Professional Documents
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2010 CFhandbookFINAL
2010 CFhandbookFINAL
Campaign Finance
Handbook
2010
JEN N I F ER B RU NN ER
OHIO SECRETARY OF STATE
Each year the Campaign Finance Section within the Ohio Secretary
of State’s office receives between 4,000 and 6,000 campaign finance
reports which they examine for compliance with Ohio law. This book,
Ohio Campaign Finance Handbook, was developed to assist you in
meeting your campaign finance obligations by outlining current laws,
rules and forms.
If you need further assistance, you may contact your local county board
of elections. The secretary of state’s campaign finance staff can also be
of assistance by calling (614) 466-3111 or by e-mail at
cfinance@sos.state.oh.us.
Sincerely,
Jennifer Brunner
CHAPTERS
DefiNitioNs...................................................................................................................1-1
CANdidAtes...................................................................................................................2-1
ELECTIONEERING COMMUNICATION.........................................................................10-1
DISCLAIMERS................................................................................................................12-1
OTHER RESOURCES......................................................................................................15-1
TrANsitioN FuNds.....................................................................................................16-1
APPENDICES
FORMS AND INSTRUCTIONS........................................................................................ A-1
Chapter 1: Definitions
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Chapter 1: Definitions
DEFINITIONS
It is important to begin this publication with a review of the definitions for some of the most
significant terms that will be used throughout each chapter. Though not exhaustive of all campaign
finance-related terms, this chapter will highlight those which are most frequently used within this
publication and in most practical and operational applications.
Auditing Authority
The secretary of state or the county board of elections, as appropriate.
Campaign Committee
A candidate or a combination of two or more persons authorized by a candidate to receive
contributions and make expenditures.
A campaign committee is the entity through which funds are raised, spent and disclosed when
candidates run for office.
[R.C. 3517.01 (B)]
Candidate
A person who has been certified to appear on a ballot or a person who has received contributions or
made expenditures or has appointed a campaign treasurer.
The combination of two people running for governor and lieutenant governor is considered a single
candidacy. Persons who are write-in candidates are also considered candidates.
People running for county or state party central committee, presidential electors, national convention
delegates and charter commission members are not candidates and are not subject to campaign
finance reporting.
[R.C. 3501.01(H), 3517.01(B)(3); 64 OAG 1512]
Contribution
IN ADDITION TO MONEY A loan, gift, deposit, forgiveness of indebtedness,
RECEIVED VIA CASH, CHECK, donation, advance, payment, transfer of funds or transfer
ETC., A CONTRIBUTION ALSO of anything of value including a transfer of funds from an
INCLUDES NON-MONETARY inter vivos or testamentary trust or a decedent’s estate
THINGS OF VALUE SUCH that occurs for the purpose of influencing the results of
AS FOOD & BEVERAGES an election.
PROVIDED AT A FUNDRAISER
OR POSTAGE GIVEN TO A contribution does not include unreimbursed personal
COMPLETE A CAMPAIGN expenses of volunteers, ordinary home hospitality, or
MAILING. personal expenses paid for by a candidate from the
candidate’s personal funds. A contribution is received
THESE NON-MONETARY when any candidate or any agent of a committee or
TRANSACTIONS ARE “IN- other entity gains possession of it.
KIND” CONTRIBUTIONS
[R.C. 3517.01(B)(5), 3517.08]
AND ARE REQUIRED TO BE
DISCLOSED IN CAMPAIGN Individuals under the age of seven years are prohibited
FINANCE REPORTS. SEE ALSO from making any contribution.
“IN-KIND CONTRIBUTION”
[R.C. 3517.102 (B)(1)(c)]
LATER IN THIS CHAPTER.
Debt
Goods or services that have been received by or on behalf of the committee for which full payment
or reimbursement has not yet been made.
Disclaimer
The portion of a political message that identifies the
name and address of the person or entity that paid for SOME CAMPAIGN-RELATED
the item on which the disclaimer appears. ITEMS DO NOT REQUIRE
A DISCLAIMER. BECAUSE
A disclaimer must appear on almost everything that
OF THEIR SIZE, SHAPE OR
is created in an attempt to influence an election,
MATERIAL, SOME ITEMS
including electronic messages. However, individuals
HAVE BEEN AUTOMATICALLY
acting alone to disseminate material and certain
EXEMPTED FROM THE
political action committees limited in size and amount
DISCLAIMER REQUIREMENT.
of expenditure activity are not required to include a
EXAMPLES INCLUDE: PENCILS,
disclaimer. Candidates are not considered individuals
MUGS, HATS, AND GOLF BALLS.
for purposes of the disclaimer requirement. Personal
FOR A COMPLETE LISTING,
correspondence that is not reproduced for distribution
PLEASE SEE OAC 111-5-19.
does not need a disclaimer. Political parties do not
need to include addresses as part of their disclaimers.
[R.C. 3517.105, 3517.20; OAC 111-5-19; OEC Adv. 96ELC-10]
Earmarked Contribution
A contribution received by a person, candidate or reporting entity from another person or entity with
the understanding that the contribution is to be passed on to another candidate or reporting entity.
If this occurs, and the intermediate recipient is not a reporting entity, the intermediate recipient must
inform the ultimate recipient of the original source of the contribution. If the intermediate recipient
is a reporting entity, the intermediate recipient must not only inform the ultimate recipient of the
original source of the contribution, but must also reflect in his or her own report from whom the
contribution was originally received and for whose benefit the contribution was given. The ultimate
recipient must report the original source of the contribution as well as the intermediate recipient’s
role in receiving and passing on the contribution. Earmarked contributions are subject to all
applicable contribution limits.
[R.C. 3517.13(G)]
Electioneering Communication
Any broadcast, cable or satellite communication that refers to a clearly identified candidate and that
is made within 30 days of an election.
Any person intending to make a disbursement for the direct costs of producing or airing
electioneering communications must file a notification of that intent with the secretary of state prior
to making the disbursement.
[R.C. 3517.1011(C); OAC 111-4-10]
Electioneering communication does not include Web-based communication, print media, or printed
materials.
Expenditure
The disbursement or use of a contribution for the purpose of influencing the results of an election or
for making a charitable donation.
[R.C. 3517.01(B)(6), 3517.08 (G)]
Foreign Nationals
Foreign governments, foreign corporations, foreign partnerships, individuals with foreign citizenship
and immigrants without a green card.
Foreign nationals are prohibited by law from making political contributions to influence any
candidate election. Candidates, campaign committees and all other political entities are prohibited
from soliciting or accepting anything – including a monetary contribution, in-kind contribution, or
independent expenditure – from a foreign national. Immigrants with a green card may make political
contributions.
[2 U.S.C. 441e; R.C. 3517.13 (W)]
Gift
A “gift” is the terminology given to the source of funding for the
Restricted Fund of a state or county political party and the Levin fund of
a state political party. Since these accounts cannot be used to support
or oppose any particular candidate, the term “contribution” is not an
appropriate description for the income on these accounts.
In-Kind Contribution
Anything of value, other than money, that is used to influence the results of an election.
Examples include postage, signs, receiving office space without paying rent, the assistance of
personnel compensated by a third party or the purchase of media advertising by a third party on
behalf of a committee. To qualify as an in-kind contribution, the item or service must have been
made with the consent of, in coordination, cooperation or consultation with, or at the request
or suggestion of, the benefited candidate, committee, fund, party or entity. In-kind contributions
received are considered a form of a contribution, and, therefore, subject to all laws or rules
regarding contributions.
[R.C. 3517.01(B)(16)]
Independent Expenditure
An expenditure made to advocate the election or defeat of a candidate or a ballot issue without the
consent of, and not in coordination, cooperation or consultation with, or at the request or suggestion
of, the candidate, campaign committee, or ballot issue.
[R.C. 3517.01(B)(17); 3517.105 (C); OAC 111-3-02]
Any expenditure by a political party for the purpose of financing communications advocating
the election or defeat of a candidate for judicial office shall be deemed to be an independent
expenditure. As such, the benefiting judicial candidate campaign committee has no requirement to
disclose the communications cost.
[R.C. 3517.105 (D)]
Loan
Money received and deposited into a committee’s bank account
for which repayment is expected.
When a board or commission or other similar body of elected officials has multiple open positions at
the same election, two or more candidates may join together and form a multi-beneficiary campaign
committee to act as their sole campaign committee.
[R.C. 3517.081 (B)]
Although a board of elections, the secretary of state’s office, or an individual may file a campaign
finance related complaint, only the OEC may find a violation of campaign finance law and impose a
penalty. Please see Chapter 14, Ohio Elections Commission for more information.
A PAC does not include candidate committees, legislative campaign funds, political parties, political
contributing entities or political clubs.
To determine whether a purpose is a primary or major purpose, the following should be considered:
»» Whether the combination of two or more persons receives money or any other thing of value
in a common account for the specific purpose of supporting or opposing any candidate,
political party, legislative campaign fund, political action committee, political contributing
entity or ballot issue.
»» Whether the combination of two or more persons has or will make a continuing pattern of
expenditures from a common account to support or oppose any candidate, political party,
legislative campaign fund, political action committee, political contributing entity or ballot
issue.
»» Whether the combination of two or more persons constitutes an entity that was not in
existence prior to supporting or opposing any candidate, political party, legislative campaign
fund, political action committee, political contributing entity or ballot issue.
»» Whether the total dollar value of the combination of two or more persons’ activity described
in the above paragraphs during a calendar year exceeds $100.
[R.C. 3517.01(B)(8); OAC 111-1-02(K)(1)]
A “combination of two or more persons” does not include persons making separate individual
contributions to the same campaign committee, political party or other entity.
[OAC 111-1-02 (K)(2)]
Political Club
An organization excluded from the definition of a “political action committee” and having the
following attributes:
»» Makes no more than $1,000 in total contributions, to influence the outcome of an election,
per calendar year.
Notwithstanding its name, a “political club” is not necessarily required to have any affiliation with
any political party.
[R.C. 3517.01(B)(8)(b); OAC 111-1-02 (L)]
Currently, only labor organizations may make contributions and expenditures in accordance
with the decision in UAW et al. v. Philomena, et al. (1998) 121 Ohio App. 3d 760 (10th District).
Corporations may not currently be PCEs.
[R.C. 3517.01 (B)(25)]
Political Party
A major political party is any group of voters that garners and maintains at least 5% of the total vote in
a gubernatorial or presidential election. Both the Democratic party and the Republican party are major
political parties in the state of Ohio. In addition to having a statewide party apparatus, each major
political party has separate, local organizations in each of Ohio’s 88 counties.
[R.C. 3517.01 (A)]
Treasurer
An individual appointed by a candidate, political action committee, political contributing entity,
political party or legislative campaign fund to receive, deposit and disclose contributions, make and
disclose expenditures and file periodic reports of campaign finance activity.
A treasurer is required to keep a strict account of all contributions received and expenditures made.
Any reasonable accounting procedure may be employed by the treasurer to ensure a full, complete
and accurate account of all financial and disclosure information. The treasurer must preserve all
records and accounts for six years after each periodic report has been filed.
[R.C. 3517.01 (B)(2), 3517.081, 3517.10 (D); OAC 111-5-14]
Chapter 2: Candidates
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Chapter 2: Candidates
CANDIDATES
What to Do First
Before receiving any contribution or making any
expenditure, a potential candidate must file a Designation
The need to file
of Treasurer (Form 30-D). This is considered a “registration”
form and includes basic information such as the candidate’s a Designation of
name and address, the campaign committee’s name, the Treasurer and create
office sought and the name of the treasurer and any deputy a campaign committee
treasurers. The candidate must either designate himself may occur well
or another person as the campaign committee treasurer. before the candidate
The candidate must, and the treasurer should, sign the
Designation of Treasurer form. Candidates are responsible
begins circulating
to update/amend this information as necessary (e.g., change petitions.
in treasurer or change of committee name or change of
address).
[R.C. 3517.081, 3517.10(D)]
Candidates who only spend their own personal funds still must file a Designation of Treasurer form
prior to making out-of-pocket expenditures related in any way to their campaign. However, the use
of personal funds to pay the filing fee to run for office does not require the filing of a Designation
of Treasurer form. Please see the Filing Fee Only Candidate section in this chapter for more
information.
[OAC 111-5-01]
Bank Account
A campaign committee must establish a bank account that is separate from a personal or business
account of the candidate, or of a member of the candidate’s campaign committee. All monetary
campaign contributions received must be deposited into this account. All contributions received and
deposited, and all expenses paid from this account must be disclosed.
[R.C. 3517.10]
A federal identification number may be required by the committee’s chosen financial institution. This
number is issued by the Internal Revenue Service upon request.
Similarly, campaign committees for candidates for member of the general assembly or candidates
for the courts of appeals are subject to electronic filing with the secretary of state. Electronically filed
reports are not additionally required to be produced and/or filed in paper form. See Chapter 11,
Electronic Filing, for more information.
All other candidates file their reports with the county board of elections in the county in which they
are running for office. State law neither requires nor permits a local candidate’s campaign committee
which submits campaign finance reports at the local county board of elections to file electronically.
[R.C. 3517.11(A)].
A committee that must change its place of filing does so by first filing an amended Designation of
Treasurer form. The original copy of the amended Designation of Treasurer form should be filed
with the new place of filing. A photocopy should be sent to the prior place of filing, with a notation
or letter clearly indicating that the form is intended as a termination for purposes of filing at that
location.
Federal political committees, which include a campaign committee’s name of a candidate for
federal office, file reports with the Federal Election Commission. However, when a federal political
committee makes a disbursement to an Ohio non-federal candidate’s campaign committee, the
federal candidate committee must disclose this information to the secretary of state’s office.
[R.C. 3517.107]
[R.C. 3517.10(A)]
The campaign committee of a candidate who will appear on the ballot has raised
$1,200 in contributions and has made $300 in expenditures during the pre-election
filing period. This committee must file a pre-election report.
A post-election report is due by 4:00 p.m. on the 38th day after the election if the candidate
appeared on the ballot. A post-general report covers all activity not previously reported through the
31st day after the election. Any campaign committee whose candidate appeared on the ballot must
file a post-election report.
[R.C. 3517.10(A)]
A semiannual report is due by 4:00 p.m. on the last business day of July showing all activity since
the last report through June 30 and should reflect only the activity that has occurred since the
previous report was filed. The campaign committee of any statewide or county candidate must file
the semiannual report in a year when the candidate does not appear on an election ballot.
»» Campaign committees of candidates for judicial office are not required to file a semiannual
report in any year.
»» Receives, during the semiannual reporting period, contributions exceeding ten thousand
dollars.
»» Did not file a post-primary election report.
[R.C. 3517.10(A)(4); OAC 111-5-04]
An annual report is due by 4:00 p.m. on the last business day of January showing all activity since
the last report through December 31 and should reflect only the activity that has occurred since the
previous report was filed. An annual report must be filed by a campaign committee that was not
required to file a post-general election report.
[R.C. 3517.10(A)(3); OAC 111-5-04]
A campaign finance report can be filed even if one is not required to be submitted. This option
allows a filing entity the flexibility of disclosing more frequently and, possibly, avoiding a late filing
or completely failing to file a required report.
The Local Candidate Waiver form covers activity occurring through the post-general reporting period
of the year in which the waiver is filed. After that election year, the campaign committee must either
terminate or begin filing campaign finance reports as prescribed by section 3517.10 of the Revised
Code.
[R.C. 3517.10(K); OAC 111-1-09]
A campaign committee that qualifies for and operates under the conditions of the waiver is
exempted from filing reports, but is not exempted from keeping a strict and accurate accounting of
all campaign finance activity and preserving that information for six years, should there arise any
need to examine disclosed information.
[R.C. 3517.10 (D)(2); OAC 111-5-14]
If a candidate has not filed a Designation of Treasurer form to establish a campaign committee, then
there is no need to file a Local Candidate Waiver form. By not filing a Designation of Treasurer form
a candidate indicates he/she will not receive or expend any funds – even their own – to influence
the outcome of their election.
If the candidate lost the primary, then the committee must also terminate to qualify to file only a
Short Form Report comprised of only an Ohio Campaign Finance Report Cover Page for his/her
post-primary report. If a Short Form Report is filed for the post-general, then the committee must
simultaneously terminate.
Whenever a Short Form Report is filed, the portion of the form that contains lines to indicate total
amounts should be completed.
If the candidate does not qualify for the Short Form Report, then a full campaign finance report must
instead be filed.
[R.C. 3517.10(H)]
Report Forms
All reporting forms, along with instructions for their use, are available at the secretary of state’s Web
site: www.sos.state.oh.us
Filers may choose to download the forms and use them for creating reports eligible for filing in
paper form. Filers may choose to create their own forms for use in paper filing, with the approval of
the secretary of state’s office, as long as they are substantially similar to the forms prescribed by the
secretary of state’s office.
[OAC 111-5-11]
Filers seeking the approval of alternative paper forms may direct their request, along with a sample
of each of the alternative forms to:
GENERAL RULES
Federal Candidates
If a federal candidate’s
Federal law governs campaign finance in federal political committee wants
elections. However, to the extent Ohio campaign
to make contributions
practices are not preempted by federal law, Ohio law
may apply to federal candidates. Such determination to Ohio non-federal
must be made on a case-by-case basis. Questions candidates, it must first
regarding federal law may be answered by the Federal become authorized in
Election Commission. Ohio by filing, with the
[R.C. 3513.261, 3517.107] secretary of state, a
copy of the most recent
Filing Fee Only Candidate federal Statement of
Organization.
The payment of a filing fee by the candidate from
the candidate’s own funds is not considered either a
contribution or an expenditure that would require the
filing of a Designation of Treasurer form. Therefore, a candidate who receives no contributions and
makes no expenditures, except for the filing fee paid from his own personal funds, is not required
to file the Designation of Treasurer form and create a campaign committee. A candidate who is
not required to file a Designation of Treasurer form – because no contributions will be received or
expenditures made – is not subject to the reporting requirements. However, if the candidate has
filed a Designation of Treasurer, payment of a filing fee is an ordinary and legitimate campaign
expenditure and may be paid by campaign committee funds and reported as a normal expenditure.
[R.C. 3517.10; OAC 111-5-01]
1. Each candidate seeks the same office at the same election and the office is a member of
a board or commission or other similar body of elected officials with multiple members
(example: two candidates running for four open school board seats).
2. The number of candidates in the multi-beneficiary committee does not exceed the number of
open positions.
3. The candidates jointly designate one of the candidates or one member of the campaign
committee as the treasurer of that campaign committee and file a combined Designation of
Treasurer form.
Prior to the termination, the multi-beneficiary campaign committee must dispose of its balance on
hand by doing any of the following:
2. Giving the amount to individuals who made contributions as a refund of all or part of their
contribution.
CONTRIBUTIONS
Generally speaking, the value of all contributions received by a candidate’s campaign committee
must be disclosed. With the exception of those received at a fundraising event, all contributions must
be separately itemized. The primary elements for complete disclosure of a contribution are the name
and address of each contributor as well as the date and amount of each contribution.
Anonymous Contributions
Contributors may not remain anonymous by request. If a donor does not want to be identified,
the contribution is not truly anonymous and the campaign committee should not accept the
contribution. However, if an anonymous contribution is received, the campaign committee must
make an effort to identify the donor. If that effort is unsuccessful, the contribution should have an
explanation of the circumstances that caused it to be anonymous and a description of the efforts
made to determine the donor’s identity. This information should appear in the address portion of
form 31-A, Statement of Contributions Received.
[R.C. 3517.10 (C)(2)]
Contribution Limits
Under state law, limits on contributions apply only to the campaign committees of candidates for
statewide office or the office of member of the general assembly. See chapter 3, Special Regulations
for Statewide and General Assembly Candidates, for more information. Refer also to limits and
prohibitions that apply to Medicaid providers and to entities awarded government contracts.
The secretary of state examines reports for compliance with contribution limits prescribed by
state law. Complaints of alleged violations of campaign finance law – including contribution limit
violations – are filed with the OEC which has original jurisdiction to hear complaints, find violations,
and impose penalties. Please see Chapter 14, Ohio Elections Commission, for more information.
Judicial candidates must abide by contribution limits as set or modified by the Ohio Supreme Court.
Details of these limits are available by contacting the Court or visiting the Ohio Supreme Court’s
Web site: www.supremecourt.ohio.gov/Judiciary/candidates
County or local candidates are not limited in the amount of contributions they may receive, other
than those received in cash, unless there is a municipal or county charter that provides otherwise.
Enforcement of charter-prescribed contribution limits is the responsibility of the law director or
other charter office. County and local candidates are limited as to how much their committees may
contribute to certain other entities.
[R.C. 3517.102]
If the candidate provides items to the campaign committee and expects reimbursement in a later
reporting period for these items, then the amount must be listed as an outstanding debt so that
the candidate may later be reimbursed. This information is disclosed on form 31-N, Statement of
Outstanding Debts. As long as loans or debts remain outstanding, each report filed by the campaign
committee must disclose the obligations until they are paid or forgiven.
Legal professional associations and other professional associations (e.g physicians, architects
& dentists) under R.C. 1785 as limited liability companies under R.C. 1705, or partnerships as
defined by R.C. 1775 through 1783, are not “corporations” under R.C. 3599.03. These entities are
considered either partnerships or unincorporated businesses. A partnership or other unincorporated
business may use its checking account to transmit a contribution to a candidate. The contribution
must be accompanied by detailed information about each partner, owner or member and their
allocated portion of the contribution. The recipient of such a contribution must itemize each
allocated portion according to the information provided. No contribution from a partnership or other
unincorporated business may be accepted, deposited or used unless the recipient has the allocation
information necessary to itemize the contribution by the partner, owner or member.
[R.C. 3517.10 (I); OAC 111-5-21; OEC Adv. 96ELC-03]
To determine the status of a business or a corporation registered in Ohio, you may contact the
secretary of state’s Business Services Division at (877) 767-3453. Also, the complete database of
business entity filings is available and can be searched at the secretary of state’s Web site:
www.sos.state.oh.us
Follow the links for Business / Corporations and Search Filings or Search Database.
Debts
When a campaign committee has received a good or service that is 30 days or more payable
at the time of a reporting deadline, it must disclose the transaction on form 31-N, Statement of
Outstanding Debts within that report.
Loans
It is acceptable for a campaign committee to receive contributions in the form of a loan where the
contributor expects to be repaid. While there is no requirement to obtain or disclose any formal loan
agreement between the campaign committee and the contributor, it is advisable to consider having
an agreement with all terms expressly detailed. Once a loan is received, the balance – along with
any payments made – must be included in each report filed until the loan is repaid or forgiven by the
contributor.
Elected officials and candidates at the county, township, city, village, or school district level may not
solicit contributions from employees whose appointing authority is or would be that public official
or who are or would be employed by the same public agency, department, division or office as the
official. The campaign committee for candidates at the county, township, city, village, or school
district level may, however, accept voluntary, unsolicited, contributions from employees.
[R.C. 3501.01 (T), 3517.092]
County or local elected officials who receive voluntary contributions from employees of a unit or
department under their direct supervision or control must report them separately on form 31-G,
Contributors in Officeholder’s Employ.
[R.C. 3517.10 (C)(3)]
Public employees are prohibited from being solicited for political contributions while performing
their official duties or while they are in those areas of a public building where official business
is transacted or conducted. Public employees are prohibited from soliciting contributions while
performing official duties or in areas of a public building where official business is conducted. For
the purpose of these prohibitions, the term “public employee” does not include any person holding
an elective office.
[R.C. 3517.092]
The phrase “two calendar years” means the two periods of January 1 through December 31
preceding the year in which the contract is awarded.
[OEC Adv. 87-5]
»» secretary of state
»» auditor of state
»» treasurer of state
»» attorney general
The amount of the credit equals the lesser of the combined total of contributions made during the
year by each taxpayer filing a return of $50, in the case of an individual return, or $100 in the case
of a joint return.
(R.C. 5747.29)
Questions related to this section of Ohio’s tax law should be directed to:
Independent Expenditures
An independent expenditure is one that is made in support of or in opposition to either a candidate
or a ballot issue without the consent of, and not in coordination, cooperation or consultation with,
or at the request of or suggestion of, the candidate or ballot issue committee. Such expenditures are
reported by the entity that makes them, but not by the benefited committee.
[R.C. 3517.01(B)(17), 3517.105; OAC 111-3-02]
In-Kind Contributions
An in-kind contribution is a non-monetary contribution of goods or services that was made with
the consent of, in coordination or cooperation with, or at the request or suggestion of, the benefited
candidate or committee. Examples include receiving postage or signs, receiving rent-free office
space, having personnel assistance compensated by a third party or having a third party buy media
advertising on behalf of a committee.
[R.C. 3517.01(B)(16)]
The exception to the general definition and operation of an in-kind contribution is when a political
party makes one or more expenditures for the purpose of financing communications advocating
the election or defeat of a candidate for judicial office. This type of expense made by a political
party, whether or not it is made in coordination with a candidate or campaign committee, shall
be deemed to be an independent expenditure and reported as such by the political party on form
31-U, Independent Expenditures Made by a Campaign Committee, PAC, Political Party or Legislative
Campaign Fund. As an independent expenditure, the affected judicial candidate campaign
committee does not have a duty to disclose the expenditures made by the political party.
[R.C. 3517.105 (D)]
Joint Fund-Raisers
Each candidate committee that engages in a joint fund-raising activity must deposit into its account
only the checks that are made out to that particular committee. If a check is received that is made
out to more than one committee, it must be refunded to the contributor and not deposited into
any committee bank account. The expenses for the activity must be divided equally among the
participants, unless they have agreed to divide them in another manner. If the expenses are not
divided equally and one committee pays for most or all of the event costs, an in-kind contribution
occurs and must be disclosed – both by the maker and the recipient of the contribution.
[R.C. 3517.01 (B)(16); OAC 111-5-18]
Medicaid Providers
Candidates for attorney general or county prosecutor, or the campaign committees of such
candidates, are prohibited from knowingly accepting contributions from Medicaid providers or from
any person with an ownership interest in a provider.
[R.C. 3599.45]
Partnerships/Unincorporated Associations
Contributions received from partnerships or unincorporated associations must reflect both the name
of the entity and the individual making the contribution. Incorporated professional associations
and limited liability companies are considered unincorporated associations or, if applicable,
partnerships. Contributions may be transmitted by these entities, but must include, at the time of the
distribution, detailed information on the allocation of the contribution amount among the owners
or partners of the unincorporated association or partnership. No contribution from a partnership
or other unincorporated business may be accepted, deposited or used unless the recipient has the
allocation information necessary to itemize the contribution by the partner, owner or member.
[R.C. 3517.10(I); OAC 111-5-21; OEC Adv. 96ELC-03]
Raffles
The use of raffles or other games of chance to raise money for a
campaign committee, political action committee, political party
or any other political entity, while not specifically prohibited
in the campaign finance statutes, is discouraged for several
reasons. First, the collecting and reporting of all the required
contributor information for every raffle ticket or chance sold
can be very difficult. A campaign treasurer is required to keep
a strict account of all contributions received – regardless of the
amount of the contribution. Second, the raffle or other games
or schemes of chance in which persons pay to play may be a
lottery prohibited by Article XV, Section 6 of the Ohio Constitution or may constitute gambling in
violation of R.C. 2915. In addition, political fund-raising events involving a raffle or other scheme
or game of chance held on the premise of a liquor permit holder may involve a violation of OAC
4301:1-1-53 of the Ohio Department of Commerce, Division of Liquor Control.
Many fund-raising events award door prizes to some of the persons who attend. Giving door
prizes of minimal value, such as flower arrangements, is unlikely to constitute a violation because
the persons participating would have contributed regardless of the possibility of receiving a prize.
However, if the value of the prize is significant enough to encourage contributors to purchase a ticket
in the hopes of winning the prize, then a violation may have occurred. Questions or information
concerning raffles and other schemes or games of chance should be referred to the county
prosecutor in the county where the activity occurs.
[SOS Advisory No. 94-04]
If a contribution that is kept is later found to be illegal, then the committee must refund it within 10
days of discovery.
[R.C. 3517.992; OAC 111-5-12]
EXPENDITURES
The value of all expenditures made by a campaign committee must be disclosed. The primary
elements for complete disclosure of expenditures include the name and address of each payee
as well as the date, amount and detailed purpose of each expenditure. In some cases, additional
information or more detailed itemization may be required.
»» Legitimate and verifiable prior campaign expenses originally paid by using personal funds.
»» Legitimate, verifiable, ordinary and necessary expenses incurred in connection with the
duties as the holder of a public office.
»» Legitimate, verifiable, ordinary and necessary expenses incurred by the beneficiary while:
»» Raising funds for, or participating in activities of, a political party or other political
committee.
These terms have been defined by the Ohio Elections Commission as follows:
In addition, the Ohio Elections Commission has made clear that these expenses must be reasonable
in cost and form.
[OEC Adv. 87ELC-4]
Candidates and treasurers must ensure that items purchased with campaign funds are permitted and
are used appropriately. For example, the purchase of postage with campaign funds is a common
occurrence – both for candidate campaign committees as well as other reporting entities. The
postage must be used by the entity to influence the result of an election, for making a charitable
donation or, if purchased by a campaign committee, the performance of the candidate’s duties of
public office. It is prohibited for an item which was purchased with campaign funds to be used for
the personal benefit of the candidate or other person.
Attendance to political party conventions or other political meetings for the candidate or
officeholder is a permitted expense of a campaign committee. The committee may reimburse such
expenses for an employee of the campaign committee. It cannot pay the expenses for contributors,
constituents or family members – unless their attendance is necessary in furtherance of the
candidate’s campaign or while pursuing policy initiatives of the candidate in connection with the
performance of the duties of the holder of the public office.
A campaign committee may directly pay for any item only if the expense relates exclusively to one
of the permitted uses (e.g. campaign expense or in connection with the duties of public office).
If the expense was incurred by a mix of campaign and personal use, the beneficiary must pay the
expense and then seek reimbursement from the campaign committee for that part of the payment
that was campaign related.
[R.C. 3517.13 (O) – (R); OEC Adv. 87ELC-3]
Charitable contributions are those made to a charity that has been designated as exempt from federal
income taxation under subsection 501(a) and described in subsections 501(c)(3), 501(c)(4), 501(c)
(8), 501(c)(10) or 501(c)(19) of the Internal Revenue Code or to any charity approved by advisory
opinion of the Ohio Elections Commission.
[R.C. 3517.08(G)]
Campaign committees may not make any refund of any contribution, unless the purpose is to refund
a contribution in excess of the applicable contribution limit or to refund a contribution that has been
determined to be illegal.
[OEC Adv. 99ELC-03]
Credit Cards
A campaign committee may obtain a credit card to purchase goods and services on behalf of the
committee. If the committee pays the credit card company directly, each credit card purchase should
be listed separately as an expenditure on form 31-B, Statement of Expenditures, or on form 31-F,
Statement of Expenditures for a Social or Fund-Raising Event, with the vendor name, address, date
and amount of purchase. The credit card statement should be attached to the report along with a
copy of the canceled check to the credit card company.
[OAC 111-5-14]
If the candidate or another individual uses a personal or non-committee credit card and then seeks
reimbursement from the committee for the purchases, then the reimbursement expenditure must be
reported on the expenditure form. The treasurer must obtain receipts for all reimbursements issued
in order to verify the legitimacy of each campaign expense. The underlying documentation for an
expenditure may be requested by a county board of elections or the secretary of state.
Expenditure Verification
The three
Every expenditure in excess of $25 must have a
corresponding canceled check or receipt photocopy primary pieces of
attached to the report. A paid receipt is one that has been data needed to meet
marked “PAID” by the vendor. In addition, the secretary the expenditure
of state or the county board of elections may request a log verification are:
for certain items, such as mileage reimbursements, so that
the expenditure and its appropriateness may be verified. »»Name of payee
If canceled checks are not returned or provided by the »»Date of expenditure
banking institution of the committee, a copy or printout of »»Amount of expenditure
the campaign committee’s bank statements will suffice for
the receipt requirement so long as the name of the vendor, date of transaction and amount of the
expenditure are all provided. Additionally, printouts of cancelled check images as provided by the
campaign committee’s banking institution satisfy the expenditure verification requirement.
[R.C. 3517.10(D); OAC 111-5-14; OEC Advs. 87ELC-03 and 87ELC-12]
REPORTING
Disclosure of campaign finance activity is a crucial element in monitoring compliance with and
effectiveness of Ohio’s campaign finance laws and regulations. When a report is filed, it must be a
full, true and itemized accounting of contributions and expenditures for the reporting period.
When an error is found, or when checks are received that could not earlier be attached to a report,
the amendment should be filed immediately. When an auditing authority requests additional
information or a correction to a report, the committee has 21 days to provide the information or
correction.
[R.C. 3517.11(B); OAC 111-5-08, 111-5-09]
Record Retention
Committees must keep their records for six years. The county boards of elections and the secretary
of state must also keep all reports filed with them for six years. The secretary of state must keep all
reports filed by electronic means of transmission for six years. This requirement includes all bank
records (including deposit records), reports, amendments, correspondence, receipts, invoices and
notices.
[R.C. 3517.10(D), 3517.106 (D); OAC 111-5-14]
Late Reports
When a required report is filed late, the county board of elections or the secretary of state must refer
the matter to the Ohio Elections Commission.
[R.C. 3517.11(C)]
Issuance of Certificate
A successful candidate will receive his or her certificate of nomination or election, as appropriate,
only after complying with all campaign finance filing requirements.
[R.C. 3517.11(D)]
Chapter 3: Additional
Requirements for Statewide and
General Assembly Candidates
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Chapter 3: Additional Requirements for Candidates
SPECIAL RULES
Election Periods
Several of the special rules and reports for statewide or general assembly candidates require an
understanding of election periods, including being able to determine a candidate’s primary and
general election period date ranges.
The primary election period begins on the latest (e.g. most recent) of the three following dates:
1. January 1 of the year following a general election at which that specific office was up for
election.
2. January 1 of the year following a general election at which the person last ran as a candidate
for any office.
3. The first day of the month following a primary election at which the person last ran as a
candidate for any office and was unsuccessful.
[R.C. 3517.102(A)(5), 3517.109(A)(9)]
Examples:
A candidate ran for Ohio Senate in 2008 and lost in the primary election and
intends to run for state treasurer in 2010. The primary election period for this
candidate’s run for state treasurer would begin on the first day of the month
following the primary election in 2008, which was April 1, 2008.
A candidate runs for municipal clerk in 2009, but loses the general election. This
person then decides to run for an Ohio House of Representatives seat (two-year
term) in 2010. The primary election period for this candidate would begin January
1, 2010.
A candidate ran for city council in 2007 and won the general election. The
candidate intends to run for governor in 2010. The primary election period would
begin January 1, 2008.
A candidate ran for the Ohio House of Representatives in 2008 and won the
general election. The candidate intends to run for re-election in 2010. The primary
election period would begin January 1, 2009.
The primary election period ends on the day of the primary election. The length of a primary election
period could vary widely, from in excess of three years to just a few months, depending on the facts
and circumstances specific to the candidate and the office being sought.
The general election period begins the day after the primary election at which the candidate seeks
office and ends December 31, following the subsequent general election.
[R.C. 3517.102(A)(5)]
Contribution Limits
Ohio law limits the campaign contribution amount that individuals, PACs, PCEs, parties, LCFs
and campaign committees can contribute to statewide and general assembly candidate campaign
committees. The contribution limit chart included as part of this Guide is intended to be a visual
representation of the limit law. While the chart details the limits placed on most contribution
transactions, it does not include every possible transaction circumstance that may occur.
The limitations do not apply to contributions made by a candidate to his/her own campaign
committee. However, the limitations do apply to contributions received by the candidate’s spouse,
parents, children, sons-in-law, daughters-in-law, brothers, sisters, grandparents, mother-in-law, father-
in-law, brothers-in-law, sisters-in-law or grandparents by marriage.
[R.C. 3517.102]
A campaign committee is no longer a “designated state campaign committee” after the campaign
committee’s candidate changes the designation of treasurer required to be filed under division (D)(1)
of section 3517.10 of the Revised Code to indicate that the person intends to be a candidate for, or
becomes a candidate for nomination or election to, any office that, if elected, would not qualify that
candidate’s campaign committee as a “designated state campaign committee.”
[R.C. 3517.102(A)(9)]
Employer/Occupation Information
Statewide and general assembly campaign committees
filing campaign finance statements must report the name When applicable,
of an individual contributor’s current employer or, if self- the statute requires
employed, his or her occupation and the name of the
the information in the
individual’s business, if the individual makes a contribution
of more than $100. If a campaign committee does not following order:
receive the information when the contribution is received, it
must make its best effort to obtain this information.
1. Employer
[R.C. 3517.10(B)(4)(b)(ii), 3517.10(E)(2)] 2. IF self-employed
The campaign committee of a statewide or legislative a. Occupation
candidate that receives contributions that aggregate
more than $100 and are made through employee wage b. Name of business
deduction plans involving two or more employees must
report the employer’s name and the name of the employee’s
labor organization, if any. The employer must furnish that
information to the recipient of the contribution. The reporting entity is considered to have met this
requirement if it exercises its best effort to obtain the information.
[R.C. 3517.10(B)(4)(b)(iii), 3517.10(E)(3) and 3599.031(D)]
“Best effort” is defined as including a written request for the employer information in all written
solicitations and at least one oral or written follow-up attempt to obtain the employer information.
[R.C. 3517.10(E)(3); OAC 111-1-05]
Electronic Filing
All statewide, general assembly and court of appeals candidate campaign committees are subject to
mandatory electronic filing of campaign finance reports. Please see chapter 11, Electronic Filing, for
more information.
Federal Transfers
A person who is a candidate for state elective office and who previously sought nomination
or election to a federal office is prohibited from transferring any funds or assets from his or her
federal campaign committee for nomination or election to the federal office to his or her campaign
committee as a candidate for state elective office.
[R.C. 3517.13(S)]
Reimbursements
Statewide and general assembly candidates who make campaign related expenditures from personal
funds and then seek periodic reimbursement from their campaign committee should realize that
there is a running $500 cap on the amount of un-reimbursed personal funds that may accumulate.
Candidates should take steps to ensure adequate funds are present in their campaign account to so
that periodic reimbursement can be accomplished. Once a candidate has been reimbursed for a
particular amount of personal expenditures, that amount is no longer counted toward the $500 limit.
[R.C. 3517.103(B)]
Contributions of money made to the campaign committee of a candidate for any of the following
public offices are eligible for credit:
»» secretary of state
»» auditor of state
»» treasurer of state
»» attorney general
The amount of the credit equals the lesser of the combined total of contributions made during the
year by each taxpayer filing a return of $50, in the case of an individual return, or $100 in the case
of a joint return.
(R.C. 5747.29)
Questions related to this section of Ohio’s tax law should be directed to:
Tax deductibility of federal contributions is under the jurisdiction of the Internal Revenue Service.
The additional contributions accepted by a campaign committee to retire unpaid debt do not count
toward the applicable limitations during the election period when they are accepted, as long as the
campaign committee reported unpaid debt in its pre-election or post-election report, and:
1. The additional money is deposited into an account separate from the campaign committee’s
regular account.
2. The additional money is used only to reduce or pay off previously incurred and reported
debt.
4. The additional money is raised in the period immediately following the election period in
which unpaid debt was accrued.
6. The committee separately reports all of the additional contributions for debt reduction
purposes, how the contributions are applied to the outstanding debt and the balance of the
unpaid debt.
[R.C. 3517.108, OAC 111-5-02]
SPECIAL REPORTS
Monthly Reports
The campaign committee of a statewide candidate must file a monthly statement of contributions
received during each of the months of July, August and September in the year of the general election
in which the candidate seeks office. These monthly reports are required to list only contributions
received during the covered period. Although only contributions are required to be disclosed, a
campaign committee may choose to also disclose any expenditure and loan/debt transactions from
the reporting period. Otherwise, expenditures made and any loan/debt transactions occurring during
the reporting time period must be included in the next pre-general or post-general report, whichever
is required to be filed first.
The monthly statement must be filed no later than three business days after the last day of the month
covered by the statement. Monthly reports are stand-alone reports; therefore, the contributions
reflected within these reports should not appear again in any subsequent report.
[R.C. 3517.10(A), 3517.13(A); OAC 111-5-08]
Two-Business-Day Reports
From the 19th day before the general election through the day of the general election, each time a
campaign committee of the joint candidates for governor and lieutenant governor or of a candidate
for secretary of state, treasurer of state, auditor of state or attorney general receives a contribution
that causes the aggregate amount of contributions from a contributor to equal or exceed $10,000
during that period, and each time a campaign committee of a candidate for chief justice or justice of
the supreme court receives a contribution that causes the aggregate amount of contributions from a
contributor to exceed $10,000 during that period, the committee must file with the secretary of state
a two-business-day statement reflecting that contribution. The report must be filed with the secretary
of state within two business days after receipt of the contribution. These contributions must also be
reflected in the post-general report. This information is disclosed on form 30-C, Two Business-Day
Statement.
[R.C. 3517.10(A), 3517.13(A)(2); OAC 111-5-09]
When To File
These reports are due no later than seven days following the declaration of candidacy or nominating
petition filing deadline. The reports are filed at the same location that the declaration or petitions are
filed.
Pre-Filing Period
Determining the pre-filing period of the campaign committee is important for both the Declaration of
Filing-Day Finances and the Permissive Funds reports. The pre-filing period of a campaign committee
begins on the same day as its primary election period. See the section on election periods at the
beginning of this chapter. The pre-filing period ends on the declaration of candidacy or nominating
petition filing deadline.
[R.C. 3517.109 (A)(9)]
Waiver
A committee may qualify to file the Waiver of Declaration of Filing-Day Finances if the following two
conditions are met:
1. The campaign committee did not accept any contributions during the pre-filing period in
excess of the contributions limits in R.C. 3517.102.
2. The campaign committee had a cash-on-hand balance less than the carry-in amount at the
beginning of the pre-filing period for the office being sought.
If the committee meets both these criteria, it may file a Waiver in lieu of a Declaration of Filing-Day
Finances. If the committee accepted excess contributions or had a balance on hand larger than the
carry-in amount, then it must file the Declaration of Filing-Day Finances.
[R.C. 3517.109(G)]
Excess Funds
There are two ways a campaign committee could end up with excess funds. The first is to accept
a contribution that exceeds the applicable contribution limit (as set forth in R.C. 3517.102 and
periodically adjusted pursuant to R.C. 3517.104). These contributions over the applicable limits are
also called excess aggregate contributions.
Example:
Accepting $12,000, in aggregate, from an individual during a primary election
period ($604.44 in excess funds).
The second way is for a campaign committee to have a cash-on-hand balance and total campaign
assets at the declaration of candidacy or petition filing deadline greater than the amount of a
committee’s permitted funds.
[R.C. 3517.109(A)]
Permitted Funds
A committee’s permitted funds equals the sum of the contributions received within the contribution
limits set forth in R.C. 3517.102 plus the applicable carry-in limit for the office sought.
Example:
A campaign committee of a house candidate received contributions totaling $8,000
during the pre-filing period, all of which were within the contribution limits in
R.C. 3517.102. The carry-in limit for a house candidate is $35,000. Therefore, this
committee’s permitted funds equal $43,000.
If the cash-on-hand balance, plus the value of campaign assets of this campaign
committee at the declaration of candidacy or nominating petition filing deadline,
exceeds $43,000, then the amount that it is over is considered excess funds. If the
cash-on-hand balance and the value of campaign assets is less than or equal to
$43,000, then this committee has no excess funds.
If a committee has accepted excess aggregate contributions during the pre-filing period, then it has
excess funds even if the committee’s cash-on-hand balance is less than the permitted funds’ total at
the declaration of candidacy or petition filing deadline.
[R.C. 3517.109(A)(13)]
The campaign committee may dispose of excess funds in any of the following ways:
Disposal of excess funds should be reported on form 31-Z. The refund of any excess aggregate
contribution at any time during the pre-filing period must be reported on this form.
[R.C. 3517.109(B) through (D)]
Forms
Declaration of Filing-Day Finances and Permissive Funds forms are available from the secretary of
state’s office and the secretary of state’s Web site.
Chapter 4: Legislative
Campaign Funds
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Chapter 4: Legislative Campaign Funds
What to Do First
Before receiving or giving money or goods or services, form 30-D, Designation of Treasurer, must
be filed. This form is considered a “registration” form. It includes basic information, such as the
treasurer’s name and address and the name of the LCF.
[R.C. 3517.10(D)]
A post-election report is due by 4:00 p.m. 38 days after the election if the LCF received contributions
or made expenditures to influence that election between the time the last report was filed and the
31st day after the election.
[R.C. 3517.10(A)(2)]
A semiannual report is due by 4:00 p.m. on the last business day of July if the LCF was not required
to file a report after the immediately preceding primary election. It should cover the time period
since the last report through the last day of June. A semiannual report should only reflect the activity
that has occurred since the last report was filed.
[R.C. 3517.10(A)(4)]
An annual report is due by 4:00 p.m. on the last business day of January if the fund was not required
to file a post-election report after the immediately preceding November election. The annual report
must cover the time period since the last report through the last day of December. The report should
reflect only activity that occurred since the last previous report was filed.
[R.C. 3517.10(A)(3)]
The use of the fund’s contribution is the key to when a report will be required. The need for pre- and
post-election reports will be determined by whether the recipient of an LCF contribution will appear
on a particular election ballot. A contribution made by a LCF to a political party is presumed to have
been made to influence whatever election is imminent.
[R.C. 3517.01(B)(5) and (6)]
If a required report is filed late, the secretary of state must file a complaint against the LCF with the
Ohio Elections Commission. The commission determines whether the LCF will be penalized.
[R.C. 3517.11]
Report Forms
All reporting forms, along with instructions for their use, are available at the secretary of state’s Web
site: www.sos.state.oh.us
Filers may choose to download the forms and use them for creating reports eligible for filing in
paper form. Filers may choose to create their own forms for use in paper filing, with the approval of
the secretary of state’s office, as long as they are substantially similar to the forms prescribed by the
secretary of state’s office.
[OAC 111-5-11]
Filers seeking the approval of alternative paper forms may direct their request, along with a sample
of each of the alternative forms to:
GENERAL RULES
Treasurer Duties and Liability
The treasurer of an LCF is legally responsible for keeping detailed records of everything received
or given. The cover page of every report filed should be signed by the treasurer or deputy treasurer.
Each report must contain a statement that the report is correct, subject to the penalty for election
falsification. Whoever commits election falsification is guilty of a felony of the fifth degree.
[R.C. 3517.10(C) and (D), 3517.992, 3599.36; OAC 111-5-12, 111-5-14]
CONTRIBUTIONS
Generally speaking, the value of all contributions received by a LCF must be disclosed. With the
exception of those received at a fund-raising event, all contributions must be separately itemized.
The primary elements for complete disclosure of a contribution are the name and address of each
contributor as well as the date and amount of each contribution.
Anonymous Contributions
Contributors may not remain anonymous by request. If a donor does not want to be identified, the
contribution should not be made. However, if an anonymous contribution is received, efforts must
be made by the LCF receiving it to identify the donor. If the efforts are unsuccessful, the contribution
should have an explanation of the circumstances that caused it to be anonymous and a description
of the efforts made to determine the donor’s identity. This information should appear in the address
portion of form 31-A, Statement of Contributions Received.
[R.C. 3517.10 (C)(2)]
Legal professional associations and other professional associations under R.C. 1785 as limited
liability companies under R.C. 1705, or partnerships as defined by R.C. 1775 through 1783,
are not “corporations” under R.C. 3599.03. These entities are considered either partnerships or
unincorporated businesses. A partnership or other unincorporated business may use its checking
account to transmit a contribution to a LCF. The contribution must be accompanied by detailed
information about each partner, owner or member and their allocated portion of the contribution.
The recipient of such a contribution must itemize each allocated portion according to the
information provided. No contribution from a partnership or other unincorporated business may be
accepted, deposited or used unless the recipient has the allocation information necessary to itemize
the contribution by the partner, owner or member.
[R.C. 3517.10 (I); OAC 111-5-21; OEC Adv. 96ELC-03]
To determine the status of a business or a corporation registered in Ohio, you may contact the
secretary of state’s Business Services Division at (614) 466-3910. Also, the complete database of
business entity filings are available and can be searched at the secretary of state’s Web site:
www.sos.state.oh.us
Follow the links for Business / Corporations and Search Filings or Search Database.
Joint Fund-Raisers
Each LCF that engages in a joint fund-raising activity may deposit into its account only the checks
that are made out to that particular LCF. If a check is received that is made out to more than one
reporting entity, then it must be refunded to the contributor and not deposited into the LCF bank
account. The expenses for the event are divided equally among the participants unless they have
agreed to divide them in another manner.
[OAC 111-5-18]
Partnerships/Unincorporated Associations
Contributions received from partnerships or unincorporated associations must reflect the name
of that entity, as well as the name of the individuals making the contribution. A partnership or
other unincorporated business may use its checking account to transmit a contribution, but the
contribution must be accompanied by detailed information of each partner, owner or member and
his or her allocated portion of the contribution. The recipient of such a contribution must itemize
each allocated portion according to the information provided. No contribution from a partnership
or other unincorporated business may be accepted, deposited or used unless the recipient has the
allocation information necessary to itemize the contribution by the partner(s), owner(s) or member(s).
[R.C. 3517.10(I); OAC 111-5-20; OEC Adv. 96ELC-03]
Contributions that appear questionable may be deposited, but not spent. The treasurer must make a
good-faith effort to determine the legality of the contribution. If, within 30 days of receipt, it cannot
be determined that the contribution is legal, then it must be returned. If a contribution is kept that is
later found to be illegal, then the LCF must refund it within 10 days of the discovery.
[OAC 111-5-12]
EXPENDITURES
The value of all expenditures made by a LCF must be disclosed. The primary elements for complete
disclosure of expenditures include the name and address of each payee as well as the date, amount
and detailed purpose of each expenditure. In some cases, additional information or more detailed
itemization may be required.
»» Legitimate, verifiable, ordinary and necessary expenses incurred in connection with the
duties as the holder of a public office.
»» Legitimate, verifiable, ordinary and necessary expenses incurred by the beneficiary while:
»» Raising funds for, or participating in activities of, a political party or other political
committee.
These terms have been defined by the Ohio Elections Commission as follows:
In addition, the Ohio Elections Commission has made clear that these expenses must be reasonable
in cost and form.
[OEC Adv. 87ELC-4]
Gifts to employees for birthdays, weddings and retirements and flowers to employees or their family
members due to illness or death have been deemed permissible. The Ohio Elections Commission has
also advised that campaign expenditures for legal fees are permissible when the fees are associated
with representing the LCF on matters before the Commission.
[OEC Adv’s. 87ELC-9, 87ELC-15, 88ELC-1, 90ELC-4, 96ELC-06, 96ELC-08, 2000ELC-05,
2006ELC-01]
Charitable contributions are those made to a charity that has been designated as exempt from federal
income taxation under subsection 501(a) and described in subsections 501(c)(3), 501(c)(4), 501(c)
(8), 501(c)(10) or 501(c)(19) of the Internal Revenue Code, or to any charity approved by advisory
opinion of the Ohio Elections Commission.
[R.C. 3517.08(G)]
Credit Cards
An LCF may use a credit card to purchase goods and services on
behalf of the fund. If the LCF pays the credit card company directly,
then each credit card purchase should be listed separately as an
expenditure on form 31-B, Statement of Expenditures, or on form 31-F,
Statement of Expenditures for a Social or Fund-Raising Event, with the
vendor name, address, date and amount of purchase. The credit card
statement or memo should be attached to the report along with a copy
of the canceled check to the credit card company. If an individual used
a credit card and seeks reimbursement from the LCF for the purchases,
then the reimbursement expenditure is reported on the expenditure
form.
[OAC 111-5-14]
The treasurer must obtain receipts for all reimbursements issued in order to verify the legitimacy of
each campaign expense. The underlying documentation for an expenditure may be requested by a
county board of elections or the secretary of state.
Independent Expenditures
An independent expenditure is one that is made in support of or in opposition to either a candidate
or a ballot issue without the consent of, and not in coordination, cooperation or consultation with,
or at the request of or suggestion of, the candidate or ballot issue. Such expenditures are reported by
the entity that makes them, but not by the benefited committee.
[R.C. 3517.01(B)(17), 3517.105; OAC 111-3-02, 111-3-03]
Receipts
Every expenditure in excess of $25 must have a corresponding canceled check or receipt photocopy
attached to the report. A paid receipt is one that has been marked “PAID” by the vendor. If canceled
checks are not returned or provided by the banking institution of the LCF, a copy or printout of the
campaign committee’s bank account will suffice for the receipt requirement so long as the name of
the vendor, date of transaction and amount of the expenditure are all provided.
[R.C. 3517.10(D); OAC 111-5-14; OEC Advs. 87ELC-03 and 87ELC-12]
REPORTING
Disclosure of campaign finance activity is a crucial element in monitoring compliance with and
effectiveness of Ohio’s campaign finance laws and regulations. When a report is filed, it must be a
full, true and itemized accounting of contributions and expenditures for the reporting period.
Fund-Raiser Exemption
Individual contributions totaling $25 or less per person received at a specific fund-raising activity do
not need to be itemized (listed by person) within a report. These contributions should be reported as
a single line item with an aggregate amount on form 31-E, Statement of Contributions Received at a
Social or Fund-Raising Event. Also, in-kind contributions totaling $300 or less from one contributor
at a single fund-raising activity need not be itemized. These contributions should be reported as
a single line item with an aggregate amount on form 31-J-1, Statement of In-kind Contributions
Received. However, in both instances, the treasurer is responsible for keeping itemized records of
any of these contributions, in case such records are requested by the secretary of state.
[R.C. 3517.10(B)(4)(e)]
Record Retention
LCFs must keep their records for six years. The secretary of state must also keep all paper reports
filed with them for six years. The secretary of state must keep all reports filed by electronic means of
transmission for six years.
[R.C. 3517.10(D), 3517.106 (D); OAC 111-5-14]
Excess Funds
The amount of contributions that may be retained after the general election by an LCF is limited to
$193,154.741. Excess amounts are determined as of the close of business on the seventh day before
the post-general election statement is filed. Any excess money retained by an LCF must be disposed
of within 90 days after the filing of the post-general election campaign finance report. The excess
money can be given to either the Ohio Elections Commission fund, individual contributors up to
the amount of their contribution, or certain 501(c) nonprofit corporations. The LCF must file a report
on the 90th day disclosing its balance on hand at the close of business on the seventh day before
the post-general election statement is filed, and attesting that the excess funds were disposed of
according to law, and any other information required by the secretary of state.
[R.C. 3517.102(E)]
1
This amount is valid until February 25, 2011. All amounts specified in R.C. 3517.102 are adjusted for inflation in January
of each odd-numbered year.
[R.C. 3517.104]
ACCOUNT TYPES
A political party may have several basic types of accounts. They include:
»» building account
»» judicial account
Except for a judicial account, each of these accounts requires a separate bank account and
designation of treasurer.
Building Account
Building account funds may be used only for the construction, renovation or purchase of office
facilities that are not used solely for the purpose of influencing the election of any individual
candidate in any particular election for any office. Any person may make a gift to a state or county
political party building account. Funds in a building account must be kept in a separate bank
account because contributions may be accepted directly from corporations doing business in Ohio.
Each corporate gift of money may not exceed 10% of the cost of the construction, renovation or
purchase. The building account fund may not be used for the operating, leasing or rental costs of the
office, only the construction, renovation or purchase of office facilities.
[R.C. 3517.101; OEC Adv. 2000ELC-04]
Restricted Funds
A county or state party shall deposit any funds received from the
Ohio political party fund (also known as tax check off or public funds
money) into its restricted fund. Political parties may also deposit
other funds into this account, including gifts from corporations or
labor organizations, as long as those gifts do not exceed $10,000 per
calendar year.
[R.C. 3517.1012, 3517.13(X)]
A county or state party must report its restricted fund activity at the semiannual and annual reporting
deadlines. A county or state political party restricted fund report must be filed by electronic means
with the secretary of state if the fund has accepted any gifts from a corporation or labor organization.
The secretary of state or the county board of elections review a restricted funds deposit and
disbursement statements to ensure they were filed on time and completed in full. Because some of
the restricted funds could be derived from tax dollars, the auditor of state reviews these reports to
determine that the funds were spent in accordance with law.
[R.C. 3517.1012, 3517.17]
If a county political party affiliated with a county having a population of less than 150,000 does
not establish a state candidate fund, it may still support statewide or general assembly candidates,
but may do so only at a reduced monetary level. Currently, the limitation is $2,848.89 per election
period.
Judicial Account
Although it is not addressed in Title 35 of the Revised Code, a judicial account is an option
available to a political party for the purpose of making one or more contributions to the campaign
committee of a candidate for judicial office. The Ohio Supreme Court has adopted a Code of Judicial
Conduct that governs candidates for judicial office. Pursuant to Rule 4.4 of the Code, the campaign
committee of a judicial candidate is prohibited from receiving a contribution from a political party,
unless the contribution is made from a separate fund established by the political party solely to
receive donations for judicial candidates.
For more information on judicial candidate regulations, including access to read or download the
Code of Judicial Conduct, please visit the Ohio Supreme Court’s Web site:
www.supremecourt.ohio.gov/Judiciary/candidates
Levin Account
A Levin account is a fund that only a state political party may establish. Levin account funds may be
used for voter registration, voter identification, get-out-the-vote or generic campaign activities that
would not otherwise be considered a contribution or expenditure. Levin account funds may not be
used to influence the election of any individual candidate. Corporations or labor organizations may
make a gift to a Levin account not to exceed $10,000 per calendar year and only in years in which
a candidate for federal office will appear on the ballot. Levin account activity is reported at the
semiannual and annual reporting deadlines. These reports must be filed by electronic means with the
secretary of state.
[R.C. 3517.1013]
Filing dates refer to the date that the report is received by the county boards of elections or the
secretary of state, not the postmark date.
A post-election report is due by 4:00 p.m., 38 days after the election if the party had activity to
influence that election between the time the last report was filed and the 31st day after the election.
[R.C. 3517.10(A)(2)]
A semiannual report is due by 4:00 p.m. on the last business day of July if the party was not required
to file a report after the immediately preceding primary election. It should cover the time period
since the last report through the last day of June. A semiannual report should only reflect the activity
that has occurred since the last report was filed.
[R.C. 3517.10(A)(4)]
An annual report is due by 4:00 p.m. on the last business day of January if the party was not required
to file a report after the immediately preceding November election. It should cover the time period
since the last report through the last day of December. An annual report should reflect only the
activity that has occurred since the last report was filed.
[R.C. 3517.10(A)(3)]
The restricted funds (formerly public funds), Levin accounts and building fund reports are filed only
as semiannual and annual reports.
[R.C. 3517.10(A), 3517.101, 3517.102, 3517.103, 3517.17]
Report Forms
All reporting forms, along with instructions for their use, are available at the secretary of state’s Web
site: www.sos.state.oh.us
Filers may choose to download the forms and use them for creating reports eligible for filing in
paper form. Filers may choose to create their own forms for use in paper filing, with the approval of
the secretary of state’s office, as long as they are substantially similar to the forms prescribed by the
secretary of state’s office.
[OAC 111-5-11]
Filers seeking the approval of alternative paper forms may direct their request, along with a sample
of each of the alternative forms, to:
GENERAL RULES
Anonymous Contributions
Contributors may not remain anonymous by request. If a donor does not want to be identified, then
the contribution should not be made. However, if an anonymous contribution is received, then
efforts must be made by the party receiving it to identify the donor. If the efforts are unsuccessful,
then the contribution should have an explanation of the circumstances that caused it to be
anonymous and a description of the efforts made to determine the donor’s identity. This information
should appear in the address portion of form 31-A, Statement of Contributions Received.
[R.C. 3517.10 (C)(2)]
Contribution Limits
The amounts that some of the political party funds may contribute or accept are shown on
the contribution limit chart. The limits to statewide or legislative candidates are based on the
contributions having been made to designated state campaign committees. These are, in the case of
the contributions to or from a state political party state candidate fund, a campaign committee of a
statewide candidate, statewide officeholder, candidate for or member of the general assembly.
In the case of contributions to or from a county political party state candidate fund, a designated
state campaign committee is the campaign committee of a statewide candidate, statewide
officeholder, state senate candidate or state house of representatives candidate whose candidacy is to
be submitted to some or all of the electors in that county, or member of the general assembly whose
district contains all or part of that county.
[R.C. 3517.102(A)(9)]
A county political party, or its state candidate fund when required, is only permitted to make
a contribution to a campaign committee of a candidate for the state senate or state house of
representatives when the candidate’s legislative district lies, in whole or in part, within the party’s
county. A county with a population of less than 150,000 that has no state-candidate fund may
make contributions to any statewide candidate or any candidate for the state senate or state house
of representatives whose district lies, in whole or in part, within the party’s county in the amount of
$2,848.891 per election period.
[R.C. 3517.102 (A)(9), (B)(6)]
Contributions that appear questionable may be deposited, but not spent. The treasurer must make a
good-faith effort to determine the legality of the contribution. If, within 30 days of receipt, it cannot
be determined that the contribution is legal, it must be returned.
If a contribution is kept that is later found to be illegal, then the political party fund must refund it
within 10 days of the discovery.
[OAC 111-5-12]
Partnerships/Unincorporated Associations
Contributions received from partnerships or unincorporated associations must reflect both the name
of the entity and the individual making the contribution. Incorporated professional associations
and limited liability companies are considered unincorporated associations or, if applicable,
partnerships. Contributions may be transmitted by these entities but must include, at the time of the
distribution, detailed information on the allocation of the contribution amount among the owners
or partners of the unincorporated association or partnership. No contribution from a partnership
or other unincorporated business may be accepted, deposited or used unless the recipient has the
allocation information necessary to itemize the contribution by the partner(s), owner(s) or member(s).
[R.C. 3517.10(I); OAC 111-5-20; OEC Adv. 96ELC-03]
1
This amount is valid until February 25, 2011. All amounts specified in R.C. 3517.102 are adjusted for inflation in January
of each odd-numbered year.
[R.C. 3517.104]
Employer/Occupation Disclosure
When a state or county political party is required to file its campaign finance report by electronic
means, the party is also required to provide the employer information for all contributions greater
than $100 received from individuals. If the individual is self-employed, then the occupation and
name of the business, if any, must also be disclosed.
Independent Expenditures
Any expenditure by a political party for the purpose of financing communications advocating the
election or defeat of a candidate for judicial office should be reported by the political party as an
independent expenditure on form 31-U and not as an in-kind contribution made.
[R.C. 3517.105(D)]
Expenditure Verification
Every expenditure in excess of $25 must have a
The 3 primary
corresponding canceled check or receipt photocopy
pieces of data attached to the report. A paid receipt is one that has been
needed to meet marked “PAID” by the vendor. In addition, the secretary
the expenditure of state or the county board of elections may request a log
verification are: for certain items, such as mileage reimbursements, so that
the expenditure and its appropriateness may be verified.
»» Name of payee If canceled checks are not returned or provided by the
banking institution of the political party, a copy or printout
»» Date of expenditure of the political party’s bank statements will suffice for the
receipt requirement so long as the name of the vendor,
»» Amount of expenditure date of transaction and amount of the expenditure are all
provided. Additionally, printouts of cancelled check images
as provided by the political party’s banking institution satisfy
the expenditure verification requirement.
[R.C. 3517.10(D); OAC 111-5-14; OEC Advs. 87ELC-03 and 87ELC-12]
Record Retention
Committees must keep their records for six years. The boards of elections and the secretary of state
must also keep all reports filed with them for six years. This requirement includes all bank records
(including deposit records), reports, amendments, correspondence, receipts, logs, invoices and
notices.
[R.C. 3517.10(C), (D); OAC 111-5-14]
Closing an Account
A political party account must have a zero balance, no outstanding debts and no outstanding loans
before it can terminate. When these criteria have been met, a committee must file a final report.
This report should list all activity, if any, that has occurred since the previous report. The termination
box must also be marked when the committee wants to terminate. There is no separate form for
terminating.
[R.C. 3517.10(A)]
Because the Restricted Fund must be established to receive and use monies from the Ohio political
party fund (also known as tax check off or public funds money), it is unlikely a political party can
terminate its Restricted Fund.
A PAC does not include candidate committees, legislative campaign funds, political parties, political
contributing entities or political clubs.
To determine whether a purpose is a primary or major purpose, the following should be considered:
»» Whether the combination of two or more persons receives money or any other thing of value
in a common account for the specific purpose of supporting or opposing any candidate,
political party, legislative campaign fund, political action committee, political contributing
entity or ballot issue.
»» Whether the combination of two or more persons has or will make a continuing pattern of
expenditures from a common account to support or oppose any candidate, political party,
legislative campaign fund, political action committee, political contributing entity or ballot
issue.
»» Whether the combination of two or more persons constitutes an entity that was not in
existence prior to supporting or opposing any candidate, political party, legislative campaign
fund, political action committee, political contributing entity or ballot issue.
»» Whether the total dollar value of the combination of two or more persons’ activity described
in the above paragraphs during a calendar year exceeds $100.
[R.C. 3517.01(B)(8); OAC 111-1-02(K)(1)]
A “combination of two or more persons” does not include persons making separate individual
contributions to the same campaign committee, political party or other entity.
[OAC 111-1-02 (K)(2)]
TYPES OF PACS
Corporate PACs
A corporation may sponsor a PAC and pay its administrative, establishment or solicitation costs.
Corporations may not give and a corporate PAC may not accept money or property from the
corporation for use by the corporate sponsored PAC in supporting or opposing candidates or
another partisan political purpose. The Ohio Administrative Code gives detailed information on
corporate PAC activity, including reporting and disclosure requirements; corporate payments of
the administrative, establishment and solicitation expenses of its PAC; social and fund raising
requirements; permitted communications between the corporation and its PAC; and prohibited uses
of corporate money or property.
[R.C. 3517.082, 3599.03; OAC 111-4-01 through 111-4-08]
The campaign committees of a candidate for federal office wishing to make expenditures to Ohio
non-federal candidate committees, Ohio PACs or Ohio PCEs, legislative campaign funds, state
political party funds or county political party funds must first register as an FSL PAC before making
such expenditures. The PAC is then subject to the reporting requirements and contributions limits of
any other FSL PAC.
[R.C. 3517.107; OAC 111-1-08]
If an FSL makes a contribution during a calendar year from its federal account in connection with a
state or local election in Ohio to an affiliated state or local PAC, then the FSL must file form 31-R,
Ohio Residents Receipt Report with the secretary of state by the last business day in January of the
next calendar year. The statement shall list the name(s) and addresses of each contributor residing
in Ohio that made contributions to the FSL during the calendar year covered by the statement. The
statement shall also list the aggregate amount of each contributor’s contribution received during that
calendar year.
This information is not intended to address federal filing and disclosure requirements as enforced by
the Federal Election Commission (FEC). Contact the FEC for additional federal filing information. The
phone numbers for the FEC are (800) 424-9530 and (202) 694-1000. The FEC Web site is:
www.FEC.gov
Labor organizations may also operate as a political contributing entity, or PCE. For more information,
see Chapter 7, Political Contributing Entities.
Non-Ohio PACs
Any non-Ohio PAC wishing to receive contributions and
make expenditures to influence state or local elections in A non-Ohio, non-
Ohio and that is not registered with the Federal Election federal political
Commission must comply with Ohio laws and rules action committee
regulating PACs. Therefore, prior to receiving contributions cannot transfer,
or making expenditures, the entity must file form 30-D,
or “bring in”,
Designation of Treasurer. Contributions raised prior to the
filing of the Designation of Treasurer may not be transferred contributions which
into the Ohio-registered PAC. Similar to any other Ohio PAC, were not raised
expenditures made to influence Ohio state or local elections under Ohio law.
must be itemized on form 31-B, Statement of Expenditures.
Expenditures made to influence elections outside of Ohio do
not need to be itemized. These expenditures may be listed on the Statement of Expenditures under
the label, “Non-Ohio Activity” with a lump sum aggregate amount. Copies of canceled checks or
paid receipts for Ohio-related expenditures over $25 must be provided. Any campaign committee,
political action committee, political contributing entity, legislative campaign fund or political party
that receives a contribution from a non-Ohio PAC prior to the entity’s filing of a Designation of
Treasurer shall be required to return the contribution to the non-Ohio PAC.
[R.C. 3517.10(D); OAC 111-5-03; OEC Adv. 2006ELC-03]
Political Clubs
A political club is not a PAC, and is not required to file a Designation of Treasurer or campaign
finance reports. A political club is formed primarily for social purposes and that consists of one
hundred members or less, has officers and periodic meetings, has less than $2,500 in its treasury at
all times and makes an aggregate total contribution of $1,000 or less per calendar year. Please see
Chapter 1, Definitions, for more information.
[R.C. 3517.01(B)(8)(b)]
What to Do First
Before receiving contributions or making expenditures, a Political Action Committee (PAC) must file
form 30-D, Designation of Treasurer. This form is considered a “registration” form. It includes basic
information such as the treasurer’s name and address and the name of the PAC.
PACs organized only to support or oppose a ballot issue should refer to Chapter 8, Ballot Issue
Committees.
The PAC’s name must include the name of its sponsoring organization, if any. PAC checks must
contain the full name and address of the PAC, and, if the PAC files with the secretary of state, then it
must also include its assigned registration number.
[R.C. 3517.10 (D) and (E); OAC 111-1-04]
Bank Account
A PAC must establish a bank account that is separate from a personal or business account of the
candidate or of a member of the candidate’s campaign committee. All monetary contributions
received must be deposited into this account. Contributions may not be placed in a candidate’s
personal or business account. All expenses paid from this account must be disclosed.
[R.C. 3517.10]
A federal identification number may be required by the committee’s chosen financial institution. This
number is issued by the Internal Revenue Service upon request.
With the exception of PACs that are registered with the Federal Election Commission in Washington,
D.C., PACs file their reports in only one location. PACs that want to spend money in regard to federal
elections should contact the Federal Election Commission for its requirements. If a PAC wishes to
engage in both federal and non-federal activity, see the federal PAC section later in this chapter.
A PAC that must change its place of filing does so by first filing a new form 30-D, Designation of
Treasurer. The original form should be filed with the new place of filing. A photocopy should be sent
to the prior place of filing with a notation or letter clearly indicating that the photocopied form is
intended as a termination.
A PAC raises $25,000 and spends $400 in a pre-election period. None of the
expenditure activity went to support or oppose any candidate or issue on that
election’s ballot. Because the PAC had no activity to influence the result of the
election, a pre-election report is not due.
A post-election report is due by 4:00 p.m. 38 days after the election if the PAC received
contributions or made expenditures to influence that election between the time the last report was
filed and the 31st day after the election.
Examples:
A PAC raises $500 and spends $25 in a post-election period. The PAC made a
$25 contribution to a campaign committee whose candidate appeared on that
election’s ballot. Because the PAC made an expenditure to influence the election,
the PAC must file a post-election report.
A PAC raises $40,000 and spends $1,400 in the combined pre- and post-election
reporting periods. None of the PAC’s expenditure activity in both the pre-election
and post-election reporting periods have been to campaign committees whose
candidate appeared on the ballot or to issues appearing on the ballot. Therefore,
because the PAC had no ballot-related activity, neither a pre-election nor a post-
election report is due.
A semiannual report is due by 4:00 p.m. on the last business day of July if the PAC was not required
to file a report after the immediately preceding primary election. It should cover the time period
since the last report through the last day of June. A semiannual report should only reflect the activity
that has occurred since the last report was filed.
[R.C. 3517.10(A)(4)]
An annual report is due by 4:00 p.m. on the last business day of January if the PAC was not required
to file a report after the immediately preceding November election. It should cover the time period
since the last-filed report and through the last day of December. An annual report should reflect only
the activity that has occurred since the last previous report was filed.
[R.C. 3517.10(A)(3); OAC 111-5-04]
The rules described in the pre-election and post-election sections above apply regardless of when
an election is held. For example, a PAC may have activity in regard to a special election in February,
a statewide primary in May, or a municipal primary, pursuant to a municipal charter, at a different
time. Any of these elections may, based on the PAC’s activity, trigger the “12-day before” or “38-day
after” rule.
The purpose of a contribution to the PAC or the use of that contribution are the keys to determining
whether a report will be required. The need for pre- and post-election reports will be determined
by whether the PAC will be using the contribution to influence a particular election. Making a
contribution to a political party generally means that the contribution will be used to influence
whatever election is imminent.
[R.C. 3517.01(B)(5), (6)]
If a required report is filed late, then the county board of elections or the secretary of state must refer
the PAC to the Ohio Elections Commission. The commission determines if a fine should be imposed.
[R.C. 3517.11]
Report Forms
All reporting forms, along with instructions for their use, are available at the secretary of state’s Web
site: www.sos.state.oh.us
Filers may choose to download the forms and use them for creating reports eligible for filing in
paper form. Filers may choose to create their own forms for use in paper filing, with the approval of
the secretary of state’s office, as long as they are substantially similar to the forms prescribed by the
secretary of state’s office.
[OAC 111-5-11]
Filers seeking the approval of alternative paper forms may direct their request, along with a sample
of each of the alternative forms to:
GENERAL RULES
Sponsors
The sponsor of a PAC is the organization that establishes or gives
administrative support to the PAC. PACs sponsored by corporations should
see the section on corporate PACs for more information. PACs sponsored
by labor organizations should see the section on labor organization PACs
for more information. More information regarding what a corporation or
labor organization may do on behalf of its sponsored PAC can be found in
Chapter 9, Corporations and Labor Organizations.
[R.C. 3517.082; OAC 111-04-01 through 111-4-08]
Membership
Membership in a PAC is determined by the rules and bylaws of the PAC.
In determining whether a PAC meets the qualifications of a “Limited PAC”
for the purpose of special disclaimer rules, see Chapter 12, Disclaimers.
A “member” for the purpose of the disclaimer requirements is defined as
anyone who makes one or more contributions to the PAC.
[R.C. 3517.105, 3517.20; O.A.C 111-1-02]
Registration Number
All statewide PACs are issued a registration number by the secretary of state. Every report submitted
and every check issued by a statewide PAC should bear the registration number of the PAC issuing
the check or filing the report.
[R.C. 3517.10(D)(1)]
Checks
Any check that a PAC uses to make a contribution or to make an expenditure must contain the full
name and address of the committee. If the PAC files with the secretary of state, then it must also
include its assigned registration number.
[R.C. 3517.10(E)(4)]
Anonymous Contributions
Contributors may not remain anonymous by request. If a donor does not want to be identified, then
the contribution should not be made. However, if an anonymous contribution is received, then
efforts must be made by the PAC receiving it to identify the donor. If the efforts are unsuccessful, then
the contribution should have an explanation of the circumstances that caused it to be anonymous
and a description of the efforts made to determine the donor’s identity. This information should
appear in the address portion of form 31-A, Statement of Contributions.
[R.C. 3517.10 (C)(2)]
Contribution Limits
The amounts that PACs may contribute or accept is shown on the contribution limit chart.
Contributions from one PAC to an affiliated PAC are not subject to contribution limits. However,
contributions made from affiliated PACs are considered to have been made from a single PAC.
[R.C. 3517.102]
In-Kind Contributions
An in-kind contribution is a non-monetary contribution of goods or services that was made with
the consent of, in coordination or cooperation with, or at the request or suggestion of the benefited
PAC. Examples include receiving postage or signs, receiving rent-free office space, having personnel
assistance compensated by a third party, or having a third party buy media advertising on behalf of
the PAC.
[R.C. 3517.01(B)(16)]
Partnerships/Unincorporated Associations
Contributions received from partnerships or unincorporated associations must reflect both the name
of the entity and the individual making the contribution. Incorporated professional associations
and limited liability companies are considered unincorporated associations or, if applicable,
partnerships. Contributions may be transmitted by these entities but must include, at the time of the
distribution, detailed information on the allocation of the contribution amount among the owners
or partners of the unincorporated association or partnership. No contribution from a partnership
or other unincorporated business may be accepted, deposited or used unless the recipient has the
allocation information necessary to itemize the contribution by the partner(s), owner(s) or member(s).
[R.C. 3517.10(I); OAC 111-5-20; OEC Adv. 96ELC-03]
Contributions that appear questionable may be deposited, but not spent. The treasurer must make a
good-faith effort to determine the legality of the contribution. If, within 30 days of receipt, it cannot
be determined that the contribution is legal, then it must be returned. If a contribution is kept that is
later found to be illegal, then the PAC must refund it within 10 days of the discovery.
[OAC 111-5-12]
EXPENDITURES
Independent Expenditures
An independent expenditure is an expenditure that is made in support of or in opposition to either
a candidate or a ballot issue without the consent of, and not in coordination, cooperation or
consultation with, or at the request or suggestion of the candidate or ballot issue. Such expenditures
are reported by the PAC that makes them, but not by the benefited committee.
[R.C. 3517.01(B)(17), 3517.105; OAC 111-3-02, 111-3-03]
No person may convert for personal or business use anything of value from a PAC’s funds.
[R.C. 3517.13(O)]
PACs may not make any refund of any contribution unless the purpose is to refund a contribution in
excess of the applicable contribution limit or to refund a contribution that has been determined to be
illegal.
[OEC Adv. 99ELC-03]
Expenditure Verification
Every expenditure in excess of $25 must have a The 3 primary
corresponding canceled check or receipt photocopy pieces of data
attached to the report. A paid receipt is one that has been
needed to meet
marked “PAID” by the vendor. In addition, the secretary
of state or the county board of elections may request a log the expenditure
for certain items, such as mileage reimbursements, so that verification are:
the expenditure and its appropriateness may be verified.
If canceled checks are not returned or provided by the »» Name of payee
banking institution of the PAC, a copy or printout of the
campaign committee’s bank statements will suffice for the »» Date of expenditure
receipt requirement so long as the name of the vendor,
date of transaction and amount of the expenditure are all »» Amount of expenditure
provided. Additionally, printouts of cancelled check images
as provided by the PAC’s banking institution satisfy the
expenditure verification requirement.
[R.C. 3517.10(D); OAC 111-5-14; OEC Advs. 87ELC-03 and 87ELC-12]
REPORTING
When an auditing authority requests additional information or a correction to a report, the PAC has
21 days to provide the information or correction.
[R.C. 3517.11(B)]
Fund-Raiser Exemption
A political action committee must report the name, address, date and amount for each contribution
received. This detail must be provided with each report filed. One exception to that rule is that
contributions totaling $25 or less received at a specific fund-raising activity do not need to be
itemized within a report. These contributions should be reported as a single line item with an
aggregate amount on form 31-E, Statement of Contributions Received at a Social or Fund-Raising
Event. Also, in-kind contributions totaling $300 or less from one contributor at a single fund-raising
activity need not be itemized. These contributions should be reported as a single line item with an
aggregate amount on form 31-J-1, Statement of In-kind Contributions Received. However, in both
instances, the treasurer is responsible for keeping itemized records of the contribution, in case such
records are requested by the auditing authority.
[R.C. 3517.10(B)(4)(e)]
When a PAC files a report, it must include all contributions received during that reporting period.
When a PAC receives contributions via payroll deduction, the PAC is only responsible for reporting
contributions that it has actually received during that reporting period. As an example, contributions
that were deducted from the contributor’s pay during the Pre-Primary reporting period, but which
are not be received by the PAC until the Post- Primary reporting period, do not need to be included
in the Pre-Primary report. That information may be reported in the Post-Primary report. The date the
PAC received the check containing the contributions would be used to determine in which report the
data should be included.
Record Retention
The trend in
PACs must keep their records for six years. The boards of banking practices
elections and the secretary of state must also keep all reports
is moving away from
filed with them for six years. This requirement includes
all bank records (including deposit records), reports, mailing a paper
amendments, correspondence, receipts, invoices and copy of statements
notices. and other account
[R.C. 3517.10(C), (D); OAC 111-5-14] information.
Treasurer’s should
Closing the Committee download and save
bank statements and
With the exception of federal committees, including FSL, copies (images) of
and non-Ohio committees, a PAC must have a zero balance, canceled checks each
no outstanding debts and no outstanding loans before it
may terminate. When these criteria have been met, the PAC
month.
must file a final report. This report should list all activity,
if any, that has occurred since the previous report. The
termination box must also be marked when the PAC desires to terminate. There is no separate form
for terminating.
When a federal committee, including a FSL, that makes Ohio non-federal disbursements or a
statewide non-Ohio PAC wishes to terminate, a letter stating that intent is sufficient. The zero
balance is not required in such cases if the PAC indicates that it will engage henceforth only in
activity outside of Ohio.
A PAC that is not terminating, but is changing its place of filing, should refer to the last paragraph in
Where to File Reports.
[R.C. 3517.10]
Chapter 7: Political
Contributing Entities
This page intentionally left blank.
Chapter 7: Political Contributing Entities
What to Do First
Before receiving contributions or making expenditures, form 30-D, Designation of Treasurer
must be filed. This form is considered a “registration” form. It includes basic information such as
the treasurer’s name and address and the name of the PCE. PCEs formed for the sole purpose of
supporting or opposing ballot issues should refer to Chapter 8, Ballot Issue Committees.
[R.C. 3517.10(D)(1)]
A PCE that must change its place of filing does so by first filing a new Designation of Treasurer form.
The original form should be filed with the new place of filing. A photocopy should be sent to the
prior place of filing with a notation or letter clearly indicating that the photocopied form is intended
as a termination.
A PCE raises $25,000 and spends $400 in a pre-election period. None of the
expenditure activity went to support or oppose any candidate or issue on that
election’s ballot. Because the PCE had no activity to influence the result of the
election, a pre-election report is not due.
A post-election report is due by 4:00 p.m. 38 days after the election if the PCE received
contributions or made expenditures to influence that election between the time the last report was
filed and the 31st day after the election
[R.C. 3517.10(A)(2); OAC 111-5-04]
Examples:
A PCE raises $800 and spends $65 in a post-election period. The PCE made a
$65 contribution to a campaign committee whose candidate appeared on that
election’s ballot. Because the PCE made an expenditure to influence the election,
the PCE must file a post-election report.
A PCE raises $40,000 and spends $1,400 in the combined pre- and post-election
reporting periods. None of the PCE’s expenditure activity in either the pre-election
or post-election reporting periods have been to campaign committees whose
candidate appeared on the ballot or to issues appearing on the ballot. Therefore,
because the PCE had no ballot-related activity, neither a pre-election nor a post-
election report is due.
A semiannual report is due by 4:00 p.m. on the last business day of July if the PCE was not required
to file a report after the immediately preceding primary election. It should cover the time period
since the last report through the last day of June. A semiannual report should only reflect the activity
that has occurred since the last report was filed.
[R.C. 3517.10(A)(4)]
An annual report is due by 4:00 p.m. on the last business day of January if the PCE was not required
to file a report after the immediately preceding November election. It should cover the time period
since the last filed report and through the last day of December. An annual report should reflect only
the activity that has occurred since the last report was filed.
[R.C. 3517.10(A)(3); OAC 111-5-04]
The rules described in the pre-election and post-election sections above apply regardless of when
the election is held. For example, a PCE may have activity in regard to a special election in February,
a statewide primary in May, or municipal primary pursuant to a municipal charter at a different time.
Any of these elections may, based on the PCE’s activity, trigger the “12-day before” or “38-day after”
rule.
The purpose of a contribution to the PCE or the PCE’s use of a contribution are the keys to
determining when a report will be required. The need for pre- and post-election reports will be
determined by whether the PCE received contributions and/or used its contributions to influence a
particular election. Making a contribution to a political party generally means that the contribution
will be used to influence whatever election is imminent.
[R.C. 3517.01(B)(5), (6)]
If a required report is filed late, then the board of elections or the secretary of state must refer the
matter to the Ohio Elections Commission. The commission determines if a fine should be imposed.
[R.C. 3517.11]
Report Forms
All reporting forms, along with instructions for their use, are
available at the secretary of state’s Web site: www.sos.state.oh.us
Filers may choose to download the forms and use them for
creating reports eligible for filing in paper form. Filers may choose
to create their own forms for use in paper filing, with the approval
of the secretary of state’s office, as long as they are substantially
similar to the forms prescribed by the secretary of state’s office.
[OAC 111-5-11]
Filers seeking the approval of alternative paper forms may direct
their request, along with a sample of each of the alternative forms
to:
OHIO SECRETARY OF STATE
CAMPAIGN FINANCE DIVISION
180 E. BROAD ST., 15TH FLOOR
COLUMBUS, OH 43215
GENERAL RULES
Affiliation
A PCE is affiliated with another PCE or PAC if they are both established, financed, maintained or
controlled by, or if they are, the same corporation, organization, labor organization, continuing
association or other person, including any parent, subsidiary, division or department of that
corporation, organization, labor organization, continuing association or other person.
[R.C. 3517.102(D); OAC 111-1-02(H)]
CONTRIBUTIONS
Generally speaking, the value of all contributions received by a campaign committee must be
disclosed. With the exception of those received at a fundraising event, all contributions must be
separately itemized. The primary elements for complete disclosure of a contribution are the name
and address of each contributor as well as the date and amount of each contribution.
Anonymous Contributions
Contributors may not remain anonymous by request. If a donor does not want to be identified, then
the contribution should not be made. However, if an anonymous contribution is received, then
efforts must be made by the PCE receiving it to identify the donor. If the efforts are unsuccessful, then
the contribution should have an explanation of the circumstances that caused it to be anonymous
and a description of the efforts made to determine the donor’s identity. This information should
appear in the address portion of form 31-A, Statement of Contributions Received.
[R.C. 3517.10 (C)(2)]
Contribution Limits
The amounts that PCEs may contribute or accept are shown
on the contribution limit chart. Contributions from one PCE to
another PCE or PAC affiliated with it are not subject to limits.
Contributions made from two or more PCEs that are affiliated
are considered to have been made from a single PCE. However, expenditures made by a PCE that
declares affiliation with a PAC are not combined with that PAC for the purpose of determining
contribution limits.
[R.C. 3517.102]
Minors
Political Contributing Entities are prohibited from knowingly accepting contributions from any
individual under the age of seven.
[R.C. 3517.102 (C)(7)(a)]
Partnerships/Unincorporated Associations
Contributions received from partnerships or unincorporated associations must reflect both the name
of the entity and the individual(s) making the contribution. Incorporated professional associations
and limited liability companies are considered unincorporated associations or, if applicable,
partnerships. Contributions may be transmitted by these entities but must include, at the time of the
distribution, detailed information on the allocation of the contribution amount among the owners
or partners of the unincorporated association or partnership. No contribution from a partnership
or other unincorporated business may be accepted, deposited or used unless the recipient has the
allocation information necessary to itemize the contribution by the partner(s), owner(s) or member(s).
[R.C. 3517.10(I); OAC 111-5-20; OEC Adv. 96ELC-03]
In-Kind Contributions
An in-kind contribution is a non-monetary contribution of goods or services that was made with
the consent of, in coordination or cooperation with, or at the request or suggestion of the benefited
PCE. Examples include receiving postage or signs, receiving rent-free office space, having personnel
assistance compensated by a third party, or having a third party buy media advertising on behalf of
the PCE.
[R.C. 3517.01(B)(16)]
EXPENDITURES
Independent Expenditures
An independent expenditure is an expenditure that is made in support of or in opposition to either
a candidate or a ballot issue without the consent of, and not in coordination, cooperation or
consultation with, or at the request or suggestion of, the candidate or ballot issue. Such expenditures
are reported by the PCE that makes them, but not by the benefited committee.
[R.C. 3517.01(B)(17), 3517.105; OAC 111-3-02, 111-3-03]
No person may convert for personal or business use anything of value from a PAC’s funds.
[R.C. 3517.13(O)]
PCEs may not make any refund of any contribution unless the purpose is to refund a contribution in
excess of the applicable contribution limit or to refund a contribution that has been determined to be
illegal.
[OEC Adv. 99-ELC-03]
Expenditure Verification
The three
Every expenditure in excess of $25 must have a primary pieces of
corresponding canceled check or receipt photocopy
data needed to meet
attached to the report. A paid receipt is one that has been
marked “PAID” by the vendor. In addition, the secretary the expenditure
of state or the county board of elections may request a log verification are:
for certain items, such as mileage reimbursements, so that
the expenditure and its appropriateness may be verified. »» Name of payee
If canceled checks are not returned or provided by the
banking institution of the PCE, a copy or printout of the »» Date of expenditure
campaign committee’s bank statements will suffice for the
receipt requirement so long as the name of the vendor, »» Amount of expenditure
date of transaction and amount of the expenditure are all
provided. Additionally, printouts of cancelled check images
as provided by the PCE’s banking institution satisfy the expenditure verification requirement.
[R.C. 3517.10(D); OAC 111-5-14; OEC Advs. 87ELC-03 and 87ELC-12]
REPORTING
If a PCE makes an expenditure from the proceeds of dues monies, there are two ways that activity
can be reported. A labor organization may use either method based on its preferences and needs.
A PCE may set up a separate bank account or it can make expenditures directly from the labor
organization’s general fund. If a separate bank account is established, then all contributions into
and all expenditures out of that account will be reported. The Balance on Hand (line 6) of the last
report will be transferred to the Amount Brought Forward (line 1) of the next report. However, if the
PCE makes expenditures out of the labor organization’s general fund, then it is acceptable in each
report to show only contributions in a sufficient amount to cover the expenditures made during the
reporting period. In this report, both the Amount Brought Forward and the Balance on Hand would
be zero. A PCE should report contributions received from the dues or other assessments under the
description “Proceeds from Dues Funds,” along with the date and amount of each contribution.
When an auditing authority requests additional information or a correction to a report, the PCE has
21 days to provide the information or correction.
[R.C. 3517.11(B)]
Fund-Raiser Exemption
Voluntary contributions, totaling $25 or less, received at a specific fund-raising event do not need
to be itemized within a report. These contributions should be reported as a single line item with an
aggregate amount on form 31-E, Statement of Contributions Received at a Social or Fund-Raising
Event. Also, in-kind contributions totaling $300 or less from one contributor at a single fund-raising
event need not be itemized. These contributions should be reported as a single line item with an
aggregate amount on form 31-J-1, Statement of In-kind Contributions Received. However, in both
instances, the treasurer is responsible for keeping itemized records of the contribution in case such
records are requested by the auditing authority.
[R.C. 3517.10(B)(4)(e)]
Record Retention
The trend in PCEs must keep their records for six years. The boards of
banking practices elections and the secretary of state must also keep all reports
is moving away from filed with them for six years. This requirement includes
all bank records (including deposit records), reports,
mailing a paper
amendments, correspondence, receipts, invoices and
copy of statements notices.
and other account
[R.C. 3517.10(C), (D); OAC 111-5-14]
information.
Treasurer’s should
download and save Closing the PCE
bank statements and A PCE must have a zero balance, no outstanding debts
copies (images) of and no outstanding loans before it may terminate. When
canceled checks each these criteria have been met, a PCE must file a final report.
month. This report should list all activity, if any, that has occurred
since the previous report. The termination box must also be
marked when the committee desires to terminate. There is no
separate form for terminating.
What to Do First
A ballot issue committee must file form 30-D, Designation of Treasurer, prior to receiving any
contributions or making any expenditures. This form is considered a “registration” form. It includes
basic information such as the name and address of the ballot issue committee, the treasurer and any
deputy treasurers.
[R.C. 3517.10 (D)]
The purpose of a contribution to a ballot issue committee and the committee’s use of its
contributions are the key to determining when a report will be required. The need for pre- and post-
election reports will be determined by whether the ballot issue committee received contributions
and/or used its contributions to influence a particular election. The need to file a pre- or post-
election report exists only when the ballot issue committee receives contributions and/or makes
expenditures to support or oppose an issue appearing on a ballot.
[R.C. 3517.10, 3517.01(B)(5)]
A post-election report is due by 4:00 p.m. 38 days after the election, if the ballot issue committee
received contributions or made expenditures to influence a ballot issue in that election between the
time the last report was filed and the 31st day after the election.
[R.C. 3517.10(A)(2)]
A semiannual report is due by 4:00 p.m. on the last business day of July if the ballot issue committee
was not required to file a report after the immediately preceding primary election. It should cover the
time period since the last report through the last day of June. A semiannual report should only reflect
the activity that has occurred since the last report was filed.
[R.C. 3517.10(A)(4)]
An annual report is due by 4:00 p.m. on the last business day of January if the ballot issue committee
was not required to file a post-election report after the immediately preceding general election. The
annual report must cover the time period since the last report through the last day of December. The
report should reflect only activity that occurred since the last previous report was filed.
[R.C. 3517.10(A)(3)]
The rules described above for pre- and post-election reports apply regardless of when an election is
held. In addition to the regularly scheduled statewide primary and general elections, a ballot issue
may appear on a special election ballot. Therefore, if an issue for which a committee is formed
appears on a special election ballot, the pre-election and post-election filing requirements exist at
the 12 days prior and 38 days after deadlines, respectively.
If a required report is filed late, then the county board of elections or the secretary of state must
refer the matter to the Ohio Elections Commission. The commission determines if a fine should be
imposed.
[R.C. 3517.11]
Report Forms
All reporting forms, along with instructions for their use, are available at the secretary of state’s Web
site: www.sos.state.oh.us
Filers may choose to download the forms and use them for creating reports eligible for filing in
paper form. Filers may choose to create their own forms for use in paper filing, with the approval of
the secretary of state’s office, as long as they are substantially similar to the forms prescribed by the
secretary of state’s office.
[OAC 111-5-11]
Filers seeking the approval of alternative paper forms may direct their request, along with a sample
of each of the alternative forms to:
GENERAL RULES
Checks
Any check that a ballot issue committee uses to make expenditures
must contain the full name and address of the committee. Additionally,
if the ballot issue committee is assigned a registration number by the
secretary of state, the registration number must also appear on the face
of any committee check.
Circulator Statements
If a person or group of persons circulate petitions in an attempt to place an issue on the statewide
ballot, a Statement of Circulator form must be filed with the secretary of state. The form must be filed
within 30 days after the petitions themselves have been filed.
[R.C. 3517.12]
If a person or group of persons circulate petitions in an attempt to place an issue on the local ballot,
a Statement of Circulator form must filed with the appropriate county board of elections.
[R.C. 731.35]
Disclaimers
For the purpose of disclaimer requirements, a ballot issue committee should follow the same
guidelines as political action committees. See Chapter 12, Disclaimers, for more information
regarding disclaimers.
[R.C. 3517.20]
Registration Number
A ballot issue committee formed to support or oppose a statewide issue or question will be
assigned a registration number by the secretary of state’s office. Every report, check or piece of
correspondence from a statewide ballot issue committee should bear this registration number. A
local ballot issue committee filing reports with a county board of elections does not receive, and is
not required to use, a registration number.
Contributions
Generally speaking, the value of all contributions received by a campaign committee must be
disclosed. With the exception of those received at a fundraising event, all contributions must be
separately itemized. The primary elements for complete disclosure of a contribution are the name
and address of each contributor as well as the date and amount of each contribution.
Contribution Limits
Ballot issue committees are not subject to contribution limits.
[R.C. 3517.102(D)(2)]
Anonymous Contributions
Contributors may not remain anonymous by request. If a donor does not want to be identified,
then the contribution should not be made. However, if an anonymous contribution is received,
then efforts must be made by the committee receiving it to identify the donor. If the efforts are
unsuccessful, then the contribution should have an explanation of the circumstances that caused
it to be anonymous and a description of the efforts made to determine the donor’s identity. This
information should appear in the address portion of form 31-A, Statement of Contributions Received.
[R.C. 3517.10 (C)(2)]
Independent Expenditures
An independent expenditure is one that is made in support of or in opposition to either a candidate
or a ballot issue without the consent of, and not in coordination, cooperation or consultation with,
or at the request or suggestion of the candidate or ballot issue committee. Such expenditures are
reported by the entity that makes them, but not by the benefited committee.
[R.C. 3517.01(B)(17), 3517.105; OAC 111-3-02, 111-3-03]
Campaign Committees, PACs, PCEs, or political parties making independent expenditures in support
of or opposition to a ballot issue or question must complete form 31-U, Independent Expenditures
Made by a Campaign Committee, PAC, Political Party or Legislative Campaign Fund, as part of its
next required campaign finance report.
Individuals, partnerships or other entities making more than $100 in independent expenditures in
support of or opposition to a ballot issue or question must file form 30-E, Independent Expenditures
Made by Individuals, Partnerships or Other Entities. This form must be filed at the county board
of elections if the issue is a city, county, etc. issue or at the secretary of state’s office if the issue is
statewide. No report is required if a total of $100 or less was expended.
In-Kind Contributions
An in-kind contribution is a non-monetary contribution of goods or services that was made with
the consent of, in coordination or cooperation with, or at the request or suggestion of the benefited
ballot issue committee. Examples include receiving postage or signs, receiving rent-free office
space, having personnel assistance compensated by a third party, or having a third party buy media
advertising on behalf of a committee.
[R.C. 3517.01(B)(16)]
Partnerships/Unincorporated Associations
Contributions received from partnerships or unincorporated associations must reflect the name
of that entity, as well as the name of the individual(s) making the contribution. A partnership or
other unincorporated business may use its checking account to transmit a contribution, but the
contribution must be accompanied by detailed information of each partner, owner or member and
their allocated portion of the contribution. The recipient of such a contribution must itemize each
allocated portion according to the information provided. No contribution from a partnership or
other unincorporated business may be accepted, deposited or used unless the ballot issue committee
has the allocation information necessary to itemize the contribution by the partner(s), owner(s) or
member(s).
[R.C. 3517.10(I); OAC 111-5-20; OEC Adv. 96ELC-03]
The term “public employee” does not include any person holding an elective office.
[R.C. 3517.092(F)]
EXPENDITURES
No person may convert for personal or business use anything of value from a PAC’s funds.
[R.C. 3517.13(O)]
Due to the fact that a ballot issue committee may accept contributions that other types of
committees are prohibited from accepting, a ballot issue committee may not make a contribution
to a candidate’s campaign committee, a political party, legislative campaign fund, PCE or a political
action committee.
The question of whether a ballot issue committee may use public property or tax monies to support
or oppose an issue or question should be referred to the prosecutor or auditor of that jurisdiction.
Expenditure Verification
Every expenditure in excess of $25 must have a
corresponding canceled check or receipt photocopy
attached to the report. A paid receipt is one that has been The three
marked “PAID” by the vendor. In addition, the secretary
of state or the county board of elections may request a log
primary pieces of
for certain items, such as mileage reimbursements, so that data needed to meet
the expenditure and its appropriateness may be verified. the expenditure
If canceled checks are not returned or provided by the verification are:
banking institution of the committee, a copy or printout of
the committee’s bank statements will suffice for the receipt »» Name of payee
requirement so long as the name of the vendor, date of
transaction and amount of the expenditure are all provided. »» Date of expenditure
Additionally, printouts of cancelled check images as
provided by the committee’s banking institution satisfy the »» Amount of expenditure
expenditure verification requirement.
[R.C. 3517.10(D); OAC 111-5-14; OEC Advs. 87ELC-03
and 87ELC-12]
Because ballot issue committees may accept direct corporate and labor organization contributions
and are not subject to any limitations, any contributions received by the ballot issue committee
may not be used to support any candidate, political party, political action committee, political
contributing entity or legislative campaign fund. A ballot issue committee may make an expenditure
to another ballot issue committee for the purpose of making a contribution.
REPORTING
Electronic Filing
Any ballot issue committee registered to support or oppose a statewide issue or question must file
its campaign finance report electronically if the committee received contributions over $10,000 or
made expenditures over $10,000 during the reporting period. See Chapter 11, Electronic Filing, for
more information.
Fund-Raiser Exemption
Contributions totaling $25 or less received at a specific fund-raising activity do not need to be
itemized within a report. These contributions should be reported as a single line item with an
aggregate amount on form 31-E, Statement of Contributions Received at a Social or Fund-Raising
Event. Also, in-kind contributions totaling $300 or less from one contributor at a single fund-raising
activity need not be itemized. These contributions should be reported as a single line item with an
aggregate amount on form 31-J-1, Statement of In-Kind Contributions Received. However, in both
instance, the treasurer is responsible for keeping itemized records.
[R.C. 3517.10(B)(4)(e)]
Record Retention
Committees must keep their records for six years. The boards of elections and the secretary of state
must also keep all reports filed with them for six years.
[R.C. 3517.10(C), (D); OAC 111-5-14]
OVERVIEW
»» candidates
Generally, legal professional associations and other professional associations that have incorporated
pursuant to R.C. 1785, as well as limited liability companies(LLCs) established via R.C. 1705, are
not considered “corporations” for campaign finance purposes under R.C. 3599.03 and therefore
are not prohibited from issuing one or more checks for the purpose of making one or more
individual contributions to partisan elections by individuals – partners, owners – associated with the
organization. For reporting purposes, these entities are considered unincorporated businesses or, if
applicable, partnerships.
If the corporation or labor organization uses its money or property to make an independent
expenditure to support or oppose any ballot issue, then it must file Form 30-B-2, Independent
Expenditures from a Corporation or Labor Organization Supporting or Opposing Ballot Issues. This
form must be filed at the county board of elections if the issue is a local issue or at the secretary of
state’s office if the issue is statewide.
[R.C. 3517.105(C)(2)]
Communicating Information
A corporation or labor organization may use its money or property to communicate information
in support of, or in opposition of a political party or candidate for election so long as both of the
following conditions are met:
2. The communication is not made by mass broadcast, such as by radio or television, and is not
made by advertising in a newspaper of general circulation.
Examples of how a corporation or labor organization may communicate this information include:
These communications can include an endorsement of one or more candidates, so long as they
conform to the above conditions and limitations.
Non-partisan Activity
Corporate and labor organization general treasury funds may be used for programs, such as voter
registration drives or debates, that do not promote a particular candidate, PAC or political party.
Nonprofit Corporations
Under campaign finance laws, nonprofit corporations organized
pursuant to R.C. 1702, have the same campaign finance restrictions as
for-profit corporations.
Use of a nonprofit corporation’s money or property for political purposes may or may not impact
the tax exempt status of the nonprofit corporation. Questions related to a nonprofit corporation’s
permitted or prohibited political activities based on the tax exempt status of the corporation should
be directed to the Internal Revenue Service.
Employers may open separate accounts in the name of the employee where the money may be
kept until the employee designates a recipient. All checks forwarded to recipients should clearly
provide the underlying employee contributor’s name, address and amount contributed. Earned
interest cannot be distributed in a manner other than by the employee’s choice or a ratio based
upon the employee’s choice. Recipients of donations aggregating $25 or less in a calendar year from
individuals contributing via this method do not need to itemize the contributor information.
[R.C. 3517.10, 3599.031; OAC 111-5-13]
Sponsoring a PAC
A corporation (profit or nonprofit) or labor organization may sponsor a PAC. Sponsorship is indicated
on the PAC’s Designation of Treasurer. Sponsorship permits the corporation or labor organization to
pay certain establishment, administrative and solicitation expenses on behalf of the sponsored PAC.
Examples of these expenses include attorney fees and computer, copying and bookkeeping costs.
The corporation or labor organization is also permitted to pay certain costs related to the solicitation
of contributions for the sponsored PAC. These expenses must be paid directly by the corporation or
labor organization or be paid into a separate administrative account set up by the PAC. The sponsor
may not reimburse the PAC for these expenses. The sponsored PAC must report these expenses on
form 31-I, Establishment, Administrative and Solicitation Expenses. Corporate expenditures made
to benefit Ohio state or local candidates or political parties are not considered establishment,
administrative or solicitation expenses. See Chapter 6, Political Action Committees, for more
information.
[R.C. 3517.082; OAC 111-4-01 to 111-4-08]
When a PAC is sponsored by a corporation or labor organization, the name of the sponsor must be
included in the name of the PAC.
[OAC 111-1-04]
Building Fund
A corporation or labor organization may use general treasury funds
to make gifts to the building fund of state and county political parties,
as long as the building fund is specifically designated and used to
defray any cost incurred for the construction, renovation, or purchase
of an office facility. If the gift is from a corporation engaged in
business in the state, then the gift may not exceed 10 percent of the
total construction, renovation or purchase cost of a building. Political
parties may set up a separate account called a building fund and may
accept direct corporate gifts for this purpose. Public utilities, however,
are prohibited from making such gifts.
[R.C. 3517.101(B), 3599.03(D)]
Restricted Fund
A corporation or labor organization may also use general treasury funds to make gifts to the
restricted fund of state and county political parties. These gifts are limited to $10,000 per restricted
fund per calendar year. The restricted fund of a political party is established to pay or defray the
operational costs of the party and may not be used to support or oppose any particular candidate.
For example, the restricted fund may pay for staff salaries, office supplies and equipment, including
computer hardware and software.
[R.C. 3517.1012, 3517.18, 3517.13 (X)]
Levin Account
Each state political party may establish a Levin account that may be used to pay or defray the costs
of voter registration, voter identification and get-out-the-vote activity. Any corporation or labor
organization may make a gift to a Levin account in a calendar year in which a candidate for federal
office will appear on an election ballot. These gifts are limited to $10,000 per applicable year.
Corporate or labor organization gifts to a Levin account are prohibited during a year in which no
candidate for federal office will appear on an election ballot.
[R.C. 3517.1013]
No reporting requirements apply to any corporation or labor organization making gifts to the
building, restricted or Levin accounts of a political party. The receipt of these gifts is included in the
disclosure statements of the recipient political party fund.
ELECTIONEERING COMMUNICATION
What to Do First
Any person intending to make a disbursement for the direct costs of producing or airing
electioneering communications must file form 31-EC, Notice of Intent to Make Electioneering
Communication Disbursements, with the office of the secretary of state prior to making such a
disbursement. Upon the filing of a form 31-EC, the secretary of state will issue credentials that
permit the filing of required detailed reports via the secretary of state’s online filing system. Except
for the initial filing of a Notice of Intent to Make Electioneering Communication Disbursements,
the prescribed format for filing all electioneering communication reports is through the secretary of
state’s online filing system.
[R.C. 3517.1011(C)]
a. The full name and address of the person making the disbursement, any person sharing or
exercising direction or control over the activities of the person making the disbursement, and
the custodian of the books and accounts of the person making the disbursement.
b. The principal place of business of the person making the disbursement, if not an individual.
c. The amount of each disbursement of more than $1 during the period covered by the
statement and the identity of the person to whom the disbursement was made.
d. The nominations or elections to which the electioneering communications pertain and the
names, if known, of the candidates identified or to be identified.
e. For each contributor who contributed an aggregate amount of $200 or more to the person
making the disbursement and whose contributions were used for making the disbursement,
all of the following information:
i. The month, day and year that the contributor made the contribution or contributions
aggregating $200 or more.
ii. The full name and address of the contributor and, if the contributor is a political action
committee, its registration number.
iii. If the contributor is an individual, the name of the individual’s current employer if any,
or if the individual is self-employed, the individual’s occupation and the name of the
individual’s business, if any.
iv. A description of the contribution, if other than money.
v. The value in dollars and cents of the contribution.
vi. For any contribution transmitted through a payroll deduction, if the amounts deducted
from the wages and salaries of two or more employees exceed, in the aggregate, $100,
the full name of the employees’ employer and the full name of the labor organization of
which the employees are members, if any.
[R.C. 3517.1011(D)]
Disclaimer Requirement
Within each electioneering communication, a statement must appear or be presented in a
conspicuous manner that clearly indicates that the electioneering communication is not authorized
by the candidate or the candidate’s campaign committee and that clearly identifies the person
making the disbursement for the electioneering communication in accordance with R.C. 3517.20.
[R.C. 3517.1011(F)]
During the 30 days preceding a primary or general election, persons are prohibited from making any
broadcast, cable or satellite communication that refers to a clearly identified candidate using any
contributions received from a corporation or labor organization.
[R.C. 3517.1011(H)]
The term “contribution” for the purpose of electioneering communication is not the same as the term
“contribution” used in other areas of the campaign finance law.
[R.C. 3517.01(B)(5)(e)]
A person must be considered to have made a disbursement if the person has entered into a contract
to make the disbursement.
[R.C. 3517.1011(B)]
1
These provisions may be subject to challenge. See, e.g., Federal Election Commission v. Wisconsin Right to Life Inc., 551
U.S. 449 (2007); Ohio Right to Life Society, Inc. v. Ohio Elections Commission, et al., 2008 WL 4186312 (N.D. Ohio Sept.
5, 2007)
a. If the person becomes a candidate before the day of the primary election at which candidates
will be nominated for election to that office, between the date that the person becomes
a candidate and the 30th day prior to that primary election and between the date of the
primary election and the 30th day prior to the general election at which a candidate will be
elected to that office.
b. If the person becomes a candidate after the day of the primary election at which candidates
were nominated for election to that office or between the date of the primary election and
the 30th day prior to the general election at which a candidate will be elected to that office.2
[R.C. 3517.1011(A)(7)(a)]
“Refers to a clearly identified candidate” means that the candidate’s name, nickname, photograph
or drawing appears, or the identity of the candidate is otherwise apparent through an unambiguous
reference to the person, such as “the chief justice,” “the governor,” “member of the Ohio Senate,”
“member of the Ohio House of Representatives,” and other such examples cited in the act, or
through an unambiguous reference to the person’s status as a candidate.
[R.C. 3517.1011(A)(13)]
Overview
The secretary of state’s office is required by statute to develop one or more methods of accepting
campaign finance reports by electronic means of transmission. In developing an electronic filing
system, the office sought to provide multiple methods of electronic filing in order to maximize the
ability of all entities to take part. The system was developed to allow greater flexibility by providing
large campaign operations the ability to use off-the-shelf or custom-made campaign software to
manage tens of thousands of records, and those small committees with only dozens of records the
ability to easily file their respective reports electronically. Since January 1, 2001, all entities under
the auditing authority of the secretary of state have had the option of electronically filing their
campaign finance reports.
Local candidates, local PACs and local PCEs are not required to file with the secretary of state’s
office or permitted to file their campaign finance reports electronically.
Committees (campaign, PAC, PCE, etc.) that are required to file their reports electronically are
required to follow the same statutory report filing deadlines to which all committees are subject.
[R.C. 3517.10, 3517.106]
Filing Electronically
There are two methods for a committee to file its campaign finance reports electronically in
compliance with R.C. 3517.106: direct entry online filing and data file upload. The direct
entry online filing method will be used by most entities. The data file upload method of filing
requires greater than average technical knowledge because the user must have a fairly in-depth
understanding of data mapping and file formatting to successfully submit a report. This chapter will
primarily address the direct entry online filing system. Information is available at the end of this
chapter on use of the data file upload process.
Committees using the direct entry online filing system will key contributions, expenditures, and
other transactions directly into screens accessible from the secretary of state’s Web site. Data may be
keyed into the committee’s report at any time and from any location having Internet access. Keyed
data is not “submitted” until the committee enters and completes the submit process through the
cover page screen of the direct entry online filing system.
The direct entry online filing system includes several features designed to assist campaigns in the
management of data and compliance with state law and agency rules. A few examples of these
features include:
»» Pre-audit checks. At any time prior to or at submission of a report, a user can click a button
to have the system “audit” entries on that report. Items such as missing employer information
or the receipt of a cash contribution exceeding $100 are part of this “audit” function.
»» Easy to read printed version. A user can create and print the contents of any report – whether
submitted or pending – in order to review the entries.
Amendments
Amendments are easily completed via the online filing system by the user opening the report as
originally filed and making the modifications necessary to make the report complete. After making
the edits or other changes, the user proceeds through the submit process via the cover page and the
amendment is filed.
The purpose of this form is to permit candidates whose campaign committees are subject to the
electronic filing requirements in R.C. 3517.106 to affirm that filing their campaign finance reports
by electronic means would constitute a hardship for the candidate or committee. Form 31-DD,
Electronic Filing Notice of Hardship must be filed for each report subject to the requirement to file
the report by electronic means. It is to be filed with the secretary of state’s office prior to the filing of
the report covered.
Once this form is filed, the campaign committee is permitted to file the report on paper and pay a
fee covering the cost of having the data entered. A paper report filed under the Notice of Hardship
must be received at the secretary of state’s office no later than the applicable deadline set forth in
R.C. 3517.10. The paper report should not be filed at the county board of elections.
When the report is filed, it must also be accompanied by a check or money order made payable to
the Ohio Secretary of State for the fee to offset the data entry costs. The formula to determine the
amount of the fee prescribed in R.C. 3517.106 (L) is listed on the form.
Candidates for statewide office whose campaign committees have $25,000 or more in expenditures
during the reporting period may not file this form.
Electioneering Communications
All electioneering communication reports are filed with the secretary of state’s office. The office has
prescribed an electronic-only method of filing electioneering communication reports. Upon filing
form 31-EC, Notice of Intent to Make Electioneering Communication Disbursements, the person
or entity filing the Notice will be assigned access credentials for use of the online filing system.
Because the timing and content of electioneering communication reporting differs greatly from the
disclosure requirements of political entities such as candidates or parties, the online filing system is
customized for reporting this activity.
DISCLAIMERS
What is a Disclaimer
A disclaimer is the portion of a political message that identifies the name and address of the person
or entity that paid for the item on which the disclaimer appears. A readable disclaimer must appear
on almost everything that is created in an attempt to influence an election, including electronic
messages. However, individuals acting alone to disseminate material and certain political action
committees limited in size and the amount of their expenditure are not required to include a
disclaimer. Candidates are not considered individuals for this purpose. Personal correspondence that
is not reproduced for distribution does not need a disclaimer. Political parties do not need to include
addresses as part of their disclaimers.
[R.C. 3517.105, 3517.20; OEC Adv. 96ELC-10]
Disclaimer Required
A sign, newspaper advertisement, literature or other political communication not listed in the
“disclaimer exemptions” paragraph below, must include the name of the entity responsible, and the
name and residence or business address of the candidate or chairperson, treasurer or secretary or the
committee or campaign fund in a conspicuous place on the political publication.
[R.C. 3517.20]
Disclaimer Exemptions
Items that are not required to include a disclaimer include:
Airplane banners Individually wrapped candy
Badges and buttons Key tags
Balloons Lapel pins and other jewelry
Charms Letter openers
Clothing and hats Paint stirrers
Combs Pencils and pens
Cups and mugs Plastic bags
Emery boards Plastic discs (Frisbee1)
Figurines Plastic flyswatters
Golf balls and golf tees Sponges
1
“Frisbee” is a registered trademark of WHAM-O, Inc.
A personal correspondence not reproduced by machine for general distribution also is exempt from
the disclaimer requirement.
Magnets and stickers measuring two and one-half inches by three inches or less, or seven and one-
half square inches or less, or three inches in diameter or less, are also specifically exempt from the
disclaimer requirement.
[R.C. 3517.20(A)(12); OAC 111-5-19]
If an item is not listed in OAC 111-5-19, then a specific exemption must be obtained by written
request from the secretary of state prior to distribution of the item. When requesting an exemption,
state your name and address and describe, in detail, the size and material of the item you wish to
have exempted and a brief statement explaining why the exemption should be granted. In the event
secretary of state staff members have questions about the exemption request, provide a telephone
number. The secretary of state will respond in writing to all written exemption requests.
Individuals
Any individual acting completely alone does not need to place a disclaimer on a political
communication. Candidates are not considered individuals for purposes of the disclaimer
requirement and must include a disclaimer on all political communication unless the item is
specifically exempted by rule or given an exemption by the secretary of state.
a residence street address or business street address. A disclaimer may use a post office box in
addition to, but not in lieu of, a complete street address.
Address
When an address is required as part of the disclaimer, a street address must appear, although a post
office box may also be included in addition to the required street address.
[OEC Adv. 91-03]
Television advertisement disclaimers must contain the name of the group responsible and an officer
of the group, or the name of the speaker, as well as the business or home address of the group or
speaker. This information may be either spoken or appear on the screen, or both.
[R.C. 3517.20]
The telephone bank definition and disclosure requirements apply whether the telephone calls are
made by individuals or by machine.
[R.C. 3517.20 (A)(1)(l), (C)]
Electronic Messages
Electronic messages posted on the Internet or sent via electronic mail are subject to the disclaimer
requirement. Specific information to be included in the disclaimer depends on the person,
committee, or group responsible for the message.
[OEC Adv. 96ELC-10]
False Statements
Statements or information that are not true may not be included within political communications.
Further, candidates should not use wording that would lead a person to believe that the candidate
is the incumbent or has been elected to the same office if that is not true. For example, only an
incumbent or someone who has previously been elected to the office may use the word “re-elect”
or “return.” Appointees may use words such as “retain” or “keep.” Others should use terms such as
“vote,” “for” or “elect” in a manner that indicates that they are not the incumbent.
[R.C. 3517.21]
Multi-piece Mailings
If more than one piece of printed material is mailed as a single packet, then only one of the pieces
of the packet – whether on the envelope or on a piece within the envelope – must contain the
disclaimer of the organization responsible for the communication.
[R.C. 3517.20(A)(10)]
Questions regarding bulk mailing permits – use, acquisition, cost, etc. – should be directed to the
U.S. Postal Service at (800) 275 – 8777 or www.USPS.com.
Updating a Disclaimer
The Ohio Elections Commission has determined that when a committee uses campaign signs or
other materials from a prior campaign, the information within a disclaimer must be current when the
signs are posted or the materials are distributed. A committee may update the disclaimer on signs
and other materials by placing a label with the updated content over the original disclaimer printed
on the item.
The secretary of state examines the reports of all statewide candidates, general assembly candidates,
statewide political action committees, statewide political contributing entities, statewide parties,
statewide ballot-issue committees and legislative campaign funds. County boards of election
examine the reports of all village, township, city and county candidates, county political parties,
county political action committees, county political contributing entities and county ballot-issue
committees.
When an entity has failed to provide all the necessary information or has accepted contributions or
has made expenditures that appear illegal or suspect, the entity is contacted by letter detailing what
information or action is needed for compliance or clarification. The statute gives the entity 21 days to
respond and provide the additional information.
Many examination letters are mailed out each week from the secretary of state’s campaign-finance
audit staff. It is very important that an entity reply to any correspondence issued by the secretary of
state that requires additional information for compliance with Ohio’s campaign finance laws. Failure
to respond is certain to result in a referral to the Ohio Elections Commission.
Faxing a Report
With the exception of the Two Business-Day Statements report
filed by statewide candidates, campaign finance reports may not
be faxed and must bear an original signature. Reports filed by
federal political committees may be faxed as the secretary of state
is not the initial repository of federal filings.
Report Forms
All reporting forms, along with instructions for their use, are available at the secretary of state’s Web
site: www.sos.state.oh.us
Filers may choose to download the forms and use them for creating reports eligible for filing in
paper form. Filers may choose to create their own forms for use in paper filing, with the approval of
the secretary of state’s office, as long as they are substantially similar to the forms prescribed by the
secretary of state’s office.
[OAC 111-5-11]
Filers seeking the approval of alternative paper forms may direct their request, along with a sample
of each of the alternative forms to:
Every form has a place for the committee’s name. This is for the committee’s protection in the event
that pages become detached from the report.
If a form would contain no information, then it does not have to be included in a report.
Record Retention
Committees must retain their reports for six years. The secretary of state and county boards of
elections also must keep all reports filed with them for six years.
[R.C. 3517.10(D), OAC 111-5-14]
Required Elements for Filing a Complaint with the Ohio Elections Commission
Anyone may file a complaint with the commission regarding possible violations of Ohio’s campaign
finance laws, Ohio’s campaign disclaimer law, Ohio’s campaign false statement law or Ohio’s
limitation on corporate political activity law. To do so, a complaint must contain all of the following:
1. The name of both the person bringing the complaint, as well as the person(s) or party against
whom the allegations are made.
2. Addresses for the parties. Phone numbers also, if available.
3. A statement of the alleged violation.
4. A reference to the section of the Ohio Revised Code alleged to have been violated that is
within the commission’s jurisdiction.
The statement must be properly notarized. For the purposes of the commission, a proper notarization
includes the phrase “signed and sworn before a Notary Public.”
After a complaint is filed, the executive director of the commission will review the complaint to
determine the issues contained in it and how the matter should proceed before the commission.
A complaint that alleges that campaign materials contain false statements will be expedited and
addressed by a probable cause panel of the commission in an accelerated manner. Complaints that
allege other violations will be scheduled before the next meeting of the commission to allow the
alleged violator sufficient time to file a response with the commission.
Commission staff will use its best efforts to notify all parties of the date and time at which the
commission will review the complaint.
The commission reviews all other complaints at a regular meeting of the full commission. If the
commission believes that it has sufficient evidence in the complaint and response to make a final
determination in the matter, then the commission will proceed to a final resolution of the matter
immediately. If the evidence at the preliminary review is insufficient, then the commission may
schedule a full hearing of the matter for a greater presentation of the evidence at a later date.
Once the commission makes a final determination in the matter pending before it, the commission
will notify all parties in writing of the nature of the decision.
When your case is scheduled before the commission, you and/or your legal representative are
welcome to be present at the hearing.
More Information
For more information about requesting an advisory opinion or reporting
a possible violation, contact the Ohio Elections Commission, 21 W.
Broad St., Ste. 600, Columbus, OH 43215; (614) 466-3205.
[R.C. 3517.152-3517.157]
OTHER RESOURCES
Campaign finance is under the jurisdiction of the Secretary of State’s office, the 88 county boards of
elections and the Ohio Elections Commission. Questions often arise that appear related to campaign
finance but are actually under the jurisdiction of other agencies.
The following is a list of other agencies and organizations that may be helpful resources:
www.lsc.state.oh.us/index.html
Medicaid Providers
Candidates for attorney general and county prosecutor are prohibited from accepting any
contribution from Medicaid providers under contract with the Ohio Department of Jobs & Family
Services (ODJFS). The Medicaid Providers division of ODJFS has information regarding Medicaid
providers.
[R.C. 3599.45]
TRANSITION FUNDS
Officeholders elected or appointed to any elective office may establish a transition fund to receive
donations and to pay costs incurred for inaugural and other related activities. The creation of a
transition fund is completely optional as a candidate’s campaign committee may also pay for these
same expenses. A transition fund is separate and distinct from a candidate’s campaign committee or
any other fund or account. The maximum duration of existence for a transition fund is limited to 120
days. This chapter deals solely with regulations related to transition funds.
[R.C. 3517.1014]
What to Do First
Prior to receiving a donation or making a disbursement for the purpose of transition and inaugural
activities, an officeholder – i.e. a person who has been elected or appointed any elective, non-
judicial, office – must file a Establishment of transition fund and Designation of transition fund
Treasurer (Form 30-T). Though a transition fund must be separate from the officeholder’s campaign
committee, it is permissible for the same person to serve as treasurer for both entities. Both the
designated treasurer and the officeholder must sign the Establishment of transition fund and
Designation of transition fund Treasurer form.
»» No sooner than the day after the day of the election if, based on the number of ballots
outstanding and the unofficial results of the election, it is mathematically possible for the
person (officeholder) to have been elected, and
»» No later than the last day of December of the year in which the election was held.
If appointed:
»» No sooner than after the person (officeholder) has been appointed to fill a vacancy in an
unexpired term of a non-judicial elective office, and
»» No later than forty-five (45) days after the person is appointed to office.
»» No sooner than the day after the day of the election, and
»» No later than forty-five (45) days after the election was held.
Bank Account
The treasurer must establish a bank or other financial institution account that is separate from any
personal or business account and is used solely for the transition fund. All transition funds must be
deposited into this separate account. All donations received and deposited, and all disbursements
made from this account must be fully disclosed. Donations may only be accepted and disbursements
may only be made during the transition fund’s existence.
A federal identification number may be required by the transition fund’s chosen financial institution.
This number is issued by the Internal Revenue Service upon request.
What to File
Each disclosure filing is required to be submitted using an online filing system and all of the
following information must be provided:
A. The full name and address of the treasurer filing the report, and;
B. The full name and address of the officeholder benefitting from the transition fund, and;
C. The balance brought forward from the most recent filing, if any, and;
1. The month, day, and year on which each donation was received;
5. If applicable, the name of the donor’s current employer, or, if the donor is self-employed,
the donor’s occupation and the name of the donor’s business.
5. The date the transition fund incurred the cost for which the disbursement was made.
F. The balance remaining in the fund at the close of the reporting period.
The information above is required to be disclosed only once within the transition fund reporting
period which covers the date of the transaction (donation or disbursement). A transaction reported
in one transition fund reporting period should not be reported again in a different reporting period;
nor should one transition fund report be appended to include a transaction(s) for the next reporting
period.
Donations
Donations to a transition fund, of both money and in-kind goods and services, may be received
from individuals, including for-profit corporations, and campaign committees. All donations must
be deposited into the separate account established for the transition fund. No donation may be
accepted or deposited unless the officeholder has established a transition fund.
Donation Limits
Donations to the transition fund established for the joint offices of governor and lieutenant governor
are limited, per donor, to $10,000. This limit applies to the aggregate value of all donations made by
the donor of both money and in-kind goods and services.
[R.C. 3517.1014 (C)(1)(b) & (3)(a)]
Donations to the transition fund established for an officeholder other than governor/lieutenant
governor are limited, per donor, to $2,500. This limit applies to the aggregate value of all donations
made by the donor of both money and in-kind goods and services.
[R.C. 3517.1014 (C)(1)(c) & (3)(b)]
Disbursements
A transition fund may use any donation to pay for legitimate and verifiable costs incurred for
ordinary and necessary transition activities and inaugural celebrations.
[R.C. 3517.1014 (A)]
»» Consulting fees
The above-mentioned terms of legitimate and verifiable, ordinary and necessary are defined as
follows:
Prohibitions
Donations to a transition fund may not be used for the purpose of influencing the election of any
candidate for any office or for influencing the results of any election. While a transition fund may
accept donations from candidate campaign committees, it may not make contributions to campaign
committees, political action committees, legislative campaign funds, political contributing entities,
or political parties.
A transition fund may not make any disbursements to pay for or reimburse any personal expenses of
the beneficiary of the transition fund, except for costs incurred for transition activities and inaugural
celebrations.
[R.C. 3517.1014 (G)]
1. Giving the amount, pro rata, to all persons who made donations to that transition fund as a
refund of all or part of their donations;
2. Giving the amount to a non-profit corporation that is exempt from federal income taxation
under subsection 501(a) and described in subsection 501(c) of the Internal Revenue Code
[R.C. 3517.1014 (H)]
In disposing of money or assets, the treasurer of a transition fund shall not refund to any campaign
committee any donation received from that campaign committee.
Not later than one hundred twenty (120) days after a transition fund has been established, the
treasurer of the transition fund shall file a final report of donations and disbursements. The final
report shall be filed with a termination statement along with a copy of all available statements
from the bank or other financial institution that held transition fund moneys. The bank or financial
institution statements shall demonstrate a zero balance remaining in the transition fund account to
confirm that all transition fund moneys were disposed of prior to the termination of the transition
fund.
If final bank or financial institution statements are not available at the time of the filing of the final
report, the transition fund must file with the secretary of state copies of the final bank or financial
institution statements within five days after receiving those statements from the bank or financial
institution.
Upon the filing of the final report and termination statement, the transition fund shall cease to exist.
[R.C. 3517.1014 (I)]
If, upon the completion of the official canvass of election returns for the election at which the
beneficiary of a transition fund seeks election to office, it is determined that the beneficiary has
not been elected to that office, within thirty days after the completion of the canvass the treasurer
of the beneficiary’s transition fund shall dispose of all assets remaining in the transition fund and
immediately file a final report.
QUESTION:
I forgot that today is the deadline to file my campaign finance report. May I get an extension?
ANSWER:
No. R.C. 3517.10 sets the dates that campaign finance reports are due. Neither the boards of
elections nor the secretary of state’s office have the authority to extend a filing deadline.
QUESTION:
Do I have to itemize contributions under $25?
ANSWER:
Contributions under $25 received at a social or fund-raising event and reported on Form 31-E may
be reported together as “Contributions received $25 or less,” along with the date and aggregate
amount. This exemption is never based on the cost of a ticket to attend the fund-raising event, but
on the total amount each contributor contributed during the event. In-kind contributions of $300 or
less that were received at a social or fund-raising event may likewise be listed under the description,
“In-kind contributions received $300 or less,” along with the date and amount. It is important to
note that the committee is still responsible for collecting and maintaining the underlying contributor
information, even when it does not have to itemize it in the report. [R.C. 3517.10(B)] Contributions
of any amount reported on form 31-A, Statement of Contributions Received, must be itemized.
QUESTION:
I received a contribution from a joint checking account. How do I report the contribution?
ANSWER:
Unless otherwise instructed by the contributor, report the contribution as coming from the individual
signing the check. If there is evidence indicating that the contribution is from both individuals,
then report as two separate contribution entries, attributing half of the contribution to each, unless
otherwise specified. [OAC 111-5-15]
QUESTION:
Please explain the difference between “loan” and debt.”
ANSWER:
A loan is a monetary contribution that is expected to be repaid in the future, while a debt is assumed
for goods or services secured on behalf of the committee for which reimbursement is expected.
Because a loan is a monetary transfer, it must always be deposited into the committee’s campaign
bank account.
QUESTION:
I am a candidate who will not be accepting any contributions or spending any money. Am I still
required to file a Designation Of Treasurer?
ANSWER:
As long as there are no contributions received and no expenditures made (including the candidate’s
own funds), the filing of form 30-D, Designation of Treasurer, is not required. The payment of the
filing fee by the candidate from his/her personal funds does not trigger the requirement to file a
Designation of Treasurer.
[OAC 111-5-01]
QUESTION:
I am a candidate and I would like to purchase some flowers for my staff members out of my
campaign account. Is this a permissible expense?
ANSWER:
Yes. Using campaign funds to pay for campaign expenses, including gifts for staff or campaign
workers, is permissible, as long as the gifts are reasonable in cost and form. See Chapter 2,
Candidates, for more information.
QUESTION:
The signs I’m using in my re-election this year list the name of my former treasurer in the disclaimer.
Is there any way I can use these signs?
ANSWER:
The disclaimer information must be current when the communication, publication or other item
is posted or distributed. Printing and placing a label with the current disclaimer information over
the previous information should remedy the problem and allow for the use of the signs. This would
apply to any leftover campaign items seeking to be used in subsequent elections.
QUESTION:
After my previous unsuccessful campaign several years ago, I forgave $2,000 in personal loans to
my committee. This year I ran for office again and was elected. I have a balance in my campaign
account after the election. May I take the new campaign funds and reimburse myself for the previous
loan?
ANSWER:
No. The Ohio Elections Commission has ruled that once a loan or debt is forgiven, it cannot be
reinstated.
(OEC 2001ELC-01)
QUESTION:
My campaign committee received a check from a partnership. May I accept it? How should I report
the contribution?
ANSWER:
A partnership may use its checking account to make a contribution. However, when a partnership
issues a contribution check, it must also provide the recipient with details on how the check is
to be allocated among one or more of the partners or owners. The partnership may not make a
contribution in the name of the partnership alone. The recipient campaign committee must itemize
the contribution according to the details provided – as separate individual contributions.
[R.C. 3517.10 (I); OAC 111-5-21]
QUESTION:
How may a political action committee (PAC) or a political contributing entity (PCE) spend its funds?
ANSWER:
They may only spend money for two purposes: either to influence an election or to make a
charitable contribution.
[R.C. 3517.01(B)(6)]
See Chapter 6, Political Action Committees, and Chapter 7, Political Contributing Entities, for more
information.
QUESTION:
Some friends and I want to campaign for a school levy. Do we have to report that information?
ANSWER:
Maybe. If the group will accept and pool resources (contributions) to expressly advocate support
for the levy, it will be required to register as a ballot-issue committee. See Chapter 8, Ballot-Issue
Committees, for more information.
QUESTION:
My local school board has a levy on the ballot in the coming election and the board is using the
school building for fund-raising events and sending notes home with my children. Is this legal and
where can I go to complain about such activities?
ANSWER:
This question deals with the appropriate use of public property and tax monies in regard to an
election. This issue is not addressed in Ohio’s campaign finance or election laws; therefore, a board
of elections and the secretary of state’s office have no authority. You may contact the law director,
prosecutor or auditor in the jurisdiction involved to see if this is permitted activity.
QUESTION:
I am a candidate who just won in the primary. May I use campaign funds to throw a party for my
campaign workers?
ANSWER:
Yes. Parties and events associated with an election or a candidate’s public office are permitted.
[OEC 2004ELC-03; 87-13]
QUESTION:
I received a letter from the secretary of state’s office asking for more information relative to a report I
filed last year. What should I do?
ANSWER:
Don’t ignore it! The letter you received is part of the secretary of state’s office fulfilling its duty to
examine campaign finance reports for compliance with the law. The information being sought is
necessary to complete the report or otherwise complete the examination of the report. State law
requires your response within 21 days of receipt of the letter. Call the examiner, whose name and
telephone appear on every examination letter, for any help you may need in understanding the
content of the letter, the examination process or disclosure compliance.
QUESTION:
What if I believe that someone has violated a campaign finance law?
ANSWER:
You may either contact a board of elections, or the secretary of state if statewide candidates or
committees are involved, who will then consider the complaint and decide whether or not to
investigate the matter and/or forward the complaint to the Ohio Elections Commission (OEC). An
individual who has personal knowledge of a violation may, at any time, file a complaint directly with
the Ohio Elections Commission. See Chapter 14, Ohio Elections Commission, for more information.
Annual Year
Type of Report Pre-Primary Post-Primary Pre-General Post-General _________
(place X to the left of report July August September Semiannual
type) Monthly Monthly Monthly Termination _________
M D Y
Amended Report? l Yes l No Report Electronically Filed? l Yes l No Date of Election
For candidates only, during an election year: if total contributions and expenditures each total $500 or less during the combined pre- and post-periods at one election, check box l
No other forms are required for a post-primary or post-general period, if above statement applies. See R.C. 3517.10(H) for details.
THE INFORMATION CONTAINED IN THIS REPORT IS MADE UNDER THE PENALTY OF ELECTION FALSIFICATION. WHOEVER COMMITS ELECTION
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
This form has been designed so that candidates’ campaign The monetary totals on Lines 1 through 6 should include
committees, legislative campaign committees, political only contribution, expenditure and loan activity that
action committees (PACs), political contributing entities transpired through the committee’s separate bank
(PCE) and political parties all use the same form. account(s).
Cover pages identify who filed the report and what A candidate’s report must be signed by the treasurer or
reporting period is covered. They also summarize the deputy treasurer. If a treasurer was not appointed, the
details inside the report. Do not use the cover page as a candidate is the treasurer. It may be helpful to designate
substitute for listing information on the appropriate form. a deputy treasurer in the event that the treasurer is not
For example, do not explain about receiving interest on the available to sign the report at the time of a filing deadline.
cover page; report the interest on the Other Income form. The candidate cannot sign the report unless he or she is the
Candidates who qualify may file a Cover Page only report treasurer or deputy treasurer [R.C. 3517.081, 3517.10(C),
per R.C. 3517.10(H). (D)].
The registration number of a statewide PAC should appear PAC, PCE political party and legislative campaign
on each report, addendum or piece of correspondence. committee reports must be signed by either a treasurer or
deputy treasurer.
The State block should be completed with the U.S. Post
Office’s standard two-letter abbreviation. For example, Ohio The original signature of the treasurer or deputy treasurer
would appear as OH. must appear.
The Date block should be completed with six digits. For Electronic Filing Entities Only - State PACs, state PCEs,
example, March 9, 2009, would appear as 03 09 09. political parties, legislative campaign committees and
campaign committees of general assembly and judge of a
The Amended Report box should be marked “Yes” only court of appeals candidates must list on line 13, the sum
if the report is being filed to correct, add to, or in some of lines 2, 7 and the amount of any new loans received
way change a report that has already been filed. Do not this period. This calculation is necessary to determine the
combine a correction report (addendum) with an original amount of total contributions for purposes of deciding if a
filing. For example, do not attach canceled check copies committee has reached the electronic filing thresholds in
from a prior report to a subsequent report. R.C. 3517.106.
The Report Electronically Filed box should be marked if the Cover Page numbering guide
report was filed electronically. Contribution pages - Forms 31-A, 31-E, 31-J-1, 31-G, 30-C,
31-P, 31-R, 31-T
The cover page is the means by which a committee may Expenditure pages - Forms 31-B, 31-F, 31-J-2, 31-I, 31-M,
terminate. If the committee has no debts, no loans and no 31-U
balance on hand, and the committee wishes to close, mark Other pages - Forms 30-A, 31-C, 31-N, 31-K
the box next to the word “termination.”
Receipt pages are not included in the Total Pages. The pages
Only statewide candidates file monthly reports. They do of the report should be numbered consecutively in the top
so only in the year in which they run for election. The first right corner with the Cover as page one.
report filed by a committee should reflect a zero on line
1 (amount brought forward). Otherwise, line 1 should be
the same amount that appeared on line 6 (ending balance
on hand) of the last previously filed report. Do not list a
different amount with an explanation. Any discrepancy
between the last ending balance and the current amount
brought forward must be accounted for by an addendum.
The ending balance on hand should not be a negative
number. This would indicate that your committee has spent
more funds than it has received.
Street Address
Type of Report
(Place X to the left Pre-Primary Post-Primary Pre-General Post-General Pre-Special
of report type)
M D Y
Date of Election Post-Special
Receiving Committee
Receiving Committee
Receiving Committee
Receiving Committee
THE INFORMATION CONTAINED IN THIS REPORT IS MADE UNDER PENALTY OF ELECTION FALSIFICATION. WHOEVER COMMITS ELECTION FALSIFICATION
IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
Street Address
Type of Report
(Place X to the left of Pre-Primary Post-Primary Pre-General Post-General Annual Semiannual
report type)
M D Y
Date of Election Pre-Special Post-Special
Ballot Issue
l Support
l Oppose
To Whom Paid
Ballot Issue
l Support
l Oppose
To Whom Paid
Ballot Issue
l Support
l Oppose
To Whom Paid
THE INFORMATION CONTAINED IN THIS REPORT IS MADE UNDER PENALTY OF ELECTION FALSIFICATION. WHOEVER COMMITS ELECTION
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
The Ballot Issue block should identify the ballot issue A Semiannual filing is due by 4 p.m. on the last
that is being supported or opposed. business day of July if any independent expenditures
were made (including benefits provided) between the
The To Whom Paid block and the address should last day reflected in the previously filed statement, if
reflect the name and address of the vendor from any, to the close of business on the last day of June of
whom the goods or services were purchased. that year.
The Date block should be completed with six digits. An annual filing is due by 4 p.m. on the last business
For example, March 9, 2009, would appear as day of January if any independent expenditures were
03 09 09. made (including benefits provided) after the 31st day
after the election and December 31.
The State block should be completed with the U.S.
Post Office’s standard two-letter abbreviation. For Any member of the corporation or labor organization
example, Ohio would appear as OH. may sign the form.
Two-Business-Day Statement
Prescribed by Secretary of State 3/05
Full Name of Committee
Street Address
This form is filed by the campaign committees of candidates for the office of governor/lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney gen-
eral and candidates for supreme court justice or chief justice if, during the period from the 19th day before the election at which they are running, a contributor contributes
an aggregate amount of $10,000 or more for that period.
* Required for contributions over $100 to statewide and general assembly candidates. If contributor is self-employed, the occupation and the name of the individual’s
business, if any, rather than employer should be listed. If two or more employees contribute via payroll deduction and exceed the aggregate of $100, the labor organiza-
tion of which the employees are members, if any, must appear. [R.C. 3517.10(B)(4)]
This form stands alone and does not replace any forms or reporting requirements within a campaign finance report. It is the only form
which may be faxed to (614) 752-4360.
THE INFORMATION CONTAINED IN THIS REPORT IS MADE UNDER THE PENALTY OF ELECTION FALSIFICATION.
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
Forms and Instructions
The campaign committees of the joint candidates Except for FSL PACs, this is the only form that may be
for the office of governor and lieutenant governor or sent by facsimile (fax). The fax number is
for the office of secretary of state, auditor of state, (614) 752-4360.
treasurer of state, attorney general, chief justice,
or justice of the supreme court must complete this The State block should be completed with the U.S.
form during the year in which they appear on the Post Office’s standard two-letter abbreviation. For
ballot if, between the 19th day before the general example, Ohio would appear as OH.
election through the day of the general election, the
committee receives from a contributor one or more The Date block should be completed with six digits.
contributions aggregating $10,000 or more during For example, March 9, 2009, would appear as
that period. 03 09 09.
The form must be filed with the secretary of state’s The contributions listed on this form must also be
office within two business days of receipt of the disclosed in the next-filed campaign finance report.
contribution. The campaign committees of legislative
or state board of education candidates are not
included in this requirement.
Designation of Treasurer
Prescribed by Secretary of State 07/05
All Committees
Full Name of Committee
_________________________________________________________________________________ ____________________________
Signature of Treasurer Date
A Designation of Treasurer form must be filed before A Designation of Treasurer form should not be filed as
a candidate’s campaign committee, political action part of a report. It is a separate filing. It is not required
committee (PAC), political contributing entity (PCE), whenever a report is filed.
legislative campaign fund or political party makes
any expenditures or receives any contributions. It is Political action committees filing with the secretary
recommended that candidates who do not anticipate of state that have not yet been assigned a registration
receiving or spending anything also file this form. number may leave that block empty.
[R.C. 3517.10(D)]
The name of a candidate’s campaign committee must
This form has been designed so that candidates’ include the last name of the candidate. A candidate
campaign committees, legislative campaign may have only one campaign committee.
committees, political action committees, political
contributing entities and political parties all use the If a committee wishes to change its place of filing,
same form. Each type of committee should complete it does not have to terminate the committee. For
the top third of the form. Note that a street address, example, a candidate or PAC may decide to change
not a post office box is required in all addresses. its focus from the local level to the statewide level.
The committee may send an original Designation of
The State block should be completed with the U.S. Treasurer form to register with the new place of filing,
Post Office’s standard two-letter abbreviation. For while sending a photocopy of the form to the old
example, Ohio would appear as OH. place of filing so that no further reports are expected
at the prior location. The box indicating a change in
A candidate, legislative campaign committee, the place of filing should be checked.
PAC, PCE or political party registers by filing a
Designation of Treasurer form. Thereafter, the form is A PAC must indicate whether it is a “ballot-issue
used to update basic information. For example, if a PAC.”
committee has already registered, but subsequently
changes its address, the Designation of Treasurer Candidates must, and the treasurers should, sign
form is used to update the information. In addition their Designation of Treasurer forms. Any authorized
to address changes, the form can be used to update person may sign PAC, PCE and political party forms.
a committee name change, a treasurer or deputy
When a treasurer or deputy treasurer resigns or is
treasurer change, change of place of filing or to
replaced, a revised Designation of Treasurer form
indicate that a candidate is running for a different
should be filed immediately. The fact that the previous
office. The appropriate box at the bottom of the form
treasurer’s name is no longer listed will indicate that
should be marked to reflect why the form is being
he or she no longer holds the position.
filed. The form should be completed in full each time
it is filed.
All Committees
Full Name of Committee
Email Filers Only - Email Addresses Authorized to Submit Campaign Finance Reports
email Address #1 (Required) Individual Associated with this Address
All Committees
Signature of Candidate or Treasurer Date
Forms and Instructions
This form is used by the secretary of state’s office The full committee name, address, etc. must be the
to register a committee to file its campaign finance same as those listed on the committee’s most recent
reports electronically pursuant to R.C. 3517.106. Designation of Treasurer (Form 30-D). An updated
Only the committees of candidates for statewide 30-D should be filed if the committee information,
office, candidates for general assembly, candidates i.e. address or treasurer(s) changes. All committees
for judge of a court of appeals, state political parties, should complete this section.
county political parties (when required by law),
legislative campaign funds, state political action Committees filing reports via the E-mail option will
committees (PACs) or state political contributing need to complete the bottom section of the form. As
entities (PCEs) are to use this form. This form does not a security feature to prevent the filing of false reports,
replace or substitute for a Designation of Treasurer email submissions must come from a designated pre-
form. A committee still must file a Designation of authorized email address. A committee may designate
Treasurer Form 30-D prior to receiving contributions up to three email addresses as authorized submission
or making expenditures. addresses. The name of the individual associated with
the email address should also be indicated.
Committees wishing to file campaign finance reports
electronically utilizing either the Online Internet or This form must be signed by either the candidate or
the Email filing options must submit this form to the treasurer of the committee and filed directly with the
secretary of state’s office prior to attempting to file. Ohio secretary of state’s office.
Street Address
Type of Report
(Place X to the left of report Pre-Primary Post-Primary Pre-General Post-General Annual
type)
M D Y
Date of Election Pre-Special Post-Special Semiannual
*Other Entities do not include corporations, labor organizations, campaign committees, legislative campaign funds, PACs, political contributing entities (PCEs) or political parties.
THE INFORMATION CONTAINED IN THIS REPORT IS MADE UNDER PENALTY OF ELECTION FALSIFICATION. WHOEVER COMMITS ELECTION
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
____________________________________________________________________ _____________________________
Signature Date
____________________________________________________________________
Print Name (and Title, if applicable)
If independent expenditure(s) of less than or equal to 1. Independent expenditures were made (including
$100.00 were made for or against a ballot issue, no benefits provided) totaling less than $1,000 by the
form is required to be filed. [R.C. 3517.105(C)(2)(b)] 20th day before the election and no pre-election filing
was made; or
This form stands alone and should not be filed by a
corporate PAC, labor organization, other type of PAC, 2. Any independent expenditures were made
PCE, legislative campaign fund or political party. (including benefits provided) between the 20th day
Committees that file campaign finance reports should before the election and the 31st day after the election.
file Form no. 31-U, not 30-E. Corporations and labor
A Semiannual filing is due by 4 p.m. on the last
organizations cannot make independent expenditures
business day of July if any independent expenditures
in
were made (including benefits provided) between the
regard to candidates. If corporations or labor last day reflected in the previously filed statement, if
organizations make independent expenditures in any, to the close of business on the last day of June of
regard to ballot issues, they should file Form no. that year.
30-B-2.
An annual filing is due by 4 p.m. on the last business
The State block should be completed with the U.S. day of January if any independent expenditures were
Post Office’s standard two-letter abbreviation. For made (including benefits provided) between the 31st
example, Ohio would appear as OH. day after the election and December 31.
*
Required for contributions from individuals over $100 to statewide and general assembly candidates. If contributor is self-employed, the occupation and the name of the
individual’s business, if any, rather than employer should be listed. If two or more employees contribute via payroll deduction and exceed the aggregate of $100, the labor
organization of which the employees are members, if any, must also appear. [R.C. 3517.10(B)(4)]
The Statement of Contributions lists all money received For reporting purposes, these entities are considered
except interest income, loans, refunds or prior unincorporated associations or, if applicable,
expenditures that are returned to the committee partnerships. If a contribution is received from a
[R.C. 3517.10(B), (D)]. partnership, unincorporated business or unincorporated
association, the name of the person making the
Every contributor’s name, address and amount contribution as well as the company name must be
contributed must be listed except contributions of $25 or provided.
less received at specific fund-raising events. The treasurer
must still keep records of these contributions even if they You should not list the names of two contributors in the
are not required in the report. Full Name of the Contributor field. Each contribution
received from individuals must be attributed to a single
Political parties are exempt from listing contributor person. When a check has more than one individual
addresses. listed on it, ask who the actual contributor is or list the
person who signed the check. (O.A.C. 111-5- 21)
If a contribution is received via periodic payroll
deduction, the committee may list the aggregate dollar Contributors may not remain anonymous by request.
amount received during the reporting period in the If a contributor does not want to be identified, the
Amount field. As the date received, the committee may contribution should not be made. However, if an
use the date range of the pay period or the date of the anonymous contribution is received, efforts must be
last pay period in which the contribution was received. made by the committee to identify the contributor.
The State block should be completed with the U.S. Post If the efforts are unsuccessful, the contribution should
Office’s standard two-letter abbreviation. For example, have an explanation of the circumstances that caused it
Ohio would appear as OH. to be anonymous and a description of the efforts made
to determine the contributor’s identity. This information
The Date block should be completed with six digits. For should appear in the address portion of the contribution
example, March 9, 2009, would appear as 03 09 09. page entry. If fund-raising events are held during a
reporting period, the total amount of contributions
The date of a contribution is the date that an agent of the received during each event is transferred to this form
committee receives the contribution. It is not the date of from the Statement of Contributions for a Social or Fund-
deposit or the date on the check. Raising Event. If public officeholders receive employee
contributions, other than at a fund-raising event, the total
A complete street address including a zip code must be
should be transferred to this form from the Contributors
provided. The form in which the contribution is received
in Officeholder’s Employ form. A transfer is done by
must be indicated, such as check, cash or money order.
placing the words “Total contributions from Form no.
Cash means currency or coin.
31-E,” or “Total employee contributions,” as appropriate
A contribution received from a statewide PAC must list to the situation, in one of the lines marked Full Name of
its registration number. A contribution from a Federal Contributor.
PAC may include the Federal PAC registration number.
The total of all the Statement of Contributions pages
The registration number block may also be used to
should appear on line two of the cover page. The
list that a contribution was received from a political
Employer/Occupation/Labor Organization block must be
contributing entity (PCE) or local PAC, neither of which
used by statewide or general assembly candidates when
have a registration number.
they have received individual contributions greater than
Legal professional associations and other professional $100. If the contributor is self-employed, the occupation
associations that have incorporated and limited liability and the name of the individual’s business, if any, rather
corporations are not “corporations” under R.C. 3599.03 than the employer, should be provided. However, all
and are not prohibited from contributing to partisan filers may use the block for contributions received in any
elections [OEC Adv. No. 96-03]. amount from a partnership or unincorporated business
when the name of the person as well as the business is
required to be provided.
*
Place the two letter code in the Type block (one letter per square) which indicates the nature of the Other Income Received; RE for a refund,
uncashed check or the committee’s own insufficient funds check received, IN for any investment or interest income earned by the committee,
SA for the sale of committee assets, or LN for payments received on a loan made.
The Statement of Other Income lists all interest A check from a contributor that was not honored
income, the total of all loans received in the current by the bank should be itemized on the Statement of
reporting period, refunds and all prior expenditures Expenditures.
that are returned to the committee.
If loans are received during a reporting period, their
A complete street address including zip code, should total is transferred to this form from the Statement of
be provided. Bank entries need only the city and Loans Received form. If payments are received on
state. The form in which the contribution is received loans owed to the committee, their total is transferred
must be indicated, such as check, cash or money to this form from the Statement of Loans Received
order. Cash means currency or coin. form.
The State block should be completed with the U.S. The total of all the Statement of Other Income pages
Post Office’s standard two-letter abbreviation. For should appear on line three of the cover page.
example, Ohio would appear as OH.
Due: not later than seven days after the petition filing deadline.
Any candidate who does not file this waiver must file a Declaration of Filing-Day Finances not later than seven
days after the petition filing deadline.
1) the campaign committee did not accept any aggregate contribution from a contributor in excess of the lim-
its provided in R.C. 3517.102 during the pre-filing period as defined in R.C. 3517.109; and
2) the campaign committee had less than the carry-in amount in cash on hand at the beginning of the pre-filing
period, if applicable. (House candidates $35,000, Senate candidates $100,000 and statewide candidates
$200,000.)
Therefore the undersigned attests that the campaign committee is not required to file a Declaration of Filing-Day
Finances.
This statement made under the penalty of election falsification. Whoever commits election falsification is
guilty of a felony of the fifth degree.
____________________________________________________
Print Candidate Name
____________________________________________________ __________________
Candidate’s Signature Date
31-B
R.C. 3517.10
Address Purpose
Address Purpose
Address Purpose
Address Purpose
Address Purpose
Address Purpose
Address Purpose
Address Purpose
The Statement of Expenditures lists the purpose for If expenses are billed to a credit card, the Statement
which funds were used, the name and address of the of Expenditures should not reflect only a single entry
entity to which the expenditure was made, and the to the credit card company. Each underlying date,
amount and date of each expenditure recipient, amount and purpose must appear. If the
[R.C. 3517.10(B)]. committee uses a credit card, a copy of the itemized
billing statement or credit card receipt should be
The date listed for each expense should be the attached in addition to a copy of the canceled check
date that a check or other payment instrument is to the credit card company.
mailed, handed over or transmitted. List each payee’s
complete address. The administrative, establishment and solicitation
expenses paid by a corporate or labor organization
The Date block should be completed with six digits. sponsor of a PAC should not be listed on this form.
For example, March 9, 2009, would appear as (See Form no. 31-I.)
03 09 09.
An internal transfer of committee funds or an
The Purpose block should list the specific reason that investment purchase such as a certificate of deposit
the expense was made; purposes such as “expense” should not be shown as an expenditure. The money
or “miscellaneous” are vague, and therefore, not still belongs to the committee and has only been
acceptable. moved into a different account. The campaign
finance law does not prohibit committee investments,
The State block should be completed with the U.S. although such investments may not be in the name of
Post Office’s standard two-letter abbreviation. For a candidate.
example, Ohio would appear as OH.
A check from a contributor that is returned because
The Check Number block should be completed with of insufficient funds should be itemized on this form,
the number of the committee check used to make the stating the name, address, amount and reason.
expenditure. Expenditures made by personal check
should not be listed on this form. The total expenditures for each fund-raising event
should be transferred to this form. A transfer is done
Copies of canceled checks or receipts for all expenses by placing the words, “Expenditures from Form 31-F”
more than $25 must be attached to the report. A copy in the To Whom Paid block along with the amount in
of the bank statement may be used for bank charges the amount block.
more than $25. In the event that the report is due
before checks are available, note within the report Any independent expenditures made by a campaign
which checks are outstanding. As soon as the checks committee, political party, legislative campaign
are available, they should be filed as an addendum committee, PAC or political contributing entity must
to the report. The addendum should either bear a be itemized on Form 31-U.
cover letter or a report cover page clearly indicating
what committee is filing and what type of addendum The total of all Statement of Expenditures pages
is being filed. Do not wait until the next reporting should appear on line 5 of the cover page.
period to file the addendum to the former report. Do
not attach checks from one report to a report from a
different reporting period.
Due: Ten days after declaration of candidacy, nominating petition, or declaration of intent to be a write-in is filed.
to appear on the ballot in the year ___________ states the office sought is:
___a municipal office that pays an annual amount of compensation of five thousand dollars or less;
___a member of a board of education except member of the state board of education; or
The undersigned attests that the campaign committee will not accept total aggregate contributions that exceed
two thousand dollars from all contributors nor more than one hundred dollars from any single individual contrib-
utor and will not make total expenditures in excess of two thousand dollars during any election period. Therefore
the committee is not required to file any campaign finance reports otherwise required to be filed by R.C.
3517.10(A).
If the committee exceeds these limits, the committee is responsible to report all contributions received and
expenditures made from the time the candidate filed the candidacy petition on the next required finance state-
ment to be filed under R.C. 3517.10(A).
This statement made under the penalty of election falsification. Whoever commits election falsification is
guilty of a felony of the fifth degree.
____________________________________________________
Print Treasurer’s or Deputy Treasurer’s Name
____________________________________________________ __________________
Treasurer’s or Deputy Treasurer’s Signature Date
31-C
R.C. 3517.10 Page ________
Statement of Loans Received
Prescribed by Secretary of State 3/05
Employer/Occupation/Labor Organization* M D Y M D Y
Employer/Occupation/Labor Organization* M D Y M D Y
Employer/Occupation/Labor Organization* M D Y M D Y
* Required for contributions from individuals over $100 to statewide and general assembly candidates. If contributor is self-employed, the occupation and the name of
the individual’s business, if any, rather than employer should be listed. If two or more employees contribute via payroll deduction and exceed the aggregate of $100, the
labor organization of which the employees are members, if any, must also appear. [R.C. 3517.10(B)(4)]
If a loan is forgiven, write “Forgiven” in the “Outstanding Balance” space. Transfer total of all loans received this period to the Statement of Other
Income (Form No. 31-A-2). Transfer total of all payments made in this period to the Statement of Expenditures (Form No. 31-B). Transfer Outstanding
Balance to the Cover page (Form No. 30-A).
2
Total received this period $_________________________ (To Form No. 31-A-2)
3
Total payments this period $ ___________________________ (To Form No. 31-B)
4
Total Outstanding Balance $ ___________________________ (To Form No. 30-A)
Forms and Instructions
The Statement of Loans Received is used when money If a loan is received from a state or FSL PAC, write
is loaned to a committee that is to be repaid. A loan the PAC registration number in the PAC Registration
is put into the committee’s separate bank account. Number block.
If money is owed on an item or service, it is a debt,
not a loan and should be reported on the Statement If the campaign committee of a statewide or general
of Outstanding Debt (Form 31-N). Funds loaned to a assembly candidate receives a loan over $100
committee by the candidate that are still outstanding from an individual, the employer/occupation/
at the end of a reporting period must be reported on labor organization block must be completed. If the
this form in order for the candidate to be repaid at a individual is self-employed, the occupation and the
later date. Amounts listed as a contribution cannot be name of the individual’s business, if any, rather than
listed later as loans. [R.C. 3517.01(B)(5), 3517.13(O)]. the employer must be listed.
The loan form tracks the status of an incoming loan The State block should be completed with the U.S.
from the time it is first received until it is either repaid Post Office’s standard two-letter abbreviation. For
or forgiven. For example, if a loan is received in one example, use ‘OH’ for Ohio.
reporting period and not repaid for several years,
every time a report is filed the loan will appear as The Date block should be completed with six digits.
outstanding even if there was no current period For example, March 9, 2009, would appear as
activity. 03 09 09.
Additional loans received from and payments The total amount of all new loans received within
made to the same source should be reflected in the the reporting period must be transferred to the
original loan box. If a $1,000 loan was previously Statement of Other Income (Form 31-A-2). The total
received from an individual and then subsequently of all payments made during the reporting period is
an additional $500 loan was received from the same transferred to the Statement of Expenditures (Form
source, the additional loan should be reported in the 31-B). A transfer is done by placing the words “Loan
Loans Received this Period block of the original loan. transfer from Form no. 31-C” in one of the lines
It should not be listed as a new loan. marked Full Name or “Total loan payments made
from Form no. 31-C” in one of the lines marked
The Date Originally Incurred space will remain the To Whom Paid, as appropriate to the situation. The
same every time the loan appears. total of all outstanding loans owed by the committee
should appear on line 9 on the cover page.
When a loan is first received, the Prior Amount
block will be blank. Thereafter, the Amount Incurred
This Period space will generally be left blank unless
interest or additional loans from the same source
are added onto the outstanding balance of a loan. If
a loan is forgiven, write the word “Forgiven” in the
Outstanding Balance space.
Note: If committee received deposits from corporations or labor organizations, report must
be filed electronically with secretary of state. Page Total $ ________
Forms and Instructions
This form is only to be used by a state or county A deposit received from a statewide PAC must list its
political party. A state or county political party must registration number. A deposit from a Federal PAC
deposit into its restricted fund all public moneys may include the Federal PAC registration number. The
received from the Ohio political party fund under registration number block may also be used to list that
R.C. 3517.17. Deposits from corporations and labor a deposit was received from a political contributing
organizations to a political party restricted fund are entity (PCE) or local PAC, both of which do not have a
permitted as long as they do not exceed $10,000 in a registration number.
calendar year. The political party restricted fund may
also accept deposits from sources other than public You should not list the names of two donors in the
funds, corporations or labor organizations. Name of the Donor field. Each deposit received from
individuals must be attributed to a single person.
For reporting purposes, political party restricted fund When a check has more than one individual listed on
donations are “deposits” not “contributions.” it, ask who the actual donor is or list the person who
signed the check. (O.A.C. 111-5-21)
If a county political party accepts corporation or labor
deposits into its restricted fund, the county political Donors may not remain anonymous by request. If a
party must file all reports for that fund by electronic donor does not want to be identified, the donation
means with the secretary of state. [R.C. 3517.1012(B)] should not be made. However, if an anonymous
donation is received, efforts must be made by
You must list on the Statement of Political Party the committee to identify the donor. If the efforts
Restricted Fund Deposits all money received into a are unsuccessful, the donation should have an
political party’s restricted fund except interest income, explanation of the circumstances that caused it to
loans, refunds or prior expenditures that are returned be anonymous and a description of the efforts made
to the committee [R.C. 3517.10(B), (D)] [These should to determine the donor’s identity. This information
be listed on the Statement of Other Income (Form should appear in the address portion of the deposit
31-A-2)]. page entry.
Every donor’s name and the amount given must be Moneys in a state or county political party restricted
listed. Political parties are exempt from listing donor’s fund may only be disbursed to pay costs incurred for
addresses. The treasurer must still keep records of any the categories specified in R.C. 3517.18(A). All
these donor’s addresses even if they are not required disbursements from a political party restricted fund
in the report. should be reported on Statement of Political Party
Restricted Fund Disbursements (Form 31-M). A list of
The State block should be completed with the U.S. permitted disbursement categories is at the bottom of
Post Office’s standard two-letter abbreviation. For the form.
example, Ohio would appear as OH.
Political parties must report their restricted fund
The Date block should be completed with six digits. activity two times a year. The semiannual report is due
For example, March 9, 2009, would appear as by the last business day of July covering all activity
03 09 09. The date of a deposit is the date that an through the last day of June, and the annual report is
agent of the committee receives it, not the date of the due by the last business day of January covering all
bank deposit or the date on the check. activity from the first day of July through the last day
of the December of the previous year.
The form in which the deposit is received must be
indicated, such as check, cash or money order. Cash The total of restricted fund deposits received should
means currency or coin. be transferred to line 2 on the Ohio Campaign
Finance Report (Form 30-A)
The statements in this Notice are made under the penalty of election falsification. Whoever commits election
falsification is guilty of a felony of the fifth degree.
______________________________________________________________________________ _____________________________________
Signed (Candidate Signature Only) Date
Forms and Instructions
This form is only to be used by candidates for general filed under the Affidavit of Hardship must be received
assembly, statewide office and court of appeals. at the secretary of state’s office no later than the
Political action committees, political contributing applicable deadline set forth in R.C. 3517.10. The
entities, political parties, legislative campaign funds paper report should not be filed at the county board
and electioneering communication entities may not of elections. In addition, when the report is filed,
file this form. it must also be accompanied by a check or money
order made payable to the Ohio Secretary of State for
Candidates for statewide office whose campaign the fee to offset the data entry costs. The formula to
committees have $25,000 or more in expenditures determine the amount of the fee prescribed in
during the reporting period may not file this form. It is R.C. 3517.106(L) is listed on the form.
to be filed with the secretary of state’s office prior to
the filing of the report covered. The top portion of the form must be filled out listing
the name of the campaign committee, name of
The purpose of this form is to permit candidates candidate, etc. Please indicate which report this
whose campaign committees are subject to the affidavit covers, i.e. the pre-primary, the semiannual
electronic filing requirements in R.C. 3517.106 report, etc.
to affirm that filing their campaign finance reports
by electronic means would constitute a hardship This form must be notarized prior to submitting it to
for the candidate or committee. The Affidavit of the secretary of state’s office. The secretary of state’s
Hardship must be filed for each report subject to the office will not notarize this form for the candidate.
requirement to file the report by electronic means. Only the candidate can sign this form.
Once this form is filed, the campaign committee is
permitted to file the report on paper. A paper report
* Required for contributions from individuals over $100 to statewide and General Assembly candidates. If contributor is self-employed, the occupation and the name of
the individual’s business, if any, rather than employer should be listed. If two or more employees contribute via payroll deduction and exceed the aggregate of $100, the
labor organization of which the employees are members, if any, must also appear. [R.C. 3517.10(B)(4)]
Fill in the boxes below only on the last page for this event.
Transfer the Total contributions for this event to form No. 31-A. Under Full Name of Contributor state “Contributions from form No. 31-E” and list the date of the event
in the date column
The Statement of Contributions for a Social or Fund- The State block should be completed with the U.S.
Raising Event form is used when a specific event Post Office’s standard two-letter abbreviation. For
is held on a specific date. It is not uncommon for example, Ohio would appear as OH.
activity from one event to appear in more than
one report because the dates sometimes overlap a The Date block should be completed with six digits.
reporting deadline [R.C. 3517.10(B)]. For example, March 9, 2009, would appear as
03 09 09.
The date that the event was held should appear on
the line at the top of the page labeled Event Date. A contribution received from a statewide PAC must
list its registration number. A contribution from a
The treasurer is responsible for tracking everything Federal PAC may include the Federal PAC registration
received and expended regardless of whether it must number. The registration number block may also be
appear within the report. “Passing the hat” or similar used to list that a contribution was received from a
practices should not be used unless detailed records political contributing entity (PCE) or local PAC, both
are kept. Treasurers are responsible for ensuring that of which do not have a registration number.
anyone collecting contributions is properly trained to
obtain names, addresses, amounts and dates relevant The Employer/Occupation/Labor Organization block
to all contributions. Pursuant to an investigation, the must be used by Statewide or General Assembly
board of elections or secretary of state may request to candidates when they have received individual
see an itemized list of all contributors contributions greater than $100. If the contributor is
[R.C. 3517.10(D)]. self-employed, the occupation and the name of the
individual’s business, if any, rather than the employer,
Political parties are exempt from listing contributor should be provided. However, all filers may use the
addresses. block for contributions received in any amount from
a partnership or unincorporated business when the
Ongoing efforts to raise funds, such as continuous name of the person as well as the business is required
sales of T-shirts or cookbooks, are not fund-raising to be provided.
events. All contributions from such methods should
appear on the general Statement of Contributions and If public officeholders receive employee contributions
are not exempt from itemization. relative to an event, the total should be transferred
to this form from the Contributors in Officeholders’
Fund-raising events may not be combined. Each fund- Employ form. In either case, the contribution should
raising event must be reported on its own Statement be counted only once.
of Contributions Received at a Social or Fund-Raising
Event form and Statement of Expenditures for Social At the bottom of the fund-raising form is a place
or Fund-Raising Event form. to summarize the monetary activity of the event.
Only one set of these “summary boxes” should
The names and street address of contributors who be completed per event during a reporting period.
give a total of $25 or less at a particular fund-raising Place the total of all the money received relative to
event do not have to be itemized in the report. Such that particular event during the reporting period in
an entry should read “Contributors of $25 or less.” the first box. The total contributions received during
the event should be transferred to the Statement of
Do not report selling “30 tickets at $10 each.” There Contributions Received (Form 31-A) along with the
is no way to determine how many tickets one person date of the event. The second box should list the total
purchased from a statement based on ticket price of the money spent on that event during the reporting
[R.C. 3517.10(B)(4)(e)]. period.
Notice of Intent to
Make Electioneering Communication Disbursements
To be filed prior to making first disbursement for the direct costs of producing
or airing an electioneering communication.
Prescribed by Secretary of State 3/05
Street Address
THE INFORMATION CONTAINED IN THIS REPORT IS MADE UNDER THE PENALTY OF ELECTION FALSIFICATION.
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
Authorized Signature Date
Printed communications, communications broadcast Upon receipt of this Notice of Intent, the secretary
as news, or candidate debates and forums are not of state’s office will forward additional information
considered electioneering communications. Political regarding requirements for reporting electioneering
communications that are otherwise reportable as an communication activity and information on how to
expenditure or independent expenditure are also not file the statements electronically to the address listed.
considered electioneering communications.
More information about Electioneering
This form may be signed by any authorized person. Communication and connected filing requirements is
found in R.C. 3517.1011.
Address Purpose
Address Purpose
Address Purpose
Address Purpose
Address Purpose
Address Purpose
Address Purpose
Transfer total expenditures for this event to Form No. 31-B. Under the “To Whom Paid” state “Expenditures from Form 31-F” and list the date of the
event in the date column.
The Statement of Expenditures for Social or Fund- Copies of canceled checks or receipts for all expenses
Raising Events is used when a specific event is held more than $25 must be attached to the report. In
on a specific date. All money spent at the event is the event that the report is due before checks are
listed on this form. Include all expenses that were available, they should be filed as an addendum to
incurred in relation to the event even if the money the report. The addendum should either bear a cover
is spent before or after the actual date of the fund- letter or a report cover page clearly indicating what
raiser. It is not uncommon for activity from one committee is filing and what type of addendum is
event to appear in more than one report because the being filed. Do not wait until the next reporting
dates overlap a reporting deadline [R.C. 3517.08(E), period to file the addendum to the former report. Do
3517.10(B)(4)(e)]. not attach checks from one report to a report from a
different reporting period.
A street address including a zip code should appear
for each expense. Post office entries need only the If expenses are billed to a credit card, the Statement
city and state. of Expenditures should not reflect only a single entry
to the credit card company. Each underlying date,
The Date block should be completed with six digits. recipient, amount and purpose must appear. If the
For example, March 9, 2009, would appear as committee uses a credit card, a copy of the itemized
03 09 09. billing statement or credit card receipt should be
attached in addition to a copy of the canceled check
The State block should be completed with the U.S. to the credit card company.
Post Office’s standard two-letter abbreviation. For
example, Ohio would appear as OH. The total of the expenses for each fund-raising event
should be transferred to the general Statement of
The Check Number block should be completed with Expenditures.
the number of the committee check used to make the
expenditure. Expenditures made by personal check
should not be listed on this form.
The above are employees of a unit or department under the direct supervision and control of ____________________________________________, who currently holds the public office
Transfer total employee contributions to Form No. 31-A or 31-E, if received at a social or fundraising event. Under “Full Name of Contributor”
state “Total employee contributions from form No. 31-G.”
All employees in any unit or department under the Some county boards of election will accept computer
candidate’s direct supervision and control that donate printouts of employees from the county auditor’s
to that candidate must be listed on this form. The office to fulfill the needs of this form if a statement
form contains a place for the treasurer or deputy signed by the treasurer is attached attesting to the
treasurer to sign indicating that each contribution was voluntary nature of each contributor. The treasurer
voluntary. As a general rule, this need to separately should first check with the county board of elections
list employees refers only to employees over whom to determine if this is acceptable.
the officeholder has exclusive rights to appoint and
terminate [R.C. 3517.10(C), 75 OAG 017]. The Date block should be completed with six digits.
For example, March 9, 2009, would appear as
No statewide or legislative elected officers, statewide 03 09 09.
or legislative candidates, their campaign committees,
or any other person or entity shall knowingly solicit or The State block should be completed with the U.S.
accept a contribution on behalf of that candidate or Post Office’s standard two-letter abbreviation. For
that candidate’s campaign committee from employees example, Ohio would appear as OH.
whose appointing authority is or would be that
statewide or legislative official or who are or would The total on these pages is transferred to a Statement
be employed by the same public agency, department, of Contributions for a Social or Fund-Raising Event if
division or office as the statewide or legislative official received in connection with an event. Otherwise, it
[R.C. 3517.092(B), (C)]. is transferred to a regular Statement of Contributions
Received.
No county elected officers and candidates, their
campaign committees or any other person or entity,
shall knowingly solicit such contributions. Voluntary
contributions may be accepted [R.C. 3517.092].
Purpose M D Y Amount
Purpose M D Y Amount
Purpose M D Y Amount
Purpose M D Y Amount
Purpose M D Y Amount
Purpose M D Y Amount
Purpose M D Y Amount
Purpose M D Y Amount
Purpose M D Y Amount
Purpose M D Y Amount
Purpose M D Y Amount
Purpose M D Y Amount
Purpose M D Y Amount
Purpose M D Y Amount
Purpose M D Y Amount
Purpose M D Y Amount
Purpose M D Y Amount
Purpose M D Y Amount
The Establishment, Administrative and Solicitation If the PAC directly pays for the establishment,
Expenses form is used only when a corporation or administration or solicitation expenses, it may not
labor organization pays directly or sets up a separate be reimbursed by the sponsor. If the sponsoring
administrative account for expenses for its sponsored corporation or labor organization wishes to pay these
PAC that operates pursuant to R.C. 3517.082. An costs, it must either do so directly or set up a separate
example of an establishment expense would be fees account upon which the PAC may draw to pay such
paid to attorneys to form the PAC. Administrative expenses.
expenses could include items such as bookkeeping,
computer or copying equipment. Solicitation This form is filed as part of a PAC’s campaign finance
expenses are those incurred while requesting PAC report only when applicable. The total listed on this
contributions. Staff compensation and equipment form is not transferred to any other form. The total
usage expenses are only reportable when the percent of this form should not be included with the total
of PAC-related compensation or usage exceeds fifty monetary expenditures appearing on line five of the
percent of total. cover page.
Full Name of Contributor Employer, Occupation, Labor Organization* Registration Number, if PAC
l YES l NO
Full Name of Contributor Employer, Occupation, Labor Organization* Registration Number, if PAC
l YES l NO
Full Name of Contributor Employer, Occupation, Labor Organization* Registration Number, if PAC
l YES l NO
Full Name of Contributor Employer, Occupation, Labor Organization* Registration Number, if PAC
l YES l NO
Full Name of Contributor Employer, Occupation, Labor Organization* Registration Number, if PAC
l YES l NO
Full Name of Contributor Employer, Occupation, Labor Organization* Registration Number, if PAC
l YES l NO
Full Name of Contributor Employer, Occupation, Labor Organization* Registration Number, if PAC
l YES l NO
Full Name of Contributor Employer, Occupation, Labor Organization* Registration Number, if PAC
l YES l NO
* Required for contributions from individuals over $100 to statewide and general assembly candidates. If contributor is self-employed, the occupation and name of the
individual’s business, if any, rather than employer should be listed. If two or more employees contribute via payroll deduction and exceed the aggregate of $100, the
labor organization of which the employees are members, if any, must also appear. [R.C. 3517.10(B)(4)]
The In-Kind Contributions Received form is used to The Employer/Occupation/Labor Organization block
report when the committee receives items or services. must be used by statewide or general assembly
For example, if someone donates postage stamps candidates when they have received individual
for use by the committee, the form would show on contributions greater than $100. If the contributor is
what date they were received, the name and street self-employed, the occupation and the name of the
address of who gave them, that it was stamps that individual’s business, if any, rather than the employer,
were received and the fair market value. The date should be provided. However, all filers may use the
that should be used is the date on which the item block for contributions received in any amount from
was received or benefit occurred [R.C. 3517.01(B)(5), a partnership or unincorporated business when the
3517.10(B)(4)]. name of the person as well as the business is required
to be provided.
This form is also used when items or services are
purchased by the candidate or someone else on In-kinds should not be included in monetary totals
behalf of the committee and for which reimbursement reflected on lines 1 through 6 of the cover page.
is not requested or desired (“out of pocket” expenses). Contributions of items or services to candidates’
committees or ballot issues that were not coordinated
The Date block should be completed with six digits. in some manner with the committee are not
For example, March 9, 2009, would appear as considered to be in-kind contributions and should not
03 09 09. be reported by the recipient. The donor reports them
as independent expenditures.
The State block should be completed with the U.S.
Post Office’s standard two-letter abbreviation. For The total of all in-kind contributions received should
example, Ohio would appear as OH. appear on line 7 on the cover page.
Recipient Committee
Recipient Committee
Recipient Committee
Recipient Committee
Recipient Committee
Recipient Committee
Recipient Committee
The In-Kind Contributions Made form is used to Contributions of items or services to a candidate’s
report that an item or service was given to another committee or a ballot issue that were not coordinated
committee or used for its benefit. An in-kind in some manner with the recipient are not considered
contribution occurs when the contributor gives up to be in-kind contributions. The donor should report
something or accepts the bill for something. them as independent expenditures.
The Date block should be completed with six digits. The total of all in-kinds made should be transferred
For example, March 9, 2009, would appear as to line 8 on the cover page. In-kinds made usually
03 09 09. are not included in monetary totals reflected on lines
1 through 6 of the cover page. (Example, committee
The State block should be completed with the U.S. A gives committee B a computer they no long use.)
Post Office’s standard two-letter abbreviation. For However if the in-kind item involved the outlay of
example, Ohio would appear as OH. money, then a corresponding expenditure entry
should appear on the Statement of Expenditures form.
The Fair Market Value is either the amount of (Example, committee A buys a computer and gives it
money spent on the item or service given to another to committee B.)
committee or the value the item or service would cost
if purchased.
R.C. 3517.10
M D Y
M D Y
M D Y
M D Y
M D Y
M D Y
If a loan is forgiven, write “Forgiven” in the “Outstanding Balance” space. Transfer total of all loans made this period to the Statement of Expenditures (Form No. 31-B). Transfer total of all pay-
ments received in this period to the Statement of Other Income (Form No. 31-A-2). Transfer Total Outstanding Balance to the cover page.
Total Payments Received this Period $ _______________________ (also record on Forms 31-A-2)
Forms and Instructions
The Statement of Loans Made form is used only if The Date block should be completed with six digits.
money is loaned to another committee. It tracks the For example, March 9, 2009, would appear as
status of the loan from the time it is first made until 03 09 09.
it is either repaid or forgiven. For example, if a loan
is given in one reporting period and not repaid, then The total of all new loans made should be transferred
every time a report is filed the loan will appear as to the Statement of Expenditures. The total of all
outstanding, even though there was no activity during payments received should be transferred to the
the current period. Statement of Other Income. A transfer is done by
placing the words “Total of loans made from Form no.
The State block should be completed with the U.S. 31-K” or “Total loan payments received from Form
Post Office’s standard two-letter abbreviation. For no. 31-K,” as appropriate to the situa¬tion. If the
example, Ohio would appear as OH. loan is forgiven, write “Forgiven” in the Outstanding
Balance space. The total of all outstanding loans
made should appear on line 11 on the cover page.
To Whom Paid
To Whom Paid
To Whom Paid
To Whom Paid
To Whom Paid
To Whom Paid
1R.C. 3517.18 limits the purposes for which monies from the Ohio Political Party Fund may be used. R.C. 3517.1012 limits the purposes for which monies from the
Political Party Restricted Fund may be used. Designate in this block the relevant category number for each disbursement, as follows:
1) Political party headquarters operation costs including transfers to state party’s Public Funds account;
2) Voter registration activities;
3) Get-out-the-vote activities;
4) Administration of political party fundraising (Separate office account required. Not for campaign related fundraising.);
5) Advertisements encouraging public support for income tax checkoff program;
6) Communications with registered voters not related to any particular candidate or election;
7) Preparation of reports required by law;
Ohio Political Party Fund/Restricted Fund monies are prohibited from being used for certain purposes, including to further the election or
defeat of any particular candidate or ballot issue. Copies of paid receipts or canceled checks for all expenditures of more
than $25 must be attached.
Note: If committee received deposits from corporations or labor organizations, report must be filed electronically
with Secretary of State.
Page Total $ ________
Forms and Instructions
This form is to be used only by state and county The Date block should be completed with six digits.
political parties. For example, March 9, 2009, would appear as
03 09 09.
Any money disbursed from the political party
restricted fund account must be reported on this form. The State block should be completed with the U.S.
A political party may disburse the funds only for the Post Office’s standard two-letter abbreviation. For
purposes provided for in the Revised Code or allowed example, Ohio would appear as OH.
by specific Ohio Election Commission opinions. Each
disbursement must indicate the category under which The Purpose block should reflect one of the eight
it falls. The list of permitted categories is at the bottom numbers listed at the base of the page as choices.
of the form. [R.C. 3517.16-3517.18, OEC Advisory Copies of receipts or canceled checks for all
Opinions 88- 03, 88-05, 89-01, 89-02 (part), 89-06, disbursements of more than $25 must be attached.
91-02, 92-02, 94-01, 95- 01, 95-02, 98-01].
Political parties must report their restricted fund
Political Party Restricted Fund monies may not be activity two times a year. The semiannual report is due
used for the following reasons: to further the election by the last business day of July covering all activity
or defeat of any particular candidate or ballot issue, to through the last day of June, and the annual report is
pay party debts incurred as the result of any election, due by the last business day of January covering all
or to make a payment clearly in excess of the market activity from the first day of July through the last day
value of the item or service that is received for the of the December of the previous year.
payment.
The total amount of restricted fund disbursements
If a county political party accepts corporation or labor should be transferred to line 5 of the Ohio Campaign
deposits into its restricted fund, the county political Finance Report (Form 30-A)
party must file all reports for that fund by electronic
means with the Secretary of State [R.C. 3517.1012(B)]
Employer/Occupation/Labor Organization* M D Y
Employer/Occupation/Labor Organization* M D Y
Employer/Occupation/Labor Organization* M D Y
If a debt is forgiven, write “Forgiven” in the “Outstanding Balance” column. Transfer total of all payments made in this period to the Statement of Expenditures (Form No. 31-B). Total amount
forgiven should be included in the In-Kind Contributions Received (Form No. 31-J-1). Transfer total outstanding debt amount to the cover page.
Outstanding debts occur when money is owed at When a debt is first incurred, the Prior Amount block
the end of the reporting period for items or services, will be blank. Thereafter, the Amount Incurred this
and the invoice has been outstanding for 60 days or Period space will generally be left blank unless an
more. This 60-day rule is applicable only to vendors additional charge is added to the outstanding balance
and is based on standard billing cycles, not on setting of a debt.
aside or holding of invoices by creditors. If at the
end of a reporting period a candidate’s committee The State block should be completed with the U.S.
owes the candidate money for items given more Post Office’s standard two-letter abbreviation. For
than 60 days previously, the debt must be listed as example, Ohio would appear as OH.
outstanding or the candidate cannot later be repaid
[R.C. 3517.13(O)]. Date blocks should be completed with six digits. For
example, March 9, 2009, would appear as 03 09 09.
The debt form tracks the status of each debt from
the time it is first incurred until it is either repaid or If a debt is forgiven, write the word “Forgiven” in the
forgiven. If a debt is incurred in one reporting period Outstanding Balance space.
and not repaid, every report filed must continue to
The total of all payments made during the reporting
show the outstanding debt even though there was
period is transferred to the Statement of Expenditures
no activity during the current period. A corporation
(Form 31-B). The total of all debts forgiven is
engaged in business can only forgive a debt owed
transferred to the In-Kind Contributions Received
by a ballot issue committee. Forgiveness of a debt
form. The total of all out¬standing debts should
owed by a non-ballot issue committee would be a
appear on line 10 on the cover page.
contribution by the corporation and therefore illegal
(R.C. 3599.03)
*
Required for contributions from individuals over $100 to statewide and general assembly candidates. If contributor is self-employed, the occupation and the name of the
individual’s business, if any, rather than employer should be listed. If two or more employees contribute via payroll deduction
and exceed the aggregate of $100, the labor organization of which the employees are members, if any, must also appear.
[R.C. 3517.10(B)(4)]
Page Total $ ________
Forms and Instructions
This form is for use by statewide and general The Date block should be completed with six digits.
assembly candidates only. For example, March 9, 2009, would appear as
03 09 09.
Contributions received for the purpose of retiring
specific debts must be kept in a separate bank The sum of all contributions for Debt Retirement
account from other funds. should be transferred to the Statement of
Contributions Received Form No. 31-A. Under
Contributions received to retire debt may only be Full Name of Contributor on Form 31-A, state
accepted during the election period immediately “Contributions for Debt Retirement.”
following the election period during which the
obligation was incurred. (R.C. 3517.108) Excess funds remaining after the debt(s) is paid can
be donated to a 501(c) nonprofit charity or refunded
Each contribution received must indicate toward to the contributors. It cannot be donated to the Ohio
which debt it will be applied. This is reflected by Elections Commission Fund. Contributions for Debt
completion of the name of creditor block. Retirement may only be made by individuals, PACs,
political contributing entities and the campaign
The State block should be completed with the U.S. committees of other candidates.
Post Office’s standard two-letter abbreviation. For
example, Ohio would appear as OH.
City State Zip Code Form (Cash, Check, etc.) Aggregate for Year
City State Zip Code Form (Cash, Check, etc.) Aggregate for Year
City State Zip Code Form (Cash, Check, etc.) Aggregate for Year
City State Zip Code Form (Cash, Check, etc.) Aggregate for Year
City State Zip Code Form (Cash, Check, etc.) Aggregate for Year
City State Zip Code Form (Cash, Check, etc.) Aggregate for Year
City State Zip Code Form (Cash, Check, etc.) Aggregate for Year
To be filed by any federal, state and local PAC that contributes to an Ohio affiliated state or local PAC in connection with a state or local election.
An FSL PAC that makes a contribution or transfers The Date block should be completed with six digits.
funds from its federal account to an affiliated Ohio For example, March 9, 2009, would appear as
state or local PAC during a calendar year must file this 03 09 09. For contributions received during a range
report. (R.C. 3517.107) of dates, the last date on which a contribution was
received should be listed.
The name and address of any Ohio resident that
contributed to the FSL’s federal PAC should appear in The State block should be completed with the U.S.
the “Full Name of the Contributor” box. Post Office’s standard two-letter abbreviation. For
example, Ohio would appear as OH.
The aggregate total amount contributed by each
contributor must appear in the “Amount” box. The This list must be filed with the Secretary of State’s
final page should include the grand total of the office by the last business day of January of the next
amount all contributions listed in the “Grand Total” calendar year.
box.
The above are contributors doing business with ____________________________________________, or anyone authorized to enter into contracts on behalf of that state
Transfer the total contributions to Form No. 31-A and in the space marked Full Name of Contributor state “Total Contributors Doing Business with State Officials.”
* Required for contributions from individuals over $100 to statewide and general assembly candidates. If contributor is self-employed, the occupation and the name of
the individual’s business, if any, rather than employer should be listed. If two or more employees contribute via payroll deduction and exceed the aggregate of $100, the
labor organization of which the employees are members, if any, must also appear. [R.C. 3517.10(B)(4)]
This form is used only by elected statewide officials The State block should be completed with the U.S.
and general assembly members who receive Post Office’s standard two-letter abbreviation. For
contributions from persons doing business with them. example, Ohio would appear as OH.
A person doing business means anyone who The Employer/Occupation/Labor Organization block
enters into a contract with the state elected officer must be used by statewide or general assembly
completing the report or with anyone authorized candidates when they have received individual
to enter into a contract on behalf of that officer contributions greater than $100. If the contributor is
who receives payments for goods or services in the self-employed, the occupation and the name of the
aggregate of more than $5,000 in a calendar year individual’s business, if any, rather than the employer,
[R.C. 3517.10(B)(4)(f)(ii)]. should be provided.
The Date block should be completed with six digits. The total of these pages should be transferred to
For example, March 9, 2009, would appear as the general Statement of Contributions Received.
03 09 09. A transfer is done by placing the words “Total
contributions from Form no. 31-T” in one of the lines
marked Full Name of Contributor.
R.C. 3517.105
l Support
Candidate or Ballot Issue If Candidate, Office Sought
l Oppose
To Whom Paid
l Support
Candidate or Ballot Issue If Candidate, Office Sought
l Oppose
To Whom Paid
l Support
Candidate or Ballot Issue If Candidate, Office Sought
l Oppose
To Whom Paid
l Support
Candidate or Ballot Issue If Candidate, Office Sought
l Oppose
To Whom Paid
l Support
Candidate or Ballot Issue If Candidate, Office Sought
l Oppose
To Whom Paid
Street Address
To Whom Disbursed
Address M D Y Amount
To Whom Disbursed
Address M D Y Amount
To Whom Disbursed
Address M D Y Amount
To Whom Disbursed
Address M D Y Amount
1
Codes: 1 = OEC Fund 2 = Contributor Refund 3 = 501(c) Corporation
THE INFORMATION CONTAINED IN THIS REPORT IS MADE UNDER THE PENALTY OF ELECTION FALSIFICATION.
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE .
__________________________________________________
Treasurer (Print Name)
____________________________________________________________ __________________
Signature Date
To Whom Disbursed
Address M D Y Amount
To Whom Disbursed
Address M D Y Amount
To Whom Disbursed
Address M D Y Amount
To Whom Disbursed
Address M D Y Amount
To Whom Disbursed
Address M D Y Amount
To Whom Disbursed
Address M D Y Amount
To Whom Disbursed
Address M D Y Amount
1
Codes: 1 = OEC Fund 2 = Contributor Refund 3 = 501(c) Corporation
Only a legislative campaign fund (LCF) may use The full name and address of the individual or entity
this form. Any legislative campaign fund with total to whom the excess funds are given must be entered
contributions in excess of $162,500 at the close of into the appropriate blocks.
business on the seventh day before a post-general
election report is due must dis¬pose of the excess The Code block should reflect one of the allowable
amount not later than ninety days after the day the codes. A “1” should appear if the excess is given to
post-general election report is required to be filed. the Ohio Elections Commission Fund. A “2” should
Any LCF required to dispose of excess funds is appear if the excess is refunded to a contributor (up
required to file this form by the ninetieth day after the to, but not exceeding, the total contributed by that
post-general election report is required to be filed. contributor). A “3” should appear if the excess is
This form is a stand alone report and is not filed as given to a 501(c) corporation.
a part of a LCF’s regular campaign finance report
[3517.102(E)(2)]. Either the treasurer or deputy treasurer of record with
the Secretary of State’s office must sign this report. The
Date blocks should be completed with six digits. For original signature of the treasurer or deputy treasurer
example, December 3, 2009, would appear as must appear.
12 03 09.
Type of Report (place X to the left of report type) Permissive Funds Report Declaration of Filing
Day Finances
M D Y
Amended Report? l Yes l No Date of Election
Note: Any candidate who qualifies to file a Waiver of Declaration of Filing-Day Finances is not required to file this form. All candidates who do not
qualify to file a Waiver of Declaration of Filing-Day Finances must file a Declaration of Filing-Day Finances. If the candidate is also required to file
a Permissive Funds Report (see instruction page), both the Declaration of Filing-Day Finances and the Permissive Funds Report should be filed
simultaneously on this form.
THE INFORMATION CONTAINED IN THIS REPORT IS MADE UNDER THE PENALTY OF ELECTION FALSIFICATION. WHOEVER COMMITS ELECTION
FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
The office sought should be completed for all This cover page must be signed by the treasurer or
candidates. In the case of general assembly and state deputy treasurer of the campaign committee. If a
board of education candidates, the district should also treasurer was not appointed, the candidate is the
be included. treasurer. It may be helpful to designate a deputy
treasurer in the event that the treasurer is not available
The Date of Election block should be completed with to sign the report at the time of a filing deadline. The
six digits. For example, May 5, 2009, would appear as candidate cannot sign the report unless he or she
05 05 09. is the treasurer or deputy treasurer [R.C. 3517.081,
3517.10(C),(D)].
Statement of Assets
Prescribed by Secretary of State 12/97
List only assets that will be consumed or depleted in the course of the election campaign,
are available to the candidate on the petition filing deadline, and are worth $500 or more.
R.C. 3517.109(E)
This form is used to list the methods by which excess The Code block should reflect one of the allowable
funds and excess aggregate contributions were codes. A “1” should appear if the excess is given to
disposed. The excess amount disposed of may be in the Ohio Elections Commission Fund. A “2” should
the form of campaign funds or campaign assets. appear if the excess is refunded to a contributor (up
to, but not exceeding, the total contributed by that
The full name and address of the individual or entity contributor). A “3” should appear if the excess is
to which the funds or assets are given must be entered given to a 501(c) corporation.
into the appropriate blocks.
The total of all the Statement of Disposal of Excess
Date blocks should be completed with six digits. For Funds and Excess Aggregate Contributions should
example, May 20, 2009, would appear as 05 20 09. appear on line 10 of the Permissive Funds Report and
Declaration of Filing-Day Finances, Form 31-W.
If the excess given was monetary, enter the actual
dollar amount in the Value block. When disposing of
campaign assets, the Value block should reflect the
fair market value of the asset.
This form is used to establish a transition fund and designate its treasurer pursuant to R.C. § 3517.1014. A
transition fund is separate and distinct from any campaign committee a candidate or officeholder may have in
operation. Additionally, a transition fund is limited in its purpose, operation and the term of its existence.
Ohio Campaign Finance Handbook
(A) “General election” means the election held on the (F) “Political party” means any group of voters
first Tuesday after the first Monday in each November. meeting the requirements set forth in section 3517.01
of the Revised Code for the formation and existence
(B) “Regular municipal election” means the election of a political party.
held on the first Tuesday after the first Monday in
November in each odd-numbered year. (1) “Major political party” means any political
party organized under the laws of this state
(C) “Regular state election” means the election whose candidate for governor or nominees
held on the first Tuesday after the first Monday in for presidential electors received no less than
November in each even-numbered year. twenty per cent of the total vote cast for such
office at the most recent regular state election.
(D) “Special election” means any election other than
those elections defined in other divisions of this (2) “Intermediate political party” means any
section. A special election may be held only on the political party organized under the laws of this
first Tuesday after the first Monday in February, May, state whose candidate for governor or nominees
August, or November, or on the day authorized by a for presidential electors received less than
particular municipal or county charter for the holding twenty per cent but not less than ten per cent
of a primary election, except that in any year in which of the total vote cast for such office at the most
a presidential primary election is held, no special recent regular state election.
election shall be held in February or May, except as
authorized by a municipal or county charter, but may (3) “Minor political party” means any political
be held on the first Tuesday after the first Monday in party organized under the laws of this state
March. whose candidate for governor or nominees
for presidential electors received less than
(E)(1) “Primary” or “primary election” means an ten per cent but not less than five per cent of
election held for the purpose of nominating the total vote cast for such office at the most
persons as candidates of political parties for recent regular state election or which has filed
election to offices, and for the purpose of with the secretary of state, subsequent to any
electing persons as members of the controlling election in which it received less than five per
committees of political parties and as delegates cent of such vote, a petition signed by qualified
and alternates to the conventions of political electors equal in number to at least one per cent
parties. Primary elections shall be held on of the total vote cast for such office in the last
the first Tuesday after the first Monday in preceding regular state election, except that a
May of each year except in years in which a newly formed political party shall be known as
presidential primary election is held. a minor political party until the time of the first
election for governor or president which occurs
(2) “Presidential primary election” means a primary not less than twelve months subsequent to the
election as defined by division (E)(1) of this formation of such party, after which election the
section at which an election is held for the status of such party shall be determined by the
purpose of choosing delegates and alternates to vote for the office of governor or president.
the national conventions of the major political
parties pursuant to section 3513.12 of the (G) “Dominant party in a precinct” or “ dominant
Revised Code. Unless otherwise specified, political party in a precinct” means that political party
presidential primary elections are included whose candidate for election to the office of governor
in references to primary elections. In years in at the most recent regular state election at which a
which a presidential primary election is held, governor was elected received more votes than any
other person received for election to that office in (M) “Question or issue” means any question or issue
such precinct at such election. certified in accordance with the Revised Code for
placement on an official ballot at a general or special
(H) “Candidate” means any qualified person certified election to be held in this state.
in accordance with the provisions of the Revised
Code for placement on the official ballot of a primary, (N) “Elector” or “qualified elector” means a person
general, or special election to be held in this state, having the qualifications provided by law to be
or any qualified person who claims to be a write- entitled to vote.
in candidate, or who knowingly assents to being
represented as a write-in candidate by another at (O) “Voter” means an elector who votes at an
either a primary, general, or special election to be election.
held in this state.
(P) “Voting residence” means that place of residence
(I) “Independent candidate” means any candidate of an elector which shall determine the precinct in
who claims not to be affiliated with a political party, which the elector may vote.
and whose name has been certified on the office-
type ballot at a general or special election through (Q) “Precinct” means a district within a county
the filing of a statement of candidacy and nominating established by the board of elections of such county
petition, as prescribed in section 3513.257 of the within which all qualified electors having a voting
Revised Code. residence therein may vote at the same polling place.
(J) “Nonpartisan candidate” means any candidate (R) “Polling place” means that place provided for
whose name is required, pursuant to section 3505.04 each precinct at which the electors having a voting
of the Revised Code, to be listed on the nonpartisan residence in such precinct may vote.
ballot, including all candidates for judicial office, for
(S) “Board” or “board of elections” means the board
member of any board of education, for municipal or
of elections appointed in a county pursuant to section
township offices in which primary elections are not
3501.06 of the Revised Code.
held for nominating candidates by political parties,
and for offices of municipal corporations having (T) “Political subdivision” means a county, township,
charters that provide for separate ballots for elections city, village, or school district.
for these offices.
(U) “Election officer” or “election official” means any
(K) “Party candidate” means any candidate who of the following:
claims to be a member of a political party, whose
name has been certified on the office-type ballot at (1) Secretary of state;
a general or special election through the filing of a
declaration of candidacy and petition of candidate, (2) Employees of the secretary of state serving the
and who has won the primary election of the division of elections in the capacity of attorney,
candidate’s party for the public office the candidate administrative officer, administrative assistant,
seeks or is selected by party committee in accordance elections administrator, office manager, or
with section 3513.31 of the Revised Code. clerical supervisor;
(L) “Officer of a political party” includes, but is not (3) Director of a board of elections;
limited to, any member, elected or appointed, of
a controlling committee, whether representing the (4) Deputy director of a board of elections;
territory of the state, a district therein, a county,
township, a city, a ward, a precinct, or other territory, (5) Member of a board of elections;
of a major, intermediate, or minor political party.
(6) Employees of a board of elections;
(8) Employees appointed by the boards of elections was issued, which shall conform to the name in
on a temporary or part-time basis. the poll list or signature pollbook.
(V) “Acknowledgment notice” means a notice sent (2) It shows the current address of the individual
by a board of elections, on a form prescribed by to whom it was issued, which shall conform
the secretary of state, informing a voter registration to the address in the poll list or signature
applicant or an applicant who wishes to change the pollbook, except for a driver’s license or a state
applicant’s residence or name of the status of the identification card issued under section 4507.50
application; the information necessary to complete or of the Revised Code, which may show either the
update the application, if any; and if the application current or former address of the individual to
is complete, the precinct in which the applicant is to whom it was issued, regardless of whether that
vote. address conforms to the address in the poll list
or signature pollbook.
(W) “Confirmation notice” means a notice sent by
a board of elections, on a form prescribed by the (3) It shows a photograph of the individual to
secretary of state, to a registered elector to confirm whom it was issued.
the registered elector’s current address.
(4) It includes an expiration date that has not
(X) “Designated agency” means an office or agency passed.
in the state that provides public assistance or that
provides state-funded programs primarily engaged (5) It was issued by the government of the United
in providing services to persons with disabilities and States or this state.
that is required by the National Voter Registration
Act of 1993 to implement a program designed and 3501.05 Duties and powers of secretary of state
administered by the secretary of state for registering
voters, or any other public or government office or The secretary of state shall do all of the following:
agency that implements a program designed and
(A) Appoint all members of boards of elections;
administered by the secretary of state for registering
voters, including the department of job and family (B) Issue instructions by directives and advisories in
services, the program administered under section accordance with section 3501.053 of the Revised
3701.132 of the Revised Code by the department Code to members of the boards as to the proper
of health, the department of mental health, the methods of conducting elections.
department of mental retardation and developmental
disabilities, the rehabilitation services commission, (C) Prepare rules and instructions for the conduct of
and any other agency the secretary of state designates. elections;
“Designated agency” does not include public high
schools and vocational schools, public libraries, or (D) Publish and furnish to the boards from time to
the office of a county treasurer. time a sufficient number of indexed copies of all
election laws then in force;
(Y) “National Voter Registration Act of 1993” means
the “National Voter Registration Act of 1993,” 107 (E) Edit and issue all pamphlets concerning proposed
Stat. 77, 42 U.S.C.A. 1973gg. laws or amendments required by law to be submitted
to the voters;
(Z) “Voting Rights Act of 1965” means the “Voting
Rights Act of 1965,” 79 Stat. 437, 42 U.S.C.A. 1973, (F) Prescribe the form of registration cards, blanks,
as amended. and records;
(AA) “Photo identification” means a document that (G) Determine and prescribe the forms of ballots
meets each of the following requirements: and the forms of all blanks, cards of instructions,
pollbooks, tally sheets, certificates of election,
(1) It shows the name of the individual to whom it and forms and blanks required by law for use by
candidates, committees, and boards; various counties, a tabulation of the votes in the
several political subdivisions, and other information
(H) Prepare the ballot title or statement to be placed and recommendations relative to elections the
on the ballot for any proposed law or amendment to secretary of state considers desirable;
the constitution to be submitted to the voters of the
state; (P) Prescribe and distribute to boards of elections a list
of instructions indicating all legal steps necessary to
(I) Except as otherwise provided in section 3519.08 petition successfully for local option elections under
of the Revised Code, certify to the several boards the sections 4301.32 to 4301.41, 4303.29, 4305.14, and
forms of ballots and names of candidates for state 4305.15 of the Revised Code;
offices, and the form and wording of state referendum
questions and issues, as they shall appear on the (Q) Adopt rules pursuant to Chapter 119. of the
ballot; Revised Code for the removal by boards of elections
of ineligible voters from the statewide voter
(J) Except as otherwise provided in division (I)(2)(b) registration database and, if applicable, from the
of section 3501.38 of the Revised Code, give final poll list or signature pollbook used in each precinct,
approval to ballot language for any local question or which rules shall provide for all of the following:
issue approved and transmitted by boards of elections
under section 3501.11 of the Revised Code; (1) A process for the removal of voters who have
changed residence, which shall be uniform,
(K) Receive all initiative and referendum petitions on nondiscriminatory, and in compliance with
state questions and issues and determine and certify the Voting Rights Act of 1965 and the National
to the sufficiency of those petitions; Voter Registration Act of 1993, including
a program that uses the national change of
(L) Require such reports from the several boards as are address service provided by the United States
provided by law, or as the secretary of state considers postal system through its licensees;
necessary;
(2) A process for the removal of ineligible voters
(M) Compel the observance by election officers in the under section 3503.21 of the Revised Code;
several counties of the requirements of the election
laws; (3) A uniform system for marking or removing the
name of a voter who is ineligible to vote from
(N)(1) Except as otherwise provided in division (N) the statewide voter registration database and,
(2) of this section, investigate the administration if applicable, from the poll list or signature
of election laws, frauds, and irregularities in pollbook used in each precinct and noting the
elections in any county, and report violations reason for that mark or removal.
of election laws to the attorney general or
prosecuting attorney, or both, for prosecution; (R) Prescribe a general program for registering voters
or updating voter registration information, such as
(2) On and after August 24, 1995, report a failure name and residence changes, by boards of elections,
to comply with or a violation of a provision designated agencies, offices of deputy registrars of
in sections 3517.08 to 3517.13, 3517.17, motor vehicles, public high schools and vocational
3517.18, 3517.20 to 3517.22, 3599.03, or schools, public libraries, and offices of county
3599.031 of the Revised Code, whenever the treasurers consistent with the requirements of section
secretary of state has or should have knowledge 3503.09 of the Revised Code;
of a failure to comply with or a violation of a
provision in one of those sections, by filing a (S) Prescribe a program of distribution of voter
complaint with the Ohio elections commission registration forms through boards of elections,
under section 3517.153 of the Revised Code; designated agencies, offices of the registrar and
deputy registrars of motor vehicles, public high
(O) Make an annual report to the governor containing schools and vocational schools, public libraries, and
the results of elections, the cost of elections in the
(T) To the extent feasible, provide copies, at no cost (Y) Publish a report on a web site of the office of the
and upon request, of the voter registration form in secretary of state not later than one month after the
post offices in this state; completion of the canvass of the election returns
for each primary and general election, identifying,
(U) Adopt rules pursuant to section 111.15 of the by county, the number of absent voter’s ballots cast
Revised Code for the purpose of implementing the and the number of those ballots that were counted,
program for registering voters through boards of and the number of provisional ballots cast and the
elections, designated agencies, and the offices of number of those ballots that were counted, for that
the registrar and deputy registrars of motor vehicles election. The secretary of state shall maintain the
consistent with this chapter; information on the web site in an archive format for
each subsequent election.
(V) Establish the full-time position of Americans with
Disabilities Act coordinator within the office of the (Z) Conduct voter education outlining voter
secretary of state to do all of the following: identification, absent voters ballot, provisional ballot,
and other voting requirements;
(1) Assist the secretary of state with ensuring that
there is equal access to polling places for (AA) Establish a procedure by which a registered
persons with disabilities; elector may make available to a board of elections
a more recent signature to be used in the poll list
(2) Assist the secretary of state with ensuring that or signature pollbook produced by the board of
each voter may cast the voter’s ballot in a elections of the county in which the elector resides;
manner that provides the same opportunity for
access and participation, including privacy and (BB) Disseminate information, which may include all
independence, as for other voters; or part of the official explanations and arguments,
by means of direct mail or other written publication,
(3) Advise the secretary of state in the development broadcast, or other means or combination of means,
of standards for the certification of voting as directed by the Ohio ballot board under division
machines, marking devices, and automatic (F) of section 3505.062 of the Revised Code, in order
tabulating equipment. to inform the voters as fully as possible concerning
each proposed constitutional amendment, proposed
(W) Establish and maintain a computerized statewide
law, or referendum;
database of all legally registered voters under section
3503.15 of the Revised Code that complies with the (CC) Perform other duties required by law.
requirements of the “Help America Vote Act of 2002,”
Pub. L. No. 107-252, 116 Stat. 1666, and provide Whenever a primary election is held under
training in the operation of that system; section 3513.32 of the Revised Code or a
special election is held under section 3521.03
(X) Ensure that all directives, advisories, other of the Revised Code to fill a vacancy in
instructions, or decisions issued or made during the office of representative to congress, the
or as a result of any conference or teleconference secretary of state shall establish a deadline,
call with a board of elections to discuss the proper notwithstanding any other deadline required
methods and procedures for con-ducting elections, under the Revised Code, by which any or all
to answer questions regarding elections, or to discuss of the following shall occur: the filing of a
the interpretation of directives, advisories, or other declaration of candidacy and petitions or a
instructions issued by the secretary of state are posted statement of candidacy and nominating petition
on a web site of the office of the secretary of state together with the applicable filing fee; the filing
as soon as is practicable after the completion of of protests against the candidacy of any person
the conference or teleconference call, but not later filing a declaration of candidacy or nominating
than the close of business on the same day as the petition; the filing of a declaration of intent to
be a write-in candidate; the filing of campaign public libraries, and the office of a county
finance reports; the preparation of, and the treasurer shall implement voter registration
making of corrections or challenges to, precinct programs as directed by the secretary of state
voter registration lists; the receipt of applications pursuant to this section.
for absent voter’s ballots or armed service
absent voter’s ballots; the supplying of election 3517.01 Definitions
materials to precincts by boards of elections;
the holding of hearings by boards of elections (A)(1) A political party within the meaning of Title
to consider challenges to the right of a person XXXV of the Revised Code is any group of voters
to appear on a voter registration list; and the that, at the most recent regular state election,
scheduling of programs to instruct or reinstruct polled for its candidate for governor in the state
election officers. or nominees for presidential electors at least five
per cent of the entire vote cast for that office or
In the performance of the secretary of state’s that filed with the secretary of state, subsequent
duties as the chief election officer, the secretary to any election in which it received less than
of state may administer oaths, issue subpoenas, five per cent of that vote, a petition signed by
summon witnesses, compel the production of qualified electors equal in number to at least
books, papers, records, and other evidence, and one per cent of the total vote for governor
fix the time and place for hearing any matters or nominees for presidential electors at the
relating to the administration and enforcement most recent election, declaring their intention
of the election laws. of organizing a political party, the name of
which shall be stated in the declaration, and of
In any controversy involving or arising out of the participating in the succeeding primary election,
adoption of registration or the appropriation of held in even-numbered years, that occurs
funds for registration, the secretary of state may, more than one hundred twenty days after the
through the attorney general, bring an action in date of filing. No such group of electors shall
the name of the state in the court of common assume a name or designation that is similar,
pleas of the county where the cause of action in the opinion of the secretary of state, to that
arose or in an adjoining county, to adjudicate of an existing political party as to confuse or
the question. mislead the voters at an election. If any political
party fails to cast five per cent of the total vote
In any action involving the laws in Title XXXV cast at an election for the office of governor or
of the Revised Code wherein the interpretation president, it shall cease to be a political party.
of those laws is in issue in such a manner that
the result of the action will affect the lawful (2) A campaign committee shall be legally liable
duties of the secretary of state or of any board for any debts, contracts, or expenditures
of elections, the secretary of state may, on the incurred or executed in its name.
secretary of state’s motion, be made a party.
(B) Notwithstanding the definitions found in section
The secretary of state may apply to any court 3501.01 of the Revised Code, as used in this section
that is hearing a case in which the secretary and sections 3517.08 to 3517.14, 3517.99, and
of state is a party, for a change of venue as a 3517.992 of the Revised Code:
substantive right, and the change of venue shall
be allowed, and the case removed to the court (1) “Campaign committee” means a candidate or a
of common pleas of an adjoining county named combination of two or more persons authorized
in the application or, if there are cases pending by a candidate under section 3517.081 of the
in more than one jurisdiction that involve the Revised Code to receive contributions and make
same or similar issues, the court of common expenditures.
pleas of Franklin county.
(2) “Campaign treasurer” means an individual
Public high schools and vocational schools, appointed by a candidate under section
(4) “Continuing association” means an association, (a) Services provided without compensation by
other than a campaign committee, political individuals volunteering a portion or all of
party, legislative campaign fund, political their time on behalf of a person;
contributing entity, or labor organization, that
is intended to be a permanent organization that (b) Ordinary home hospitality;
has a primary purpose other than supporting
or opposing specific candidates, political (c) The personal expenses of a volunteer paid for
parties, or ballot issues, and that functions on a by that volunteer campaign worker;
regular basis throughout the year. “Continuing
(d) Any gift given to a state or county political
association” includes organizations that are
party pursuant to section 3517.101 of the
determined to be not organized for profit
Revised Code. As used in division (B)(5)(d) of
under subsection 501 and that are described in
this section, “political party” means only a
subsection 501(c)(3), 501(c)(4), or 501(c)(6) of
major political party;
the Internal Revenue Code.
(e) Any contribution as defined in section
(5) “Contribution” means a loan, gift, deposit,
3517.1011 of the Revised Code that is made,
forgiveness of indebtedness, donation, advance,
received, or used to pay the direct costs
payment, or transfer of funds or anything of
of producing or airing an electioneering
value, including a transfer of funds from an inter
communication;
vivos or testamentary trust or decedent’s estate,
and the payment by any person other than (f) Any gift given to a state or county political
the person to whom the services are rendered party for the party’s restricted fund under
for the personal services of another person, division (A)(2) of section 3517.1012 of the
which contribution is made, received, or used Revised Code;
for the purpose of influencing the results of an
election. Any loan, gift, deposit, forgiveness (g) Any gift given to a state political party for
of indebtedness, donation, advance, payment, deposit in a Levin account pursuant to
or transfer of funds or of anything of value, section 3517.1013 of the Revised Code. As
including a transfer of funds from an inter vivos used in this division, “Levin account” has the
or testamentary trust or decedent’s estate, and
(17) “Independent expenditure” means an (ii) Made by or through any person who is, or
expenditure by a person advocating the has been, authorized to raise or expend
election or defeat of an identified candidate or funds, who is, or has been, an officer of
candidates, that is not made with the consent the candidate’s campaign committee, or
of, in coordination, cooperation, or consultation who is, or has been, receiving any form of
with, or at the request or suggestion of any compensation or reimbursement from the
candidate or candidates or of the campaign candidate or the candidate’s campaign
committee or agent of the candidate or committee or agent;
candidates. As used in division (B)(17) of this
section: (iii) Except as otherwise provided in division
(D) of section 3517.105 of the Revised
(a) “Person” means an individual, partnership, Code, made by a political party in support
unincorporated business organization or of a candidate, unless the expenditure is
association, political action committee, made by a political party to conduct voter
political contributing entity, separate registration or voter education efforts.
segregated fund, association, or other
organization or group of persons, but not a (e) “Agent” means any person who has actual
labor organization or a corporation unless oral or written authority, either express or
the labor organization or corporation is a implied, to make or to authorize the making
political contributing entity. of expenditures on behalf of a candidate,
or means any person who has been placed
(b) “Advocating” means any communication in a position with the candidate’s campaign
containing a message advocating election or committee or organization such that it would
defeat. reasonably appear that in the ordinary course
of campaign-related activities the person may
(c) “Identified candidate” means that the name authorize expenditures.
of the candidate appears, a photograph
or drawing of the candidate appears, or (18) “Labor organization” means a labor union;
the identity of the candidate is otherwise an employee organization; a federation of
apparent by unambiguous reference. labor unions, groups, locals, or other employee
organizations; an auxiliary of a labor union,
(19) “Separate segregated fund” means a separate (B)(1) An expenditure by a political action committee
segregated fund established pursuant to the or a political contributing entity shall not be
Federal Election Campaign Act. considered a contribution by the political
action committee or the political contributing
(20) “Federal Election Campaign Act” means the entity or an expenditure by or on behalf of the
“Federal Election Campaign Act of 1971,” 86 candidate if the purpose of the expenditure is
Stat. 11, 2 U.S.C.A. 431, et seq., as amended. to inform only its members by means of mailed
publications of its activities or endorsements.
(21) “Restricted fund” means the fund a state or
county political party must establish under (2) An expenditure by a political party shall not
division (A)(1) of section 3517.1012 of the be considered a contribution by the political
Revised Code. party or an expenditure by or on behalf of the
candidate if the purpose of the expenditure is
(22) “Electioneering communication” has the same
to inform predominantly the party’s members
meaning as in section 3517.1011 of the Revised
by means of mailed publications or other direct
Code.
communication of its activities or endorsements,
(23) “Express advocacy” means a communication or for voter contact such as sample ballots,
that contains express words advocating the absent voter’s ballots application mailings, voter
nomination, election, or defeat of a candidate registration, or get-out-the-vote activities.
or that contains express words advocating the
(C) An expenditure by a continuing association,
adoption or defeat of a question or issue, as
political contributing entity, or political party shall
determined by a final judgment of a court of
not be considered a contribution to any campaign
competent jurisdiction.
committee or an expenditure by or on behalf of
(24) “Political committee” has the same meaning as any campaign committee if the purpose of the
in section 3517.1011 of the Revised Code. expenditure is for the staff and maintenance of
the continuing association’s, political contributing
(25) “Political contributing entity” means any entity, entity’s, or political party’s headquarters, or for
including a corporation or labor organization, a political poll, survey, index, or other type of
that may lawfully make contributions and measurement not on behalf of a specific candidate.
expenditures and that is not an individual
or a political action committee, continuing (D) The expenses of maintaining a constituent office
association, campaign committee, political paid for, from the candidate’s personal funds, by a
party, legislative campaign fund, designated candidate who is a member of the general assembly
state campaign committee, or state candidate at the time of the election shall not be considered a
fund. For purposes of this division, “lawfully” contribution by or an expenditure by or on behalf
means not prohibited by any section of the of the candidate, and shall not be reported, if the
Revised Code, or authorized by a final judgment constituent office is not used for any candidate’s
of a court of competent jurisdiction. campaign activities.
contributions to the activity minus the expenditures Each candidate shall file a written statement, as
made for the activity. required by division (D) of section 3517.10 of the
Revised Code, setting forth the full name and address
(F) An expenditure that purchases goods or of the campaign treasurer and also of each deputy
services shall be attributed to an election when the treasurer. Each candidate shall file supplemental
disbursement of funds is made, rather than at the time statements giving the full name and address of each
the goods or services are used. The secretary of state, deputy treasurer at the time of appointment.
under the procedures of Chapter 119. of the Revised
Code, shall establish rules for the attribution of A candidate may remove the campaign treasurer or
expenditures to a candidate when the candidate is a any deputy campaign treasurer at any time. In the
candidate for more than one office during a reporting case of death, resignation, or removal of the treasurer
period and for expenditures made in a year in which or deputy treasurer before compliance with all
no election is held. The secretary of state shall further obligations of a campaign treasurer, the candidate
define by rule those expenditures that are or are not shall fill the vacancy thus created in the same manner
by or on behalf of a candidate. as provided in the case of an original appointment.
(G) An expenditure for the purpose of a charitable (B)(1) Two or more candidates may be the
donation may be made if it is made to an organization beneficiaries of a single campaign committee if
that is exempt from federal income taxation under all of the following apply:
subsection 501(a) and described in subsection 501(c)
(3), 501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of (a) Each candidate is seeking nomination or
the Internal Revenue Code or is approved by advisory election to the same office at the same
opinion of the Ohio elections commission as a election.
legitimate charitable organization. Each expenditure
under this division shall be separately itemized on (b) The office for which each candidate is
statements made pursuant to section 3517.10 of the seeking nomination or election is the office
Revised Code. of member of a board, commission, or other
similar body of elected officials to which
3517.081 Campaign committee; designation multiple members are nominated or elected
at the same election.
of treasurer; filing statements; beneficiaries
(c) The number of candidates who will be the
(A) Each candidate shall have no more than one
beneficiaries of the campaign committee
campaign committee for purposes of receiving
does not exceed the number of open
contributions and making expenditures. No campaign
positions on the board, commission, or other
committee shall receive any contribution or make
similar body of elected officials to which
any expenditure other than through the campaign
the candidates are seeking nomination or
treasurer. The campaign treasurer shall file all
election.
statements required of a candidate or campaign
committee under section 3517.10 of the Revised (d) The candidates jointly designate one of the
Code. candidates or one member of the campaign
committee as the treasurer of that campaign
The candidate shall designate the candidate or a
committee as required under division (A) of
member of the candidate’s campaign committee
this section.
as the candidate’s campaign treasurer as required
by division (D) of section 3517. 10 of the Revised (e) The candidates jointly file the written
Code. The campaign treasurer may appoint deputy statements required under division (A) of this
campaign treasurers as required. Deputy campaign section.
treasurers may exercise any of the powers and duties
of a campaign treasurer when specifically authorized (2) Except as otherwise provided in this division,
to do so by the campaign treasurer or the candidate. any penalty that may be imposed on a
candidate under section 3517.992 of the that campaign committee that have not been
Revised Code for a violation of this chapter expended shall be disposed of in the manner
shall be imposed jointly and severally on each provided in division (C) of section 3517.109 of
beneficiary of a multi-beneficiary campaign the Revised Code. No contributions from the
committee. If the Ohio elections commission or candidate’s individual campaign committee
the appropriate prosecutor is able to determine shall be contributed or transferred into the
that a specific beneficiary of a multi-beneficiary multi-beneficiary campaign committee.
campaign committee violated this chapter, the
applicable penalty under section 3517.992 of 3517.082 Corporation or labor organization
the Revised Code shall be imposed only on that establishing political action committee or
candidate and not on the other beneficiaries of
campaign fund; employee contributions
that multi-beneficiary campaign committee.
(A) Any corporation, any nonprofit corporation, or
(3)(a) If any of the following occur after a multi-
any labor organization may establish, administer, and
beneficiary campaign committee is established,
solicit contributions from the persons listed in division
that campaign committee shall be terminated:
(B) of this section, to either or both of the following:
(i) The beneficiaries of the campaign committee
(1) A political action committee of the corporation
disagree as to the designation or removal of a
or labor organization with respect to state and
campaign treasurer.
local elections;
(ii) Any beneficiary of the campaign committee
(2) A separate segregated fund pursuant to the
desires to end the beneficiary’s candidacy
Federal Election Campaign Act.
for the office for which the beneficiaries are
seeking nomination or election. (B)(1) A corporation and a nonprofit corporation
may solicit contributions from its stockholders,
(iii) Any beneficiary of the campaign committee
officers, directors, trustees that are not
desires to form an individual campaign
corporations or labor organizations, and
committee.
employees.
(b) Prior to the termination of a multi-beneficiary
(2) A nonprofit corporation also may solicit
campaign committee in accordance
contributions from:
with division (B)(3)(a) of this section, any
contributions received by that campaign (a) Its members that are not corporations or
committee that have not been expended labor organizations;
shall be disposed of in the manner provided
in division (C) of section 3517.109 of the (b) Officers, directors, trustees that are not
Revised Code. No contributions from the corporations or labor organizations, and
multi-beneficiary campaign committee employees of any members of the nonprofit
shall be contributed or transferred into any corporation.
candidate’s individual campaign committee.
(3) A labor organization may solicit contributions
(4) No candidate who has a campaign committee from its members, officers, and employees.
for which that candidate is the sole beneficiary
shall become the beneficiary of a campaign (C) A corporation, nonprofit corporation, or labor
committee with multiple beneficiaries under organization shall report to a political action
division (B)(1) of this section unless the committee, or to a separate segregated fund with
candidate first terminates the candidate’s respect to state and local elections, the following
individual campaign committee. Prior to costs expended by the corporation, nonprofit
the termination of that individual campaign corporation, or labor organization that are associated
committee, any contributions received by with establishing, administering, and soliciting
contributions to the political action committee or (B) of this section from whom the corporation,
separate segregated fund pursuant to division (A) of nonprofit corporation, or labor organization was
this section: not obtaining contributions for that political action
committee or separate segregated fund before the
(1) Mailing and printing expenses for direct effective date of this amendment on an automatic
solicitation of contributions pursuant to this basis pursuant to a payroll deduction plan only if the
section; individual who is contributing to that political action
(2) The portion of an employee’s salary or wages committee or separate segregated fund affirmatively
attributable to time the employee spends in consents to the contribution in writing.
activities related to establishing, administering,
and soliciting contributions to a political action (E) In addition to the laws listed in division (A) of
committee or separate segregated fund, if that section 4117.10 of the Revised Code that prevail
time exceeds during a reporting period fifty over conflicting agreements between employee
per cent of the time for which the employee organizations and public employers, this section
is compensated by the corporation, nonprofit prevails over any conflicting provisions of agreements
corporation, or labor organization; between labor organizations and public employers
that are entered into on or after the effective date of
(3) The cost associated with the purchase, lease, this amendment pursuant to Chapter 4117. of the
operation, and use of equipment for activities Revised Code.
related to establishing, administering, and
soliciting contributions to a political action 3517.09 Solicitations forbidden
committee or separate segregated fund if during
a reporting period more than fifty per cent of the (A) No person or committee shall solicit, ask,
use of the equipment is for those activities; invite, or demand, directly or indirectly, orally or
in writing, a contribution, subscription, or payment
(4) Professional fees paid by the corporation, from a candidate for nomination or election or
nonprofit corporation, or labor organization from the campaign committee of that candidate,
for establishing, administering, and soliciting and no person shall solicit, ask, invite, or demand
contributions to a political action committee or that a candidate for nomination or election or the
separate segregated fund. campaign committee of that candidate subscribe to
the support of a club or organization, buy tickets to
The political action committee shall itemize the an entertainment, ball, supper, or other meeting, or
amounts and purposes of those costs expended pay for space in a book, program, or publication. This
by the corporation, nonprofit corporation, division does not apply to any of the following:
or labor organization and file them as part
of the statement required of political action (1) Regular advertisements in periodicals having an
committees under division (A) of section established circulation;
3517.10 of the Revised Code. The separate
segregated fund with respect to state and local (2) Regular payments to civic, political, fraternal,
elections shall file with the secretary of state a social, charitable, or religious organizations
copy of the portion of each report and statement of which the candidate was a member or
required under the Federal Election Campaign contributor six months before the candidate’s
Act that applies to state and local elections at candidacy;
the same time that the entire original report is
filed in accordance with that act. (3) Regular party assessments made by a party
against its own candidates.
(D) A corporation, nonprofit corporation, or labor
organization may obtain contributions for a political (B) No person shall coerce, intimidate, or cause
action committee or a separate segregated fund under harm to another person by an act or failure to act, or
this section from an individual described in division shall threaten to coerce, intimidate, or cause harm
to another person, because that other person makes of governor, lieutenant governor, secretary
or does not make a contribution to a candidate, of state, auditor of state, treasurer of state,
campaign committee, political party, legislative attorney general, member of the state board of
campaign fund, political action committee, political education, member of the general assembly, and
contributing entity, or person making disbursements justice and chief justice of the supreme court.
to pay the direct costs of producing or airing
electioneering communications. (4) “Contribution” includes a contribution to any
political party, campaign committee, political
(C) An employer or labor organization, directly or action committee, political contributing entity,
through another person, may obtain contributions for or legislative campaign fund.
a candidate, campaign committee, political action
committee, legislative campaign fund, political (B)(1) No state elected officer, no campaign
party, or person making disbursements to pay the committee of such an officer, no employee
direct costs of producing or airing electioneering of the state elected officer’s office, and no
communications from an employee or member from other person or entity shall knowingly solicit a
whom the employer or labor organization was not contribution to a state elected officer or to such
obtaining contributions for that candidate, campaign an officer’s campaign committee, and no state
committee, political action committee, legislative elected officer and no campaign committee of
campaign fund, political party, or person making such an officer shall accept a contribution, from
disbursements to pay the direct costs of producing or any of the following:
airing electioneering communications before March
31, 2005, on an automatic basis pursuant to a payroll (a) A state employee whose appointing authority
deduction plan only if the employee or member is the state elected officer;
who is contributing to that candidate, campaign
(b) A state employee whose appointing authority
committee, political action committee, legislative
is authorized or required by law to be
campaign fund, political party, or person making
appointed by the state elected officer;
disbursements to pay the direct costs of producing or
airing electioneering communications affirmatively (c) A state employee who functions in or is
consents to the contribution in writing. employed in or by the same public agency,
department, division, or office as the state
(D) In addition to the laws listed in division (A) of
elected officer.
section 4117.10 of the Revised Code that prevail
over conflicting agreements between employee (2) No candidate for a state elective office, no
organizations and public employers, this section campaign committee of such a candidate,
prevails over any conflicting provisions of agreements no employee of the candidate’s office if the
between labor organizations and public employers candidate is a state elected officer or an elected
that are entered into on or after March 31, 2005, officer of a political subdivision of the state,
pursuant to Chapter 4117. of the Revised Code. and no other person or entity shall knowingly
solicit a contribution to a candidate for a state
3517.092 Solicitations from public elective office or to such a candidate’s campaign
employees committee, and no candidate for a state elective
office and no campaign committee of such a
(A) As used in this section: candidate shall accept a contribution, from any
of the following:
(1) “Appointing authority” has the same meaning as
in section 124.01 of the Revised Code. (a) A state employee at the time of the solicitation,
whose appointing authority will be the
(2) “State elected officer” means any person
candidate, if elected;
appointed or elected to a state elective office.
(b) A state employee at the time of the solicitation,
(3) “State elective office” means any of the offices
whose appointing authority will be appointed (c) An employee of that political subdivision at
by the candidate, if elected, as authorized or the time of the solicitation, who will function
required by law; in or be employed in or by the same public
agency, department, division, or office as the
(c) A state employee at the time of the solicitation, candidate, if elected.
who will function in or be employed in or by
the same public agency, department, division, (D)(1) No public employee shall solicit a contribution
or office as the candidate, if elected. from any person while the public employee is
performing the public employee’s official duties
(C)(1) No elected officer of a political subdivision of or in those areas of a public building where
the state, no campaign committee of such an official business is transacted or conducted.
officer, no employee of such an officer’s office,
and no other person or entity shall knowingly (2) No person shall solicit a contribution from any
solicit a contribution to an elected officer of a public employee while the public employee is
political subdivision of the state or to such an performing the public employee’s official duties
officer’s campaign committee from any of the or is in those areas of a public building where
following: official business is transacted or conducted.
(a) An employee of that political subdivision (3) As used in division (D) of this section, “public
whose appointing authority is that elected employee” does not include any person holding
officer; an elective office.
(b) An employee of that political subdivision (E) The prohibitions in divisions (B), (C), and (D)
whose appointing authority is authorized of this section are in addition to the prohibitions
or required by law to be appointed by that in sections 124.57, 3304.22, and 4503.032 of the
elected officer; Revised Code.
(c) An employee of that political subdivision 3517.10 Times for filing statement of
who functions in or is employed in or by the contributions and expenditures; contents;
same public agency, department, division, or
office as that elected officer. appointment of treasurer
(2) No candidate for an elective office of a (A) Except as otherwise provided in this division,
political subdivision of the state, no campaign every campaign committee, political action
committee of such a candidate, no employee of committee, legislative campaign fund, political party,
the candidate’s office if the candidate is a state and political contributing entity that made or received
elected officer or elected officer of a political a contribution or made an expenditure in connection
subdivision of the state, and no other person or with the nomination or election of any candidate or
entity shall knowingly solicit a contribution to in connection with any ballot issue or question at any
a candidate for an elective office of a political election held or to be held in this state shall file, on
subdivision of the state or to such a candidate’s a form prescribed under this section or by electronic
campaign committee from any of the following: means of transmission as provided in this section
and section 3517.106 of the Revised Code, a full,
(a) An employee of that political subdivision at true, and itemized statement, made under penalty
the time of the solicitation, whose appointing of election falsification, setting forth in detail the
authority will be the candidate, if elected; contributions and expenditures, not later than four
p.m. of the following dates:
(b) An employee of that political subdivision at
the time of the solicitation, whose appointing (1) The twelfth day before the election to reflect
authority will be appointed by the candidate, contributions received and expenditures made
if elected, as authorized or required by law; from the close of business on the last day
reflected in the last previously filed statement,
if any, to the close of business on the twentieth required by division (A)(2) of this section for
day before the election; the earlier election if the pregeneral election
statement reflects the status of contributions and
(2) The thirty-eighth day after the election to reflect expenditures for the period twenty days before
the contributions received and expenditures the earlier election to twenty days before the
made from the close of business on the last day general election.
reflected in the last previously filed statement, if
any, to the close of business on the seventh day If a person becomes a candidate less than
before the filing of the statement; twenty days before an election, the candidate’s
campaign committee is not required to file the
(3) The last business day of January of every statement required by division (A)(1) of this
year to reflect the contributions received and section.
expenditures made from the close of business
on the last day reflected in the last previously No statement under division (A)(3) of this
filed statement, if any, to the close of business section shall be required for any year in
on the last day of December of the previous which a campaign committee, political action
year; committee, legislative campaign fund, political
party, or political contributing entity is required
(4) The last business day of July of every year to file a postgeneral election statement under
to reflect the contributions received and division (A)(2) of this section. However, a
expenditures made from the close of business statement under division (A)(3) of this section
on the last day reflected in the last previously may be filed, at the option of the campaign
filed statement, if any, to the close of business committee, political action committee,
on the last day of June of that year. legislative campaign fund, political party, or
political contributing entity.
A campaign committee shall only be required
to file the statements prescribed under divisions No campaign committee of a candidate for
(A)(1) and (2) of this section in connection with the office of chief justice or justice of the
the nomination or election of the committee’s supreme court, and no campaign committee of
candidate. a candidate for the office of judge of any court
in this state, shall be required to file a statement
The statement required under division (A) under division (A)(4) of this section.
(1) of this section shall not be required of
any campaign committee, political action Except as otherwise provided in this paragraph
committee, legislative campaign fund, political and in the next paragraph of this section, the
party, or political contributing entity that has only campaign committees required to file a
received contributions of less than one thousand statement under division (A)(4) of this section
dollars and has made expenditures of less than are the campaign committee of a statewide
one thousand dollars at the close of business candidate and the campaign committee of
on the twentieth day before the election. Those a candidate for county office. The campaign
contributions and expenditures shall be reported committee of a candidate for any other
in the statement required under division (A)(2) nonjudicial office is required to file a statement
of this section. under division (A)(4) of this section if that
campaign committee receives, during that
If an election to select candidates to appear period, contributions exceeding ten thousand
on the general election ballot is held within dollars.
sixty days before a general election, the
campaign committee of a successful candidate No statement under division (A)(4) of this
in the earlier election may file the statement section shall be required of a campaign
required by division (A)(1) of this section for committee, a political action committee, a
the general election instead of the statement legislative campaign fund, a political party,
or a political contributing entity for any year during that period to equal or exceed ten
in which the campaign committee, political thousand dollars and each time the campaign
action committee, legislative campaign fund, committee of a candidate for the office of chief
political party, or political contributing entity is justice or justice of the supreme court receives a
required to file a postprimary election statement contribution from a contributor that causes the
under division (A)(2) of this section. However, aggregate amount of contributions received from
a statement under division (A)(4) of this section that contributor during that period to exceed
may be filed at the option of the campaign ten thousand dollars, the campaign committee
committee, political action committee, shall file a two-business-day statement reflecting
legislative campaign fund, political party, or that contribution. During the period beginning
political contributing entity. on the nineteenth day before a primary election
in which a candidate for statewide office seeks
No statement under division (A)(3) or (4) of nomination to office and extending through
this section shall be required if the campaign the day of that primary election, each time
committee, political action committee, either the campaign committee of a statewide
legislative campaign fund, political party, or candidate in that primary election that files
political contributing entity has no contributions a notice under division (C)(1) of section
that it has received and no expenditures that 3517.103 of the Revised Code or the campaign
it has made since the last date reflected in committee of a statewide candidate in that
its last previously filed statement. However, primary election to which, in accordance with
the campaign committee, political action division (D) of section 3517.103 of the Revised
committee, legislative campaign fund, political Code, the contribution limitations prescribed
party, or political contributing entity shall file in section 3517.102 of the Revised Code no
a statement to that effect, on a form prescribed longer apply receives a contribution from a
under this section and made under penalty contributor that causes the aggregate amount
of election falsification, on the date required of contributions received from that contributor
in division (A)(3) or (4) of this section, as during that period to exceed ten thousand
applicable. dollars, the campaign committee shall file
a two-business-day statement reflecting that
The campaign committee of a statewide contribution. Contributions reported on a two-
candidate shall file a monthly statement of business-day statement required to be filed by a
contributions received during each of the campaign committee of a statewide candidate
months of July, August, and September in in a primary election shall also be included in
the year of the general election in which the the postprimary election statement required
candidate seeks office. The campaign committee to be filed by that campaign committee under
of a statewide candidate shall file the monthly division (A)(2) of this section. A two-business-
statement not later than three business days day statement required by this paragraph shall
after the last day of the month covered by the be filed not later than two business days after
statement. During the period beginning on the receipt of the contribution. The statements
nineteenth day before the general election in required by this paragraph shall be filed in
which a statewide candidate seeks election addition to any other statements required by this
to office and extending through the day of section.
that general election, each time the campaign
committee of the joint candidates for the Subject to the secretary of state having
offices of governor and lieutenant governor implemented, tested, and verified the successful
or of a candidate for the office of secretary operation of any system the secretary of state
of state, auditor of state, treasurer of state, or prescribes pursuant to divisions (C)(6)(b) and
attorney general receives a contribution from a (D)(6) of this section and division (H)(1) of
contributor that causes the aggregate amount section 3517.106 of the Revised Code for
of contributions received from that contributor the filing of campaign finance statements by
(b)(i) The full name and address of each person, (c) A description of the contribution received, if
political party, campaign committee, other than money;
(d) The value in dollars and cents of the As used in this paragraph, “other income”
contribution; means a loan, investment income, or interest
income.
(e) A separately itemized account of all
contributions and expenditures regardless (f) In the case of a campaign committee of
of the amount, except a receipt of a a state elected officer, if a person doing
contribution from a person in the sum of business with the state elected officer
twenty-five dollars or less at one social in the officer’s official capacity makes a
or fund-raising activity and a receipt of a contribution to the campaign committee of
contribution transmitted pursuant to section that officer, the information required under
3599.031 of the Revised Code from amounts division (B)(4) of this section in regard to that
deducted from the wages and salaries of contribution, which shall be filed together
employees if the contribution from the with and considered a part of the committee’s
amount deducted from the wages and salary statement of contributions as required under
of any one employee is twenty-five dollars division (A) of this section but shall be filed
or less aggregated in a calendar year. An on a separate form provided by the secretary
account of the total contributions from each of state. As used in this division:
social or fund-raising activity shall include
a description of and the value of each in- (i) “State elected officer” has the same
kind contribution received at that activity meaning as in section 3517.092 of the
from any person who made one or more Revised Code.
such contributions whose aggregate value
exceeded two hundred fifty dollars and (ii) “Person doing business” means a person
shall be listed separately, together with the or an officer of an entity who enters into
expenses incurred and paid in connection one or more contracts with a state elected
with that activity. A campaign committee, officer or anyone authorized to enter
political action committee, legislative into contracts on behalf of that officer to
campaign fund, political party, or political receive payments for goods or services,
contributing entity shall keep records of if the payments total, in the aggregate,
contributions from each person in the amount more than five thousand dollars during a
of twenty-five dollars or less at one social or calendar year.
fund-raising activity and contributions from
(5) A statement of expenditures which shall include
amounts deducted under section 3599.031 of
the following information:
the Revised Code from the wages and salary
of each employee in the amount of twenty- (a) The month, day, and year of the expenditure;
five dollars or less aggregated in a calendar
year. No continuing association that is (b) The full name and address of each person,
recognized by a state or local committee of a political party, campaign committee,
political party as an auxiliary of the party and legislative campaign fund, political action
that makes a contribution from funds derived committee, or political contributing entity
solely from regular dues paid by members to whom the expenditure was made and the
of the auxiliary shall be required to list the registration number assigned to the political
name or address of any members who paid action committee under division (D)(1) of this
those dues. section;
Contributions that are other income shall (c) The object or purpose for which the
be itemized separately from all other expenditure was made;
contributions. The information required
under division (B)(4) of this section shall (d) The amount of each expenditure.
be provided for all other income itemized.
(C)(1) The statement of contributions and expenditures for the purpose of bringing about the person’s
shall be signed by the person completing nomination or election to public office, shall
the form. If a statement of contributions and file the statement or statements prescribed by
expenditures is filed by electronic means of this section and a termination statement, if
transmission pursuant to this section or section applicable. Division (C)(5) of this section does
3517.106 of the Revised Code, the electronic not apply to any person with respect to an
signature of the person who executes the election to the offices of member of a county or
statement and transmits the statement by state central committee, presidential elector, or
electronic means of transmission, as provided in delegate to a national convention or conference
division (H) of section 3517.106 of the Revised of a political party.
Code, shall be attached to or associated with the
statement and shall be binding on all persons (6)(a) The statements required to be filed under this
and for all purposes under the campaign finance section shall specify the balance in the hands
reporting law as if the signature had been of the campaign committee, political action
handwritten in ink on a printed form. committee, legislative campaign fund, political
party, or political contributing entity and the
(2) The person filing the statement, under penalty disposition intended to be made of that balance.
of election falsification, shall include with it
a list of each anonymous contribution, the (b) The secretary of state shall prescribe the form
circumstances under which it was received, and for all statements required to be filed under
the reason it cannot be attributed to a specific this section and shall furnish the forms to the
donor. boards of elections in the several counties.
The boards of elections shall supply printed
(3) Each statement of a campaign committee of a copies of those forms without charge.
candidate who holds public office shall contain The secretary of state shall prescribe the
a designation of each contributor who is an appropriate methodology, protocol, and
employee in any unit or department under the data file structure for statements required or
candidate’s direct supervision and control. In permitted to be filed by electronic means
a space provided in the statement, the person of transmission under division (A) of this
filing the statement shall affirm that each such section, divisions (E), (F), and (G) of section
contribution was voluntarily made. 3517.106, division (D) of section 3517.1011,
division (B) of section 3517.1012, division
(4) A campaign committee that did not receive (C) of section 3517.1013, and divisions
contributions or make expenditures in (D) and (I) of section 3517.1014 of the
connection with the nomination or election of Revised Code. Subject to division (A) of this
its candidate shall file a statement to that effect, section, divisions (E), (F), and (G) of section
on a form prescribed under this section and 3517.106, division (D) of section 3517.1011,
made under penalty of election falsification, division (B) of section 3517.1012, division
on the date required in division (A)(2) of this (C) of section 3517.1013, and divisions (D)
section. and (I) of section 3517.1014 of the Revised
Code, the statements required to be stored
(5) The campaign committee of any person who on computer by the secretary of state under
attempts to become a candidate and who, division (B) of section 3517.106 of the
for any reason, does not become certified in Revised Code shall be filed in whatever
accordance with Title XXXV of the Revised Code format the secretary of state considers
for placement on the official ballot of a primary, necessary to enable the secretary of state
general, or special election to be held in this to store the information contained in the
state, and who, at any time prior to or after statements on computer. Any such format
an election, receives contributions or makes shall be of a type and nature that is readily
expenditures, or has given consent for another available to whoever is required to file the
to receive contributions or make expenditures,
the political party subject to the applicable (6) The secretary of state, by rule adopted pursuant
limitations, if any, prescribed in section to section 3517.23 of the Revised Code, shall
3517.102 of the Revised Code. A state or prescribe both of the following:
county political party shall deposit all other
monetary contributions received by the party (a) The manner of immediately acknowledging,
into one or more accounts that are separate with date and time received, and preserving
from its state candidate fund and from its the receipt of statements that are transmitted
account that contains the public moneys by electronic means of transmission to the
received from the Ohio political party fund secretary of state pursuant to this section or
under section 3517.17 of the Revised Code. section 3517.106, 3517.1011, 3517.1012,
3517.1013, or 3517.1014 of the Revised
(d) Each state political party shall have only one Code;
legislative campaign fund for each house of
the general assembly. Each such fund shall be (b) The manner of preserving the contribution
separate from any other funds or accounts of and expenditure, contribution and
that state party. A legislative campaign fund disbursement, deposit and disbursement,
is authorized to receive contributions and gift and disbursement, or donation and
make expenditures for the primary purpose disbursement information in the statements
of furthering the election of candidates who described in division (D)(6)(a) of this section.
are members of that political party to the The secretary of state shall preserve the
house of the general assembly with which contribution and expenditure, contribution
that legislative campaign fund is associated. and disbursement, deposit and disbursement,
Each legislative campaign fund shall be gift and disbursement, or donation and
administered and controlled in a manner disbursement information in those statements
designated by the caucus. As used in this for at least ten years after the year in which
division, “caucus” has the same meaning they are filed by electronic means of
as in section 3517.01 of the Revised Code transmission.
and includes, as an ex officio member,
the chairperson of the state political party (7) The secretary of state, pursuant to division (I)
with which the caucus is associated or that of section 3517.106 of the Revised Code, shall
chairperson’s designee. make available online to the public through
the internet the contribution and expenditure,
(4) Every expenditure in excess of twenty-five contribution and disbursement, deposit and
dollars shall be vouched for by a receipted bill, disbursement, gift and disbursement, or
stating the purpose of the expenditure, that shall donation and disbursement information in all
be filed with the statement of expenditures. A statements, all addenda, amendments, or other
canceled check with a notation of the purpose corrections to statements, and all amended
of the expenditure is a receipted bill for statements filed with the secretary of state
purposes of division (D)(4) of this section. by electronic or other means of transmission
under this section, division (B)(2)(b) or (C)(2)
(5) The secretary of state or the board of elections, (b) of section 3517.105, or section 3517.106,
as the case may be, shall issue a receipt for 3517.1011, 3517.1012, 3517.1013, 3517.1014,
each statement filed under this section and shall or 3517.11 of the Revised Code. The secretary
preserve a copy of the receipt for a period of at of state may remove the information from the
least six years. All statements filed under this internet after a reasonable period of time.
section shall be open to public inspection in the
office where they are filed and shall be carefully (E)(1) Any person, political party, campaign
preserved for a period of at least six years after committee, legislative campaign fund, political
the year in which they are filed. action committee, or political contributing
entity that makes a contribution in connection
with the nomination or election of any
candidate or in connection with any ballot issue (F) As used in this section:
or question at any election held or to be held in
this state shall provide its full name and address (1)(a) Except as otherwise provided in division (F)
to the recipient of the contribution at the time (1) of this section, “address” means all of the
the contribution is made. The political action following if they exist: apartment number, street,
committee also shall provide the registration road, or highway name and number, rural
number assigned to the committee under delivery route number, city or village, state,
division (D)(1) of this section to the recipient of and zip code as used in a person’s post-office
the contribution at the time the contribution is address, but not post-office box.
made.
(b) Except as otherwise provided in division (F)(1)
(2) Any individual who makes a contribution that of this section, if an address is required in this
exceeds one hundred dollars to a political section, a post-office box and office, room, or
action committee, political contributing entity, suite number may be included in addition to,
legislative campaign fund, or political party but not in lieu of, an apartment, street, road, or
or to a campaign committee of a statewide highway name and number.
candidate or candidate for the office of member
of the general assembly shall provide the (c) If an address is required in this section,
name of the individual’s current employer, if a campaign committee, political action
any, or, if the individual is self-employed, the committee, legislative campaign fund, political
individual’s occupation and the name of the party, or political contributing entity may use
individual’s business, if any, to the recipient of the business or residence address of its treasurer
the contribution at the time the contribution is or deputy treasurer. The post-office box number
made. Sections 3599.39 and 3599.40 of the of the campaign committee, political action
Revised Code do not apply to division (E)(2) of committee, legislative campaign fund, political
this section. party, or political contributing entity may be
used in addition to that address.
(3) If a campaign committee shows that it has
exercised its best efforts to obtain, maintain, (d) For the sole purpose of a campaign committee’s
and submit the information required under reporting of contributions on a statement of
divisions (B)(4)(b)(ii) and (iii) of this section, contributions received under division (B)(4) of
that committee is considered to have met the this section, “address” has one of the following
requirements of those divisions. A campaign meanings at the option of the campaign
committee shall not be considered to have committee:
exercised its best efforts unless, in connection
(i) The same meaning as in division (F)(1)(a) of
with written solicitations, it regularly includes
this section;
a written request for the information required
under division (B)(4)(b)(ii) of this section from (ii) All of the following, if they exist: the
the contributor or the information required contributor’s post-office box number and city
under division (B)(4)(b)(iii) of this section from or village, state, and zip code as used in the
whoever transmits the contribution. contributor’s post-office address.
(4) Any check that a political action committee (e) As used with regard to the reporting under this
uses to make a contribution or an expenditure section of any expenditure, “address” means all
shall contain the full name and address of the of the following if they exist: apartment number,
committee and the registration number assigned street, road, or highway name and number,
to the committee under division (D)(1) of this rural delivery route number, city or village,
section. state, and zip code as used in a person’s post-
office address, or post-office box. If an address
concerning any expenditure is required in this
section, a campaign committee, political action (H)(1) of this section only for the primary
committee, legislative campaign fund, political election. The first statement that the campaign
party, or political contributing entity may use the committee files in regard to the general election
business or residence address of its treasurer or shall reflect all contributions received and all
deputy treasurer or its post-office box number. expenditures made during the preprimary and
postprimary election periods.
(2) “Statewide candidate” means the joint candidates
for the offices of governor and lieutenant (3) Divisions (H)(1) and (2) of this section do
governor or a candidate for the office of not apply if a campaign committee receives
secretary of state, auditor of state, treasurer of contributions or makes expenditures prior to the
state, attorney general, member of the state first day of January of the year of the election
board of education, chief justice of the supreme at which the candidate seeks nomination or
court, or justice of the supreme court. election to office or if the campaign committee
does not file a termination statement with its
(3) “Candidate for county office” means a candidate postprimary election statement in the case of an
for the office of county auditor, county treasurer, unsuccessful primary election candidate or with
clerk of the court of common pleas, judge of the its postgeneral election statement in the case of
court of common pleas, sheriff, county recorder, other candidates.
county engineer, county commissioner,
prosecuting attorney, or coroner. (I) In the case of a contribution made by a partner of
a partnership or an owner or a member of another
(G) An independent expenditure shall be reported unincorporated business from any funds of the
whenever and in the same manner that an partnership or other unincorporated business, all of
expenditure is required to be reported under this the following apply:
section and shall be reported pursuant to division (B)
(2)(a) or (C)(2)(a) of section 3517.105 of the Revised (1) The recipient of the contribution shall report
Code. the contribution by listing both the partnership
or other unincorporated business and the name
(H)(1) Except as otherwise provided in division (H) of the partner, owner, or member making the
(2) of this section, if, during the combined contribution.
pre-election and postelection reporting periods
for an election, a campaign committee has (2) In reporting the contribution, the recipient of
received contributions of five hundred dollars the contribution shall be entitled to conclusively
or less and has made expenditures in the total rely upon the information provided by the
amount of five hundred dollars or less, it may partnership or other unincorporated business,
file a statement to that effect, under penalty of provided that the information includes one of
election falsification, in lieu of the statement the following:
required by division (A)(2) of this section. The
statement shall indicate the total amount of (a) The name of each partner, owner, or
contributions received and the total amount member as of the date of the contribution
of expenditures made during those combined or contributions, and a statement that the
reporting periods. total contributions are to be allocated
equally among all of the partners, owners, or
(2) In the case of a successful candidate at a members; or
primary election, if either the total contributions
received by or the total expenditures made by (b) The name of each partner, owner, or
the candidate’s campaign committee during member as of the date of the contribution
the preprimary, postprimary, pregeneral, and or contributions who is participating
postgeneral election periods combined equal in the contribution or contributions,
more than five hundred dollars, the campaign and a statement that the contribution
committee may file the statement under division or contributions are to be allocated to
those individuals in accordance with the exceed in the aggregate two thousand dollars
information provided by the partnership from all contributors and one hundred dollars
or other unincorporated business to the from any one individual, and that the campaign
recipient of the contribution. committee will not make expenditures during
an election period that exceed in the aggregate
(3) For purposes of section 3517.102 of the Revised two thousand dollars.
Code, the contribution shall be considered
to have been made by the partner, owner, or The certificate shall be on a form prescribed
member reported under division (I)(1) of this by the secretary of state and shall be filed not
section. later than ten days after the candidate files
a declaration of candidacy and petition, a
(4) No contribution from a partner of a partnership nominating petition, or a declaration of intent to
or an owner or a member of another be a write-in candidate.
unincorporated business shall be accepted
from any funds of the partnership or other (2) Except as otherwise provided in division (K)(3)
unincorporated business unless the recipient of this section, a campaign committee that files
reports the contribution under division (I)(1) a certificate under division (K)(1) of this section
of this section together with the information is not required to file the statements required by
provided under division (I)(2) of this section. division (A) of this section.
(5) No partnership or other unincorporated (3) If, after filing a certificate under division (K)(1)
business shall make a contribution or of this section, a campaign committee exceeds
contributions solely in the name of the any of the limitations described in that division
partnership or other unincorporated business. during an election period, the certificate is void
and thereafter the campaign committee shall
(6) As used in division (I) of this section, file the statements required by division (A) of
“partnership or other unincorporated business” this section. If the campaign committee has not
includes, but is not limited to, a cooperative, previously filed a statement, then on the first
a sole proprietorship, a general partnership, statement the campaign committee is required
a limited partnership, a limited partnership to file under division (A) of this section after the
association, a limited liability partnership, and a committee’s certificate is void, the committee
limited liability company. shall report all contributions received and
expenditures made from the time the candidate
(J) A candidate shall have only one campaign filed the candidate’s declaration of candidacy
committee at any given time for all of the offices for and petition, nominating petition, or declaration
which the person is a candidate or holds office. of intent to be a write-in candidate.
(K)(1) In addition to filing a designation of (4) As used in division (K) of this section, “election
appointment of a treasurer under division (D) period” means the period of time beginning on
(1) of this section, the campaign committee of the day a person files a declaration of candidacy
any candidate for an elected municipal office and petition, nominating petition, or declaration
that pays an annual amount of compensation of intent to be a write-in candidate through the
of five thousand dollars or less, the campaign day of the election at which the person seeks
committee of any candidate for member of nomination to office if the person is not elected
a board of education except member of the to office, or, if the candidate was nominated in
state board of education, or the campaign a primary election, the day of the election at
committee of any candidate for township trustee which the candidate seeks office.
or township fiscal officer may sign, under
penalty of election falsification, a certificate (L) A political contributing entity that receives
attesting that the committee will not accept contributions from the dues, membership fees,
contributions during an election period that or other assessments of its members or from its
officers, shareholders, and employees may report considered a contribution or expenditure prohibited
the aggregate amount of contributions received from by any section of the Revised Code.
those contributors and the number of individuals
making those contributions, for each filing period (C)(1) Each state or county political party that receives
under divisions (A)(1), (2), (3), and (4) of this section, a gift pursuant to this section shall file on a
rather than reporting information as required under form prescribed by the secretary of state, a
division (B)(4) of this section, including, when full, true, and itemized statement describing
applicable, the name of the current employer, if the gift received and how it was disbursed.
any, of a contributor whose contribution exceeds The statement shall be made under penalty
one hundred dollars or, if such a contributor is self- of election falsification and shall be filed not
employed, the contributor’s occupation and the name later than four p.m. of the last day of January of
of the contributor’s business, if any. Division (B)(4) of every year to reflect gifts received and disbursed
this section applies to a political contributing entity during the immediately preceding calendar year.
with regard to contributions it receives from all other
contributors. (2) Each statement required under division (C)(1)
of this section shall contain all of the following
3517.101 Gifts to political parties for office information:
facilities (a) The full name and address of the state or
county political party filing the statement,
(A) As used in this section:
including its treasurer;
(1) “Gift” means a gift, subscription, loan, advance,
(b) A description of each gift received, which
or deposit of money or anything of value,
shall include:
given to a state or county political party, that is
specifically designated and used to defray any (i) The month, day, and year on which the gift
cost incurred on or after the effective date of was received;
this section for the construction, renovation, or
purchase of any office facility that is not used (ii) The full name and address of each person
solely for the purpose of directly influencing from whom or from which the gift was
the election of any individual candidate in any received;
particular election for any office.
(iii) The nature of the gift, if other than money;
(2) “Address” has the meaning given in division (F)
of section 3517.10 of the Revised Code. (iv) The value of the gift in dollars and cents.
(3) “Political party” means only a major political Each gift received shall be itemized
party. separately regardless of its amount or
value.
(B) Any person, including a corporation engaged in
business in this state but not including a public utility, (c) An itemization of how each gift was
may make a gift to a state or county political party if disbursed;
the gift is specifically designated and used to defray
any cost incurred on or after the effective date of this (d) The total value of gifts received and gifts
section for the construction, renovation, or purchase disbursed during each reporting period;
of any office facility that is not used solely for the
purpose of directly influencing the election of any (e) The total cost of the construction, renovation,
individual candidate in any particular election for any or purchase of any office facility for which a
office and, if it is a gift of money from a corporation gift is used.
engaged in business in this state, if the gift does not
(D)(1) All monetary gifts and all income from the
exceed ten per cent of the cost of the construction,
lease or rental of an office facility for which a
renovation, or purchase. Such gift shall not be
gift is used shall be deposited in an account section for the construction, renovation, or purchase
separate from other funds and maintained in of an office facility as described in division (B) of this
that separate account. Except as provided in section or for the maintenance and repair of such a
division (D)(2) of this section, moneys in the facility as provided in division (D)(2) of this section.
account shall be used only for the construction,
renovation, or purchase of an office facility as (H) Prior to receiving any gift under this section,
described in division (B) of this section. every political party shall appoint a treasurer and
file, on a form prescribed by the secretary of state,
(2) Any moneys remaining in an account a designation of the appointment, including the
under division (D)(1) of this section after full name and address of the political party. The
the construction, renovation, or purchase of designation shall be filed with the official with whom
an office facility shall be used only for the the political party is required to file statements under
maintenance and repair of the facility or for the division (E) of this section. The treasurer shall keep
construction, renovation, or purchase of another a strict account of all gifts required to be reported
office facility as described in division (B) of this under this section. The secretary of state or board
section and shall not be used for operating costs of elections, as the case may be, shall, if requested,
of the facility or for any other purpose. issue a receipt for each statement filed under this
section and preserve a record of the filing for at least
(3) When a state or county political party sells an six years. All such statements shall be open to public
office facility that was constructed, renovated, inspection in the office where they are filed, and shall
or purchased in whole or in part from monetary be carefully preserved for a period of at least six years
gifts, the party shall deposit in the account after the year in which they are filed.
under division (D)(1) of this section an amount
that is the same percentage of the total 3517.102 Limitations on contributions
proceeds of the sale as the monetary gifts used
(A) Except as otherwise provided in section 3517.103
in the construction, renovation, or purchase
of the Revised Code, as used in this section and
of the facility were of the total cost of that
sections 3517.103 and 3517.104 of the Revised
construction, renovation, or purchase. Proceeds
Code:
deposited in the account shall be used only for
the construction, renovation, or purchase of (1) “Candidate” has the same meaning as in section
another office facility as described in division 3517.01 of the Revised Code but includes only
(B) of this section. candidates for the offices of governor, lieutenant
governor, secretary of state, auditor of state,
(E) A state political party shall file a statement
treasurer of state, attorney general, member of
required under this section with the secretary of state
the state board of education, member of the
and a county political party shall file a statement
general assembly, chief justice of the supreme
required under this section with the board of elections
court, and justice of the supreme court.
of the county in which the party is located.
(2) “Statewide candidate” or “any one statewide
(F)(1) No state or county political party shall fail to
candidate” means the joint candidates for the
file a statement required to be filed under this
offices of governor and lieutenant governor
section.
or a candidate for the office of secretary
(2) No state or county political party shall of state, auditor of state, treasurer of state,
knowingly fail to report, or shall knowingly attorney general, member of the state board of
misrepresent, a gift required to be reported on a education, chief justice of the supreme court, or
statement required to be filed under this section. justice of the supreme court.
(G) No state or county political party shall expend (3) “Senate candidate” means a candidate for the
or use a gift for a purpose other than to defray any office of state senator.
cost incurred on or after the effective date of this
(4) “House candidate” means a candidate for the some or all of the electors in that county,
office of state representative. or member of the general assembly whose
district contains all or part of that county.
(5)(a) “Primary election period” for a candidate
begins on the beginning date of the (iii) In the case of contributions to or from a
candidate’s pre-filing period specified in legislative campaign fund, a campaign
division (A)(9) of section 3517.109 of the committee of any of the following:
Revised Code and ends on the day of the
primary election. (I) A senate or house candidate who, if
elected, will be a member of the same
(b) In regard to any candidate, the “general party that established the legislative
election period” begins on the day after the campaign fund and the same house with
primary election immediately preceding the which the legislative campaign fund is
general election at which the candidate seeks associated;
an office specified in division (A)(1) of this
section and ends on the thirty-first day of (II) A state senator or state representative
December following that general election. who is a member of the same party that
established the legislative campaign
(6) “State candidate fund” means the state fund and the same house with which the
candidate fund established by a state or county legislative campaign fund is associated.
political party under division (D)(3)(c) of section
3517.10 of the Revised Code. (b) A campaign committee is no longer a
“designated state campaign committee”
(7) “Postgeneral election statement” means the after the campaign committee’s candidate
statement filed under division (A)(2) of section changes the designation of treasurer required
3517.10 of the Revised Code by the campaign to be filed under division (D)(1) of section
committee of a candidate after the general 3517.10 of the Revised Code to indicate
election in which the candidate ran for office that the person intends to be a candidate
or filed by legislative campaign fund after the for, or becomes a candidate for nomination
general election in an even-numbered year. or election to, any office that, if elected,
would not qualify that candidate’s campaign
(8) “Contribution” means any contribution that committee as a “designated state campaign
is required to be reported in the statement of committee” under division (A)(9)(a) of this
contributions under section 3517.10 of the section.
Revised Code.
(B)(1)(a) No individual who is seven years of age or
(9)(a) Except as otherwise provided in division (A) older shall make a contribution or contributions
(9)(b) of this section and in division (F) of section aggregating more than:
3517.103 and division (B)(3)(b) of section
3517.1010 of the Revised Code, “designated (i) Ten thousand dollars to the campaign
state campaign committee” means: committee of any one statewide candidate
in a primary election period or in a general
(i) In the case of contributions to or from a state election period;
political party, a campaign committee of a
statewide candidate, statewide officeholder, (ii) Ten thousand dollars to the campaign
senate candidate, house candidate, or committee of any one senate candidate in
member of the general assembly. a primary election period or in a general
election period;
(ii) In the case of contributions to or from a
county political party, a campaign committee (iii) Ten thousand dollars to the campaign
of a senate candidate or house candidate committee of any one house candidate in
whose candidacy is to be submitted to
a primary election period or in a general (iv) Fifteen thousand dollars to any one
election period; legislative campaign fund in a calendar year;
(iv) Ten thousand dollars to a county political (v) Thirty thousand dollars to any one state
party of the county in which the individual’s political party for the party’s state candidate
designated Ohio residence is located for the fund in a calendar year;
party’s state candidate fund in a calendar
year; (vi) Ten thousand dollars to another political
action committee or to a political
(v) Fifteen thousand dollars to any one legislative contributing entity in a calendar year. This
campaign fund in a calendar year; division does not apply to a political action
committee that makes a contribution to a
(vi) Thirty thousand dollars to any one state political action committee or a political
political party for the party’s state candidate contributing entity affiliated with it. For
fund in a calendar year; purposes of this division, a political action
committee is affiliated with another
(vii) Ten thousand dollars to any one political political action committee or with a
action committee in a calendar year; political contributing entity if they are
both established, financed, maintained,
(viii) Ten thousand dollars to any one political
or controlled by, or if they are, the same
contributing entity in a calendar year.
corporation, organization, labor organization,
(b) No individual shall make a contribution or continuing association, or other person,
contributions to the state candidate fund of including any parent, subsidiary, division, or
a county political party of any county other department of that corporation, organization,
than the county in which the individual’s labor organization, continuing association, or
designated Ohio residence is located. other person.
(c) No individual who is under seven years of (b) No political action committee shall make
age shall make any contribution. a contribution or contributions to a county
political party for the party’s state candidate
(2)(a) Subject to division (D)(1) of this section, fund.
no political action committee shall make a
contribution or contributions aggregating more (3) No campaign committee shall make a
than: contribution or contributions aggregating more
than:
(i) Ten thousand dollars to the campaign
committee of any one statewide candidate (a) Ten thousand dollars to the campaign
in a primary election period or in a general committee of any one statewide candidate
election period; in a primary election period or in a general
election period;
(ii) Ten thousand dollars to the campaign
committee of any one senate candidate in (b) Ten thousand dollars to the campaign
a primary election period or in a general committee of any one senate candidate in
election period; a primary election period or in a general
election period;
(iii) Ten thousand dollars to the campaign
committee of any one house candidate in (c) Ten thousand dollars to the campaign
a primary election period or in a general committee of any one house candidate in
election period; a primary election period or in a general
election period;
(d) Ten thousand dollars to any one political (i) Two hundred fifty thousand dollars to the
action committee in a calendar year; campaign committee of any one statewide
candidate;
(e) Ten thousand dollars to any one political
contributing entity in a calendar year. (ii) Ten thousand dollars to the campaign
committee of any one senate candidate;
(4)(a) Subject to division (D)(3) of this section,
no political party shall make a contribution (iii) Ten thousand dollars to the campaign
or contributions aggregating more than ten committee of any one house candidate.
thousand dollars to any one political action
committee or to any one political contributing (b)(i) No state candidate fund of a state or
entity in a calendar year. county political party shall make a transfer or
a contribution or transfers or contributions of
(b) No county political party shall make a cash or cash equivalents to a designated state
contribution or contributions to another campaign committee in a primary election
county political party. period or in a general election period
aggregating more than:
(5)(a) Subject to division (B)(5)(b) of this section, no
campaign committee, other than a designated (I) Five hundred thousand dollars to the
state campaign committee, shall make a campaign committee of any one statewide
contribution or contributions aggregating in a candidate;
calendar year more than:
(II) One hundred thousand dollars to the
(i) Thirty thousand dollars to any one state campaign committee of any one senate
political party for the party’s state candidate candidate;
fund;
(III) Fifty thousand dollars to the campaign
(ii) Fifteen thousand dollars to any one committee of any one house candidate.
legislative campaign fund;
(ii) No legislative campaign fund shall make
(iii) Ten thousand dollars to any one county a transfer or a contribution or transfers or
political party for the party’s state candidate contributions of cash or cash equivalents
fund. to a designated state campaign committee
(b) No campaign committee shall make a aggregating more than:
contribution or contributions to a county
(I) Fifty thousand dollars in a primary election
political party for the party’s state candidate
period or one hundred thousand dollars in
fund unless one of the following applies:
a general election period to the campaign
(i) The campaign committee’s candidate will committee of any one senate candidate;
appear on a ballot in that county.
(II) Twenty-five thousand dollars in a primary
(ii) The campaign committee’s candidate is election period or fifty thousand dollars in
the holder of an elected public office that a general election period to the campaign
represents all or part of the population of that committee of any one house candidate.
county at the time the contribution is made.
(iii) As used in divisions (B)(6)(b) and (C)(6) of
(6)(a) No state candidate fund of a county political this section, “transfer or contribution of cash
party shall make a contribution or contributions, or cash equivalents” does not include any in-
except a contribution or contributions to a kind contributions.
designated state campaign committee, in a
primary election period or a general election (c) A county political party that has no state
period, aggregating more than: candidate fund and that is located in a
county having a population of less than one committee affiliated with it. For purposes of
hundred fifty thousand may make one or more this division, a political contributing entity is
contributions from other accounts to any one affiliated with another political contributing
statewide candidate or to any one designated entity or with a political action committee
state campaign committee that do not exceed, if they are both established, financed,
in the aggregate, two thousand five hundred maintained, or controlled by, or if they are,
dollars in any primary election period or general the same corporation, organization, labor
election period. As used in this division, “other organization, continuing association, or other
accounts” does not include an account that person, including any parent, subsidiary,
contains the public moneys received from the division, or department of that corporation,
Ohio political party fund under section 3517.17 organiza-tion, labor organization, continuing
of the Revised Code. association, or other person.
(d) No legislative campaign fund shall make a (b) No political contributing entity shall make
contribution, other than to a designated state a contribution or contributions to a county
campaign committee or to the state candidate political party for the party’s state candidate
fund of a political party. fund.
(7)(a) Subject to division (D)(1) of this section, (C)(1)(a) Subject to division (D)(1) of this section, no
no political contributing entity shall make a campaign committee of a statewide candidate
contribution or contributions aggregating more shall do any of the following:
than:
(i) Knowingly accept a contribution or
(i) Ten thousand dollars to the campaign contributions from any individual who is
committee of any one statewide candidate under seven years of age;
in a primary election period or in a general
election period; (ii) Accept a contribution or contributions
aggregating more than ten thousand dollars
(ii) Ten thousand dollars to the campaign from any one individual who is seven years
committee of any one senate candidate in of age or older, from any one political
a primary election period or in a general action committee, from any one political
election period; contributing entity, or from any one other
campaign committee in a primary election
(iii) Ten thousand dollars to the campaign period or in a general election period;
committee of any one house candidate in
a primary election period or in a general (iii) Accept a contribution or contributions
election period; aggregating more than two hundred
fifty thousand dollars from any one or
(iv) Fifteen thousand dollars to any one combination of state candidate funds of
legislative campaign fund in a calendar year; county political parties in a primary election
period or in a general election period.
(v) Thirty thousand dollars to any one state
political party for the party’s state candidate (b) No campaign committee of a statewide
fund in a calendar year; candidate shall accept a contribution or
contributions aggregating more than two
(vi) Ten thousand dollars to another political thousand five hundred dollars in a primary
contributing entity or to a political action election period or in a general election period
committee in a calendar year. This division from a county political party that has no state
does not apply to a political contributing candidate fund and that is located in a county
entity that makes a contribution to a political having a population of less than one hundred
contributing entity or a political action fifty thousand.
(2)(a) Subject to division (D)(1) of this section (b) No campaign committee of a house candidate
and except for a designated state campaign shall accept a contribution or contributions
committee, no campaign committee of a senate aggregating more than two thousand five
candidate shall do either of the following: hundred dollars in a primary election period
or in a general election period from a county
(i) Knowingly accept a contribution or political party that has no state candidate
contributions from any individual who is fund and that is located in a county having
under seven years of age; a population of less than one hundred fifty
thousand.
(ii) Accept a contribution or contributions
aggregating more than ten thousand dollars (4)(a)(i) Subject to division (C)(4)(a)(ii) of this
from any one individual who is seven years section and except for a designated state
of age or older, from any one political campaign committee, no county political
action committee, from any one political party shall knowingly accept a contribution or
contributing entity, from any one state contributions from any individual who is under
candidate fund of a county political party, seven years of age, or accept a contribution or
or from any one other campaign committee contributions for the party’s state candidate fund
in a primary election period or in a general aggregating more than ten thousand dollars
election period. from any one individual whose designated Ohio
residence is located within that county and who
(b) No campaign committee of a senate candidate is seven years of age or older or from any one
shall accept a contribution or contributions campaign committee in a calendar year.
aggregating more than two thousand five
hundred dollars in a primary election period (ii) Subject to division (D)(1) of this section,
or in a general election period from a county no county political party shall accept a
political party that has no state candidate contribution or contributions for the party’s
fund and that is located in a county having state candidate fund from any individual
a population of less than one hundred fifty whose designated Ohio residence is located
thousand. outside of that county and who is seven
years of age or older, from any campaign
(3)(a) Subject to division (D)(1) of this section committee unless the campaign committee’s
and except for a designated state campaign candidate will appear on a ballot in that
committee, no campaign committee of a house county or unless the campaign committee’s
candidate shall do either of the following: candidate is the holder of an elected
public office that represents all or part of
(i) Knowingly accept a contribution or
the population of that county at the time
contributions from any individual who is
the contribution is accepted, or from any
under seven years of age;
political action committee or any political
(ii) Accept a contribution or contributions contributing entity.
aggregating more than ten thousand dollars
(iii) No county political party shall accept a
from any one individual who is seven years
contribution or contributions from any other
of age or older, from any one political
county political party.
action committee, from any one political
contributing entity, from any one state (b) Subject to division (D)(1) of this section, no state
candidate fund of a county political party, political party shall do either of the following:
or from any one other campaign committee
in a primary election period or in a general (i) Knowingly accept a contribution or
election period. contributions from any individual who is
under seven years of age;
(ii) Accept a contribution or contributions for the a general election period, in the case of a
party’s state candidate fund aggregating more campaign committee of a senate candidate;
than thirty thousand dollars from any one
individual who is seven years of age or older, (ii) Twenty-five thousand dollars in a primary
from any one political action committee, election period or fifty thousand dollars in
from any one political contributing entity,
or from any one campaign committee, other a general election period, in the case of a
than a designated state campaign committee, campaign committee of a house candidate.
in a calendar year.
(c) No campaign committee of a candidate
(5) Subject to division (D)(1) of this section, no for the office of member of the general
legislative campaign fund shall do either of the assembly, including a designated state
following: campaign committee, shall accept a transfer or
contribution of cash or cash equivalents from
(a) Knowingly accept a contribution or any one or combination of state candidate
contributions from any individual who is funds of county political parties aggregating in
under seven years of age; a primary election period or a general election
period more than:
(b) Accept a contribution or contributions
aggregating more than fifteen thousand (i) One hundred thousand dollars, in the case of
dollars from any one individual who is a campaign committee of a senate candidate;
seven years of age or older, from any one
political action committee, from any one (ii) Fifty thousand dollars, in the case of a
political contributing entity, or from any one campaign committee of a house candidate.
campaign committee, other than a designated
(7)(a) Subject to division (D)(3) of this section,
state campaign committee, in a calendar
no political action committee and no
year.
political contributing entity shall do either of
(6)(a) No designated state campaign committee the following:
shall accept a transfer or contribution of cash or
(i) Knowingly accept a contribution or
cash equivalents from a state candidate fund of
contributions from any individual who is
a state political party aggregating in a primary
under seven years of age;
election period or a general election period
more than: (ii) Accept a contribution or contributions
aggregating more than ten thousand dollars
(i) Five hundred thousand dollars, in the case
from any one individual who is seven years
of a campaign committee of a statewide
of age or older, from any one campaign
candidate;
committee, or from any one political party in
(ii) One hundred thousand dollars, in the case of a calendar year.
a campaign committee of a senate candidate;
(b) Subject to division (D)(1) of this section,
(iii) Fifty thousand dollars, in the case of a no political action committee shall accept
campaign committee of a house candidate. a contribution or contributions aggregating
more than ten thousand dollars from another
(b) No designated state campaign committee shall political action committee or from a political
accept a transfer or contribution of cash or cash contributing entity in a calendar year. Subject
equivalents from a legislative campaign fund to division (D)(1) of this section, no political
aggregating more than: contributing entity shall accept a con-tribution
or contributions aggregating more than ten
(i) Fifty thousand dollars in a primary election thousand dollars from another political
period or one hundred thousand dollars in contributing entity or from a political action
committee in a calendar year. This division (2) As used in divisions (B)(1)(a)(vii), (B)(3)(d), (B)
does not apply to a political action committee (4)(a), and (C)(7) of this section, “political
or political contributing entity that accepts a action committee” does not include a political
contribution from a political action committee action committee that is organized to support
or political contributing entity affiliated with or oppose a ballot issue or question and that
it. For purposes of this division, a political makes no contributions to or expenditures on
action committee is affiliated with another behalf of a political party, campaign committee,
political action committee or with a political legislative campaign fund, political action
contributing entity if they are both established, committee, or political contributing entity. As
financed, maintained, or controlled by the same used in divisions (B)(1)(a)(viii), (B)(3)(e), (B)(4)(a),
corporation, organization, labor organization, and (C)(7) of this section, “political contributing
continuing association, or other person, entity” does not include a political contributing
including any parent, subsidiary, division, or entity that is organized to support or oppose
department of that corporation, organization, a ballot issue or question and that makes no
labor organization, continuing association, or contributions to or expenditures on behalf of a
other person. political party, campaign committee, legislative
campaign fund, political action committee, or
(D)(1)(a) For purposes of the limitations prescribed in political contributing entity.
division (B)(2) of this section and the limitations
prescribed in divisions (C)(1), (2), (3), (4), (3) For purposes of the limitations prescribed in
(5), and (7)(b) of this section, whichever is divisions (B)(4) and (C)(7)(a) of this section, all
applicable, all contributions made by and all contributions made by and all contributions
contributions accepted from political action accepted from a national political party, a state
committees that are established, financed, political party, and a county political party are
maintained, or controlled by, or that are, considered to have been made by or accepted
the same corporation, organization, labor from a single political party and shall be
organization, continuing association, or other combined with each other to determine whether
person, including any parent, subsidiary, the limitations have been exceeded.
division, or department of that corporation,
organization, labor organization, continuing (E)(1) If a legislative campaign fund has kept a total
association, or other person, are considered to amount of contributions exceeding one hundred
have been made by or accepted from a single fifty thousand dollars at the close of business on
political action committee. the seventh day before the postgeneral election
statement is required to be filed under section
(b) For purposes of the limitations prescribed in 3517.10 of the Revised Code, the legislative
division (B)(7) of this section and the limitations campaign fund shall comply with division (E)(2)
prescribed in divisions (C)(1), (2), (3), (4), of this section.
(5), and (7)(b) of this section, whichever is
applicable, all contributions made by and (2)(a) Any legislative campaign fund that has kept
all contributions accepted from political a total amount of contributions in excess of
contributing entities that are established, the amount specified in division (E)(1) of this
financed, maintained, or controlled by, or section at the close of business on the seventh
that are, the same corporation, organization, day before the postgeneral election statement
labor organization, continuing association, or is required to be filed under section 3517.10
other person, including any parent, subsidiary, of the Revised Code shall dispose of the excess
division, or department of that corporation, amount in the manner prescribed in division
organization, labor organization, continuing (E)(2)(b)(i), (ii), or (iii) of this section not later
association, or other person, are considered to than ninety days after the day the postgeneral
have been made by or accepted from a single election statement is required to be filed under
political contributing entity. section 3517.10 of the Revised Code. Any
legislative campaign fund that is required to
of the candidate’s committee described in expended or expects to expend more than that
division (C)(1) or (2) of this section is to be amount. For the purpose of this division, a joint
paid from “personal funds,” those funds are team of candidates for governor and lieutenant
considered to be expended when the debt governor shall be considered a single candidate
or other obligation is incurred, regardless of and their personal funds shall be combined.
when it is paid.
(2) If the campaign committee of any senate
(2) For purposes of this chapter, a candidate candidate or house candidate has received
is an “opponent” when the candidate has or expended or expects to expend more than
indicated on the candidate’s most recently filed twenty-five thousand dollars of personal funds
designation of treasurer that the candidate seeks during a primary election period or twenty-
the same office at the same primary or general five thousand dollars of personal funds during
election as another candidate whose campaign a general election period, the campaign
committee has filed a personal funds notice committee shall file a personal funds notice
required by division (C)(1) or (2) of this section. in the manner provided in division (C)(3) of
this section indicating that the committee has
(B)(1) Except as otherwise provided in division (B) received or expended or expects to expend
(2) of this section, no statewide candidate more than that amount.
or candidate for the office of member of the
general assembly shall make an expenditure (3) The personal funds notice required in divisions
of personal funds to influence the results of (C)(1) and (2) of this section and the declaration
an election for that candidate’s nomination or of no limits required under division (D)(2)
election to office unless the personal funds are of this section shall be on a form prescribed
first deposited into the campaign fund of that by the secretary of state. The personal funds
candidate’s campaign committee. notice required in divisions (C)(1) and (2) of this
section shall be filed not later than the earlier of
(2) A statewide candidate or candidate for the the following times:
office of member of the general assembly
may make an expenditure of personal funds (a) One hundred twenty days before a primary
without first depositing those funds into the election, in the case of personal funds
campaign committee’s funds as long as the received, expended, or expected to be
aggregate total of those expenditures does expended during a primary election period,
not exceed five hundred dollars at any time or not later than one hundred twenty days
during an election period. After the candidate’s before a general election, in the case of
campaign committee reimburses the candidate personal funds received, expended, or
for any direct expenditure of personal funds, expected to be expended during a general
the amount that was reimbursed is no longer election period;
included in the aggregate total of expenditures
of personal funds subject to the five-hundred- (b) Two business days after the candidate’s
dollar limit. campaign committee receives or makes
an expenditure of personal funds or the
(C)(1) If the campaign committee of any statewide candidate makes an expenditure of personal
candidate has received or expended or expects funds on behalf of the candidate’s campaign
to expend more than one hundred thousand committee during that election period
dollars of personal funds during a primary that exceed, in the aggregate, the amount
election period or one hundred fifty thousand specified in division (C)(1) or (2) of this
dollars of personal funds during a general section.
election period, the campaign committee shall
file a personal funds notice in the manner The personal funds notice required under
provided in division (C)(3) of this section divisions (C)(1) and (2) of this section and
indicating that the committee has received or the declaration of no limits required under
division (D)(2) of this section shall be filed (3) A candidate who was not an opponent of a
wherever the campaign committee files candidate who filed the personal funds notice
statements of contributions and expenditures required under division (C)(3) of this section
under section 3517.11 of the Revised Code. on the date the personal funds notice was filed
The board of elections shall send to the may file the declaration of no limits pursuant to
secretary of state a copy of any personal division (D)(2) of this section within thirty days
funds notice or declaration of no limits filed after becoming an opponent of the candidate
by the campaign committee of a senate who filed the personal funds notice.
candidate or house candidate under division
(C)(3) or (D)(2) of this section. (4) If the candidate whose campaign committee
filed a personal funds notice under division (C)
(D)(1) Whenever a campaign committee files a notice (1) or (2) of this section fails to file a declaration
under division (C)(1) or (2) of this section, of candidacy for the office listed on the
and the campaign committee of an opponent designation of treasurer filed under division
files a declaration of no limits pursuant to (D) of section 3517.10 of the Revised Code or
division (D)(2) of this section within thirty files a declaration of candidacy or nominating
days of the filing of the personal funds notice petition for that office and dies or withdraws,
under division (C)(1) or (2) of this section, the both of the following apply to the campaign
contribution limitations pre-scribed in section committee of that candidate’s opponent if the
3517.102 of the Revised Code no longer apply opponent has filed a declaration of no limits
to the campaign committee of the candidate’s pursuant to division (D) of this section:
opponent.
(a) No contribution from a contributor may
(2) No campaign committee of a candidate thereafter be accepted that, when added
described in division (D)(1) of this section to the aggregate total of all contributions
shall accept any contribution or contributions received by that committee from that
from a contributor that exceed the limitations contributor during the primary election
prescribed in section 3517.102 of the Revised period or general election period, whichever
Code until the committee files a declaration is applicable, would cause that committee
that the committee will accept contributions to exceed the contribution limitations
that exceed those limitations. This declaration prescribed in section 3517.102 of the
shall be filed not later than thirty days after Revised Code for the applicable election
a candidate’s opponent has filed a personal period.
funds notice pursuant to division (C)(1) or (2) of
section 3517.103 of the Revised Code, shall be (b) The statement of primary-day finances or
referred to as the “declaration of no limits,” and the year-end statement required to be filed
shall list all of the following: under division (E) of section 3517.1010 of
the Revised Code shall be filed not later than
(a) The amount of cash on hand in the fourteen days after the date the candidate’s
candidate’s campaign fund at the end of the opponent fails to file a declaration of
day immediately preceding the day on which candidacy or nominating petition by the
the candidate’s campaign committee files the appropriate filing deadline, or dies or
declaration of no limits; withdraws. For purposes of calculating
permitted funds under division (A)(4) of
(b) The value and description of all campaign section 3517.1010 of the Revised Code,
assets worth five hundred dollars or more the primary or general election period,
available to the candidate at the end of the whichever is applicable, shall be considered
day immediately preceding the day on which to have ended on the filing deadline, in
the candidate’s campaign committee files the the case of an opponent who fails to file
declaration of no limits. a declaration of candidacy or nominating
petition, or on the date of the opponent’s
death or withdrawal. In such an event, the fund or to a state candidate fund of a state or
filing of a statement of primary-day finances county political party.
or year-end finances and the disposing of any
excess funds as required under division (B) (2) Division (F)(1) of this section no longer applies
of section 3517.1010 of the Revised Code to a campaign committee after both of the
satisfies the candidate’s obligation to file such following occur:
a statement for that election period.
(a) The primary or general election period during
(E)(1) No campaign committee shall fail to file a which the contribution limitations prescribed
personal funds notice as required under division in section 3517.102 of the Revised Code did
(C)(1) or (2) of this section. not apply after being removed pursuant to
division (D) of this section has expired;
(2) No campaign committee shall accept any
contribution in excess of the contribution (b) When the campaign committee has disposed
limitations prescribed in section 3517.102 of of all excess funds and excess aggregate
the Revised Code: contributions as required under section
3517.1010 of the Revised Code.
(a) Unless a declaration of no limits has been
filed under division (D)(2) of this section; 3517.104 Adjustments to limitations
(b) In violation of division (D)(4) of this section (A) In January of each odd-numbered year, the
once the candidate who filed a personal secretary of state, in accordance with this division
funds notice under division (C)(3) of this and division (B) of this section, shall adjust each
section fails to file a declaration of candidacy amount specified in section 3517.102 and in division
or nominating petition or that candidate dies (B)(4)(e) of section 3517.10 of the Revised Code. The
or withdraws. adjustment shall be based on the yearly average of
the previous two years of the Consumer Price Index
(3) No campaign committee that violates division for All Urban Consumers or its successive equivalent,
(E)(1) of this section shall expend any personal as determined by the United States department of
funds in excess of the amount specified in labor, bureau of labor statistics, or its successor
division (C)(1) or (2) of this section, whichever is in responsibility, for all items, Series A. Using the
appropriate to the committee. 1996 yearly average as the base year, the secretary
of state shall compare the most current average
(4) The candidate of any campaign committee that consumer price index with that determined in the
violates division (E) of this section shall forfeit preceding odd-numbered year, and shall determine
the candidate’s nomination, if the candidate was the percentage increase or decrease. The percentage
nominated, or the office to which the candidate increase or decrease shall be multiplied by the actual
was elected, if the candidate was elected to dollar figure for each office or entity specified in
office. section 3517.102 of the Revised Code and by each
actual dollar figure specified in division (B)(4)(e) of
(F)(1) Whenever a campaign committee files a notice
section 3517.10 of the Revised Code as determined
under division (C)(1) or (2) of this section
in the previous odd-numbered year, and the product
or whenever the contribution limitations
shall be added to or subtracted from its corresponding
prescribed in section 3517.102 of the Revised
actual dollar figure, as necessary, for that previous
Code do not apply to a campaign committee
odd-numbered year.
under division (D)(1) of this section, that
committee is not a designated state campaign The resulting amount shall be rounded to the nearest
committee for the purpose of the limitations twenty-five dollars if the calculations are made
prescribed in section 3517.102 of the Revised regarding the amounts specified in division (B)(4)(e) of
Code with regard to contributions made by that section 3517.10 of the Revised Code.
campaign committee to a legislative campaign
If the calculations are made regarding the amounts and a statement that the report and all related
specified in section 3517.102 of the Revised Code, documents are available for inspection and
the resulting amount shall not be rounded. If that copying at the office of the secretary of state.
resulting amount is less than one hundred dollars, the
secretary of state shall retain a record of the resulting (4) On or before the twenty-fifth day of February of
amount and the manner in which it was calculated, each odd-numbered year, the secretary of state
but shall not make an adjustment unless the resulting shall transmit the report to the general assembly
amount, when added to the resulting amount and shall send the report by mail to the board of
calculated in each prior odd-numbered year since elections of each county.
the last adjustment was made, equals or exceeds one
hundred dollars. (5) The secretary of state shall send the report by
mail to each person who files a declaration
(B)(1) The secretary of state shall calculate the of candidacy or nominating petition with the
adjustment under division (A) of this section secretary of state for the office of governor,
and shall report the calculations and necessary lieutenant governor, secretary of state, auditor
materials to the auditor of state, on or before the of state, treasurer of state, attorney general,
thirty-first day of January of each odd-numbered member of the state board of education, chief
year. The secretary of state shall base the justice of the supreme court, or justice of the
adjustment on the most current consumer price supreme court. The report shall be mailed on or
index that is described in division (A) of this before the tenth day after the filing.
section and that is in effect as of the first day of
January of each odd-numbered year. (6) A board of elections shall send the report by
mail to each person who files a declaration
(2) The calculations made by the secretary of state of candidacy or nominating petition with the
under divisions (A) and (B)(1) of this section board for the office of state representative or
shall be certified by the auditor of state on or state senator. The report shall be mailed on or
before the fifteenth day of February of each odd- before the tenth day after the filing.
numbered year.
3517.105 Independent expenditures
(3) On or before the twenty-fifth day of February
of each odd-numbered year, the secretary of (A)(1) As used in this section, “public political
state shall prepare a report setting forth the advertising” means advertising to the general
maximum contribution limitations under section public through a broadcasting station,
3517.102 of the Revised Code, the maximum newspaper, magazine, poster, yard sign, or
amounts, if any, of contributions permitted to outdoor advertising facility, by direct mail, or
be kept under that section, and the amounts by any other means of advertising to the general
required under division (B)(4)(e) of section public.
3517.10 of the Revised Code for reporting
contributions and in-kind contributions at social (2) For purposes of this section and section 3517.20
or fund-raising activities and contributions from of the Revised Code, a person is a member of a
amounts deducted from an employee’s wages political action committee if the person makes
and salary, as calculated and certified pursuant one or more contributions to that political
to divisions (A) and (B)(1) and (2) of this section. action committee, and a person is a member
The report and all documents relating to the of a political contributing entity if the person
calculations contained in the report are public makes one or more contributions to, or pays
records. The report shall contain an indication dues, membership fees, or other assessments to,
of the period in which the limitations, the that political contributing entity.
maximum contribution amounts, and the
(B)(1) Whenever a candidate, a campaign
reporting amounts apply, a summary of how the
committee, a political action committee
limitations, the maximum contribution amounts,
or political contributing entity with ten or
and the reporting amounts were calculated,
(a) Clearly indicates that the communication or a statement itemizing all independent
public political advertising is not authorized expenditures made during the period since
by the identified ballot issue committee; the close of business on the last day reflected
in the last previously filed such statement, if
(b) Clearly identifies the corporation, labor any. The statement shall be made on a form
organization, campaign committee, prescribed by the secretary of state or shall
legislative campaign fund, or political be filed by electronic means of transmission
action committee that has paid for the pursuant to division (G) of section 3517.106
communication or public political advertising of the Revised Code as authorized or
in accordance with section 3517.20 of the required by that division. The statement shall
Revised Code. indicate the date and the amount of each
independent expenditure and the ballot issue
(2)(a) Whenever any corporation, labor or question in support of or opposition to
organization, campaign committee, which it was made and shall be made under
legislative campaign fund, political party, penalty of election falsification.
or political action committee makes an
independent expenditure in support of or (3) No person, campaign committee, legislative
opposition to any ballot issue or question, the campaign fund, political action committee,
corporation or labor organization shall report corporation, labor organization, or other
the independent expenditure in accordance organization or association shall use or
with division (C) of section 3599.03 of the cause to be used a false or fictitious name
Revised Code, and the campaign committee, in making an independent expenditure in
legislative campaign fund, political party, support of or opposition to any candidate or
or political action committee shall report any ballot issue or question. A name is false or
the independent expenditure and identify fictitious if the person, campaign committee,
the ballot issue or question on a statement legislative campaign fund, political action
prescribed by the secretary of state and filed committee, corporation, labor organization,
by the committee, fund, or party as part of its or other organization or association does not
statement of contributions and expenditures actually exist or operate, if the corporation,
pursuant to division (A) of section 3517.10 labor organization, or other organization or
and division (A) of section 3517.11 of the association has failed to file a fictitious name or
Revised Code. other registration with the secretary of state, if it
is required to do so, or if the person, campaign
(b) Whenever any individual, partnership, committee, legislative campaign fund, or
or other entity, except a corporation, political action committee has failed to file a
labor organization, campaign committee, designation of the appointment of a treasurer,
legislative campaign fund, political action if it is required to do so by division (D)(1) of
committee, or political party, makes one or section 3517.10 of the Revised Code.
more independent expenditures in excess
of one hundred dollars in support of or (D) Any expenditure by a political party for the
opposition to any ballot issue or question, the purpose of financing communications advocating the
individual, partnership, or other entity shall election or defeat of a candidate for judicial office
file with the secretary of state in the case of shall be deemed to be an independent expenditure
a statewide ballot issue or question, or with subject to the provisions of this section.
the board of elections in the county that
certifies the issue or question for placement
on the ballot in the case of a district or local
issue or question, not later than the dates
specified in divisions (A)(1), (2), (3), and (4)
of section 3517.10 of the Revised Code, and,
except as otherwise provided in that section,
(d) State political parties; (2) The secretary of state shall make the information
required to be stored under division (B) of this
(e) Individuals, partnerships, corporations, labor section available on computer at the secretary
organizations, or other entities that make of state’s office so that, to the maximum extent
independent expenditures in support of or feasible, individuals may obtain at the secretary
opposition to a statewide candidate or a of state’s office any part or all of that information
statewide ballot issue or question; for any given year, subject to the limitation
expressed in division (D) of this section.
(f) The campaign committees of candidates for
the office of member of the general assembly; (D) The secretary of state shall keep the information
stored on computer under division (B) of this section
(g) County political parties, with respect to their for at least six years.
state candidate funds.
(E)(1) Subject to division (L) of this section
(2) The secretary of state shall store on computer and subject to the secretary of state having
the information contained in disclosure of implemented, tested, and verified the successful
operation of any system the secretary of state statement for completeness and accuracy
prescribes pursuant to division (H)(1) of this pursuant to division (B)(3)(a) of section 3517.11
section and divisions (C)(6)(b) and (D)(6) of of the Revised Code, the campaign committee
section 3517.10 of the Revised Code for the shall file by electronic means of transmission
filing of campaign finance statements by any addendum to the statement that provides
electronic means of transmission, the campaign the information necessary to complete or correct
committee of each candidate for statewide the statement or, if required by the secretary of
office may file the statements prescribed state under that division, an amended statement.
by section 3517.10 of the Revised Code by
electronic means of transmission or, if the Within five business days after the secretary of
total amount of the contributions received or state receives from a campaign committee of
the total amount of the expenditures made by a candidate for statewide office an addendum
the campaign committee for the applicable to the statement or an amended statement
reporting period as specified in division (A) of by electronic or other means of transmission
section 3517.10 of the Revised Code exceeds under this division or division (B)(3)(a) of
ten thousand dollars, shall file those statements section 3517.11 of the Revised Code, the
by electronic means of transmission. secretary of state shall make the contribution
and expenditure information in the addendum
Except as otherwise provided in this division, or amended statement available online to the
within five business days after a statement filed public through the internet as provided in
by a campaign committee of a candidate for division (I) of this section.
statewide office is received by the secretary
of state by electronic or other means of (2) Subject to the secretary of state having
transmission, the secretary of state shall make implemented, tested, and verified the successful
available online to the public through the operation of any system the secretary of state
internet, as provided in division (I) of this prescribes pursuant to division (H)(1) of this
section, the contribution and expenditure section and divisions (C)(6)(b) and (D)(6) of
information in that statement. The secretary section 3517.10 of the Revised Code for the
of state shall not make available online to the filing of campaign finance statements by
public through the internet any contribution electronic means of transmission, a political
or expenditure information contained in a action committee and a political contributing
statement for any candidate until the secretary entity described in division (B)(1)(b) of this
of state is able to make available online to the section, a legislative campaign fund, and a
public through the internet the contribution state political party may file the statements
and expenditure information for all candidates prescribed by section 3517.10 of the Revised
for a particular office, or until the applicable Code by electronic means of transmission or, if
filing deadline for that statement has passed, the total amount of the contributions received
whichever is sooner. As soon as the secretary or the total amount of the expenditures made
of state has available all of the contribution and by the political action committee, political
expenditure information for all candidates for contributing entity, legislative campaign fund, or
a particular office, or as soon as the applicable state political party for the applicable reporting
filing deadline for a statement has passed, period as specified in division (A) of section
whichever is sooner, the secretary of state shall 3517.10 of the Revised Code exceeds ten
simultaneously make available online to the thousand dollars, shall file those statements by
public through the internet the information for electronic means of transmission.
all candidates for that office.
Within five business days after a statement filed
If a statement filed by electronic means by a political action committee or a political
of transmission is found to be incomplete contributing entity described in division (B)
or inaccurate after the examination of the (1)(b) of this section, a legislative campaign
fund, or a state political party is received by the
secretary of state by electronic or other means Within five business days after a statement filed
of transmission, the secretary of state shall by a county political party with respect to its
make available online to the public through state candidate fund is received by the secretary
the internet, as provided in division (I) of this of state by electronic means of transmission, the
section, the contribution and expenditure secretary of state shall make available online to
information in that statement. the public through the internet, as provided in
division (I) of this section, the contribution and
If a statement filed by electronic means expenditure information in that statement.
of transmission is found to be incomplete
or inaccurate after the examination of the If a statement is found to be incomplete
statement for completeness and accuracy or inaccurate after the examination of the
pursuant to division (B)(3)(a) of section statement for completeness and accuracy
3517.11 of the Revised Code, the political pursuant to division (B)(3)(a) of section 3517.11
action committee, political contributing entity, of the Revised Code, a county political party
legislative campaign fund, or state political party shall file by electronic means of transmission
shall file by electronic means of transmission any addendum to the statement that provides
any addendum to the statement that provides the information necessary to complete or correct
the information necessary to complete or correct the statement or, if required by the secretary of
the statement or, if required by the secretary of state under that division, an amended statement.
state under that division, an amended statement.
Within five business days after the secretary
Within five business days after the secretary of of state receives from a county political party
state receives from a political action committee an addendum to the statement or an amended
or a political contributing entity described in statement by electronic means of transmission
division (B)(1)(b) of this section, a legislative under this division or division (B)(3)(a) of
campaign fund, or a state political party an section 3517.11 of the Revised Code, the
addendum to the statement or an amended secretary of state shall make the contribution
statement by electronic or other means of and expenditure information in the addendum
transmission under this division or division (B) or amended statement available online to the
(3)(a) of section 3517.11 of the Revised Code, public through the internet as provided in
the secretary of state shall make the contribution division (I) of this section.
and expenditure information in the addendum
or amended statement available online to the (F)(1) Subject to division (L) of this section and subject
public through the internet as provided in to the secretary of state having implemented,
division (I) of this section. tested, and verified the successful operation
of any system the secretary of state prescribes
(3) Subject to the secretary of state having pursuant to division (H)(1) of this section
implemented, tested, and verified the successful and divisions (C)(6)(b) and (D)(6) of section
operation of any system the secretary of 3517.10 of the Revised Code for the filing of
state prescribes pursuant to division (H)(1) campaign finance statements by electronic
of this section and divisions (C)(6)(b) and (D) means of transmission, a campaign committee
(6) of section 3517.10 of the Revised Code of a candidate for the office of member of the
for the filing of campaign finance statements general assembly or a campaign committee of
by electronic means of transmission, a a candidate for the office of judge of a court
county political party shall file the statements of appeals may file the statements prescribed
prescribed by section 3517.10 of the Revised by section 3517.10 of the Revised Code in
Code with respect to its state candidate fund by accordance with division (A)(2) of section
electronic means of transmission to the office of 3517.11 of the Revised Code or by electronic
the secretary of state. means of transmission to the office of the
secretary of state or, if the total amount of
the contributions received by the campaign
committee for the applicable reporting period Within five business days after the secretary
as specified in division (A) of section 3517.10 of of state receives from a campaign committee
the Revised Code exceeds ten thousand dollars, of a candidate for the office of member of the
shall file those statements by electronic means general assembly or a campaign committee of
of transmission to the office of the secretary of a candidate for the office of judge of a court
state. of appeals an addendum to the statement or
an amended statement by electronic or other
Except as otherwise provided in this division, means of transmission under this division or
within five business days after a statement filed division (B)(3)(a) of section 3517.11 of the
by a campaign committee of a candidate for Revised Code, the secretary of state shall make
the office of member of the general assembly the contribution and expenditure information in
or a campaign committee of a candidate for the addendum or amended statement available
the office of judge of a court of appeals is online to the public through the internet as
received by the secretary of state by electronic provided in division (I) of this section.
or other means of transmission, the secretary of
state shall make available online to the public (2) If a statement, addendum, or amended
through the internet, as provided in division (I) statement is not filed by electronic means of
of this section, the contribution and expenditure transmission to the office of the secretary of
information in that statement. The secretary state but is filed by printed version only under
of state shall not make available online to the division (A)(2) of section 3517.11 of the Revised
public through the internet any contribution Code with the appropriate board of elections,
or expenditure information contained in a the campaign committee of a candidate for
statement for any candidate until the secretary the office of member of the general assembly
of state is able to make available online to the or a campaign committee of a candidate for
public through the internet the contribution the office of judge of a court of appeals shall
and expenditure information for all candidates file two copies of the printed version of the
for a particular office, or until the applicable statement, addendum, or amended statement
filing deadline for that statement has passed, with the board of elections. The board of
whichever is sooner. As soon as the secretary elections shall send one of those copies by
of state has available all of the contribution and certified mail to the secretary of state before
expenditure information for all candidates for the close of business on the day the board of
a particular office, or as soon as the applicable elections receives the statement, addendum, or
filing deadline for a statement has passed, amended statement.
whichever is sooner, the secretary of state shall
simultaneously make available online to the (G) Subject to the secretary of state having
public through the internet the information for implemented, tested, and verified the successful
all candidates for that office. operation of any system the secretary of state
prescribes pursuant to division (H)(1) of this section
If a statement filed by electronic means and divisions (C)(6)(b) and (D)(6) of section 3517.10
of transmission is found to be incomplete of the Revised Code for the filing of campaign finance
or inaccurate after the examination of the statements by electronic means of transmission, any
statement for completeness and accuracy individual, partnership, or other entity that makes
pursuant to division (B)(3)(a) of section 3517.11 independent expenditures in support of or opposition
of the Revised Code, the campaign committee to a statewide candidate or a statewide ballot issue
shall file by electronic means of transmission to or question as provided in division (B)(2)(b) or (C)(2)
the office of the secretary of state any addendum (b) of section 3517.105 of the Revised Code may file
to the statement that provides the information the statement specified in that division by electronic
necessary to complete or correct the statement means of transmission or, if the total amount of
or, if required by the secretary of state under that independent expenditures made during the reporting
division, an amended statement. period under that division exceeds ten thousand
dollars, shall file the statement specified in that communications statement, an amended
division by electronic means of transmission. deposit and disbursement statement, or an
amended gift and disbursement statement, or an
Within five business days after a statement filed by amended donation and disbursement statement,
an individual, partnership, or other entity is received under this section or section 3517.10,
by the secretary of state by electronic or other means 3517.105, 3517.1011, 3517.1012, 3517.1013,
of transmission, the secretary of state shall make or 3517.1014 of the Revised Code shall
available online to the public through the internet, as electronically sign the statement, addendum, or
provided in division (I) of this section, the expenditure amended statement. Any technique prescribed
information in that statement. by the secretary of state pursuant to this division
shall create an electronic signature that satisfies
If a statement filed by electronic means of all of the following:
transmission is found to be incomplete or
inaccurate after the examination of the statement for (a) It is unique to the signer.
completeness and accuracy pursuant to division (B)
(3)(a) of section 3517.11 of the Revised Code, the (b) It objectively identifies the signer.
individual, partnership, or other entity shall file by
electronic means of transmission any addendum to (c) It involves the use of a signature device or
the statement that provides the information necessary other means or method that is under the
to complete or correct the statement or, if required by sole control of the signer and that cannot be
the secretary of state under that division, an amended readily duplicated or compromised.
statement.
(d) It is created and linked to the electronic
Within five business days after the secretary of state record to which it relates in a manner that,
receives from an individual, partnership, or other if the record or signature is intentionally or
entity described in division (B)(2)(b) or (C)(2)(b) of unintentionally changed after signing, the
section 3517.105 of the Revised Code an addendum electronic signature is invalidated.
to the statement or an amended statement by
electronic or other means of transmission under this (2) An electronic signature prescribed by the
division or division (B)(3)(a) of section 3517.11 of secretary of state under division (H)(1) of this
the Revised Code, the secretary of state shall make section shall be attached to or associated with
the expenditure information in the addendum or the statement of contributions and expenditures,
amended statement available online to the public the statement of independent expenditures, the
through the internet as provided in division (I) of this disclosure of electioneering communications
section. statement, the deposit and disbursement
statement, the gift and disbursement statement,
(H)(1) The secretary of state, by rule adopted or the donation and disbursement statement,
pursuant to section 3517.23 of the Revised the addendum to any of those statements,
Code, shall prescribe one or more techniques the amended statement of contributions
by which a person who executes and and expenditures, the amended statement
transmits by electronic means a statement of of independent expenditures, the amended
contributions and expenditures, a statement disclosure of electioneering communications
of independent expenditures, a disclosure of statement, the amended deposit and
electioneering communications statement, a disbursement statement, or the amended gift
deposit and disbursement statement, or a gift and disbursement statement, or the amended
and disbursement statement, or a donation and donation and disbursement statement that is
disbursement statement, an addendum to any executed and transmitted by electronic means
of those statements, an amended statement of by the person to whom the electronic signature
contributions and expenditures, an amended is attributed. The electronic signature that is
statement of independent expenditures, attached to or associated with the statement,
an amended disclosure of electioneering addendum, or amended statement under this
division shall be binding on all persons and to division (H)(1) of this section and divisions
for all purposes under the campaign finance (C)(6)(b) and (D)(6) of section 3517.10 of the
reporting law as if the signature had been Revised Code includes filing those statements
handwritten in ink on a printed form. through the internet via the world wide web,
the secretary of state shall notify all libraries of
(I) The secretary of state shall make the contribution the world wide web location at which those
and expenditure, the contribution and disbursement, statements may be filed.
the deposit and disbursement, the gift and
disbursement, or the donation and disbursement If those statements may be filed through the
information in all statements, all addenda to the internet via the world wide web and if the
statements, and all amended statements that are secretary of state has notified a library of that
filed with the secretary of state by electronic or world wide web location as required by this
other means of transmission under this section or division, the library shall include a link to that
section 3517.10, 3517.105, 3517.1011, 3517.1012, world wide web location on each internet-
3517.1013, 3517.1014, or 3517.11 of the Revised connected computer it maintains that is
Code available online to the public by any means that accessible to the public.
are searchable, viewable, and accessible through the
internet. (K) It is an affirmative defense to a complaint or
charge brought against any campaign committee,
(J)(1) As used in this division, “library” means a library political action committee, political contributing
that is open to the public and that is one of the entity, legislative campaign fund, or political party,
following: any individual, partnership, or other entity, any person
making disbursements to pay the direct costs of
(a) A library that is maintained and regulated producing or airing electioneering communications,
under section 715.13 of the Revised Code; or any treasurer of a transition fund, for the failure to
file by electronic means of transmission a campaign
(b) A library that is created, maintained, and finance statement as required by this section or
regulated under Chapter 3375. of the Revised section 3517.10, 3517.105, 3517.1011, 3517.1012,
Code. 3517.1013, or 3517.1014 of the Revised Code that
all of the following apply to the campaign committee,
(2) The secretary of state shall notify all libraries
political action committee, political contributing
of the location on the internet at which the
entity, legislative campaign fund, or political party,
contribution and expenditure, contribution
the individual, partnership, or other entity, the person
and disbursement, deposit and disbursement,
making disbursements to pay the direct costs of
gift and disbursement, or donation and
producing or airing electioneering communications,
disbursement information in campaign finance
or the treasurer of a transition fund that failed to so
statements required to be made available online
file:
to the public through the internet pursuant to
division (I) of this section may be accessed. (1) The campaign committee, political action
committee, political contributing entity,
If that location is part of the world wide web
legislative campaign fund, or political party,
and if the secretary of state has notified a library
the individual, partnership, or other entity, the
of that world wide web location as required
person making disbursements to pay the direct
by this division, the library shall include a
costs of producing or airing electioneering
link to that world wide web location on each
communications, or the treasurer of a transition
internet-connected computer it maintains that is
fund attempted to file by electronic means of
accessible to the public.
transmission the required statement prior to the
(3) If the system the secretary of state prescribes deadline set forth in the applicable section.
for the filing of campaign finance statements
(2) The campaign committee, political action
by electronic means of transmission pursuant
committee, political contributing entity,
legislative campaign fund, or political party, the amount of which the secretary of state
the individual, partnership, or other entity, the shall determine by rule. The amount of the
person making disbursements to pay the direct fee established under this division shall not
costs of producing or airing electioneering exceed the data entry and data verification
communications, or the treasurer of a transition costs the secretary of state will incur to
fund was unable to file by electronic means of convert the information on the statement
transmission due to an expected or unexpected to an electronic format as required under
shutdown of the whole or part of the electronic division (I) of this section.
campaign finance statement-filing system, such
as for maintenance or because of hardware, (c) The secretary of state shall arrange for the
software, or network connection failure. information in campaign finance statements
filed pursuant to division (L) of this section
(3) The campaign committee, political action to be made available online to the public
committee, political contributing entity, through the internet in the same manner,
legislative campaign fund, or political party, and at the same times, as information is
the individual, partnership, or other entity, the made available under divisions (E), (F),
person making disbursements to pay the direct and (I) of this section for candidates whose
costs of producing or airing electioneering campaign committees file those statements
communications, or the treasurer of a transition by electronic means of transmission.
fund filed by electronic means of transmission
the required statement within a reasonable (d) The candidate of an eligible campaign
period of time after being unable to so file it committee that intends to file a campaign
under the circumstance described in division (K) finance statement pursuant to division (L) of
(2) of this section. this section shall file a notice indicating that
the candidate’s campaign committee intends
(L)(1) The secretary of state shall adopt rules pursuant to so file and stating that filing the statement
to Chapter 119. of the Revised Code to permit by electronic means of transmission would
a campaign committee of a candidate for constitute a hardship for the candidate or for
statewide office that makes expenditures of less the eligible campaign committee.
than twenty-five thousand dollars during the
filing period or a campaign committee for the (e) An eligible campaign committee that files
office of member of the general assembly or the a campaign finance statement on paper
office of judge of a court of appeals that would pursuant to division (L) of this section shall
otherwise be required to file campaign finance review the contribution and information
statements by electronic means of transmission made available online by the secretary of
under division (E) or (F) of this section to file state with respect to that paper filing and
those statements by paper with the office of the shall notify the secretary of state of any errors
secretary of state. Those rules shall provide for with respect to that filing that appear in the
all of the following: data made available on that web site.
(a) An eligible campaign committee that wishes (f) If an eligible campaign committee whose
to file a campaign finance statement by candidate has filed a notice in accordance
paper instead of by electronic means of with rules adopted under division (L)(1)
transmission shall file the statement on (d) of this section subsequently fails to file
paper with the office of the secretary of state that statement on paper by the applicable
not sooner than twenty-four hours after the deadline established in rules adopted under
end of the filing period set forth in section division (L)(1)(a) of this section, penalties
3517.10 of the Revised Code that is covered for the late filing of the campaign finance
by the applicable statement. statement shall apply to that campaign
committee for each day after that paper filing
(b) The statement shall be accompanied by a fee, deadline, as if the campaign committee
had filed the statement after the applicable organization. A federal political committee registered
deadline set forth in division (A) of section with the secretary of state under this division shall
3517.10 of the Revised Code. file with the secretary of state any amendment to its
statement of organization that is required under the
(2) The process for permitting campaign Federal Election Campaign Act to be reported to the
committees that would otherwise be required to federal election commission.
file campaign finance statements by electronic
means of transmission to file those statements (C) When, during any federal reporting period under
on paper with the office of the secretary of the Federal Election Campaign Act, a federal political
state that is required to be developed under committee makes a contribution, expenditure, or
division (L)(1) of this section shall be in effect independent expenditure from its federal account in
and available for use by eligible campaign connection with a state or local election in Ohio, the
committees for all campaign finance statements committee shall file with the secretary of state not
that are required to be filed on or after June 30, later than the date on which its report is required to
2005. Notwithstanding any provision of the be filed with the appropriate federal office or officer
Revised Code to the contrary, if the process the under the Federal Election Campaign Act, copies of
secretary of state is required to develop under the following pages from that report:
division (L)(1) of this section is not in effect
and available for use on and after June 30, (1) The summary page;
2005, all penalties for the failure of campaign
committees to file campaign finance statements (2) The detailed summary page;
by electronic means of transmission shall be
(3) The page or pages that contain an itemized
suspended until such time as that process is in
list of the contributions, expenditures, and
effect and available for use.
independent expenditures made in connection
(3) Notwithstanding any provision of the Revised with state and local elections in Ohio.
Code to the contrary, any eligible campaign
The total amount of contributions, expenditures,
committee that files campaign finance
and independent expenditures made in
statements on paper with the office of the
connection with state and local elections in
secretary of state pursuant to division (L)(1) of
Ohio shall be reflected on the summary page
this section shall be deemed to have filed those
or on a form that the secretary of state shall
campaign finance statements by electronic
prescribe.
means of transmission to the office of the
secretary of state. (D) When, during any calendar year, a federal
political committee makes a contribution from its
3517.107 Federal political committees federal account in connection with a state or local
election in Ohio to a state or local political action
(A) As used in this section, “federal political
committee that is required under section 3517.11 of
committee” means a political committee, as defined
the Revised Code to file any statement prescribed by
in the Federal Election Campaign Act, that is
section 3517.10 of the Revised Code, and the federal
registered with the federal election commission under
political committee and state or local political action
that act.
committee are established, financed, maintained, or
(B) Any federal political committee may make controlled by the same corporation, organization,
contributions, expenditures, or independent continuing association, or other person, including
expenditures from its federal account in connection any parent, sub-sidiary, division, department, or
with any state or local election in Ohio. Prior to unit of that corporation, organization, continuing
making any such contribution, ex-penditure, or association, or other person, the federal political
independent expenditure, the federal political committee shall file a statement with the secretary of
committee shall register with the secretary of state by state not later than the last business day of January
filing a copy of its most recent federal statement of of the next calendar year. The statement shall be
on a form prescribed by the secretary of state and that individual, political action committee, political
shall include a list of the names and addresses of contributing entity, or other campaign committee. Any
contributors that are residents of Ohio that made additional contribution that a campaign committee
contributions to the federal political committee accepts under this division shall count toward the
during the calendar year covered by the statement applicable limitations prescribed under section
and, for each name listed, the aggregate total amount 3517.102 of the Revised Code for that primary or
contributed by each contributor during the reporting general election period at the end of which the debt
period. remains unpaid, and shall not count toward the
applicable limitations for any other primary or general
3517.108 Additional contributions to pay election period if all of the following conditions
campaign debts apply:
(A) As used in divisions (A) and (B) of this section: (1) The campaign committee reports, on the
statement required to be filed under division
(1) “Candidate” has the same meaning as in section (A)(2) of section 3517.10 of the Revised Code,
3517.01 of the Revised Code but includes only all debt remaining unpaid at the end of the
candidates for the offices of governor, lieutenant election period. The committee shall also file
governor, secretary of state, auditor of state, a separate statement, on a form prescribed by
treasurer of state, attorney general, member of the secretary of state, at the same time that the
the state board of education, member of the committee is required to file a statement of
general assembly, chief justice of the supreme contributions and expenditures under section
court, and justice of the supreme court. 3517.10 of the Revised Code. The separate
statement shall include the name and address
(2) A “general election period” begins on the of each contributor who makes an additional
day after the primary election immediately contribution under division (B) of this section,
preceding the general election at which a how the contribution was applied to pay the
candidate seeks an office specified in division unpaid debt as required by division (B)(3) of this
(A)(1) of this section and ends on the thirty- section, and the balance of the unpaid debt after
first day of December following that general each contribution was applied to it.
election.
(2) The additional contributions are accepted only
(3) A “primary election period” begins on the first during the primary or general election period,
day of January of the year following the year whichever is applicable, immediately following
in which the general election was held for the the election period covered in the statement
office that the candidate seeks, including any filed under division (B)(1) of this section.
mid-term election, and ends on the day of the
primary election. (3) All additional contributions made under
division (B) of this section are used by the
(B) Whenever the campaign committee of a candidate campaign committee that receives them only to
has unpaid debt at the end of a primary election pay the debt of the committee reported under
period or at the end of a general election period, division (B)(1) of this section.
the committee may accept additional contributions
during the immediately following election period (4) The campaign committee maintains a separate
up to the applicable limitation prescribed under account for all additional contributions made
section 3517.102 of the Revised Code from any under division (B) of this section and uses
individual, political action committee, political moneys in that account only to pay the unpaid
contributing entity, or other campaign committee debt reported under division (B)(1) of this
who, during the primary or general election period section and to administer the account.
for which debt remains unpaid, has contributed less
than the contribution limitations prescribed under (5) The campaign committee stops accepting
section 3517.102 of the Revised Code applicable to additional contributions after funds sufficient
to repay the unpaid debt reported under (a) In the case of a contribution from a
division (B)(1) of this section have been raised contributor whose contributions are subject
and promptly disposes of any contributions to the contribution limits described in
received that exceed the amount of the unpaid division (B)(1), (2), (3), (6)(a), or (7) of section
debt by returning the excess contributions 3517.102 of the Revised Code, that portion
to the contributors or by giving the excess of the amount of the contributor’s aggregate
contributions to an organization that is exempt contribution that does not exceed the
from federal income taxation under subsection preprimary contribution limit applicable to
501(a) and described in subsection 501(c)(3), that contributor.
(4), (8), (10), or (19) of the Internal Revenue
Code. (b) In the case of a contribution or contributions
from a contributor whose contributions
3517.109 Disposal of excess funds and are not subject to the contribution limits
contributions; reports and declarations described in divisions (B)(1), (2), (3), (6)(a), or
(7) of section 3517.102 of the Revised Code,
(A) As used in this section: the total of the following:
(1) “Candidate” has the same meaning as in section (i) That portion of the aggregate contribution
3517.01 of the Revised Code but includes only that was received as in-kind services;
candidates for the offices of governor, lieutenant
governor, secretary of state, auditor of state, (ii) That portion of the aggregate contribution
treasurer of state, attorney general, member of that was received as cash and does not
the state board of education, and member of the exceed the applicable preprimary cash
general assembly. transfer or contribution limits described in
division (B)(6)(b) of section 3517.102 of
(2) “Statewide candidate” means the joint the Revised Code.
candidates for the offices of governor and
lieutenant governor or a candidate for the office (8) “Excess aggregate contribution” means,
of secretary of state, auditor of state, treasurer of for each contributor, the amount by which
state, attorney general, and member of the state that contributor’s aggregate contribution
board of education. exceeds that contributor’s allowable aggregate
contribution.
(3) “Senate candidate” means a candidate for the
office of state senator. (9) “Pre-filing period” means the period of time
ending on the day that the candidacy petitions
(4) “House candidate” means a candidate for the are due for the state office for which the
office of state representative. candidate has filed and beginning on the latest
date of the following:
(5) “State office” means the offices of governor,
lieutenant governor, secretary of state, auditor (a) The first day of January of the year following
of state, treasurer of state, attorney general, the general election in which that state office
member of the state board of education, and was last on the ballot;
member of the general assembly.
(b) The first day of January of the year following
(6) “Aggregate contribution” means the total of all the general election in which the candidate
contributions from a contributor during the pre- was last a candidate for any office;
filing period.
(c) The first day of the month following the
(7) “Allowable aggregate contribution” means all of primary election in which the candidate was
the following: last a candidate for any office.
(10) “Filing date” means the last date on which a will become a candidate for nomination or
candidacy petition may be filed for an office. election.
(11) “Applicable carry-in limit” means thirty-five (B) Each candidate who files for state office, not
thousand dollars if the candidate is a house later than the filing date for that office, shall dispose
candidate or a candidate for the state board of any excess funds. Each covered candidate who
of education, one hundred thousand dollars if files for state office, not later than the filing date for
the candidate is a senate candidate, and two that office, shall dispose of any excess aggregate
hundred thousand dollars if the candidate is a contributions.
statewide candidate other than a candidate for
the state board of education. (C) Any campaign committee that is required
to dispose of excess funds or excess aggregate
(12) “Campaign asset” means prepaid, purchased, contributions under division (B) of this section shall
or donated assets available to the candidate dispose of that excess amount or amounts by doing
on the date of the filing deadline for the office any of the following:
the candidate is seeking that will be consumed
or depleted in the course of the candidate’s (1) Giving the amount to the treasurer of state for
election campaign, including, but not limited deposit into the state treasury to the credit of
to, postage, prepaid rent for campaign the Ohio elections commission fund created by
headquarters, prepaid radio, television, and division (I) of section 3517.152 of the Revised
newspaper advertising, and other prepaid Code;
consulting and personal services.
(2) Giving the amount to individuals who made
(13) “Permitted funds” means the sum of the contributions to that campaign committee as a
following: refund of all or part of their contributions;
(a) The total of the allowable aggregate (3) Giving the amount to a corporation that is
contribution of each contributor; exempt from federal income taxation under
subsection 501(a) and described in subsection
(b) The applicable carry-in limit. 501(c) of the Internal Revenue Code.
(14) “Excess funds” means the amount by which (D)(1) Subject to division (D)(2) of this section, no
the sum of the total cash on hand and total candidate or covered candidate shall appear
reported campaign assets exceeds permitted on the ballot, even if certified to appear on
funds. the ballot, unless the candidate’s or covered
candidate’s campaign committee has disposed
(15) “Covered candidate” means both of the of excess funds, excess aggregate contributions,
following: or both as required by divisions (B) and (C) of
this section.
(a) A candidate who, during the pre-filing
period, accepts or has a campaign committee (2) If the excess aggregate contributions accepted
that accepts contributions on the candidate’s by a covered candidate or a covered candidate’s
behalf for the purpose of nominating or campaign committee aggregate a total of less
electing the candidate to any office not than five thousand dollars from all contributors,
subject to the contribution limits prescribed that candidate shall not be prohibited from
in section 3517.102 of the Revised Code; appearing on the ballot under division (D)(1) of
this section.
(b) A person who, during the pre-filing period,
accepts or has a campaign committee (E)(1) The campaign committee of each candidate
that accepts contributions on the person’s required to dispose of excess funds under this
behalf prior to the person deciding upon or section shall file a report, on a form prescribed
announcing the office for which the person
by the secretary of state, with the official or (e) The applicable carry-in limit, if any.
board with which the candidate is required to
file statements under section 3517.11 of the (3) In addition to the information required to
Revised Code. The report shall be filed by the be included in a report of filing-day finances
seventh day following the filing deadline for the filed under division (F)(1) of this section, the
office the candidate is seeking, shall indicate the campaign committee of each covered candidate
amount of excess funds disposed of, and shall shall include both of the following in that
describe the manner in which the campaign report:
committee disposed of the excess amount.
(a) The total of all excess aggregate contributions;
(2) In addition to the information required to be
included in a report filed under division (E)(1) (b) For each contributor, if any, for whom there is
of this section, the campaign committee of each an excess aggregate contribution, the name,
covered candidate required to dispose of excess
address, aggregate contribution, and excess
aggregate contributions under this section shall
aggregate contribution.
include in that report the source and amount
of each excess aggregate contribution disposed (G) A campaign committee of a candidate is not
of and shall describe the manner in which the required to file a declaration of filing-day finances
campaign committee disposed of the excess under division (F) of this section if all of the following
amount. apply:
(F)(1) Each campaign committee of a candidate (1) The campaign committee has not accepted,
who has filed a declaration of candidacy or a during the pre-filing period, any aggregate
nominating petition for a state office, not later contribution greater than the applicable
than seven days after the filing date for the office amount.
the candidate is seeking, shall file a declaration
of filing-day finances, on a form prescribed by (2) The campaign committee had less than
the secretary of state, with the official or board the carry-in amount in cash on hand at the
with which the candidate is required to file beginning of the pre-filing period.
statements under section 3517.11 of the Revised
Code. (3) The candidate files a declaration, on a form
prescribed by the secretary of state, with the
(2) A declaration of filing-day finances shall list all official or board with which the candidate
of the following: is required to file statements under section
3517.11 of the Revised Code not later than
(a) The amount of cash on hand in the seven days after the filing date for the office that
candidate’s campaign fund on the filing date candidate is seeking, stating that the candidate’s
for the office the candidate is seeking. campaign committee has not accepted
aggregate contributions as described in division
(b) The value and description of all campaign
(G)(1) of this section and has less than the
assets worth five hundred dollars or more
carry-in amount in cash on hand as described in
available to the candidate on the filing
division (G)(2) of this section.
date. Assets purchased by the campaign
shall be valued at actual cost, and in-kind
contributions shall be valued at market value.
3517.1010 Disposal of excess funds
(A) As used in this section:
(c) The total of all aggregate contributions;
(1) “Aggregate contribution,” “allowable aggregate
(d) The total of all allowable aggregate
contribution,” “excess aggregate contribution,”
contributions;
and “pre-filing period” have the same meanings
as in section 3517.109 of the Revised Code.
(2) “Filing deadline” means the last date on which on the campaign committee’s declaration
a candidacy petition may be filed for an office. of no limits filed pursuant to division (D)
of section 3517.103 of the Revised Code.
(3) “Campaign asset” means prepaid, purchased, or
donated assets, goods, or services available to (b) In the case of a disposal of excess funds
the candidate’s campaign committee on the date under division (B)(5) of this section, the
specified in the filing required under division (F) product of both of the following:
of this section that will be consumed, depleted,
or used in the course of the candidate’s election (i) The sum of the cash on hand and reported
campaign, including, but not limited to, campaign assets at the end of the thirty-
postage, rent for any campaign office, radio, first day of December immediately
television, and newspaper advertising, and following the general election;
consulting and personal services.
(ii) The ratio of the sum of the allowable
(4) “Permitted funds” means one of the following: aggregate contributions of each
contributor and the general carry-in
(a) In the case of a disposal of excess funds amount to the sum of all contributions
under division (B)(1) of this section, the received during the general election
sum of the primary carry-in amount and the period and the general carry-in amount.
product of both of the following:
For the purposes of division (A)(4)(b) of
(i) The sum of the campaign committee’s this section, when a candidate has
net cash on hand and the campaign filed a declaration of no limits under
committee’s total reported campaign division (D)(2) of section 3517.103
assets on the day of the primary election of the Revised Code, the allowable
less the primary carry-in amount; aggregate contribution calculated for
each contributor is calculated as if the
(ii) The ratio of the sum of the allowable limitations on contributions prescribed
aggregate contributions of each in section 3517.102 of the Revised Code
contributor to the sum of all contributions were in effect.
received, during the period extending
from the first day on which, in accordance As used in division (A)(4)(b) of this section,
with division (D) of section 3517.103 “general carry-in amount” is the sum
of the Revised Code, the contribution of the campaign committee’s reported
limitations prescribed in section 3517.102 campaign assets and net cash on hand as
of the Revised Code no longer apply to of the day of the primary election, after
the campaign committee through the end the committee has disposed of excess
of the primary election period. funds under division (B)(1) of this section,
if required. “General election period” has
For the purposes of division (A)(4)(a) of the same meaning as in section 3517.102
this section, the allowable aggregate of the Revised Code.
contribution of each contributor is
calculated as if the limitations on (5) “Excess funds” means the amount by which the
contributions prescribed in section sum of the campaign committee’s cash on hand
3517.102 of the Revised Code were in on the date specified in the filing required to be
effect. made under division (F) of this section and total
reported campaign assets exceeds permitted
As used in division (A)(4)(a) of this section, funds.
“primary carry-in amount” is the sum of
the campaign committee’s cash on hand (6) “Net cash on hand” means the cash on hand on
and reported campaign assets as reported the day of the primary election less the sum of
all debts and obligations reported under division (b) The campaign committee is not a designated
(F) of this section. state campaign committee for the purpose
of making contributions to a legislative
(B)(1) Except as otherwise provided in division (G) campaign fund or to the state candidate fund
of this section, the campaign committee of any of a state or county political party.
candidate who has filed a declaration of no
limits in accordance with division (D) of section (4) Except as otherwise provided in division (G)
3517.103 of the Revised Code, and to which of this section, the campaign committee of any
the contribution limitations prescribed in section candidate that has expended personal funds in
3517.102 of the Revised Code no longer apply excess of the amount specified in division (C)
during a primary election period, shall dispose of (1) or (2) of section 3517.103 of the Revised
any excess funds not later than fourteen days after Code shall dispose of any excess funds not later
the day on which the primary election was held. than fourteen days after the day on which the
primary election is held or the thirty-first day of
(2) The campaign committee of any candidate that December after the day on which the general
has filed a personal funds notice under division election was held, whichever is applicable, or
(C)(1) or (2) of section 3517.103 of the Revised choose to retain personal funds under division
Code shall, at the end of the primary election (B)(2) of this section. The calculation of excess
period, do one of the following: funds under this division shall be made in
the same manner that a campaign committee
(a) Return that portion of the personal funds is required to dispose of excess funds under
remaining in the candidate’s campaign division (B)(1) or (5) of this section, whichever
committee fund at the end of the primary election period is applicable. For the purposes
election period that are excess funds not later of this division, the allowable aggregate
than fourteen days after the day on which the contribution of each contributor, including one
primary election was held; or more contributions from the candidate and
from the candidate’s spouse, parents, children,
(b) Retain the personal funds remaining in the
sons-in-law, daughters-in-law, brothers, sisters,
candidate’s campaign committee fund at
grandparents, mothers-in-law, fathers-in-law,
the end of the primary election period and
brothers-in-law, sisters-in-law, or grandparents
file a statement with the secretary of state
by marriage, is calculated for that contributor
declaring that the campaign committee will
as if the contribution limitations prescribed by
retain those remaining personal funds in the
section 3517.102 of the Revised Code were in
committee’s campaign fund and indicating
effect.
the amount of remaining personal funds that
would be characterized as excess funds. (5) Except as otherwise provided in division (G)
of this section, the campaign committee of
(3) If a campaign committee elects to retain
any candidate to which, in accordance with
personal funds pursuant to division (B)(2)(b) of
division (D) of section 3517.103 of the Revised
this section, both of the following apply:
Code, the contribution limitations prescribed
(a) The amount characterized as excess funds is in section 3517.102 of the Revised Code no
considered to be an expenditure of personal longer apply during a general election period
funds for the purpose of determining whether shall dispose of any excess funds not later than
the amount of personal funds the campaign the thirty-first day of December after the day on
committee has received under division (C) which the general election was held.
(1) or (2) of section 3517.103 of the Revised
(6) Notwithstanding division (B) of section
Code during an election period exceeds the
3517.109 of the Revised Code, the amount of
amounts specified in those divisions.
excess aggregate contributions required to be
disposed of under that division by a candidate
whose contribution limitations have been
reimposed pursuant to division (D)(4) of section (3) The campaign committee of a candidate
3517.103 of the Revised Code is limited to no for state office as defined in division (A) of
more than the sum of the following: section 3517.109 of the Revised Code has
not substantially complied with the disposal
(a) The difference between the sum of the cash requirements of division (B) of this section
on hand and reported campaign assets on if, upon initial review of a declaration filed
the date of the declaration of candidacy pursuant to division (F) of this section, it is
filing deadline, date of death, or date of discovered that the candidate’s campaign
withdrawal, whichever is applicable, less committee has failed to dispose of excess funds
the sum of the cash on hand and reported or excess aggregate contributions totaling in the
campaign assets reported on the campaign aggregate more than ten thousand dollars.
committee’s declaration of no limits under
division (D)(2) of section 3517.103 of the (4) The campaign committee of a candidate for
Revised Code; member of the general assembly has not
substantially complied with the disposal
(b) The sum of the aggregate excess requirements of division (B) of this section
contributions of all contributors made from if, upon initial review of a declaration filed
the beginning of the primary election period pursuant to division (F) of this section, it is
to the day immediately preceding the day discovered that the candidate’s campaign
on which contribution limitations prescribed committee has failed to dispose of excess funds
in section 3517.102 of the Revised Code or excess aggregate contributions totaling in
became inapplicable pursuant to division (D) the aggregate more than twenty-five hundred
(1) of section 3517.103 of the Revised Code. dollars.
(C) Any campaign committee that is required (5) Any campaign committee that has received
to dispose of excess funds or excess aggregate a letter indicating substantial compliance as
contributions under division (B) of this section provided for in division (D)(2) of this section
shall dispose of the excess amount or amounts in shall, within thirty days after receiving such
accordance with division (C) of section 3517.109 of a letter, fully comply with the disposal
the Revised Code. requirements of division (B) of this section.
(D)(1) Any candidate who knowingly fails to (E) When the campaign committee of a candidate files
dispose of excess funds or excess aggregate a personal funds notice in accordance with division
contributions as required by divisions (B) and (C), or a declaration of no limits in accordance with
(C) of this section, except a candidate whose division (D), of section 3517.103 of the Revised
campaign committee has been given a letter Code, the campaign committee of each such
of substantial compliance as provided for in candidate shall file in the case of a primary election
division (D)(2) of this section, shall not appear period a declaration of primary-day finances not later
on the ballot, even if the candidate has been than fourteen days after the day on which the primary
certified to appear on the ballot. election was held, or shall file in the case of a general
election period a declaration of year-end finances
(2) The secretary of state shall, after initially not later than the last business day of January of the
examining and reviewing any declaration next calendar year immediately following the day on
provided for in division (F) of this section which the general election was held.
and making a determination that a campaign
committee has substantially complied with (F) The declaration of primary-day finances and
the disposal requirements of division (B) of declaration of year-end finances shall be filed on a
this section, promptly issue to the candidate’s form prescribed by the secretary of state and shall list
campaign committee a letter certifying that all of the following:
committee’s substantial compliance.
(1) The amount of net cash on hand in the official or board with which the candidate
candidate’s campaign committee fund at the is required to file statements under section
end of the day on which the primary election 3517.11 of the Revised Code, stating that
was held or cash on hand on the thirty-first day the committee has not accepted aggregate
of December immediately following the day on contributions as described in division (G)(1) of
which the general election was held, whichever this section.
is appropriate;
3517.1011 Disbursements for producing
(2) In the case of a declaration of primary-day or airing electioneering communications;
finances, any debt or other obligation incurred
by the committee during the primary election disclosure statement; contents
period and related to the primary election of the
(A) As used in this section:
campaign committee’s candidate;
(1) “Address” has the same meaning as in section
(3) The value and description of all campaign assets
3517.10 of the Revised Code.
worth five hundred dollars or more available to
the candidate at the end of the day on which the (2) “Broadcast, cable, or satellite communication”
primary election was held or on the thirty-first means a communication that is publicly
day of December immediately following the day distributed by a television station, radio station,
on which the general election was held; cable television system, or satellite system.
(4) The total of all aggregate contributions received (3) “Candidate” has the same meaning as in section
by the candidate’s campaign committee during 3501.01 of the Revised Code;
the primary or general election period;
(4) “Contribution” means any loan, gift, deposit,
(5) The total of all allowable aggregate forgiveness of indebtedness, donation, advance,
contributions received by the candidate’s payment, or transfer of funds or of anything of
campaign committee during the primary value, including a transfer of funds from an inter
or general election period, whichever vivos or testamentary trust or decedent’s estate,
is applicable. The allowable aggregate and the payment by any person other than the
contribution of each contributor shall be person to whom the services are rendered for
calculated as if the contribution limitations the personal services of another person, that
prescribed by section 3517.102 of the Revised is made, received, or used to pay the direct
Code were in effect. costs of producing or airing electioneering
communications.
(6) A description of all excess funds and excess
aggregate contributions disposed of by the (5)(a) “Coordinated electioneering communication”
candidate’s campaign committee in accordance means any electioneering communication
with division (B) of this section for that election. that is made pursuant to any arrangement,
coordination, or direction by a candidate or
(G) The campaign committee of a candidate is
a candidate’s campaign committee, by an
not required to dispose of excess funds or excess
officer, agent, employee, or consultant of a
aggregate contributions under division (B) of this
candidate or a candidate’s campaign committee,
section if both of the following apply:
or by a former officer, former agent, former
(1) The campaign committee has not accepted any employee, or former consultant of a candidate
aggregate contribution greater than the amount or a candidate’s campaign committee prior
applicable under that division. to the airing, broadcasting, or cablecasting
of the communication. An electioneering
(2) The campaign committee files on a form, communication is presumed to be a
prescribed by the secretary of state, with the “coordinated electioneering communication”
when it is either of the following:
(i) Based on information about a candidate’s person makes disbursements for the direct
plans, projects, or needs provided to the costs of producing or airing electioneering
person making the disbursement by the communications aggregating in excess of one
candidate or the candidate’s campaign dollar.
committee, by an officer, agent, employee,
or consultant of the candidate or the (7)(a) “Electioneering communication” means any
candidate’s campaign committee, or by broadcast, cable, or satellite communication
a former officer, former agent, former that refers to a clearly identified candidate
employee, or former consultant of the and that is made during either of the following
candidate or the candidate’s campaign periods of time:
committee, with a view toward having the
communication made; (i) If the person becomes a candidate before
the day of the primary election at which
(ii) Made by or through any person who is, or candidates will be nominated for election
has been, authorized to raise or expend to that office, between the date that the
funds on behalf of a candidate or the person becomes a candidate and the
candidate’s campaign committee, who is, thirtieth day prior to that primary election,
or has been, an officer, agent, employee, and between the date of the primary
or consultant of the candidate or of the election and the thirtieth day prior to the
candidate’s campaign committee, or who general election at which a candidate will
is, or has been, receiving any form of be elected to that office;
compensation or reimbursement from the
candidate or the candidate’s campaign (ii) If the person becomes a candidate after
committee or from an officer, agent, the day of the primary election at which
employee, or consultant of the candidate candidates were nominated for election
or of the candidate’s campaign committee. to that office, between the date of the
primary election and the thirtieth day
(b) An electioneering communication shall prior to the general election at which a
not be presumed to be a “coordinated candidate will be elected to that office.
electioneering communication” under
division (A)(5) (a)(ii) of this section if the (b) “Electioneering communication” does not
communication is made through any person include any of the following:
who provides a service that does not affect
(i) A communication that is publicly
the content of the communication, such as
disseminated through a means of
communications placed through the efforts of
communication other than a broadcast,
a media buyer, unless that person also affects
cable, or satellite television or radio
the content of the communication.
station. For example, “electioneering
(6) “Disclosure date” means both of the following: communication” does not include
communications appearing in print media,
(a) The first date during any calendar year including a newspaper or magazine,
by which a person makes disbursements handbill, brochure, bumper sticker,
for the direct costs of producing or airing yard sign, poster, billboard, and other
electioneering communications aggregating written materials, including mailings;
in excess of ten thousand dollars; communications over the internet,
including electronic mail; or telephone
(b) The same day of the week of each remaining communications.
week in the same calendar year as the day
of the week of the initial disclosure date (ii) A communication that appears in
established under division (A)(6)(a) of this a news story, commentary, public
section, if, during that remaining week, the service announcement, bona fide news
(iii) A communication that constitutes (12) “Publicly distributed” means aired, broadcast,
an expenditure or an independent cablecast, or otherwise disseminated for a fee.
expenditure under section 3517.01 of the
Revised Code; (13) “Refers to a clearly identified candidate”
means that the candidate’s name, nickname,
(iv) A communication that constitutes a photograph, or drawing appears, or the identity
candidate debate or forum or that solely of the candidate is otherwise apparent through
promotes a candidate debate or forum an unambiguous reference to the person such
and is made by or on behalf of the person as “the chief justice,” “the governor,” “member
sponsoring the debate or forum. of the Ohio senate,” “member of the Ohio
house of representatives,” “county auditor,”
(8) “Filing date” has the same meaning as in “mayor,” or “township trustee” or through an
section 3517.109 of the Revised Code. unambiguous reference to the person’s status as
a candidate.
(9) “Immigration and Nationality Act” means the
Immigration and Nationality Act, 110 Stat. 309 (B) For the purposes of this section, a person shall be
(1996), 8 U.S.C. 1101 et seq., as amended. considered to have made a disbursement if the person
has entered into a contract to make the disbursement.
(10) “Person” has the same meaning as in section
1.59 of the Revised Code and includes any (C) Any person intending to make a disbursement
political organization considered exempt from or disbursements for the direct costs of producing
income taxation under section 527 of the or airing electioneering communications, prior
Internal Revenue Code. to making the first disbursement for the direct
costs of producing or airing an electioneering
(11) “Political committee” means any of the communication, shall file a notice with the office of
following: the secretary of state that the person is intending to
make such disbursements.
(a) Any committee, club, association, or other
group of persons that receives contributions (D)(1) Every person that makes a disbursement or
aggregating in excess of one thousand disbursements for the direct costs of producing
dollars during a calendar year or that makes and airing electioneering communications
expenditures aggregating in excess of one aggregating in excess of ten thousand dollars
thousand dollars during a calendar year; during any calendar year shall file, within
twenty-four hours of each disclosure date, a
(b) Any separate segregated fund; disclosure of electioneering communications
statement containing the following information:
(c) Any state, county, or local committee of a
political party that does any of the following: (a) The full name and address of the person
making the disbursement, of any person
(i) Receives contributions aggregating in
sharing or exercising direction or control
excess of five thousand dollars during a
over the activities of the person making the
calendar year;
disbursement, and of the custodian of the
(ii) Makes payments that do not constitute books and accounts of the person making the
contributions or expenditures aggregating disbursement;
(b) The principal place of business of the (a) The month, day, and year that the contributor
person making the disbursement, if not an made the contribution or contributions
individual; aggregating two hundred dollars or more;
(c) The amount of each disbursement of more (b)(i) The full name and address of the
than one dollar during the period covered by contributor, and, if the contributor is a
the statement and the identity of the person political action committee, the registration
to whom the disbursement was made; number assigned to the political action
committee under division (D)(1) of section
(d) The nominations or elections to which the 3517.10 of the Revised Code;
electioneering communications pertain
and the names, if known, of the candidates (ii) If the contributor is an individual, the
identified or to be identified; name of the individual’s current employer,
if any, or, if the individual is self-employed,
(e) If the disbursements were paid out of a
the individual’s occupation and the name
segregated bank account that consists of
of the individual’s business, if any;
funds contributed solely by individuals
who are United States citizens or nationals (iii) If the contribution is transmitted pursuant
or lawfully admitted for permanent to section 3599.031 of the Revised Code
residence as defined in section 101(a)(20) from amounts deducted from the wages
of the Immigration and Nationality Act and salaries of two or more employees
directly to the account for electioneering that exceed in the aggregate one hundred
communications, the information specified dollars during the period specified in
in division (D)(2) of this section for all division (D)(1)(e) or (f) of this section,
contributors who contributed an aggregate as applicable, the full name of the
amount of two hundred dollars or more to employees’ employer and the full name
the segregated bank account and whose of the labor organization of which the
contributions were used for making the employees are members, if any.
disbursement or disbursements required to
be reported under division (D) of this section (c) A description of the contribution, if other
during the period covered by the statement. than money;
Nothing in this division prohibits or shall be
construed to prohibit the use of funds in such (d) The value in dollars and cents of the
a segregated bank account for a purpose contribution.
other than electioneering communications.
(3) Subject to the secretary of state having
(f) If the disbursements were paid out of funds implemented, tested, and verified the successful
not described in division (D)(1)(e) of this operation of any system the secretary of state
section, the information specified in division prescribes pursuant to divisions (C)(6)(b) and
(D)(2) of this section for all contributors (D)(6) of section 3517.10 and division (H)(1)
who contributed an aggregate amount of of section 3517.106 of the Revised Code for
two hundred dollars or more to the person the filing of campaign finance statements by
making the disbursement and whose electronic means of trans-mission, a person
contributions were used for making the shall file the disclosure of electioneering
disbursement or disbursements required to communications statement prescribed under
be reported under division (D) of this section divisions (D)(1) and (2) of this section by
during the period covered by the statement. electronic means of transmission to the office of
the secretary of state.
(2) For each contributor for which information is
required to be reported under division (D)(1)(e) Within five business days after the secretary
or (f) of this section, all of the following shall be of state receives a disclosure of electioneering
reported:
communications statement under this division, individual’s occupation and the name of the
the secretary of state shall make available online individual’s business, if any, to the recipient of
to the public through the internet, as provided the contribution at the time the contribution is
in division (I) of section 3517.106 of the Revised made.
Code, the contribution and disbursement
(F) In each electioneering communication, a
information in that statement.
statement shall appear or be presented in a clear and
If a filed disclosure of electioneering conspicuous manner that does both of the following:
communications statement is found to be (1) Clearly indicates that the electioneering
incomplete or inaccurate after its examination communication is not authorized by the
for completeness and accuracy pursuant to candidate or the candidate’s campaign
division (B)(3)(a) of section 3517.11 of the committee;
Revised Code, the person shall file by electronic
(2) Clearly identifies the person making
means of transmission to the office of the
the disbursement for the electioneering
secretary of state any addendum, amendment,
communication in accordance with section
or other correction to the statement that
3517.20 of the Revised Code.
provides the information necessary to complete
or correct the statement or, if required by (G) Any coordinated electioneering communication
the secretary of state under that division, an is an in-kind contribution, subject to the applicable
amended statement. contribution limits prescribed in section 3517.102
of the Revised Code, to the candidate by the person
Within five business days after the secretary
making disbursements to pay the direct costs of
of state receives an addendum, amendment,
producing or airing the communication.
or other correction to a disclosure of
electioneering communications statement or (H) No person shall make, during the thirty days
an amended statement by electronic means of preceding a primary election or during the thirty days
transmission under this division or division (B) preceding a general election, any broadcast, cable,
(3)(a) of section 3517.11 of the Revised Code, or satellite communication that refers to a clearly
the secretary of state shall make the contribution identified candidate using any contributions received
and disbursement information in the addendum, from a corporation or labor organization.
amendment, or other correction to the statement
or amended statement available online to the 3517.1012 Restricted fund; deposit and
public through the internet as provided in
disbursement statements
division (I) of section 3517.106 of the Revised
Code. (A)(1) Each state and county political party shall
establish a restricted fund that is separate from
(E)(1) Any person who makes a contribution for the
all other accounts of the political party.
purpose of funding the direct costs of producing
or airing an electioneering communication (2) A state or county political party shall deposit
under this section shall provide the person’s into its restricted fund all public moneys
full name and address to the recipient of the received from the Ohio political party fund
contribution at the time the contribution is under section 3517.17 of the Revised Code
made. and all gifts that are made to or accepted
by the political party from a corporation or
(2) Any individual who makes a contribution or labor organization subject to the applicable
contributions aggregating two hundred dollars limitations prescribed in division (X) of section
or more for the purpose of funding the direct 3517.13 of the Revised Code. A state or county
costs of producing or airing an electioneering political party may deposit into its restricted
communication under this section shall provide fund any gifts that are made to or accepted by
the name of the individual’s current employer, the political party from a source other than a
if any, or, if the individual is self-employed, the corporation or labor organization.
(3) Moneys in a state or county political party’s account as described in division (D) of this
restricted fund may be disbursed to pay costs section, if the gift is specifically designated
incurred for any of the purposes specified in and used to defray any cost incurred on or
division (A) of section 3517.18 of the Revised after the effective date of this section for voter
Code. registration, voter identification, get-out-the-
vote, or generic campaign activities that would
(B) Except as otherwise provided in this division, a not otherwise be considered a contribution or
state or county political party shall file deposit and expenditure.
disbursement statements, in the same manner as the
party is required to file statements of contributions (2)(a) All gifts made by a corporation, nonprofit
and expenditures under section 3517.10 of the corporation, or labor organization under
Revised Code, regarding all deposits made into, and division (B)(1) of this section shall be limited
all disbursements made from, the party’s restricted to an aggregate amount of ten thousand
fund. Deposit and disbursement statements filed dollars in a calendar year in which a
in accordance with this division by a county candidate for federal office will appear on a
political party shall be filed by electronic means of ballot at an election to be held in this state.
transmission to the office of the secretary of state at
the times specified in division (A) of section 3517.10 (b) No corporation, nonprofit corporation, or
of the Revised Code for the filing of statements of labor organization shall make a gift under
contributions and expenditures if the county political division (B)(1) of this section in any year in
party accepts gifts from a corporation or labor which no candidate for federal office will
organization under division (A)(2) of this section. appear on the ballot at an election to be held
in this state.
3517.1013 Levin account gifts; statement of
(3) The limitation described in division (B)(2)(a)
disbursements; restrictions of this section is in addition to any limitation
described in section 3517.1012 or any other
(A) As used in this section:
section of the Revised Code.
(1) “Gift” means a gift, subscription, loan, advance,
(C)(1) Each state political party that receives a gift
or deposit of money, or anything of value given
under this section shall file, by electronic means
to a state political party that is specifically
of transmission to the office of the secretary
designated and used to defray any cost incurred
of state, a full, true, and itemized statement
on or after the effective date of this section for
describing the gift received and the manner
voter registration, voter identification, get-
in which disbursements were made from the
out-the-vote, or generic campaign activities,
account. The statement shall be filed at the same
and that is not used for the purpose of directly
time as and in conjunction with each filing of a
influencing the election of any individual
deposit and disbursement statement by the state
candidate in any particular election for any
political party in accordance with division (B) of
office.
section 3517.1012 of the Revised Code.
(2) “Address” has the same meaning as in section
(2) Each statement required under division (C)(1)
3517.10 of the Revised Code.
of this section shall contain all of the following
(3) “Political party” means a major political party information:
as defined in section 3501.01 of the Revised (a) The full name and address of the state
Code. political party filing the statement and the full
name and address of the party’s treasurer;
(B)(1) Notwithstanding section 3599.03 of the
Revised Code, any person, including a for-profit (b) A description of each gift received, which
or nonprofit corpo-ration, but not including shall include all of the following:
a public utility, may make a gift to a Levin
(i) The month, day, and year on which the gift get-out-the-vote, or generic campaign activities that
was received; would not otherwise be considered a contribution or
expenditure.
(ii) The full name and address of each donor
of the gift; (G)(1) Before receiving a gift under this section, each
state political party shall appoint a treasurer
(iii) The nature of the gift, if other than money; and file, on a form prescribed by the secretary
of state, a designation of that appointment.
(iv) The value of the gift in dollars and cents.
The designation shall include the full name
Each gift received shall be itemized
and address of the political party for which
separately, regardless of its amount or
the person has been appointed treasurer. The
value.
designation shall be filed with the secretary of
(c) An itemization of the manner in which each state.
disbursement was made, which shall include
(2) The treasurer shall keep a strict account of all
all of the following:
gifts required to be reported under this section.
(i) The name and address of the recipient of
(3) A state political party that has already filed
the disbursement;
the form required under division (G)(1) of this
(ii) The date of the disbursement; section prior to receiving a contribution or
making an expenditure is considered to have
(iii) The amount of the disbursement; met the requirements of that division.
(iv) The method by which the disbursement (H) Upon request, the secretary of state shall issue
was made, such as by cash or check. a receipt for each statement filed under this section.
The secretary of state shall maintain a record of the
(d) The total value of gifts received and gifts filing for at least six years. All statements filed under
disbursed during the reporting period. this section shall be open to public inspection in the
office in which they are filed.
(D) All monetary gifts given pursuant to this section
shall be deposited in an account separate from 3517.1014 Transition Fund
other funds and shall be maintained in that separate
account, which account shall be designated a “Levin (A) As used in this section:
account.” Moneys in a Levin account shall be used
only for voter registration, voter identification, get- (1) “Donation” means a gift, subscription, loan,
out-the-vote, or generic campaign activities that advance, or deposit of money, or anything of
would not otherwise be considered a contribution or value that is specifically designated and used to
expenditure. defray any costs incurred for transition activities
and inaugural celebrations and that is not used
(E)(1) No state political party shall fail to file a for the purpose of directly influencing the
statement required to be filed under this section. election of any candidate for any office.
(2) No state political party shall knowingly fail to (2) “Costs incurred for transition activities and
report, or shall knowingly misrepresent, a gift inaugural celebrations” means legitimate and
required to be reported on a statement required verifiable costs that are incurred for ordinary
to be filed under this section. and necessary activities associated with either of
the following:
(F) No state political party shall expend or use a gift
received under this section for a purpose other than to (a) The transfer of power or authority from one
defray a cost incurred on or after the effective date of officeholder to another following a general or
this section for voter registration, voter identification, special election or appointment to office;
(2) An officeholder may establish a transition fund: (a) The officeholder has established a transition
fund under division (B) of this section; and
(a) The day after the day of the election at which
the person seeks election to office, if, based (b) The donation is deposited to the credit of that
on the number of ballots outstanding for fund.
that election and the unofficial results of the
(3)(a) No officeholder for the joint offices of governor
election, it is mathematically possible for the
and lieutenant governor or treasurer of a
person to have been elected to that office;
transition fund for the joint offices of governor
(b) After the person has been appointed to fill a and lieutenant governor shall accept a donation
vacancy in an unexpired term of an elective or donations from any one campaign committee
office. or any one person aggregating more than ten
thousand dollars.
(b) No officeholder other than an officeholder (a) The full name and address of the treasurer
for the joint offices of governor and filing the statement and the full name and
lieutenant governor and no treasurer of a address of the officeholder who is the
transition fund for any officeholder other beneficiary of the transition fund;
than an officeholder for the joint offices
of governor and lieutenant governor shall (b) The balance in the transition fund brought
accept a donation or donations from any forward from the most recently filed
one campaign committee or any one person statement, if any;
aggregating more than two thousand five
hundred dollars. (c) A statement of donations received, which
shall include all of the following:
(D)(1)(a) The treasurer of a transition fund shall keep
a strict account of all donations to the fund and (i) The month, day, and year on which each
all disbursements from the fund. donation was received;
(b) The treasurer of a transition fund shall (ii) The full name and street address of each
deposit all monetary donations received donor;
by the transition fund into a separate bank
(iii) The nature of each donation, if other than
or financial institution account established
money;
solely for the transition fund.
(iv) The value of each donation in dollars and
(2) The treasurer of a transition fund shall file, by
cents; and
electronic means of transmission to the office of
the secretary of state, a full, true, and itemized (v) If applicable, the name of the donor’s
statement describing each donation received current employer, or, if the donor is self-
and each disbursement made from the fund not employed, the donor’s occupation and the
later than four p.m. of the following dates: name of the donor’s business.
(a) The fifteenth day of January of the calendar (d) A statement of disbursements, which shall
year following the general election at which include all of the following:
the officeholder was elected, or, if the
officeholder was elected at a special election (i) The name and address of the recipient of
or appointed to office, the sixty-fifth day each disbursement;
after the transition fund is created, to reflect
donations received and disbursements made (ii) The date of each disbursement;
from the creation of the transition fund to the
close of business on the fifth day before the (iii) The amount of each disbursement;
statement is required to be filed;
(iv) The purpose for which each disbursement
(b) The fifteenth day of each subsequent month was made; and
of the fund’s existence, to reflect donations
received and disbursements made from the (v) The date the transition fund incurred
close of business on the last day reflected the cost for which the disbursement was
in the last previously filed statement to the made.
close of business on the fifth day before the
(e) The balance remaining in the fund.
statement is required to be filed.
(E)(1) No treasurer of a transition fund shall knowingly
(3) Each statement required under division (D)
fail to file a statement required to be filed under
(2) of this section shall contain the following
this section.
information:
(2) No treasurer of a transition fund shall knowingly (a) Giving the amount, pro rata, to all persons
fail to report, or shall knowingly misrepresent, a who made donations to that transition fund
donation required to be reported on a statement as a refund of all or part of their donations;
required to be filed under this section.
(b) Giving the amount to a corporation that
(3) No treasurer of a transition fund shall knowingly is exempt from federal income taxation
fail to report, or shall knowingly misrepresent, under subsection 501(a) and described in
a disbursement required to be reported on a subsection 501(c) of the Internal Revenue
statement required to be filed under this section. Code.
(F) Upon request, the secretary of state shall issue a (2) If, upon the completion of the canvass of
receipt for each statement filed under this section. election returns for the election at which the
The secretary of state shall maintain a record of the beneficiary of a transition fund seeks election to
filing for at least ten years. All statements filed under office, it is determined that the beneficiary has
this section shall be open to public inspection in the not been elected to that office, within thirty days
office in which they are filed. after the completion of the canvass the treasurer
of the beneficiary’s transition fund shall dispose
(G)(1) Except as otherwise provided in division (H) of all assets remaining in the transition fund in
(1) or (2) of this section, no treasurer of a the manner provided in division (H)(1) of this
transition fund shall make a disbursement from section.
the fund for a purpose other than to pay costs
incurred for transition activities and inaugural (3) In disposing of assets under division (H)(1) or (2)
celebrations. of this section, the treasurer of a transition fund
shall not refund to any campaign committee
(2) No treasurer of a transition fund shall make any donation received from that campaign
a disbursement from the fund to make a committee.
contribution to a campaign committee, political
action committee, legislative campaign fund, (I)(1) Not later than one hundred twenty days after
political party, or political contributing entity. a transition fund has been established, the
treasurer of the transition fund shall file a final
(3) No treasurer of a transition fund shall make statement of donations and disbursements under
a disbursement from the fund to reimburse division (D) of this section that shall include the
any personal expenses of the beneficiary of disbursements made under division (H)(1) of this
the transition fund, except to reimburse the section, as applicable. The final statement shall
beneficiary of the transition fund for costs be filed with a termination statement that meets
incurred for transition activities and inaugural the requirements of division (I)(3) of this section.
celebrations.
(2) Not later than thirty-five days after a
(4) No treasurer of a transition fund shall make a determination that the beneficiary of a transition
disbursement from the fund for the purpose of fund has not been elected to office under
influencing the results of any election. division (H)(2) of this section, the treasurer of
the transition fund shall file a final statement
(H)(1) Except as otherwise provided in division (H) of donations and disbursements under division
(2) of this section, after the payment of all costs (D) of this section that shall include the
incurred for transition activities and inaugural disbursements made under division (H)(2) of this
celebrations, the treasurer of the transition fund section, as applicable. The final statement shall
shall dispose of any money or assets remaining be filed with a termination statement that meets
in the transition fund prior to terminating the the requirements of division (I)(3) of this section.
fund by doing either of the following:
(3) The secretary of state shall specify, by rule,
the form of the termination statement required
to be filed under division (I)(1) or (2) of this other political action committees or political
section. The rule shall require that a copy of contributing entities, political parties, and
all available statements from the bank or other campaign committees, except as set forth
financial institution that held transition fund in division (A)(3) of this section, legislative
moneys be filed with the termination statement. campaign funds, and state and national political
The bank or financial institution statements parties shall file the statements prescribed by
shall contain a zero balance confirming that section 3517.10 of the Revised Code with the
all transition fund moneys were disposed of secretary of state.
prior to the termination of the transition fund.
If final bank or financial institution statements (2)(a) Except as otherwise provided in division
are not available at the time of the filing of the (F) of section 3517.106 of the Revised Code,
termination statement, the rule shall require the campaign committees of candidates for all other
treasurer of the transition fund to do both of the offices shall file the statements prescribed by
following: section 3517.10 of the Revised Code with the
board of elections where their candidates are
(a) State in the termination statement that all required to file their petitions or other papers for
transition fund moneys were disposed of nomination or election.
prior to the termination of the transition fund;
(b) A campaign committee of a candidate for
(b) File with the secretary of state copies of the office of member of the general assembly
final bank or financial institution statements or a campaign committee of a candidate for
within five days after the treasurer receives the office of judge of a court of appeals shall
those statements from the bank or financial file two copies of the printed version of any
institution. statement, addendum, or amended statement
if the committee does not file pursuant to
(4) Upon the filing of a termination statement, the division (F)(1) or (L) of section 3517.106 of
transition fund shall cease to exist. the Revised Code but files by printed version
only with the appropriate board of elections.
3517.11 Procedures relating to reports of The board of elections shall send one of those
contributions and expenditures copies by certified mail to the secretary of
state before the close of business on the day
(A)(1) Campaign committees of candidates for the board of elections receives the statement,
statewide office or the state board of education, addendum, or amended statement.
political action committees or political
contributing entities that make contributions (3) Political action committees or political
to campaign committees of candidates that are contributing entities that only contribute to a
required to file the statements prescribed by county political party, contribute to campaign
section 3517.10 of the Revised Code with the committees of candidates whose nomination
secretary of state, political action committees or election is to be submitted only to electors
or political contributing entities that make within a county, subdivision, or district,
contributions to campaign committees of excluding candidates for member of the
candidates for member of the general assembly, general assembly, and receive contributions
political action committees or political or make expenditures in connection with
contributing entities that make contributions ballot questions or issues to be submitted
to state and national political parties and to only to electors within a county, subdivision,
legislative campaign funds, political action or district shall file the statements prescribed
committees or political contributing entities by section 3517.10 of the Revised Code with
that receive contributions or make expenditures the board of elections in that county or in the
in connection with a statewide ballot issue, county contained in whole or part within the
political action committees or political subdivision or district having a population
contributing entities that make contributions to greater than that of any other county contained
in whole or part within that subdivision or the person who filed it shall be notified by
district, as the case may be. certified mail as to the incomplete or inaccurate
nature of the statement. The secretary of state
(4) Except as otherwise provided in division (E)(3) may examine statements filed for candidates
of section 3517.106 of the Revised Code with for the office of member of the general
respect to state candidate funds, county political assembly and candidates for the office of judge
parties shall file the statements prescribed by of a court of appeals for completeness and
section 3517.10 of the Revised Code with the accuracy. The secretary of state shall examine
board of elections of their respective counties. for completeness and accuracy statements
that campaign committees of candidates for
(B)(1) The official with whom petitions and other the office of member of the general assembly
papers for nomination or election to public and campaign committees of candidates
office are filed shall furnish each candidate for the office of judge of a court of appeals
at the time of that filing a copy of sections file pursuant to division (F) or (L) of section
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.106 of the Revised Code. If an officer
3517.993, 3599.03, and 3599.031 of the at the board of elections where a statement
Revised Code and any other materials that the filed for a candidate for the office of member
secretary of state may require. Each candidate of the general assembly or for a candidate for
receiving the materials shall acknowledge their the office of judge of a court of appeals was
receipt in writing. submitted finds the statement to be incomplete
or inaccurate, the officer shall immediately
(2) On or before the tenth day before the dates on
notify the secretary of state of its incomplete
which statements are required to be filed by
or inaccurate nature. If either an officer at the
section 3517.10 of the Revised Code, every
board of elections or the secretary of state finds
candidate subject to the provisions of this
a statement filed for a candidate for the office
section and sections 3517.10 and 3517.106
of member of the general assembly or for a
of the Revised Code shall be notified of the
candidate for the office of judge of a court of
requirements and applicable penalties of those
appeals to be incomplete or inaccurate, only
sections. The secretary of state, by certified
the secretary of state shall send the notification
mail, return receipt requested, shall notify all
as to the incomplete or inaccurate nature of the
candidates required to file those statements
statement.
with the secretary of state’s office. The board
of elections of every county shall notify by first Within twenty-one days after receipt of the
class mail any candidate who has personally notice, in the case of a pre-election statement,
appeared at the office of the board on or before a postelection statement, a monthly statement,
the tenth day before the statements are required an annual statement, or a semiannual statement
to be filed and signed a form, to be provided prescribed by section 3517.10, an annual
by the secretary of state, attesting that the statement prescribed by section 3517.101, or a
candidate has been notified of the candidate’s statement prescribed by division (B)(2)(b) or (C)
obligations under the campaign finance law. The (2)(b) of section 3517.105 or section 3517.107
board shall forward the completed form to the of the Revised Code, the recipient shall file an
secretary of state. The board shall use certified addendum, amendment, or other correction
mail, return receipt requested, to notify all other to the statement providing the information
candidates required to file those statements with necessary to complete or correct the statement.
it. The secretary of state may require that, in
lieu of filing an addendum, amendment, or
(3)(a) Any statement required to be filed under
other correction to a statement that is filed by
sections 3517.081 to 3517.17 of the Revised
electronic means of transmission to the office
Code that is found to be incomplete or
of the secretary of state pursuant to section
inaccurate by the officer to whom it is submitted
3517.106 of the Revised Code, the recipient
shall be accepted on a conditional basis, and
of the notice described in this division file by (b) Within five business days after the secretary of
electronic means of transmission an amended state receives, by electronic or other means of
statement that incorporates the information transmission, an addendum, amendment, or
necessary to complete or correct the statement. other correction to a statement or an amended
statement under division (B)(3)(a) of this section,
The secretary of state shall determine by rule the secretary of state, pursuant to divisions (E),
when an addendum, amendment, or other (F), (G), and (I) of section 3517.106 or division
correction to any of the following or when an (D) of section 3517.1011 of the Revised Code,
amended statement of any of the following shall shall make the contribution and expenditure,
be filed: contribution and disbursement, deposit and
disbursement, gift and disbursement, or
(i) A two-business-day statement prescribed by donation and disbursement information in
section 3517.10 of the Revised Code; that addendum, amendment, correction, or
amended statement available online to the
(ii) A disclosure of electioneering
public through the internet.
communications statement prescribed by
division (D) of section 3517.1011 of the (4)(a) The secretary of state or the board of elections
Revised Code; shall examine all statements for compliance
with sections 3517.08 to 3517.17 of the Revised
(iii) A deposit and disbursement statement
Code.
prescribed under division (B) of section
3517.1012 of the Revised Code; (b) The secretary of state may contract with
an individual or entity not associated with
(iv) A gift and disbursement statement prescribed
the secretary of state and experienced in
under section 3517.1013 of the Revised
interpreting the campaign finance law of this
Code;
state to conduct examinations of statements
(v) A donation and disbursement statement filed by any statewide candidate, as defined in
prescribed under section 3517.1014 of the section 3517.103 of the Revised Code.
Revised Code.
(c) The examination shall be conducted by a person
An addendum, amendment, or other correction or entity qualified to conduct it. The results of
to a statement that is filed by electronic means the examination shall be available to the public,
of transmission pursuant to section 3517.106 and, when the examination is conducted by
of the Revised Code shall be filed in the same an individual or entity not associated with the
manner as the statement. secretary of state, the results of the examination
shall be reported to the secretary of state.
The provisions of sections 3517.10, 3517.106,
3517.1011, 3517.1012, 3517.1013, and (C)(1) In the event of a failure to file or a late filing
3517.1014 of the Revised Code pertaining of a statement required to be filed under
to the filing of statements of contributions sections 3517.081 to 3517.17 of the Revised
and expenditures, statements of independent Code, or if a filed statement or any addendum,
expenditures, disclosure of electioneering amendment, or other correction to a statement
communications statements, deposit and or any amended statement, if an addendum,
disbursement statements, gift and disbursement amendment, or other correction or an amended
statements, and donation and disbursement statement is required to be filed, is incomplete
statements by electronic means of transmission or inaccurate or appears to disclose a failure to
apply to the filing of addenda, amendments, comply with or a violation of law, the official
or other corrections to those statements by whose duty it is to examine the statement
electronic means of transmission and the filing shall promptly file a complaint with the Ohio
of amended statements by electronic means of elections commission under section 3517.153
transmission. of the Revised Code if the law is one over
which the commission has jurisdiction to section, or item of any law shall appoint a treasurer
hear complaints, or the official shall promptly and shall file with the secretary of state, on a form
report the failure or violation to the board of prescribed by the secretary of state, a designation of
elections and the board shall promptly report it that appointment, including the full name and address
to the prosecuting attorney in accordance with of the treasurer and of the circulator or committee.
division (J) of section 3501.11 of the Revised
Code. If the official files a complaint with the (B) The circulator or the committee in charge of an
commission, the commission shall proceed initiative or referendum petition, or supplementary
in accordance with sections 3517.154 to petition for additional signatures, for the submission
3517.157 of the Revised Code. of a constitutional amendment, proposed law,
section, or item of any law shall, within thirty
(2) For purposes of division (C)(1) of this section, days after those petition papers are filed, file with
a statement or an addendum, amendment, or the secretary of state, on a form prescribed by the
other correction to a statement or an amended secretary of state, an itemized statement, made under
statement required to be filed under sections penalty of election falsification, showing in detail the
3517.081 to 3517.17 of the Revised Code is following:
incomplete or inaccurate under this section
if the statement, addendum, amendment, (1) All money or things of value paid, given,
other correction, or amended statement fails promised, or received for circulating the
to disclose substantially all contributions petitions;
or, gifts, or donations that are received or
deposits that are made that are required to be (2) All appointments, promotions, or increases in
reported under sections 3517.10, 3517.107, salary, in positions which were given, promised,
3517.108, 3517.1011, 3517.1012, 3517.1013, or received, or to obtain which assistance was
and 3517.1014 of the Revised Code or if the given, promised, or received as a consideration
statement, addendum, amendment, other for work done in circulating petitions;
correction, or amended statement fails to
(3) Full names and addresses, including street, city,
disclose at least ninety per cent of the total
and state, of all persons to whom such payments
contributions, gifts, or donations received or
or promises were made and of all persons
deposits made or of the total expenditures
from whom such payments or promises were
or disbursements made during the reporting
received;
period.
(4) Full names and addresses, including street,
(D) No certificate of nomination or election shall be
city, and state, of all persons who contributed
issued to a person, and no person elected to an office
anything of value to be used in circulating
shall enter upon the performance of the duties of that
the petitions, and the amounts of those
office, until that person or that person’s campaign
contributions;
committee, as appropriate, has fully complied
with this section and sections 3517.08, 3517.081, (5) Time spent and salaries earned while soliciting
3517.10, and 3517.13 of the Revised Code. signatures to petitions by persons who were
regular salaried em-ployees of some person or
3517.12 Appointment of treasurer; report of whom that employer authorized to solicit as part
receipts and expenditures on initiative and of their regular duties.
referendum petitions
If no money or things of value were paid
(A) Prior to receiving a contribution or making an or received or if no promises were made or
expenditure, the circulator or committee in charge of received as a consideration for work done
an initiative or referendum petition, or supplementary in circulating a petition, the statement shall
petition for additional signatures, for the submission contain words to that effect.
of a constitutional amendment, proposed law,
(C) The treasurer designated under division (A) of (F) No person shall make cash contributions to any
this section shall file statements of contributions and person totaling more than one hundred dollars in
expenditures in accordance with section 3517.10 of each primary, special, or general election.
the Revised Code regarding all contributions made or
received and all expenditures made by that treasurer (G)(1) No person shall knowingly conceal or
or the circulator or committee in connection with the misrepresent contributions given or received,
initiative or referendum petition, or supplementary expenditures made, or any other information
petition for additional signatures, for the submission required to be reported by a provision in
of a constitutional amendment, proposed law, sections 3517.08 to 3517.13 and 3517.17 of the
section, or item of any law. Revised Code.
(B) No campaign committee shall fail to file a (ii) A person makes a contribution in that
complete and accurate statement required under person’s spouse’s name or in both of their
division (A)(1) of section 3517.10 of the Revised names.
Code.
(H) No person within this state, publishing a
(C) No campaign committee shall fail to file a newspaper or other periodical, shall charge a
complete and accurate statement required under campaign committee for political advertising a rate
division (A)(2) of section 3517.10 of the Revised in excess of the rate such person would charge if the
Code. campaign committee were a general rate advertiser
whose advertising was directed to promoting its
(D) No campaign committee shall fail to file a business within the same area as that encompassed
complete and accurate statement required under by the particular office that the candidate of the
division (A)(3) or (4) of section 3517.10 of the Revised campaign committee is seeking. The rate shall take
Code. into account the amount of space used, as well as the
type of advertising copy submitted by or on behalf
(E) No person other than a campaign committee shall of the campaign committee. All discount privileges
knowingly fail to file a statement required under otherwise offered by a newspaper or periodical to
section 3517.10 or 3517.107 of the Revised Code. general rate advertisers shall be available upon equal
terms to all campaign committees.
No person within this state, operating a radio or of that period, one or more contributions totaling
television station or network of stations in this state, in excess of one thousand dollars to the holder of
shall charge a campaign committee for political a public office having ultimate responsibility for
broadcasts a rate that exceeds: the award of the contract or to the public officer’s
campaign committee.
(1) During the forty-five days preceding the date
of a primary election and during the sixty days (K) For purposes of divisions (I) and (J) of this section,
preceding the date of a general or special if a public officer who is responsible for the award
election in which the candidate of the campaign of a contract is appointed by the governor, whether
committee is seeking office, the lowest unit or not the appointment is subject to the advice and
charge of the station for the same class and consent of the senate, excluding members of boards,
amount of time for the same period; commissions, committees, authorities, councils,
boards of trustees, task forces, and other such entities
(2) At any other time, the charges made for appointed by the governor, the office of the governor
comparable use of that station by its other users. is considered to have ultimate responsibility for the
award of the contract.
(I) Subject to divisions (K), (L), (M), and (N) of this
section, no agency or department of this state or any (L) For purposes of divisions (I) and (J) of this section,
political subdivision shall award any contract, other if a public officer who is responsible for the award
than one let by competitive bidding or a contract of a contract is appointed by the elected chief
incidental to such contract or which is by force executive officer of a municipal corporation, or
account, for the purchase of goods costing more than appointed by the elected chief executive officer of a
five hundred dollars or services costing more than county operating under an alternative form of county
five hundred dollars to any individual, partnership, government or county charter, excluding members
association, including, without limitation, a of boards, commissions, committees, authorities,
professional association organized under Chapter councils, boards of trustees, task forces, and other
1785. of the Revised Code, estate, or trust if the such entities appointed by the chief executive officer,
individual has made or the individual’s spouse has the office of the chief executive officer is considered
made, or any partner, shareholder, administrator, to have ultimate responsibility for the award of the
executor, or trustee or the spouse of any of them contract.
has made, as an individual, within the two previous
calendar years, one or more contributions totaling (M) (1) Divisions (I) and (J) of this section do not
in excess of one thousand dollars to the holder of apply to contracts awarded by the board
the public office having ultimate responsibility for of commissioners of the sinking fund,
the award of the contract or to the public officer’s municipal legislative authorities, boards of
campaign committee. education, boards of county commissioners,
boards of township trustees, or other boards,
(J) Subject to divisions (K), (L), (M), and (N) of this commissions, committees, authorities, councils,
section, no agency or department of this state or any boards of trustees, task forces, and other such
political subdivision shall award any contract, other entities created by law, by the supreme court or
than one let by competitive bidding or a contract courts of appeals, by county courts consisting of
incidental to such contract or which is by force more than one judge, courts of common pleas
account, for the purchase of goods costing more than consisting of more than one judge, or municipal
five hundred dollars or services costing more than courts consisting of more than one judge, or by
five hundred dollars to a corporation or business trust, a division of any court if the division consists of
except a professional association organized under more than one judge. This division shall apply
Chapter 1785. of the Revised Code, if an owner to the specified entity only if the members of the
of more than twenty per cent of the corporation or entity act collectively in the award of a contract
business trust or the spouse of that person has made, for goods or services.
as an individual, within the two previous calendar
years, taking into consideration only owners for all
(2) Divisions (I) and (J) of this section do not apply (1) Legitimate and verifiable prior campaign
to actions of the controlling board. expenses incurred by the beneficiary;
(N) (1) Divisions (I) and (J) of this section apply to (2) Legitimate and verifiable ordinary and necessary
contributions made to the holder of a public prior expenses incurred by the beneficiary in
office having ultimate responsibility for the connection with duties as the holder of a public
award of a contract, or to the public officer’s office, including, without limitation, expenses
campaign committee, during the time the incurred through participation in nonpartisan
person holds the office and during any time or bipartisan events if the participation of the
such person was a candidate for the office. holder of a public office would normally be
Those divisions do not apply to contributions expected;
made to, or to the campaign committee of, a
candidate for or holder of the office other than (3) Legitimate and verifiable ordinary and
the holder of the office at the time of the award necessary prior expenses incurred by the
of the contract. beneficiary while doing any of the following:
(2) Divisions (I) and (J) of this section do not apply (a) Engaging in activities in support of or
to contributions of a partner, shareholder, opposition to a candidate other than the
administrator, executor, trustee, or owner of beneficiary, political party, or ballot issue;
more than twenty per cent of a corporation or
business trust made before the person held any (b) Raising funds for a political party, political
of those positions or after the person ceased to action committee, political contributing
hold any of those positions in the partnership, entity, legislative campaign fund, campaign
association, estate, trust, corporation, or committee, or other candidate;
business trust whose eligibility to be awarded
(c) Participating in the activities of a political
a contract is being determined, nor to
party, political action committee, political
contributions of the person’s spouse made
contributing entity, legislative campaign fund,
before the person held any of those positions,
or campaign committee;
after the person ceased to hold any of those
positions, before the two were married, after (d) Attending a political party convention or
the granting of a decree of divorce, dissolution other political meeting.
of marriage, or annulment, or after the granting
of an order in an action brought solely for For purposes of this division, an expense is
legal separation. Those divisions do not apply incurred whenever a beneficiary has either
to contributions of the spouse of an individual made payment or is obligated to make
whose eligibility to be awarded a contract is payment, as by the use of a credit card or
being determined made before the two were other credit procedure or by the use of goods
married, after the granting of a decree of or services received on account.
divorce, dissolution of marriage, or annulment,
or after the granting of an order in an action (P) No beneficiary of a campaign fund shall
brought solely for legal separation. knowingly accept, and no person shall knowingly
give to the beneficiary of a campaign fund,
(O) No beneficiary of a campaign fund or other reimbursement for an expense under division (O) of
person shall convert for personal use, and no person this section to the extent that the expense previously
shall knowingly give to a beneficiary of a campaign was reimbursed or paid from another source of
fund or any other person, for the beneficiary’s or any funds. If an expense is reimbursed under division
other person’s personal use, anything of value from (O) of this section and is later paid or reimbursed,
the beneficiary’s campaign fund, including, without wholly or in part, from another source of funds, the
limitation, payments to a beneficiary for services beneficiary shall repay the reimbursement received
the beneficiary personally performs, except as under division (O) of this section to the extent of the
reimbursement for any of the following:
payment made or reimbursement received from the Reimbursable expenses under this division do
other source. not include, and it is a violation of this division
for a candidate or public official or employee to
(Q) No candidate or public official or employee accept, or for any person to knowingly give to
shall accept for personal or business use anything a candidate or public official or employee from
of value from a political party, political action a political party, political action committee,
committee, political contributing entity, legislative political contributing entity, legislative campaign
campaign fund, or campaign committee other than fund, or campaign committee other than the
the candidate’s or public official’s or employee’s candidate’s or public official’s or employee’s
own campaign committee, and no person shall own campaign committee, anything of value for
knowingly give to a candidate or public official or activities primarily related to the candidate’s or
employee anything of value from a political party, public official’s or employee’s own campaign
political action committee, political contributing for election, except for contributions to the
entity, legislative campaign fund, or such a campaign candidate’s or public official’s or employee’s
committee, except for the following: campaign committee.
(1) Reimbursement for legitimate and verifiable For purposes of this division, an expense is
ordinary and necessary prior expenses not incurred whenever a candidate or public official
otherwise prohibited by law incurred by the or employee has either made payment or is
candidate or public official or employee obligated to make payment, as by the use of a
while engaged in any legitimate activity of credit card or other credit procedure, or by the
the political party, political action committee, use of goods or services on account.
political contributing entity, legislative campaign
fund, or such campaign committee. Without (R) (1) Division (O) or (P) of this section does
limitation, reimbursable expenses under this not prohibit a campaign committee from
division include those incurred while doing any making direct advance or post payment from
of the following: contributions to vendors for goods and services
for which reimbursement is permitted under
(a) Engaging in activities in support of or division (O) of this section, except that no
opposition to another candidate, political campaign committee shall pay its candidate
party, or ballot issue; or other beneficiary for services personally
performed by the candidate or other beneficiary.
(b) Raising funds for a political party, legislative
campaign fund, campaign committee, or (2) If any expense that may be reimbursed under
another candidate; division (O), (P), or (Q) of this section is part
of other expenses that may not be paid or
(c) Attending a political party convention or reimbursed, the separation of the two types
other political meeting. of expenses for the purpose of allocating for
payment or reimbursement those expenses
(2) Compensation not otherwise prohibited by
that may be paid or reimbursed may be by any
law for actual and valuable personal services
reasonable accounting method, considering all
rendered under a written contract to the
of the surrounding circumstances.
political party, political action committee,
political contributing entity, legislative campaign (3) For purposes of divisions (O), (P), and (Q) of this
fund, or such campaign committee for any section, mileage allowance at a rate not greater
legitimate activity of the political party, political than that allowed by the internal revenue
action committee, political contributing entity, service at the time the travel occurs may be
legislative campaign fund, or such campaign paid instead of reimbursement for actual travel
committee. expenses allowable.
(S) (1) As used in division (S) of this section: section shall knowingly accept a contribution in
violation of division (T)(1) of this section.
(a) “State elective office” has the same meaning
as in section 3517.092 of the Revised Code. (U) No person shall fail to file a statement required
under section 3517.12 of the Revised Code.
(b) “Federal office” means a federal office as
defined in the Federal Election Campaign (V) No campaign committee shall fail to file a
Act. statement required under division (K)(3) of section
3517.10 of the Revised Code.
(c) “Federal campaign committee” means a
principal campaign committee or authorized (W) (1) No foreign national shall, directly or indirectly
committee as defined in the Federal Election through any other person or entity, make a
Campaign Act. contribution, expenditure, or independent
expenditure or promise, either expressly or
(2) No person who is a candidate for state elective implicitly, to make a contribution, expenditure,
office and who previously sought nomination or independent expenditure in support of or
or election to a federal office shall transfer opposition to a candidate for any elective office
any funds or assets from that person’s federal in this state, including an office of a political
campaign committee for nomination or election party.
to the federal office to that person’s campaign
committee as a candidate for state elective (2) No candidate, campaign committee, political
office. action committee, political contributing entity,
legislative campaign fund, state candidate fund,
(3) No campaign committee of a person who is political party, or separate segregated fund shall
a candidate for state elective office and who solicit or accept a contribution, expenditure,
previously sought nomination or election to a or independent expenditure from a foreign
federal office shall accept any funds or assets national. The secretary of state may direct any
from that person’s federal campaign committee candidate, committee, entity, fund, or party
for that person’s nomination or election to the that accepts a contribution, expenditure, or
federal office. independent expenditure in violation of this
division to return the contribution, expenditure,
(T) (1) Except as otherwise provided in division (B)(6) or independent expenditure or, if it is not
(c) of section 3517.102 of the Revised Code, a possible to return the contribution, expenditure,
state or county political party shall not disburse or independent expenditure, then to return
moneys from any account other than a state instead the value of it, to the contributor.
candidate fund to make contributions to any of
the following: (3) As used in division (W) of this section, “foreign
national” has the same meaning as in section
(a) A state candidate fund; 441e(b) of the Federal Election Campaign Act.
(b) A legislative campaign fund; (X) (1) No state or county political party shall
transfer any moneys from its restricted fund to
(c) A campaign committee of a candidate for
any account of the political party into which
the office of governor, lieutenant governor,
contributions may be made or from which
secretary of state, auditor of state, treasurer of
contributions or expenditures may be made.
state, attorney general, member of the state
board of education, or member of the general (2) (a) No state or county political party shall
assembly. deposit a contribution or contributions that it
receives into its restricted fund.
(2) No state candidate fund, legislative campaign
fund, or campaign committee of a candidate for
any office described in division (T)(1)(c) of this
(b) No state or county political party shall make costing more than five hundred dollars or services
a contribution or an expenditure from its costing more than five hundred dollars to a
restricted fund. corporation or business trust, except a professional
association organized under Chapter 1785. of the
(3) (a) No corporation or labor organization shall Revised Code, if an owner of more than twenty per
make a gift or gifts from the corporation’s cent of the corporation or business trust, or the spouse
or labor organization’s money or property of the owner, has made, as an individual, within the
aggregating more than ten thousand dollars to two previous calendar years, taking into consideration
any one state or county political party for the only owners for all of such period, one or more
party’s restricted fund in a calendar year. contributions totaling in excess of one thousand
dollars to the campaign committee of the governor or
(b) No state or county political party shall lieutenant governor or to the campaign committee of
accept a gift or gifts for the party’s restricted any candidate for the office of governor or lieutenant
fund aggregating more than ten thousand governor.
dollars from any one corporation or labor
organization in a calendar year. 3517.151 Effect of new elections
(4) No state or county political party shall transfer commission on complaints
any moneys in the party’s restricted fund to any
(A) On and after January 1, 1996, complaints with
other state or county political party.
respect to acts or failures to act under the sections
(5) No state or county political party shall listed in division (A) of section 3517.153 of the
knowingly fail to file a statement required under Revised Code shall be filed with the Ohio elections
section 3517.1012 of the Revised Code. commission created under section 3517.152 of the
Revised Code.
(Y) The administrator of workers’ compensation
and the employees of the bureau of workers’ (B)(1) If a complaint filed with the Ohio elections
compensation shall not conduct any business with commission created under section 3517.152 of
or award any contract, other than one awarded the Revised Code alleges an act or failure to act
by competitive bidding, for the purchase of goods that occurred before August 24, 1995, and the
costing more than five hundred dollars or services commission imposes a fine, sections 3517.99
costing more than five hundred dollars to any and 3517.991 of the Revised Code, and not
individual, partnership, association, including, sections 3517.992 and 3517.993 of the Revised
without limitation, a professional association Code, shall apply.
organized under Chapter 1785. of the Revised
(2) If a complaint filed with the Ohio elections
Code, estate, or trust, if the individual has made, or
commission created under section 3517.152
the individual’s spouse has made, or any partner,
of the Revised Code alleges an act or failure
shareholder, administrator, executor, or trustee, or the
to act that is a violation of section 3517.13 of
spouses of any of those individuals has made, as an
the Revised Code, former divisions (A) to (R)
individual, within the two previous calendar years,
of that section apply to the act or failure to act
one or more contributions totaling in excess of one
if it occurred before August 24, 1995, former
thousand dollars to the campaign committee of the
divisions (A) to (U) of that section apply to
governor or lieutenant governor or to the campaign
the act or failure to act if it occurs on or after
committee of any candidate for the office of governor
August 24, 1995, but before July 13, 1998,
or lieutenant governor.
former divisions (A) to (V) of that section apply
(Z) The administrator of workers’ compensation to the act or failure to act if it occurs on or after
and the employees of the bureau of workers’ July 13, 1998, but before December 22, 1999,
compensation shall not conduct business with or former divisions (A) to (W) of that section apply
award any contract, other than one awarded by to the act or failure to act if it occurs on or after
competitive bidding, for the purchase of goods December 22, 1999, but before March 31,
2005, former divisions (A) to (X) of that section required to appoint a member, shall appoint
apply to the act or failure to act if it occurs on the seventh member, who shall not be affiliated
or after March 31, 2005, and divisions (A) to (Z) with a political party. The seventh member shall
of that section apply to the act or failure to act be appointed to a term that ends on December
if it occurs on or after the effective date of this 31, 2001. Terms of the initial members
amendment. appointed under this division begin on January
1, 1996.
(C) The Ohio elections commission created under
section 3517.14 of the Revised Code is abolished at (2) If a vacancy occurs in the position of the
the close of business on December 31, 1995. seventh member, who is not affiliated with a
political party, the six remaining members by
3517.152 Creation and membership of a majority vote shall appoint, not later than
elections commission; elections commission forty-five days after the date of the vacancy,
the seventh member of the commission, who
fund
shall not be affiliated with a political party.
(A)(1) There is hereby created the Ohio elections If these members fail to appoint the seventh
commission consisting of seven members. member within this forty-five-day period, the
chief justice of the supreme court, within fifteen
Not later than forty-five days after August days after the end of this period, shall appoint
24, 1995, the speaker of the house of the seventh member, who shall not be affiliated
representatives and the leader in the senate with a political party. If a vacancy occurs in any
of the political party of which the speaker is a of the other six positions on the commission,
member shall jointly submit to the governor a the legislative leaders of the political party
list of five persons who are affiliated with that from whose list of persons the member being
political party. Not later than forty-five days after replaced was appointed shall submit to the
August 24, 1995, the two legislative leaders in governor, not later than thirty days after the date
the two houses of the general assembly of the of the vacancy, a list of three persons who are
major political party of which the speaker is not affiliated with that political party. Not later than
a member shall jointly submit to the governor fifteen days after receiving the list, the governor,
a list of five persons who are affiliated with the with the advice and consent of the senate,
major political party of which the speaker is shall appoint one person from the list to the
not a member. Not later than fifteen days after commission.
receiving each list, the governor shall appoint
three persons from each list to the commission. (3) At no time shall more than six members of the
The governor shall appoint one person from commission be affiliated with a political party,
each list to a term that ends on December 31, and, of these six members, not more than three
1996, one person from each list to a term that shall be affiliated with the same political party.
ends on December 31, 1997, and one person
(4) In making appointments to the commission,
from each list to a term that ends on December
the governor shall take into consideration
31, 1998.
the various geographic areas of this state and
Not later than thirty days after the governor shall appoint members so that those areas are
appoints these six members, they shall, by a represented on the commission in a balanced
majority vote, appoint to the commission a manner, to the extent feasible.
seventh member, who shall not be affiliated
(5) Members of the commission shall be registered
with a political party. If the six members fail to
electors and shall be of good moral character.
appoint the seventh member within this thirty-
day period, the chief justice of the supreme (B) Each member of the Ohio elections commission
court, not later than thirty days after the end of shall hold office from the date of the member’s
the period during which the six members were appointment until the end of the term for which the
the technical, professional, and clerical (I) There is hereby created in the state treasury the
employees that are necessary for it to carry out Ohio elections commission fund. All moneys credited
its duties. to the fund shall be used solely for the purpose of
paying expenses related to the operation of the Ohio
(2)(a) Notwithstanding section 109.02 of the elections commission.
Revised Code, the commission shall employ a
full-time attorney, and, as needed, one or more 3517.153 Filing and form of complaints;
investigatory attorneys to conduct investigations recommended legislation; advisory
for the commission or a panel of the
commission. The commission may employ or opinions; web site
contract for the services of additional attorneys,
(A) Upon the filing of a complaint with the Ohio
as needed. The full-time attorney shall do all of
elections commission, which shall be made by
the following:
affidavit of any person, on personal knowledge,
(i) Serve as the commission’s attorney in regard and subject to the penalties for perjury, or upon the
to all legal matters, including representing filing of a complaint made by the secretary of state
the commission at appeals from a final or an official at the board of elections, setting forth a
determination of the commission, except failure to comply with or a violation of any provision
that the full-time attorney shall not perform in sections 3517.08 to 3517.13, 3517.17, 3517.18,
the duties that an investigatory attorney is 3517.20 to 3517.22, 3599.03, or 3599.031 of the
required or requested to perform or that Revised Code, the commission shall proceed in
another attorney the commission employs accordance with sections 3517.154 to 3517.157 of
or con-tracts with for services is required or the Revised Code.
requested to perform, and shall not represent
(B) The commission shall prescribe the form for
the commission in any legal pro-ceeding in
complaints made under division (A) of this section.
which the commission is a named party;
The secretary of state and boards of elections shall
(ii) At the request of the commission or a panel furnish the information that the commission requests.
of the commission, be present at a hearing The commission or a member of the commission
held under sections 3517.154 to 3517.156 of may administer oaths, and the commission may issue
the Revised Code to rule on the admissibility subpoenas to any person in the state compelling
of evidence and to advise on the conduct of the attendance of witnesses and the production of
procedure; relevant papers, books, accounts, and reports. Section
101.42 of the Revised Code governs the issuance of
(iii) Perform other duties as required by rule of subpoenas insofar as applicable. Upon the refusal of
the commission. any person to obey a subpoena or to be sworn or to
answer as a witness, the commission may apply to
(b) An attorney employed by or under contract with the court of common pleas of Franklin county under
the commission shall be licensed to practice section 2705.03 of the Revised Code. The court shall
law in this state. hold proceedings in accordance with Chapter 2705.
of the Revised Code.
(3)(a) Except as otherwise provided in division (H)
(3)(b) of this section, at least five members of the (C) No prosecution shall commence for a violation of
commission shall agree on the employment of a provision in sections 3517.08 to 3517.13, 3517.17,
a person, a majority of the members shall agree 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031
on the discharge of an employee, and a person of the Revised Code unless a complaint has been
employed by the commission shall serve at the filed with the commission under this section and
pleasure of the commission. all proceedings of the commission or a panel of the
commission, as appropriate, under sections 3517.154
(b) At least five of the seven members shall agree to 3517.157 of the Revised Code are completed.
on the discharge of an investigatory attorney.
(D) The commission may recommend legislation of section 3517.1010 of the Revised Code, the
and render advisory opinions concerning sections complaint shall receive an automatic expedited
3517.08, 3517.082, 3517.092, 3517.102, 3517.103, hearing under section 3517.156 of the Revised
3517.105, 3517.1014, 3517.13, 3517.18, 3517.20 Code.
to 3517.22, 3599.03, and 3599.031 of the Revised
Code for persons over whose acts it has or may (b) If the attorney determines that the complaint
have jurisdiction. When the commission renders sets forth a failure to comply with or a
an advisory opinion relating to a specific set of violation of division (G), (I), (J), (O), (P),
circumstances involving any of those sections or (Q) of section 3517.13, division (A) of
stating that there is no violation of a provision in section 3517.21, or division (A) of section
those sections, the person to whom the opinion is 3517.22 of the Revised Code and that the
directed or a person who is similarly situated may complaint is filed during one of the periods
reasonably rely on the opinion and is immune from of time specified in division (B)(1) of section
criminal prosecution and a civil action, including, 3517.156 of the Revised Code, the attorney
without limitation, a civil action for removal from shall recommend to the commission that
public office or employment, based on facts and the complaint receive an expedited hearing
circumstances covered by the opinion. under section 3517.156 of the Revised
Code, and the complaint shall receive such a
(E) The commission shall establish a web site on hearing.
which it shall post, at a minimum, all decisions and
advisory opinions issued by the commission and (c) If the attorney determines that the complaint
copies of each election law as it is amended by the sets forth a failure to comply with or a
general assembly. The commission shall update the violation of a section of the Revised Code
web site regularly to reflect any changes to those over which the commission has jurisdiction
decisions and advisory opinions and any new to hear complaints other than the sections
decisions and advisory opinions. described in divisions (A)(2)(a) and (b) of
this section, and unless the attorney makes
3517.154 Review of complaints a determination as provided for in division
(A)(3) of this section, the attorney shall
(A)(1) The full-time attorney for the Ohio elections recommend to the commission that the
commission shall review each complaint filed complaint be submitted to the commission
with the commission under section 3517.153 of under section 3517.155 of the Revised
the Revised Code, shall determine the nature of Code. After the attorney makes that
the complaint, and, unless division (A)(2)(a) of recommendation, the attorney shall notify
this section requires that the complaint receive all parties to the complaint of the attorney’s
an automatic expedited hearing, shall make recommendation.
a recommendation to the commission for its
disposition, in accordance with this section. The (3)(a) If a complaint sets forth a failure to comply
attorney shall make the determination and the with or a violation of a section of the Revised
recommendation, if required, not later than one Code over which the commission has
business day after the complaint is filed. jurisdiction to hear complaints other than the
sections described in divisions (A)(2)(a) and
(2)(a) If the attorney determines that the complaint (b) of this section and if the complaint is filed
sets forth a violation of division (B) of section during one of the periods of time specified
3517.21 or division (B) of section 3517.22 of in division (B)(1) of section 3517.156 of the
the Revised Code and that the complaint is Revised Code, the attorney may determine that
filed during one of the periods of time specified the complaint should receive an expedited
in division (B)(1) of section 3517.156 of the hearing under that section. The attorney shall
Revised Code, or that the complaint sets forth make that determination by considering one or
a violation of section 3517.103 of the Revised more of the following:
Code or a violation described in division (D)
(i) The number of prior failures to comply (v) If the complaint involves a statement
with or violations of Title XXXV of the required to be filed under section
Revised Code that the person or entity 3517.10, division (E) of section 3517.102,
against whom the complaint has been or section 3517.103, 3517.105,
brought has committed and any prior 3517.107, 3517.108, 3517.109,
penalties the commission has imposed on 3517.1011, 3517.1012, 3517.1013, or
the person or entity; 3517.1014 of the Revised Code that is
incomplete, the degree to which it is
(ii) If the complaint involves a statement incomplete;
required to be filed under section
3517.10, division (E) of section 3517.102, (vi) If the complaint involves the receipt
or section 3517.103, 3517.105, of contributions in violation of section
3517.107, 3517.108, 3517.109, 3599.03 of the Revised Code, the dollar
3517.1011, 3517.1012, or 3517.1014 amount and number of contributions
of the Revised Code or an addendum received in violation of that section;
required to be filed under section
3517.11 of the Revised Code that is filed (vii) If the complaint involves a failure to
late, how late the filing is and how much make the identification or a misstatement
time has elapsed between the deadline of the identification required under
for filing the statement or addendum and section 3517.105 or 3517.20 of the
the filing of the complaint; Revised Code, whether the failure or
misstatement was purposely made;
(iii) If the complaint involves contributions
and expenditures, contributions (viii) If the complaint sets forth a failure to
and disbursements, deposits and comply with or a violation of a section
disbursements, gifts and disbursements, of the Revised Code described in
or donations and disbursements required division (A)(2)(c) of this section, whether
to be reported under section 3517.10, the person or entity against whom the
division (E) of section 3517.102, or complaint has been made has committed
section 3517.105, 3517.107, 3517.108, more than one such failure or violation
3517.109, 3517.1011, 3517.1012, within a reasonable amount of time,
3517.1013, or 3517.1014 of the Revised or whether the cumulative nature of
Code that are either not reported or the failures or violations indicates a
reported late, the number of contributions systematic disregard for the law.
and expenditures, contributions
and disbursements, deposits and (b) Prior to making a determination under
disbursements, gifts and disbursements, or division (A)(3)(a) of this section that the
donations and disbursements not reported complaint should receive an expedited
or how late they were reported; hearing under section 3517.156 of the
Revised Code, the attorney shall take into
(iv) If the complaint involves contributions consideration the number of panels of the
required to be reported by a campaign commission that have cases pending before
committee under section 3517.10, them and the number of cases pending
division (E) of section 3517.102, or before the panels and shall not make a
section 3517.105, 3517.107, 3517.108, determination that will place an undue
or 3517.109 of the Revised Code that burden on a panel of the commission.
are not reported, whether any of the
contributors of the contributions not (c) If the attorney determines that the complaint
reported have a personal or professional should receive an expedited hearing under
relationship with the campaign section 3517.156 of the Revised Code,
committee’s candidate; the attorney shall recommend to the
commission that the complaint receive an hold the hearing not later than one hundred
expedited hearing, and, if a majority of the eighty business days after the complaint is filed.
members of the commission agrees with the At the hearing, the commission shall determine
recommendation, the complaint shall receive whether or not the failure to act or the violation
an expedited hearing under that section. alleged in the complaint has occurred and
shall do only one of the following, except as
(4) The attorney may join two or more complaints otherwise provided in division (B) of this section
if the attorney determines that the allegations or in division (B) of section 3517.151 of the
in each complaint are of the same or similar Revised Code:
character, are based on the same act or failure
to act, or are based on two or more acts or (a) Enter a finding that good cause has been shown
failures to act constituting parts of a common not to impose a fine or not to refer the matter to
scheme or plan. If one complaint contains two the appropriate prosecutor;
or more allegations, the attorney may separate
the allegations if they are not of the same or (b) Impose a fine under section 3517.993 of the
similar character, if they are not based on the Revised Code;
same act or failure to act, or if they are not
based on two or more acts or failures to act (c) Refer the matter to the appropriate prosecutor;
constituting parts of a common scheme or
(d) Direct the secretary of state or appropriate
plan. If the attorney separates the allegations in
board of elections with the authority to certify a
a complaint, the attorney may make separate
candidate to the ballot to remove a candidate’s
recommendations under division (A)(2) or (3) of
name from the ballot if the candidate is barred
this section for each allegation.
from the ballot under division (D) of section
(B) Whenever a person or other entity files a 3517.1010 of the Revised Code.
complaint with the commission setting forth a failure
(2) As used in division (A) of this section,
to comply with or a violation of a section of the
“appropriate prosecutor” means a prosecutor as
Revised Code as described in division (A)(2)(c) of this
defined in section 2935.01 of the Revised Code
section and the complaint is filed during one of the
and either of the following:
periods of time specified in division (B)(1) of section
3517.156 of the Revised Code, the person or entity (a) In the case of a failure to comply with or
may request an expedited hearing under that section a violation of law involving a campaign
at the time the complaint is filed. The attorney for committee or the committee’s candidate, a
the commission shall inform the members of the political party, a legislative campaign fund,
commission of that request at the time the attorney a political action committee, or a political
makes a recommendation under division (A) of this contributing entity, that is required to file a
section. The commission may grant the request for an statement of contributions and expenditures
expedited hearing under this division if it determines with the secretary of state under division (A)
that an expedited hearing is practicable. of section 3517.11 of the Revised Code, the
prosecutor of Franklin county;
3517.155 Hearings; investigations
(b) In the case of a failure to comply with
(A)(1) Except as otherwise provided in division (B) or a violation of law involving any other
of this section, the Ohio elections commission campaign committee or committee’s
shall hold its first hearing on a complaint filed candidate, or any other political party ,
with it, other than a complaint that receives political action committee, or political
an expedited hearing under section 3517.156 contributing entity either of the following as
of the Revised Code, not later than ninety determined by the commission:
business days after the complaint is filed unless
the commission has good cause to hold the (i) The prosecutor of Franklin county;
hearing after that time, in which case it shall
(ii) The prosecutor of the county in which in division (C)(1) of section 3517.156 of the Revised
the candidacy or ballot question or issue Code, the commission or a panel of the commission
is submitted to the electors or, if it is may find that the complaint is frivolous, and, if the
submitted in more than one county, the commission or panel so finds, the commission shall
most populous of those counties. order the complainant to pay reasonable attorney’s
fees and to pay the costs of the commission or panel
(B) If the commission decides that the evidence is as determined by a majority of the members of the
insufficient for it to determine whether or not the commission. The costs paid to the commission or
failure to act or the violation alleged in the complaint panel under this division shall be deposited into the
has occurred, the commission, by the affirmative vote Ohio elections commission fund.
of five members, may request that an investigatory
attorney investigate the complaint. Upon that request, 3517.156 Expedited hearings
an investigatory attorney shall make an investigation
in order to produce sufficient evidence for the (A) If a complaint filed with the Ohio elections
commission to decide the matter. If the commission commission is to receive an expedited hearing
requests an investigation under this division, for pursuant to section 3517.154 of the Revised Code,
good cause shown by the investigatory attorney, the a panel of at least three members of the commission
commission may extend by sixty days the deadline for shall hold a hearing on the complaint to determine
holding its first hearing on the complaint as required whether there is probable cause to refer the matter
in division (A) of this section. to the full commission for a hearing under section
3517.155 of the Revised Code. Not more than one-
(C) The commission shall take one of the actions half of the members of a panel shall be affiliated
required under division (A) of this section not later with the same political party. The chairperson of the
than thirty days after the close of all the evidence commission shall call for the selection of a panel, as
presented. needed, and shall select the members of the panel by
lot.
(D)(1) The commission shall make any finding of a
failure to comply with or a violation of law in (B)(1) Except as otherwise provided in section
regard to a complaint that alleges a violation 3517.154 of the Revised Code and divisions
of division (D) of section 3517.1010, division (B)(2) and (3) of this section, the panel shall
(A) or (B) of section 3517.21, or division (A) or hold one expedited hearing on a complaint
(B) of section 3517.22 of the Revised Code by forwarded to it by the commission for an
clear and convincing evidence. The commission expedited hearing in accordance with this
shall make any finding of a failure to comply division. If a complaint is filed on or after
with or a violation of law in regard to any other the sixtieth day prior to a primary or special
complaint by a preponderance of the evidence. election or on or after the ninetieth day prior to
the general election, but not later than the day
(2) If the commission finds a violation of division of the primary, special, or general election to
(B) of section 3517.21 or division (B) of section which the complaint relates, the hearing shall
3517.22 of the Revised Code, it shall refer the be held not later than two business days after
matter to the appropriate prosecutor under the determination required to be made under
division (A)(1)(c) of this section and shall not division (A) of section 3517.154 of the Revised
impose a fine under division (A)(1)(b) of this Code is made, unless the panel has good cause
section or section 3517.993 of the Revised to hold the hearing after that time, in which case
Code. it shall hold the hearing not later than seven
business days after that determination is made.
(E) In an action before the commission or a panel of
All members of the panel shall be present before
the commission, if the allegations of the complainant
any official action may be taken, and a majority
are not proved, and the commission takes the action
vote of the panel is required for any official
described in division (A)(1)(a) of this section or a
action.
panel of the commission takes the action described
(2) The commission shall hold a hearing on a (D) No panel of the commission shall impose a fine.
complaint that is filed prior to the periods of
(E) If the panel dismisses the complaint under
time specified in division (B)(1) of this section,
division (C)(1) of this section, the person who made
or filed after the date of the election to which
the complaint may petition the full commission
the complaint relates, at the times specified for
to reconsider the dismissal at a hearing under
hearing complaints in section 3517.155 of the
section 3517.155 of the Revised Code. A petition
Revised Code.
for reconsideration shall be filed not later than two
(3) The deadlines provided for in division (B)(1) business days after the dismissal of the complaint. The
of this section may be extended by agreement commission shall render its decision on the petition
of all parties to the complaint but shall not be not later than three business days after receiving the
extended beyond the deadlines provided for in petition. If the petition for reconsideration is granted,
division (A) of section 3517.155 of the Revised the commission shall hold a hearing on the complaint
Code. under section 3517.155 of the Revised Code not later
than five business days after granting the petition.
(C) At the expedited hearing held under division (B)(1)
If the petition for reconsideration is not granted,
of this section, the panel shall make only one of the
the commission shall order the person who filed
following determinations:
the complaint to pay reasonable attorney’s fees
(1) There is no probable cause to believe that the and to pay the costs of the panel that dismissed
failure to comply with or the violation of a the complaint as determined by a majority of the
law alleged in the com-plaint has occurred. members of the commission. The costs paid to the
If the panel so determines, it shall dismiss the commission under this division shall be deposited
complaint. into the Ohio elections commission fund.
(F) As used in this section, “expedited hearing”
(2) There is probable cause to believe that the includes an automatic expedited hearing as
failure to comply with or the violation of a law prescribed in section 3517.154 of the Revised Code.
alleged in the complaint has occurred. If the
panel so determines, it shall refer the complaint 3517.157 Limitations; withdrawal or
to the full commission, and the commission
shall hold a hearing on the complaint under
dismissal of complaints; appeals; open
section 3517.155 of the Revised Code not later meetings
than ten days after the complaint is referred to it
(A) A complaint shall be filed with the Ohio elections
by the panel.
commission within two years after the occurrence
(3) The evidence is insufficient for the panel to of the act or failure to act that is the subject of the
make a determination under division (C)(1) complaint, except that if the act or failure to act
or (2) of this section and further investigation involves fraud, concealment, or misrepresentation
of the complaint is necessary. If the panel and was not discovered during that two-year period,
so determines, it immediately shall request a complaint may be filed within one year after
that an investigatory attorney investigate the discovery of such act or failure to act.
complaint, and an investigatory attorney shall
(B) Whoever files a complaint with the commission
make an investigation in order to produce
under section 3517.153 of the Revised Code may
sufficient evidence upon which to decide the
withdraw it at the following times:
matter. If the panel requests that an investigatory
attorney make an investigation, the complaint (1) If the complaint receives an expedited hearing
shall be referred to the full commission, and under section 3517.156 of the Revised Code,
the commission shall hold a hearing on the at any time prior to the hearing without the
complaint under section 3517.155 of the permission of the commission, or at any time
Revised Code. after the hearing begins but only with the
permission of the commission;
(2) If the complaint does not receive an expedited costs that the auditor of state will incur during
hearing, at any time. that year in conducting audits under section
3517.17 of the Revised Code. The tax com-
(C) The commission may dismiss a complaint pending missioner shall pay to the auditor of state, from
before it or before a panel of the commission. the Ohio political party fund, moneys sufficient
to pay the auditor of state’s estimated costs of
(D) The commission or a panel of the commission the audits referred to in this division.
shall conduct hearings in accordance with Chapter
119. of the Revised Code and the Rules of Civil (2) After the costs of audits are deducted
Procedure, except as they are inconsistent with under division (B)(1) of this section, the tax
rules adopted by the commission. A party adversely commissioner shall pay any moneys remaining
affected by a final determination of the commission in the fund only to political parties qualifying for
may appeal from the determination under section them under division (B) of section 3517.17 of
119.12 of the Revised Code. the Revised Code.
(E) The privilege granted to an attorney under section 3517.17 Division of moneys in fund among
2317.02 of the Revised Code shall be granted to
the full-time attorney employed by the commission
political parties
under division (H)(2) of section 3517.152 of the (A) At the beginning of each calendar quarter, after
Revised Code, and the commission or a panel of the the costs of audits are deducted under division (B)
commission shall be considered the client of that (1) of section 3517.16 of the Revised Code, the tax
attorney for purposes of that privilege. commissioner shall divide any remaining moneys that
have accrued in the Ohio political party fund during
(F) The members of the commission shall not do
the previous quarter equally among all qualified
either of the following except at a meeting of the
political parties in the following manner. Of the
commission subject to section 121.22 of the Revised
public moneys to which a party is entitled:
Code:
(1) One-half shall be paid to the treasurer of the
(1) Discuss among themselves a complaint pending
state executive committee of the party;
before the commission or a panel of the
commission; (2) One-half shall be distributed to the treasurer of
each county executive committee of the various
(2) Discuss a complaint pending before the
counties in ac-cordance with the ratio that the
commission or a panel of the commission
number of checkoffs in each county bears to the
with a party to the complaint, an attorney
total number of checkoffs, as determined by the
representing a party to the complaint, or an
tax commissioner.
investigatory attorney of the commission.
Each party treasurer receiving public moneys
3517.16 Deposit of moneys into fund
from the Ohio political party fund shall deposit
(A) There is hereby created in the state treasury the those moneys into the party’s restricted fund
Ohio political party fund. All moneys received as a created under section 3517.1012 of the Revised
result of individuals exercising the checkoff option on Code, shall expend and maintain those moneys
their state income tax returns provided for in section subject to the requirements of that section and
5747.081 of the Revised Code shall be deposited in section 3517.18 of the Revised Code, and shall
the fund. The tax commissioner shall pay money from file deposit and disbursement statements as
the fund to the auditor of state and to political parties required by division (B) of section 3517.1012
in the manner described in division (B) of this section. of the Revised Code. The auditor of state shall
annually audit the deposit and disbursement
(B)(1) The auditor of state annually shall submit a statements of the state committee of a political
report to the tax commissioner estimating the party that is eligible to receive public moneys
collected during the previous year, to ascertain
that all moneys in the party’s restricted fund are costs for registration forms, mailing costs for
expended in accordance with law. The auditor communications soliciting voter registration,
of state shall audit the deposit and disbursement and payments for the services of persons
statements of each county committee of such conducting voter registration and get-out-the-
a political party to ascertain that all moneys vote activities;
in the party’s restricted fund are expended in
accordance with law at the time of the public (3) The administration of party fund-raising drives;
office audit of that county under Chapter 117. of
the Revised Code. (4) Paid advertisements in the electronic or printed
media, sponsored jointly by two or more
(B) Only major political parties, as defined in section qualified political parties, to publicize the Ohio
3501.01 of the Revised Code, may apply for public political party fund and to encourage taxpayers
moneys from the Ohio political party fund. At the to support the income tax checkoff program;
end of each even-numbered calendar year, the
secretary of state shall announce the names of all (5) Direct mail campaigns or other
such political parties, indicating that they may apply communications with the registered voters of
to receive such moneys during the ensuing two a party that are not related to any particular
years. Any political party named at this time may, candidate or election;
not later than the last day of January of the ensuing
(6) The preparation of reports required by law.
odd-numbered year, make application with the tax
commissioner to receive public moneys. A political (B)(1) Moneys from the Ohio political party fund shall
party that fails to make a timely application shall not not be used for any of the following purposes:
receive public moneys during that two-year period.
The tax commissioner shall prescribe an appropriate (a) To further the election or defeat of any
application form. Moneys from the fund shall be particular candidate or to influence directly
provided during the appropriate two-year period to the outcome of any candidate or issue
each political party that makes a timely application in election;
accordance with this division.
(b) To pay party debts incurred as the result of
3517.18 Purposes for which moneys from any election;
fund may be used by political parties
(c) To make a payment clearly in excess of the
(A) A political party receiving moneys from the Ohio market value of the item or service that is
political party fund may expend the moneys only for received for the payment.
the fol-lowing purposes:
(2) Moneys from the Ohio political party fund that
(1) The defraying of operating and maintenance are used as rental costs for booth spaces at fairs,
costs associated with political party festivals, or similar events, at which candidates
headquarters, including rental or leasing are present or informational materials about
costs, staff salaries, office equipment and candidates are available, are not used in
supplies, postage, and the purchase, lease, violation of division (B)(1)(a) of this section if
or maintenance of computer hardware and voter registration forms also are available at
software; those booths and booth space is available for
use by all candidates of the party renting the
(2) The organization of voter registration programs booth.
and get-out-the-vote campaigns and the costs
associated with voter registration and get-out- (C) If there is a question about the legitimacy of a
the-vote activities, including, but not limited party expenditure of public moneys, a designated
to, rental costs for booth spaces at fairs, agent of a political party receiving moneys from
festivals, or similar events if voter registration the Ohio political party fund may request the Ohio
forms are available at those booths, printing elections commission for an advisory opinion on the
matter prior to making an expenditure of those public designed to promote the adoption or defeat
moneys. The commission shall afford the highest of a ballot issue or question or to influence
priority to a request made under this division. the voters in an election.
is responsible for that political publication or make an expenditure for the purpose of
that makes an expenditure for that political financing political communications in support
communication through public political of or opposition to a ballot issue or question
advertising appears in a conspicuous place in through public political advertising, unless
that political publication or is contained within the name and residence or business address
that political communication. of the chairperson, treasurer, or secretary of
the political action committee that issues
(6) No limited political action committee shall or otherwise is responsible for that political
do either of the following unless the name publication or that makes an expenditure
and residence or business address of the for that political communication appears
chairperson, treasurer, or secretary of the limited in a conspicuous place in that political
political action committee involved appears in publication or is contained within that political
a conspicuous place in the political publication communication.
for or against a ballot issue described in division
(A)(6)(a) of this section or is contained within (8) The disclaimer “paid political advertisement” is
the political communication described in not sufficient to meet the requirements of this
division (A)(6)(b) of this section: section.
(a) Issue a form of political publication for or (9) If the political publication described in division
against a ballot issue that costs in excess of (A) of this section is issued by the regularly
the designated amount or that is issued in constituted central or executive committee of
cooperation, consultation, or concert with, or a political party that is organized as provided
at the request or suggestion of, a candidate, a in this chapter, it shall be sufficiently identified
campaign committee, a legislative campaign if it bears the name of the committee and its
fund, a political party, a political action chairperson or treasurer.
committee with ten or more members, or
a limited political action committee that (10) If more than one piece of printed matter
spends in excess of the designated amount or printed political communications are
for a related or the same or similar political mailed as a single packet, the requirements
publication for or against an issue; of division (A) of this section are met if one of
the pieces of printed matter or printed political
(b) Make an expenditure in excess of the communications in the packet contains the
designated amount in support of or name and residence or business address of
opposition to a ballot issue or make an the chairperson, treasurer, or secretary of
expenditure in cooperation, consultation, the organization or entity that issues or is
or concert with, or at the request or responsible for the printed matter or other
suggestion of, a candidate, a campaign printed political communications.
committee, a legislative campaign fund, a
political party, a political action committee (11) This section does not apply to the transmittal of
with ten or more members, or a limited personal correspondence that is not reproduced
political action committee that spends by machine for general distribution.
in excess of the designated amount in
support of or opposition to the same ballot (12) The secretary of state, by rule, may exempt
issue, for the purpose of financing political from the requirements of this section, printed
communications in support of or opposition matter and certain other kinds of printed
to that ballot issue through public political communications such as campaign buttons,
advertising. balloons, pencils, or similar items, the size or
nature of which makes it unreasonable to add
(7) No political action committee with ten or an identification or disclaimer.
more members shall issue a form of political
publication for or against an issue, or shall
(13) The disclaimer or identification described a false, fictitious, or fraudulent name or address
in division (A) of this section, when paid for in the making or issuing of a publication or
by a campaign committee, shall be identified communication included within the provisions
by the words “paid for by” followed by the of this section.
name and address of the campaign committee
and the appropriate officer of the committee, (C) No candidate, campaign committee, legislative
identified by name and title. The identification campaign fund, political party, political action
or disclaimer may use reasonable abbreviations committee, limited political action committee,
for common terms such as “treasurer” or political contributing entity, limited political
“committee”. contributing entity, or other person or entity shall
conduct a telephone bank for the purpose of
(B)(1) No candidate, campaign committee, legislative promoting the nomination, election, or defeat of a
campaign fund, political party, political action candidate or the adoption or defeat of an issue or to
committee, limited political action committee, influence the voters in an election, unless the call
political contributing entity, limited political includes a disclaimer that identifies the name of the
contributing entity, or other entity shall utter candidate, campaign committee, legislative campaign
or cause to be uttered, over the broadcasting fund, political party, political action committee,
facilities of any radio or television station limited political action committee, political
within this state, any communication that is contributing entity, limited political contributing
designed to promote the nomination, election, entity, or other person or entity paying for the
or defeat of a candidate, or the adoption or telephone bank.
defeat of an issue or to influence the voters
in an election, unless the speaker identifies (D) Before a prosecution may commence under this
the speaker with the speaker’s name and section, a complaint shall be filed with the Ohio
residence address or unless the communication elections commission under section 3517.153
identifies the chairperson, treasurer, or of the Revised Code. After the complaint is filed,
secretary of the organization responsible for the the commission shall proceed in accordance with
communication with the name and residence sections 3517.154 to 3517.157 of the Revised Code.
or business address of that officer, except that
communications by radio need not broadcast 3517.21 Unfair political campaign activities
the residence or business address of the officer.
However, a radio station, for a period of at least (A) No person, during the course of any campaign for
six months, shall keep the residence or business nomination or election to public office or office of
address on file and divulge it to any person a political party, shall knowingly and with intent to
upon request. affect the outcome of such campaign do any of the
following:
No person operating a broadcast station or
an organ of printed media shall broadcast or (1) Serve, or place another person to serve, as an
print a paid political communication that does agent or employee in the election campaign
not contain the identification required by this organization of a candidate for the purpose of
section. acting to impede the conduct of the candidate’s
campaign for nomination or election or
(2) Division (B) of this section does not apply of reporting information to the employee’s
to any communications made on behalf of a employer or the agent’s principal without the
radio or television station or network by any knowledge of the candidate or the candidate’s
employee of such radio or television station organization;
or network while acting in the course of the
employee’s employment. (2) Promise, offer, or give any valuable thing
or valuable benefit to any person who is
(3) No candidate or entity described in division (B) employed by or is an agent of a candidate or
(1) of this section shall use or cause to be used a candidate’s election campaign organization
for the purpose of influencing the employee or (6) Make a false statement that a candidate or
agent with respect to the improper discharge of official has a record of treatment or confinement
the employee’s or agent’s campaign duties or to for mental disorder;
obtain information about the candidate or the
candidate’s campaign organization. (7) Make a false statement that a candidate or
official has been subjected to military discipline
(B) No person, during the course of any campaign for criminal misconduct or dishonorably
for nomination or election to public office or office discharged from the armed services;
of a political party, by means of campaign materials,
including sample ballots, an advertisement on radio (8) Falsely identify the source of a statement, issue
or television or in a newspaper or periodical, a public statements under the name of another person
speech, press release, or otherwise, shall knowingly without authorization, or falsely state the
and with intent to affect the outcome of such endorsement of or opposition to a candidate by
campaign do any of the following: a person or publication;
(1) Use the title of an office not currently held by (9) Make a false statement concerning the voting
a candidate in a manner that implies that the record of a candidate or public official;
candidate does currently hold that office or
use the term “re-elect” when the candidate has (10) Post, publish, circulate, distribute, or otherwise
never been elected at a primary, general, or disseminate a false statement concerning a
special election to the office for which he or she candidate, either knowing the same to be false
is a candidate; or with reckless disregard of whether it was false
or not, if the statement is designed to promote
(2) Make a false statement concerning the formal the election, nomination, or defeat of the
schooling or training completed or attempted candidate.
by a candidate; a degree, diploma, certificate,
scholarship, grant, award, prize, or honor As used in this section, “voting record” means
received, earned, or held by a candidate; or the recorded “yes” or “no” vote on a bill,
the period of time during which a candidate ordinance, resolution, motion, amendment, or
attended any school, college, community confirmation.
technical school, or institution;
(C) Before a prosecution may commence under this
(3) Make a false statement concerning the section, a complaint shall be filed with the Ohio
professional, occupational, or vocational elections commission under section 3517.153
licenses held by a candidate, or concerning of the Revised Code. After the complaint is filed,
any position the candidate held for which the the commission shall proceed in accordance with
candidate received a salary or wages; sections 3517.154 to 3517.157 of the Revised Code.
(4) Make a false statement that a candidate or 3517.22 Unfair activities in issue campaign
public official has been indicted or convicted
of a theft offense, extortion, or other crime (A) No person during the course of any campaign
involving financial corruption or moral in advocacy of or in opposition to the adoption of
turpitude; any proposition or issue submitted to the voters shall
knowingly and with intent to affect the outcome of
(5) Make a statement that a candidate has been such campaign do any of the following:
indicted for any crime or has been the subject
of a finding by the Ohio elections commission (1) Serve, or place another person to serve, as an
without disclosing the outcome of any legal agent or employee in the election campaign
proceedings resulting from the indictment or organization of a committee which advocates
finding; or is in opposition to the adoption of any
ballot proposition or issue for the purpose of
acting to impede the conduct of the campaign of sections 3517.08 to 3517.13, 3517.18, 3517.20
on the proposition or issue or of reporting to 3517.22, 3599.03, and 3599.031 of the Revised
information to the employee’s employer or the Code and shall provide each candidate, political
agent’s principal without the knowledge of the action committee, political contributing entity,
committee; legislative campaign fund, political party, and person
making disbursements to pay the direct costs of
(2) Promise, offer, or give any valuable thing or producing or airing electioneering communications
valuable benefit to any person who is employed with written instructions and explanations in order to
by or is an agent of a committee in advocacy ensure compliance with sections 3517.08 to 3517.13,
of or in opposition to the adoption of any 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03,
ballot proposition or issue, for the purpose of and 3599.031 of the Revised Code.
influencing the employee or agent with respect
to the improper discharge of the employee’s or 3517.992 Penalties for violations on or after
agent’s campaign duties or to obtain information 8-24-95.
about the committee’s campaign organization.
This section establishes penalties only with respect to
(B) No person, during the course of any campaign in acts or failures to act that occur on and after August
advocacy of or in opposition to the adoption of any 24, 1995.
ballot proposition or issue, by means of campaign
material, including sample ballots, an advertisement (A)(1) A candidate whose campaign committee
on radio or television or in a newspaper or periodical, violates division (A), (B), (C), (D), or (V) of
a public speech, a press release, or otherwise, shall section 3517.13 of the Revised Code, or a
knowingly and with intent to affect the outcome of treasurer of a campaign committee who violates
such campaign do any of the following: any of those divisions, shall be fined not more
than one hundred dollars for each day of
(1) Falsely identify the source of a statement, violation.
issue statements under the name of another
person without authorization, or falsely state (2) Whoever violates division (E) or (X)(5) of section
the endorsement of or opposition to a ballot 3517.13 or division (E)(1) of section 3517.1014
proposition or issue by a person or publication; of the Revised Code shall be fined not more
than one hundred dollars for each day of
(2) Post, publish, circulate, distribute, or otherwise violation.
disseminate, a false statement, either knowing
the same to be false or acting with reckless (B) A political party that violates division (F)(1) of
disregard of whether it was false or not, that is section 3517.101 of the Revised Code shall be fined
designed to promote the adoption or defeat of not more than one hundred dollars for each day of
any ballot proposition or issue. violation.
(C) Before a prosecution may commence under this (C) Whoever violates division (F)(2) of section
section, a complaint shall be filed with the Ohio 3517.101, division (G) of section 3517.13, or division
elections com-mission under section 3517.153 (E)(2) or (3) of section 3517.1014 of the Revised Code
of the Revised Code. After the complaint is filed, shall be fined not more than ten thousand dollars
the commission shall proceed in accordance with or, if the offender is a person who was nominated or
sections 3517.154 to 3517.157 of the Revised Code. elected to public office, shall forfeit the nomination or
the office to which the offender was elected, or both.
3517.23 Rules for administration and
enforcement of statutes (D) Whoever violates division (F) of section 3517.13
of the Revised Code shall be fined not more than
The secretary of state shall adopt rules in accordance three times the amount contributed.
with Chapter 119. of the Revised Code that are
necessary for the administration and enforcement
(E) Whoever violates division (H) of section 3517.13 or contributed in excess of the amount
of the Revised Code shall be fined not more than one permitted by that division, as applicable.
hundred dollars.
(c) Any political contributing entity that violates
(F) Whoever violates division (O), (P), or (Q) of division (B)(7) of section 3517.102 of the
section 3517.13 of the Revised Code is guilty of a Revised Code shall be fined an amount
misdemeanor of the first degree. equal to three times the amount contributed
in excess of the amount permitted by that
(G) A state or county committee of a political party division.
that violates division (B)(1) of section 3517.18 of the
Revised Code shall be fined not more than twice the (5) Any political party that violates division (B)(4)
amount of the improper expenditure. of section 3517.102 of the Revised Code shall
be fined an amount equal to three times the
(H) A state or county political party that violates amount contributed in excess of the amount
division (G) of section 3517.101 of the Revised Code permitted by that division.
shall be fined not more than twice the amount of the
improper expenditure or use. (6) Notwithstanding divisions (I)(1), (2), (3), (4), and
(5) of this section, no violation of division (B) of
(I)(1) Any individual who violates division (B)(1) of section 3517.102 of the Revised Code occurs,
section 3517.102 of the Revised Code and and the secretary of state shall not refer parties
knows that the contribution the individual to the Ohio elections commission, if the amount
makes violates that division shall be fined transferred or contributed in excess of the
an amount equal to three times the amount amount permitted by that division meets either
contributed in excess of the amount permitted of the following conditions:
by that division.
(a) It is completely refunded within five business
(2) Any political action committee that violates days after it is accepted.
division (B)(2) of section 3517.102 of the
Revised Code shall be fined an amount equal to (b) It is completely refunded on or before
three times the amount contributed in excess of the tenth business day after notification
the amount permitted by that division. to the recipient of the excess transfer or
contribution by the board of elections
(3) Any campaign committee that violates division or the secretary of state that a transfer or
(B)(3) or (5) of section 3517.102 of the Revised contribution in excess of the permitted
Code shall be fined an amount equal to three amount has been received.
times the amount contributed in excess of the
amount permitted by that division. (J)(1) Any campaign committee that violates division
(C)(1), (2), (3), or (6) of section 3517.102 of the
(4)(a) Any legislative campaign fund that violates Revised Code shall be fined an amount equal
division (B)(6) of section 3517.102 of the to three times the amount accepted in excess of
Revised Code shall be fined an amount equal the amount permitted by that division.
to three times the amount transferred or
contributed in excess of the amount permitted (2)(a) Any county political party that violates
by that division, as applicable. division (C)(4)(a)(ii) or (iii) of section 3517.102
of the Revised Code shall be fined an amount
(b) Any state political party, county political equal to three times the amount accepted.
party, or state candidate fund of a state
political party or county political party that (b) Any county political party that violates
violates division (B)(6) of section 3517.102 of division (C)(4)(a)(i) of section 3517.102 of the
the Revised Code shall be fined an amount Revised Code shall be fined an amount from
equal to three times the amount transferred its state candidate fund equal to three times
the amount accepted in excess of the amount Revised Code shall give to the treasurer of state
permitted by that division. for deposit into the state treasury to the credit of
the Ohio elections commission fund all excess
(c) Any state political party that violates division contributions not disposed of as required by
(C)(4)(b) of section 3517.102 of the Revised division (E) of section 3517.102 of the Revised
Code shall be fined an amount from its state Code.
candidate fund equal to three times the
amount accepted in excess of the amount (L) Whoever violates section 3517.105 of the Revised
permitted by that division. Code shall be fined one thousand dollars.
(3) Any legislative campaign fund that violates (M)(1) Whoever solicits a contribution in violation
division (C)(5) of section 3517.102 of the of section 3517.092 or violates division (B) of
Revised Code shall be fined an amount equal section 3517.09 of the Revised Code is guilty of
to three times the amount accepted in excess of a misdemeanor of the first degree.
the amount permitted by that division.
(2) Whoever knowingly accepts a contribution
(4) Any political action committee or political in violation of division (B) or (C) of section
contributing entity that violates division (C) 3517.092 of the Revised Code shall be fined
(7) of section 3517.102 of the Revised Code an amount equal to three times the amount
shall be fined an amount equal to three times accepted in violation of either of those divisions
the amount accepted in excess of the amount and shall return to the contributor any amount
permitted by that division. so accepted. Whoever unknowingly accepts
a contribution in violation of division (B) or
(5) Notwithstanding divisions (J)(1), (2), (3), and (C) of section 3517.092 of the Revised Code
(4) of this section, no violation of division shall return to the contributor any amount so
(C) of section 3517.102 of the Revised Code accepted.
occurs, and the secretary of state shall not
refer parties to the Ohio elections commission, (N) Whoever violates division (S) of section 3517.13
if the amount transferred or contributed in of the Revised Code shall be fined an amount equal
excess of the amount permitted to be accepted to three times the amount of funds transferred or three
by that division meets either of the following times the value of the assets transferred in violation of
conditions: that division.
(a) It is completely refunded within five business (O) Any campaign committee that accepts a
days after its acceptance. contribution or contributions in violation of section
3517.108 of the Revised Code, uses a contribution in
(b) It is completely refunded on or before violation of that section, or fails to dispose of excess
the tenth business day after notification contributions in violation of that section shall be fined
to the recipient of the excess transfer or an amount equal to three times the amount accepted,
contribution by the board of elections used, or kept in violation of that section.
or the secretary of state that a transfer or
contribution in excess of the permitted (P) Any political party, state candidate fund, legislative
amount has been received. candidate fund, or campaign committee that violates
division (T) of section 3517.13 of the Revised Code
(K)(1) Any legislative campaign fund that violates shall be fined an amount equal to three times the
division (F)(1) of section 3517.102 of the amount contributed or accepted in violation of that
Revised Code shall be fined twenty-five dollars section.
for each day of violation.
(Q) A treasurer of a committee or another person who
(2) Any legislative campaign fund that violates violates division (U) of section 3517.13 of the Revised
division (F)(2) of section 3517.102 of the Code shall be fined not more than two hundred fifty
dollars.
(R) Whoever violates division (I) or (J) of section (Y)(1) Any campaign committee that fails to dispose of
3517.13 of the Revised Code shall be fined not more excess funds or excess aggregate contributions
than one thousand dollars. Whenever a person is under division (B) of section 3517.109 of
found guilty of violating division (I) or (J) of section the Revised Code in the manner required by
3517.13 of the Revised Code, the contract awarded division (C) of that section or under division (B)
in violation of either of those divisions shall be of section 3517.1010 of the Revised Code in the
rescinded if its terms have not yet been performed. manner required by division (C) of that section
shall give to the treasurer of state for deposit into
(S) A candidate whose campaign committee violates the Ohio elections commission fund created
or a treasurer of a campaign committee who violates under division (I) of section 3517.152 of the
section 3517.081 of the Revised Code, and a Revised Code all funds not disposed of pursuant
candidate whose campaign committee violates or a to those divisions.
treasurer of a campaign committee or another person
who violates division (C) of section 3517.10 of the (2) Any treasurer of a transition fund that fails to
Revised Code, shall be fined not more than five dispose of assets remaining in the transition
hundred dollars. fund as required under division (H)(1) or (2) of
section 3517.1014 of the Revised Code shall
(T) A candidate whose campaign committee violates give to the treasurer of state for deposit into the
or a treasurer of a committee who violates division Ohio elections commission fund all assets not
(B) of section 3517.09 of the Revised Code, or a disposed of pursuant to that division.
candidate whose campaign committee violates or
a treasurer of a campaign committee or another (Z) Any individual, campaign committee, political
person who violates division (C) of section 3517.09 action committee, political contributing entity,
of the Revised Code shall be fined not more than one legislative campaign fund, political party, treasurer
thousand dollars. of a transition fund, or other entity that violates any
provision of sections 3517.09 to 3517.12 of the
(U) Whoever violates section 3517.20 of the Revised Revised Code for which no penalty is provided for
Code shall be fined not more than five hundred under any other division of this section shall be fined
dollars. not more than one thousand dollars.
(V) Whoever violates section 3517.21 or 3517.22 of (AA)(1) Whoever knowingly violates division (W)(1)
the Revised Code shall be imprisoned for not more of section 3517.13 of the Revised Code shall
than six months or fined not more than five thousand be fined an amount equal to three times the
dollars, or both. amount contributed, expended, or promised
in violation of that division or ten thousand
(W) A campaign committee that is required to file dollars, whichever amount is greater.
a declaration of no limits under division (D)(2) of
section 3517.103 of the Revised Code that, before (2) Whoever knowingly violates division (W)(2)
filing that declaration, accepts a contribution or of section 3517.13 of the Revised Code shall
contributions that exceed the limitations prescribed be fined an amount equal to three times the
in section 3517.102 of the Revised Code, shall amount solicited or accepted in violation of
return that contribution or those contributions to the that division or ten thousand dollars, whichever
contributor. amount is greater.
(X) Any campaign committee that fails to file the (BB) Whoever knowingly violates division (C) or
declaration of filing-day finances required by division (D) of section 3517.1011 of the Revised Code shall
(F) of section 3517.109 or the declaration of primary- be fined not more than ten thousand dollars plus
day finances or declaration of year-end finances not more than one thousand dollars for each day of
required by division (E) of section 3517.1010 of the violation.
Revised Code shall be fined twenty-five dollars for
each day of violation.
(CC)(1) Subject to division (CC)(2) of this section, (A) Except as otherwise provided in division (D)(2)
whoever violates division (H) of section of section 3517.155 of the Revised Code, the Ohio
3517.1011 of the Revised Code shall be fined elections commission may impose administrative
an amount up to three times the amount fines under division (A)(1)(b) of section 3517.155 of
disbursed for the direct costs of airing the the Revised Code in accordance with the amounts
communication made in violation of that set forth under sections 3517.992, 3599.03, and
division. 3599.031 of the Revised Code.
(2) Whoever has been ordered by the Ohio (B) The commission may suspend all or part of a fine
elections commission or by a court of it imposes under this section upon whatever terms
competent jurisdiction to cease making and conditions the commission considers just.
communications in violation of division (H)
of section 3517.1011 of the Revised Code (C)(1) The commission shall consider any of the
who again violates that division shall be fined following circumstances in determining whether
an amount equal to three times the amount to impose a maximum fine under this section:
disbursed for the direct costs of airing the
communication made in violation of that (a) Whether the violator has been found guilty
division. of any other violation of Title XXXV of the
Revised Code;
(DD)(1) Any corporation or labor organization that
violates division (X)(3)(a) of section 3517.13 (b) Whether the violation was made knowingly
of the Revised Code shall be fined an amount or purposely;
equal to three times the amount given in excess (c) Whether any relevant statements, addenda,
of the amount permitted by that division. or affidavits required to be filed have not
been filed;
(2) Any state or county political party that violates
division (X)(3)(b) of section 3517.13 of the (d) Whether the violator has any outstanding
Revised Code shall be fined an amount equal fines imposed for a violation of Title XXXV of
to three times the amount accepted in excess of the Revised Code;
the amount permitted by that division.
(e) Whether the violation occurred during the
(EE)(1) Any campaign committee or person who course of a campaign.
violates division (C)(1)(b) or (c) of section
3517.1014 of the Revised Code shall be fined (2) The commission shall consider any of the
an amount equal to three times the amount following circumstances in determining whether
donated in excess of the amount permitted by to impose a minimal fine or no fine under this
that division. section:
(2) Any officeholder or treasurer of a transition fund (a) Whether the violator previously has not been
who violates division (C)(3)(a) or (b) of section found guilty of any other violation of Title
3517.1014 of the Revised Code shall be fined XXXV of the Revised Code;
an amount equal to three times the amount
accepted in excess of the amount permitted by (b) Whether the violator has promptly corrected
that division. the violator’s violation;
3517.993 Fines for acts or omissions (c) Whether the nature and circumstances of the
violation merit a minimum fine;
occurring on or after 8-24-1995
(d) Whether there are substantial grounds
This section authorizes the establishment of fines that tending to excuse or justify the violation,
may be imposed only with respect to acts or failures although failing to establish a defense to the
to act that occur on and after August 24, 1995. violation;
(e) Whether the violation was not purposely (2) Whoever violates division (A)(1) of this section
committed. shall be fined not less than five hundred nor
more than five thousand dollars.
(3) The circumstances set forth in divisions (C)
(1) and (2) of this section shall be considered (B)(1) No officer, stockholder, attorney, or agent of
by, but shall not control the decision of, the a corporation or nonprofit corporation, no
commission in imposing a fine. member, including an officer, attorney, or agent,
of a labor organization, and no candidate,
(D) Fines imposed by the commission under this political party official, or other individual shall
section shall be paid into the Ohio elections knowingly aid, advise, solicit, or receive money
commission fund. or other property in violation of division (A)(1)
of this section.
3599.03 Corporation or labor organization
funds shall not be used to aid political (2) Whoever violates division (B)(1) of this section
shall be fined not more than one thousand
organization; funds used to promote or
dollars, or imprisoned not more than one year,
oppose ballot issue; exemptions or both.
(A)(1) Except to carry on activities specified in (C) A corporation, a nonprofit corporation, or a labor
sections 3517.082 and 3517.1011, division organization may use its funds or property for or in
(A)(2) of section 3517.1012, division (B) of aid of or opposition to a proposed or certified ballot
section 3517.1013, division (C)(1) of section issue. Such use of funds or property shall be reported
3517.1014, and section 3599.031 of the on a form prescribed by the secretary of state. Reports
Revised Code and except as provided in of contributions in connection with statewide ballot
divisions (D), (E), and (F) of this section, no issues shall be filed with the secretary of state.
corporation, no nonprofit corporation, and no Reports of contributions in connection with local
labor organization, directly or indirectly, shall issues shall be filed with the board of elections of
pay or use, or offer, advise, consent, or agree to the most populous county of the district in which the
pay or use, the corporation’s money or property, issue is submitted or to be submitted to the electors.
or the labor organization’s money, including Reports made pursuant to this division shall be filed
dues, initiation fees, or other assessments paid by the times specified in divisions (A)(1) and (2) of
by members, or property, for or in aid of or section 3517.10 of the Revised Code.
opposition to a political party, a candidate
for election or nomination to public office, a (D)(1) Any gift made pursuant to section 3517.101 of
political action committee including a political the Revised Code does not constitute a violation
action committee of the corporation or labor of this section or of any other section of the
organization, a legislative campaign fund, or Revised Code.
any organization that supports or opposes any
such candidate, or for any partisan political (2) Any gift made pursuant to division (A)(2) of
purpose, shall violate any law requiring the section 3517.1012 of the Revised Code does
filing of an affidavit or statement respecting not constitute a violation of this section.
such use of those funds, or shall pay or use the
corporation’s or labor organization’s money for (3) Any gift made pursuant to division (B) of section
the expenses of a social fund-raising event for 3517.1013 of the Revised Code does not
its political action committee if an employee’s constitute a violation of this section.
or labor organization member’s right to attend
such an event is predicated on the employee’s (4) Any donation made pursuant to division (C)(1)
or member’s contribution to the corporation’s or of section 3517.1014 of the Revised Code does
labor organization’s political action committee. not constitute a violation of this section.
direct costs of producing or airing electioneering (1) If an employer is a corporation, each subsidiary
communications, or a ballot issue, the employee shall of a parent corporation shall be considered
sign a written authorization designating the recipient an entity separate and distinct from any other
of a disbursement from that account. The written subsidiary and separate and distinct from the
authorization required under this division is separate parent corporation.
and distinct from a written authorization required
under division (A) of this section. The authorization (2) Each national, regional, state, and local affiliate
required under this division shall clearly identify and of a labor organization shall be considered a
designate the candidate, separate segregated fund, distinct entity.
political action committee of the employer, political
action committee of a labor organization of the (F) Whoever violates division (B) of this section shall
employer’s employees, political action committee of be fined not less than fifty nor more than five hundred
an association of which the employer is a member, dollars for each disbursement made in violation of
political party, legislative campaign fund, person that division.
making disbursements to pay the direct costs of
(G) In addition to the laws listed in division (A) of
producing or airing electioneering communications,
section 4117.10 of the Revised Code that prevail
or ballot issue that is to receive any disbursement
over conflicting agreements between employee
from the account established pursuant to this
organizations and public employers, this section
division. No person shall designate the recipient
prevails over any conflicting provisions of agreements
of a disbursement from the account except the
between labor organizations and public employers
employee from whose account the disbursement is
that are entered into on or after the effective date of
made. No employer shall make a disbursement from
this amendment pursuant to Chapter 4117. of the
the account of an employee established under this
Revised Code.
division unless the employer has received the written
authorization required under this division. (H) As used in this section:
(C) An employer shall furnish the recipient of any (1) “ Electioneering communication,” “legislative
amount transmitted pursuant to this section with the campaign fund,” “labor organization,” “political
employer’s full name and the full name of the labor action committee,” and “separate segregated
organization of which the employee whose amount fund” have the same meanings as in section
is being transmitted is a member, if any. An employer 3517.01 of the Revised Code.
shall keep and maintain the authorization forms of
all its employees from whose wages and salaries any (2) “Public employer” means an employer
amounts were deducted pursuant to division (A) of that is the state or a state agency, authority,
this section and the authorizations of disbursements commission, or board, a political subdivision of
from accounts established under division (B) of this the state, a school district or state institution of
section for a period of at least six years after the year higher learning, a public or special district, or
in which the deductions and disbursements were any other public employer.
made.
(3) “Employee” includes only an employee who is
(D) An employee who has made an authorization a resident of or is employed in this state.
pursuant to division (A) or (B) of this section may
revoke that authorization at any time. A revocation 3599.04 Contributions for illegal purposes
of the authorization does not affect any deduction
already made from an employee’s wages and salary or No person shall, directly or indirectly, in connection
any amounts already transmitted or disbursed under with any election, pay, lend, or contribute or offer
this section. or promise to pay, lend, or contribute any money or
other valuable consideration in the election or defeat
(E) For purposes of this section and for the purpose of of any candidate or the adoption or defeat of any
the information required to be filed under division (B) question or issue for any purposes other than those
(4)(b)(iii) of section 3517.10 of the Revised Code:
Campaign Finance
Administrative Rules
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Campaign Finance Administrative Rules
The rules set forth in Chapters 111-1 to 111-6 of the (2) Expressly states the qualifications and
Administrative Code shall apply to the nomination or requirements for membership in its articles,
election of candidates or support for or opposition to bylaws, constitution, or other formal
ballot issues in state and local elections. Nothing in organizational documents;
these rules shall be construed as limiting or regulating
federal elections, and those committees, parties, (3) Makes its articles, bylaws, constitution, or other
candidates, or funds when they participate in such formal organizational documents available to its
federal elections. members upon requests;
R.C. 119.032 review dates: 05/30/2006 and (4) Expressly solicits persons to become members;
01/01/2011
Promulgated Under: 119.03 (5) Expressly acknowledges the acceptance of
Statutory Authority: 3517.23 membership, such as by sending a membership
Rule Amplifies: 3517.10, 3517.102, 3517.105 card or including the member’s name on a
Prior Effective Dates: 8/23/95(Emer); 11/21/95; membership newsletter list.
7/13/98 (Emer); 9/24/98; 1/1/02
(D)(1) “Member” means all persons who are currently
satisfying the requirements for membership
111-1-02 Definitions. in a membership association, affirmatively
accept the membership association’s invitation
(A) In-kind contribution includes the provision of
to become a member, and who do any of the
goods or services without charge or at a charge
following:
which is less than the usual and normal charge for
such goods or such services. If goods or services (a) Have some significant financial attachment
are provided at less than the usual and normal to the membership association, such as a
charge, the amount of the in-kind contribution is the significant investment or ownership stake;
difference between the usual and normal charge for
the goods or services at the time of the contribution (b) Pay membership dues, at least annually,
and the amount charged the committee, party or of a specific amount predetermined by the
fund. association;
(B) “Usual and normal charge for goods” means the (c) Have a significant organizational attachment
price of those goods in the market from which they to the membership association which
ordinarily would have been purchased at the time of includes affirmation of membership on at
the contribution; and “usual and normal charge for least an annual basis and direct participatory
services”, other than those provided by an unpaid rights in the governance of the association.
volunteer, means the hourly or piecework charge For example, such rights could include
for the services at a commercially reasonable rate the right to vote directly or indirectly for
prevailing at the time the services were rendered. at least one individual on the membership
association’s highest governing board, the
(C) “Membership association” means a right to vote on policy questions where the
membership organization, trade association, highest governing body of the association is
cooperative, corporation without capital stock, obligated to abide by the results, the right to
political contributing entity, or a local, national or approve the association’s annual budget,
international labor organization that has all or a
majority of the following characteristics:
or the right to participate directly in similar (a) Political action committees, established,
aspects of the association’s governance. financed, maintained or controlled by
the same corporation, organization, labor
(2) Notwithstanding the above requirements for organization, continuing association or other
establishing membership, members of a local person, including any parent, subsidiary,
labor union are considered to be members of branch, division, or department, of that
any national or international labor union of corporation, organization, labor organization,
which the local labor union is a part and of any continuing association or other person.
federation with which the local, national, or
international labor union is affiliated. (b) Political contributing entities established,
financed, maintained or controlled by, or
(3) In the case of a membership association that that are the same, corporation, organization,
has a national federation structure or has several labor organization or other person, including
levels, including for example, national, state, any parent, subsidiary, branch, division, or
regional, and/or local affiliates, a person who department, of that corporation, organization,
qualifies as a member of any entity within the labor organization or other person.
federation or of any affiliate by meeting the
above requirements for establishing membership (c) Political action committees and political
shall also qualify as a member of all affiliates. contributing entities established, financed,
maintained or controlled by, or that are
(4) Notwithstanding the above requirements for the same, corporation, organization, labor
establishing membership, the Ohio elections organization, continuing association or other
commission may determine, on a case-by- person, including any parent, subsidiary,
case basis, that persons who do not precisely branch, division, or department, of that
meet those requirements but have a relatively corporation, organization, labor organization,
enduring and independently significant or other person.
organizational or financial attachment to the
membership may be considered members. (2) “Affiliation” means for purposes of sharing a
For example, student members who pay a single contribution limit under section 3517.102
lower amount of dues while in school, long of the Revised Code with respect to political
term dues-paying members who qualify for action committees and political contributing
lifetime membership status with little or no entities:
dues obligation, and retired members may be
considered members of the organization. (a) Political action committees sharing a single
contribution limit under section 3517.102
(E) “Stockholder” or “shareholder” means a person of the Revised Code include all political
who has a vested beneficial interest in stock, has the action committees, established, financed,
power to direct how that stock shall be voted, if it is maintained, or controlled by:
voting stock, and has the right to receive dividends.
(i) A single corporation and its subsidiaries;
(F) “Occupation” means the principal job title or
position of an individual and whether or not self- (ii) A single national or international labor
employed. union and its local labor unions or other
subordinate organizations;
(G) “Employer” means the organization or person by
whom an individual is employed, and not the name (iii) An organization of national or
of his or her supervisor. international labor unions and all its state
and local central bodies;
(H)(1) “Affiliation” means with respect to all political
action committees and political contributing (iv) A membership association, other than
entities: a political action committee, including
(v) The same person or group of persons (f) Whether a sponsoring organization,
committee, or entity provides funds in a
(3) The Ohio elections commission and the significant amount or on an ongoing basis to
secretary of state for purposes of referral to the another sponsoring organization, committee,
Ohio elections commission may examine the or entity, such as through direct or indirect
relationship between organizations, entities, payments for administrative, fund-raising, or
committees, or funds that sponsor committees, other costs, but not including the transfer to a
between the committees themselves, or between committee of its allocated share of proceeds
one sponsoring entity or organization and a jointly raised;
committee established by another entity or
organization to determine whether committees (g) Whether a sponsoring organization,
or entities are affiliated. committee, or entity causes or arranges
for funds in a significant amount or on an
(4) In determining whether committees or entities ongoing basis to be provided to another
not described in paragraph (H)(2) of this rule sponsoring organization, committee, or
are affiliated, the Ohio elections commission entity, but not including the transfer to a
and the secretary of state will consider the committee of its allocated share of proceeds
following circumstantial factors in the context of jointly raised; or
the overall relationship between committees or
sponsoring organizations or entities:
(h) Whether the sponsoring organization, of value in a common account for the
committee, or entity have similar patterns of specific purpose of supporting or opposing
contributions or contributors which indicate any candidate, political party, legislative
a formal or ongoing relationship between campaign fund, political action committee,
the sponsoring organization, committee, political contributing entity, or ballot issue;
or entity. The Ohio elections commission
and the secretary of state for purposes of (b) Whether the combination of two or more
referral to the Ohio elections commission persons has or will make a continuing pattern
will examine these factors in the context of of expenditures from a common account to
the overall relationship between committees, support or oppose any candidate, political
sponsoring organizations, or entities to party, legislative campaign fund, political
determine whether the presence of any factor action committee, political contributing
or factors is evidence of one committee, entity, or ballot issue;
sponsoring organization, or entity having
been established, financed, maintained, (c) Whether the combination of two or more
or controlled by another committee or persons constitutes an entity that was not in
sponsoring organization. existence prior to supporting or opposing
any candidate, political party, legislative
(I) “Solicitation” for purposes of sections campaign fund, political action committee,
3517.082, 3517.09, 3517.092 and 3599.031 political contributing entity, or ballot issue;
of the Revised Code shall mean an oral or
written request for a contribution. Examples (d) Whether the total dollar value of the
of a solicitation include directly or indirectly combination of two or more persons’ activity
asking a person for a monetary or an in-kind described in paragraphs (K)(1)(a), (K)(1)(b)
contribution. and (K)(1)(c) of this rule during a calendar
year exceeds one hundred dollars.
(J) “Political contributing entity” means any
entity, including a corporation or labor (2) As used in this paragraph, “combination of two
organization, that may lawfully make or more persons” does not include two or more
contributions and expenditures and that persons making individual contributions to any
is not an individual or a political action campaign committee, political party, legislative
committee, continuing association, campaign campaign fund, political action committee,
committee, political party, legislative political contributing entity, or ballot issue.
campaign fund, designated state campaign
(L) As provided in division (B)(8)(b) of section
committee, or state candidate fund. In
3517.01 of the Revised Code, a political club that
addition, “political contributing entity” does
is formed primarily for social purposes and that
not include professional associations under
meets the following criteria, is not a “political action
section 1702.01 of the Revised Code, limited
committee” as defined by division (B)(8) of section
liability companies under section 1705.01 of
3517.01 of the Revised Code:
the Revised Code or partnerships as defined
in Chapters 1775. to 1783. of the Revised (1) Consists of one hundred members or less; and
Code.
(2) Has officers; and
(K)(1) In determining whether a purpose is a “primary
or major purpose” as used in the definition (3) Periodic meetings; and
of “political action committee” under section
3517.01 of the Revised Code, the following (4) Has less than two thousand five hundred dollars
shall be considered: in its treasury at all times; and
(a) Whether the combination of two or more (5) Makes aggregate total contribution(s) of one
persons receives money or any other thing thousand dollars or less per calendar year.
(2) Is made on a basis which assures repayment; The committee may not make contributions solely
in its acronym or abbreviated name. A committee
(3) Is evidenced by a written instrument; and established by a corporation or labor organization
which has a number of subsidiaries need not include
(4) Is subject to a due date or amortization the name of each subsidiary in its name. Similarly,
schedule. a committee established by a subsidiary need not
include in its name the name of its parent or another
(I) Such loans shall be reported by the committee,
subsidiary of its parent. For purposes of this rule,
party, or fund in accordance with division (B)(4)(e) of
“sponsoring organization” means a corporation,
section 3517.10 of the Revised Code. For purposes
nonprofit corporation, or labor organization that
of Chapter 3517. of the Revised Code, an overdraft
establishes or administers a political action committee
made on a checking or savings account shall be
or a separate segregated fund pursuant to section
considered a contribution by the bank or institution
3517.082 of the Revised Code.
unless:
R.C. 119.032 review dates: 05/30/2006 and
(1) The overdraft is made on an account which is 01/01/2011
subject to automatic overdraft protection; Promulgated Under: 119.03
Statutory Authority: 3517.23
(2) The overdraft is subject to immediate Rule Amplifies: 3517.10
repayment; or Prior Effective Dates: 8/23/95 (Emer); 11/21/95;
1/1/02
(3) There is a definite repayment schedule.
R.C. 119.032 review dates: 05/30/2006 and
01/01/2011 111-1-05 Best efforts.
Promulgated Under: 119.03
When the treasurer of a candidate’s campaign
Statutory Authority: 3517.23
committee, political action committee, political
Rule Amplifies: 3517.10, 3517.102
contributing entity or separate segregated fund shows
Prior Effective Dates: 8/23/95 (Emer); 11/21/95;
that best efforts have been used to obtain, maintain,
7/13/98(Emer); 9/24/98; 1/1/02
and submit the information required by Chapter
3517. of the Revised Code, any report of such
111-1-04 Name of committee. committee or fund shall be considered in compliance
with such chapter. The treasurer shall make a notation
The name of each candidate’s campaign committee on the form prescribed by the secretary of state,
shall include on the designation of treasurer form at in lieu of the missing or incomplete information,
least the last name of the candidate who authorized that best efforts have been made to obtain that
such committee. No committee, other than the information.
candidate’s campaign committee, shall include the
name of any candidate in its name. For purposes of With regard to reporting the identification of each
this definition, “name” includes any name under person whose contribution(s) to the committee or
which a committee conducts activities, such as fund and its affiliated committees or funds exceeds
solicitations or other communications. one hundred dollars, the treasurer and the committee
or fund will be deemed to have exercised best
The name of a political action committee formed efforts to obtain, maintain and report the required
pursuant to Ohio law shall include the name of its information if:
sponsoring organization, if any. Such committee
may use a clearly recognized abbreviation or (A) All written solicitations for contributions in excess
acronym by which the sponsoring organization is of one hundred dollars include a clear request for
commonly known. However, both the full names the contributor’s full name, street address, name of
and such abbreviation or acronym shall be included employer, or occupation if self-employed.
on the committee’s designation of treasurer form.
(B) For each contribution received in excess of one R.C. 119.032 review dates: 12/26/2006 and
hundred dollars which lacks required contributor 12/01/2011
information such as the contributor’s full name, Promulgated Under: 119.03
street address, name of employer, or occupation if Statutory Authority: RC 3517.15
self-employed, the treasurer makes at least one effort Rule Amplifies: RC 3517.10, 3517.108, 3517.109
after the receipt of the contributions to obtain the Prior Effective Dates: 8/23/95 (Emer.), 11/21/95
missing information. Such effort shall consist of either
a written request sent to the contributor or an oral
request to the contributor documented in writing. 111-1-08 Limitations pertaining to federal
committees.
(C) The treasurer reports all contributor information
not provided by the contributor, but in the campaign Any federal political committee that makes a
committee’s possession; and contribution or contributions to a statewide or general
assembly candidate, political action committee,
(D) If any of the contributor information is received political contributing entity, legislative campaign
after the contribution has been disclosed on a fund, or political party shall be subject to the limits
regularly scheduled report, the campaign committee on contributions that may be made by political action
files, before its next regularly scheduled reporting committees as set forth in section 3517.102 of the
date, an amendment to the report disclosing the Revised Code.
contributions including the contributor’s identification Effective: 07/27/2006
together with the dates and amounts of the R.C. 119.032 review dates: 05/02/2006 and
contributions. 07/01/2011
Promulgated Under: 119.03
(E) In accordance with division (L) of section 3517.10
Statutory Authority: 3517.23
of the Revised Code, this rule does not apply to
Rule Amplifies: 3517.102
contributions received by a political contributing
Prior Effective Dates: 8/23/95 (Emer), 11/21/95,
entity from the dues, membership fees, or other
1/1/02
assessments of its members or from its officeholders,
shareholders, or employees to the extent that dues,
membership fees, or other assessments may be 111-1-09 Local candidate waiver of
aggregated for reporting purposes. reporting requirements.
R.C. 119.032 review dates: 05/30/2006 and
01/01/2011 The campaign committee of a candidate that files a
Promulgated Under: 119.03 “Local Candidate Waiver” in addition to a designation
Statutory Authority: 3517.23 of treasurer is not required to file any campaign
Rule Amplifies: 3517.20, 3599.031 finance reports pursuant to section 3517.10 of
Prior Effective Dates: 8/23/95 (Emer); 11/21/95; the Revised Code including any pre-election, post
7/13/98 (Emer); 9/24/98; 1/1/02 election or annual report.
for state board of education, and candidates for a labor organization, corporation or national bank,
township trustee and clerk may qualify to file a “Local but does not mean a labor organization, corporation,
Candidate Waiver” if all of the following apply: or national bank unless the labor organization,
The campaign committee will not accept during corporation, or national bank is a political
an election period more than two thousand dollars contributing entity.
of aggregate contributions; will not accept more
than one hundred dollars from any one individual Notwithstanding any part of this section, any
contributor; and will not make aggregate expenditures expenditure by a political party for the purpose of
during an election period greater than two thousand financing communications advocating the election
dollars. For purposes of this paragraph, “individual” or defeat of a candidate for judicial office shall be
does not include the candidate whose campaign deemed to be an independent expenditure.
committee has filed a “Local Candidate Waiver.”
A “communication advocating election or defeat”
If the campaign committee of a candidate that has means a communication that includes, but is not
filed a “Local Candidate Waiver” subsequently limited to, expressions such as “vote for,” “elect,”
accepts any contributions in excess of the amounts set “support,” “cast your ballot for,” or “vote against,”
out above or spends more than two thousand dollars, “defeat,” or “reject”.
the waiver is void and the candidate must report all
contributions and expenditures received or made “Clearly identified candidate” means that the name
from the time the candidacy petition was filed to the of the candidate appears, a photograph or drawing of
date when the excess amount was received or spent. the candidate appears, or the identity of the candidate
is otherwise apparent.
The waiver covers activity accruing through the
postgeneral reporting period of the year in which “Made with cooperation or with the prior consent
the waiver is filed. After that time, the campaign of, or with the consent of, or in consultation with,
committee must either terminate or begin filing the or at the request or suggestion of a candidate or any
statements required under section 3517.10 of the agent or authorized committee of the candidate”
Revised Code. means any arrangement, coordination, or direction
by the candidate or his or her agent prior to the
R.C. 119.032 review dates: 05/30/2006 and publication, distribution, display or broadcast of the
01/01/2011 communication. An expenditure will be presumed to
Promulgated Under: 119.03 be so made when it is:
Statutory Authority: 3517.23
Rule Amplifies: 3517.10 (A) Based on information about the candidate’s plans,
Prior Effective Dates: 7/13/98 (Emer); 9/24/98; 1/1/02 projects, or needs provided to the person making the
expenditure by the candidate or by the candidate’s
campaign committee or agent, with a view toward
111-3-02 Independent expenditures. having an expenditure made; or
Independent expenditure means an expenditure by a
(B) Made by or through any person who is or has
person for a communication advocating the election
been authorized to raise or expend funds, who is
or defeat of a clearly identified candidate or ballot
or has been an officer of the candidate’s committee
issue which is not made with the cooperation or with
or who is or has been, receiving any form of
the prior consent of or in consultation with, or at the
compensation or reimbursement from the candidate,
request or suggestion of, a candidate or any agent or
the candidate’s committee, or agent;
authorized committee of such candidate.
(C) Made by a political party in support of a
For purposes of this definition “person” means an
candidate, unless the expenditure is made by a
individual, partnership, committee, association, or
political party to conduct voter registration or voter
any organization or group of persons, including
education efforts.
a separate segregated fund, political contributing
entity or political action committee established by
“Made with cooperation or with prior consent of, or 111-3-03 Reporting independent
in consultation with or at the request or suggestion of” expenditures.
does not include providing to the expending person
upon request Ohio elections commission or secretary (A) Every person or entity who makes an independent
of state guidelines on independent expenditures. expenditure shall file a signed statement with
the secretary of state or the board of elections, as
“Agent” means any person who has actual oral or appropriate, on a form prescribed by the secretary of
written authority, either express or implied, to make state, which shall include:
or to authorize the making of expenditures on behalf
of a candidate, or means any person who has been (1) The reporting person’s or entity’s name and
placed in a position within the campaign organization street address;
where it would reasonably appear that in the ordinary
course of campaign-related activities he or she may (2) The name and street address of the person or
authorize expenditures. entity to whom the expenditure was made;
An expenditure not qualifying under this section (3) The amount, date, and purpose of each
as an independent expenditure shall be an in-kind expenditure;
contribution to the candidate.
(4) A statement that indicates whether such
The financing of the dissemination, distribution, or expenditure was in support of or in opposition
republication, in whole or in part, of any broadcast to a candidate, together with the candidate’s
or any written, graphic or other form of campaign name and office sought or in support of or
materials prepared by the candidate, the candidate’s opposition to any ballot issue together with the
campaign committee, or authorized agents thereof ballot issue number, whether it was a state or
shall be considered a contribution for the purpose of local issue, and if a local issue, the county or
contribution limits and reporting responsibilities by district it covered;
the person making the expenditure but shall not be
considered an expenditure by the candidate or the (5) A signed certification under penalty of election
candidate’s authorized committee unless made with falsification that such expenditure was not made
the cooperation or with the prior consent of, or in in cooperation, consultation or concert with, or
consultation with, or at the request or suggestion of, at the request or suggestion of any candidate,
a candidate or any authorized agent or committee ballot issue committee or any authorized
thereof. The value of an individual’s time in the committee or agent thereof.
door-to-door distribution or handing out of written
campaign materials by that individual is not a (B) Statements required to be filed under section
contribution or expenditure for purposes of this rule. 3517.105 of the Revised Code shall be filed:
No expenditure by an authorized committee of a (1) At the same time and place as the person or
candidate on behalf of that candidate shall qualify as entity files a statement required by section
an independent expenditure. 3517.10 of the Revised Code and as part of that
statement; or
R.C. 119.032 review dates: 12/26/2006
Promulgated Under: 119.03 (2) If no statement is required by section 3517.10
Statutory Authority: RC 3517.23 of the Revised Code, the individual, partnership,
Rule Amplifies: RC 3517.10, 3517.105, 3599.03 or other entity shall file with the secretary of
Prior Effective Dates: 9/6/74, 11/21/95, 7/13/98 state in the case of a statewide candidate or
(Emer.), 9/24/98, 1/1/02, 1/1/06 issue, or with the board of elections in the
county in which the affected candidate files the
candidate’s petitions or declaration of intent
to be a write-in candidate for nomination or
election for district or local office.
111-4-03 FSL corporate/labor PAC must file 111-4-04 Reports to be filed by FSL PACs.
statement of organization; Ohio corporate/
An FSL PAC that makes a contribution, expenditure
labor PAC must disclose sponsoring or independent expenditure in connection with
corporation. Ohio state or local elections shall file with the
secretary of state a copy of the relevant portions
(A) An FSL PAC must file with the Ohio secretary of each report that it files with the federal election
of state a copy of its most recent federal statement commission which reflect any disbursement made
of organization prior to making expenditures in for the purpose of influencing Ohio state and local
connection with Ohio state or local elections. elections regardless of amount. The relevant portions
Thereafter, a copy of any amended statement of of each such report shall include the summary page
organization must be filed at the same time it is filed that contains the total amount of expenditures,
with the federal election commission. No other form contributions or independent expenditures made in
of registration is required. connection with Ohio state and local elections, the
detailed summary page, and those pages of itemized
(B) An Ohio corporate/labor PAC must provide
contributions, expenditures and independent
the name of its sponsoring corporation or labor
expenditures made in connection with Ohio state or
organization on its “Designation of Treasurer” form
local elections. The copy of the relevant portions of
and on all finance reports filed pursuant to sections
any such report shall be filed with the secretary of
3517.10 and 3517.105 of the Revised Code.
state not later than the date the full report is required
(C) (1) An Ohio corporate/labor PAC formed by a to be filed with the federal election commission.
corporation must state on its “Designation
If during a federal reporting period, an FSL PAC made
of Treasurer” form the names of any other
disbursements related to both federal and state or
PACs, including FSL PACs, of its sponsoring
local elections in Ohio, it may file with the secretary
corporation, wholly owned subsidiaries of
of state a single copy of the portions of its report
its sponsoring corporation, and the parent
required to be filed under Ohio and federal law. If
organization of its sponsoring corporation,
an FSL PAC had no disbursements during a federal
which receive contributions or make
reporting period related to state or local elections in
expenditures in connection with Ohio state or
Ohio, then it is not required to file a copy of its report
local elections.
with the secretary of state.
(2) An Ohio corporate/labor PAC formed by a labor
An FSL PAC that makes a contribution or
organization must state on its “Designation of
contributions to a state or local PAC with which it is
Treasurer” form the names of any other PACs,
affiliated shall file a statement of Ohio contributors
including FSL PACs, of its sponsoring labor
with the secretary of state on or before the last
organization and the international, national,
business day of January of the year following the year
or state organization of its sponsoring labor
in which the contribution was made by the FSL PAC.
organization which receive contributions or
Such statement need only contain the name and
make expenditures in connection with Ohio
address of each contributor to the FSL PAC who is or
state or local elections.
was, at the time of making the contribution, a resident
R.C. 119.032 review dates: 12/22/2006 and of Ohio and, for each name listed, the aggregate total
12/23/2011 amount contributed by each contributor during the
Promulgated Under: 119.03 reporting period.
Statutory Authority: RC 3517.15
HISTORY: Eff 3-7-88; 8-23-95 (Emer.); 11-21-95;
Rule Amplifies: RC 3517.082
7-13-98 (Emer.); 9-24-98; 1-1-02
Prior Effective Dates: 3/7/88, 8/23/95(Emer.), 11/21/95
Rule promulgated under: RC 119.03
Rule authorized by: RC 3517.23
Rule amplifies: RC 3517.107
R.C. 119.032 Review Dates: JUL 01 2006
employee’s or labor organization member’s right party, are not administrative expenses under section
to attend the event is predicated on the employee 3517.082 of the Revised Code, and a corporation
or member contributing or having contributed or including a nonprofit corporation may not use its
agreeing to contribute to the PAC. An informational money or property for such activities. Such activities
meeting concerning the PAC is not a social event include, but are not limited to, the following:
for purposes of this rule, so long as any provision
of food and beverages at the event is insignificant (1) Nonmonetary (in-kind) contributions to Ohio
and merely incidental thereto. An Ohio corporate state or local candidates, political parties, and
PAC may charge employees or members to attend a legislative campaign funds;
social fund-raising event if the corporation’s money or
property is not used in connection with the event. (2) Independent expenditures to influence state or
local candidate elections other than ballot issue
(B) A corporation including a nonprofit corporation, elections;
may not pay for a thing of value, such as a prize or
gift, in exchange for a contribution to its Ohio PAC. (3) Receptions or other social events for state or
Lapel pins, plaques, certificates, coffee cups, T-shirts, local candidates, political parties, and legislative
caps and like items of insignificant cost evidencing campaign funds; and
contributor status in the PAC are not things of value
(4) Communications to stockholders, members,
for purposes of this rule. An Ohio corporate PAC
employees, directors, officers, or trustees of the
may pay for a prize, gift or other thing of value from
corporation regarding state or local candidates.
its political action committee or separate segregated
This provision does not include a regular
fund in exchange for a contribution to the fund.
communication to the PAC’s contributors,
R.C. 119.032 review dates: 05/30/2006 and reporting how PAC funds were spent, including
01/01/2011 the names of candidates and officeholders to
Promulgated Under: 119.03 whom contributions were made and the voting
Statutory Authority: 3517.23 record of such officeholders.
Rule Amplifies: 3599.03
Prior Effective Dates: 3/7/88, 8/23/95 (Emer), (C) An Ohio corporate PAC or FSL corporate PAC
11/21/95, 1/1/02 may conduct the activities specified in paragraphs
(B)(1), (B)(2), (B)(3), and (B)(4) of this rule if the PAC
pays all associated expenses from its political action
111-4-08 Solicitation of contributions committee or separate segregated fund established
for a particular candidate prohibited; under section 3517.082 of the Revised Code.
administrative expenses which may and may
(D) A corporation, nonprofit corporation, or labor
not be paid by a connected corporation.
organization may use its money and property for the
(A) A corporation, nonprofit corporation, or labor following activities of its Ohio PAC or FSL PAC in
organization may not solicit contributions to its connection with Ohio state or local elections, but
Ohio PAC or FSL PAC for a particular Ohio state or only if such activities are designed so as not to aid
local candidate or a political party. However, an any particular candidate or political party:
Ohio PAC or FSL PAC may permit their contributors
(1) Voter registration and get-out-the-vote activities;
to voluntarily earmark their contributions for any
particular candidate, political action committee, (2) Candidate debates and other functions at which
political contributing entity, legislative campaign candidates are permitted to address or meet
fund, or political party of their choice. voters, but only if each candidate for the same
office is offered the same opportunity to appear
(B) Except as provided in paragraph (D) of this rule,
and speak at such function. No effort may be
expenses associated with activities of an Ohio PAC
made at such functions to express support for
or FSL PAC, which aid Ohio state or local candidates,
any legislative campaign fund, or any political
(a) mail either as an individual piece or part of a (B) Division (H) of 3517.1011 does not preclude an
multi-piece package; individual, partnership or unincorporated association
from making, within the 30 days prior to a primary or (2) Making a charitable donation under division (G)
general election, an electioneering communication of section 3517.08 of the Revised Code.
so long as no corporation or labor organization has
contributed anything of value toward the making of (D) As used in this rule, the filing by the circulator or
the electioneering communication. committee in charge of an initiative or referendum
petition, or supplementary petition for additional
Effective: 01/01/2006
signatures, for the submission of a constitutional
R.C. 119.032 review dates: 01/01/2011
amendment, proposed law, section, or item of any
Promulgated Under: 119.03
law of the appointment of a treasurer as required by
Statutory Authority: 3517.23
division (A) of section 3517.12 of the Revised Code
Rule Amplifies: 3517.1011
and detailed in paragraph (E) of this rule, creates a
“Ballot Issue Political Action Committee.” A “ballot
111-4-11 Statewide ballot issue political issue political action committee” consists of all of the
action committees. following:
(A) As used in divisions (A) and (C) of section 3517.12 (1) The treasurer appointed pursuant to division (A)
of the Revised Code and this rule, “contribution” of section 3517.12 of the Revised Code, and;
shall mean a loan, gift, deposit, forgiveness of
(2) The circulator or committee member signing the
indebtedness, donation, advance, payment, or transfer
designation of treasurer appointing the treasurer,
of funds or anything of value, including a transfer
and;
of funds from an inter vivos or testamentary trust or
decedent’s estate, and the payment by any person (3) Any committee member engaged in the
other than the person to whom the services are creating, copying, distributing or circulating
rendered for the personal services of another person, the initiative or referendum petition, or
which contribution is made, received, or used for supplementary petition for additional
the purpose of influencing the results of an election. signatures, for the submission of a constitutional
All contributions shall be included on a statement of amendment, proposed law, section or item of
contributions filed under those divisions and this rule. any law.
(B) For the purpose of divisions (A) and (C) of (E) As required by division (A) of section 3517.12 of
section 3517.12 of the Revised Code and this rule, the Revised Code, prior to receiving a contribution or
“contribution” does not include any of the following: making an expenditure, the circulator or committee
in charge of an initiative or referendum petition, or
(1) Services provided without compensation by
supplementary petition for additional signatures,
individuals volunteering a portion or all of their
for the submission of a constitutional amendment,
time to the creating, copying, distributing or
proposed law, section, or item of any law shall
circulating of the issue petitions or the gathering
appoint a treasurer and shall file with the secretary
of petition signatures;
of state, on a form prescribed by the secretary of
(2) Ordinary home hospitality; state, a designation of that appointment, including
the full name and address of the treasurer and of the
(3) The personal expenses of a volunteer paid for by circulator or committee.
that volunteer.
(1) For the purpose of paragraph (E) of this rule, the
(C) As used in divisions (A) and (C) of section 3517.12 form used to appoint the treasurer and disclose
of the Revised Code and this rule, “expenditure” shall the full name and address of the treasurer and of
mean the disbursement or use of a contribution for the circulator or committee is the designation of
the purpose of: treasurer, form 30-D.
(1) Influencing the results of an election, or; (2) The circulator or committee filing form 30-D
shall indicate on the designation of treasurer
form that the filing is being made for or committee, legislative campaign fund or political
on behalf of a ballot issue political action action committee.
committee. The designation of treasurer
form, as prescribed by the secretary of state, (H) Pursuant to division (D)(2) of section 3517.102
shall include an area whereby a circulator or of the Revised Code, a ballot issue political action
committee may make this indication. committee is not subject to the limitations specified
in divisions (B)(1)(a)(vii), (B)(3)(d), (B)(4), and (C)(7) of
(F) As required by division (C) of section 3517.12 of section 3517.102 of the Revised Code.
the Revised Code, the designated treasurer of a ballot
issue political action committee shall file statements (I) Nothing in section 3517.12 of the Revised Code
of contributions and expenditures in accordance with or this rule restricts or limits the creation of a political
section 3517.10 of the Revised Code regarding all action committee that is organized to support or
contributions made or received and all expenditures oppose a certified ballot issue or a proposed ballot
made by that treasurer, the circulator, or committee in issue.
connection with the initiative or referendum petition
supplementary petition for additional signatures, (J) The filing and disclosure requirements of divisions
for the submission of a constitutional amendment, (A) and (C) of section 3517.12 of the Revised Code,
proposed law, section, or item of any law. as amplified by this rule, are separate and distinct
from the filing and disclosure requirements of division
(1) For the purpose of paragraph (F) of this rule, all (B) of section 3517.12 of the Revised Code.
forms used to compile the required statements
shall be those prescribed by the secretary of (K) As used in this rule, “influencing the results of an
state pursuant to division (C)(6) of section election” shall include creating, copying, distributing
3517.10 of the Revised Code. or circulating the initiative or referendum petition,
or supplementary petition for additional signatures,
(2) A ballot issue political action committee shall for the submission of a constitutional amendment,
file the statements required by division (A)(1) proposed law, section or item of any law.
and (A)(2) of section 3517.10 of the Revised Effective: 07/27/2006
Code if: R.C. 119.032 review dates: 07/01/2011
Promulgated Under: 119.03
(a) In the case of the pre-election statement
Statutory Authority: 3517.23
required by division (A)(1) of that section,
Rule Amplifies: 3517.12
the initiative, referendum or constitutional
amendment issue will appear on the election
ballot and if either contributions received 111-5-01 Payment of filing fee by candidate.
or expenditures made by the ballot issue
political action committee for the reporting The payment of any filing fee required by sections
period are more than one thousand dollars; 3513.10 and 3513.261 of the Revised Code by the
candidate from the candidate’s own funds shall not
(b) In the case of the post-election statement be considered an expenditure that requires the filing
required by division (A)(2) of that section, of a designation of appointment of a treasurer under
the initiative, referendum or constitutional section 3517.10 of the Revised Code.
amendment issue did appear on the election
ballot. If the candidate has filed a designation of
appointment of a treasurer under section 3517.10
(G) A ballot issue political action committee of the Revised Code, payment of the fee required by
formed pursuant to division (A) of section 3517.12 section 3513.10 or 3513.261 of the Revised Code
of the Revised Code and in compliance with this may be made by the candidate’s campaign committee
rule is created to support or oppose a ballot issue from the campaign fund.
or question and makes no contributions to or
expenditures on behalf of a political party, campaign
R.C. 119.032 review dates: 12/26/2006 Once a political action committee has filed an
Promulgated Under: 119.03 appointment of designation of treasurer pursuant
Statutory Authority: RC 3517.23 to Section 3517.10 of the Revised Code, any
Rule Amplifies: RC 3517.10 contribution received or expenditure made by the
Prior Effective Dates: 1/1/02 political action committee in connection with any
state or local election in Ohio shall be received
or made in accordance with Chapter 3517 of the
111-5-02 Contributions received for debt Revised Code.
retirement.
Any campaign committee, political action committee,
As used in section 3517.108 of the Revised Code, political contributing entity, legislative campaign
“unpaid debt” includes both unpaid debts and unpaid committee or political party that receives a
loans. Payments made toward unpaid debts or loans contribution from a political action committee prior
under section 3517.108 of the Revised Code shall to that political action committee filing a designation
be vouched for pursuant to section 3517.10 of the of appointment of treasurer under section 3517.10
Revised Code. of the Revised Code and this rule shall return the
contribution to the political action committee.
For purposes of section 3517.108 of the Revised
Code, a campaign committee may accept additional R.C. 119.032 review dates: 12/26/2006
contributions from an individual, political action Promulgated Under: 119.03
committee, political contributing entity, or other Statutory Authority: RC 3517.23
campaign committee when that individual, Rule Amplifies: RC 3517.10, 3517.107
committee, or entity has contributed less than Prior Effective Dates: 1/1/02, 1/1/06
the contribution limitations prescribed in section
3517.102 of the Revised Code or has made no 111-5-04 When campaign finance
contributions to that campaign committee during the
primary or general election period for which the debt
statements must be filed.
remains unpaid. Whether and when a campaign finance statement
R.C. 119.032 review dates: 12/26/2006 is required to be filed under section 3517.10 of the
Promulgated Under: 119.03 Revised Code depends upon whether the reporting
Statutory Authority: RC 3517.23 entity is a campaign committee, political action
Rule Amplifies: RC 3517.108 committee, political contributing entity, political
Prior Effective Dates: 1/1/02 party, or legislative campaign fund and the amount
and purpose of the reporting entity’s contribution and
expenditure activity. Except as otherwise provided in
111-5-03 Political action committee paragraph (C) of this rule, the criteria used for filing a
contributions. preelection statement under division (A)(1) of section
3517.10 of the Revised Code and a postelection
Any political action committee that is not registered statement under division (A)(2) of section 3517.10 of
under Section 3517.107 of the Revised Code shall the Revised Code apply to any primary, general, or
file a designation of appointment of treasurer prior special election.
to receiving contributions or making expenditures
for the purpose of influencing the results of a state or (A)(1) A campaign committee’s filing requirements are
local election in Ohio. A political action committee based upon when the committee’s candidate
not registered under Section 3517.107 of the Revised is on the ballot. The campaign committee of
Code and that is registered in a state other than Ohio a candidate who is not on the ballot during
may not use any contributions received prior to the a calendar year is not required to file the
filing of the appointment of designation of treasurer to statements under division (A)(1) of section
make expenditures to influence the results of a state 3517.10 or division (A)(2) of 3517.10 of the
or local election in Ohio. Revised Code for that year, regardless of
contributions received and expenditures made. under division (A)(3) of section 3517.10 of the
In this case, the campaign committee is required Revised Code. If the entity makes any other
to file the annual statement under division (A) contributions to or expenditures on behalf of
(3) of section 3517.10 of the Revised Code a political entity to influence the results of an
reflecting all contributions received and all election during that calendar year for which a
expenditures made that were not reflected in the statement is required to be filed under division
last statement required to be filed under section (A)(1), (A)(2), or (A)(3) of section 3517.10 of
3517.10 of the Revised Code through the last the Revised Code, then the entity shall file
day of December. whichever statement is required under those
divisions.
(2) During a year in which the candidate is on the
ballot, the preelection statement required by (2) If, from the last statement filed through the
division (A)(1) of section 3517.10 of the Revised twentieth day before the election, a political
Code is due when the campaign committee action committee, political contributing entity,
has received one thousand dollars or more in political party, or legislative campaign fund
contributions or has made expenditures of one made any expenditures to influence the results
thousand dollars or more, from the contributions of an election and received one thousand
and expenditures reflected in the last statement dollars or more in contributions or made one
required to be filed under section 3517.10 of thousand dollars or more in expenditures,
the Revised Code through the twentieth day then that political action committee, political
before the election. The postelection statement contributing entity, political party, or legislative
required by division (A)(2) of section 3517.10 campaign fund is required to file the preelection
of the Revised Code is due when the campaign statement required under division (A)(1) of
committee received any contributions or made section 3517.10 of the Revised Code.
any expenditures from the contributions and
expenditures reflected in the last statement (3) A political action committee, political
required to be filed under section 3517.10 contributing entity, political party, or
of the Revised Code through the seventh day legislative campaign fund is required to file the
before the postelection statement under division postelection statement under division (A)(2) of
(A)(2) of section 3517.10 of the Revised Code is section 3517.10 of the Revised Code when the
required to be filed. political action committee, political contributing
entity, political party, or legislative campaign
(B)(1) The filing requirements for political action fund made any contributions to or made any
committees, political contributing entities, expenditures on behalf of a candidate or the
political parties, and legislative campaign funds campaign committee of a candidate to influence
are based on whether the entity attempted to the results of that candidate’s nomination or
influence the results of an election. For the election to office from the date of reflection
purpose of determining when any of the entities of the contributions and expenditures made
described in the preceding sentence must file on the last statement that was required to be
a statement required under paragraph (B)(2), filed under section 3517.10 of the Revised
(B)(3), or (B)(4) of this rule, any contributions Code through the seventh day before the date
made to or expenditures made on behalf of the postelection report under division (A)(2) of
a candidate or the campaign committee of a section 3517.10 of the Revised Code is required
candidate during a calendar year when the to be filed.
candidate is not on a ballot is not considered to
be made to influence the results of an election (4) During a calendar year in which a political
held during that calendar year. If those are the action committee, political contributing entity,
only contributions or expenditures the entity political party or legislative campaign fund
makes during that calendar year, then the entity made no contributions or expenditures to
is required to file only the statement required influence the results of an election held during
that calendar year, the entity is not required to
file a preelection statement under division (A) to section 3513.02 of the Revised Code and for which
(1) of section 3517.10 of the Revised Code or a the candidate was issued the certificate.
postelection statement under division (A)(2) of
section 3517.10 of the Revised Code. The entity (F) A campaign committee may terminate pursuant
is required to file an annual statement under to section 3517.10 of the Revised Code if it has a
division (A)(3) of section 3517.10 of the Revised zero balance and no outstanding loans or debts.
Code reflecting contributions received and The termination statement may be made a part of an
expenditures made from date of reflection of the otherwise scheduled statement required to be filed
contributions and expenditures made on the last under section 3517.10 of the Revised Code, or may
statement that was required to be filed under be filed separately at any other time.
section 3517.10 of the Revised Code through
the last day of December of that calendar year. (G) The semiannual statement required by division
(A)(4) of section 3517.10 of the Revised Code is due
(C) Any campaign committee that filed a postgeneral to be filed by the last business day of July reflecting
election statement under division (A)(2) of section contributions received and expenditures made from
3517.10 of the Revised Code is not required to file an the last statement that was required to be filed under
annual statement for that year. section 3517.10 of the Revised Code through the
last day of June of that calendar year. A semiannual
(D)(1) As used in this paragraph, “active campaign statement is not required of any campaign committee,
committee” is any campaign committee that has political action committee, political contributing
a designation of appointment of a treasurer on entity, political party or legislative campaign fund
file with a board of elections or the secretary of if a post-primary election statement, as required by
state and has not filed a termination statement division (A)(2) of section 3517.10 of the Revised
pursuant to section 3517.10 of the Revised Code, was filed for that election year.
Code.
(1) No campaign committee of a candidate for the
(2) Any active campaign committee that did not file office of chief justice or justice of the supreme
a postgeneral election statement under division court, and no campaign committee of a
(A)(2) of section 3517.10 of the Revised Code candidate for the office of judge of any court in
is required to file an annual statement under this state, shall be required to file a semiannual
division (A)(3) of section 3517.10 of the Revised statement under division (A)(4) of section
Code. 3517.10 of the Revised Code.
(3) An active campaign committee that did (2) The campaign committee of a statewide
not receive any contributions or make any candidate and the campaign committee of a
expenditures during a calendar year must file candidate for county office are required to file
an annual statement under division (A)(3) of the semiannual statement under division (A)(4)
section 3517.10 of the Revised Code stating of section 3517.10 of the Revised Code for any
that it received no contributions and made year in which the candidate does not appear on
no expenditures during that calendar year. an election ballot.
A completed form 30-A, prescribed by the
secretary of state, showing the beginning and (3) Except as otherwise provided in this section,
ending balances and the total of any outstanding the campaign committee of a candidate
loans or debts satisfies this requirement. for any nonjudicial office is required to file
a semiannual statement if that campaign
(E) A candidate who receives a certificate of committee receives, during that period,
nomination pursuant to section 3513.02 of the contributions exceeding ten thousand dollars.
Revised Code is not required to file the statements
under division (A)(1) or (A)(2) of section 3517.10 of
the Revised Code in regard to the primary election
that would have been held but was not held pursuant
Effective: 07/27/2006 (A) The full name and address of each person,
R.C. 119.032 review dates: 05/02/2006 and political party, political contributing entity, campaign
07/01/2011 committee, legislative campaign fund or political
Promulgated Under: 119.03 action committee from whom contributions are
Statutory Authority: 3517.23 received and the registration number assigned to the
Rule Amplifies: 3517.10 political action committee;
Prior Effective Dates: 9/6/74 (Emer), 11/21/95, 1/1/02,
1/1/06 (B) The amount, month, day, and year of the
contribution;
election candidate or with its postgeneral election Columbus, Ohio 43215, from the secretary of state’s
statement in the case of other candidates. web site, www.state.oh.us/sos/, or from any county
board of elections.
(D) If a campaign committee of a successful candidate
at a primary election has filed a short form in Any individual or entity required to file campaign
accordance with this rule, then the first statement that finance statements under Chapter 3517. of the
committee files in regard to the general election shall Revised Code whose statement is filed with a board of
reflect all contributions received and all expenditures elections or with the secretary of state may reproduce
made during the preprimary and postprimary election the forms that are prescribed by the secretary of state
periods. or, with the prior written approval of the secretary
of state, may modify the forms prescribed by the
(E) A campaign committee of a candidate that secretary of state provided that the modified forms are
was unsuccessful in its effort to obtain its party’s only for the individual’s or entity’s own use.
nomination to office and that fails to terminate may
not file a short form statement for the postprimary R.C. 119.032 review dates: 12/26/2006
election statement required under division (A)(2) of Promulgated Under: 119.03
section 3517.10 of the Revised Code as provided in Statutory Authority: RC 3517.23
this rule, regardless of the amount of contributions Rule Amplifies: RC 3517.10, 3517.11
received and expenditures made. Instead such Prior Effective Dates: 8/23/95, 11/21/95, 7/13/98,
campaign committee must file the statements required 9/24/98, 1/1/02
by divisions (A)(1) and (A)(2) of section 3517.10 of the
Revised Code. 111-5-12 Deposit of receipts.
(F) A campaign committee of a candidate that was (A) As used in this rule, “committee” means a
unsuccessful in its effort to seek election to office campaign committee, political party, political action
and that fails to terminate may not file a short form committee, political contributing entity, legislative
statement as provided in this rule, regardless of the campaign fund, or ballot issue committee.
amount of contributions received and expenditures
made. Instead such campaign committee must file the (B) All contributions received by a committee shall
statements required by divisions (A)(1) and (A)(2) of be deposited in an account or accounts established
section 3517.10 of the Revised Code. by the committee within thirty days of receipt or
R.C. 119.032 review dates: 12/26/2006 shall be returned to the contributor without being
Promulgated Under: 119.03 deposited. The treasurer of the committee shall be
Statutory Authority: RC 3517.23 responsible for making such deposits or returns. A
Rule Amplifies: RC 3517.10 committee shall make all disbursements by check or
Prior Effective Dates: 8/23/95, 11/21/95, 7/13/98, similar draft drawn on an account at its designated
9/24/98, 1/1/02 campaign depository. Funds may be transferred from
the depository for investment purposes, but shall be
returned to the depository before such funds are used
111-5-11 Forms. to make expenditures.
Each statement filed with the office of the secretary The treasurer of the committee shall be responsible
of state or a county board of elections by the for examining all contributions received for evidence
campaign committee of a candidate or by a political of illegality and for ascertaining whether contributions
party, political contributing entity, political action received, when aggregated with other contributions
committee, ballot issue committee, individual, from the same contributor, exceed the contribution
or legislative campaign fund shall be filed on the limits of section 3517.102 of the Revised Code.
appropriate form prescribed by the secretary of state.
Contributions that present genuine questions as to
Forms may be obtained by writing to the Ohio whether they were made in excess of the allowable
Secretary of State, 180 East Broad Street, 15th floor, contribution limits or by corporations or foreign
nationals, or in the name of another, may be either deposited but shall be returned in their entirety to the
deposited in a campaign depository, or returned contributor within ten days of receipt.
in their entirety to the contributor. If any such
R.C. 119.032 review dates: 12/26/2006
contribution is deposited, the treasurer shall make
Promulgated Under: 119.03
his or her best efforts to determine the legality of
Statutory Authority: RC 3517.23
the contribution. No expenditures shall be made
Rule Amplifies: RC 3517.10, 3517.102
using such contributions unless the treasurer has
Prior Effective Dates: 8/23/95, 11/21/95, 7/13/98,
determined that the contribution was not made in
1/1/02
excess of the allowable contribution limits, or by a
corporation, foreign national, or made in the name of
another. 111-5-13 Checks combining contributions
with other payments.
The treasurer shall have been deemed to have made
his or her best efforts if he or she has made at least A contributor may not issue a single check to a
one written or oral request for evidence of the legality corporation or labor organization that represents
of the contribution. both a contribution to the corporation’s or labor
organization’s political action committee or separate
Such evidence includes, but is not limited to, a segregated fund and payment of dues or other fees.
written statement from the contributor explaining why Checks for contributions and checks for the payment
the contribution is legal, or a written statement by of dues or other fees must be issued separately.
the treasurer memorializing an oral communication
explaining why the contribution is legal. A contributor may issue a single check to an
association or other organization which is not a
If the contribution cannot be determined to be corporation or labor organization that represents
allowed under Ohio law, the treasurer shall refund both a contribution to the association’s or other
the entire contribution to the contributor within thirty organization’s political action committee and
days. payment of dues or other fees. The treasurer of the
association’s or other organization’s political action
If the treasurer, exercising his or her responsibilities,
committee that receives a portion of the proceeds
including best efforts in the case of questionable
of a single check issued for dues or other fees and a
contributions, determines that a contribution was not
contribution, shall maintain records of the amount
made illegally, such as in excess of the contribution
received as a contribution to ensure that individual
limits, or by a corporation, foreign national, or
contribution limits are not exceeded and other
made in the name of another, but later discovers
reporting requirements are met.
that it is illegal based on new evidence not available
at the time of receipt and deposit or best efforts Under a payroll deduction plan, an employer may
determination, the treasurer shall refund the entire not issue a single check on behalf of its employees
contribution to the contributor within ten days of which check represents a combined payment of
the date on which the illegality is discovered. If the contributions to a political action committee or
committee does not have sufficient funds to cover the separate segregated fund of a labor organization of
refund of the contribution at the time the illegality the employer’s employees or to a political action
is discovered, the committee shall first refund an committee or separate segregated fund of an
amount equal to the committee’s balance on hand association of which the employer is a member,
and shall refund the balance of the contribution from and dues or other fees to such labor organization
the next funds it receives. or association except when such check is issued to
an entity separate from the labor organization or
Contributions which on their face exceed the
association on behalf of one or more employees for
contribution limits set forth in section 3517.102 of the
purposes of distribution.
Revised Code and contributions which on their face
are from corporations or foreign nationals shall not be
R.C. 119.032 review dates: 12/26/2006 number of the committee issued by the secretary
Promulgated Under: 119.03 of state under section 3517.10 of the Revised
Statutory Authority: RC 3517.23 Code, if any, and the date of receipt and amount
Rule Amplifies: RC 3599.031 of the contributions.
Prior Effective Dates: 8/23/95, 3/29/96, 1/1/02
(B) An account shall be kept of all expenditures made
by or on behalf of a campaign committee, political
111-5-14 Accounting for contributions and action committee, ballot issue committee, political
expenditures. contributing entity, political party, or legislative
campaign fund. Such account shall consist of a record
The treasurer of a campaign committee, political of all of the following:
action committee, ballot issue committee, political
contributing entity, political party, or legislative (1) The name and address of every person or entity
campaign fund shall fulfill all record-keeping duties to whom any expenditure is made;
as set forth in this rule.
(2) The date, amount, and purpose of the
(A) Except as otherwise provided in paragraph (H) expenditure. As used in this paragraph,
of this rule, an account of contributions shall be “purpose” includes a brief statement or
kept, by any reasonable accounting procedure, of all description of why the expenditure is made.
contributions received by or on behalf of the entity,
regardless of the amount of the contribution received (C) In addition to the accounts that must be kept as
or the circumstances of where the contribution provided in this rule, each campaign committee,
was received. The account shall include the name political action committee, ballot issue committee,
and street address of the contributor, the date the political party, political contributing entity, or
contribution was received, the form in which the legislative campaign fund shall retain all records
contribution was received, and the amount of the related to its contribution and expenditure activity.
contribution. The account shall also include all of the These records shall include, but are not limited to, all
following: of the following:
(1) For contributions in excess of one hundred (1) Statements received from its campaign
dollars received by a campaign committee depository;
of a statewide candidate or candidate for the
office of member of the general assembly from (2) Canceled checks or authentic facsimiles thereof,
two or more employees through a system of except that disbursements by share draft or
payroll deduction, the name and street address check drawn on a credit union account shall
of each contributor, the date the contribution be documented by providing a carbon copy
was received, the name of the contributors’ of the share draft or check drawn on the credit
employer, and the name of the contributors’ union account along with a copy of the monthly
labor organization, if any; account statement showing that the share draft
or check was paid by the credit union;
(2) For contributions received by a campaign
committee of a statewide candidate or (3) For credit card transactions, the monthly billing
candidate for the office of member of the statement or customer receipt for each credit
general assembly from any person in excess card transaction.
of one hundred dollars, the name of the
(D) The requirement of section 3517.10 of the Revised
contributor’s employer or, if self-employed, the
Code that every expenditure in excess of twenty-five
contributor’s occupation;
dollars shall be vouched for, is satisfied by providing
(3) For contributions from a political action an original or photocopy of any of the following:
committee, the full name and street address of
the political action committee, the registration
(G) Except as otherwise provided in section 3517.108 (2) Giving the amount to individuals who made
of the Revised Code, contributions received by a contributions as a refund of all or part of their
candidate or by a candidate’s campaign committee in contribution;
a particular election period are deemed to have been
(3) Giving the amount to a corporation that is
made for the election period during which they were
exempt from federal income taxation under
received.
subsection 501(a) and described in subsection
(H) In accordance with division (L) of section 3517.10 502(c) of the Internal Revenue Code.
of the Revised Code, paragraph (A) of this rule does
No contributions from the multi-beneficiary campaign
not apply to contributions received by a political
committee shall be contributed or transferred into
contributing entity from the dues, membership
any candidate’s individual campaign committee.
fees, or other assessments of its members or from
This prohibition on a multi-beneficiary campaign
its officeholders, shareholders, or employees to
committee contributing or transferring contributions
the extent that dues, membership fees, or other
into any candidate’s individual campaign committee,
assessments may be aggregated for reporting
as prescribed in division (B)(3)(b) of section 3517.081
purposes.
of the Revised Code, applies only when the multi-
(I) Pursuant to division (B)(4) of section 3517.081 beneficiary campaign committee is in the process of
of the Revised Code, a candidate shall not become terminating in accordance with division (B)(3)(a) of
a beneficiary of a multi-beneficiary campaign section 3517.081 of the Revised Code and paragraph
committee without first terminating the candidate’s (J) of this rule.
(K) Pursuant to section 3517.081 of the Revised If no specific attribution is made, the treasurer
Code, each candidate shall have no more than one shall attribute the contribution equally among all
campaign committee. As prescribed by divisions (B) beneficiaries of the trust or estate.
(3) and (B)(4) of section 3517.081 of the Revised
Code and paragraphs (I) and (J) of this rule, no If a contribution is refunded to the contributor, the
candidate may have, in concurrent operation, treasurer of the reporting entity making the refund
campaign committees for which the candidate is shall report the refund on the statement covering the
both the sole beneficiary in the case of an individual reporting period in which the refund is made.
campaign committee and a beneficiary of a multi-
beneficiary campaign committee. If a contributor’s name is known to have changed
since an earlier contribution reported, the exact
Effective: 07/27/2006 name or address previously used shall be noted with
R.C. 119.032 review dates: 05/02/2006 and the first reported contribution from the contributor
07/01/2011 subsequent to the name change.
Promulgated Under: 119.03
Statutory Authority: 3517.23 HISTORY: Eff 8-23-95 (Emer.); 11-21-95; 1-1-02
Rule Amplifies: 3517.10, 3517.081, 3517.109 Rule promulgated under: RC 119.03
Prior Effective Dates: 8/23/95 (Emer), 11/21/95, Rule authorized by: RC 3517.23
7/13/98 (Emer), 9/24/98, 1/1/02, 1/1/06 Rule amplifies: RC 3517.08, 3517.10
Replaces former: 111-5-21
R.C. 119.032 Review Date: JUN 29 01 JUL 01 2006
111-5-15 Uniform reporting of
contributions. 111-5-16 Allocation of expenses between
If an itemized contribution is made by more than candidates.
one person in a single instrument, the treasurer of an
entity that is required to file statements under section Expenditures including in-kind contributions and
3517.10 of the Revised Code shall report the amount independent expenditures made on behalf of
to be attributed to each contributor as specified in the more than one clearly identified candidate shall
written instrument. be attributed to each such candidate according to
the benefit reasonably expected to be derived. For
Absent evidence to the contrary, any contribution example, in the case of a publication or broadcast
made from a joint checking account or by other communication, the attribution shall be determined
written instrument shall be reported as a contribution by the proportion of space or time devoted to each
by the person signing or endorsing the joint check or candidate as compared to the total space or time
other written instrument. devoted to all candidates.
unless these expenditures are made on behalf of a contribution limits in section 3517.102 of the Revised
clearly identified candidate and the expenditure can Code;
be directly attributed to that candidate.
(B) Report all contributions received in its name or for
Expenditures for educational campaign seminars, for its benefit on form 31-E;
training of campaign workers, and for registration
or get-out-the-vote drives of political parties or (C) Return any check or contribution made payable to
legislative campaign funds need not be attributed more than one participant.
to individual candidates unless these expenditures
are made on behalf of a clearly identified candidate, Expenses for a joint fund-raising activity shall be
and the expenditure can be directly attributed to that equally divided among all participants in the activity
candidate. and reported accordingly, unless agreed otherwise by
the participants.
R.C. 119.032 review dates: 12/26/2006
Promulgated Under: 119.03 R.C. 119.032 review dates: 12/26/2006
Statutory Authority: RC 3517.23 Promulgated Under: 119.03
Rule Amplifies: RC 3517.08, 3517.10, 3517.102 Statutory Authority: RC 3517.23
Prior Effective Dates: 8/23/95 (Emer.), 11/21/95, Rule Amplifies: RC 3517.10, 3517.102
1/1/02 Prior Effective Dates: 8/23/95, 11/21/95, 1/1/02
For purposes of preparing a campaign finance (A) The following articles are exempted from the
statement required by section 3517.10 of the Revised disclaimer or identification requirements of section
Code, items of other income such as investment 3517.20 of the Revised Code:
income, interest income, refunds received by the
(1) Badges or buttons;
reporting entity, uncashed checks, or the reporting
entity’s own insufficient funds checks that are (2) Balloons;
returned to the reporting entity shall be reported on
a form separate from an account of contributions (3) Cups and mugs;
and expenditures. Such items of other income are
presumed, unless shown otherwise, not to count (4) Combs;
toward the contribution limits set forth in section
3517.102 of the Revised Code. (5) Emery boards;
R.C. 119.032 review dates: 12/26/2006 (6) Key tags;
Promulgated Under: 119.03
Statutory Authority: RC 3517.23 (7) Lapel pins, charms, tie tacks, rings, and other
Rule Amplifies: RC 3517.10 items of jewelry;
Prior Effective Dates: 8/23/95 (Emer.), 1/1/02
(8) Letter openers;
(14) Tee shirts, caps, hats, and other articles of seven and one-half square inches, or more than three
clothing; inches in diameter.
password and electronic signature for that (D) All electioneering communication contribution
entity at the time the entity files a designation of and disbursement statements filed with the secretary
appointment of treasurer form (form 30-D) with of state pursuant to section 3517.1011 of the Revised
the secretary of state. Code shall be filed only using the on-line application
as described in (A)(1) of this rule.
(2) A person who files a Notice of Intent to Make
R.C. 119.032 review dates: 12/26/2006
Electioneering Communication Disbursements
Promulgated Under: 119.03
(form 31-EC) with the secretary of state pursuant
Statutory Authority: RC 3517.23
to section 3517.1011 of the Revised Code
Rule Amplifies: RC 3517.106
shall be automatically assigned a user name,
Prior Effective Dates: 1/1/02, 1/1/06
password and electronic signature at that time.
R.C. 119.032 review dates: 12/26/2006
Promulgated Under: 119.03 111-6-03 Provision of checks and receipts
Statutory Authority: RC 3517.23 when filing by electronic means of
Rule Amplifies: RC 3517.106 transmission.
Prior Effective Dates: 1/1/02, 1/1/06
(A)Any entity that files a statement by electronic
means of transmission pursuant to section 3517.10
111-6-02 Acknowledgement of statement or 3517.106 of the Revised Code shall also file on
filed by electronic means of transmission. paper a copy of the canceled checks or paid receipts
required by section 3517.10 of the Revised Code.
(A) Except as otherwise provided for in section (D)
of this rule, a statement filed by electronic means of (B)(1)Prior to January 1, 2003, a campaign committee
transmission pursuant to sections 3517.10, 3517.106, of a candidate for the office of member of the
3517.1011, 3517.1012 or 3517.1013 of the Revised general assembly that files a campaign finance
Code shall be filed by either of the following statement by electronic means of transmission
methods: with the secretary of state pursuant to section
3517.106 of the Revised Code shall also file
(1) An on-line application linked to the secretary of a paper copy of the statement at the board of
state’s home page on the world wide web; elections where the candidate is required to
file petitions or other papers for nomination
(2) An electronic mail message with a properly
or election. The paper copy shall be filed or
constructed and formatted data attachment sent
postmarked not later than the date the statement
to the secretary of state.
is required to be filed under section 3517.10 of
(B)(1) The secretary of state shall immediately the Revised Code.
acknowledge statements filed by the on-line
(2)Any campaign committee of a candidate for the
application by notifying the filer when the
office of member of the general assembly that
statement submitted is successfully processed.
files a campaign finance statement by electronic
(2) The secretary of state shall immediately means of transmission with the secretary of state
acknowledge statements filed by electronic mail shall, until January 1, 2003, submit on paper
message by sending to an e-mail address of the copies of canceled checks or paid receipts with
filing entity a notice when the date attachment the board of elections where the candidate
is successfully processed. is required to file petitions for nomination or
election to office. On and after January 1, 2003,
(C) The secretary of state’s method of preserving all any campaign committee of a candidate for the
statements filed by electronic means of transmission is office of member of the general assembly that
to store all such statements in a data base maintained files a campaign finance statement by electronic
by the secretary of state. means of transmission with the secretary of
state shall submit to the secretary of state paper
copies of canceled checks or paid receipts for (a) The campaign finance statement is
each statement with the secretary of state. accompanied by a fee not to exceed the
R.C. 119.032 review dates: 12/26/2006 actual data entry and data verification costs
Promulgated Under: 119.03 incurred by the secretary of state to convert
Statutory Authority: RC 3517.23 the information filed on paper to electronic
Rule Amplifies: RC 3517.10, 3517.106 format. The fee shall be determined using
Prior Effective Dates: 1/1/02 the formula set forth in this division, which
results in a fee that does not exceed the
secretary’s actual costs.
111-6-04 Hardship rule.
The number of entries on the report for
(A) As used in this rule, “eligible campaign contributions received shall be added to
committee” means either of the following: the number of entries on the report for
expenditures made.
(1) The campaign committee of a candidate for
statewide office that makes expenditures of (Entries for loans and debts shall not be
less than twenty-five thousand dollars during a included.) The resulting number shall be
reporting period under division (A) of section multiplied by the cost per keystroke required
3517.10 of the Revised Code; to enter the data from the report into the
secretary of state’s electronic filing system, as
(2) The campaign committee of a candidate for the determined by the secretary of state pursuant
office of member of the general assembly or to the contract with the secretary’s data
for the office of judge of a court of appeals that entry vendor. The resulting number shall be
would otherwise be required to file campaign multiplied by a number determined by the
finance statements by electronic means of secretary of state that is less than the average
transmission under division (E) or (F) of section number of keystrokes per entry required
3517.106 of the Revised Code. to enter and verify the data from the report
into the secretary’s electronic filing system
(B) An eligible campaign committee may file a pursuant to the contract with the secretary’s
campaign finance statement for a reporting period data entry vendor.
under division (A) of section 3517.10 of the Revised
Code by paper rather than by electronic means of (b) The current formula, which shall include
transmission if both of the following occur: an actual multiplier figure derived by the
secretary of state pursuant to paragraph (B)
(1) The candidate of the eligible campaign (2)(a) of this rule to enable a committee
committee that intends to file a campaign to perform the calculations necessary
finance statement by paper rather than by to determine its fee, shall appear on the
electronic means of transmission files with the electronic filing notice of hardship form (form
secretary of state a notice indicating that the 31-DD) prescribed by the secretary of state.
candidate’s campaign committee intends to file
by paper and stating that filing the statement (c) Whoever signs the campaign finance
by electronic means of transmission would statement shall indicate on the statement’s
constitute a hardship for the candidate or for the cover page, form 30-A prescribed by the
eligible campaign committee; secretary of state, both the total number of
contribution entries and the total number
(2) The following requirements shall be met of expenditure entries reported in that
in order to determine the fee structure for statement.
campaign committees filing the notice of
hardship. (C) An eligible campaign committee that files a
campaign finance statement on paper pursuant to
division (L) of section 3517.106 of the Revised Code
shall review the contribution and other information 111-7-01 Public notice of the adoption,
made available online by the secretary of state amendment, or rescission of rules.
with respect to that paper filing and shall notify the
secretary of state of any errors with respect to that (A) The manner of giving public notice of the
filing that appear in the data made available on the proposed adoption, amendment, or rescission of any
secretary of state’s web site. rule of the secretary of state under Chapter 119. of
the Revised Code shall consist of posting the notice
(D) Campaign finance statements filed on paper in the register of Ohio at least thirty days prior to such
pursuant to division (L) of section 3517.106 of the hearing.
Revised Code shall be filed by the filing deadlines
required under division (A) of section 3517.10 of the (B) The form of such notice shall consist of a
Revised Code. statement of the secretary of state’s intention to
consider adopting, amending, or rescinding a rule
(E) Any campaign committee that submits paper or set of rules, a synopsis of each proposed rule,
campaign finance statements, pursuant to division amendment, or rule to be rescinded or a general
(L) of section 3517.106 of the Revised Code, shall statement of the subject matter to which the proposed
comply with the following provisions, as applicable. rules relate, and the date, time, and place of the
hearing on the proposed action.
(1) The candidate of an eligible campaign
committee that intends to file a paper statement R.C. 119.032 review dates: 12/26/2006
pursuant to division (L) of section 3517.106 of Promulgated Under: 119.03
the Revised Code shall file a notice of hardship Statutory Authority: RC 119.037
for each campaign finance statement that the Rule Amplifies: RC 119.03
committee intends to file by paper. A notice of Prior Effective Dates: 1/24/77, 12/31/82, 01/01/06
hardship must be filed prior to the filing of the
campaign finance statement on paper in order
for a campaign committee to file on paper
pursuant to division (L) of section 3517.106 of
the Revised Code.