2010 Ohio Campaign Finance Handbook...donation, advance, payment, transfer of funds or transfer of...

Ohio Campaign Finance

Handbook

JENNIFER BRUNNER OHIO SECRETARY OF STATE

2010

SOS 0558 (09/2010)

This page intentionally left blank.

Dear Ohioans:

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 [email protected].

Sincerely,

Jennifer Brunner

Ohio Secretary of State

Table of Contents

CHAPTERS

DEFINITIONS ..................................................................................................................1-1

CANDIDATES ..................................................................................................................2-1

ADDITIONAL REQUIREMENTS FOR STATEWIDE AND GENERAL ASSEMBLY CANDIDATES ................................................................................3-1

LEGISLATIVE CAMPAIGN FUNDS ...................................................................................4-1

POLITICAL PARTY ACCOUNTS.......................................................................................5-1

POLITICAL ACTION COMMITTEES .................................................................................6-1

POLITICAL CONTRIBUTING ENTITIES ...........................................................................7-1

BALLOT ISSUE COMMITTEES .........................................................................................8-1

BUSINESSES AND LABOR ORGANIZATIONS ................................................................9-1

ELECTIONEERING COMMUNICATION ........................................................................10-1

ELECTRONIC FILING OF CAMPAIGN FINANCE REPORTS ...........................................11-1

DISCLAIMERS ...............................................................................................................12-1

DUTIES OF THE SECRETARY OF STATE AND COUNTY BOARDS OF ELECTIONS .......13-1

OHIO ELECTIONS COMMISSION ................................................................................14-1

OTHER RESOURCES .....................................................................................................15-1

TRANSITION FUNDS ....................................................................................................16-1

FREQUENTLY ASKED QUESTIONS ...............................................................................17-1

APPENDICES

FORMS AND INSTRUCTIONS ....................................................................................... A-1

OHIO REVISED CODE CAMPAIGN FINANCE LAWS ..................................................... B-1

CAMPAIGN FINANCE ADMINISTRATIVE RULES ........................................................... C-1

Chapter 1: Definitions

Ohio Campaign Finance Handbook

Ohio Secretary of State’s Office 1-3


DEFINITIONSIt 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.

Abbreviations used throughout book:

FEC Federal Election Commission FSL Federal, State and Local

LCF Legislative Campaign Fund OAC Ohio Administrative Code

OAG Ohio Attorney General OEC Ohio Elections Commission

PAC Political Action Committee PCE Political Contributing Entity

R.C. Revised Code

Auditing Authority

The secretary of state or the county board of elections, as appropriate.

The local county board of elections normally audits campaign committees of candidates for local office, local political action committees, local political contributing entities and those accounts of a local political party which are not filed electronically. Campaign committees of candidates for statewide and general assembly offices, statewide political action committees, statewide political contributing entities, statewide political parties and legislative campaign funds are audited by the secretary of state’s office. However, the secretary of state has the authority to investigate any campaign finance-related issue, whether it is at the local or state level.

Complaints of alleged violations of campaign finance law are filed with the OEC which has original jurisdiction to hear complaints, find violations, and impose penalties – see Chapter 14, Ohio Elections Commission.

Ballot Issue Political Action Committee

The circulator or committee in charge of an initiative or referendum petition for a statewide ballot issue that is established to receive contributions or make expenditures.

[R.C. 3517.12 (A) & (C); OAC 111-4-11]

A CANDIDATE’S CAMPAIGN COMMITTEE MAY BE IN

CONTINUOUS OPERATION FOR MANY YEARS. DURING THIS TIME

IF THE CANDIDATE RUNS FOR SEVERAL DIFFERENT OFFICES,

SOME CAMPAIGN FINANCE REPORTS MAY BE ON FILE WITH

THE LOCAL BOARD OF ELECTIONS WHILE OTHERS ARE AVAILABLE ONLINE AT THE SECRETARY OF STATE’S OFFICE. A CANDIDATE MAY HAVE ONLY ONE CAMPAIGN COMMITTEE IN OPERATION AT A TIME FOR ALL STATE AND LOCAL

OFFICES SOUGHT.


1-4 Ohio Secretary of State’s Office

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

A loan, gift, deposit, forgiveness of indebtedness, donation, advance, payment, transfer of funds or transfer of anything of value including a transfer of funds from an inter vivos or testamentary trust or a decedent’s estate that occurs for the purpose of influencing the results of an election.

A contribution does not include unreimbursed personal expenses of volunteers, ordinary home hospitality, or personal expenses paid for by a candidate from the candidate’s personal funds. A contribution is received when any candidate or any agent of a committee or other entity gains possession of it.

[R.C. 3517.01(B)(5), 3517.08]

Individuals under the age of seven years are prohibited from making any contribution.

[R.C. 3517.102 (B)(1)(c)]

IN ADDITION TO MONEY RECEIVED VIA CASH, CHECK, ETC., A CONTRIBUTION ALSO INCLUDES NON-MONETARY

THINGS OF VALUE SUCH AS FOOD & BEVERAGES

PROVIDED AT A FUNDRAISER OR POSTAGE GIVEN TO

COMPLETE A CAMPAIGN MAILING.

THESE NON-MONETARY TRANSACTIONS ARE “IN-KIND” CONTRIBUTIONS

AND ARE REQUIRED TO BE DISCLOSED IN CAMPAIGN

FINANCE REPORTS. SEE ALSO “IN-KIND CONTRIBUTION” 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 the item on which the disclaimer appears.

A 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 amount of expenditure activity are not required to include a disclaimer. Candidates are not considered individuals for purposes of the disclaimer requirement. 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; 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)]

SOME CAMPAIGN-RELATED ITEMS DO NOT REQUIRE A DISCLAIMER. BECAUSE OF THEIR SIZE, SHAPE OR MATERIAL, SOME ITEMS

HAVE BEEN AUTOMATICALLY EXEMPTED FROM THE

DISCLAIMER REQUIREMENT. EXAMPLES INCLUDE: PENCILS, MUGS, HATS, AND GOLF BALLS.

FOR A COMPLETE LISTING, PLEASE SEE OAC 111-5-19.



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)]

Legislative Campaign Fund

A fund that is established as an auxiliary of a state political party and that is associated with one of the caucuses of the General Assembly.

[R.C. 3517.01(B)(15)]

Loan

Money received and deposited into a committee’s bank account for which repayment is expected.

A loan is a contribution made by a guarantor to the extent that it remains unpaid. For campaign finance reporting purposes, a loan is considered a contribution and is therefore subject to contribution limits. A loan made by a bank or other lending institution is not considered a contribution.

[OAC 111-1-03, OEC Adv. 98ELC-03]



Multi-beneficiary Campaign Committee

A single campaign committee formed to represent multiple candidates.

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)]

Ohio Elections Commission

A body empowered to hear alleged violations of campaign finance law contained in R.C. 3517.08 - 3517.13, 3517.17, 3517.18, 3517.20 - 3517.22, 3599.03 and 3599.031 and to give advisory opinions concerning campaign finance law. Comprised of seven members, the commission has three Democrats, three Republicans and one member unaffiliated with a political party.

[R.C. 3517.152, 3517.153]

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.

Political Action Committee (PAC)

A combination of two or more persons, the primary or major purpose of which is to support or oppose any candidate, political party, or issue, or to influence the result of any election through express advocacy.

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.

OHIO ELECTIONS COMMISSION

21 W. BROAD ST. STE. 600 COLUMBUS, OH 43215

(614) 466-3205

WWW.ELC.OHIO.GOV



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:

Formed primarily for social purposes. »

Consists of 100 members or less. »

Has officers and periodic meetings. »

Maintains less than $2,500 in its treasury at all times. »

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)]

Political Contributing Entity

Any entity, including a corporation or labor organization, that may lawfully make contributions and expenditures to influence the outcome of an election.

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




CANDIDATES

What to Do First

Before receiving any contribution or making any expenditure, a potential candidate must file a Designation of Treasurer (Form 30-D). This is considered a “registration” form and includes basic information such as the candidate’s name and address, the campaign committee’s name, the office sought and the name of the treasurer and any deputy treasurers. The candidate must either designate himself or another person as the campaign committee treasurer. The candidate must, and the treasurer should, sign the Designation of Treasurer form. Candidates are responsible to update/amend this information as necessary (e.g., change 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]

Campaign contributions may not be placed in a candidate’s personal or business account.

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.

The need to file a Designation of

Treasurer and create a campaign committee

may occur well before the candidate

begins circulating petitions.



Where to File Reports

The office for which the candidate is running determines where campaign finance reports are filed. Candidates running for governor/lieutenant governor, attorney general, secretary of state, treasurer of state, auditor of state, supreme court justice or state board of education member must file their campaign committee reports with the secretary of state’s office.

[R.C.3517.11, 3513.259]

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]

When to File Reports

Campaign committee reports are due based on when the candidate’s name appears on the ballot.

For example, if the name of the candidate does not appear on a ballot, no pre- or post-election report is required.

[R.C. 3517.10(A)]

All reports must be physically received at the secretary of state or county board of elections office to meet the filing deadline requirement. A report postmarked but not received by the deadline is a late filing and must be referred to the Ohio Elections Commission.



A pre-election report is due by 4:00 p.m. on the 12th day before an election (primary, general or special) if $1,000 or more was spent or received between the time the last report was filed and the 20th day before the election, if the candidate appears on the ballot at that election. The $1,000 threshold includes monetary and in-kind contributions along with the value of any new loans received during the reporting period.

[R.C. 3517.10(A)(1)]

Examples:

The campaign committee of a candidate who will appear on the ballot has raised $800 in contributions and has made $300 in expenditures during the pre-election filing period. This committee is not required to file a pre-election report.

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.

Exceptions and exclusions:

A semiannual report is not required if the campaign committee was required to file a post- »primary election report in that year (because the candidate’s name appeared on the ballot).

Campaign committees of candidates for judicial office are not required to file a semiannual »report in any year.

The campaign committee of a candidate for any non-statewide, non-county or non-judicial »office (e. g. mayor, city council, township trustee, etc.) is not required to file a semiannual report unless that campaign committee both:

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]

A campaign committee may choose to file a pre-election report even if total contributions and expenditures are below the $1,000

threshold.



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.

Local Candidate Waiver of Reporting Requirements

A candidate’s campaign committee may be exempt from the requirement to file campaign finance reports during an election year (except for the Designation of Treasurer form) if the candidate is running for:

An elected municipal office that pays an annual amount 1. of compensation of $5,000 or less.

A board of education office , except for state board of 2. education office.

An educational service center office, except for state 3. board of education office.

A township trustee or township fiscal officer office. 4.

In order to qualify for the Local Candidate Waiver form, the campaign committee of a candidate seeking election to the office listed above must file a certificate within 10 days

after filing a candidacy petition. This certificate is prescribed as form No. 31-BB, Local Candidate Waiver, which requires the treasurer to agree that the campaign committee will not accept more than $2,000 of aggregate contributions during an election period and no more than $100 from any one individual and that the committee will not make expenditures that total more than $2,000. If the campaign committee exceeds any of those limitations, the certificate is void and the campaign committee is thereafter responsible for filing all required reports including all activity occurring since the candidacy petition was filed. The $100 per individual contribution restriction does not apply to contributions made from the personal funds of the candidate.

[OAC 111-1-09]

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.

Short Form Report

If a candidate has no activity before January 1 of the year in which he or she appears on the ballot, and spends $500 or less and receives $500 or less in the year he or she appears on the ballot, then only the cover page of a campaign finance report is required to be filed. If all of these criteria are met, the candidate may file a Short Form Report composed of only an Ohio Campaign Finance Report Cover Page (form 30-A) at either the post-primary or post-general filing deadline.

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)]

State and County Central Committee

For the purpose of compliance with Ohio’s campaign finance disclosure law, “candidate” does not apply to candidates for election to the offices of member of a county or state central committee, presidential elector, and delegate to a national convention or conference of a political party.

[R.C. 3517.01 (B)(3)]



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

Treasurer Duties and Liability

Generally, the candidate, treasurer, and any appointed deputy treasurer are legally responsible for campaign finance reporting requirements. The treasurer is appointed by the candidate and is responsible for keeping detailed records of everything received, given or expended. A treasurer may appoint one or more deputy treasurers to assist in the accounting, record-keeping and disclosure responsibilities. Each report must contain a statement that the report is complete and accurate, subject to the penalty for election falsification. Whoever commits election falsification is guilty of a fifth degree felony. The cover page of every report filed must be signed by the treasurer or a deputy treasurer. The candidate’s signature is not sufficient unless he or she is the treasurer or deputy treasurer. A treasurer or the candidate, if no treasurer is appointed, must retain accurate records of all activity for six years.

[R.C. 3517.081, 3517.10(A) and (D), 3517.13(O)-(R), 3517.992(A), 3599.36; OAC 111-5-12, 111-5-14]



Federal Candidates

Federal law governs campaign finance in federal elections. However, to the extent Ohio campaign practices are not preempted by federal law, Ohio law may apply to federal candidates. Such determination must be made on a case-by-case basis. Questions regarding federal law may be answered by the Federal Election Commission.

[R.C. 3513.261, 3517.107]

Filing Fee Only Candidate

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]

Judicial Candidates/Canon 4 of the Code of Judicial Conduct

Judicial candidates are subject to Ohio campaign finance law. However, the Ohio Supreme Court has also issued special rules for judicial candidates under Canon 4 of the Code of Judicial Conduct, including special contribution limits and expenditure limits. For more information on judicial candidate requirements, please visit the Ohio Supreme Court’s Web site: www.supremecourt.ohio.gov/Judiciary/candidates

Multi-beneficiary Campaign Committee

This statutory provision provides express permission for the creation and operation of a single campaign committee to represent multiple candidates. All of the following criteria must be met when creating a multi-beneficiary committee:

Each candidate seeks the same office at the same election and the office is a member of 1. a board or commission or other similar body of elected officials with multiple members (example: two candidates running for four open school board seats).

The number of candidates in the multi-beneficiary committee does not exceed the number of 2. open positions.

If a federal candidate’s political committee wants

to make contributions to Ohio non-federal

candidates, it must first become authorized in

Ohio by filing, with the secretary of state, a

copy of the most recent federal Statement of

Organization.



The candidates jointly designate one of the candidates or one member of the campaign 3. committee as the treasurer of that campaign committee and file a combined Designation of Treasurer form.

The following, additional conditions are placed on a multi-beneficiary campaign committee:

The candidates jointly file all reports.1.

The multi-beneficiary committee must terminate if:2.

The candidates disagree on the appointment or removal of the treasurer.a.

Any of the candidates withdraw or otherwise end their candidacy.b.

Any of the candidates leave to create their own campaign committee.c.

Prior to the termination, the multi-beneficiary campaign committee must dispose of its balance on hand by doing any of the following:

Giving the amount to the Ohio Elections Commission fund.1.

Giving the amount to individuals who made contributions as a refund of all or part of their 2. contribution.

Giving the amount to a tax-exempt organization.3.

No monies in a multi-beneficiary campaign committee may be contributed or transferred into any candidate’s individual campaign committee.

[R.C. 3517.081]

Naming a Campaign Committee

A campaign committee must include at least the last name of the candidate. If a campaign committee is established as a multi-beneficiary campaign committee, the last name of each benefiting candidate must be included in the name of the campaign committee.

[R.C. 3517.10(D); OAC 111-1-04]

When considering a name for the campaign committee, it may be prudent to make it general in nature rather than office-specific. For example: Friends of John Doe rather than Doe for Council. If candidate Doe

runs for a different office, all of the committee bank account information and assets with a disclaimer

will need to be corrected.



One Campaign Committee per Candidate

A candidate may have only one campaign committee, regardless of the number of state and/or local offices held or sought by that candidate. Candidates benefiting from a multi-beneficiary campaign committee may not have a separate campaign committee. This single committee restriction does not prevent a local or statewide candidate from also having a federal political committee in concurrent operation for the purpose of seeking election to a federal office. [R.C. 3517.081, 3517.10(J)]

Personal Financial Disclosure Statement

A copy of the Personal Financial Disclosure Statement form should be provided by the office where petitions are filed when a candidate file his/her petitions. The form must be filed with the appropriate ethics commission, which is either the Ohio Ethics Commission, the Joint Legislative Ethics Commission, or the Board of Commissioners on Grievances and Discipline of the Ohio Supreme Court. [R.C. 102.01-102.04, 102.09, 102.99] For more information on ethics filing requirements, please visit the Ohio Ethics Commission’s Web site: www.ethics.ohio.gov

Political Communications and Disclaimers

Please see chapter 12, Disclaimers, for complete details related to political communications issued by candidate campaign committees.

CONTRIBUTIONSGenerally 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)]



Cash Contribution Limits

A contributor, including the candidate, may not give more than $100 per election in cash. Cash includes only currency or coin. In the event a contribution exceeds this amount, the recipient should issue a refund of the amount over the $100 limit. The full amount of the contribution received and deposited must be disclosed on the appropriate campaign finance report form(s) as well as the offsetting refund expenditure issued.

[R.C. 3517.13(F); OAC 111-5-06]

Contributions from Minor Children

Individuals under the age of seven are prohibited from making any political contribution.

[R.C. 3517.102 (B)(1)(c)]

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]



Contributions by Candidates to Their Committees

Candidates may donate items or money to their own campaign committees. If items are donated, such as when a candidate purchases a sign or stamps for the benefit of the campaign committee and does not expect reimbursement, then the contributions should be reported as in-kind contributions received by the campaign committee from the candidate. Although there is no contribution limit on the amount of in-kind contributions a candidate may make to his or her campaign committee, it is important to note that in-kind amounts do count toward the $1,000 threshold for determination of whether a pre-election report is required to be filed. In-kind contributions are disclosed on form 31-J-1, In-Kind Contributions Received.

[R.C. 3517.01]

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.

Contributions of money to the campaign committee by the candidate must be reported. If a candidate deposits money to the campaign committee bank account and expects to be repaid in a later reporting period, then the money must be reported as a loan when first received. This information is disclosed on form 31-C, Statement of Loans Received. As long as a loan or debt remains outstanding, each report filed by the campaign committee must disclose the obligation until it is paid or forgiven.

[R.C. 3517.13(O); OAC 111-1-03]

Corporate \ Professional Association Contributions

Corporations are prohibited from directly or indirectly supporting or opposing any candidate. This prohibition applies to the provision of corporate funds or property to a candidate or campaign committee. The use of a corporate logo on an endorsement or solicitation letter is also a prohibited corporate contribution.

[R.C. 3599.03; OEC Adv. 97ELC-05]

Corporations are permitted to communicate information about candidates so long as the communication is sent to the shareholders, employees, directors or officers of the corporation or to the immediate families of those individuals. Such communication may be made by mail, e-mail, reports, memoranda or other method of direct communication. The posting or permitted posting of campaign literature is permitted by a corporation so long as the literature is placed in an area generally accessible only to the employees, shareholders, directors or officers of the corporation.

[R.C. 3599.03 (F)(3); OAC 111-4-09]



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.

Public Employee Solicitations \ Contributions

Statewide and state legislative elected officials and candidates may not solicit nor accept a contribution 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.

[R.C. 3517.092]



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]

Unbid Government Contracts - Contractor Contribution Limits

Individual / Partnership / Unincorporated Business / Association

Unbid contracts of more than $500 may not be awarded to an individual, partnership or other unincorporated business, association, including a professional association, if the individual or the individual’s spouse or any partner, shareholder, administrator, executor, or trustee or the spouse of any of them has made as an individual, within the two previous calendar years one or more contributions totaling more than $1,000 to the holder of a public office having ultimate responsibility of the award of the contract or to the public officer’s campaign committee.

[R.C. 3517.13 (I)]

Corporation / Business Trust

Unbid contracts of more than $500 may not be awarded to a corporation or business trust if an owner of more than 20% or their spouse has made, as an individual, within the two previous calendar years one or more contributions totaling more than $1,000 to the holder of a public office having ultimate responsibility of the award of the contract or to the public officer’s campaign committee.

[R.C. 3517.13 (J)]

A contract is not considered to be unbid if it is awarded after action of the Ohio Controlling Board.

[R.C. 3517.13 (M)(2)]



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]

Income Tax Credit

Contributions of money made to the campaign committee of a candidate for any of the following public offices:

governor and lieutenant governor »

secretary of state »

auditor of state »

treasurer of state »

attorney general »

member of the state board of education »

chief justice of the supreme court »

justice of the supreme court »

member of the general assembly (house or state senate) »

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:

OHIO DEPARTMENT OF TAXATION P.O. BOX 530 COLUMBUS, OHIO 43216-0530 (800) 282-1780

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)]

An in-kind contribution is considered a campaign contribution and should be reported as such on the appropriate contribution form(s).

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]

Labor Organization Contributions

A candidate’s campaign committee may accept contributions from a PAC sponsored by a labor organization or from a labor organization’s political contributing entity (PCE).

[R.C. 3517.01(B)(21), 3517.082]



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]



Deposit of Contributions and Other Income

All contributions and other monetary income must be deposited in the candidate’s campaign committee account within 30 days of receipt or returned to the donor without having been deposited. A contribution that is clearly illegal must be returned and not deposited. A contribution that appears to be legal (i.e., not from a foreign national, corporation or in excess of contribution limits) may be deposited and used by the committee. 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 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.

Permissible Campaign Expenses

The use of campaign funds for personal or business expense purposes is prohibited. All expenditures made by a campaign committee must be for influencing the result of an election, a campaign expense, the candidate’s duties of public office, or making a charitable contribution. No beneficiary, i.e. the candidate, of a campaign fund shall convert campaign funds for personal use, except as reimbursement for:

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: »

Engaged in activities to support or oppose another candidate, political party, or issue. »

Raising funds for, or participating in activities of, a political party or other political »committee.

Attending a political party convention or meeting. »



These terms have been defined by the Ohio Elections Commission as follows:

Legitimate Conforming to recognized principles or accepted rules and standards.

Verifiable Able to be proven true, confirmed or authenticated.

Ordinary Taking place according to customary occurrences or procedures.

Necessary Appropriate and helpful to accomplishing a particular end.

In addition, the Ohio Elections Commission has made clear that these expenses must be reasonable in cost and form.

[OEC Adv. 87ELC-4]

Greeting cards to a candidate’s staff and campaign contributors, holiday parties for a candidate’s staff, a candidate’s inauguration party, 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 campaign expenses.

The Ohio Elections Commission has also advised that campaign expenditures for legal fees are permissible when the fees are associated with furthering the candidate’s campaign committee or in carrying out the proper duties of a public office holder.

[OEC Adv’s. 87ELC-9, 87ELC-15, 88ELC-1, 90ELC-4, 96ELC-06, 96ELC-08, 2000ELC-05, 2006ELC-01]

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

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. In addition, the secretary of state or the county board of elections may request a log for certain items, such as mileage reimbursements, so that the expenditure and its appropriateness may be verified. If canceled checks are not returned or provided by the banking institution of the committee, a copy or printout of the campaign committee’s bank statements will suffice for

The three primary pieces of

data needed to meet the expenditure verification are:

Name of payee »Date of expenditure »Amount of expenditure »



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]

Reimbursement of Campaign Expenses

The candidate and employees or volunteers of a campaign committee may be reimbursed by the campaign committee for permissible campaign expenses they incur, so long as the expense is permissible and not otherwise prohibited by law. The campaign may not advance funds in any form (e.g. cash or check) to a candidate, employee or volunteer; the expense must be incurred prior to reimbursement. The treasurer must obtain receipts for all reimbursements issued in order to verify the legitimacy of each campaign expense. Reimbursements for items or services purchased on behalf of the committee that are not reimbursed during the reporting period must be reported as outstanding debt. The secretary of state or the county board of elections may request a log (e.g. for mileage reimbursement) or receipts for reimbursements so that the expenditure and its appropriateness may be verified.

[R.C. 3517.13(O)]

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.

Corrections and Amendments

When a correction is necessary or additional information is obtained by the committee or required by the auditing authority relating to a report that has already been filed, an amended report must be filed. Amendments filed on paper consist of only corrections to previously submitted information or additional information. The amendment should include either a report cover page or a cover letter clearly indicating the name of the committee that is filing and what report is being amended. Amendments filed electronically consist of all report data – that which was originally filed and new or modified records.

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]



Expenses Not Required to Be Reported

There are some financial transactions which are not considered either a contribution to or an expenditure by or on behalf of the candidate campaign committee. These include the personal expenses of a candidate for which reimbursement is not requested or made do not need to be reported. Also, the unreimbursed personal expenses of unpaid volunteers and ordinary home hospitality need not be reported.

[R.C. 3517.01(B)(5), 3517.08(A)]

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

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)]

The trend in banking practices is moving away

from mailing a paper copy of statements and other

account information. Treasurers should

download and save bank statements and/or copies

(images) of canceled checks each month just in case the financial institution only provides online access to these items for brief or limited periods of time.



Closing the Committee

A committee 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)]

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



Chapter 3: Additional Requirements for Candidates

ADDITIONAL REQUIREMENTS FOR STATEWIDE AND GENERAL ASSEMBLY CANDIDATES

(Statewide and general assembly candidates should use the information in this chapter in conjunction with Chapter 2.)

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:

January 1 of the year following a general election at which that specific office was up for 1. election.

January 1 of the year following a general election at which the person last ran as a candidate 2. for any office.

The first day of the month following a primary election at which the person last ran as a 3. 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]

Contribution Limit Adjustment

The secretary of state must adjust statutory contribution limits that apply to statewide and general assembly candidates in January of each odd-numbered year. The adjustment is based on the yearly average increase or decrease of the previous two years in the Consumer Price Index for All Urban Consumers or its successive equivalent, as determined by the U.S. Department of Labor, Bureau of Labor Statistics. The adjustment calculations made by the secretary of state are certified by the auditor of state and become effective on or before February 25th of that year. The certified calculations and an updated contribution limit chart are available at the secretary of state’s Web site.

[R.C. 3517.104]

Designated State Campaign Committees

This term is used to define a special type of relationship between specific political entities that are making or receiving contributions to and from other specific political entities. A “designated state campaign committee” means:

In the case of contributions to or from a state political party: a campaign committee of a »statewide candidate, statewide officeholder, senate candidate, house candidate or member of the general assembly.



In the case of contributions to or from a county political party: a campaign committee of »a statewide candidate, statewide officeholder, senate candidate or house 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.

In the case of contributions to or from a legislative campaign fund: a campaign committee »of any senate or house candidate who, if elected, will be a member of the same party that established the legislative campaign fund and the same chamber (e.g. House or Senate) with which the legislative campaign fund is associated, or a state senator or state representative who is a member of the same party that established the legislative campaign fund and the same chamber with which the legislative campaign fund is associated.

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 of an individual contributor’s current employer or, if self-employed, his or her occupation and the name of the individual’s business, if the individual makes a contribution of more than $100. If a campaign committee does not receive the information when the contribution is received, it must make its best effort to obtain this information.

[R.C. 3517.10(B)(4)(b)(ii), 3517.10(E)(2)]

The campaign committee of a statewide or legislative candidate that receives contributions that aggregate more than $100 and are made through employee wage 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]

When applicable, the statute requires

the information in the following order:

Employer1.

IF self-employed2.

Occupationa.

Name of businessb.



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)]

Persons Doing Business

State elected officials or members of the general assembly are required to separately report the names and addresses of each person doing business with an elected officer in his or her official capacity who makes a contribution to the officer’s campaign committee, and the existence of any contract. A person doing business is one who enters into one or more contracts for goods or services with a state elected officer or member of the general assembly in his or her official capacity or anyone authorized to enter into contracts on behalf of the officer to receive goods or services if the payments total, in the aggregate, more than $5,000 during a calendar year. Such contributions should be reported on form 31-T, Contributors Doing Business with State Elected Officers.

[R.C. 3517.10(B)(4)(f)]

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)]

State Income Tax Credit

Ohio law allows a state income tax credit for monetary contributions made to the campaign committee of a candidate for statewide office or member of the general assembly up to an annual limit of $50 for single filers and $100 for joint filers.

[R.C. 5747.29]



Contributions of money made to the campaign committee of a candidate for any of the following public offices are eligible for credit:

governor and lieutenant governor »

secretary of state »

auditor of state »

treasurer of state »

attorney general »

member of the state board of education »

chief justice of the supreme court »

justice of the supreme court »

member of the general assembly (house or state senate) »

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:

OHIO DEPARTMENT OF TAXATION P.O. BOX 530 COLUMBUS, OHIO 43216-0530 (800) 282-1780

Tax deductibility of federal contributions is under the jurisdiction of the Internal Revenue Service.

Unpaid Debts/Debt Retirement

If a campaign committee has any outstanding loans owed or other unpaid debt at the end of a primary or general election period, then the committee may accept additional contributions in the election period immediately following, as long as the total received from each contributor, when added to the contributions received from that contributor in the period when the debt was incurred, does not exceed the contribution limitation applicable to the contributor during the period when the debt was incurred. A contributor who did not make any contributions to the campaign committee during the period when the debt was incurred may make contributions for debt retirement up to the applicable limit for the prior contribution limit period.



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:

The additional money is deposited into an account separate from the campaign committee’s 1. regular account.

The additional money is used only to reduce or pay off previously incurred and reported 2. debt.

Debt reduction fund-raising ceases once the debt is eliminated. 3.

The additional money is raised in the period immediately following the election period in 4. which unpaid debt was accrued.

Any excess money is given back to the contributors or to a 501(c) charity.5.

The committee separately reports all of the additional contributions for debt reduction 6. 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]

DECLARATION OF FILING-DAY FINANCES / PERMISSIVE FUNDS REPORTSWhen a person files petitions to run for an office subject to contribution limits, the statute requires that person’s campaign committee to review its accounts and contribution history and dispose of any excess funds or excess aggregate contributions. For example, if a current city mayor – an office not subject to state contribution limits – decides to run for state representative – an office to which state contribution limits apply – the mechanics of section 3517.109 of the Revised Code may require the mayor’s campaign committee to dispose of a portion of its balance on hand prior to submitting nominating petitions or a declaration of candidacy.

What Must Be Filed

During a year in which its candidate is on the ballot, the campaign committee of a candidate for statewide office or member of the general assembly must file one or two special reports required by R.C. 3517.109 regarding permissive or excess funds. Candidates for Ohio Supreme Court justice or chief justice are not required to file these reports.

Who Must File

Campaign committees of candidates who file nominating petitions or a declaration of candidacy for statewide office or member of the general assembly are subject to the filing requirements of the Declaration of Filing-Day Finances and Permissive Funds Reports in R.C. 3517.109. The definition of “state office” includes State Board of Education, but does not include Ohio Supreme Court.

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)]

Declaration of Filing-Day Finances

Every campaign committee of candidates for statewide office or member of the general assembly must file either form 31-W, Declaration of Filing-Day Finances, or form 31-AA, Waiver of Declaration of Filing-Day Finances, no later than seven days following the declaration of candidacy or nominating petition filing deadline.

Waiver

A committee may qualify to file the Waiver of Declaration of Filing-Day Finances if the following two conditions are met:

The campaign committee did not accept any contributions during the pre-filing period in 1. excess of the contributions limits in R.C. 3517.102.

The campaign committee had a cash-on-hand balance less than the carry-in amount at the 2. beginning of the pre-filing period for the office being sought.

Office Carry-In Amount

House or State Board of Education $35,000 Senate $100,000 Statewide $200,000

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)]

Permissive Funds Report

The campaign committee of a candidate for statewide office or member of the general assembly that has “excess funds” must file form 31-W, Permissive Funds Report, no later than seven days following the declaration of candidacy or nominating petition filing deadline.

[R.C. 3517.109(E)]



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)]

Campaign Assets Included in Calculation of Excess Funds

Campaign assets are prepaid, purchased or donated items or services that are available for use by the campaign committee. For the purpose of these reports, campaign assets must have a value greater than $500 and must be consumed or depleted during the campaign. Examples include prepaid media time, postage or prepaid consulting or advertising services.

[R.C. 3517.109(A)(12) & 3517.109 (F)(2)(b)]

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)]



Disposing of Excess Funds

The campaign committee of a candidate for statewide office or member of the general assembly that has excess funds must dispose of the excess amount by the declaration of candidacy or nominating petition-filing deadline. Any candidate whose campaign committee fails to dispose of the excess amount is prohibited from appearing on the ballot.

The campaign committee may dispose of excess funds in any of the following ways:

Refund the excess amount of the contribution to the contributor. »

Give the excess to a tax-exempt corporation. »

Give the excess to the Ohio Elections Commission Fund. »

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




LEGISLATIVE CAMPAIGN FUNDS

What is a Legislative Campaign Fund?

A legislative campaign fund (LCF) is a fund that is associated with one of the caucuses of the general assembly and is established as an auxiliary of a state political party.

[R.C. 3517.01(B)(15)]

The four LCFs are:

HOUSE DEMOCRATIC CAUCUS FUND OHIO HOUSE REPUBLICAN ORGANIZATIONAL COMMITTEE OHIO SENATE DEMOCRATS REPUBLICAN SENATE CAMPAIGN COMMITTEE

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)]


LCFs file their reports with the secretary of state.

[R.C. 3517.11(A)(1)]


LCF reports are due based on the nature and timing of the activity in which the fund engages. All reports must be physically received by the secretary of state to meet the filing deadline requirement. A report postmarked, but not received, by the deadline is a late filing and must be referred to the Ohio Elections Commission.

There are four types of reporting deadlines:

A pre-election report is due by 4:00 p.m. 12 days before an election if the LCF spent or received $1,000 or more to influence that election between the time the last report was filed and the 20th day before the election.

[R.C. 3517.10(A)(1)]



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



[OAC 111-5-11]





GENERAL RULES


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]

CONTRIBUTIONSGenerally 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.


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)]


A contributor may not give more than $100 per election in cash. Cash includes only currency or coin.

[R.C. 3517.13(F); OAC 111-5-06]

Contribution Limits

In most cases, contributions to a LCF are limited by statute. Contributions given to a LCF from a “designated state campaign committee” are not limited. For information regarding “designated state campaign committees”, see Chapter 3. A contribution limit chart is available from the secretary of state’s Web site as part of the Campaign Finance Compliance & Disclosure Guide.

[R.C. 3517.102]

Generally speaking, only those campaign committees

of candidates who are or will be members of the legislative caucus

associated with the LCF are considered to be “designated state

campaign committees”.




Legislative campaign funds are prohibited from knowingly accepting a contribution from an individual who is under seven years of age.

[R.C. 3517.102 (C)(5)(a)]

Corporate \ Professional Association Contributions

Corporations are prohibited from directly or indirectly supporting or opposing any candidate. This prohibition applies to the provision of corporate funds or property to a candidate or campaign committee. The use of a corporate logo on an endorsement or solicitation letter is also a prohibited corporate contribution.

[R.C. 3599.03; OEC Adv. 97ELC-05]

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.

In-Kind Contributions Received

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 LCF. 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 fund. These contributions are reported on form 31-J-1, In-Kind Contributions Received.

[R.C. 3517.01(B)(16)]



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]

Labor Organization Contributions

A LCF may accept contributions from a PAC sponsored by a labor organization or from a labor organization’s political contributing entity (PCE).

[R.C. 3517.01(B)(21), 3517.082]


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).


Public Employee Solicitations \ Contributions

Public employees are prohibited from soliciting contributions, or from being solicited for contributions while performing their official duties or while they are in those areas of a public building where official business is transacted or conducted. For the purpose of these prohibitions, the term “public employee” does not include any person holding an elective office.

[R.C. 3517.092]

Deposit of Contributions or Other Income

All contributions and other monetary income must be deposited in an account within 30 days of receipt or returned to the donor without having been deposited. A contribution that is clearly illegal must be returned and not deposited. A contribution that appears on its face to be legal (e.g., not from a foreign national, corporation or in excess of contribution limits) may be deposited and used by the LCF.



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]

EXPENDITURESThe 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.

Permissible Campaign Expenses

The use of campaign funds for personal or business purposes is prohibited. All expenditures made by an LCF must be to influence the result of an election or for making a charitable contribution. No beneficiary of a LCF or other person may convert for personal use anything of value from the LCF, except as reimbursement for:

Legitimate and verifiable prior campaign expenses. »

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: »

Engaged in activities to support or oppose another candidate, political party, or issue. »

Raising funds for, or participating in activities of, a political party or other political »committee.

Attending a political party convention or meeting. »

These terms have been defined by the Ohio Elections Commission as follows:

Legitimate Conforming to recognized principles or accepted rules and standards.

Verifiable Able to be proven true, confirmed or authenticated.

Ordinary Taking place according to customary occurrences or procedures.

Necessary Appropriate and helpful to accomplishing a particular end.

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.


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]



In-Kind Contributions Made

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, fund or party. An LCF may contribute to a candidate’s campaign committee any item or service it has purchased rather than, or in addition to, making a monetary contribution. For example, an LCF may have purchased a large block of radio airtime at a particular radio station. When the LCF gives a portion of this asset to a campaign committee, an in-kind contribution has been made by the LCF and received by the campaign committee. Therefore, both entities have a responsibility to disclose this transaction.

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.


Reimbursement of Campaign Expenses

Campaign related expenses incurred by employees or volunteers may be reimbursed by the LCF if they are legitimate and verifiable prior expenses and not otherwise prohibited by law. The LCF may not advance funds to a candidate, employee or volunteer; the expense must be incurred prior to reimbursement. The treasurer must obtain receipts for all reimbursements issued in order to verify the legitimacy of each campaign expense. Reimbursements for items or services purchased on behalf of the committee that are not reimbursed during the reporting period must be reported as outstanding debt.

[R.C. 3517.13(O)]



REPORTINGDisclosure 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 a correction is necessary or additional information is obtained by the LCF or required by the secretary of state relating to a report that has already been filed, an amended report must be filed. Amendments filed on paper consist of only corrections to previously submitted information or additional information. The amendment should include either a report cover page or a cover letter clearly indicating the name of the LCF and what report is being amended. Amendments filed electronically consist of all report data – both that which was originally filed and new or modified records.

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 LCF has 21 days to provide the information or correction.

[R.C. 3517.11(B); OAC 111-5-08, 111-5-09]


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)]

1This 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]

Chapter 5: Political Party Accounts




POLITICAL PARTY ACCOUNTS

What is a Political Party

A major political party is any group of voters that garners and maintains at least 20% 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)]

ACCOUNT TYPESA political party may have several basic types of accounts. They include:

building account »

general political account »

restricted funds account »

state candidate fund »

judicial account »

Levin account (state party only) »

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]



General Political Account

The general political account is the fund used by a state or county political party to support candidates not subject to the state contribution limits, such as candidates for mayor, city council or county commissioner. This account is also known as the local political account or the non-state candidate fund. However, a county political party in a county with a population less than 150,000 may support certain candidates from the general political account, but at a very low dollar limit. Currently, the limitation is $2,848.89 per election period. See State Candidate Fund section on next page for more detail.

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)]

Money in the restricted fund may not be used for supporting or opposing specific candidates, to influence the outcome of any candidate or issue election, to pay party debts incurred as a result of elections, or to make payment in excess of the market value of the item or service received for payment. Restricted funds money may be used for party headquarters, including staff salaries, get-

out-the-vote campaigns, administration costs for party fund-raising drives, computers, or for direct mailings that do not target a particular candidate or issue.

[R.C. 3517.18]

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]



State Candidate Fund

A state candidate fund is used to support statewide and general assembly candidates. A state political party must use this fund to support its statewide or general assembly candidates. A county political party in a county that has a population of 150,000 or more must establish a separate state candidate fund in order to support statewide or general assembly candidates. A county political party affiliated with a county having a population of less than 150,000 may establish a state candidate fund, but is not required to do so.

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.

A county political party’s state candidate fund may not accept contributions from any of the following sources:

A political action committee (PAC). »

A political contributing entity (PCE). »

Any individual whose designated Ohio residence is »outside the county.

A campaign committee of a candidate whose name »will not appear on the ballot in that county or does not represent all or part of the county as an elected public office holder.

Another county political party state candidate fund. »

Any county or state political party non-state »candidate fund, such as a general political account or restricted fund.

[R.C. 3517.102(C)(4)(a)(i)]

All contributions made by all county political party state candidate funds shall be aggregated together for the purpose of determining a statewide or general assembly candidate’s contributions limits.

[R.C. 3517.102 (A) and (B); OAC 111-1-10]

The following counties have

populations above the 150,000 threshold

pursuant to the 2008 State and County

Characteristic population estimate

of the US Census Bureau:

Butler Clermont Cuyahoga Delaware Franklin Greene Hamilton Lake Licking Lorain Lucas Mahoning Medina Montgomery Portage Stark Summit Trumbull Warren



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]


Statewide political parties file their reports with the secretary of state. County political parties file most of their reports with the county board of elections. County political party state candidate funds and county political party restricted funds that have received deposits from a corporation or labor organization must file their reports by electronic means with the secretary of state.

[R.C. 3517.11(A), 3517.106(E)(3), 3517.1012(B)]


Reports are due based on the nature and timing of the activity in which the party engages. A political party is required to file pre- or post-election reports only when the party has activity supporting or opposing candidates or ballot issues appearing on the ballot.

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 pre-election report is due by 4:00 p.m., 12 days before an election if the party had activity to influence that election and if $1,000 or more was spent or received between the time the last report was filed and the 20th day before the election.

[R.C. 3517.10(A)(1)]

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



[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

Treasurer’s Duties and Liability

The treasurer is legally responsible for keeping detailed records of everything received by or given to the political party fund. 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 fifth degree felony. The cover page of every report filed must be signed by the treasurer or deputy treasurer. A treasurer must retain accurate records of all activity for six years.

[R.C. 3517.081, 3517.10, 3517.13, 3517.992(A), 3599.36; OAC 111-5-12, 111-5-14]


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)]


A contributor, including the candidate, may not give more than $100 per election in cash. Cash includes only currency or coin.

[R.C. 3517.13(F); OAC 111-5-06]

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)]


All contributions or other monetary income must be deposited in an account within 30 days of receipt or returned to the donor without having been deposited. A contribution that is clearly illegal must be returned and not deposited. A contribution that appears on its face to be legal (e.g., not from a foreign national, corporation, or in excess of contribution limits) may be deposited and used by the political party.

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]


Political parties are prohibited from knowingly accepting a contribution from an individual who is under seven years of age.

[R.C. 3517.102 (C)(4)]


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).


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]



Contributor Address Exemption

Political parties are not required to include the addresses of contributors within their reports.

[R.C. 3517.10(B)(4)(b)]

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.


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)]


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. In addition, the secretary of state or the county board of elections may request a log for certain items, such as mileage reimbursements, so that the expenditure and its appropriateness may be verified. If canceled checks are not returned or provided by the banking institution of the political party, a copy or printout of the political party’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 political party’s banking institution satisfy the expenditure verification requirement.


The 3 primary pieces of data

needed to meet the expenditure verification are:

Name of payee »

Date of expenditure »

Amount of expenditure »



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.

Chapter 6: Political Action Committees




POLITICAL ACTION COMMITTEES

What is a Political Action Committee (PAC)

A combination of two or more persons, the primary or major purpose of which is to support or oppose any candidate, political party, or issue, or to influence the result of any election through express advocacy.

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]

Federal, State and Local PACs

A PAC registered with the Federal Election Commission (FEC) may use its federal PAC account to make Ohio non-federal disbursements. Such PACs are called federal, state and local PACs (FSLs). Before such a disbursement is made, the FSL PAC must register with the secretary of state’s office by filing a copy of its most recent Statement of Organization, a federal form. Thereafter, whenever information listed on the form changes, a copy of the revised form must be filed with the secretary of state at the same time it is filed with the FEC. Whenever an FSL PAC files a report that includes Ohio non-federal activity, a copy of that same report must be filed with the secretary of state. The only necessary pages are the summary page, the detailed summary page and any disbursement pages that reflect Ohio non-federal activity. FSL reports must be postmarked by federal, not Ohio, reporting deadlines.

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 Organization PACs

A labor organization may sponsor a PAC and pay its administrative, establishment or solicitation costs. Labor organizations may not give and a labor organization PAC may not accept money or property from the labor organization for use by the labor organization sponsored PAC in supporting or opposing candidates or another partisan political purpose. The Ohio Administrative Code gives detailed information on labor organization PAC activity, including reporting and disclosure requirements; labor organization payments of the administrative, establishment and solicitation expenses of its PAC; social and fund raising requirements; and prohibited uses of labor organization money or property.

[R.C. 3517.082, 3599.03; OAC 111-4-01 through 111-4-08]

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 Ohio and that is not registered with the Federal Election Commission must comply with Ohio laws and rules regulating PACs. Therefore, prior to receiving contributions or making expenditures, the entity must file form 30-D, Designation of Treasurer. Contributions raised prior to the filing of the Designation of Treasurer may not be transferred into the Ohio-registered PAC. Similar to any other Ohio PAC, expenditures made to influence Ohio state or local elections 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)]

A non-Ohio, non-federal political action committee cannot transfer,

or “bring in”, contributions which

were not raised under Ohio law.



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.


Where reports are filed is based on the PAC’s activity. Generally, PACs that contribute to county political parties, local candidate campaign committees, or local ballot issue committees will file the PAC’s campaign finance reports with the local county board of elections. PACs that contribute to candidates seeking election to a district office, other than a candidate for member of the general assembly, or a ballot issue to be submitted to a multi-county district will file campaign finance reports with the board of elections in the most populous county of that district. A PAC that makes contributions to candidates for member of the general assembly, statewide candidate, statewide ballot issues, state political parties or to other PACs which contribute to those candidates or issues will file its campaign finance reports with the secretary of state. All entities filing campaign finance reports with the secretary of state’s office are subject to mandatory electronic filing.

[R.C. 3517.11(A); 3517.106]

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.


PAC reports are due based on the nature and timing of the activity in which the PAC engages. The reporting clock begins based upon the PAC activity and whether that activity is to influence a future or recent election. All reports must be physically received by the secretary of state or county board of elections in order to be considered timely filed. A report postmarked, but not received by the deadline, is a late filing, and the PAC must be referred to the Ohio Elections Commission.


A pre-election report is due by 4:00 p.m. 12 days before an election if the PAC spent or received $1,000 or more to influence that election between the time the last report was filed and the 20th day before the election.

[R.C. 3517.10(A)(1); OAC 111-5-04]

Examples:

A PAC raises $1,200 and spends $875 in a pre-election period. The PAC made a $500 contribution to a campaign committee whose candidate will appear on that election’s ballot. Because the PAC made a contribution to influence the election and had more than $1,000 in contributions in the pre-election period, the PAC must file a pre-election report.

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.

[R.C. 3517.10(A)(2); OAC 111-5-04]

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 may choose to file a pre-election report even if total contributions and expenditures are below the $1,000

threshold.



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



[OAC 111-5-11]





GENERAL RULES


The treasurer of a PAC is legally responsible for keeping detailed records of everything received, given or expended. 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.

[R.C. 3517.10(C), (D); 3599.36; OAC 111-5-12, 111-5-14]

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]



Affiliation Between Separate PACs

A PAC is affiliated with another PAC if they are both established, financed, maintained or controlled by 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)]

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)]

CONTRIBUTIONSGenerally 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.


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)]

A non-Ohio, non-federal political action committee cannot transfer,

or “bring in”, contributions which

were not raised under Ohio law.





[R.C. 3517.13(F); OAC 111-5-06]

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]


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)]


PACs are prohibited from knowingly accepting contributions from any individual under the age of seven.

[R.C. 3517.102 (C)(7)]


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).




Public Employee Solicitations

Public employees may not solicit contributions or be solicited for contributions while performing their official duties or while they are in those areas of a public building where official business is transacted or conducted. The term “public employee” does not include any person holding an elective office.

[R.C. 3517.092(F)]


All income must be deposited in an account within 30 days of receipt or returned to the donor without having been deposited. A contribution that is clearly illegal must be returned and not deposited. A contribution that appears on its face to be legal (e.g., not from a foreign national, corporation, or in excess of contribution limits) may be deposited and used by the PAC.

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


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]

Permissible Use of Funds

PACs may use their contributions only in ways that match the definition of expenditure, as defined in R.C. 3517.01(B)(6), or to refund excess or illegal contributions. This means that PACs are allowed to spend money and make in-kind contributions in a manner intended to influence an election or to make a charitable contribution. 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)]

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]


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. In addition, the secretary of state or the county board of elections may request a log for certain items, such as mileage reimbursements, so that the expenditure and its appropriateness may be verified. If canceled checks are not returned or provided by the banking institution of the PAC, a copy or printout of 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 PAC’s banking institution satisfy the expenditure verification requirement.


REPORTING


When a correction is necessary or additional information is obtained by the PAC or is required by the auditing authority relating to a report that has already been filed, an amended report must be filed. Amendments consist of only corrections to previously submitted information or additional information. The amendment should include either a report cover page or a cover letter clearly indicating the name of the PAC that is filing and what report is being amended. When the 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 PAC has 21 days to provide the information or correction.

[R.C. 3517.11(B)]

The 3 primary pieces of data

needed to meet the expenditure verification are:

Name of payee »






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)]

Payroll Deduction 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. An exception to that rule is provided for voluntary contributions to the PAC received via payroll deduction pursuant to R.C. 3599.031 that will aggregate $25 or less per contributor per calendar year. These contributions may be listed together in each report with the description “Voluntary contributions received via payroll deduction aggregating $25 or less per calendar year” along with the date and amount. If the contributions received from a contributor exceed an average of $2 per month, then those contributions should be itemized in the report from the beginning of the calendar year. If the PAC does not know at the beginning of the year the amount of aggregate contributions it will receive from some of its members in a year, it may be easier for the PAC to provide an itemized list of all contributions received for each report filed. This information must be provided at the time the report is filed. If the report must be filed electronically pursuant to R.C. 3517.106, then the underlying contribution information must be included in the electronically filed report.

[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

PACs 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, invoices and notices.

[R.C. 3517.10(C), (D); OAC 111-5-14]


With the exception of federal committees, including FSL, and non-Ohio committees, a PAC must have a zero balance, no outstanding debts and no outstanding loans before it may terminate. When these criteria have been met, the PAC 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]

The trend in banking practices

is moving away from mailing a paper

copy of statements and other account

information. Treasurer’s should download and save

bank statements and copies (images) of

canceled checks each month.

Chapter 7: Political Contributing Entities




POLITICAL CONTRIBUTING ENTITIES

What is a Political Contributing Entity?

A political contributing entity (PCE) is any entity, including a corporation or labor organization, that may lawfully make contributions and expenditures and that is not an individual, political action committee (PAC), continuing association, campaign committee, political party, legislative campaign fund (LCF), designated state campaign fund or state candidate fund. For the purposes of the definition of a PCE, “lawfully” means not prohibited by any section of the Revised Code, or authorized by a final judgment of a court of competent jurisdiction. Corporations may not currently be PCEs. Only labor organizations may make contributions and expenditures in accordance with the decision in UAW v. Philomena (1998) 121 Ohio App. 3d 760 (10th District).

[R.C. 3517.01(B)(21)]

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)]


Where reports are filed is based on the PCE’s activity. Generally, PCEs that contribute to county political parties, local candidate campaign committees, or local ballot issue committees will file the PCE’s campaign finance reports with the local county board of elections. PCEs that contribute to candidates seeking election to a district office, other than a candidate for member of the general assembly, or a ballot issue to be submitted to a multi-county district will file campaign finance reports with the board of elections in the most populous county of that district. A PCE that makes contributions to candidates for member of the general assembly, statewide candidate, statewide ballot issues, state political parties or to other PCEs which contribute to those candidates or issues will file its campaign finance reports with the secretary of state. All entities filing campaign finance reports with the secretary of state’s office are subject to mandatory electronic filing.

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.




PCE reports are due based on the nature and timing of the activity in which the PCE engages. The reporting clock begins based upon the PCE’s activity. All reports must be physically received by the secretary of state or board of elections to meet the filing deadline requirement. A report postmarked, but not received by the deadline, is a late filing, and the PCE must be referred to the Ohio Elections Commission.


A pre-election report is due by 4:00 p.m. 12 days before an election if the PCE spent or received $1,000 or more to influence that election between the time the last report was filed and the 20th day before the election.

[R.C. 3517.10(A)(1); OAC 111-5-04]

Examples:

A PCE raises $2,300 and spends $930 in a pre-election period. The PCE made a contribution of

$800 to a campaign committee whose candidate will appear on that election’s ballot. Because the PCE made a contribution to influence the election and had more than $1,000 in contributions in the pre-election period, the PCE must file a pre-election report.

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 PCE may choose to file a pre-election report even if total contributions and expenditures are below the $1,000

threshold.



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



[OAC 111-5-11]





GENERAL RULES


The treasurer of a PCE is legally responsible for keeping detailed records of everything received, given or expended. 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.

[R.C. 3517.10(C), (D), 3599.36; OAC 111-5-12, 111-5-14]

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)]

CONTRIBUTIONSGenerally 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.

Contributions from Dues, Membership Fees or Other Assessments

A PCE that receives contributions from the dues, membership fees or other assessments of its members or from its officers, shareholders and employees may report the aggregate amount of contributions received from those types of contributors and the number of individuals making those contributions. All voluntary contributions received must be fully reported.

[R.C. 3517.10(L)]


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)]





[R.C. 3517.13(F); OAC 111-5-06]

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)]


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).



A PCE primarily accepts contributions from dues, membership fees or other assessments of its members. These funds may be held in the labor organization’s general treasury accounts. However, the PCE may elect to establish and deposit dues, membership fees or other assessments of its members into an account separate from the general treasury. The PCE must establish a separate account only if it accepts voluntary contributions. The deposit of voluntary contributions is subject to the time limits prescribed in OAC 111-5-12.




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


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]

Permissible Use of Funds

PCEs may use their resources only in ways that match the definition of expenditure as defined in R.C. 3517.01(B)(6) or to refund excess or illegal contributions. This means that PCEs are allowed to spend money and make in-kind contributions in a manner intended to influence an election or to make a charitable contribution. 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)]


[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]




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. In addition, the secretary of state or the county board of elections may request a log for certain items, such as mileage reimbursements, so that the expenditure and its appropriateness may be verified. If canceled checks are not returned or provided by the banking institution of the PCE, a copy or printout of 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 PCE’s banking institution satisfy the expenditure verification requirement.


REPORTINGIf 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 a correction is necessary or additional information is obtained by the PCE or is required by the auditing authority relating to a report that has already been filed, an amended report must be filed. Amendments consist only of corrections to previously submitted information or additional information. The amendment should include either a report cover page or a cover letter clearly indicating the name of the PCE that is filing and what report is being amended. 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 PCE has 21 days to provide the information or correction.

[R.C. 3517.11(B)]



Name of payee »






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

PCEs 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, invoices and notices.

[R.C. 3517.10(C), (D); OAC 111-5-14]

Closing the PCE

A PCE must have a zero balance, no outstanding debts and no outstanding loans before it may terminate. When these criteria have been met, a PCE 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 desires to terminate. There is no separate form for terminating.

The trend in banking practices

is moving away from mailing a paper

copy of statements and other account

information. Treasurer’s should download and save

bank statements and copies (images) of

canceled checks each month.

Chapter 8: Ballot Issue Committees




BALLOT ISSUE COMMITTEES

What is a Ballot Issue Committee?

A ballot issue committee is a political action committee that is organized to support or oppose a proposed or certified ballot issue or question. This type of committee is often referred to as a ballot issue PAC. Ballot issues include constitutional amendments, liquor options, initiatives and referenda and charter amendments.

Statewide Ballot Issue Committee

In the case of a proposed statewide constitutional amendment, initiated statute, referendum or other issue to be placed on the statewide ballot, the circulator or committee in charge of circulating petitions may constitute a ballot issue PAC prior to petitions being filed or the issue becoming certified. A circulator or committee in charge of such a ballot issue PAC must file a Designation of Treasurer, form 30-D, with the secretary of state before receiving a contribution or making an expenditure. The ballot issue committee consists of the treasurer, the circulator or committee member signing the Designation of Treasurer form, and any committee member engaged in circulating the petition for submission of the issue.

[R.C. 3517.12; OAC 111-4-11]

Local Ballot Issue Committee

In the case of a local, non-statewide ballot issue, a ballot issue committee may be created to support or oppose the issue at any time prior to or after certification of the issue to the ballot. It is important, however, that the ballot issue committee file a Designation of Treasurer prior to receiving any contributions or making any expenditures.

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)]


A ballot issue committee that was formed to support or oppose a statewide ballot issue must register and file with the secretary of state’s office. A committee formed to support or oppose an issue or question that is submitted only to the electors within one county must register and file with the board of elections in that county. If the same issue or question is submitted to the electors in a subdivision or district in more than one county, then the committee must register and file at the board of elections in the most populous county in that subdivision or district.




Ballot issue committee report filing deadlines are based on the nature and timing of the activity in which the committee engages in relation to any election. All reports must be physically received by the secretary of state or a board of elections to meet the filing deadline requirement. A report postmarked, but not received, by the deadline is a late filing and must be referred to the Ohio Elections Commission.

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 pre-election report is due by 4:00 p.m. 12 days before an election if the ballot issue committee spent or received $1,000 or more to influence a ballot issue in that election between the time the last report was filed and the 20th day before the election.

[R.C. 3517.10(A)(1)]

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



[OAC 111-5-11]



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.


The treasurer of a ballot issue committee is legally responsible for keeping detailed records of everything received, given or expended. The cover page of every report filed must be signed by the treasurer or deputy treasurer.

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.

Corporate / Labor Organization Contributions

Ballot issue committees may accept direct corporate and labor organization contributions. In addition to the committee’s reporting requirements, corporate and labor organization contributors are required to disclose their activity by filing a one-page form called a 30-B-1, Contributions from a Corporation or Labor Organization Supporting or Opposing Ballot Issues. The corporation or labor organization must file by the same deadlines and at the same filing locations as the ballot issue committee see Chapter 9, Corporations and Labor Organizations, for more information regarding filing requirements.

[R.C. 3599.03]

Contribution Limits

Ballot issue committees are not subject to contribution limits.

[R.C. 3517.102(D)(2)]




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)]



[R.C. 3517.13(F); OAC 111-5-06]


PACs are prohibited from knowingly accepting contributions from any individual under the age of seven.

[R.C. 3517.102 (C)(7)]


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]

Corporations or labor organizations making independent expenditures in support of or opposition to a ballot issue or question 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 city, county, etc. issue or at the secretary of state’s office if the issue is statewide. See Chapter 9, Corporations and Labor Organizations, for more information regarding these filing requirements.

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.


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)]


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).


Public Employee Solicitations

Public employees may not solicit or be solicited for contributions while performing their official duties or while they are in those areas of a public building where official business is transacted or conducted. No public employee may solicit contributions while performing official duties or while in areas of a public building where official business is conducted.

The term “public employee” does not include any person holding an elective office.

[R.C. 3517.092(F)]

Deposit of Contributions or Other Income

All income must be deposited in an account within 30 days of receipt or returned to the donor without having been deposited.

[OAC 111-5-12]



EXPENDITURES

Permitted Use of Funds

A ballot issue committee may make expenditures to influence the results of an issue or question. They may also make contributions to a charitable organization. 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)]


[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.


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. In addition, the secretary of state or the county board of elections may request a log for certain items, such as mileage reimbursements, so that the expenditure and its appropriateness may be verified. If canceled checks are not returned or provided by the banking institution of the committee, a copy or printout of the 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 committee’s banking institution satisfy the expenditure verification requirement.




Name of payee »





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.


When a correction is necessary or additional information is obtained by the committee or required by the auditing authority relating to a report that has already been filed, the committee must file an amended report. Amendments consist only of corrections to previously-submitted information or additional information. The amendment should include either a report cover page or a cover letter clearly indicating the name of the committee that is filing and which report is being amended. 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)]


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]


A ballot issue committee must have a zero balance, no outstanding debts and no outstanding loans before it can terminate. In order to spend down to a zero balance, a ballot issue committee may make any expenditure that fits the permissive use of funds criteria listed previously. 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 desires to terminate. There is no separate form for terminating.

Chapter 9: Business and Labor Organizations




BUSINESSES AND LABOR ORGANIZATIONS

OVERVIEW

Corporate Business Campaign Finance Activity

A business that has filed articles of incorporation pursuant to R.C. 1701 is considered to be a “corporation” for campaign finance purposes. Under Ohio law, the use of a corporation’s money or property for political purposes is severely limited. Corporations, whether for-profit or nonprofit, are prohibited from giving money, items, personnel, space or anything of value to:

candidates »

non-ballot issue PACs »

legislative campaign funds »

state candidate fund of a political party »

general fund of a political party »

Use of a corporate logo in an endorsement or solicitation letter meant to support a candidate or political party is a prohibited use of corporate resources. However, the placement of a campaign sign on the property of a corporation, nonprofit corporation or labor organization is not a violation.

[R.C. 3599.03; OEC Adv. 97ELC-05]

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.

Unincorporated Business Campaign Finance Activity

Business “partnerships” and businesses that have not filed articles of incorporation are not considered to be a “corporation” for campaign finance purposes. When a partnership or other unincorporated business uses its checking account to transmit a contribution, it must include with the contribution check 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 recipient has the allocation information necessary to itemize the contribution by the partner(s), owner(s) or member(s).

[R.C. 3599.03; OAC 111-5-20; OEC Adv. 96ELC-03]



Labor Organization (General Treasury Activity)

A labor organization may use its money or property, including dues monies, to support or oppose candidates, political parties, non-ballot issue PACs and legislative campaign funds. Prior to making expenditures from dues monies, a labor organization must file form 30-D, Designation of Treasurer, establishing a political contributing entity (PCE). See Chapter 7, Political Contributing Entities, for more information.

[R.C. 3517.10]

Ballot Issue Support

A corporation or labor organization may use its money or property to support or oppose a proposed or certified ballot issue or question. If the contribution is made as a monetary or in-kind contribution to a ballot issue committee, then the corporation or labor organization must file form 30-B-1, Contributions from a Corporation or Labor Organization Supporting or Opposing Ballot Issues, at the same filing location and by the same filing deadlines that the ballot issue committee must file its reports. See Chapter 8, Ballot Issue Committees, for more information.

[R.C. 3599.03(C)]

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:

The communication is sent exclusively to members, employees, officers, or trustees of the 1. labor organization or the shareholders, employees, officers, or directors of that corporation or to the immediate families of any such individuals.

The communication is not made by mass broadcast, such as by radio or television, and is not 2. made by advertising in a newspaper of general circulation.

Examples of how a corporation or labor organization may communicate this information include:

mail »

letters, flyers, newsletters »

e-mail »



reports and memoranda »

posting of information in non-public areas of the corporation or labor organization facility »

permitting speech by a candidate or other person to individuals included in the set of »recipients in item #1 above

[R.C. 3599.03 (F); OAC 111-4-09]

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.

In addition, nonprofit corporations who communicate information in support of, or in opposition of a political party or candidate for election are subject to the same requirements as for-profit corporations and labor organizations. A nonprofit corporation may use its money or property to communicate with its members, as long as the members, stockholders, donors, trustees or officers are the predominant recipients of the communication - even if the message being communicated is political in nature.

[R.C. 3599.03(F)]

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.

Internal Revenue Service (800) 829-1040 www.irs.gov



Payroll Deduction Plans

Employers, including corporations (both profit and nonprofit), partnerships, limited liability companies, and labor organizations, may make deductions for political use from the wages or salaries of employees who sign authorizations for such deductions. This authorization must be signed separately from an application for membership in, or authorization of payment of dues to, any organization. Employees must indicate in writing how their money is to be spent (e.g.to a PAC or PCE) . The actual cost of deducting and forwarding contributions may be paid by the employer or may be deducted from the employee’s contribution. All decisions regarding who receives contributions must be made by employees.

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]



POLITICAL PARTY SUPPORT

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.

Chapter 10: Electioneering Communication




ELECTIONEERING COMMUNICATION

What is Electioneering Communication

Generally speaking, electioneering communication is any communication that refers to a candidate and that is distributed via a broadcast, cable or satellite means and is not otherwise considered an “expenditure.” This primarily covers all radio and television communications. The candidate reference within the communication could be by use of the candidate’s name, image or likeness or by some other clear and unambiguous reference. Electioneering communication does not include any print media or printed materials.

[R.C. 3517.1011; OAC 111-4-10]

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)]


Any person who makes a disbursement or disbursements for the direct costs of producing and airing electioneering communications aggregating in excess of $10,000 during any calendar year must file, within 24 hours of each disclosure date, a disclosure of electioneering communications statement. After the first disclosure of electioneering communications statement is filed, continued filing is required weekly through that calendar year, so long as additional electioneering communication disbursements are made. These subsequent reports must be filed on the same day of the week as the day of the week that the initial disclosure statement was filed.

[R.C. 3517.1011(A)(6) and (D)]



What a Filing Must Contain

Each electioneering communication disclosure statement must contain all of the following:

The full name and address of the person making the disbursement, any person sharing or a. 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.

The principal place of business of the person making the disbursement, if not an individual.b.

The amount of each disbursement of more than $1 during the period covered by the c. statement and the identity of the person to whom the disbursement was made.

The nominations or elections to which the electioneering communications pertain and the d. names, if known, of the candidates identified or to be identified.

For each contributor who contributed an aggregate amount of $200 or more to the person e. making the disbursement and whose contributions were used for making the disbursement, all of the following information:

The month, day and year that the contributor made the contribution or contributions i. aggregating $200 or more.

The full name and address of the contributor and, if the contributor is a political action ii. committee, its registration number.

If the contributor is an individual, the name of the individual’s current employer if any, iii. or if the individual is self-employed, the individual’s occupation and the name of the individual’s business, if any.

A description of the contribution, if other than money.iv.

The value in dollars and cents of the contribution. v.

For any contribution transmitted through a payroll deduction, if the amounts deducted vi. 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)]

Coordinated Electioneering Communication

An electioneering communication that is made pursuant to any arrangement, coordination or direction by a candidate or a candidate’s campaign committee, or by the officials, agents, employees or consultants of a candidate or a candidate’s campaign committee, is considered to be coordinated and, as such, becomes an in-kind contribution to the candidate. An in-kind contribution is subject to contribution limits, the corporate prohibition and other requirements of the general campaign finance law.

[R.C. 3517.1011(A)(5), (G) and (H); 3517.102]



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)]

Other General Provisions

During the 30 days preceding a primary or general election, any disbursement to pay the direct costs of producing or airing a broadcast, cable or satellite communication that refers to a clearly identified candidate must be considered to be made for the purpose of influencing the results of that election and must be reported as an expenditure or as an independent expenditure. Therefore, all disbursements made within 30 days of an election must be funded by regulated political entities that fully disclose all campaign finance activity on a regular basis and that are otherwise permitted to make direct contributions to candidate campaign committees.1

[R.C. 3517.01(B)(6), 3517.10]

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)



Statutory Definitions Relating to Electioneering Communication

“Electioneering communication” means any broadcast, cable or satellite communication that refers to a clearly identified candidate and that is made during either of the following periods of time:

If the person becomes a candidate before the day of the primary election at which candidates a. 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.

If the person becomes a candidate after the day of the primary election at which candidates b. 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)]

Electioneering communication does not include any of the following:

A communication that is publicly disseminated through a means a. of communication other than a broadcast, cable or satellite television or radio station, such as communications appearing in print media, mailings, brochures, bumper stickers, yard signs, communications over the internet, including e-mail, or telephone communications.

A communication that appears in a news story, commentary, b. public service announcement, news programming or editorial distributed through the facilities of any broadcast, cable or satellite television or radio station, unless those facilities are owned or controlled by any political party, political committee, or candidate.

A communication that constitutes an expenditure or an independent expenditure.c.

A communication that constitutes a candidate debate or forum or that solely promotes a d. candidate debate or forum and is made by or on behalf of the person sponsoring the debate or forum.

[R.C. 3517.1011(A)(7)(b)]

2 For purposes of R.C. 3517.1011, “candidate” has the same meaning as in R.C. 3501.01(H)

Chapter 11: Electronic Filing of Campaign Finance Reports




ELECTRONIC FILING OF CAMPAIGN FINANCE REPORTS

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.

Who Must File Electronically

The requirement to file electronically at the secretary of state’s office applies to statewide candidate committees, the campaign committees of candidates for member of the general assembly, statewide PACs and PCEs, state political parties, and legislative campaign funds. A county political party must file its state candidate fund electronically with the secretary of state. Additionally, a county political party must file its restricted fund electronically IF the party has accepted ANY gifts from a corporation or labor organization into the restricted fund.

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:

Address book. This feature saves each contribution and each »expenditure in separate address books, allowing the entity to be quickly added at subsequent transactions.

PAC number lookup. This feature allows a user to lookup the »proper name and registration number of any active PAC on file with the secretary of state.

Cover page calculation. When a user intends to submit a »report, the only cover page information needed will be the balance brought forward (line 1). After entering this figure, the user clicks a button and the remaining cover page line item totals are automatically calculated based on the transaction information entered.

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.

Checks and Receipts

Committees filing electronically must continue to submit paper copies of canceled checks or paid receipts for all expenditures greater than $25. Unlike the filing of reports, submitting copies of canceled checks and paid receipts is timely so long as they are postmarked by the filing deadline.

[R.C. 3517.10; OAC 111-6-03]

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.



Candidate Campaign Committee Notice of Hardship

If the filing of a committee’s campaign finance report by electronic means would constitute a hardship for the candidate or committee, the candidate or committee may request, through a secretary of state prescribed form, to file reports by paper copy.

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.

Chapter 12: Disclaimers




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]

Communications which constitute electioneering communications are different from messages which are intended to influence the outcome of an election. Electioneering communications require identification similar – but not identical – to a disclaimer, Please see Chapter 10, Electioneering Communication for more information.

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.

Exemption requests should be sent to:


Intent to Influence an Election

An advertisement or item that might, even in part, be purchased with the intent of influencing a current or future election or to build or maintain name recognition are reportable and must bear a disclaimer. This would include items purchased with the personal funds of the candidate or officeholder. Examples include items distributed at public events, such as high school basketball program ads or free items.

[OEC Adv. 89-04]

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.

Candidate Campaign Committee Disclaimer Wording

Every political communication or publication or independent expenditure made in support of or opposition to any candidate or ballot issue that is issued by a candidate’s campaign committee must include a readable disclaimer. A complete disclaimer for a candidate’s campaign committee is comprised of the phrase, “Paid for by,” followed by the name of the candidate’s campaign committee, the name and title of the campaign committee chairperson, treasurer or secretary and



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.

Political Action Committees and Political Contributing Entities

Every political publication or independent expenditure made in support of or opposition to any candidate or ballot issue that is issued by a PAC with 10 or more members, or a PCE with 10 or more members, must include a disclaimer. A proper disclaimer for a PAC or PCE is comprised of the name of the chairperson, treasurer, or secretary and a residence address or business address of the PAC or PCE.

Any independent expenditure made by a PAC or PCE in support of or opposition to a candidate or ballot issue must also include the full disclaimer of the PAC or PCE that made the independent expenditure. The name of the PAC or PCE used in a disclaimer must always match the name of the PAC or PCE on the most recently filed Designation of Treasurer form.

Some PACs and PCEs are not subject to the disclaimer requirement; these are referred to as “limited PACs” or “limited PCEs.” Any PAC or PCE with fewer than ten members that makes an independent expenditure of $500 or less on a political publication or advertisement involving a statewide candidate or ballot issue, $250 or less for a general assembly candidate, or $100 or less for a local candidate or issue, is a “limited PAC” or “limited PCE” and is not subject to the disclaimer requirement. However, a PAC with fewer than 10 members is subject to the disclaimer requirement, regardless of the amount spent, if it issues or pays for a political publication or advertisement in conjunction or coordination with any other entity subject to the disclaimer requirement.

For purposes of determining whether a PAC or PCE is a “limited PAC” or “limited PCE” having 10 or fewer members, “member” is defined as a person who makes one or more contributions to that PAC or PCE.

[R.C. 3517.105(A)]

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]

Radio and Television Advertisements

Radio advertisement disclaimers must include the name of the group responsible and an officer of the group, or the name and address of the speaker. If an officer of the group is identified, then the business or home address of the group or officer does not have to be stated on the air, but the radio station must make it available for six months to anyone who requests it.

[R.C. 3517.20(B)]



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]

Telephone Banks/Pre-Recorded Phone Messages

When any candidate, campaign committee, legislative campaign fund, political party, political action committee, political contributing entity or other person or entity conducts a telephone bank to support or oppose a candidate or issue or to influence the voters in an election, the identity of the committee or other entity paying for the telephone bank must be included in the telephone call.

For the purpose of this requirement, a telephone bank occurs when all of the following conditions are met:

The number of telephone calls is 500 or more. »

The content of the telephone call is identical or substantially similar. »

The telephone calls are made within any thirty-day period. »

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)]

Use of Political Party Bulk Mailing Permit

When a political party allows someone to use its bulk mailing permit, but the postage was paid for by the candidate’s committee, the campaign committee’s disclaimer should appear. However, if the party made an in-kind gift of the postage, then the party’s disclaimer should appear on the envelope.

[OEC Case No. 87A-08]

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.

Permits and Placement

Some municipalities or community associations have local ordinances or charter provisions that may require a permit to place signs within a political subdivision or limit or prohibit the posting of political publications. The purchase of a sign permit is an ordinary and legitimate expenditure of the committee.

Chapter 13: Duties of the Secretary of State and

County Boards of Elections



Chapter 13: Duties of the SoS and County BOEs

DUTIES OF THE SECRETARY OF STATE AND COUNTY BOARDS OF ELECTIONS

Duty to Examine and Investigate

The secretary of state and county boards of elections have the duty to examine all original campaign finance reports filed with their offices. They also have the power to investigate irregularities, non-performance of campaign finance-related duties by election officials or violations of election and campaign finance laws.

[R.C. 3501.05, 3517.11]

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.

How an Examination is Conducted

The secretary of state examines reports for compliance with all of Ohio’s campaign finance statutes and administrative rules. From the most basic items, such as complete names and addresses for contributions received, to more complex issues, such as contribution limits and personal funds use, a routine examination includes more than 65 items to review.

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.

Top 15 Reasons for an Examination Letter

Blank fields: addresses and dates, etc.1.

No canceled checks provided for expenditures greater than $25.2.

Contributions reported as received from corporations.3.

Cover page not calculated correctly or does not reflect contributions or expenditures 4. reported.

Failure to provide employer information, when required.5.



Violating contribution limits.6.

Contribution or expenditure entries to or from other reporting entities not properly reported.7.

Reporting contributions and expenditures in wrong reporting period.8.

Failure to use correct balance forward.9.

Failure to update a Designation of Treasurer.10.

Improper use of a contribution.11.

Receiving cash contributions greater than $100.12.

Improper reporting of contributions received at a fundraiser.13.

Lack of contribution attribution, listing joint contributions.14.

Failure to attribute contributions from partnerships or unincorporated associations.15.

COMPLETING REPORTS - GENERAL RULES

When a Report is Due

With the exception of FSL PAC reports (see Chapter 6, Political Action Committees, for more information), all reports must be physically received by the secretary of state or board of elections to meet the filing deadline requirement. A report postmarked, but not received by the deadline, is a late filing and must be referred to the Ohio Elections Commission.


Ohio law states that the treasurer is legally responsible for keeping detailed records of everything received, given or expended. If other persons assist, then the treasurer is responsible for ensuring that they are properly trained. The cover page of every report filed must be signed by the treasurer or deputy treasurer. Each report must contain a statement that the report is correct, subject to penalty for election falsification.

[R.C. 3517.10(C) and (D), 3599.36; OAC 111-5-12, 111-5-14]

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



[OAC 111-5-11]



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]

Keeping Reports in Balance

Errors and mistakes in the report can easily affect the balance on hand (Line 6) on a report’s cover page, causing it to be incorrect. There are two easy steps that a treasurer should take to avoid or detect potential problems in the report. First, when a report is completed, the balance on hand (Line 6) on the cover page should equal the balance listed in the committee checkbook. If the treasurer has reported all the necessary contributions and expenditures (including service charges, interest and voided checks), then these two figures should be the same. Second, the treasurer should reconcile the statements received from the bank are balanced against the checkbook in a regular and timely fashion. These two steps will go a long way to help a treasurer ensure that no contribution or expenditure information is incorrect or has been omitted.



Ohio Campaign Finance Law Penalties

Penalties for campaign finance and practices violations are specified in the Revised Code. Some of the most commonly requested penalties appear below.

Violation Possible Penalty Code CitationFailure to place a disclaimer on a political communication in violation of R.C. 3517.20

Fine of not more than $500.

R.C. 3517.992(U)

Failure to file a complete and accurate report required by a candidate’s campaign committee in violation of R.C. 3517.13(A).

Fine of not more than $100 per day.

R.C. 3517.992(A)(1)

Failure to file a complete and accurate report required report by a political party or PAC in violation of R.C. 3517.13(A).


R.C. 3517.992(A)(2)

An individual, campaign committee, PAC, party or legislative campaign fund making or receiving contributions in excess of the limits in violation of R.C. 3517.102.

(Violation by an individual must be made knowingly.)

Fine of three times the amount accepted or contributed, which was in excess of the permitted amount, unless it is refunded within five days after it is accepted or is refunded within ten days after notification by the secretary of state or a board of elections that an excess transfer has occurred.

R.C. 3517.992(I), (J)

Improper solicitation of contributions by statewide or county officials or candidates in violation of R.C. 3517.092.

First-degree misdemeanor. R.C. 3517.992(M)(1)

Knowing acceptance of contribution by statewide or county official, in violation of R.C. 3517.092.

Fine of three times contribution amount and return of contribution.

R.C. 3517.992 (M)(2)

Knowing acceptance of contribution by statewide or county official, in violation of R.C. 3517.092.

Return of contribution. R.C. 3517.992 (M)(2)

Failure to file a required monthly or two-business day report by a statewide candidate in violation of R.C. 3517.13(A).


R.C. 3517.992(A)(1)

Knowing failure of a political party to report a gift or misrepresent a gift received by the party’s building fund account in violation of R.C. 3517.101 or R.C. 3517.13 (G).

Fine of not more than $10,000.

R.C. 3517.992(C)



Violation Possible Penalty Code CitationMisrepresentation or concealment of a contribution or expenditure in violation of R.C. 3517.13(G).

Fine of not more than $10,000; if by a candidate, also possible forfeiture of office.

R.C. 3517.992(C)

Cash contributions in excess of $100 in violation of R.C. 3517.13.

Fine of not more than three times the amount contributed.

R.C. 3517.992(D)

Conversion of campaign funds for personal use in violation of R.C. 3517.13(O), (P), or (Q).

First-degree misdemeanor. R.C. 3517.992(F)

Election falsification matters, such as signing a false campaign finance report.

Fifth-degree felony. R.C. 3599.36

Use of corporate/labor funds for making Electioneering Communications within 30 days of an election.

Fine of up to three times the amount disbursed.

R.C. 3517.992 (CC)

Chapter 14: Ohio Elections Commission



Chapter 14: Ohio Elections Commission

OHIO ELECTIONS COMMISSIONThe Ohio Elections Commission consists of seven persons, six of whom are appointed by the governor on the recommendation of the combined House and Senate caucuses of each of the major political parties. Three members must be appointed from each of two major political parties with the seventh member being an unaffiliated elector appointed by the other six members. If the six members fail to appoint the seventh member within 30 days, then the chief justice of the Ohio Supreme Court makes the appointment. All members serve five-year terms.

[R.C. 3517.152]

The commission is empowered to hear alleged violations of campaign finance law contained in Revised Code sections 3517.08-3517.13, 3517.17, 3517.18, 3517.20-3517.22, 3599.03 and 3599.031. It is also authorized to interpret and write advisory opinions concerning campaign finance law in response to persons over whose acts it has or may have jurisdiction (e.g., campaign treasurers, committees and candidates). The commission will not give advisory opinions on activity that has already occurred, but only on possible future activity. The opinions that the commission has issued may be used for direction when making decisions.

[R.C. 3517.153]

Note the following advisory opinions may no longer be valid due to legislation enacted after their issuance: 87-7, 88-4, 89-2, 89-5 (part), 90-3 and 96-14.

[R.C. 3517.14]

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:

The name of both the person bringing the complaint, as well as the person(s) or party against 1. whom the allegations are made.

Addresses for the parties. Phone numbers also, if available.2.

A statement of the alleged violation.3.

A reference to the section of the Ohio Revised Code alleged to have been violated that is 4. 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.

At a Meeting of the Ohio Elections Commission

The commission has two separate tracks for reviewing complaints filed with it. Due to their potential impact on an impending election, complaints alleging the making of false statements during the campaign will be reviewed on an expedited basis by a probable cause panel. A probable cause panel of the commission is composed of at least three members of the commission, but not all seven members. The probable cause panel reviews the complaint and any response in an effort to determine whether the entire commission should hear the matter. If the panel does not find that there is a probability that a violation has occurred, then the complaint is immediately dismissed. If the panel finds probable cause, then the matter is set for a hearing before the full commission.

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.

What to Do if You are Alleged to Have Violated a Campaign Finance Law

Being referred to the Ohio Elections Commission for violating a campaign finance law is a potentially serious, but often routine, matter. In most cases, a few actions on your committee’s part will go a long way to resolve the problem. The first is to make sure that you respond to the OEC’s initial letter with the notarized affidavit no later than the due date mentioned in the letter. This affidavit should briefly explain your version of the events relating to the alleged violation. When either a board of elections or the secretary of state’s office has referred you, the second thing to do is to contact the referring agency to determine what your committee must do to get into compliance. Often, this means the filing of a report that was not filed or responding to a letter requesting corrections or more information.

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]

Chapter 15: Other Resources




OTHER RESOURCESCampaign 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:

Board of Commissioners on Grievance and Discipline, Rule 4

This body is an arm of the Ohio Supreme Court and interprets and administers Rule 4 of the Code of Judicial Conduct concerning rules for judges and judicial candidates.

Board of Commissioners on Grievances and Discipline 65 S. Front St., 5th Floor Columbus, Ohio 43215-3431 (614) 387-9370 www.sconet.state.oh.us/BOC

Federal Election Commission (FEC)

Federal campaign finance law is under the jurisdiction of this body. The campaign finance information on Ohio’s Congressional delegation is available at the FEC’s Web site in a searchable database.

Federal Elections Commission 999 E. St., NW Washington, D.C. 20463 (800) 424-9530 www.fec.gov

Internal Revenue Service (IRS)

Questions regarding investment or interest income, Form 1120 POL, section 527 filing requirements, federal tax identification numbers, whether particular contributions are tax deductible or whether political activity will affect a group’s nonprofit status, should be directed to the IRS.

Internal Revenue Service (800) 829-1040 www.irs.gov



Joint Legislative Ethics Committee (JLEC)

All legislative agents and executive agency lobbyists and their respective employers must file with JLEC, which is charged with the administration and enforcement of Ohio’s lobbying laws. Information regarding lobbyists, including a complete list of registered legislative agents and executive agency lobbyists, is available from JLEC.

Joint Legislative Ethics Committee 50 W. Broad St., Ste. 1308 Columbus, OH 43215-5908 (614) 728-5100 www.jlec-olig.state.oh.us

Legislative Service Commission

The Ohio Legislative Service Commission (LSC) was created to provide technical, research, and fiscal services to members of the Ohio General Assembly. Bill documents, budget documents and status reports on pending legislation are several of the resources available at LSC’s Web site.

www.lsc.state.oh.us/index.html

Ohio Ethics Commission (OEC)

This commission reviews ethical issues in regard to elected officials, candidates for elected office and other public persons and has jurisdiction over honoraria. The Ohio Ethics Commission works with public officials, candidates and employees at the state and local levels of government, while the Joint Legislative Ethics Committee works with members and employees of, and candidates for, the general assembly, and employees of the Legislative Service Commission. The Board of Commissioners on Grievances and Discipline (see above) handles ethical questions for judges and judicial candidates. The personal financial disclosure statements of public officials and candidates are on file at the appropriate agency.

Ohio Ethics Commission 8 E. Long St., 10th Floor Columbus, OH 43215-2940 (614) 466-7090 www.ethics.state.oh.us



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]

Ohio Dept. of Job and Family Services 30 E. Broad St., 31st Floor Columbus, OH 43266 (614) 644-0140 www.state.oh.us/odjfs

Ohio Municipal League (OML)

The OML was organized by city and village officials who saw the need for a statewide association to serve the interests of Ohio municipal government. Any city or village may become a member. Among the various resources the OML provides is a list of all Ohio municipalities having a charter in place as well as a list of statutory cities.

Ohio Municipal League 175 S. Third St., Suite 510 Columbus, Ohio 43215 (614) 221-4349 www.omunileague.org

Chapter 16: Transition Funds




TRANSITION FUNDSOfficeholders 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 FirstPrior 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.

A transition fund may be established by an officeholder pursuant to the following circumstances.

If elected at a General Election:

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.

If elected at a Special Election:

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 AccountThe 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.

Where to File ReportsAlthough transition funds may be established by officeholders at all levels – e.g. municipal, county, state, etc. – the disclosure reports of all transition funds must be filed by electronic means with the secretary of state.

[R.C. 3517.1014 (D)(2)]

When to File ReportsFor the initial disclosure filing, the treasurer of a transition fund must file a full, true, and itemized report of all donations received and disbursements made from the creation of the transition fund to the close of business on the fifth day before the statement is required to be filed on the following dates:

The fifteenth (15th) day of January of the calendar »year following the general election at which the officeholder was elected, or,

If the officeholder was elected at a special election »or appointed to office, the sixty-fifth (65th) day after the transition fund is created.

Further reports are required to be filed on the fifteenth (15th) of each subsequent month of the fund’s existence to reflect donations received and disbursements made from the close of business on the last day reflected in the last previously filed report to the close of business on the fifth (5th) day before the subsequent statement is required to be filed.

FILING SCHEDULE EXAMPLE:

A candidate considered to be the winner based on unofficial results

from a November General election creates a transition fund on

December 1st. The initial disclosure filing will be due on January 15th to cover details from December 1st through

January 10th.

The second disclosure filing will be due on

February 15th to cover activity from January 11th through February 10th.



What to FileEach disclosure filing is required to be submitted using an online filing system and all of the following information must be provided:

The full name and address of the treasurer filing the report, and; A.

The full name and address of the officeholder benefitting from the transition fund, and;B.

The balance brought forward from the most recent filing, if any, and;C.

A statement of donations received, which shall include all of the following:D.

The month, day, and year on which each donation was received;1.

The full name and street address of each donor;2.

The nature of each donation, if other than money;3.

The value of each donation in dollars and cents; and4.

If applicable, the name of the donor’s current employer, or, if the donor is self-employed, 5. the donor’s occupation and the name of the donor’s business.

A statement of disbursements, which shall include all of the following:E.

The name and address of the recipient of each disbursement;1.

The date of each disbursement;2.

The amount of each disbursement;3.

The purpose for which each disbursement was made; and4.

The date the transition fund incurred the cost for which the disbursement was made.5.

The balance remaining in the fund at the close of the reporting period.F.

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.



DonationsDonations 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 LimitsDonations 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)]

DisbursementsA 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)]

These costs may include any of the following:

Office expenses (e.g. leases, supplies) »

Salaries for transition personnel »

Consulting fees »

Food, beverages, and entertainment at an inaugural celebration. »

The above-mentioned terms of legitimate and verifiable, ordinary and necessary are defined as follows:

Legitimate conforming to recognized principles or accepted rules and standards;

Verifiable able to be proven true, confirmed or authenticated;

Ordinary taking place according to customary occurrences or procedures;

Necessary appropriate and helpful to accomplishing a particular end.



ProhibitionsDonations 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)]

Closing the Transition FundAfter the payment of all costs incurred for transition activities and inaugural celebrations, the treasurer of the transition fund shall dispose of any money or assets remaining in the transition fund prior to terminating the fund by doing either of the following:

Giving the amount, pro rata, to all persons who made donations to that transition fund as a 1. refund of all or part of their donations;

Giving the amount to a non-profit corporation that is exempt from federal income taxation 2. 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.

Chapter 17: Frequently Asked Questions




FREQUENTLY ASKED QUESTIONS

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.

Forms and Instructions


30-A R.C. 3517.10

Ohio Campaign Finance ReportPrescribed by Secretary of State 3/05

_

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 lNo 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.

______________________________________________________ _____________________________________________________ ________________________Print Name and Title (Treasurer and Deputy Treasurer only) Signature Date

Full Name of Committee Registration Number, if PAC

Full Name of Candidate

Street Address Office Sought District

City State Zip Code

Type of Report(place X to the left of report type)

Pre-Primary Post-Primary Pre-General Post-GeneralAnnual Year_________

JulyMonthly

August Monthly

September Monthly Termination

Semiannual _________

Amended Report? l Yes l No Report Electronically Filed? l Yes l No Date of ElectionM D Y

1. Amount brought forward from last report $ .

2. Total monetary contributions (From Form No. 31-A) $ .

3. Total other income (From Form No. 31-A-2) $ .

4. Total funds available (sum of lines 1, 2, 3) $ .

5. Total monetary expenditures (From Form No. 31-B) $ .

6. Balance on hand (line 4 minus line 5) $ .

7. Value of in-kind contributions received (From Form No. 31-J-1) $ .

8. Value of in-kind contributions made (From Form No. 31-J-2) $ .

9. Outstanding loans owed by committee (From Form No. 31-C) $ .

10. Outstanding debts owed by committee (From Form No. 31-N) $ .

11. Outstanding loans owed to committee (From Form No. 31-K) $ .

12. Value of independent expenditures made (From Form No. 31-U) $ .

13. For Electronic Filing Entities only Sum of lines 2, 7, and amount of any new loans received this period. $ .

Contribution pages__________

Expenditure pages__________

Other pages___________

Total pages_____________

Ohio Secretary of State’s Office A-3


This form has been designed so that candidates’ campaign committees, legislative campaign committees, political action committees (PACs), political contributing entities (PCE) and political parties all use the same form. Cover pages identify who filed the report and what reporting period is covered. They also summarize the details inside the report. Do not use the cover page as a substitute for listing information on the appropriate form. For example, do not explain about receiving interest on the cover page; report the interest on the Other Income form. Candidates who qualify may file a Cover Page only report per R.C. 3517.10(H). The registration number of a statewide PAC should appear on each report, addendum or piece of correspondence. The State block should be completed with the U.S. Post Office’s standard two-letter abbreviation. For example, Ohio would appear as OH. The Date block should be completed with six digits. For example, March 9, 2009, would appear as 03 09 09. The Amended Report box should be marked “Yes” only if the report is being filed to correct, add to, or in some way change a report that has already been filed. Do not combine a correction report (addendum) with an original filing. For example, do not attach canceled check copies from a prior report to a subsequent report. The Report Electronically Filed box should be marked if the report was filed electronically. The cover page is the means by which a committee may terminate. If the committee has no debts, no loans and no balance on hand, and the committee wishes to close, mark the box next to the word “termination.” Only statewide candidates file monthly reports. They do so only in the year in which they run for election. The first 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.

The monetary totals on Lines 1 through 6 should include only contribution, expenditure and loan activity that transpired through the committee’s separate bank account(s). A candidate’s report must be signed by the treasurer or deputy treasurer. If a treasurer was not appointed, the candidate is the treasurer. It may be helpful to designate a deputy treasurer in the event that the treasurer is not available to sign the report at the time of a filing deadline. The candidate cannot sign the report unless he or she is the treasurer or deputy treasurer [R.C. 3517.081, 3517.10(C), (D)]. PAC, PCE political party and legislative campaign committee reports must be signed by either a treasurer or deputy treasurer. The original signature of the treasurer or deputy treasurer must appear. Electronic Filing Entities Only - State PACs, state PCEs, political parties, legislative campaign committees and campaign committees of general assembly and judge of a court of appeals candidates must list on line 13, the sum of lines 2, 7 and the amount of any new loans received this period. This calculation is necessary to determine the amount of total contributions for purposes of deciding if a committee has reached the electronic filing thresholds in R.C. 3517.106. Cover Page numbering guide Contribution pages - Forms 31-A, 31-E, 31-J-1, 31-G, 30-C, 31-P, 31-R, 31-T Expenditure pages - Forms 31-B, 31-F, 31-J-2, 31-I, 31-M, 31-U Other pages - Forms 30-A, 31-C, 31-N, 31-K Receipt pages are not included in the Total Pages. The pages of the report should be numbered consecutively in the top right corner with the Cover as page one.

Ohio Campaign Finance Report (Cover Page) — Form 30-A

Page ________

Page Total $ ________

30-B-1 R.C. 3599.03

Contributions from a Corporation or Labor Organization Supporting or Opposing Ballot Issues*

Prescribed by Secretary of State 3/05

* Includes in-kind contributions made.

THE INFORMATION CONTAINED IN THIS REPORT IS MADE UNDER PENALTY OF ELECTION FALSIFICATION. WHOEVER COMMITS ELECTION FALSIFICATIONIS GUILTY OF A FELONY OF THE FIFTH DEGREE.

______________________________________________________ _____________________________________________________ ________________________Print Name and Title Signature Date

Name of Corporation or Labor Organization

Street Address

City Sta te Zip Code

Type of Report(Place X to the left

of report type)Pre-Primary Post-Primary Pre-General Post-General Pre-Special

Date of ElectionM D Y

Post-Special

Receiving Committee

Address Ballot Issue Description M D Y Amount

City State Zip Code Cash, Check, Item or Service

Receiving Committee



Receiving Committee



Receiving Committee





This form is used when a corporation or labor organization makes a contribution directly from its treasury to a ballot issue or levy committee. The contribution may be either monetary or inkind.

The 30-B-1 form is filed with the secretary of state for statewide issues. If the ballot issue is not a statewide issue, the form is filed with the appropriate county board(s) of elections. [R.C. 3517.11(A), 3599.03(C)].

The corporation or labor organization is responsible for filing this form when required.

The Receiving Committee block should reflect the ballot issue committee information.

If the contribution was in-kind, a description of the item or service should be placed in the Cash, Check, Item or Service block.

If the contribution was monetary, cash or check should be indicated.

The Date block should be completed with six digits. For example, March 9, 2009, would appear as 03 09 09.

The State block should be completed with the U.S. Post Office’s standard two-letter abbreviation. For example, Ohio would appear as OH.

A pre-election filing is due by 4 p.m. 12 days before an election if $1,000 or more in money or benefits was contributed by the 20th day before the election.

A post-election filing is due by 4 p.m. 38 days after the election if:

1. Money or benefits were contributed totaling less than $1,000 by the 20th day before the election and no pre-election filing was made; or

2. Any money or benefits were contributed between the 20th day before the election and the 31st day after the election.

If a PAC sponsored by a corporation or labor organization makes the contribution rather than the corporation or labor organization itself, the expenditure should appear in a PAC report, not on this form.

If a political contributing entity (PCE) makes a contribution, the expenditure should appear on the PCE report, not on this form.

The form may be signed by any member of the corporation or labor organization.

Contributions from a Corporation or Labor Organization Supporting or Opposing Ballot Issues — Form 30-B-1

Page ________


30-B-2 R.C. 3517.105

Independent Expenditures from a Corporation or Labor

Organization Supporting or Opposing Ballot Issues*Prescribed by Secretary of State 3/05

* Independent expenditures do NOT include in-kind contributions made.

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.

______________________________________________________ _____________________________________________________ ________________________Print Name and Title Signature Date

Name of Corporation or Labor Organization

Street Address


Type of Report(Place X to the left of

report type)Pre-Primary Post-Primary Pre-General Post-General Annual Semiannual


Pre-Special Post-Special

Ballot Issuel Supportl Oppose

To Whom Paid

Address Purpose M D Y Amount

City State Zip Code


To Whom Paid


City State Zip Code


To Whom Paid


City State Zip Code



For the purpose of this form, an independent expenditure is an expenditure for or against a ballot issue that is not made with the consent of, or coordinated with, a political action committee (PAC) organized to support or oppose the ballot issue or the PAC’s agent. If the item or service provided was made with the consent of, or coordinated in some manner with, a registered ballot issue PAC, it should instead be reported on Form 30-B-1 as an in-kind contribution [R.C. 3517.01(B)(17)].

This form is not filed as a part of a campaign finance report.

Different forms exist for PACs and political contributing entities (PCEs) that file campaign finance reports. If a PAC sponsored by a corporation or labor organization or a PCE makes the expenditure rather than the corporation or labor organization itself, the expenditure should appear on Form 31-U in a PAC or PCE report, not on this form.

The Ballot Issue block should identify the ballot issue that is being supported or opposed.

The To Whom Paid block and the address should reflect the name and address of the vendor from whom the goods or services were purchased.



The 30-B-2 form is filed with the secretary of state for statewide issues. If the ballot issue is not a statewide issue, the form is filed with the appropriate county board(s) of elections. (R.C. 3599.03)

A pre-election filing is due by 4 p.m. 12 days before an election if $1,000 or more in independent expenditures were made (including benefits provided) by the 20th day before the election.


1. Independent expenditures were made (including benefits provided) totaling less than $1,000 by the 20th day before the election and no pre-election filing was made; or

2. Any independent expenditures were made (including benefits provided) between the 20th day before the election and the 31st day after the election.

A Semiannual filing is due by 4 p.m. on the last business day of July if any independent expenditures were made (including benefits provided) between the last day reflected in the previously filed statement, if any, to the close of business on the last day of June of that year.

An annual filing is due by 4 p.m. on the last business day of January if any independent expenditures were made (including benefits provided) after the 31st day after the election and December 31.

Any member of the corporation or labor organization may sign the form.

Independent Expenditures from a Corporation or Labor Organization Supporting or Opposing Ballot Issues — Form 30-B-2

Page ________

30-C R.C. 3517.10

Two-Business-Day StatementPrescribed by Secretary of State 3/05

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 formwhich may be faxed to (614) 752-4360.


Full Name of Committee

Street Address

City State Zip Code

Full Name of Contributor Registration Number, if PAC

Street Address Employer/Occupation/Labor Organization*

City State Zip Code M D Y Aggregate Amount















The campaign committees of the joint candidates for the office of governor and lieutenant governor or for the office of secretary of state, auditor of state, treasurer of state, attorney general, chief justice, or justice of the supreme court must complete this form during the year in which they appear on the ballot if, between the 19th day before the general election through the day of the general election, the committee receives from a contributor one or more contributions aggregating $10,000 or more during that period.

The form must be filed with the secretary of state’s office within two business days of receipt of the contribution. The campaign committees of legislative or state board of education candidates are not included in this requirement.

Except for FSL PACs, this is the only form that may be sent by facsimile (fax). The fax number is (614) 752-4360.



The contributions listed on this form must also be disclosed in the next-filed campaign finance report.

Two-Business-Day Statement — Form 30-C

30-D R.C. 3517.10

Designation of TreasurerPrescribed by Secretary of State 07/05

_________________________________________________________________________________ ____________________________Signature of Treasurer Date

Reason(s) for filing this form:l Original Designation of Treasurer/Acknowledgement of Appointmentl Change of Treasurer/Acknowledgement of Appointmentl Designation or change of Deputy Treasurerl Change of Address for ___________________________________________________________________

l Change of Committee name. The previous name was: ________________________________________________________

l Change of Filing Location. The previous location was: _________________________________________________________

The new location is: _______________________________________________________________

l Change of Office Sought from _____________________________ to ________________________________________

l Other. Please explain: ____________________________________________________________________________________

All CommitteesFull Name of Committee

Street Address Telephone Number e-mail Address

City State Zip Code FAX Number

Full Name of Treasurer



Full Name of Deputy Treasurer (if any)



Candidate’s Campaign Committees OnlyFull Name of Candidate Party Affiliation/Independent/Non-Partisan

Street Address Office Sought Subdivision/District

City State Zip Code Election Year

Signature of Candidate Date

Political Action Committees OnlyIs the PAC sponsored by a labor organization or corporation?

l No l Yes.

If Yes, name the sponsor Acronym, if any

PAC Registration Number

Authorized Signature Date List any affiliated PACs

Political Parties, Political Contributing Entities, or Legislative Campaign Funds OnlyAuthorized Signature Date Ballot Issue PAC?

l Yes l No



A Designation of Treasurer form must be filed before a candidate’s campaign committee, political action committee (PAC), political contributing entity (PCE), legislative campaign fund or political party makes any expenditures or receives any contributions. It is recommended that candidates who do not anticipate receiving or spending anything also file this form. [R.C. 3517.10(D)]

This form has been designed so that candidates’ campaign committees, legislative campaign committees, political action committees, political contributing entities and political parties all use the same form. Each type of committee should complete the top third of the form. Note that a street address, not a post office box is required in all addresses.


A candidate, legislative campaign committee, PAC, PCE or political party registers by filing a Designation of Treasurer form. Thereafter, the form is used to update basic information. For example, if a committee has already registered, but subsequently changes its address, the Designation of Treasurer form is used to update the information. In addition to address changes, the form can be used to update a committee name change, a treasurer or deputy treasurer change, change of place of filing or to indicate that a candidate is running for a different office. The appropriate box at the bottom of the form should be marked to reflect why the form is being filed. The form should be completed in full each time it is filed.

A Designation of Treasurer form should not be filed as part of a report. It is a separate filing. It is not required whenever a report is filed.

Political action committees filing with the secretary of state that have not yet been assigned a registration number may leave that block empty.

The name of a candidate’s campaign committee must include the last name of the candidate. A candidate may have only one campaign committee.

If a committee wishes to change its place of filing, it does not have to terminate the committee. For example, a candidate or PAC may decide to change its focus from the local level to the statewide level. The committee may send an original Designation of Treasurer form to register with the new place of filing, while sending a photocopy of the form to the old place of filing so that no further reports are expected at the prior location. The box indicating a change in the place of filing should be checked.

A PAC must indicate whether it is a “ballot-issue PAC.”

Candidates must, and the treasurers should, sign their Designation of Treasurer forms. Any authorized person may sign PAC, PCE and political party forms.

When a treasurer or deputy treasurer resigns or is replaced, a revised Designation of Treasurer form should be filed immediately. The fact that the previous treasurer’s name is no longer listed will indicate that he or she no longer holds the position.

Designation of Treasurer — Form 30-D

30-D-1 R.C. 3517.106

Electronic Filing RegistrationPrescribed by Secretary of State 02/01

All CommitteesFull Name of Committee

Street Address Telepone Number

City State Zip Code PAC Registration Number (if any)

Full Name of Candidate (if any) Office Sought (if any)

Email Filers Only - Email Addresses Authorized to Submit Campaign Finance Reportsemail Address #1 (Required) Individual Associated with this Address

email Address #2 (Optional) Individual Associated with this Address

email Address #3 (Optional) Individual Associated with this Address

All CommitteesSignature of Candidate or Treasurer Date



This form is used by the secretary of state’s office to register a committee to file its campaign finance reports electronically pursuant to R.C. 3517.106. Only the committees of candidates for statewide office, candidates for general assembly, candidates for judge of a court of appeals, state political parties, county political parties (when required by law), legislative campaign funds, state political action committees (PACs) or state political contributing entities (PCEs) are to use this form. This form does not replace or substitute for a Designation of Treasurer form. A committee still must file a Designation of Treasurer Form 30-D prior to receiving contributions or making expenditures.

Committees wishing to file campaign finance reports electronically utilizing either the Online Internet or the Email filing options must submit this form to the secretary of state’s office prior to attempting to file.

All committees that register to file electronically will receive from the secretary of state’s office a user name, password, and an electronic signature unique to the committee.

The full committee name, address, etc. must be the same as those listed on the committee’s most recent Designation of Treasurer (Form 30-D). An updated 30-D should be filed if the committee information, i.e. address or treasurer(s) changes. All committees should complete this section.

Committees filing reports via the E-mail option will need to complete the bottom section of the form. As a security feature to prevent the filing of false reports, email submissions must come from a designated pre-authorized email address. A committee may designate up to three email addresses as authorized submission addresses. The name of the individual associated with the email address should also be indicated.

This form must be signed by either the candidate or treasurer of the committee and filed directly with the Ohio secretary of state’s office.

Electronic Filing Registration — Form 30-D-1

Page ________


30-E R.C. 3517.105

Independent Expenditures Made by Individuals, Partnerships or Other Entities*


*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)

Name of Individual, Partnership or Other Entity

Street Address

City State Zip Code

Type of Report(Place X to the left of report type)

Pre-Primary Post-Primary Pre-General Post-General Annual


Pre-Special Post-Special Semiannual

Candidate or Ballot Issue l Support l Oppose

If Candidate, Office Sought

To Whom Paid


City State Zip Code



To Whom Paid


City State Zip Code



To Whom Paid


City State Zip Code



For the purpose of this form, an independent expenditure is an expenditure for or against a candidate or ballot issue that is not made with the consent of, or coordinated with, the candidate’s campaign committee, a registered PAC, a political contributing entity (PCE) or its agent. If the item or service provided was made with the consent of, or coordinated in some manner with, the benefiting committee, no reporting requirement exists for individuals or partnerships that do not constitute a committee [R.C. 3517.01(B)(17)].

If independent expenditure(s) of less than or equal to $100.00 were made for or against a ballot issue, no form is required to be filed. [R.C. 3517.105(C)(2)(b)]

This form stands alone and should not be filed by a corporate PAC, labor organization, other type of PAC, PCE, legislative campaign fund or political party. Committees that file campaign finance reports should file Form no. 31-U, not 30-E. Corporations and labor organizations cannot make independent expenditures in

regard to candidates. If corporations or labor organizations make independent expenditures in regard to ballot issues, they should file Form no. 30-B-2.



A pre-election filing is due by 4 p.m. 12 days before an election if $1,000 or more in independent expenditures were made (including benefits provided) by the 20th day before the election.


1. Independent expenditures were made (including benefits provided) totaling less than $1,000 by the 20th day before the election and no pre-election filing was made; or

2. Any independent expenditures were made (including benefits provided) between the 20th day before the election and the 31st day after the election.

A Semiannual filing is due by 4 p.m. on the last business day of July if any independent expenditures were made (including benefits provided) between the last day reflected in the previously filed statement, if any, to the close of business on the last day of June of that year.

An annual filing is due by 4 p.m. on the last business day of January if any independent expenditures were made (including benefits provided) between the 31st day after the election and December 31.

Independent Expenditures Made by Individuals, Partnerships or Other Entities — Form 30-E

Page ________


31-A R.C. 3517.10

Statement of Contributions ReceivedPrescribed by Secretary of State 03/05

* 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)]

Name of Committee in Full


Street Address Employer/Occupation/Labor Organization* Form (Cash, Check, etc.)

City State Zip Code M D Y Amount






















Reset Form



The Statement of Contributions lists all money received except interest income, loans, refunds or prior expenditures that are returned to the committee [R.C. 3517.10(B), (D)].

Every contributor’s name, address and amount contributed must be listed except contributions of $25 or less received at specific fund-raising events. The treasurer must still keep records of these contributions even if they are not required in the report.

Political parties are exempt from listing contributor addresses.

If a contribution is received via periodic payroll deduction, the committee may list the aggregate dollar amount received during the reporting period in the Amount field. As the date received, the committee may use the date range of the pay period or the date of the last pay period in which the contribution was received.



The date of a contribution is the date that an agent of the committee receives the contribution. It is not the date of deposit or the date on the check.

A complete street address including a zip code must be provided. The form in which the contribution is received must be indicated, such as check, cash or money order. Cash means currency or coin.

A contribution received from a statewide PAC must list its registration number. A contribution from a Federal PAC may include the Federal PAC registration number. The registration number block may also be used to list that a contribution was received from a political contributing entity (PCE) or local PAC, neither of which have a registration number.

Legal professional associations and other professional associations that have incorporated and limited liability corporations are not “corporations” under R.C. 3599.03 and are not prohibited from contributing to partisan elections [OEC Adv. No. 96-03].

For reporting purposes, these entities are considered unincorporated associations or, if applicable, partnerships. If a contribution is received from a partnership, unincorporated business or unincorporated association, the name of the person making the contribution as well as the company name must be provided.

You should not list the names of two contributors in the Full Name of the Contributor field. Each contribution received from individuals must be attributed to a single person. When a check has more than one individual listed on it, ask who the actual contributor is or list the person who signed the check. (O.A.C. 111-5- 21)

Contributors may not remain anonymous by request. If a contributor 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 committee to identify the contributor.

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 contributor’s identity. This information should appear in the address portion of the contribution page entry. If fund-raising events are held during a reporting period, the total amount of contributions received during each event is transferred to this form from the Statement of Contributions for a Social or Fund-Raising Event. If public officeholders receive employee contributions, other than at a fund-raising event, the total should be transferred to this form from the Contributors in Officeholder’s Employ form. A transfer is done by placing the words “Total contributions from Form no. 31-E,” or “Total employee contributions,” as appropriate to the situation, in one of the lines marked Full Name of Contributor.

The total of all the Statement of Contributions pages should appear on line two of the cover page. The Employer/Occupation/Labor Organization block must be used by statewide or general assembly candidates when they have received individual contributions greater than $100. If the contributor is self-employed, the occupation and the name of the individual’s business, if any, rather than the employer, should be provided. However, all filers may use the block for contributions received in any amount from a partnership or unincorporated business when the name of the person as well as the business is required to be provided.

Statement of Contributions Received — Form 31-A

31-A-2 R.C. 3517.10(B)

Statement of Other IncomePrescribed by Secretary of State 2/01

* 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.


Full Name Registration Number, if PAC

Address Type* Contributor Type3

(3 letter code)M D Y Amount

City State Zip Code Form (Cash, Check, etc.)





























Page ________




The Statement of Other Income lists all interest income, the total of all loans received in the current reporting period, refunds and all prior expenditures that are returned to the committee.

A complete street address including zip code, should be provided. Bank entries need only the city and state. The form in which the contribution is received must be indicated, such as check, cash or money order. Cash means currency or coin.



The Type block should reflect one of the two letter codes. “RE” should appear if the Other Income consists of a refund, an uncashed check or the committee’s own insufficient funds check. “IN” should appear if the Other Income consists of investment or interest income earned by the committee. “SA” should appear if the Other Income has been received from the sale of committee assets. “LN” should appear if the Other Income consists of payments on a loan.

A check from a contributor that was not honored by the bank should be itemized on the Statement of Expenditures.

If loans are received during a reporting period, their total is transferred to this form from the Statement of Loans Received form. If payments are received on loans owed to the committee, their total is transferred to this form from the Statement of Loans Received form.

The total of all the Statement of Other Income pages should appear on line three of the cover page.

Statement of Other Income — Form 31-A-2

31-AAR.C. 3517.109(G)

Waiver of Declaration of Filing-Day FinancesPrescribed by Secretary of State 9/99

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.

The _____________________________________ campaign committee established for the candidacy of (Committee’s name)

_______________________________ who is seeking the office of _______________________________ ,(Candidate’s name) (Office sought; if general assembly, or state board of education include district)

to appear on the ballot in the year ___________ attests that:

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

Page ________


31-B R.C. 3517.10

Statement of ExpendituresPrescribed by Secretary of State 2/01


To Whom Paid M D Y Amount

Address Purpose

City State Zip Code Check Number


Address Purpose



Address Purpose



Address Purpose



Address Purpose



Address Purpose



Address Purpose



Address Purpose


$0.00


A-22 Ohio Secretary of State’s Office

The Statement of Expenditures lists the purpose for which funds were used, the name and address of the entity to which the expenditure was made, and the amount and date of each expenditure [R.C. 3517.10(B)].

The date listed for each expense should be the date that a check or other payment instrument is mailed, handed over or transmitted. List each payee’s complete address.


The Purpose block should list the specific reason that the expense was made; purposes such as “expense” or “miscellaneous” are vague, and therefore, not acceptable.


The Check Number block should be completed with the number of the committee check used to make the expenditure. Expenditures made by personal check should not be listed on this form.

Copies of canceled checks or receipts for all expenses more than $25 must be attached to the report. A copy of the bank statement may be used for bank charges more than $25. In the event that the report is due before checks are available, note within the report which checks are outstanding. As soon as the checks are available, they should be filed as an addendum to the report. The addendum should either bear a cover letter or a report cover page clearly indicating what committee is filing and what type of addendum is being filed. Do not wait until the next reporting period to file the addendum to the former report. Do not attach checks from one report to a report from a different reporting period.

If expenses are billed to a credit card, the Statement of Expenditures should not reflect only a single entry to the credit card company. Each underlying date, recipient, amount and purpose must appear. If the committee uses a credit card, a copy of the itemized billing statement or credit card receipt should be attached in addition to a copy of the canceled check to the credit card company.

The administrative, establishment and solicitation expenses paid by a corporate or labor organization sponsor of a PAC should not be listed on this form. (See Form no. 31-I.)

An internal transfer of committee funds or an investment purchase such as a certificate of deposit should not be shown as an expenditure. The money still belongs to the committee and has only been moved into a different account. The campaign finance law does not prohibit committee investments, although such investments may not be in the name of a candidate.

A check from a contributor that is returned because of insufficient funds should be itemized on this form, stating the name, address, amount and reason.

The total expenditures for each fund-raising event should be transferred to this form. A transfer is done by placing the words, “Expenditures from Form 31-F” in the To Whom Paid block along with the amount in the amount block.

Any independent expenditures made by a campaign committee, political party, legislative campaign committee, PAC or political contributing entity must be itemized on Form 31-U.

The total of all Statement of Expenditures pages should appear on line 5 of the cover page.

Statement of Expenditures — Form 31-B

31-BBR.C. 3517.10(K)(1)

Local Candidate Finance Report WaiverPrescribed by Secretary of State 1/98

Due: Ten days after declaration of candidacy, nominating petition, or declaration of intent to be a write-in is filed.

The _____________________________________ campaign committee established for the candidacy of (Committee’s name, if applicable)

_______________________________ who is running for the office of _______________________ , (Candidate’s name) (Office sought)

to appear on the ballot in the year ___________ states the office sought is:

(Choose one applicable option)

___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

___township trustee or township clerk.

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

Page ________

31-C R.C. 3517.10

Statement of Loans ReceivedPrescribed by Secretary of State 3/05


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).

1 Total prior amount $_________________________

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)


From Whom Received Prior Amount Amt. Incurred this Period

Address Outstanding Balance

City St ate Zip CodeLoans Received This Period

Date AmountPayments This Period

Date Amount

Date Loan was originally Incurred

M D Y M D Y $ M D Y $

Registration Number, if PAC M D Y M D Y

Employer/Occupation/Labor Organization* M D Y M D Y





Date Amount









Date Amount







The Statement of Loans Received is used when money is loaned to a committee that is to be repaid. A loan is put into the committee’s separate bank account. If money is owed on an item or service, it is a debt, not a loan and should be reported on the Statement of Outstanding Debt (Form 31-N). Funds loaned to a committee by the candidate that are still outstanding at the end of a reporting period must be reported on this form in order for the candidate to be repaid at a later date. Amounts listed as a contribution cannot be listed later as loans. [R.C. 3517.01(B)(5), 3517.13(O)].

The loan form tracks the status of an incoming loan from the time it is first received until it is either repaid or forgiven. For example, if a loan is received in one reporting period and not repaid for several years, every time a report is filed the loan will appear as outstanding even if there was no current period activity.

Additional loans received from and payments made to the same source should be reflected in the original loan box. If a $1,000 loan was previously received from an individual and then subsequently an additional $500 loan was received from the same source, the additional loan should be reported in the Loans Received this Period block of the original loan. It should not be listed as a new loan.

The Date Originally Incurred space will remain the same every time the loan appears.

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.

If a loan is received from a state or FSL PAC, write the PAC registration number in the PAC Registration Number block.

If the campaign committee of a statewide or general assembly candidate receives a loan over $100 from an individual, the employer/occupation/labor organization block must be completed. If the individual is self-employed, the occupation and the name of the individual’s business, if any, rather than the employer must be listed.

The State block should be completed with the U.S. Post Office’s standard two-letter abbreviation. For example, use ‘OH’ for Ohio.


The total amount of all new loans received within the reporting period must be transferred to the Statement of Other Income (Form 31-A-2). The total of all payments made during the reporting period is transferred to the Statement of Expenditures (Form 31-B). A transfer is done by placing the words “Loan transfer from Form no. 31-C” in one of the lines marked Full Name or “Total loan payments made from Form no. 31-C” in one of the lines marked To Whom Paid, as appropriate to the situation. The total of all outstanding loans owed by the committee should appear on line 9 on the cover page.

Statement of Loans Received — Form 31-C

Page ________

31-CC R.C. 3517.1012

Statement of Political Party Restricted Fund DepositsPrescribed by Secretary of State 3/05

Note: If committee received deposits from corporations or labor organizations, report must be filed electronically with secretary of state.


Name of Donor Registration Number, if PAC

Street Address Form (Cash, Check, etc.)
























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This form is only to be used by a state or county political party. A state or county political party must deposit into its restricted fund all public moneys received from the Ohio political party fund under R.C. 3517.17. Deposits from corporations and labor organizations to a political party restricted fund are permitted as long as they do not exceed $10,000 in a calendar year. The political party restricted fund may also accept deposits from sources other than public funds, corporations or labor organizations.

For reporting purposes, political party restricted fund donations are “deposits” not “contributions.”

If a county political party accepts corporation or labor deposits into its restricted fund, the county political party must file all reports for that fund by electronic means with the secretary of state. [R.C. 3517.1012(B)]

You must list on the Statement of Political Party Restricted Fund Deposits all money received into a political party’s restricted fund except interest income, loans, refunds or prior expenditures that are returned to the committee [R.C. 3517.10(B), (D)] [These should be listed on the Statement of Other Income (Form 31-A-2)].

Every donor’s name and the amount given must be listed. Political parties are exempt from listing donor’s addresses. The treasurer must still keep records of these donor’s addresses even if they are not required in the report.


The Date block should be completed with six digits. For example, March 9, 2009, would appear as 03 09 09. The date of a deposit is the date that an agent of the committee receives it, not the date of the bank deposit or the date on the check.

The form in which the deposit is received must be indicated, such as check, cash or money order. Cash means currency or coin.

A deposit received from a statewide PAC must list its registration number. A deposit from a Federal PAC may include the Federal PAC registration number. The registration number block may also be used to list that a deposit was received from a political contributing entity (PCE) or local PAC, both of which do not have a registration number.

You should not list the names of two donors in the Name of the Donor field. Each deposit received from individuals must be attributed to a single person. When a check has more than one individual listed on it, ask who the actual donor is or list the person who signed the check. (O.A.C. 111-5-21)

Donors may not remain anonymous by request. If a donor does not want to be identified, the donation should not be made. However, if an anonymous donation is received, efforts must be made by the committee to identify the donor. If the efforts are unsuccessful, the donation 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 the deposit page entry.

Moneys in a state or county political party restricted fund may only be disbursed to pay costs incurred for any the categories specified in R.C. 3517.18(A). All disbursements from a political party restricted fund should be reported on Statement of Political Party Restricted Fund Disbursements (Form 31-M). A list of permitted disbursement categories is at the bottom of the form.

Political parties must report their restricted fund activity two times a year. The semiannual report is due by the last business day of July covering all activity through the last day of June, and the annual report is due by the last business day of January covering all activity from the first day of July through the last day of the December of the previous year.

The total of restricted fund deposits received should be transferred to line 2 on the Ohio Campaign Finance Report (Form 30-A)

Statement of Political Party Restricted Funds Deposits — Form 31-CC

31-DDR.C. 3517.106(L)

Electronic Filing Notice of HardshipPrescribed by Secretary of State 5/06

By filing this form, the candidate attests to the following:

1) The campaign committee has had, during the reporting period for the report indicated above, contribution and expenditure activity that, pursuant to R.C. 3517.106, would require the report to be filed by electronic means;

2) If a campaign committee of a statewide candidate, the committee has had less than $25,000 in expenditures during the reporting period for the report indicated above;

3) The campaign committee intends to file the report on paper instead of by electronic means. This report must be received at the secretary of state’s office no later than the applicable deadline prescribed by R.C. 3517.10(A). The report must be accompanied by the fee prescribed by R.C. 3517.106(L) and rule of the secretary of state;

4) Filing the report indicated above by electronic means would constitute a hardship for the candidate or campaign committee.

To Determine the Fee: Count the total number of contribution entries and the total number of expenditure entries in the report. Write these two figures in the margin of the Ohio Campaign Finance Report (Form 30-A). Do not count Loan and Debt entries. Next, multiply the total number of entries by 0.30 to determine the fee due. Attach a check or money order to the report when it is filed, made payable to the Ohio Secretary of State, for the amount calculated.

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


Full Name of Candidate Date of Election M D Y

Street Address Office Sought District

City State Zip Code

Type of Report(place X to the left of report type)

Pre-Primary Post-Primary Pre-General Post-GeneralAnnual Year_________

SpecialJuly Monthly

August Monthly

SeptemberMonthly

Semiannual_________



This form is only to be used by candidates for general assembly, statewide office and court of appeals. Political action committees, political contributing entities, political parties, legislative campaign funds and electioneering communication entities may not file this form.

Candidates for statewide office whose campaign committees have $25,000 or more in expenditures during the reporting period may not file this form. It is to be filed with the secretary of state’s office prior to the filing of the report covered.

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. The Affidavit of Hardship must be filed for each report subject to the requirement to file the report by electronic means. Once this form is filed, the campaign committee is permitted to file the report on paper. A paper report

filed under the Affidavit 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. In addition, 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.

The top portion of the form must be filled out listing the name of the campaign committee, name of candidate, etc. Please indicate which report this affidavit covers, i.e. the pre-primary, the semiannual report, etc.

This form must be notarized prior to submitting it to the secretary of state’s office. The secretary of state’s office will not notarize this form for the candidate. Only the candidate can sign this form.

Electronic Filing Affadavit of Hardship — Form 31-DD

Event Date____________________

Page ________

Page Total $ _________

31-E R.C. 3517.10(B)

Statement of Contributions Receivedat a Social or Fund-Raising Event


* 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

Total contributions this event Total expenditures this event.



Street Address Employer/Occupation/Labor Organization* M D Y Amount

City Sta te Zip Code Form (Cash, Check, etc.)





















The Statement of Contributions for a Social or Fund-Raising Event form is used when a specific event is held on a specific date. It is not uncommon for activity from one event to appear in more than one report because the dates sometimes overlap a reporting deadline [R.C. 3517.10(B)].

The date that the event was held should appear on the line at the top of the page labeled Event Date.

The treasurer is responsible for tracking everything received and expended regardless of whether it must appear within the report. “Passing the hat” or similar practices should not be used unless detailed records are kept. Treasurers are responsible for ensuring that anyone collecting contributions is properly trained to obtain names, addresses, amounts and dates relevant to all contributions. Pursuant to an investigation, the board of elections or secretary of state may request to see an itemized list of all contributors [R.C. 3517.10(D)].

Political parties are exempt from listing contributor addresses.

Ongoing efforts to raise funds, such as continuous sales of T-shirts or cookbooks, are not fund-raising events. All contributions from such methods should appear on the general Statement of Contributions and are not exempt from itemization.

Fund-raising events may not be combined. Each fund-raising event must be reported on its own Statement of Contributions Received at a Social or Fund-Raising Event form and Statement of Expenditures for Social or Fund-Raising Event form.

The names and street address of contributors who give a total of $25 or less at a particular fund-raising event do not have to be itemized in the report. Such an entry should read “Contributors of $25 or less.”

Do not report selling “30 tickets at $10 each.” There is no way to determine how many tickets one person purchased from a statement based on ticket price [R.C. 3517.10(B)(4)(e)].



A contribution received from a statewide PAC must list its registration number. A contribution from a Federal PAC may include the Federal PAC registration number. The registration number block may also be used to list that a contribution was received from a political contributing entity (PCE) or local PAC, both of which do not have a registration number.

The Employer/Occupation/Labor Organization block must be used by Statewide or General Assembly candidates when they have received individual contributions greater than $100. If the contributor is self-employed, the occupation and the name of the individual’s business, if any, rather than the employer, should be provided. However, all filers may use the block for contributions received in any amount from a partnership or unincorporated business when the name of the person as well as the business is required to be provided.

If public officeholders receive employee contributions relative to an event, the total should be transferred to this form from the Contributors in Officeholders’ Employ form. In either case, the contribution should be counted only once.

At the bottom of the fund-raising form is a place to summarize the monetary activity of the event. Only one set of these “summary boxes” should be completed per event during a reporting period. Place the total of all the money received relative to that particular event during the reporting period in the first box. The total contributions received during the event should be transferred to the Statement of Contributions Received (Form 31-A) along with the date of the event. The second box should list the total of the money spent on that event during the reporting period.

Statement of Contributions Received at a Social or Fund-Raising Event — Form 31-E

Page ________

31-EC R.C. 3517.1011

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.


Send this form to :Ohio Secretary of StateCampaign Finance Division180 E Broad St FL 15Columbus OH 43215

Full Name of Individual or Entity Making Electioneering Communication Disbursements

Street Address

City State Zip Code Contact Email

Contact Name Contact Telephone Contact Fax


Authorized Signature Date



This form is to be used by any individual or entity that intends to make disbursements for the direct cost of producing or airing an electioneering communication. Any person that intends to make a disbursement for the purpose of electioneering communications must file this notice with the secretary of state’s office prior to making the first disbursement.

An electioneering communication is any broadcast, cable or satellite communication that refers to a clearly identified candidate and that is made up to 30 days prior to an election at which that candidate will appear on the ballot. The term, “refers to a clearly identified candidate” means the use of the name, nickname or image of the candidate. It also includes an unambiguous reference to the person’s identity, such as the “the governor” or to the person’s status as a candidate.

Printed communications, communications broadcast as news, or candidate debates and forums are not considered electioneering communications. Political communications that are otherwise reportable as an expenditure or independent expenditure are also not considered electioneering communications.

This form may be signed by any authorized person.

Future Filing Requirements

After an individual or entity has filed this form, each time a disbursement or disbursements for the direct cost of producing and airing electioneering communications aggregating in excess of $10,000 during any calendar year are made, the individual or entity shall file, within 24 hours of each disbursement date, a statement containing contribution and disbursement information as well as the name(s) of the candidate(s) (if known) that the electioneering communication identified. Only contributions aggregating $200 or more must be reported. In addition, the statement must include the names and addresses of the persons exercising or sharing direction or control over the activities of the person making the disbursement and the custodian of the books and accounts. This statement must be filed by electronic means with the secretary of state’s office.

Upon receipt of this Notice of Intent, the secretary of state’s office will forward additional information regarding requirements for reporting electioneering communication activity and information on how to file the statements electronically to the address listed.

More information about Electioneering Communication and connected filing requirements is found in R.C. 3517.1011.

Notice of Intent to Make Electioneering Communication Disbursements — Form 31-EC

Event Date _________________

Page ________


31-F R.C. 3517.10

Statement of Expenditures for Social or Fund-Raising EventPrescribed by Secretary of State 2/01

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.



Address Purpose

City Sta te Zip Code Check Number


Address Purpose



Address Purpose



Address Purpose



Address Purpose



Address Purpose



Address Purpose




The Statement of Expenditures for Social or Fund-Raising Events is used when a specific event is held on a specific date. All money spent at the event is listed on this form. Include all expenses that were incurred in relation to the event even if the money is spent before or after the actual date of the fund-raiser. It is not uncommon for activity from one event to appear in more than one report because the dates overlap a reporting deadline [R.C. 3517.08(E), 3517.10(B)(4)(e)].

A street address including a zip code should appear for each expense. Post office entries need only the city and state.



The Check Number block should be completed with the number of the committee check used to make the expenditure. Expenditures made by personal check should not be listed on this form.

The total spent at the fund-raiser should be transferred to the second summary box on a Statement of Contributions for a Social or Fund-Raising Event. The total of the fund-raising event expenses should also be transferred to the general Statement of Expenditures.

Copies of canceled checks or receipts for all expenses more than $25 must be attached to the report. In the event that the report is due before checks are available, they should be filed as an addendum to the report. The addendum should either bear a cover letter or a report cover page clearly indicating what committee is filing and what type of addendum is being filed. Do not wait until the next reporting period to file the addendum to the former report. Do not attach checks from one report to a report from a different reporting period.

If expenses are billed to a credit card, the Statement of Expenditures should not reflect only a single entry to the credit card company. Each underlying date, recipient, amount and purpose must appear. If the committee uses a credit card, a copy of the itemized billing statement or credit card receipt should be attached in addition to a copy of the canceled check to the credit card company.

The total of the expenses for each fund-raising event should be transferred to the general Statement of Expenditures.

Statement of Expenditures for Social or Fund Raising Event — Form 31-F

Page ________


31-G R.C. 3517.10

Contributors in Officeholder’s EmployPrescribed by Secretary of State 2/01

The above are employees of a unit or department under the direct supervision and control of ____________________________________________, who currently holds the public office

of________________________________________. I hereby affirm that each contribution was voluntarily made.

___________________________________________(Signature of Treasurer or Deputy Treasurer)

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.”


Full Name of Contributor

Street Address M D Y Amount



















All employees in any unit or department under the candidate’s direct supervision and control that donate to that candidate must be listed on this form. The form contains a place for the treasurer or deputy treasurer to sign indicating that each contribution was voluntary. As a general rule, this need to separately list employees refers only to employees over whom the officeholder has exclusive rights to appoint and terminate [R.C. 3517.10(C), 75 OAG 017].

No statewide or legislative elected officers, statewide or legislative candidates, their campaign committees, or any other person or entity shall knowingly solicit or accept a contribution on behalf of that candidate or that candidate’s campaign committee from employees whose appointing authority is or would be that statewide or legislative official or who are or would be employed by the same public agency, department, division or office as the statewide or legislative official [R.C. 3517.092(B), (C)].

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].

Public employees may not be solicited for contributions while performing their official duties or while they are in those areas of a public building where official business is transacted or conducted. The term “public employee” does not include any person holding an elective office [R.C. 3517.092(F)].

Some county boards of election will accept computer printouts of employees from the county auditor’s office to fulfill the needs of this form if a statement signed by the treasurer is attached attesting to the voluntary nature of each contributor. The treasurer should first check with the county board of elections to determine if this is acceptable.



The total on these pages is transferred to a Statement of Contributions for a Social or Fund-Raising Event if received in connection with an event. Otherwise, it is transferred to a regular Statement of Contributions Received.

Contributors in Officeholder’s Employ — Form 31-G

Page ________


31-I R.C. 3517.082

Establishment, Administrative and Solicitation Expenses(To be filed only by PACs sponsored by corporations or labor organizations)



Purpose M D Y Amount




















The Establishment, Administrative and Solicitation Expenses form is used only when a corporation or labor organization pays directly or sets up a separate administrative account for expenses for its sponsored PAC that operates pursuant to R.C. 3517.082. An example of an establishment expense would be fees paid to attorneys to form the PAC. Administrative expenses could include items such as bookkeeping, computer or copying equipment. Solicitation expenses are those incurred while requesting PAC contributions. Staff compensation and equipment usage expenses are only reportable when the percent of PAC-related compensation or usage exceeds fifty percent of total.


If the PAC directly pays for the establishment, administration or solicitation expenses, it may not be reimbursed by the sponsor. If the sponsoring corporation or labor organization wishes to pay these costs, it must either do so directly or set up a separate account upon which the PAC may draw to pay such expenses.

This form is filed as part of a PAC’s campaign finance report only when applicable. The total listed on this form is not transferred to any other form. The total of this form should not be included with the total monetary expenditures appearing on line five of the cover page.

Establishment, Administrative and Solicitation Expenses — Form 31-I

Page ________


31-J-1 R.C. 3517.10

In-Kind Contributions ReceivedPrescribed by Secretary of State 03/05

* 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)]


Full Name of Contributor Employer, Occupation, Labor Organization* Registration Number, if PAC

Street Address Description of Item or Service M D Y Fair Market Value

City Sta te Zip Code Received at Fundraising Event?

l YES l NOFull Name of Contributor Employer, Occupation, Labor Organization* Registration Number, if PAC





















l YES l NO



The In-Kind Contributions Received form is used to report when the committee receives items or services. For example, if someone donates postage stamps for use by the committee, the form would show on what date they were received, the name and street address of who gave them, that it was stamps that were received and the fair market value. The date that should be used is the date on which the item was received or benefit occurred [R.C. 3517.01(B)(5), 3517.10(B)(4)].

This form is also used when items or services are purchased by the candidate or someone else on behalf of the committee and for which reimbursement is not requested or desired (“out of pocket” expenses).



In-kind contributions from a person that do not reach an aggregate of $250 relative to a particular fund-raising event do not need to be itemized. Write in the Full Name of the Contributor box, “In-Kind Contributions Received at a Fund-Raising Event $250 or less,” the amount and date.

The Employer/Occupation/Labor Organization block must be used by statewide or general assembly candidates when they have received individual contributions greater than $100. If the contributor is self-employed, the occupation and the name of the individual’s business, if any, rather than the employer, should be provided. However, all filers may use the block for contributions received in any amount from a partnership or unincorporated business when the name of the person as well as the business is required to be provided.

In-kinds should not be included in monetary totals reflected on lines 1 through 6 of the cover page. Contributions of items or services to candidates’ committees or ballot issues that were not coordinated in some manner with the committee are not considered to be in-kind contributions and should not be reported by the recipient. The donor reports them as independent expenditures.

The total of all in-kind contributions received should appear on line 7 on the cover page.

In-Kind Contributions Received — Form 31-J-1

Page ________


31-J-2 R.C. 3517.10

In-Kind Contributions MadePrescribed by Secretary of State 2/01


Recipient Committee

Address Description of Item or Service M D Y Fair Market Value

City State Zip Code

Recipient Committee


City State Zip Code

Recipient Committee


City State Zip Code

Recipient Committee


City State Zip Code

Recipient Committee


City State Zip Code

Recipient Committee


City State Zip Code

Recipient Committee


City State Zip Code



The In-Kind Contributions Made form is used to report that an item or service was given to another committee or used for its benefit. An in-kind contribution occurs when the contributor gives up something or accepts the bill for something.



The Fair Market Value is either the amount of money spent on the item or service given to another committee or the value the item or service would cost if purchased.

Contributions of items or services to a candidate’s committee or a ballot issue that were not coordinated in some manner with the recipient are not considered to be in-kind contributions. The donor should report them as independent expenditures.

The total of all in-kinds made should be transferred to line 8 on the cover page. In-kinds made usually are not included in monetary totals reflected on lines 1 through 6 of the cover page. (Example, committee A gives committee B a computer they no long use.) However if the in-kind item involved the outlay of money, then a corresponding expenditure entry should appear on the Statement of Expenditures form. (Example, committee A buys a computer and gives it to committee B.)

In-Kind Contributions Made — Form 31-J-2

Page ________ 31-K R.C. 3517.10

Statement of Loans MadePrescribed by Secretary of State 2/01

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 Loans this Period $ ___________________________ (also record on Form 31-B)

Total Outstanding Balance $ ___________________________ (also record on cover page)

Total Payments Received this Period $ _______________________ (also record on Forms 31-A-2)


To Whom Made Prior Amount Amt. Loaned this Period


City State Zip CodePayments Received This Period

Date Amount

Date Loan was Originally Made M D Y M D Y $

M D Y

M D Y




Date Amount


M D Y

M D Y




Date Amount


M D Y

M D Y



The Statement of Loans Made form is used only if money is loaned to another committee. It tracks the status of the loan from the time it is first made until it is either repaid or forgiven. For example, if a loan is given in one reporting period and not repaid, then every time a report is filed the loan will appear as outstanding, even though there was no activity during the current period.



The total of all new loans made should be transferred to the Statement of Expenditures. The total of all payments received should be transferred to the Statement of Other Income. A transfer is done by placing the words “Total of loans made from Form no. 31-K” or “Total loan payments received from Form no. 31-K,” as appropriate to the situa¬tion. If the 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.

Statement of Loans Made — Form 31-K

Page ________


31-M R.C. 3517.18, 3517.1012

Statement of Political Party Restricted Fund DisbursementsPrescribed by Secretary of State 03/05

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.


To Whom Paid

Address Purpose (insert number from list below)1

M D Y Amount

City State Zip Code

To Whom Paid


M D Y Amount

City State Zip Code

To Whom Paid


M D Y Amount

City State Zip Code

To Whom Paid


M D Y Amount

City State Zip Code

To Whom Paid


M D Y Amount

City State Zip Code

To Whom Paid


M D Y Amount

City State Zip Code



This form is to be used only by state and county political parties.

Any money disbursed from the political party restricted fund account must be reported on this form. A political party may disburse the funds only for the purposes provided for in the Revised Code or allowed by specific Ohio Election Commission opinions. Each disbursement must indicate the category under which it falls. The list of permitted categories is at the bottom of the form. [R.C. 3517.16-3517.18, OEC Advisory Opinions 88- 03, 88-05, 89-01, 89-02 (part), 89-06, 91-02, 92-02, 94-01, 95- 01, 95-02, 98-01].

Political Party Restricted Fund monies may not be used for the following reasons: to further the election or defeat of any particular candidate or ballot issue, to pay party debts incurred as the result of any election, or to make a payment clearly in excess of the market value of the item or service that is received for the payment.

If a county political party accepts corporation or labor deposits into its restricted fund, the county political party must file all reports for that fund by electronic means with the Secretary of State [R.C. 3517.1012(B)]



The Purpose block should reflect one of the eight numbers listed at the base of the page as choices. Copies of receipts or canceled checks for all disbursements of more than $25 must be attached.

Political parties must report their restricted fund activity two times a year. The semiannual report is due by the last business day of July covering all activity through the last day of June, and the annual report is due by the last business day of January covering all activity from the first day of July through the last day of the December of the previous year.

The total amount of restricted fund disbursements should be transferred to line 5 of the Ohio Campaign Finance Report (Form 30-A)

Expenditures from Political Party Fund Monies — Form 31-M

Page ________ 31-N R.C. 3517.10

Statement of Outstanding DebtsPrescribed by Secretary of State 2/01

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.

Total Payments this Period $ ___________________________ (also record on Form 31-B)

Total Outstanding Balance $ ___________________________ (also record on cover page)


To Whom Owed Prior Amount Amt. Incurred this Period

Address Item or Purpose of Debt Outstanding Balance

City Sta te Zip CodePayments This Period

Date Amount

Date Debt was originally Incurred M D Y M D Y $

Registration Number, if PAC M D Y

Employer/Occupation/Labor Organization* M D Y




Date Amount







Date Amount






Outstanding debts occur when money is owed at the end of the reporting period for items or services, and the invoice has been outstanding for 60 days or more. This 60-day rule is applicable only to vendors and is based on standard billing cycles, not on setting aside or holding of invoices by creditors. If at the end of a reporting period a candidate’s committee owes the candidate money for items given more than 60 days previously, the debt must be listed as outstanding or the candidate cannot later be repaid [R.C. 3517.13(O)].

The debt form tracks the status of each debt from the time it is first incurred until it is either repaid or forgiven. If a debt is incurred in one reporting period and not repaid, every report filed must continue to show the outstanding debt even though there was no activity during the current period. A corporation engaged in business can only forgive a debt owed by a ballot issue committee. Forgiveness of a debt owed by a non-ballot issue committee would be a contribution by the corporation and therefore illegal (R.C. 3599.03)

The Date Originally Incurred space will remain the same however many times the same debt appears in different reports.

When a debt is first incurred, the Prior Amount block will be blank. Thereafter, the Amount Incurred this Period space will generally be left blank unless an additional charge is added to the outstanding balance of a debt.


Date blocks should be completed with six digits. For example, March 9, 2009, would appear as 03 09 09.

If a debt is forgiven, write the word “Forgiven” in the Outstanding Balance space.

The total of all payments made during the reporting period is transferred to the Statement of Expenditures (Form 31-B). The total of all debts forgiven is transferred to the In-Kind Contributions Received form. The total of all out¬standing debts should appear on line 10 on the cover page.

Statement of Outstanding Debts — Form 31-N

Page ________


31-P R.C. 3517.108

Contributions for Debt RetirementPrescribed by Secretary of State 03/05

* 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 deductionand 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)]


Full Name of Contributor Employer/Occupation/Labor Organization* Registration Number, if PAC

Street Address Name of Creditor Enter date of Contribution below

Amount

City Sta te Zip Code M D Y Amount Debt Remaining



Amount




Amount




Amount




Amount




Amount




Amount




This form is for use by statewide and general assembly candidates only.

Contributions received for the purpose of retiring specific debts must be kept in a separate bank account from other funds.

Contributions received to retire debt may only be accepted during the election period immediately following the election period during which the obligation was incurred. (R.C. 3517.108)

Each contribution received must indicate toward which debt it will be applied. This is reflected by completion of the name of creditor block.



The sum of all contributions for Debt Retirement should be transferred to the Statement of Contributions Received Form No. 31-A. Under Full Name of Contributor on Form 31-A, state “Contributions for Debt Retirement.”

Excess funds remaining after the debt(s) is paid can be donated to a 501(c) nonprofit charity or refunded to the contributors. It cannot be donated to the Ohio Elections Commission Fund. Contributions for Debt Retirement may only be made by individuals, PACs, political contributing entities and the campaign committees of other candidates.

Contributions For Debt Retirement — Form 31-P

Page ________

Page Total $ ________Grand Total $ ________

31-RR.C. 3517.107

Federal, State and Local Ohio Resident ReceiptsPrescribed by Secretary of State 2/01

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.




City State Zip Code Form (Cash, Check, etc.) Aggregate for Year





















An FSL PAC that makes a contribution or transfers funds from its federal account to an affiliated Ohio state or local PAC during a calendar year must file this report. (R.C. 3517.107)

The name and address of any Ohio resident that contributed to the FSL’s federal PAC should appear in the “Full Name of the Contributor” box.

The aggregate total amount contributed by each contributor must appear in the “Amount” box. The final page should include the grand total of the amount all contributions listed in the “Grand Total” box.

The Date block should be completed with six digits. For example, March 9, 2009, would appear as 03 09 09. For contributions received during a range of dates, the last date on which a contribution was received should be listed.


This list must be filed with the Secretary of State’s office by the last business day of January of the next calendar year.

Federal, State and Local Ohio Resident Receipts — Form 31-R

Page ________


31-T R.C. 3517.10(B)

Contributors Doing Business with State Elected OfficersPrescribed by Secretary of State 03/05

The above are contributors doing business with ____________________________________________, or anyone authorized to enter into contracts on behalf of that state

elected official who holds the office of________________________________________.

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.”



Full Name of Contributor Contributor Type 2 (This will be a 3-letter code)




















This form is used only by elected statewide officials and general assembly members who receive contributions from persons doing business with them.

A person doing business means anyone who enters into a contract with the state elected officer completing the report or with anyone authorized to enter into a contract on behalf of that officer who receives payments for goods or services in the aggregate of more than $5,000 in a calendar year [R.C. 3517.10(B)(4)(f)(ii)].



The Employer/Occupation/Labor Organization block must be used by statewide or general assembly candidates when they have received individual contributions greater than $100. If the contributor is self-employed, the occupation and the name of the individual’s business, if any, rather than the employer, should be provided.

The total of these pages should be transferred to the general Statement of Contributions Received. 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.

Contributors Doing Business With State Elected Officers — Form 31-T

Page ________


31-U R.C. 3517.105

Independent Expenditures Made by a Campaign Committee, PAC, Political Contributing Entity, Political Party or Legislative Campaign Fund





To Whom Paid


City State Zip Code



To Whom Paid


City State Zip Code



To Whom Paid


City State Zip Code



To Whom Paid


City State Zip Code



To Whom Paid


City State Zip Code



For purpose of this form, an independent expenditure is an expenditure for or against a candidate or ballot issue that is not made with the consent of, or coordinated with, the candidate’s campaign committee, a registered PAC, a political contributing entity or its agent. If the item or service provided was made with the consent of, or coordinated in some manner with, the recipient of the benefit, it should instead be reported as an in-kind contribution [R.C. 3517.01(B)(17)].

Any expenditure by a political party for the purpose of financing communications advocating the election or defeat of a candidate for judicial office must be reported as an independent expenditure on this form. [R.C. 3517.105(D)]

This form is filed as part of a committee’s campaign finance report. Different forms exist for individuals or groups that are not otherwise required to file campaign finance reports.

The Candidate or Ballot Issue block should reflect the name of the person or ballot issue that is being supported or opposed.

The To Whom Paid block and the address should reflect the name and address of the vendor from whom the goods or services were purchased.



The total of all independent expenditures made appears both on the last line of the cover page and as a transfer to Form 31-B for inclusion in the total amount of expenditures.

Independent Expenditures Made by a Campaign Committee, PAC, Political Party or Legislative Campaign Fund — Form 31-U


31-V R.C. 3517.102(E)

Legislative Campaign Fund Excess ContributionsPrescribed by Secretary of State 12/97

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

Name of Legislative Campaign Fund in Full

Street Address


Date of election to which this form relates

M D Y Contributions on hand as of close of business on 7th day before the post-general report was required to be filed.

Amount Excess over limit.If zero, the remainder of the

form, other than the signature line, need not be completed.

Amount

To Whom Disbursed

Address M D Y Amount

City Sta te Zip Code Code1

To Whom Disbursed



To Whom Disbursed



To Whom Disbursed




LCF Excess Contributions (Continued)


To Whom Disbursed



To Whom Disbursed



To Whom Disbursed



To Whom Disbursed



To Whom Disbursed



To Whom Disbursed



To Whom Disbursed



Reset Form



Only a legislative campaign fund (LCF) may use this form. Any legislative campaign fund with total contributions in excess of $162,500 at the close of business on the seventh day before a post-general election report is due must dis¬pose of the excess amount not later than ninety days after the day the post-general election report is required to be filed. Any LCF required to dispose of excess funds is required to file this form by the ninetieth day after the post-general election report is required to be filed. This form is a stand alone report and is not filed as a part of a LCF’s regular campaign finance report [3517.102(E)(2)].

Date blocks should be completed with six digits. For example, December 3, 2009, would appear as 12 03 09.

The full name and address of the individual or entity to whom the excess funds are given must be entered into the appropriate blocks.

The Code block should reflect one of the allowable codes. A “1” should appear if the excess is given to the Ohio Elections Commission Fund. A “2” should appear if the excess is refunded to a contributor (up to, but not exceeding, the total contributed by that contributor). A “3” should appear if the excess is given to a 501(c) corporation.

Either the treasurer or deputy treasurer of record with the Secretary of State’s office must sign this report. The original signature of the treasurer or deputy treasurer must appear.

Legislative Campaign Fund Excess Contributions — Form 31-V

31-W R.C. 3517.109(E), (F)

Permissive Funds Report and Declaration of Filing-Day FinancesPrescribed by Secretary of State 2/01

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.

Declaration of Filing-Day Finances

Permissive Funds ReportNote: This area should be completed by all candidates (Statewide, Senate or House) who must file a Permissive Funds Report.

Disposal of Excess Funds


______________________________________________________ _____________________________________________________ ________________________Print Name and Title (Treasurer and Deputy Treasurer only) Signature Date

Full Name of Committee Office Sought

Street Address District

City State Zip Code

Type of Report (place X to the left of report type) Permissive Funds Report Declaration of Filing Day Finances

Amended Report? l Yes l No Date of ElectionM D Y

1. Amount cash on hand on petition filing deadline $ .

2. Total value of assets (From Form No. 31-X) $ .

3. Total aggregate contributions received $ .

4. Total allowable aggregate contributions received $ .

5. Total excess aggregate contributions (Subtract line 4 from line 3) $ .

6. Applicable carry in limit ($35,000 House of Representatives or State Board of Education candidates, $100,000 Senate candidates, $200,000 statewide candidates)

$ .

7. Sum of cash and assets (Sum of lines 1 and 2) $ .

8. Total permitted funds (Sum of lines 4 and 6) $ .

9. Total excess funds (Subtract line 8 from line 7) $ .

10.Total disposal of excess funds and excess aggregate contributions (Sum of lines 5 and 9) (From form No. 31-Z) $ .

Asset pages__________

Excess Aggregate Contribution pages__________

Disposal of Excess pages__________



This form is used ONLY by the campaign committees of statewide, general assembly and state board of education candidates. Campaign committees of candidates for justice or chief justice of the Supreme Court do not have to file this form. A Permissive Funds Report must be filed by any statewide, general assembly or state board of education candidate who is required to dispose of excess funds or excess aggregate contributions. A Declaration of Filing-Day Finances must be filed by any statewide, general assembly or state board of education candidate who files a declaration of candidacy or nominating petition for a state office. The Declaration of Filing-Day Finances is not necessary if the campaign committee files a Waiver of Declaration of Filing-Day Finances Form No 31-AA [R.C. 3517.109].

Cover pages identify who filed the report and what type of report is being filed. They also summarize the detail inside the report. Do not use the cover page as a substitute for listing information on the appropriate form. For example, do not explain or describe assets on the cover page; report the item(s) on the Statement of Assets Form No. 31-X.

The office sought should be completed for all candidates. In the case of general assembly and state board of education candidates, the district should also be included.

The Date of Election block should be completed with six digits. For example, May 5, 2009, would appear as 05 05 09.

The Type of Report must be indicated. If a candidate is required to file both a Permissive Funds and a Declaration of Filing-Day Finances, both reports should be filed simultaneously under one cover page; simply indicate such by marking both report boxes.

The Amended Report box should be marked “Yes” only if the report is being filed to correct, add to, or in some way change a report that has already been filed. Do not combine a correction report (addendum) with an original filing.

The total of all aggregate contributions received from each contributor during the pre-filing period should be entered in line 3, Total Aggregate Contributions Received. line 4, the Total Allowable Aggregate Contributions Received box should indicate the sum of all contributions received from each contributor during the pre-filing period that did not exceed the appropriate contribution limits outlined in R.C. 3517.102. Total Excess Aggregate Contributions equals the difference between Total Aggregate Contributions Received and Total Allowable Aggregate Contributions.

This cover page must be signed by the treasurer or deputy treasurer of the campaign committee. If a treasurer was not appointed, the candidate is the treasurer. It may be helpful to designate a deputy treasurer in the event that the treasurer is not available to sign the report at the time of a filing deadline. The candidate cannot sign the report unless he or she is the treasurer or deputy treasurer [R.C. 3517.081, 3517.10(C),(D)].

Permissive Funds Report and Declaration of Filing-Day Finances (Cover Page) — Form 31-W

Page ________


31-X R.C. 3517.109(F)

Statement of AssetsPrescribed 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.


Describe Asset Value of Asset




















This form is used ONLY by the campaign committees of statewide, general assembly and state board of education candidates. This form is only filed as part of a Permissive Funds Report and Declaration of Filing Day Finances filing when necessary. It is not ever part of a regularly filed campaign finance report.

The Statement of Assets lists non-monetary assets available to a committee on the filing deadline for the office that the candidate is seeking. Any prepaid, purchased, or donated assets worth $500 or more that will be consumed or depleted during the course of the campaign need to be listed. Some examples of this type of asset include, but are not limited to: postage, prepaid radio, television and newspaper advertising, prepaid rent for campaign headquarters, personal services and prepaid consulting services [R.C. 3517.109(A)(12)]. Items such as computer equipment or furniture that will not be consumed or depleted during the campaign do not need to be listed.

A brief, accurate description of each campaign asset should be entered into the box marked “Describe Asset.” For example: 10 boxes/1000 sheets each of committee stationery or contract for three 60 second ads - WABC radio.

In the Value of Asset box enter the actual cost of any items purchased by the committee or the fair market value for any donated items (in-kind contributions). Only those assets valued at or costing $500 or more need to be listed.

The total of all the Statement of Assets pages should appear on line 2 of the cover page of the Permissive Funds report and Declaration of Filing-Day Finances Form 31-W.

Statement of Assets — Form 31-X

Page ________ 31-Y R.C. 3517.109(E)

Statement of Excess Aggregate Contributions Received During the Election Period



Full Name of Contributor Aggregate Contribution

Street Address Excess Aggregate Contribution

City State Zip Code M D Y Aggregate Contribution


















This form is used ONLY by the campaign committees of statewide, general assembly and state board of education candidates who receive excess aggregate contributions during the pre-filing period. The pre-filing period begins on the same day as the candidate’s primary election period and ends on the day that the candidacy petitions are due for the state office for which the candidate has filed [R.C. 3517.109(A)(9)].

The full name and address of any contributor who gave aggregate contributions during the pre-filing period in excess of the contributions limits in R.C. 3517.102 should be entered in the Full Name of Contributor and Address blocks. The name of contributors who gave multiple contributions during the pre-filing period must be entered only once. The total of all contributions from a single contributor during the pre-filing period is entered in the Aggregate Contribution block.

Example:

Mary Miller 999 Beech Drive Dublin, OH 43016

Agg. Contr.$2,600 Excess Agg. $100

Enter the portion of the aggregate contribution that exceeds the contribution limit in the Excess Aggregate Contribution block.

Statement of Excess Aggregate Contributions Received During the Election Period — Form 31-Y

Page ________


31-Z R.C. 3517.109(E), (F)

Statement of Disposal of Excess Funds and Excess Aggregate Contributions




To Whom Funds or Asset Given M D Y Value

Address Describe Funds or Asset Given

City State Zip Code Code1





















This form is used ONLY by the campaign committees of statewide, general assembly and state board of education candidates who must dispose of excess funds or excess aggregate contributions.

This form is used to list the methods by which excess funds and excess aggregate contributions were disposed. The excess amount disposed of may be in the form of campaign funds or campaign assets.

The full name and address of the individual or entity to which the funds or assets are given must be entered into the appropriate blocks.

Date blocks should be completed with six digits. For example, May 20, 2009, would appear as 05 20 09.

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.

A description of the funds or asset(s) should be briefly but completely stated in the Describe Funds or Asset Given block. For example: Check #1234 - campaign funds or (100) 32 cent U.S. Postal stamps.

The Code block should reflect one of the allowable codes. A “1” should appear if the excess is given to the Ohio Elections Commission Fund. A “2” should appear if the excess is refunded to a contributor (up to, but not exceeding, the total contributed by that contributor). A “3” should appear if the excess is given to a 501(c) corporation.

The total of all the Statement of Disposal of Excess Funds and Excess Aggregate Contributions should appear on line 10 of the Permissive Funds Report and Declaration of Filing-Day Finances, Form 31-W.

Statement of Disposal of Excess Funds and Excess Aggregate Contributions — Form 31-Z

Form 30-TR.C. § 3517.1014

Transition Funds Only

State

Full Name of Treasurer of Transition Fund

State

Signature of Officeholder

Signature of Treasurer of Transition Fund

Date of Election or Appointment


Establishment of Transition Fund

Designation of Transition Fund Treasurerand

Office to which Officeholder Elected or Appointed

Municipality / Subdivision / District

YES

If YES, reason for amendment:

County or Counties in Which Office is Located *

* If a statewide office, please insert "ALL"

Street Address

Full Name of Officeholder for Whom Transition Fund is Established

Telephone Number

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.

City

Street Address

City Zip Code

E-Mail Address

FAX NumberZip Code

Date

Date

Is this an amended filing? NO

Ohio Revised Code Campaign Finance Laws


Ohio Secretary of State’s Office B-3


3501.01 Definitions

As used in the sections of the Revised Code relating to elections and political communications:

(A) “General election” means the election held on the first Tuesday after the first Monday in each November.

(B) “Regular municipal election” means the election held on the first Tuesday after the first Monday in November in each odd-numbered year.

(C) “Regular state election” means the election held on the first Tuesday after the first Monday in November in each even-numbered year.

(D) “Special election” means any election other than those elections defined in other divisions of this section. A special election may be held only on the first Tuesday after the first Monday in February, May, August, or November, or on the day authorized by a particular municipal or county charter for the holding of a primary election, except that in any year in which a presidential primary election is held, no special election shall be held in February or May, except as authorized by a municipal or county charter, but may be held on the first Tuesday after the first Monday in March.

(E)(1) “Primary” or “primary election” means an election held for the purpose of nominating persons as candidates of political parties for election to offices, and for the purpose of electing persons as members of the controlling committees of political parties and as delegates and alternates to the conventions of political parties. Primary elections shall be held on the first Tuesday after the first Monday in May of each year except in years in which a presidential primary election is held.

(2) “Presidential primary election” means a primary election as defined by division (E)(1) of this section at which an election is held for the purpose of choosing delegates and alternates to the national conventions of the major political parties pursuant to section 3513.12 of the Revised Code. Unless otherwise specified, presidential primary elections are included in references to primary elections. In years in which a presidential primary election is held,

all primary elections shall be held on the first Tuesday after the first Monday in March except as otherwise authorized by a municipal or county charter.

(F) “Political party” means any group of voters meeting the requirements set forth in section 3517.01 of the Revised Code for the formation and existence of a political party.

(1) “Major political party” means any political party organized under the laws of this state whose candidate for governor or nominees for presidential electors received no less than twenty per cent of the total vote cast for such office at the most recent regular state election.

(2) “Intermediate political party” means any political party organized under the laws of this state whose candidate for governor or nominees for presidential electors received less than twenty per cent but not less than ten per cent of the total vote cast for such office at the most recent regular state election.

(3) “Minor political party” means any political party organized under the laws of this state whose candidate for governor or nominees for presidential electors received less than ten per cent but not less than five per cent of the total vote cast for such office at the most recent regular state election or which has filed with the secretary of state, subsequent to any election in which it received less than five per cent of such vote, a petition signed by qualified electors equal in number to at least one per cent of the total vote cast for such office in the last preceding regular state election, except that a newly formed political party shall be known as a minor political party until the time of the first election for governor or president which occurs not less than twelve months subsequent to the formation of such party, after which election the status of such party shall be determined by the vote for the office of governor or president.

(G) “Dominant party in a precinct” or “ dominant political party in a precinct” means that political party whose candidate for election to the office of governor at the most recent regular state election at which a governor was elected received more votes than any


B-4 Ohio Secretary of State’s Office

other person received for election to that office in such precinct at such election.

(H) “Candidate” means any qualified person certified in accordance with the provisions of the Revised Code for placement on the official ballot of a primary, general, or special election to be held in this state, or any qualified person who claims to be a write-in candidate, or who knowingly assents to being represented as a write-in candidate by another at either a primary, general, or special election to be held in this state.

(I) “Independent candidate” means any candidate who claims not to be affiliated with a political party, and whose name has been certified on the office-type ballot at a general or special election through the filing of a statement of candidacy and nominating petition, as prescribed in section 3513.257 of the Revised Code.

(J) “Nonpartisan candidate” means any candidate whose name is required, pursuant to section 3505.04 of the Revised Code, to be listed on the nonpartisan ballot, including all candidates for judicial office, for member of any board of education, for municipal or township offices in which primary elections are not held for nominating candidates by political parties, and for offices of municipal corporations having charters that provide for separate ballots for elections for these offices.

(K) “Party candidate” means any candidate who claims to be a member of a political party, whose name has been certified on the office-type ballot at a general or special election through the filing of a declaration of candidacy and petition of candidate, and who has won the primary election of the candidate’s party for the public office the candidate seeks or is selected by party committee in accordance with section 3513.31 of the Revised Code.

(L) “Officer of a political party” includes, but is not limited to, any member, elected or appointed, of a controlling committee, whether representing the territory of the state, a district therein, a county, township, a city, a ward, a precinct, or other territory, of a major, intermediate, or minor political party.

(M) “Question or issue” means any question or issue certified in accordance with the Revised Code for placement on an official ballot at a general or special election to be held in this state.

(N) “Elector” or “qualified elector” means a person having the qualifications provided by law to be entitled to vote.

(O) “Voter” means an elector who votes at an election.

(P) “Voting residence” means that place of residence of an elector which shall determine the precinct in which the elector may vote.

(Q) “Precinct” means a district within a county established by the board of elections of such county within which all qualified electors having a voting residence therein may vote at the same polling place.

(R) “Polling place” means that place provided for each precinct at which the electors having a voting residence in such precinct may vote.

(S) “Board” or “board of elections” means the board of elections appointed in a county pursuant to section 3501.06 of the Revised Code.

(T) “Political subdivision” means a county, township, city, village, or school district.

(U) “Election officer” or “election official” means any of the following:

(1) Secretary of state;

(2) Employees of the secretary of state serving the division of elections in the capacity of attorney, administrative officer, administrative assistant, elections administrator, office manager, or clerical supervisor;

(3) Director of a board of elections;

(4) Deputy director of a board of elections;

(5) Member of a board of elections;

(6) Employees of a board of elections;

(7) Precinct polling place judges;



(8) Employees appointed by the boards of elections on a temporary or part-time basis.

(V) “Acknowledgment notice” means a notice sent by a board of elections, on a form prescribed by the secretary of state, informing a voter registration applicant or an applicant who wishes to change the applicant’s residence or name of the status of the application; the information necessary to complete or update the application, if any; and if the application is complete, the precinct in which the applicant is to vote.

(W) “Confirmation notice” means a notice sent by a board of elections, on a form prescribed by the secretary of state, to a registered elector to confirm the registered elector’s current address.

(X) “Designated agency” means an office or agency in the state that provides public assistance or that provides state-funded programs primarily engaged in providing services to persons with disabilities and that is required by the National Voter Registration Act of 1993 to implement a program designed and administered by the secretary of state for registering voters, or any other public or government office or agency that implements a program designed and administered by the secretary of state for registering voters, including the department of job and family services, the program administered under section 3701.132 of the Revised Code by the department of health, the department of mental health, the department of mental retardation and developmental disabilities, the rehabilitation services commission, and any other agency the secretary of state designates. “Designated agency” does not include public high schools and vocational schools, public libraries, or the office of a county treasurer.

(Y) “National Voter Registration Act of 1993” means the “National Voter Registration Act of 1993,” 107 Stat. 77, 42 U.S.C.A. 1973gg.

(Z) “Voting Rights Act of 1965” means the “Voting Rights Act of 1965,” 79 Stat. 437, 42 U.S.C.A. 1973, as amended.

(AA) “Photo identification” means a document that meets each of the following requirements:

(1) It shows the name of the individual to whom it

was issued, which shall conform to the name in the poll list or signature pollbook.

(2) It shows the current address of the individual to whom it was issued, which shall conform to the address in the poll list or signature pollbook, except for a driver’s license or a state identification card issued under section 4507.50 of the Revised Code, which may show either the current or former address of the individual to whom it was issued, regardless of whether that address conforms to the address in the poll list or signature pollbook.

(3) It shows a photograph of the individual to whom it was issued.

(4) It includes an expiration date that has not passed.

(5) It was issued by the government of the United States or this state.

3501.05 Duties and powers of secretary of state

The secretary of state shall do all of the following:

(A) Appoint all members of boards of elections;

(B) Issue instructions by directives and advisories in accordance with section 3501.053 of the Revised Code to members of the boards as to the proper methods of conducting elections.

(C) Prepare rules and instructions for the conduct of elections;

(D) Publish and furnish to the boards from time to time a sufficient number of indexed copies of all election laws then in force;

(E) Edit and issue all pamphlets concerning proposed laws or amendments required by law to be submitted to the voters;

(F) Prescribe the form of registration cards, blanks, and records;

(G) Determine and prescribe the forms of ballots and the forms of all blanks, cards of instructions, pollbooks, tally sheets, certificates of election, and forms and blanks required by law for use by



candidates, committees, and boards;

(H) Prepare the ballot title or statement to be placed on the ballot for any proposed law or amendment to the constitution to be submitted to the voters of the state;

(I) Except as otherwise provided in section 3519.08 of the Revised Code, certify to the several boards the forms of ballots and names of candidates for state offices, and the form and wording of state referendum questions and issues, as they shall appear on the ballot;

(J) Except as otherwise provided in division (I)(2)(b) of section 3501.38 of the Revised Code, give final approval to ballot language for any local question or issue approved and transmitted by boards of elections under section 3501.11 of the Revised Code;

(K) Receive all initiative and referendum petitions on state questions and issues and determine and certify to the sufficiency of those petitions;

(L) Require such reports from the several boards as are provided by law, or as the secretary of state considers necessary;

(M) Compel the observance by election officers in the several counties of the requirements of the election laws;

(N)(1) Except as otherwise provided in division (N)(2) of this section, investigate the administration of election laws, frauds, and irregularities in elections in any county, and report violations of election laws to the attorney general or prosecuting attorney, or both, for prosecution;

(2) On and after August 24, 1995, report a failure to comply with or a violation of a provision in sections 3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised Code, whenever the secretary of state has or should have knowledge of a failure to comply with or a violation of a provision in one of those sections, by filing a complaint with the Ohio elections commission under section 3517.153 of the Revised Code;

(O) Make an annual report to the governor containing the results of elections, the cost of elections in the

various counties, a tabulation of the votes in the several political subdivisions, and other information and recommendations relative to elections the secretary of state considers desirable;

(P) Prescribe and distribute to boards of elections a list of instructions indicating all legal steps necessary to petition successfully for local option elections under sections 4301.32 to 4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;

(Q) Adopt rules pursuant to Chapter 119. of the Revised Code for the removal by boards of elections of ineligible voters from the statewide voter registration database and, if applicable, from the poll list or signature pollbook used in each precinct, which rules shall provide for all of the following:

(1) A process for the removal of voters who have changed residence, which shall be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of 1965 and the National Voter Registration Act of 1993, including a program that uses the national change of address service provided by the United States postal system through its licensees;

(2) A process for the removal of ineligible voters under section 3503.21 of the Revised Code;

(3) A uniform system for marking or removing the name of a voter who is ineligible to vote from the statewide voter registration database and, if applicable, from the poll list or signature pollbook used in each precinct and noting the reason for that mark or removal.

(R) Prescribe a general program for registering voters or updating voter registration information, such as name and residence changes, by boards of elections, designated agencies, offices of deputy registrars of motor vehicles, public high schools and vocational schools, public libraries, and offices of county treasurers consistent with the requirements of section 3503.09 of the Revised Code;

(S) Prescribe a program of distribution of voter registration forms through boards of elections, designated agencies, offices of the registrar and deputy registrars of motor vehicles, public high schools and vocational schools, public libraries, and



offices of county treasurers;

(T) To the extent feasible, provide copies, at no cost and upon request, of the voter registration form in post offices in this state;

(U) Adopt rules pursuant to section 111.15 of the Revised Code for the purpose of implementing the program for registering voters through boards of elections, designated agencies, and the offices of the registrar and deputy registrars of motor vehicles consistent with this chapter;

(V) Establish the full-time position of Americans with Disabilities Act coordinator within the office of the secretary of state to do all of the following:

(1) Assist the secretary of state with ensuring that there is equal access to polling places for persons with disabilities;

(2) Assist the secretary of state with ensuring that each voter may cast the voter’s ballot in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters;

(3) Advise the secretary of state in the development of standards for the certification of voting machines, marking devices, and automatic tabulating equipment.

(W) Establish and maintain a computerized statewide database of all legally registered voters under section 3503.15 of the Revised Code that complies with the requirements of the “Help America Vote Act of 2002,” Pub. L. No. 107-252, 116 Stat. 1666, and provide training in the operation of that system;

(X) Ensure that all directives, advisories, other instructions, or decisions issued or made during or as a result of any conference or teleconference call with a board of elections to discuss the proper methods and procedures for con-ducting elections, to answer questions regarding elections, or to discuss the interpretation of directives, advisories, or other instructions issued by the secretary of state are posted on a web site of the office of the secretary of state as soon as is practicable after the completion of the conference or teleconference call, but not later than the close of business on the same day as the

conference or teleconference call takes place.

(Y) Publish a report on a web site of the office of the secretary of state not later than one month after the completion of the canvass of the election returns for each primary and general election, identifying, by county, the number of absent voter’s ballots cast and the number of those ballots that were counted, and the number of provisional ballots cast and the number of those ballots that were counted, for that election. The secretary of state shall maintain the information on the web site in an archive format for each subsequent election.

(Z) Conduct voter education outlining voter identification, absent voters ballot, provisional ballot, and other voting requirements;

(AA) Establish a procedure by which a registered elector may make available to a board of elections a more recent signature to be used in the poll list or signature pollbook produced by the board of elections of the county in which the elector resides;

(BB) Disseminate information, which may include all or part of the official explanations and arguments, by means of direct mail or other written publication, broadcast, or other means or combination of means, as directed by the Ohio ballot board under division (F) of section 3505.062 of the Revised Code, in order to inform the voters as fully as possible concerning each proposed constitutional amendment, proposed law, or referendum;

(CC) Perform other duties required by law.

Whenever a primary election is held under section 3513.32 of the Revised Code or a special election is held under section 3521.03 of the Revised Code to fill a vacancy in the office of representative to congress, the secretary of state shall establish a deadline, notwithstanding any other deadline required under the Revised Code, by which any or all of the following shall occur: the filing of a declaration of candidacy and petitions or a statement of candidacy and nominating petition together with the applicable filing fee; the filing of protests against the candidacy of any person filing a declaration of candidacy or nominating petition; the filing of a declaration of intent to



be a write-in candidate; the filing of campaign finance reports; the preparation of, and the making of corrections or challenges to, precinct voter registration lists; the receipt of applications for absent voter’s ballots or armed service absent voter’s ballots; the supplying of election materials to precincts by boards of elections; the holding of hearings by boards of elections to consider challenges to the right of a person to appear on a voter registration list; and the scheduling of programs to instruct or reinstruct election officers.

In the performance of the secretary of state’s duties as the chief election officer, the secretary of state may administer oaths, issue subpoenas, summon witnesses, compel the production of books, papers, records, and other evidence, and fix the time and place for hearing any matters relating to the administration and enforcement of the election laws.

In any controversy involving or arising out of the adoption of registration or the appropriation of funds for registration, the secretary of state may, through the attorney general, bring an action in the name of the state in the court of common pleas of the county where the cause of action arose or in an adjoining county, to adjudicate the question.

In any action involving the laws in Title XXXV of the Revised Code wherein the interpretation of those laws is in issue in such a manner that the result of the action will affect the lawful duties of the secretary of state or of any board of elections, the secretary of state may, on the secretary of state’s motion, be made a party.

The secretary of state may apply to any court that is hearing a case in which the secretary of state is a party, for a change of venue as a substantive right, and the change of venue shall be allowed, and the case removed to the court of common pleas of an adjoining county named in the application or, if there are cases pending in more than one jurisdiction that involve the same or similar issues, the court of common pleas of Franklin county.

Public high schools and vocational schools,

public libraries, and the office of a county treasurer shall implement voter registration programs as directed by the secretary of state pursuant to this section.

3517.01 Definitions

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

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

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

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

(2) “Campaign treasurer” means an individual appointed by a candidate under section



3517.081 of the Revised Code.

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

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

(5) “Contribution” means a loan, gift, deposit, forgiveness of indebtedness, donation, advance, payment, or transfer of funds or anything of value, including a transfer of funds from an inter vivos or testamentary trust or decedent’s estate, and the payment by any person other than the person to whom the services are rendered for the personal services of another person, which contribution is made, received, or used for the purpose of influencing the results of an election. Any loan, gift, deposit, forgiveness of indebtedness, donation, advance, payment, or transfer of funds or of anything of value, including a transfer of funds from an inter vivos or testamentary trust or decedent’s estate, and

the payment by any campaign committee, political action committee, legislative campaign fund, political party, political contributing entity, or person other than the person to whom the services are rendered for the personal services of another person, that is made, received, or used by a state or county political party, other than moneys a state or county political party receives from the Ohio political party fund pursuant to section 3517.17 of the Revised Code and the moneys a state or county political party may receive under sections 3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be considered to be a “contribution” for the purpose of section 3517.10 of the Revised Code and shall be included on a statement of contributions filed under that section.

“Contribution” does not include any of the following:

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

(b) Ordinary home hospitality;

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

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

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

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

(g) Any gift given to a state political party for deposit in a Levin account pursuant to section 3517.1013 of the Revised Code. As used in this division, “Levin account” has the



same meaning as in that section.

(h) Any donation given to a transition fund under section 3517.1014 of the Revised Code.

(6) “Expenditure” means the disbursement or use of a contribution for the purpose of influencing the results of an election or of making a charitable donation under division (G) of section 3517.08 of the Revised Code. Any disbursement or use of a contribution by a state or county political party is an expenditure and shall be considered either to be made for the purpose of influencing the results of an election or to be made as a charitable donation under division (G) of section 3517.08 of the Revised Code and shall be reported on a statement of expenditures filed under section 3517.10 of the Revised Code. During the thirty days preceding a primary or general election, any disbursement to pay the direct costs of producing or airing a broadcast, cable, or satellite communication that refers to a clearly identified candidate shall be considered to be made for the purpose of influencing the results of that election and shall be reported as an expenditure or as an independent expenditure under section 3517.10 or 3517.105 of the Revised Code, as applicable, except that the information required to be reported regarding contributors for those expenditures or independent expenditures shall be the same as the information required to be reported under divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.

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

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

(8) “Political action committee” means a combination of two or more persons, the primary or major purpose of which is to support or oppose any candidate, political party, or issue, or to influence the result of any election through express advocacy, and that is

not a political party, a campaign committee, a political contributing entity, or a legislative campaign fund. “Political action committee” does not include either of the following:

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

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

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

(10) “Anything of value” has the same meaning as in section 1.03 of the Revised Code.

(11) “Beneficiary of a campaign fund” means a candidate, a public official or employee for whose benefit a campaign fund exists, and any other person who has ever been a candidate or public official or employee and for whose benefit a campaign fund exists.

(12) “Campaign fund” means money or other property, including contributions.

(13) “Public official or employee” has the same meaning as in section 102.01 of the Revised Code.

(14) “Caucus” means all of the members of the house of representatives or all of the members of the senate of the general assembly who are members of the same political party.

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



(16) “In-kind contribution” means anything of value other than money that is used to influence the results of an election or is transferred to or used in support of or in opposition to a candidate, campaign committee, legislative campaign fund, political party, political action committee, or political contributing entity and that is 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. The financing of the dissemination, distribution, or republication, in whole or part, of any broadcast or of any written, graphic, or other form of campaign materials prepared by the candidate, the candidate’s campaign committee, or their authorized agents is an in-kind contribution to the candidate and an expenditure by the candidate.

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

(a) “Person” means an individual, partnership, unincorporated business organization or association, political action committee, political contributing entity, separate segregated fund, association, or other organization or group of persons, but not a labor organization or a corporation unless the labor organization or corporation is a political contributing entity.

(b) “Advocating” means any communication containing a message advocating election or defeat.

(c) “Identified candidate” means that the name of the candidate appears, a photograph or drawing of the candidate appears, or the identity of the candidate is otherwise apparent by unambiguous reference.

(d) “Made in coordination, cooperation, or consultation with, or at the request or suggestion of, any candidate or the campaign committee or agent of the candidate” means made pursuant to any arrangement, coordination, or direction by the candidate, the candidate’s campaign committee, or the candidate’s agent prior to the publication, distribution, display, or broadcast of the communication. An expenditure is presumed to be so made when it is any of the following:

(i) Based on information about the candidate’s plans, 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 having an expenditure made;

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

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

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

(18) “Labor organization” means a labor union; an employee organization; a federation of labor unions, groups, locals, or other employee organizations; an auxiliary of a labor union,



employee organization, or federation of labor unions, groups, locals, or other employee organizations; or any other bona fide organization in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, hours, and other terms and conditions of employment.

(19) “Separate segregated fund” means a separate segregated fund established pursuant to the Federal Election Campaign Act.

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

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

(22) “Electioneering communication” has the same meaning as in section 3517.1011 of the Revised Code.

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

(24) “Political committee” has the same meaning as in section 3517.1011 of the Revised Code.

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

3517.08 Matters not considered contribution or expenditure

(A) The personal expenses of a candidate paid for by the candidate, from the candidate’s personal funds, shall not be considered as a contribution by or an expenditure by the candidate and shall not be reported under section 3517.10 of the Revised Code.

(B)(1) An expenditure by a political action committee or a political contributing entity shall not be considered a contribution by the political action committee or the political contributing entity or an expenditure by or on behalf of the candidate if the purpose of the expenditure is to inform only its members by means of mailed publications of its activities or endorsements.

(2) An expenditure by a political party shall not be considered a contribution by the political party or an expenditure by or on behalf of the candidate if the purpose of the expenditure is to inform predominantly the party’s members by means of mailed publications or other direct communication of its activities or endorsements, or for voter contact such as sample ballots, absent voter’s ballots application mailings, voter registration, or get-out-the-vote activities.

(C) An expenditure by a continuing association, political contributing entity, or political party shall not be considered a contribution to any campaign committee or an expenditure by or on behalf of any campaign committee if the purpose of the expenditure is for the staff and maintenance of the continuing association’s, political contributing entity’s, or political party’s headquarters, or for a political poll, survey, index, or other type of measurement not on behalf of a specific candidate.

(D) The expenses of maintaining a constituent office paid for, from the candidate’s personal funds, by a candidate who is a member of the general assembly at the time of the election shall not be considered a contribution by or an expenditure by or on behalf of the candidate, and shall not be reported, if the constituent office is not used for any candidate’s campaign activities.

(E) The net contribution of each social or fund-raising activity shall be calculated by totaling all



contributions to the activity minus the expenditures made for the activity.

(F) An expenditure that purchases goods or services shall be attributed to an election when the disbursement of funds is made, rather than at the time the goods or services are used. The secretary of state, under the procedures of Chapter 119. of the Revised Code, shall establish rules for the attribution of expenditures to a candidate when the candidate is a candidate for more than one office during a reporting period and for expenditures made in a year in which no election is held. The secretary of state shall further define by rule those expenditures that are or are not by or on behalf of a candidate.

(G) An expenditure for the purpose of a charitable donation may be made if it is made to an organization that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code or is approved by advisory opinion of the Ohio elections commission as a legitimate charitable organization. Each expenditure under this division shall be separately itemized on statements made pursuant to section 3517.10 of the Revised Code.

3517.081 Campaign committee; designation of treasurer; filing statements; beneficiaries

(A) Each candidate shall have no more than one campaign committee for purposes of receiving contributions and making expenditures. No campaign committee shall receive any contribution or make any expenditure other than through the campaign treasurer. The campaign treasurer shall file all statements required of a candidate or campaign committee under section 3517.10 of the Revised Code.

The candidate shall designate the candidate or a member of the candidate’s campaign committee as the candidate’s campaign treasurer as required by division (D) of section 3517. 10 of the Revised Code. The campaign treasurer may appoint deputy campaign treasurers as required. Deputy campaign treasurers may exercise any of the powers and duties of a campaign treasurer when specifically authorized to do so by the campaign treasurer or the candidate.

Each candidate shall file a written statement, as required by division (D) of section 3517.10 of the Revised Code, setting forth the full name and address of the campaign treasurer and also of each deputy treasurer. Each candidate shall file supplemental statements giving the full name and address of each deputy treasurer at the time of appointment.

A candidate may remove the campaign treasurer or any deputy campaign treasurer at any time. In the case of death, resignation, or removal of the treasurer or deputy treasurer before compliance with all obligations of a campaign treasurer, the candidate shall fill the vacancy thus created in the same manner as provided in the case of an original appointment.

(B)(1) Two or more candidates may be the beneficiaries of a single campaign committee if all of the following apply:

(a) Each candidate is seeking nomination or election to the same office at the same election.

(b) The office for which each candidate is seeking nomination or election is the office of member of a board, commission, or other similar body of elected officials to which multiple members are nominated or elected at the same election.

(c) The number of candidates who will be the beneficiaries of the campaign committee does not exceed the number of open positions on the board, commission, or other similar body of elected officials to which the candidates are seeking nomination or election.

(d) The candidates jointly designate one of the candidates or one member of the campaign committee as the treasurer of that campaign committee as required under division (A) of this section.

(e) The candidates jointly file the written statements required under division (A) of this section.

(2) Except as otherwise provided in this division, any penalty that may be imposed on a



candidate under section 3517.992 of the Revised Code for a violation of this chapter shall be imposed jointly and severally on each beneficiary of a multi-beneficiary campaign committee. If the Ohio elections commission or the appropriate prosecutor is able to determine that a specific beneficiary of a multi-beneficiary campaign committee violated this chapter, the applicable penalty under section 3517.992 of the Revised Code shall be imposed only on that candidate and not on the other beneficiaries of that multi-beneficiary campaign committee.

(3)(a) If any of the following occur after a multi-beneficiary campaign committee is established, that campaign committee shall be terminated:

(i) The beneficiaries of the campaign committee disagree as to the designation or removal of a campaign treasurer.

(ii) Any beneficiary of the campaign committee desires to end the beneficiary’s candidacy for the office for which the beneficiaries are seeking nomination or election.

(iii) Any beneficiary of the campaign committee desires to form an individual campaign committee.

(b) Prior to the termination of a multi-beneficiary campaign committee in accordance with division (B)(3)(a) of this section, any contributions received by that campaign committee that have not been expended shall be disposed of in the manner provided in division (C) of section 3517.109 of the Revised Code. No contributions from the multi-beneficiary campaign committee shall be contributed or transferred into any candidate’s individual campaign committee.

(4) No candidate who has a campaign committee for which that candidate is the sole beneficiary shall become the beneficiary of a campaign committee with multiple beneficiaries under division (B)(1) of this section unless the candidate first terminates the candidate’s individual campaign committee. Prior to the termination of that individual campaign committee, any contributions received by

that campaign committee that have not been expended shall be disposed of in the manner provided in division (C) of section 3517.109 of the Revised Code. No contributions from the candidate’s individual campaign committee shall be contributed or transferred into the multi-beneficiary campaign committee.

3517.082 Corporation or labor organization establishing political action committee or campaign fund; employee contributions

(A) Any corporation, any nonprofit corporation, or any labor organization may establish, administer, and solicit contributions from the persons listed in division (B) of this section, to either or both of the following:

(1) A political action committee of the corporation or labor organization with respect to state and local elections;

(2) A separate segregated fund pursuant to the Federal Election Campaign Act.

(B)(1) A corporation and a nonprofit corporation may solicit contributions from its stockholders, officers, directors, trustees that are not corporations or labor organizations, and employees.

(2) A nonprofit corporation also may solicit contributions from:

(a) Its members that are not corporations or labor organizations;

(b) Officers, directors, trustees that are not corporations or labor organizations, and employees of any members of the nonprofit corporation.

(3) A labor organization may solicit contributions from its members, officers, and employees.

(C) A corporation, nonprofit corporation, or labor organization shall report to a political action committee, or to a separate segregated fund with respect to state and local elections, the following costs expended by the corporation, nonprofit corporation, or labor organization that are associated with establishing, administering, and soliciting



contributions to the political action committee or separate segregated fund pursuant to division (A) of this section:

(1) Mailing and printing expenses for direct solicitation of contributions pursuant to this section;

(2) The portion of an employee’s salary or wages attributable to time the employee spends in activities related to establishing, administering, and soliciting contributions to a political action committee or separate segregated fund, if that time exceeds during a reporting period fifty per cent of the time for which the employee is compensated by the corporation, nonprofit corporation, or labor organization;

(3) The cost associated with the purchase, lease, operation, and use of equipment for activities related to establishing, administering, and soliciting contributions to a political action committee or separate segregated fund if during a reporting period more than fifty per cent of the use of the equipment is for those activities;

(4) Professional fees paid by the corporation, nonprofit corporation, or labor organization for establishing, administering, and soliciting contributions to a political action committee or separate segregated fund.

The political action committee shall itemize the amounts and purposes of those costs expended by the corporation, nonprofit corporation, or labor organization and file them as part of the statement required of political action committees under division (A) of section 3517.10 of the Revised Code. The separate segregated fund with respect to state and local elections shall file with the secretary of state a copy of the portion of each report and statement required under the Federal Election Campaign Act that applies to state and local elections at the same time that the entire original report is filed in accordance with that act.

(D) A corporation, nonprofit corporation, or labor organization may obtain contributions for a political action committee or a separate segregated fund under this section from an individual described in division

(B) of this section from whom the corporation, nonprofit corporation, or labor organization was not obtaining contributions for that political action committee or separate segregated fund before the effective date of this amendment on an automatic basis pursuant to a payroll deduction plan only if the individual who is contributing to that political action

committee or separate segregated fund affirmatively consents to the contribution in writing.

(E) In addition to the laws listed in division (A) of section 4117.10 of the Revised Code that prevail over conflicting agreements between employee organizations and public employers, this section prevails over any conflicting provisions of agreements between labor organizations and public employers that are entered into on or after the effective date of this amendment pursuant to Chapter 4117. of the Revised Code.

3517.09 Solicitations forbidden

(A) No person or committee shall solicit, ask, invite, or demand, directly or indirectly, orally or in writing, a contribution, subscription, or payment from a candidate for nomination or election or from the campaign committee of that candidate, and no person shall solicit, ask, invite, or demand that a candidate for nomination or election or the campaign committee of that candidate subscribe to the support of a club or organization, buy tickets to an entertainment, ball, supper, or other meeting, or pay for space in a book, program, or publication. This division does not apply to any of the following:

(1) Regular advertisements in periodicals having an established circulation;

(2) Regular payments to civic, political, fraternal, social, charitable, or religious organizations of which the candidate was a member or contributor six months before the candidate’s candidacy;

(3) Regular party assessments made by a party against its own candidates.

(B) No person shall coerce, intimidate, or cause harm to another person by an act or failure to act, or shall threaten to coerce, intimidate, or cause harm



to another person, because that other person makes or does not make a contribution to a candidate, campaign committee, political party, legislative campaign fund, political action committee, political contributing entity, or person making disbursements to pay the direct costs of producing or airing electioneering communications.

(C) An employer or labor organization, directly or through another person, may obtain contributions for a candidate, campaign committee, political action committee, legislative campaign fund, political party, or person making disbursements to pay the direct costs of producing or airing electioneering communications from an employee or member from whom the employer or labor organization was not obtaining contributions for that candidate, campaign committee, political action committee, legislative campaign fund, political party, or person making disbursements to pay the direct costs of producing or airing electioneering communications before March 31, 2005, on an automatic basis pursuant to a payroll deduction plan only if the employee or member who is contributing to that candidate, campaign committee, political action committee, legislative campaign fund, political party, or person making disbursements to pay the direct costs of producing or airing electioneering communications affirmatively consents to the contribution in writing.

(D) In addition to the laws listed in division (A) of section 4117.10 of the Revised Code that prevail over conflicting agreements between employee organizations and public employers, this section prevails over any conflicting provisions of agreements between labor organizations and public employers that are entered into on or after March 31, 2005, pursuant to Chapter 4117. of the Revised Code.

3517.092 Solicitations from public employees

(A) As used in this section:

(1) “Appointing authority” has the same meaning as in section 124.01 of the Revised Code.

(2) “State elected officer” means any person appointed or elected to a state elective office.

(3) “State elective office” means any of the offices

of governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, member of the state board of education, member of the general assembly, and justice and chief justice of the supreme court.

(4) “Contribution” includes a contribution to any political party, campaign committee, political action committee, political contributing entity, or legislative campaign fund.

(B)(1) No state elected officer, no campaign committee of such an officer, no employee of the state elected officer’s office, and no other person or entity shall knowingly solicit a contribution to a state elected officer or to such an officer’s campaign committee, and no state elected officer and no campaign committee of such an officer shall accept a contribution, from any of the following:

(a) A state employee whose appointing authority is the state elected officer;

(b) A state employee whose appointing authority is authorized or required by law to be appointed by the state elected officer;

(c) A state employee who functions in or is employed in or by the same public agency, department, division, or office as the state elected officer.

(2) No candidate for a state elective office, no campaign committee of such a candidate, no employee of the candidate’s office if the candidate is a state elected officer or an elected officer of a political subdivision of the state, and no other person or entity shall knowingly solicit a contribution to a candidate for a state elective office or to such a candidate’s campaign committee, and no candidate for a state elective office and no campaign committee of such a candidate shall accept a contribution, from any of the following:

(a) A state employee at the time of the solicitation, whose appointing authority will be the candidate, if elected;

(b) A state employee at the time of the solicitation,



whose appointing authority will be appointed by the candidate, if elected, as authorized or required by law;

(c) A state employee at the time of the solicitation, who will function in or be employed in or by the same public agency, department, division, or office as the candidate, if elected.

(C)(1) No elected officer of a political subdivision of the state, no campaign committee of such an officer, no employee of such an officer’s office, and no other person or entity shall knowingly solicit a contribution to an elected officer of a political subdivision of the state or to such an officer’s campaign committee from any of the following:

(a) An employee of that political subdivision whose appointing authority is that elected officer;

(b) An employee of that political subdivision whose appointing authority is authorized or required by law to be appointed by that elected officer;

(c) An employee of that political subdivision who functions in or is employed in or by the same public agency, department, division, or office as that elected officer.

(2) No candidate for an elective office of a political subdivision of the state, no campaign committee of such a candidate, no employee of the candidate’s office if the candidate is a state elected officer or elected officer of a political subdivision of the state, and no other person or entity shall knowingly solicit a contribution to a candidate for an elective office of a political subdivision of the state or to such a candidate’s campaign committee from any of the following:

(a) An employee of that political subdivision at the time of the solicitation, whose appointing authority will be the candidate, if elected;

(b) An employee of that political subdivision at the time of the solicitation, whose appointing authority will be appointed by the candidate, if elected, as authorized or required by law;

(c) An employee of that political subdivision at the time of the solicitation, who will function in or be employed in or by the same public agency, department, division, or office as the candidate, if elected.

(D)(1) No public employee shall solicit a contribution from any person while the public employee is performing the public employee’s official duties or in those areas of a public building where official business is transacted or conducted.

(2) No person shall solicit a contribution from any public employee while the public employee is performing the public employee’s official duties or is in those areas of a public building where official business is transacted or conducted.

(3) As used in division (D) of this section, “public employee” does not include any person holding an elective office.

(E) The prohibitions in divisions (B), (C), and (D) of this section are in addition to the prohibitions in sections 124.57, 3304.22, and 4503.032 of the Revised Code.

3517.10 Times for filing statement of contributions and expenditures; contents; appointment of treasurer

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

(1) The twelfth day before the election to reflect contributions received and expenditures made 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 day before the election;

(2) The thirty-eighth day after the election to reflect the contributions received and expenditures made 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 seventh day before the filing of the statement;

(3) The last business day of January of every year to reflect the contributions received and expenditures made 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 last day of December of the previous year;

(4) The last business day of July of every year to reflect the contributions received and expenditures made 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 last day of June of that year.

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

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

If an election to select candidates to appear on the general election ballot is held within sixty days before a general election, the campaign committee of a successful candidate in the earlier election may file the statement required by division (A)(1) of this section for the general election instead of the statement

required by division (A)(2) of this section for the earlier election if the pregeneral election statement reflects the status of contributions and expenditures for the period twenty days before the earlier election to twenty days before the general election.

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

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

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

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

No statement under division (A)(4) of this section shall be required of a campaign committee, a political action committee, a legislative campaign fund, a political party,



or a political contributing entity for any year in which the campaign committee, political action committee, legislative campaign fund, political party, or political contributing entity is required to file a postprimary election statement under division (A)(2) of this section. However, a statement under division (A)(4) of this section may be filed at the option of the campaign committee, political action committee, legislative campaign fund, political party, or political contributing entity.

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

The campaign committee of a statewide candidate shall 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. The campaign committee of a statewide candidate shall file the monthly statement not later than three business days after the last day of the month covered by the statement. During the period beginning on the nineteenth day before the general election in which a statewide candidate seeks election to office and extending through the day of that general election, each time the campaign committee of the joint candidates for the offices of governor and lieutenant governor or of a candidate for the office of secretary of state, auditor of state, treasurer of state, or attorney general receives a contribution from a contributor that causes the aggregate amount of contributions received from that contributor

during that period to equal or exceed ten thousand dollars and each time the campaign committee of a candidate for the office of chief justice or justice of the supreme court receives a contribution from a contributor that causes the aggregate amount of contributions received from that contributor during that period to exceed ten thousand dollars, the campaign committee shall file a two-business-day statement reflecting that contribution. During the period beginning on the nineteenth day before a primary election in which a candidate for statewide office seeks nomination to office and extending through the day of that primary election, each time either the campaign committee of a statewide candidate in that primary election that files a notice under division (C)(1) of section 3517.103 of the Revised Code or the campaign committee of a statewide candidate in that primary election to which, in accordance with division (D) of section 3517.103 of the Revised Code, the contribution limitations prescribed in section 3517.102 of the Revised Code no longer apply receives a contribution from a contributor that causes the aggregate amount of contributions received from that contributor during that period to exceed ten thousand dollars, the campaign committee shall file a two-business-day statement reflecting that contribution. Contributions reported on a two-business-day statement required to be filed by a campaign committee of a statewide candidate in a primary election shall also be included in the postprimary election statement required to be filed by that campaign committee under division (A)(2) of this section. A two-business-day statement required by this paragraph shall be filed not later than two business days after receipt of the contribution. The statements required by this paragraph shall be filed in addition to any other statements required by this section.

Subject to the secretary of state having implemented, tested, and verified the successful operation of any system the secretary of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of this section and division (H)(1) of section 3517.106 of the Revised Code for the filing of campaign finance statements by



electronic means of transmission, a campaign committee of a statewide candidate shall file a two-business-day statement under the preceding paragraph by electronic means of transmission if the campaign committee is required to file a pre-election, postelection, or monthly statement of contributions and expenditures by electronic means of transmission under this section or section 3517.106 of the Revised Code.

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

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

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

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

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

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

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

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

(b)(i) The full name and address of each person, political party, campaign committee,

legislative campaign fund, political action committee, or political contributing entity from whom contributions are received and the registration number assigned to the political action committee under division (D)(1) of this section. The requirement of filing the full address does not apply to any statement filed by a state or local committee of a political party, to a finance committee of such committee, or to a committee recognized by a state or local committee as its fund-raising auxiliary. Notwithstanding division (F) of this section, the requirement of filing the full address shall be considered as being met if the address filed is the same address the contributor provided under division (E)(1) of this section.

(ii) If a political action committee, political contributing entity, legislative campaign fund, or political party that is required to file campaign finance statements by electronic means of transmission under section 3517.106 of the Revised Code or a campaign committee of a statewide candidate or candidate for the office of member of the general assembly receives a contribution from an individual that exceeds one hundred dollars, 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;

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

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



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

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

Contributions that are other income shall be itemized separately from all other contributions. The information required under division (B)(4) of this section shall be provided for all other income itemized.

As used in this paragraph, “other income” means a loan, investment income, or interest income.

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

(i) “State elected officer” has the same meaning as in section 3517.092 of the Revised Code.

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

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

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

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

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

(d) The amount of each expenditure.



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

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

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

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

(5) The campaign committee of any person who attempts to become a candidate and who, for any reason, does not become certified in accordance with Title XXXV of the Revised Code for placement on the official ballot of a primary, general, or special election to be held in this state, and who, at any time prior to or after an election, receives contributions or makes expenditures, or has given consent for another to receive contributions or make expenditures,

for the purpose of bringing about the person’s nomination or election to public office, shall file the statement or statements prescribed by this section and a termination statement, if applicable. Division (C)(5) of this section does not apply to any person with respect to an election to the offices of member of a county or state central committee, presidential elector, or delegate to a national convention or conference of a political party.

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

(b) The secretary of state shall prescribe the form for all statements required to be filed under this section and shall furnish the forms to the boards of elections in the several counties. The boards of elections shall supply printed copies of those forms without charge. The secretary of state shall prescribe the appropriate methodology, protocol, and data file structure for statements required or permitted to be filed by electronic means of transmission under division (A) of this section, divisions (E), (F), and (G) of section 3517.106, division (D) of section 3517.1011, division (B) of section 3517.1012, division (C) of section 3517.1013, and divisions (D) and (I) of section 3517.1014 of the Revised Code. Subject to division (A) of this section, divisions (E), (F), and (G) of section 3517.106, division (D) of section 3517.1011, division (B) of section 3517.1012, division (C) of section 3517.1013, and divisions (D) and (I) of section 3517.1014 of the Revised Code, the statements required to be stored on computer by the secretary of state under division (B) of section 3517.106 of the Revised Code shall be filed in whatever format the secretary of state considers necessary to enable the secretary of state to store the information contained in the statements on computer. Any such format shall be of a type and nature that is readily available to whoever is required to file the



statements in that format.

(c) The secretary of state shall assess the need for training regarding the filing of campaign finance statements by electronic means of transmission and regarding associated technologies for candidates, campaign committees, political action committees, legislative campaign funds, political parties, or political contributing entities, for individuals, partnerships, or other entities, for persons making disbursements to pay the direct costs of producing or airing electioneering communications, or for treasurers of transition funds, required or permitted to file statements by electronic means of transmission under this section or section 3517.105, 3517.106, 3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code. If, in the opinion of the secretary of state, training in these areas is necessary, the secretary of state shall arrange for the provision of voluntary training programs for candidates, campaign committees, political action committees, legislative campaign funds, political parties, or political contributing entities, for individuals, partnerships, and other entities, or for persons making disbursements to pay the direct costs of producing or airing electioneering communications, or for treasurers of transition funds, as appropriate.

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

(D)(1) Prior to receiving a contribution or making an expenditure, every campaign committee, political action committee, legislative campaign fund, political party, or political contributing entity shall appoint a treasurer and shall file, on a form prescribed by the secretary of state, a designation of that appointment, including the full name and address of the treasurer and of the campaign committee, political action committee, legislative campaign fund, political

party, or political contributing entity. That designation shall be filed with the official with whom the campaign committee, political action committee, legislative campaign fund, political party, or political contributing entity is required to file statements under section 3517.11 of the Revised Code. The name of a campaign committee shall include at least the last name of the campaign committee’s candidate. If two or more candidates are the beneficiaries of a single campaign committee under division (B) of section 3517.081 of the Revised Code, the name of the campaign committee shall include at least the last name of each candidate who is a beneficiary of that campaign committee. The secretary of state shall assign a registration number to each political action committee that files a designation of the appointment of a treasurer under this division if the political action committee is required by division (A)(1) of section 3517.11 of the Revised Code to file the statements prescribed by this section with the secretary of state.

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

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

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

(c) A state or county political party may establish a state candidate fund that is separate from an account that contains the public moneys received from the Ohio political party fund under section 3517.17 of the Revised Code and from all other funds. A state or county political party may deposit into its state candidate fund any amounts of monetary contributions that are made to or accepted by



the political party subject to the applicable limitations, if any, prescribed in section 3517.102 of the Revised Code. A state or county political party shall deposit all other monetary contributions received by the party into one or more accounts that are separate from its state candidate fund and from its account that contains the public moneys received from the Ohio political party fund under section 3517.17 of the Revised Code.

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

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

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

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

(a) The manner of immediately acknowledging, with date and time received, and preserving the receipt of statements that are transmitted by electronic means of transmission to the secretary of state pursuant to this section or section 3517.106, 3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code;

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

(7) The secretary of state, pursuant to division (I) of section 3517.106 of the Revised Code, shall make available online to the public through the internet the contribution and expenditure, contribution and disbursement, deposit and disbursement, gift and disbursement, or donation and disbursement information in all statements, all addenda, amendments, or other corrections to statements, and all amended statements filed with the secretary of state by electronic or other means of transmission under this section, division (B)(2)(b) or (C)(2)(b) of section 3517.105, or section 3517.106, 3517.1011, 3517.1012, 3517.1013, 3517.1014, or 3517.11 of the Revised Code. The secretary of state may remove the information from the internet after a reasonable period of time.

(E)(1) Any person, political party, campaign committee, legislative campaign fund, political 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 or question at any election held or to be held in this state shall provide its full name and address to the recipient of the contribution at the time the contribution is made. The political action committee also shall provide the registration number assigned to the committee under division (D)(1) of this section to the recipient of the contribution at the time the contribution is made.

(2) Any individual who makes a contribution that exceeds one hundred dollars to a political action committee, political contributing entity, legislative campaign fund, or political party or to a campaign committee of a statewide candidate or candidate for the office of member of the general assembly shall provide 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, to the recipient of the contribution at the time the contribution is made. Sections 3599.39 and 3599.40 of the Revised Code do not apply to division (E)(2) of this section.

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

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

(F) As used in this section:

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

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

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

(d) For the sole purpose of a campaign committee’s reporting of contributions on a statement of contributions received under division (B)(4) of this section, “address” has one of the following meanings at the option of the campaign committee:

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

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

(e) As used with regard to the reporting under this section of any expenditure, “address” means all of the following if they exist: apartment number, street, road, or highway name and number, rural delivery route number, city or village, 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 committee, legislative campaign fund, political party, or political contributing entity may use the business or residence address of its treasurer or deputy treasurer or its post-office box number.

(2) “Statewide candidate” means the joint candidates for the offices of governor and lieutenant governor or a candidate for the office of secretary of state, auditor of state, treasurer of state, attorney general, member of the state board of education, chief justice of the supreme court, or justice of the supreme court.

(3) “Candidate for county office” means a candidate for the office of county auditor, county treasurer, clerk of the court of common pleas, judge of the court of common pleas, sheriff, county recorder, county engineer, county commissioner, prosecuting attorney, or coroner.

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

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

(2) In the case of a successful candidate at a primary election, if either the total contributions received by or the total expenditures made by the candidate’s campaign committee during the preprimary, postprimary, pregeneral, and postgeneral election periods combined equal more than five hundred dollars, the campaign committee may file the statement under division

(H)(1) of this section only for the primary election. The first statement that the campaign committee files in regard to the general election shall reflect all contributions received and all expenditures made during the preprimary and postprimary election periods.

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

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

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

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

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

(b) The name of each partner, owner, or member as of the date of the contribution or contributions who is participating in the contribution or contributions, and a statement that the contribution or contributions are to be allocated to



those individuals in accordance with the information provided by the partnership or other unincorporated business to the recipient of the contribution.

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

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

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

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

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

(K)(1) In addition to filing a designation of appointment of a treasurer under division (D)(1) of this section, the campaign committee of any candidate for an elected municipal office that pays an annual amount of compensation of five thousand dollars or less, the campaign committee of any candidate for member of a board of education except member of the state board of education, or the campaign committee of any candidate for township trustee or township fiscal officer may sign, under penalty of election falsification, a certificate attesting that the committee will not accept contributions during an election period that

exceed in the aggregate two thousand dollars from all contributors and one hundred dollars from any one individual, and that the campaign committee will not make expenditures during an election period that exceed in the aggregate two thousand dollars.

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

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

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

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

(L) A political contributing entity that receives contributions from the dues, membership fees, or other assessments of its members or from its



officers, shareholders, and employees may report the aggregate amount of contributions received from those contributors and the number of individuals making those contributions, for each filing period under divisions (A)(1), (2), (3), and (4) of this section, rather than reporting information as required under division (B)(4) of this section, including, when applicable, the name of the current employer, if any, of a contributor whose contribution exceeds one hundred dollars or, if such a contributor is self-employed, the contributor’s occupation and the name of the contributor’s business, if any. Division (B)(4) of this section applies to a political contributing entity with regard to contributions it receives from all other contributors.

3517.101 Gifts to political parties for office facilities


(1) “Gift” means a gift, subscription, loan, advance, or deposit of money or anything of value, given to a state or county political party, that is specifically designated and used to defray any cost incurred on or after the effective date of this section for the construction, renovation, or purchase of any office facility that is not used solely for the purpose of directly influencing the election of any individual candidate in any particular election for any office.

(2) “Address” has the meaning given in division (F) of section 3517.10 of the Revised Code.

(3) “Political party” means only a major political party.

(B) Any person, including a corporation engaged in business in this state but not including a public utility, may make a gift to a state or county political party if the gift is specifically designated and used to defray any cost incurred on or after the effective date of this section for the construction, renovation, or purchase of any office facility that is not used solely for the purpose of directly influencing the election of any individual candidate in any particular election for any office and, if it is a gift of money from a corporation engaged in business in this state, if the gift does not exceed ten per cent of the cost of the construction, renovation, or purchase. Such gift shall not be

considered a contribution or expenditure prohibited by any section of the Revised Code.

(C)(1) Each state or county political party that receives a gift pursuant to this section shall file on a form prescribed by the secretary of state, a full, true, and itemized statement describing the gift received and how it was disbursed. The statement shall be made under penalty of election falsification and shall be filed not later than four p.m. of the last day of January of every year to reflect gifts received and disbursed during the immediately preceding calendar year.

(2) Each statement required under division (C)(1) of this section shall contain all of the following information:

(a) The full name and address of the state or county political party filing the statement, including its treasurer;

(b) A description of each gift received, which shall include:

(i) The month, day, and year on which the gift was received;

(ii) The full name and address of each person from whom or from which the gift was received;

(iii) The nature of the gift, if other than money;

(iv) The value of the gift in dollars and cents.

Each gift received shall be itemized separately regardless of its amount or value.

(c) An itemization of how each gift was disbursed;

(d) The total value of gifts received and gifts disbursed during each reporting period;

(e) The total cost of the construction, renovation, or purchase of any office facility for which a gift is used.

(D)(1) All monetary gifts and all income from the lease or rental of an office facility for which a



gift is used shall be deposited in an account separate from other funds and maintained in that separate account. Except as provided in division (D)(2) of this section, moneys in the account shall be used only for the construction, renovation, or purchase of an office facility as described in division (B) of this section.

(2) Any moneys remaining in an account under division (D)(1) of this section after the construction, renovation, or purchase of an office facility shall be used only for the maintenance and repair of the facility or for the construction, renovation, or purchase of another office facility as described in division (B) of this section and shall not be used for operating costs of the facility or for any other purpose.

(3) When a state or county political party sells an office facility that was constructed, renovated, or purchased in whole or in part from monetary gifts, the party shall deposit in the account under division (D)(1) of this section an amount that is the same percentage of the total proceeds of the sale as the monetary gifts used in the construction, renovation, or purchase of the facility were of the total cost of that construction, renovation, or purchase. Proceeds deposited in the account shall be used only for the construction, renovation, or purchase of another office facility as described in division (B) of this section.

(E) A state political party shall file a statement required under this section with the secretary of state and a county political party shall file a statement required under this section with the board of elections of the county in which the party is located.

(F)(1) No state or county political party shall fail to file a statement required to be filed under this section.

(2) No state or county political party shall knowingly fail to report, or shall knowingly misrepresent, a gift required to be reported on a statement required to be filed under this section.

(G) No state or county political party shall expend or use a gift for a purpose other than to defray any cost incurred on or after the effective date of this

section for the construction, renovation, or purchase of an office facility as described in division (B) of this section or for the maintenance and repair of such a facility as provided in division (D)(2) of this section.

(H) Prior to receiving any gift under this section, every political party shall appoint a treasurer and file, on a form prescribed by the secretary of state, a designation of the appointment, including the full name and address of the political party. The designation shall be filed with the official with whom the political party is required to file statements under division (E) of this section. The treasurer shall keep a strict account of all gifts required to be reported under this section. The secretary of state or board of elections, as the case may be, shall, if requested, issue a receipt for each statement filed under this section and preserve a record of the filing for at least six years. All such statements shall be open to public inspection in the office where they are filed, and shall be carefully preserved for a period of at least six years after the year in which they are filed.

3517.102 Limitations on contributions(A) Except as otherwise provided in section 3517.103 of the Revised Code, as used in this section and sections 3517.103 and 3517.104 of the Revised Code:

(1) “Candidate” has the same meaning as in section 3517.01 of the Revised Code but includes only candidates for the offices of governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, member of the state board of education, member of the general assembly, chief justice of the supreme court, and justice of the supreme court.

(2) “Statewide candidate” or “any one statewide candidate” means the joint candidates for the offices of governor and lieutenant governor or a candidate for the office of secretary of state, auditor of state, treasurer of state, attorney general, member of the state board of education, chief justice of the supreme court, or justice of the supreme court.

(3) “Senate candidate” means a candidate for the office of state senator.



(4) “House candidate” means a candidate for the office of state representative.

(5)(a) “Primary election period” for a candidate begins on the beginning date of the candidate’s pre-filing period specified in division (A)(9) of section 3517.109 of the Revised Code and ends on the day of the primary election.

(b) In regard to any candidate, the “general election period” begins on the day after the primary election immediately preceding the general election at which the candidate seeks an office specified in division (A)(1) of this section and ends on the thirty-first day of December following that general election.

(6) “State candidate fund” means the state candidate fund established by a state or county political party under division (D)(3)(c) of section 3517.10 of the Revised Code.

(7) “Postgeneral election statement” means the statement filed under division (A)(2) of section 3517.10 of the Revised Code by the campaign committee of a candidate after the general election in which the candidate ran for office or filed by legislative campaign fund after the general election in an even-numbered year.

(8) “Contribution” means any contribution that is required to be reported in the statement of contributions under section 3517.10 of the Revised Code.

(9)(a) Except as otherwise provided in division (A)(9)(b) of this section and in division (F) of section 3517.103 and division (B)(3)(b) of section 3517.1010 of the Revised Code, “designated state campaign committee” means:

(i) In the case of contributions to or from a state political party, a campaign committee of a statewide candidate, statewide officeholder, senate candidate, house candidate, or member of the general assembly.

(ii) In the case of contributions to or from a county political party, a campaign committee of a senate candidate or house 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.

(iii) In the case of contributions to or from a legislative campaign fund, a campaign committee of any of the following:

(I) A senate or house candidate who, if elected, will be a member of the same party that established the legislative campaign fund and the same house with which the legislative campaign fund is associated;

(II) A state senator or state representative who is a member of the same party that established the legislative campaign fund and the same house with which the legislative campaign fund is associated.

(b) 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” under division (A)(9)(a) of this section.

(B)(1)(a) No individual who is seven years of age or older shall make a contribution or contributions aggregating more than:

(i) Ten thousand dollars to the campaign committee of any one statewide candidate 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 a primary election period or in a general election period;

(iii) Ten thousand dollars to the campaign committee of any one house candidate in



a primary election period or in a general election period;

(iv) Ten thousand dollars to a county political party of the county in which the individual’s designated Ohio residence is located for the party’s state candidate fund in a calendar year;

(v) Fifteen thousand dollars to any one legislative campaign fund in a calendar year;

(vi) Thirty thousand dollars to any one state political party for the party’s state candidate fund in a calendar year;

(vii) Ten thousand dollars to any one political action committee in a calendar year;

(viii) Ten thousand dollars to any one political contributing entity in a calendar year.

(b) No individual shall make a contribution or contributions to the state candidate fund of a county political party of any county other than the county in which the individual’s designated Ohio residence is located.

(c) No individual who is under seven years of age shall make any contribution.

(2)(a) Subject to division (D)(1) of this section, no political action committee shall make a contribution or contributions aggregating more than:



(iii) Ten thousand dollars to the campaign committee of any one house candidate in a primary election period or in a general election period;

(iv) Fifteen thousand dollars to any one legislative campaign fund in a calendar year;

(v) Thirty thousand dollars to any one state political party for the party’s state candidate fund in a calendar year;

(vi) Ten thousand dollars to another political action committee or to a political contributing entity in a calendar year. This division does not apply to a political action committee that makes a contribution to a political action committee or a political contributing entity affiliated with it. For purposes of this division, a political action committee is affiliated with another political action committee or with a political contributing entity 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.

(b) No political action committee shall make a contribution or contributions to a county political party for the party’s state candidate fund.

(3) No campaign committee shall make a contribution or contributions aggregating more than:

(a) Ten thousand dollars to the campaign committee of any one statewide candidate in a primary election period or in a general election period;

(b) Ten thousand dollars to the campaign committee of any one senate candidate in a primary election period or in a general election period;

(c) Ten thousand dollars to the campaign committee of any one house candidate in a primary election period or in a general election period;



(d) Ten thousand dollars to any one political action committee in a calendar year;

(e) Ten thousand dollars to any one political contributing entity in a calendar year.

(4)(a) Subject to division (D)(3) of this section, no political party shall make a contribution or contributions aggregating more than ten thousand dollars to any one political action committee or to any one political contributing entity in a calendar year.

(b) No county political party shall make a contribution or contributions to another county political party.

(5)(a) Subject to division (B)(5)(b) of this section, no campaign committee, other than a designated state campaign committee, shall make a contribution or contributions aggregating in a calendar year more than:

(i) Thirty thousand dollars to any one state political party for the party’s state candidate fund;

(ii) Fifteen thousand dollars to any one legislative campaign fund;

(iii) Ten thousand dollars to any one county political party for the party’s state candidate fund.

(b) No campaign committee shall make a contribution or contributions to a county political party for the party’s state candidate fund unless one of the following applies:

(i) The campaign committee’s candidate will appear on a ballot in that county.

(ii) The campaign committee’s candidate is the holder of an elected public office that represents all or part of the population of that county at the time the contribution is made.

(6)(a) No state candidate fund of a county political party shall make a contribution or contributions, except a contribution or contributions to a designated state campaign committee, in a primary election period or a general election period, aggregating more than:

(i) Two hundred fifty thousand dollars to the campaign committee of any one statewide candidate;

(ii) Ten thousand dollars to the campaign committee of any one senate candidate;

(iii) Ten thousand dollars to the campaign committee of any one house candidate.

(b)(i) No state candidate fund of a state or county political party shall make a transfer or a contribution or transfers or contributions of cash or cash equivalents to a designated state campaign committee in a primary election period or in a general election period aggregating more than:

(I) Five hundred thousand dollars to the campaign committee of any one statewide candidate;

(II) One hundred thousand dollars to the campaign committee of any one senate candidate;

(III) Fifty thousand dollars to the campaign committee of any one house candidate.

(ii) No legislative campaign fund shall make a transfer or a contribution or transfers or contributions of cash or cash equivalents to a designated state campaign committee aggregating more than:

(I) Fifty thousand dollars in a primary election period or one hundred thousand dollars in a general election period to the campaign committee of any one senate candidate;

(II) Twenty-five thousand dollars in a primary election period or fifty thousand dollars in a general election period to the campaign committee of any one house candidate.

(iii) As used in divisions (B)(6)(b) and (C)(6) of this section, “transfer or contribution of cash or cash equivalents” does not include any in-kind contributions.

(c) A county political party that has no state candidate fund and that is located in a



county having a population of less than one hundred fifty thousand may make one or more contributions from other accounts to any one statewide candidate or to any one designated state campaign committee that do not exceed, in the aggregate, two thousand five hundred dollars in any primary election period or general election period. As used in this division, “other accounts” does not include an account that contains the public moneys received from the Ohio political party fund under section 3517.17 of the Revised Code.

(d) No legislative campaign fund shall make a contribution, other than to a designated state campaign committee or to the state candidate fund of a political party.

(7)(a) Subject to division (D)(1) of this section, no political contributing entity shall make a contribution or contributions aggregating more than:



(iii) Ten thousand dollars to the campaign committee of any one house candidate in a primary election period or in a general election period;

(iv) Fifteen thousand dollars to any one legislative campaign fund in a calendar year;

(v) Thirty thousand dollars to any one state political party for the party’s state candidate fund in a calendar year;

(vi) Ten thousand dollars to another political contributing entity or to a political action committee in a calendar year. This division does not apply to a political contributing entity that makes a contribution to a political contributing entity or a political action

committee affiliated with it. For purposes of this division, a political contributing entity is affiliated with another political contributing entity or with a political action committee 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, organiza-tion, labor organization, continuing association, or other person.

(b) No political contributing entity shall make a contribution or contributions to a county political party for the party’s state candidate fund.

(C)(1)(a) Subject to division (D)(1) of this section, no campaign committee of a statewide candidate shall do any of the following:

(i) Knowingly accept a contribution or contributions from any individual who is under seven years of age;

(ii) Accept a contribution or contributions aggregating more than ten thousand dollars from any one individual who is seven years of age or older, from any one political action committee, from any one political contributing entity, or from any one other campaign committee in a primary election period or in a general election period;

(iii) Accept a contribution or contributions aggregating more than two hundred fifty thousand dollars from any one or combination of state candidate funds of county political parties in a primary election period or in a general election period.

(b) No campaign committee of a statewide candidate shall accept a contribution or contributions aggregating more than two thousand five hundred dollars in a primary election period or in a general election period from a county political party that has no state candidate fund and that is located in a county having a population of less than one hundred fifty thousand.



(2)(a) Subject to division (D)(1) of this section and except for a designated state campaign committee, no campaign committee of a senate candidate shall do either of the following:


(ii) Accept a contribution or contributions aggregating more than ten thousand dollars from any one individual who is seven years of age or older, from any one political action committee, from any one political contributing entity, from any one state candidate fund of a county political party, or from any one other campaign committee in a primary election period or in a general election period.

(b) No campaign committee of a senate candidate shall accept a contribution or contributions aggregating more than two thousand five hundred dollars in a primary election period or in a general election period from a county political party that has no state candidate fund and that is located in a county having a population of less than one hundred fifty thousand.

(3)(a) Subject to division (D)(1) of this section and except for a designated state campaign committee, no campaign committee of a house candidate shall do either of the following:


(ii) Accept a contribution or contributions aggregating more than ten thousand dollars from any one individual who is seven years of age or older, from any one political action committee, from any one political contributing entity, from any one state candidate fund of a county political party, or from any one other campaign committee in a primary election period or in a general election period.

(b) No campaign committee of a house candidate shall accept a contribution or contributions aggregating more than two thousand five hundred dollars in a primary election period or in a general election period from a county political party that has no state candidate fund and that is located in a county having a population of less than one hundred fifty thousand.

(4)(a)(i) Subject to division (C)(4)(a)(ii) of this section and except for a designated state campaign committee, no county political party shall knowingly accept a contribution or contributions from any individual who is under seven years of age, or accept a contribution or contributions for the party’s state candidate fund aggregating more than ten thousand dollars from any one individual whose designated Ohio residence is located within that county and who is seven years of age or older or from any one campaign committee in a calendar year.

(ii) Subject to division (D)(1) of this section, no county political party shall accept a contribution or contributions for the party’s state candidate fund from any individual whose designated Ohio residence is located outside of that county and who is seven years of age or older, from any campaign committee unless the campaign committee’s candidate will appear on a ballot in that county or unless the campaign committee’s candidate is the holder of an elected public office that represents all or part of the population of that county at the time the contribution is accepted, or from any political action committee or any political contributing entity.

(iii) No county political party shall accept a contribution or contributions from any other county political party.

(b) Subject to division (D)(1) of this section, no state political party shall do either of the following:




(ii) Accept a contribution or contributions for the party’s state candidate fund aggregating more than thirty thousand dollars from any one individual who is seven years of age or older, from any one political action committee, from any one political contributing entity, or from any one campaign committee, other than a designated state campaign committee, in a calendar year.

(5) Subject to division (D)(1) of this section, no legislative campaign fund shall do either of the following:

(a) Knowingly accept a contribution or contributions from any individual who is under seven years of age;

(b) Accept a contribution or contributions aggregating more than fifteen thousand dollars from any one individual who is seven years of age or older, from any one political action committee, from any one political contributing entity, or from any one campaign committee, other than a designated state campaign committee, in a calendar year.

(6)(a) No designated state campaign committee shall accept a transfer or contribution of cash or cash equivalents from a state candidate fund of a state political party aggregating in a primary election period or a general election period more than:

(i) Five hundred thousand dollars, in the case of a campaign committee of a statewide candidate;

(ii) One hundred thousand dollars, in the case of a campaign committee of a senate candidate;

(iii) Fifty thousand dollars, in the case of a campaign committee of a house candidate.

(b) No designated state campaign committee shall accept a transfer or contribution of cash or cash equivalents from a legislative campaign fund aggregating more than:

(i) Fifty thousand dollars in a primary election period or one hundred thousand dollars in

a general election period, in the case of a campaign committee of a senate candidate;

(ii) Twenty-five thousand dollars in a primary election period or fifty thousand dollars in

a general election period, in the case of a campaign committee of a house candidate.

(c) No campaign committee of a candidate for the office of member of the general assembly, including a designated state campaign committee, shall accept a transfer or contribution of cash or cash equivalents from any one or combination of state candidate funds of county political parties aggregating in a primary election period or a general election period more than:

(i) One hundred thousand dollars, in the case of a campaign committee of a senate candidate;

(ii) Fifty thousand dollars, in the case of a campaign committee of a house candidate.

(7)(a) Subject to division (D)(3) of this section, no political action committee and no political contributing entity shall do either of the following:


(ii) Accept a contribution or contributions aggregating more than ten thousand dollars from any one individual who is seven years of age or older, from any one campaign committee, or from any one political party in a calendar year.

(b) Subject to division (D)(1) of this section, no political action committee shall accept a contribution or contributions aggregating more than ten thousand dollars from another political action committee or from a political contributing entity in a calendar year. Subject to division (D)(1) of this section, no political contributing entity shall accept a con-tribution or contributions aggregating more than ten thousand dollars from another political contributing entity or from a political action



committee in a calendar year. This division does not apply to a political action committee or political contributing entity that accepts a contribution from a political action committee or political contributing entity affiliated with it. For purposes of this division, a political action committee is affiliated with another political action committee or with a political contributing entity if they are both established, financed, maintained, or controlled by 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.

(D)(1)(a) For purposes of the limitations prescribed in division (B)(2) of this section and the limitations prescribed in divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this section, whichever is applicable, all contributions made by and all contributions accepted from political action committees that are established, financed, maintained, or controlled by, or that 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, are considered to have been made by or accepted from a single political action committee.

(b) For purposes of the limitations prescribed in division (B)(7) of this section and the limitations prescribed in divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this section, whichever is applicable, all contributions made by and all contributions accepted from political contributing entities that are established, financed, maintained, or controlled by, or that 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, are considered to have been made by or accepted from a single political contributing entity.

(2) As used in divisions (B)(1)(a)(vii), (B)(3)(d), (B)(4)(a), and (C)(7) of this section, “political action committee” does not include a political action committee that is organized to support or oppose a ballot issue or question and that makes no contributions to or expenditures on behalf of a political party, campaign committee, legislative campaign fund, political action committee, or political contributing entity. As used in divisions (B)(1)(a)(viii), (B)(3)(e), (B)(4)(a), and (C)(7) of this section, “political contributing entity” does not include a political contributing entity that is organized to support or oppose a ballot issue or question and that makes no contributions to or expenditures on behalf of a political party, campaign committee, legislative campaign fund, political action committee, or political contributing entity.

(3) For purposes of the limitations prescribed in divisions (B)(4) and (C)(7)(a) of this section, all contributions made by and all contributions accepted from a national political party, a state political party, and a county political party are considered to have been made by or accepted from a single political party and shall be combined with each other to determine whether the limitations have been exceeded.

(E)(1) If a legislative campaign fund has kept a total amount of contributions exceeding one hundred fifty thousand dollars at the close of business on the seventh day before the postgeneral election statement is required to be filed under section 3517.10 of the Revised Code, the legislative campaign fund shall comply with division (E)(2) of this section.

(2)(a) Any legislative campaign fund that has kept a total amount of contributions in excess of the amount specified in division (E)(1) of this section at the close of business on the seventh day before the postgeneral election statement is required to be filed under section 3517.10 of the Revised Code shall dispose of the excess amount in the manner prescribed in division (E)(2)(b)(i), (ii), or (iii) of this section not later than ninety days after the day the postgeneral election statement is required to be filed under section 3517.10 of the Revised Code. Any legislative campaign fund that is required to



dispose of an excess amount of contributions under this division shall file a statement on the ninetieth day after the postgeneral election statement is required to be filed under section 3517.10 of the Revised Code indicating the total amount of contributions the fund has at the close of business on the seventh day before the postgeneral election statement is required to be filed under section 3517.10 of the Revised Code and that the excess contributions were disposed of pursuant to this division and division (E)(2)(b) of this section. The statement shall be on a form prescribed by the secretary of state and shall contain any additional information the secretary of state considers necessary.

(b) Any legislative campaign fund that is required to dispose of an excess amount of contributions under division (E)(2) of this section shall dispose of that excess amount by doing any of the following:

(i) Giving the amount to the treasurer of state for deposit into the state treasury to the credit of the Ohio elections commission fund created by division (I) of section 3517.152 of the Revised Code;

(ii) Giving the amount to individuals who made contributions to that legislative campaign fund as a refund of all or part of their contributions;

(iii) Giving the amount to a corporation that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c) of the Internal Revenue Code.

(F)(1) No legislative campaign fund shall fail to file a statement required by division (E) of this section.

(2) No legislative campaign fund shall fail to dispose of excess contributions as required by division (E) of this section.

(G) Nothing in this section shall affect, be used in determining, or supersede a limitation on campaign contributions as provided for in the Federal Election Campaign Act.

3517.103 Notices of expenditures of personal funds

(A)(1) For purposes of this section:

(a) “Statewide candidate” means the joint candidates for the offices of governor and lieutenant governor or a candidate for the office of secretary of state, auditor of state, treasurer of state, attorney general, or member of the state board of education.

(b)(i) “Personal funds” means contributions to the campaign committee of a candidate by the candidate or 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.

(ii) A loan obtained by, guaranteed by, or for the benefit of a statewide candidate, senate candidate, or house candidate shall be considered “personal funds” subject to the provisions of this section and section 3517.1010 of the Revised Code to the extent that the loan is obtained or guaranteed by the candidate or is for the benefit of the candidate and is obtained or guaranteed 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. A loan that is obtained or guaranteed and that is for the benefit of a statewide candidate, senate candidate, or house candidate shall not be considered “personal funds” for the purposes of this section and section 3517.1010 of the Revised Code but shall be considered to be a “contribution” for the purposes of this chapter if the loan is obtained or guaranteed by anyone other than the candidate or 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.

(iii) When a debt or other obligation incurred by a committee or by a candidate on behalf



of the candidate’s committee described in division (C)(1) or (2) of this section is to be paid from “personal funds,” those funds are considered to be expended when the debt or other obligation is incurred, regardless of when it is paid.

(2) For purposes of this chapter, a candidate is an “opponent” when the candidate has indicated on the candidate’s most recently filed designation of treasurer that the candidate seeks the same office at the same primary or general election as another candidate whose campaign committee has filed a personal funds notice required by division (C)(1) or (2) of this section.

(B)(1) Except as otherwise provided in division (B)(2) of this section, no statewide candidate or candidate for the office of member of the general assembly shall make an expenditure of personal funds to influence the results of an election for that candidate’s nomination or election to office unless the personal funds are first deposited into the campaign fund of that candidate’s campaign committee.

(2) A statewide candidate or candidate for the office of member of the general assembly may make an expenditure of personal funds without first depositing those funds into the campaign committee’s funds as long as the aggregate total of those expenditures does not exceed five hundred dollars at any time during an election period. After the candidate’s campaign committee reimburses the candidate for any direct expenditure of personal funds, the amount that was reimbursed is no longer included in the aggregate total of expenditures of personal funds subject to the five-hundred-dollar limit.

(C)(1) If the campaign committee of any statewide candidate has received or expended or expects to expend more than one hundred thousand dollars of personal funds during a primary election period or one hundred fifty thousand dollars of personal funds during a general election period, the campaign committee shall file a personal funds notice in the manner provided in division (C)(3) of this section indicating that the committee has received or

expended or expects to expend more than that amount. For the purpose of this division, a joint team of candidates for governor and lieutenant governor shall be considered a single candidate and their personal funds shall be combined.

(2) If the campaign committee of any senate candidate or house candidate has received or expended or expects to expend more than twenty-five thousand dollars of personal funds during a primary election period or twenty-five thousand dollars of personal funds during a general election period, the campaign committee shall file a personal funds notice in the manner provided in division (C)(3) of this section indicating that the committee has received or expended or expects to expend more than that amount.

(3) The personal funds notice required in divisions (C)(1) and (2) of this section and the declaration of no limits required under division (D)(2) of this section shall be on a form prescribed by the secretary of state. The personal funds notice required in divisions (C)(1) and (2) of this section shall be filed not later than the earlier of the following times:

(a) One hundred twenty days before a primary election, in the case of personal funds received, expended, or expected to be expended during a primary election period, or not later than one hundred twenty days before a general election, in the case of personal funds received, expended, or expected to be expended during a general election period;

(b) Two business days after the candidate’s campaign committee receives or makes an expenditure of personal funds or the candidate makes an expenditure of personal funds on behalf of the candidate’s campaign committee during that election period that exceed, in the aggregate, the amount specified in division (C)(1) or (2) of this section.

The personal funds notice required under divisions (C)(1) and (2) of this section and the declaration of no limits required under



division (D)(2) of this section shall be filed wherever the campaign committee files statements of contributions and expenditures under section 3517.11 of the Revised Code. The board of elections shall send to the secretary of state a copy of any personal funds notice or declaration of no limits filed by the campaign committee of a senate candidate or house candidate under division (C)(3) or (D)(2) of this section.

(D)(1) Whenever a campaign committee files a notice under division (C)(1) or (2) of this section, and the campaign committee of an opponent files a declaration of no limits pursuant to division (D)(2) of this section within thirty days of the filing of the personal funds notice under division (C)(1) or (2) of this section, the contribution limitations pre-scribed in section 3517.102 of the Revised Code no longer apply to the campaign committee of the candidate’s opponent.

(2) No campaign committee of a candidate described in division (D)(1) of this section shall accept any contribution or contributions from a contributor that exceed the limitations prescribed in section 3517.102 of the Revised Code until the committee files a declaration that the committee will accept contributions that exceed those limitations. This declaration shall be filed not later than thirty days after a candidate’s opponent has filed a personal funds notice pursuant to division (C)(1) or (2) of section 3517.103 of the Revised Code, shall be referred to as the “declaration of no limits,” and shall list all of the following:

(a) The amount of cash on hand in the candidate’s campaign fund at the end of the day immediately preceding the day on which the candidate’s campaign committee files the declaration of no limits;

(b) The value and description of all campaign assets worth five hundred dollars or more available to the candidate at the end of the day immediately preceding the day on which the candidate’s campaign committee files the declaration of no limits.

(3) A candidate who was not an opponent of a candidate who filed the personal funds notice required under division (C)(3) of this section on the date the personal funds notice was filed may file the declaration of no limits pursuant to division (D)(2) of this section within thirty days after becoming an opponent of the candidate who filed the personal funds notice.

(4) If the candidate whose campaign committee filed a personal funds notice under division (C)(1) or (2) of this section fails to file a declaration of candidacy for the office listed on the designation of treasurer filed under division (D) of section 3517.10 of the Revised Code or files a declaration of candidacy or nominating petition for that office and dies or withdraws, both of the following apply to the campaign committee of that candidate’s opponent if the opponent has filed a declaration of no limits pursuant to division (D) of this section:

(a) No contribution from a contributor may thereafter be accepted that, when added to the aggregate total of all contributions received by that committee from that contributor during the primary election period or general election period, whichever is applicable, would cause that committee to exceed the contribution limitations prescribed in section 3517.102 of the Revised Code for the applicable election period.

(b) The statement of primary-day finances or the year-end statement required to be filed under division (E) of section 3517.1010 of the Revised Code shall be filed not later than fourteen days after the date the candidate’s opponent fails to file a declaration of candidacy or nominating petition by the appropriate filing deadline, or dies or withdraws. For purposes of calculating permitted funds under division (A)(4) of section 3517.1010 of the Revised Code, the primary or general election period, whichever is applicable, shall be considered to have ended on the filing deadline, in the case of an opponent who fails to file a declaration of candidacy or nominating petition, or on the date of the opponent’s



death or withdrawal. In such an event, the filing of a statement of primary-day finances or year-end finances and the disposing of any excess funds as required under division (B) of section 3517.1010 of the Revised Code satisfies the candidate’s obligation to file such a statement for that election period.

(E)(1) No campaign committee shall fail to file a personal funds notice as required under division (C)(1) or (2) of this section.

(2) No campaign committee shall accept any contribution in excess of the contribution limitations prescribed in section 3517.102 of the Revised Code:

(a) Unless a declaration of no limits has been filed under division (D)(2) of this section;

(b) In violation of division (D)(4) of this section once the candidate who filed a personal funds notice under division (C)(3) of this section fails to file a declaration of candidacy or nominating petition or that candidate dies or withdraws.

(3) No campaign committee that violates division (E)(1) of this section shall expend any personal funds in excess of the amount specified in division (C)(1) or (2) of this section, whichever is appropriate to the committee.

(4) The candidate of any campaign committee that violates division (E) of this section shall forfeit the candidate’s nomination, if the candidate was nominated, or the office to which the candidate was elected, if the candidate was elected to office.

(F)(1) Whenever a campaign committee files a notice under division (C)(1) or (2) of this section or whenever the contribution limitations prescribed in section 3517.102 of the Revised Code do not apply to a campaign committee under division (D)(1) of this section, that committee is not a designated state campaign committee for the purpose of the limitations prescribed in section 3517.102 of the Revised Code with regard to contributions made by that campaign committee to a legislative campaign

fund or to a state candidate fund of a state or county political party.

(2) Division (F)(1) of this section no longer applies to a campaign committee after both of the following occur:

(a) The primary or general election period during which the contribution limitations prescribed in section 3517.102 of the Revised Code did not apply after being removed pursuant to division (D) of this section has expired;

(b) When the campaign committee has disposed of all excess funds and excess aggregate contributions as required under section 3517.1010 of the Revised Code.

3517.104 Adjustments to limitations

(A) In January of each odd-numbered year, the secretary of state, in accordance with this division and division (B) of this section, shall adjust each amount specified in section 3517.102 and in division (B)(4)(e) of section 3517.10 of the Revised Code. The adjustment shall be based on the yearly average of the previous two years of the Consumer Price Index for All Urban Consumers or its successive equivalent, as determined by the United States department of labor, bureau of labor statistics, or its successor in responsibility, for all items, Series A. Using the 1996 yearly average as the base year, the secretary of state shall compare the most current average consumer price index with that determined in the preceding odd-numbered year, and shall determine the percentage increase or decrease. The percentage increase or decrease shall be multiplied by the actual dollar figure for each office or entity specified in section 3517.102 of the Revised Code and by each actual dollar figure specified in division (B)(4)(e) of section 3517.10 of the Revised Code as determined in the previous odd-numbered year, and the product shall be added to or subtracted from its corresponding actual dollar figure, as necessary, for that previous odd-numbered year.

The resulting amount shall be rounded to the nearest twenty-five dollars if the calculations are made regarding the amounts specified in division (B)(4)(e) of section 3517.10 of the Revised Code.



If the calculations are made regarding the amounts specified in section 3517.102 of the Revised Code, the resulting amount shall not be rounded. If that resulting amount is less than one hundred dollars, the secretary of state shall retain a record of the resulting amount and the manner in which it was calculated, but shall not make an adjustment unless the resulting amount, when added to the resulting amount calculated in each prior odd-numbered year since the last adjustment was made, equals or exceeds one hundred dollars.

(B)(1) The secretary of state shall calculate the adjustment under division (A) of this section and shall report the calculations and necessary materials to the auditor of state, on or before the thirty-first day of January of each odd-numbered year. The secretary of state shall base the adjustment on the most current consumer price index that is described in division (A) of this section and that is in effect as of the first day of January of each odd-numbered year.

(2) The calculations made by the secretary of state under divisions (A) and (B)(1) of this section shall be certified by the auditor of state on or before the fifteenth day of February of each odd-numbered year.

(3) On or before the twenty-fifth day of February of each odd-numbered year, the secretary of state shall prepare a report setting forth the maximum contribution limitations under section 3517.102 of the Revised Code, the maximum amounts, if any, of contributions permitted to be kept under that section, and the amounts required under division (B)(4)(e) of section 3517.10 of the Revised Code for reporting contributions and in-kind contributions at social or fund-raising activities and contributions from amounts deducted from an employee’s wages and salary, as calculated and certified pursuant to divisions (A) and (B)(1) and (2) of this section. The report and all documents relating to the calculations contained in the report are public records. The report shall contain an indication of the period in which the limitations, the maximum contribution amounts, and the reporting amounts apply, a summary of how the limitations, the maximum contribution amounts, and the reporting amounts were calculated,

and a statement that the report and all related documents are available for inspection and copying at the office of the secretary of state.

(4) On or before the twenty-fifth day of February of each odd-numbered year, the secretary of state shall transmit the report to the general assembly and shall send the report by mail to the board of elections of each county.

(5) The secretary of state shall send the report by mail to each person who files a declaration of candidacy or nominating petition with the secretary of state for the office of governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, member of the state board of education, chief justice of the supreme court, or justice of the supreme court. The report shall be mailed on or before the tenth day after the filing.

(6) A board of elections shall send the report by mail to each person who files a declaration of candidacy or nominating petition with the board for the office of state representative or state senator. The report shall be mailed on or before the tenth day after the filing.

3517.105 Independent expenditures

(A)(1) As used in this section, “public political advertising” means advertising to the general public through a broadcasting station, newspaper, magazine, poster, yard sign, or outdoor advertising facility, by direct mail, or by any other means of advertising to the general public.

(2) For purposes of this section and section 3517.20 of the Revised Code, a person is a member of a political action committee if the person makes one or more contributions to that political action committee, and a person is a member of a political contributing entity if the person makes one or more contributions to, or pays dues, membership fees, or other assessments to, that political contributing entity.

(B)(1) Whenever a candidate, a campaign committee, a political action committee or political contributing entity with ten or



more members, or a legislative campaign fund makes an independent expenditure, or whenever a political action committee or political contributing entity with fewer than ten members makes an independent expenditure in excess of one hundred dollars for a local candidate, in excess of two hundred fifty dollars for a candidate for the office of member of the general assembly, or in excess of five hundred dollars for a statewide candidate, for the purpose of financing communications advocating the election or defeat of an identified candidate or solicits without the candidate’s express consent a contribution for or against an identified candidate through public political advertising, a statement shall appear or be presented in a clear and conspicuous manner in the advertising that does both of the following:

(a) Clearly indicates that the communication or public political advertising is not authorized by the candidate or the candidate’s campaign committee;

(b) Clearly identifies the candidate, campaign committee, political action committee, political contributing entity, or legislative campaign fund that has paid for the communication or public political advertising in accordance with section 3517.20 of the Revised Code.

(2)(a) Whenever any campaign committee, legislative campaign fund, political action committee, political contributing entity, or political party makes an independent expenditure in support of or opposition to any candidate, the committee, entity, fund, or party shall report the independent expenditure and identify the candidate on a statement prescribed by the secretary of state and filed by the committee, entity, fund, or party as part of its statement of contributions and expenditures pursuant to division (A) of section 3517.10 and division (A) of section 3517.11 of the Revised Code.

(b) Whenever any individual, partnership, or other entity, except a corporation, labor organization, campaign committee, legislative campaign fund, political action

committee, political contributing entity, or political party, makes one or more independent expenditures in support of or opposition to any candidate, the individual, partnership, or other entity shall file with the secretary of state in the case of a statewide candidate, or with the board of elections in the county in which the candidate files the candidate’s petitions for nomination or election for district or local office, 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, a statement itemizing all independent expenditures made during the period since the close of business on the last day reflected in the last previously filed such statement, if any. The statement shall be made on a form prescribed by the secretary of state or shall be filed by electronic means of transmission pursuant to division (G) of section 3517.106 of the Revised Code as authorized or required by that division. The statement shall indicate the date and the amount of each independent expenditure and the candidate on whose behalf it was made and shall be made under penalty of election falsification.

(C)(1) Whenever a corporation, labor organization, campaign committee, political action committee with ten or more members, or legislative campaign fund makes an independent expenditure, or whenever a political action committee with fewer than ten members makes an independent expenditure in excess of one hundred dollars for a local ballot issue or question, or in excess of five hundred dollars for a statewide ballot issue or question, for the purpose of financing communications advocating support of or opposition to an identified ballot issue or question or solicits without the express consent of the ballot issue committee a contribution for or against an identified ballot issue or question through public political advertising, a statement shall appear or be presented in a clear and conspicuous manner in the advertising that does both of the following:



(a) Clearly indicates that the communication or public political advertising is not authorized by the identified ballot issue committee;

(b) Clearly identifies the corporation, labor organization, campaign committee, legislative campaign fund, or political action committee that has paid for the communication or public political advertising in accordance with section 3517.20 of the Revised Code.

(2)(a) Whenever any corporation, labor organization, campaign committee, legislative campaign fund, political party, or political action committee makes an independent expenditure in support of or opposition to any ballot issue or question, the corporation or labor organization shall report the independent expenditure in accordance with division (C) of section 3599.03 of the Revised Code, and the campaign committee, legislative campaign fund, political party, or political action committee shall report the independent expenditure and identify the ballot issue or question on a statement prescribed by the secretary of state and filed by the committee, fund, or party as part of its statement of contributions and expenditures pursuant to division (A) of section 3517.10 and division (A) of section 3517.11 of the Revised Code.

(b) Whenever any individual, partnership, or other entity, except a corporation, labor organization, campaign committee, legislative campaign fund, political action committee, or political party, makes one or more independent expenditures in excess of one hundred dollars in support of or opposition to any ballot issue or question, the individual, partnership, or other entity shall file with the secretary of state in the case of a statewide ballot issue or question, or with 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,

a statement itemizing all independent expenditures made during the period since the close of business on the last day reflected in the last previously filed such statement, if any. The statement shall be made on a form prescribed by the secretary of state or shall be filed by electronic means of transmission pursuant to division (G) of section 3517.106 of the Revised Code as authorized or required by that division. The statement shall indicate the date and the amount of each independent expenditure and the ballot issue or question in support of or opposition to which it was made and shall be made under penalty of election falsification.

(3) No person, campaign committee, legislative campaign fund, political action committee, corporation, labor organization, or other organization or association shall use or cause to be used a false or fictitious name in making an independent expenditure in support of or opposition to any candidate or any ballot issue or question. A name is false or fictitious if the person, campaign committee, legislative campaign fund, political action committee, corporation, labor organization, or other organization or association does not actually exist or operate, if the corporation, labor organization, or other organization or association has failed to file a fictitious name or other registration with the secretary of state, if it is required to do so, or if the person, campaign committee, legislative campaign fund, or political action committee has failed to file a designation of the appointment of a treasurer, if it is required to do so by division (D)(1) of section 3517.10 of the Revised Code.

(D) 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 subject to the provisions of this section.



3517.106 Computer storage of information; affirmative defenses for failure to file electronic campaign finance statement; exception to electronic filing


(1) “Statewide office” means any of the offices of governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, chief justice of the supreme court, and justice of the supreme court.

(2) “Addendum to a statement” includes an amendment or other correction to that statement.

(B)(1) The secretary of state shall store on computer the information contained in statements of contributions and expenditures and monthly statements required to be filed under section 3517.10 of the Revised Code and in statements of independent expenditures required to be filed under section 3517.105 of the Revised Code by any of the following:

(a) The campaign committees of candidates for statewide office;

(b) The political action committees and political contributing entities described in division (A)(1) of section 3517.11 of the Revised Code;

(c) Legislative campaign funds;

(d) State political parties;

(e) Individuals, partnerships, corporations, labor organizations, or other entities that make independent expenditures in support of or opposition to a statewide candidate or a statewide ballot issue or question;

(f) The campaign committees of candidates for the office of member of the general assembly;

(g) County political parties, with respect to their state candidate funds.

(2) The secretary of state shall store on computer the information contained in disclosure of

electioneering communications statements required to be filed under section 3517.1011 of the Revised Code.

(3) The secretary of state shall store on computer the information contained in deposit and disbursement statements required to be filed with the office of the secretary of state under section 3517.1012 of the Revised Code.

(4) The secretary of state shall store on computer the gift and disbursement information contained in statements required to be filed with the office of the secretary of state under section 3517.1013 of the Revised Code.

(5) The secretary of state shall store on computer the information contained in donation and disbursement statements required to be filed with the office of the secretary of state under section 3517.1014 of the Revised Code.

(C)(1) The secretary of state shall make available to the campaign committees, political action committees, political contributing entities, legislative campaign funds, political parties, individuals, partnerships, corporations, labor organizations, treasurers of transition funds, and other entities described in division (B) of this section, and to members of the news media and other interested persons, for a reasonable fee, computer programs that are compatible with the secretary of state’s method of storing the information contained in the statements.

(2) The secretary of state shall make the information required to be stored under division (B) of this section available on computer at the secretary of state’s office so that, to the maximum extent feasible, individuals may obtain at the secretary of state’s office any part or all of that information for any given year, subject to the limitation expressed in division (D) of this section.

(D) The secretary of state shall keep the information stored on computer under division (B) of this section for at least six years.

(E)(1) Subject to division (L) of this section and subject to the secretary of state having implemented, tested, and verified the successful



operation of any system the secretary of state prescribes pursuant to division (H)(1) of this section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised Code for the filing of campaign finance statements by electronic means of transmission, the campaign committee of each candidate for statewide office may file the statements prescribed by section 3517.10 of the Revised Code by electronic means of transmission or, if the total amount of the contributions received or the total amount of the expenditures made by the campaign committee for the applicable reporting period as specified in division (A) of section 3517.10 of the Revised Code exceeds ten thousand dollars, shall file those statements by electronic means of transmission.

Except as otherwise provided in this division, within five business days after a statement filed by a campaign committee of a candidate for statewide office is received by the secretary of state by electronic or other means of transmission, the secretary of state shall make available online to the public through the internet, as provided in division (I) of this section, the contribution and expenditure information in that statement. The secretary of state shall not make available online to the public through the internet any contribution or expenditure information contained in a statement for any candidate until the secretary of state is able to make available online to the public through the internet the contribution and expenditure information for all candidates for a particular office, or until the applicable filing deadline for that statement has passed, whichever is sooner. As soon as the secretary of state has available all of the contribution and expenditure information for all candidates for a particular office, or as soon as the applicable filing deadline for a statement has passed, whichever is sooner, the secretary of state shall simultaneously make available online to the public through the internet the information for all candidates for that office.

If a statement filed by electronic means of transmission is found to be incomplete or inaccurate after the examination of the

statement for completeness and accuracy pursuant to division (B)(3)(a) of section 3517.11 of the Revised Code, the campaign committee shall file by electronic means of transmission any addendum to the statement that provides the information necessary to complete or correct the statement or, if required by the secretary of state under that division, an amended statement.

Within five business days after the secretary of state receives from a campaign committee of a candidate for statewide office an addendum to the statement or an amended statement by electronic or other means of transmission under this division or division (B)(3)(a) of section 3517.11 of the Revised Code, the secretary of state shall make the contribution and expenditure information in the addendum or amended statement available online to the public through the internet as provided in division (I) of this section.

(2) Subject to the secretary of state having implemented, tested, and verified the successful operation of any system the secretary of state prescribes pursuant to division (H)(1) of this section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised Code for the filing of campaign finance statements by electronic means of transmission, a political action committee and a political contributing entity described in division (B)(1)(b) of this section, a legislative campaign fund, and a state political party may file the statements prescribed by section 3517.10 of the Revised Code by electronic means of transmission or, if the total amount of the contributions received or the total amount of the expenditures made by the political action committee, political contributing entity, legislative campaign fund, or state political party for the applicable reporting period as specified in division (A) of section 3517.10 of the Revised Code exceeds ten thousand dollars, shall file those statements by electronic means of transmission.

Within five business days after a statement filed by a political action committee or a political contributing entity described in division (B)(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 of transmission, the secretary of state shall make available online to the public through the internet, as provided in division (I) of this section, the contribution and expenditure information in that statement.

If a statement filed by electronic means of transmission is found to be incomplete or inaccurate after the examination of the statement for completeness and accuracy pursuant to division (B)(3)(a) of section 3517.11 of the Revised Code, the political action committee, political contributing entity, legislative campaign fund, or state political party shall file by electronic means of transmission any addendum to the statement that provides the information necessary to complete or correct the statement or, if required by the secretary of state under that division, an amended statement.

Within five business days after the secretary of state receives from a political action committee or a political contributing entity described in division (B)(1)(b) of this section, a legislative campaign fund, or a state political party an addendum to the statement or an amended statement by electronic or other means of transmission under this division or division (B)(3)(a) of section 3517.11 of the Revised Code, the secretary of state shall make the contribution and expenditure information in the addendum or amended statement available online to the public through the internet as provided in division (I) of this section.

(3) Subject to the secretary of state having implemented, tested, and verified the successful operation of any system the secretary of state prescribes pursuant to division (H)(1) of this section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised Code for the filing of campaign finance statements by electronic means of transmission, a county political party shall file the statements prescribed by section 3517.10 of the Revised Code with respect to its state candidate fund by electronic means of transmission to the office of the secretary of state.

Within five business days after a statement filed by a county political party with respect to its state candidate fund is received by the secretary of state by electronic means of transmission, the secretary of state shall make available online to the public through the internet, as provided in division (I) of this section, the contribution and expenditure information in that statement.

If a statement is found to be incomplete or inaccurate after the examination of the statement for completeness and accuracy pursuant to division (B)(3)(a) of section 3517.11 of the Revised Code, a county political party shall file by electronic means of transmission any addendum to the statement that provides the information necessary to complete or correct the statement or, if required by the secretary of state under that division, an amended statement.

Within five business days after the secretary of state receives from a county political party an addendum to the statement or an amended statement by electronic means of transmission under this division or division (B)(3)(a) of section 3517.11 of the Revised Code, the secretary of state shall make the contribution and expenditure information in the addendum or amended statement available online to the public through the internet as provided in division (I) of this section.

(F)(1) Subject to division (L) of this section and subject to the secretary of state having implemented, tested, and verified the successful operation of any system the secretary of state prescribes pursuant to division (H)(1) of this section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised Code for the filing of campaign finance statements by electronic means of transmission, a campaign committee of a candidate for the office of member of the general assembly or a campaign committee of a candidate for the office of judge of a court of appeals may file the statements prescribed by section 3517.10 of the Revised Code in accordance with division (A)(2) of section 3517.11 of the Revised Code or by electronic 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 as specified in division (A) of section 3517.10 of the Revised Code exceeds ten thousand dollars, shall file those statements by electronic means of transmission to the office of the secretary of state.

Except as otherwise provided in this division, within five business days after a statement filed by a campaign committee of a candidate for the office of member of the general assembly or a campaign committee of a candidate for the office of judge of a court of appeals is received by the secretary of state by electronic or other means of transmission, the secretary of state shall make available online to the public through the internet, as provided in division (I) of this section, the contribution and expenditure information in that statement. The secretary of state shall not make available online to the public through the internet any contribution or expenditure information contained in a statement for any candidate until the secretary of state is able to make available online to the public through the internet the contribution and expenditure information for all candidates for a particular office, or until the applicable filing deadline for that statement has passed, whichever is sooner. As soon as the secretary of state has available all of the contribution and expenditure information for all candidates for a particular office, or as soon as the applicable filing deadline for a statement has passed, whichever is sooner, the secretary of state shall simultaneously make available online to the public through the internet the information for all candidates for that office.

If a statement filed by electronic means of transmission is found to be incomplete or inaccurate after the examination of the statement for completeness and accuracy pursuant to division (B)(3)(a) of section 3517.11 of the Revised Code, the campaign committee shall file by electronic means of transmission to the office of the secretary of state any addendum to the statement that provides the information necessary to complete or correct the statement or, if required by the secretary of state under that division, an amended statement.

Within five business days after the secretary of state receives from a campaign committee of a candidate for the office of member of the general assembly or a campaign committee of a candidate for the office of judge of a court of appeals an addendum to the statement or an amended statement by electronic or other means of transmission under this division or division (B)(3)(a) of section 3517.11 of the Revised Code, the secretary of state shall make the contribution and expenditure information in the addendum or amended statement available online to the public through the internet as provided in division (I) of this section.

(2) If a statement, addendum, or amended statement is not filed by electronic means of transmission to the office of the secretary of state but is filed by printed version only under division (A)(2) of section 3517.11 of the Revised Code with the appropriate board of elections, the campaign committee of a candidate for the office of member of the general assembly or a campaign committee of a candidate for the office of judge of a court of appeals shall file two copies of the printed version of the statement, addendum, or amended statement with the board of elections. The board of elections shall send one of those copies by certified mail to the secretary of state before the close of business on the day the board of elections receives the statement, addendum, or amended statement.

(G) Subject to the secretary of state having implemented, tested, and verified the successful operation of any system the secretary of state prescribes pursuant to division (H)(1) of this section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised Code for the filing of campaign finance statements by electronic means of transmission, any individual, partnership, or other entity that makes independent expenditures in support of or opposition to a statewide candidate or a statewide ballot issue or question as provided in division (B)(2)(b) or (C)(2)(b) of section 3517.105 of the Revised Code may file the statement specified in that division by electronic means of transmission or, if the total amount of independent expenditures made during the reporting period under that division exceeds ten thousand



dollars, shall file the statement specified in that division by electronic means of transmission.

Within five business days after a statement filed by an individual, partnership, or other entity is received by the secretary of state by electronic or other means of transmission, the secretary of state shall make available online to the public through the internet, as provided in division (I) of this section, the expenditure information in that statement.

If a statement filed by electronic means of transmission is found to be incomplete or inaccurate after the examination of the statement for completeness and accuracy pursuant to division (B)(3)(a) of section 3517.11 of the Revised Code, the individual, partnership, or other entity shall file by electronic means of transmission any addendum to the statement that provides the information necessary to complete or correct the statement or, if required by the secretary of state under that division, an amended statement.

Within five business days after the secretary of state receives from an individual, partnership, or other entity described in division (B)(2)(b) or (C)(2)(b) of section 3517.105 of the Revised Code an addendum to the statement or an amended statement by electronic or other means of transmission under this division or division (B)(3)(a) of section 3517.11 of the Revised Code, the secretary of state shall make the expenditure information in the addendum or amended statement available online to the public through the internet as provided in division (I) of this section.

(H)(1) The secretary of state, by rule adopted pursuant to section 3517.23 of the Revised Code, shall prescribe one or more techniques by which a person who executes and transmits by electronic means a statement of contributions and expenditures, a statement of independent expenditures, a disclosure of electioneering communications statement, a deposit and disbursement statement, or a gift and disbursement statement, or a donation and disbursement statement, an addendum to any of those statements, an amended statement of contributions and expenditures, an amended statement of independent expenditures, an amended disclosure of electioneering

communications statement, an amended deposit and disbursement statement, or an amended gift and disbursement statement, or an amended donation and disbursement statement, under this section or section 3517.10, 3517.105, 3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code shall electronically sign the statement, addendum, or amended statement. Any technique prescribed by the secretary of state pursuant to this division shall create an electronic signature that satisfies all of the following:

(a) It is unique to the signer.

(b) It objectively identifies the signer.

(c) It involves the use of a signature device or other means or method that is under the sole control of the signer and that cannot be readily duplicated or compromised.

(d) It is created and linked to the electronic record to which it relates in a manner that, if the record or signature is intentionally or unintentionally changed after signing, the electronic signature is invalidated.

(2) An electronic signature prescribed by the secretary of state under division (H)(1) of this section shall be attached to or associated with the statement of contributions and expenditures, the statement of independent expenditures, the disclosure of electioneering communications statement, the deposit and disbursement statement, the gift and disbursement statement, or the donation and disbursement statement, the addendum to any of those statements, the amended statement of contributions and expenditures, the amended statement of independent expenditures, the amended disclosure of electioneering communications statement, the amended deposit and disbursement statement, or the amended gift and disbursement statement, or the amended donation and disbursement statement that is executed and transmitted by electronic means by the person to whom the electronic signature is attributed. The electronic signature that is attached to or associated with the statement, addendum, or amended statement under this



division shall be binding on all persons and for all purposes under the campaign finance reporting law as if the signature had been handwritten in ink on a printed form.

(I) The secretary of state shall make the contribution and expenditure, the contribution and disbursement, the deposit and disbursement, the gift and disbursement, or the donation and disbursement information in all statements, all addenda to the statements, and all amended statements that are filed with the secretary of state by electronic or other means of transmission under this section or section 3517.10, 3517.105, 3517.1011, 3517.1012, 3517.1013, 3517.1014, or 3517.11 of the Revised Code available online to the public by any means that are searchable, viewable, and accessible through the internet.

(J)(1) As used in this division, “library” means a library that is open to the public and that is one of the following:

(a) A library that is maintained and regulated under section 715.13 of the Revised Code;

(b) A library that is created, maintained, and regulated under Chapter 3375. of the Revised Code.

(2) The secretary of state shall notify all libraries of the location on the internet at which the contribution and expenditure, contribution and disbursement, deposit and disbursement, gift and disbursement, or donation and disbursement information in campaign finance statements required to be made available online to the public through the internet pursuant to division (I) of this section may be accessed.

If that location is part of the world wide web and if the secretary of state has notified a library of that world wide web location as required by this division, the library shall include a link to that world wide web location on each internet-connected computer it maintains that is accessible to the public.

(3) If the system the secretary of state prescribes for the filing of campaign finance statements by electronic means of transmission pursuant

to division (H)(1) of this section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised Code includes filing those statements through the internet via the world wide web, the secretary of state shall notify all libraries of the world wide web location at which those statements may be filed.

If those statements may be filed through the internet via the world wide web and if the secretary of state has notified a library of that world wide web location as required by this division, the library shall include a link to that world wide web location on each internet-connected computer it maintains that is accessible to the public.

(K) It is an affirmative defense to a complaint or charge brought against any campaign committee, political action committee, political contributing entity, legislative campaign fund, or political party, any individual, partnership, or other entity, any person making disbursements to pay the direct costs of producing or airing electioneering communications, or any treasurer of a transition fund, for the failure to file by electronic means of transmission a campaign finance statement as required by this section or section 3517.10, 3517.105, 3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code that all of the following apply to the campaign committee, political action committee, political contributing entity, legislative campaign fund, or political party, the individual, partnership, or other entity, the person making disbursements to pay the direct costs of producing or airing electioneering communications, or the treasurer of a transition fund that failed to so file:

(1) The campaign committee, political action committee, political contributing entity, legislative campaign fund, or political party, the individual, partnership, or other entity, the person making disbursements to pay the direct costs of producing or airing electioneering communications, or the treasurer of a transition fund attempted to file by electronic means of transmission the required statement prior to the deadline set forth in the applicable section.

(2) The campaign committee, political action committee, political contributing entity,



legislative campaign fund, or political party, the individual, partnership, or other entity, the person making disbursements to pay the direct costs of producing or airing electioneering communications, or the treasurer of a transition fund was unable to file by electronic means of transmission due to an expected or unexpected shutdown of the whole or part of the electronic campaign finance statement-filing system, such as for maintenance or because of hardware, software, or network connection failure.

(3) The campaign committee, political action committee, political contributing entity, legislative campaign fund, or political party, the individual, partnership, or other entity, the person making disbursements to pay the direct costs of producing or airing electioneering communications, or the treasurer of a transition fund filed by electronic means of transmission the required statement within a reasonable period of time after being unable to so file it under the circumstance described in division (K)(2) of this section.

(L)(1) The secretary of state shall adopt rules pursuant to Chapter 119. of the Revised Code to permit a campaign committee of a candidate for statewide office that makes expenditures of less than twenty-five thousand dollars during the filing period or a campaign committee for the office of member of the general assembly or the office of judge of a court of appeals that would otherwise be required to file campaign finance statements by electronic means of transmission under division (E) or (F) of this section to file those statements by paper with the office of the secretary of state. Those rules shall provide for all of the following:

(a) An eligible campaign committee that wishes to file a campaign finance statement by paper instead of by electronic means of transmission shall file the statement on paper with the office of the secretary of state not sooner than twenty-four hours after the end of the filing period set forth in section 3517.10 of the Revised Code that is covered by the applicable statement.

(b) The statement shall be accompanied by a fee,

the amount of which the secretary of state shall determine by rule. The amount of the fee established under this division shall not exceed the data entry and data verification costs the secretary of state will incur to convert the information on the statement to an electronic format as required under division (I) of this section.

(c) The secretary of state shall arrange for the information in campaign finance statements filed pursuant to division (L) of this section to be made available online to the public through the internet in the same manner, and at the same times, as information is made available under divisions (E), (F), and (I) of this section for candidates whose campaign committees file those statements by electronic means of transmission.

(d) The candidate of an eligible campaign committee that intends to file a campaign finance statement pursuant to division (L) of this section shall file a notice indicating that the candidate’s campaign committee intends to so file and stating that filing the statement by electronic means of transmission would constitute a hardship for the candidate or for the eligible campaign committee.

(e) An eligible campaign committee that files a campaign finance statement on paper pursuant to division (L) of this section shall review the contribution and information made available online by the secretary of state with respect to that paper filing and shall notify the secretary of state of any errors with respect to that filing that appear in the data made available on that web site.

(f) If an eligible campaign committee whose candidate has filed a notice in accordance with rules adopted under division (L)(1)(d) of this section subsequently fails to file that statement on paper by the applicable deadline established in rules adopted under division (L)(1)(a) of this section, penalties for the late filing of the campaign finance statement shall apply to that campaign committee for each day after that paper filing deadline, as if the campaign committee



had filed the statement after the applicable deadline set forth in division (A) of section 3517.10 of the Revised Code.

(2) The process for permitting campaign committees that would otherwise be required to file campaign finance statements by electronic means of transmission to file those statements on paper with the office of the secretary of state that is required to be developed under division (L)(1) of this section shall be in effect and available for use by eligible campaign committees for all campaign finance statements that are required to be filed on or after June 30, 2005. Notwithstanding any provision of the Revised Code to the contrary, if the process the secretary of state is required to develop under division (L)(1) of this section is not in effect and available for use on and after June 30, 2005, all penalties for the failure of campaign committees to file campaign finance statements by electronic means of transmission shall be suspended until such time as that process is in effect and available for use.

(3) Notwithstanding any provision of the Revised Code to the contrary, any eligible campaign committee that files campaign finance statements on paper with the office of the secretary of state pursuant to division (L)(1) of this section shall be deemed to have filed those campaign finance statements by electronic means of transmission to the office of the secretary of state.

3517.107 Federal political committees

(A) As used in this section, “federal political committee” means a political committee, as defined in the Federal Election Campaign Act, that is registered with the federal election commission under that act.

(B) Any federal political committee may make contributions, expenditures, or independent expenditures from its federal account in connection with any state or local election in Ohio. Prior to making any such contribution, ex-penditure, or independent expenditure, the federal political committee shall register with the secretary of state by filing a copy of its most recent federal statement of

organization. A federal political committee registered with the secretary of state under this division shall file with the secretary of state any amendment to its statement of organization that is required under the Federal Election Campaign Act to be reported to the federal election commission.

(C) When, during any federal reporting period under the Federal Election Campaign Act, a federal political committee makes a contribution, expenditure, or independent expenditure from its federal account in connection with a state or local election in Ohio, the committee shall file with the secretary of state not later than the date on which its report is required to be filed with the appropriate federal office or officer under the Federal Election Campaign Act, copies of the following pages from that report:

(1) The summary page;

(2) The detailed summary page;

(3) The page or pages that contain an itemized list of the contributions, expenditures, and independent expenditures made in connection with state and local elections in Ohio.

The total amount of contributions, expenditures, and independent expenditures made in connection with state and local elections in Ohio shall be reflected on the summary page or on a form that the secretary of state shall prescribe.

(D) When, during any calendar year, a federal political committee makes a contribution from its federal account in connection with a state or local election in Ohio to a state or local political action committee that is required under section 3517.11 of the Revised Code to file any statement prescribed by section 3517.10 of the Revised Code, and the federal political committee and state or local political action committee are established, financed, maintained, or controlled by the same corporation, organization, continuing association, or other person, including any parent, sub-sidiary, division, department, or unit of that corporation, organization, continuing association, or other person, the federal political committee shall file a statement with the secretary of state not later than the last business day of January of the next calendar year. The statement shall be



on a form prescribed by the secretary of state and shall include a list of the names and addresses of contributors that are residents of Ohio that made contributions to the federal political committee during the calendar year covered by the statement and, for each name listed, the aggregate total amount contributed by each contributor during the reporting period.

3517.108 Additional contributions to pay campaign debts

(A) As used in divisions (A) and (B) of this section:

(1) “Candidate” has the same meaning as in section 3517.01 of the Revised Code but includes only candidates for the offices of governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, member of the state board of education, member of the general assembly, chief justice of the supreme court, and justice of the supreme court.

(2) A “general election period” begins on the day after the primary election immediately preceding the general election at which a candidate seeks an office specified in division (A)(1) of this section and ends on the thirty-first day of December following that general election.

(3) A “primary election period” begins on the first day of January of the year following the year in which the general election was held for the office that the candidate seeks, including any mid-term election, and ends on the day of the primary election.

(B) Whenever the campaign committee of a candidate has unpaid debt at the end of a primary election period or at the end of a general election period, the committee may accept additional contributions during the immediately following election period up to the applicable limitation prescribed under section 3517.102 of the Revised Code from any individual, political action committee, political contributing entity, or other campaign committee who, during the primary or general election period for which debt remains unpaid, has contributed less than the contribution limitations prescribed under section 3517.102 of the Revised Code applicable to

that individual, political action committee, political contributing entity, or other campaign committee. Any additional contribution that a campaign committee accepts under this division shall count toward the applicable limitations prescribed under section 3517.102 of the Revised Code for that primary or general election period at the end of which the debt remains unpaid, and shall not count toward the applicable limitations for any other primary or general election period if all of the following conditions apply:

(1) The campaign committee reports, on the statement required to be filed under division (A)(2) of section 3517.10 of the Revised Code, all debt remaining unpaid at the end of the election period. The committee shall also file a separate statement, on a form prescribed by the secretary of state, at the same time that the committee is required to file a statement of contributions and expenditures under section 3517.10 of the Revised Code. The separate statement shall include the name and address of each contributor who makes an additional contribution under division (B) of this section, how the contribution was applied to pay the unpaid debt as required by division (B)(3) of this section, and the balance of the unpaid debt after each contribution was applied to it.

(2) The additional contributions are accepted only during the primary or general election period, whichever is applicable, immediately following the election period covered in the statement filed under division (B)(1) of this section.

(3) All additional contributions made under division (B) of this section are used by the campaign committee that receives them only to pay the debt of the committee reported under division (B)(1) of this section.

(4) The campaign committee maintains a separate account for all additional contributions made under division (B) of this section and uses moneys in that account only to pay the unpaid debt reported under division (B)(1) of this section and to administer the account.

(5) The campaign committee stops accepting additional contributions after funds sufficient



to repay the unpaid debt reported under division (B)(1) of this section have been raised and promptly disposes of any contributions received that exceed the amount of the unpaid debt by returning the excess contributions to the contributors or by giving the excess contributions to an organization that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3), (4), (8), (10), or (19) of the Internal Revenue Code.

3517.109 Disposal of excess funds and contributions; reports and declarations


(1) “Candidate” has the same meaning as in section 3517.01 of the Revised Code but includes only candidates for the offices of governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, member of the state board of education, and member of the general assembly.

(2) “Statewide candidate” means the joint candidates for the offices of governor and lieutenant governor or a candidate for the office of secretary of state, auditor of state, treasurer of state, attorney general, and member of the state board of education.

(3) “Senate candidate” means a candidate for the office of state senator.

(4) “House candidate” means a candidate for the office of state representative.

(5) “State office” means the offices of governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, member of the state board of education, and member of the general assembly.

(6) “Aggregate contribution” means the total of all contributions from a contributor during the pre-filing period.

(7) “Allowable aggregate contribution” means all of the following:

(a) In the case of a contribution from a contributor whose contributions are subject to the contribution limits described in division (B)(1), (2), (3), (6)(a), or (7) of section 3517.102 of the Revised Code, that portion of the amount of the contributor’s aggregate contribution that does not exceed the preprimary contribution limit applicable to that contributor.

(b) In the case of a contribution or contributions from a contributor whose contributions are not subject to the contribution limits described in divisions (B)(1), (2), (3), (6)(a), or (7) of section 3517.102 of the Revised Code, the total of the following:

(i) That portion of the aggregate contribution that was received as in-kind services;

(ii) That portion of the aggregate contribution that was received as cash and does not exceed the applicable preprimary cash transfer or contribution limits described in division (B)(6)(b) of section 3517.102 of the Revised Code.

(8) “Excess aggregate contribution” means, for each contributor, the amount by which that contributor’s aggregate contribution exceeds that contributor’s allowable aggregate contribution.

(9) “Pre-filing period” means the period of time ending on the day that the candidacy petitions are due for the state office for which the candidate has filed and beginning on the latest date of the following:

(a) The first day of January of the year following the general election in which that state office was last on the ballot;

(b) The first day of January of the year following the general election in which the candidate was last a candidate for any office;

(c) The first day of the month following the primary election in which the candidate was last a candidate for any office.



(10) “Filing date” means the last date on which a candidacy petition may be filed for an office.

(11) “Applicable carry-in limit” means thirty-five thousand dollars if the candidate is a house candidate or a candidate for the state board of education, one hundred thousand dollars if the candidate is a senate candidate, and two hundred thousand dollars if the candidate is a statewide candidate other than a candidate for the state board of education.

(12) “Campaign asset” means prepaid, purchased, or donated assets available to the candidate on the date of the filing deadline for the office the candidate is seeking that will be consumed or depleted in the course of the candidate’s election campaign, including, but not limited to, postage, prepaid rent for campaign headquarters, prepaid radio, television, and newspaper advertising, and other prepaid consulting and personal services.

(13) “Permitted funds” means the sum of the following:

(a) The total of the allowable aggregate contribution of each contributor;

(b) The applicable carry-in limit.

(14) “Excess funds” means the amount by which the sum of the total cash on hand and total reported campaign assets exceeds permitted funds.

(15) “Covered candidate” means both of the following:

(a) A candidate who, during the pre-filing period, accepts or has a campaign committee that accepts contributions on the candidate’s behalf for the purpose of nominating or electing the candidate to any office not subject to the contribution limits prescribed in section 3517.102 of the Revised Code;

(b) A person who, during the pre-filing period, accepts or has a campaign committee that accepts contributions on the person’s behalf prior to the person deciding upon or announcing the office for which the person

will become a candidate for nomination or election.

(B) Each candidate who files for state office, not later than the filing date for that office, shall dispose of any excess funds. Each covered candidate who files for state office, not later than the filing date for that office, shall dispose of any excess aggregate contributions.

(C) Any campaign committee that is required to dispose of excess funds or excess aggregate contributions under division (B) of this section shall dispose of that excess amount or amounts by doing any of the following:

(1) Giving the amount to the treasurer of state for deposit into the state treasury to the credit of the Ohio elections commission fund created by division (I) of section 3517.152 of the Revised Code;

(2) Giving the amount to individuals who made contributions to that campaign committee as a refund of all or part of their contributions;

(3) Giving the amount to a corporation that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c) of the Internal Revenue Code.

(D)(1) Subject to division (D)(2) of this section, no candidate or covered candidate shall appear on the ballot, even if certified to appear on the ballot, unless the candidate’s or covered candidate’s campaign committee has disposed of excess funds, excess aggregate contributions, or both as required by divisions (B) and (C) of this section.

(2) If the excess aggregate contributions accepted by a covered candidate or a covered candidate’s campaign committee aggregate a total of less than five thousand dollars from all contributors, that candidate shall not be prohibited from appearing on the ballot under division (D)(1) of this section.

(E)(1) The campaign committee of each candidate required to dispose of excess funds under this section shall file a report, on a form prescribed



by the secretary of state, with the official or board with which the candidate is required to file statements under section 3517.11 of the Revised Code. The report shall be filed by the seventh day following the filing deadline for the office the candidate is seeking, shall indicate the amount of excess funds disposed of, and shall describe the manner in which the campaign committee disposed of the excess amount.

(2) In addition to the information required to be included in a report filed under division (E)(1) of this section, the campaign committee of each covered candidate required to dispose of excess aggregate contributions under this section shall include in that report the source and amount of each excess aggregate contribution disposed of and shall describe the manner in which the campaign committee disposed of the excess amount.

(F)(1) Each campaign committee of a candidate who has filed a declaration of candidacy or a nominating petition for a state office, not later than seven days after the filing date for the office the candidate is seeking, shall file a declaration of filing-day finances, on a form prescribed by the secretary of state, with the official or board with which the candidate is required to file statements under section 3517.11 of the Revised Code.

(2) A declaration of filing-day finances shall list all of the following:

(a) The amount of cash on hand in the candidate’s campaign fund on the filing date for the office the candidate is seeking.

(b) The value and description of all campaign assets worth five hundred dollars or more available to the candidate on the filing date. Assets purchased by the campaign shall be valued at actual cost, and in-kind contributions shall be valued at market value.

(c) The total of all aggregate contributions;

(d) The total of all allowable aggregate contributions;

(e) The applicable carry-in limit, if any.

(3) In addition to the information required to be included in a report of filing-day finances filed under division (F)(1) of this section, the campaign committee of each covered candidate shall include both of the following in that report:

(a) The total of all excess aggregate contributions;

(b) For each contributor, if any, for whom there is an excess aggregate contribution, the name,

address, aggregate contribution, and excess aggregate contribution.

(G) A campaign committee of a candidate is not required to file a declaration of filing-day finances under division (F) of this section if all of the following apply:

(1) The campaign committee has not accepted, during the pre-filing period, any aggregate contribution greater than the applicable amount.

(2) The campaign committee had less than the carry-in amount in cash on hand at the beginning of the pre-filing period.

(3) The candidate files a declaration, on a form prescribed by the secretary of state, with the official or board with which the candidate is required to file statements under section 3517.11 of the Revised Code not later than seven days after the filing date for the office that candidate is seeking, stating that the candidate’s campaign committee has not accepted aggregate contributions as described in division (G)(1) of this section and has less than the carry-in amount in cash on hand as described in division (G)(2) of this section.

3517.1010 Disposal of excess funds


(1) “Aggregate contribution,” “allowable aggregate contribution,” “excess aggregate contribution,” 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 a candidacy petition may be filed for an office.

(3) “Campaign asset” means prepaid, purchased, or donated assets, goods, or services available to the candidate’s campaign committee on the date specified in the filing required under division (F) of this section that will be consumed, depleted, or used in the course of the candidate’s election campaign, including, but not limited to, postage, rent for any campaign office, radio, television, and newspaper advertising, and consulting and personal services.

(4) “Permitted funds” means one of the following:

(a) In the case of a disposal of excess funds under division (B)(1) of this section, the sum of the primary carry-in amount and the product of both of the following:

(i) The sum of the campaign committee’s net cash on hand and the campaign committee’s total reported campaign assets on the day of the primary election less the primary carry-in amount;

(ii) The ratio of the sum of the allowable aggregate contributions of each contributor to the sum of all contributions received, during the period extending from the first day on which, in accordance with division (D) of section 3517.103 of the Revised Code, the contribution limitations prescribed in section 3517.102 of the Revised Code no longer apply to the campaign committee through the end of the primary election period.

For the purposes of division (A)(4)(a) of this section, the allowable aggregate contribution of each contributor is calculated as if the limitations on contributions prescribed in section 3517.102 of the Revised Code were in effect.

As used in division (A)(4)(a) of this section, “primary carry-in amount” is the sum of the campaign committee’s cash on hand and reported campaign assets as reported

on the campaign committee’s declaration of no limits filed pursuant to division (D) of section 3517.103 of the Revised Code.

(b) In the case of a disposal of excess funds under division (B)(5) of this section, the product of both of the following:

(i) The sum of the cash on hand and reported campaign assets at the end of the thirty-first day of December immediately following the general election;

(ii) The ratio of the sum of the allowable aggregate contributions of each contributor and the general carry-in amount to the sum of all contributions received during the general election period and the general carry-in amount.

For the purposes of division (A)(4)(b) of this section, when a candidate has filed a declaration of no limits under division (D)(2) of section 3517.103 of the Revised Code, the allowable aggregate contribution calculated for each contributor is calculated as if the limitations on contributions prescribed in section 3517.102 of the Revised Code were in effect.

As used in division (A)(4)(b) of this section, “general carry-in amount” is the sum of the campaign committee’s reported campaign assets and net cash on hand as of the day of the primary election, after the committee has disposed of excess funds under division (B)(1) of this section, if required. “General election period” has the same meaning as in section 3517.102 of the Revised Code.

(5) “Excess funds” means the amount by which the sum of the campaign committee’s cash on hand on the date specified in the filing required to be made under division (F) of this section and total reported campaign assets exceeds permitted funds.

(6) “Net cash on hand” means the cash on hand on the day of the primary election less the sum of



all debts and obligations reported under division (F) of this section.

(B)(1) Except as otherwise provided in division (G) of this section, the campaign committee of any candidate who has filed a declaration of no limits in accordance with division (D) of section 3517.103 of the Revised Code, and to which the contribution limitations prescribed in section 3517.102 of the Revised Code no longer apply during a primary election period, shall dispose of any excess funds not later than fourteen days after the day on which the primary election was held.

(2) The campaign committee of any candidate that has filed a personal funds notice under division (C)(1) or (2) of section 3517.103 of the Revised Code shall, at the end of the primary election period, do one of the following:

(a) Return that portion of the personal funds remaining in the candidate’s campaign committee fund at the end of the primary election period that are excess funds not later than fourteen days after the day on which the primary election was held;

(b) Retain the personal funds remaining in the candidate’s campaign committee fund at the end of the primary election period and file a statement with the secretary of state declaring that the campaign committee will retain those remaining personal funds in the committee’s campaign fund and indicating the amount of remaining personal funds that would be characterized as excess funds.

(3) If a campaign committee elects to retain personal funds pursuant to division (B)(2)(b) of this section, both of the following apply:

(a) The amount characterized as excess funds is considered to be an expenditure of personal funds for the purpose of determining whether the amount of personal funds the campaign committee has received under division (C)(1) or (2) of section 3517.103 of the Revised Code during an election period exceeds the amounts specified in those divisions.

(b) The campaign committee is not a designated state campaign committee for the purpose of making contributions to a legislative campaign fund or to the state candidate fund of a state or county political party.

(4) Except as otherwise provided in division (G) of this section, the campaign committee of any candidate that has expended personal funds in excess of the amount specified in division (C)(1) or (2) of section 3517.103 of the Revised Code shall dispose of any excess funds not later than fourteen days after the day on which the primary election is held or the thirty-first day of December after the day on which the general election was held, whichever is applicable, or choose to retain personal funds under division (B)(2) of this section. The calculation of excess funds under this division shall be made in the same manner that a campaign committee is required to dispose of excess funds under division (B)(1) or (5) of this section, whichever election period is applicable. For the purposes of this division, the allowable aggregate contribution of each contributor, including one or more contributions from the candidate and from the candidate’s spouse, parents, children, sons-in-law, daughters-in-law, brothers, sisters, grandparents, mothers-in-law, fathers-in-law, brothers-in-law, sisters-in-law, or grandparents by marriage, is calculated for that contributor as if the contribution limitations prescribed by section 3517.102 of the Revised Code were in effect.

(5) Except as otherwise provided in division (G) of this section, the campaign committee of any candidate to which, in accordance with division (D) of section 3517.103 of the Revised Code, the contribution limitations prescribed in section 3517.102 of the Revised Code no longer apply during a general election period shall dispose of any excess funds not later than the thirty-first day of December after the day on which the general election was held.

(6) Notwithstanding division (B) of section 3517.109 of the Revised Code, the amount of 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 3517.103 of the Revised Code is limited to no more than the sum of the following:

(a) The difference between the sum of the cash on hand and reported campaign assets on the date of the declaration of candidacy filing deadline, date of death, or date of withdrawal, whichever is applicable, less the sum of the cash on hand and reported campaign assets reported on the campaign committee’s declaration of no limits under division (D)(2) of section 3517.103 of the Revised Code;

(b) The sum of the aggregate excess contributions of all contributors made from the beginning of the primary election period to the day immediately preceding the day on which contribution limitations prescribed in section 3517.102 of the Revised Code became inapplicable pursuant to division (D)(1) of section 3517.103 of the Revised Code.

(C) Any campaign committee that is required to dispose of excess funds or excess aggregate contributions under division (B) of this section shall dispose of the excess amount or amounts in accordance with division (C) of section 3517.109 of the Revised Code.

(D)(1) Any candidate who knowingly fails to dispose of excess funds or excess aggregate contributions as required by divisions (B) and (C) of this section, except a candidate whose campaign committee has been given a letter of substantial compliance as provided for in division (D)(2) of this section, shall not appear on the ballot, even if the candidate has been certified to appear on the ballot.

(2) The secretary of state shall, after initially examining and reviewing any declaration provided for in division (F) of this section and making a determination that a campaign committee has substantially complied with the disposal requirements of division (B) of this section, promptly issue to the candidate’s campaign committee a letter certifying that committee’s substantial compliance.

(3) The campaign committee of a candidate for state office as defined in division (A) of section 3517.109 of the Revised Code has not substantially complied with the disposal requirements of division (B) of this section if, upon initial review of a declaration filed pursuant to division (F) of this section, it is discovered that the candidate’s campaign committee has failed to dispose of excess funds or excess aggregate contributions totaling in the aggregate more than ten thousand dollars.

(4) The campaign committee of a candidate for member of the general assembly has not substantially complied with the disposal requirements of division (B) of this section if, upon initial review of a declaration filed pursuant to division (F) of this section, it is discovered that the candidate’s campaign committee has failed to dispose of excess funds or excess aggregate contributions totaling in the aggregate more than twenty-five hundred dollars.

(5) Any campaign committee that has received a letter indicating substantial compliance as provided for in division (D)(2) of this section shall, within thirty days after receiving such a letter, fully comply with the disposal requirements of division (B) of this section.

(E) When the campaign committee of a candidate files a personal funds notice in accordance with division (C), or a declaration of no limits in accordance with division (D), of section 3517.103 of the Revised Code, the campaign committee of each such candidate shall file in the case of a primary election period a declaration of primary-day finances not later than fourteen days after the day on which the primary election was held, or shall file in the case of a general election period a declaration of year-end finances not later than the last business day of January of the next calendar year immediately following the day on which the general election was held.

(F) The declaration of primary-day finances and declaration of year-end finances shall be filed on a form prescribed by the secretary of state and shall list all of the following:



(1) The amount of net cash on hand in the candidate’s campaign committee fund at the end of the day on which the primary election was held or cash on hand on the thirty-first day of December immediately following the day on which the general election was held, whichever is appropriate;

(2) In the case of a declaration of primary-day finances, any debt or other obligation incurred by the committee during the primary election period and related to the primary election of the campaign committee’s candidate;

(3) The value and description of all campaign assets worth five hundred dollars or more available to the candidate at the end of the day on which the primary election was held or on the thirty-first day of December immediately following the day on which the general election was held;

(4) The total of all aggregate contributions received by the candidate’s campaign committee during the primary or general election period;

(5) The total of all allowable aggregate contributions received by the candidate’s campaign committee during the primary or general election period, whichever is applicable. The allowable aggregate contribution of each contributor shall be calculated as if the contribution limitations prescribed by section 3517.102 of the Revised Code were in effect.

(6) A description of all excess funds and excess aggregate contributions disposed of by the candidate’s campaign committee in accordance with division (B) of this section for that election.

(G) The campaign committee of a candidate is not required to dispose of excess funds or excess aggregate contributions under division (B) of this section if both of the following apply:

(1) The campaign committee has not accepted any aggregate contribution greater than the amount applicable under that division.

(2) The campaign committee files on a form, prescribed by the secretary of state, with the

official or board with which the candidate is required to file statements under section 3517.11 of the Revised Code, stating that the committee has not accepted aggregate contributions as described in division (G)(1) of this section.

3517.1011 Disbursements for producing or airing electioneering communications; disclosure statement; contents


(1) “Address” has the same meaning as in section 3517.10 of the Revised Code.

(2) “Broadcast, cable, or satellite communication” means a communication that is publicly distributed by a television station, radio station, cable television system, or satellite system.

(3) “Candidate” has the same meaning as in section 3501.01 of the Revised Code;

(4) “Contribution” means any loan, gift, deposit, forgiveness of indebtedness, donation, advance, payment, or transfer of funds or of anything of value, including a transfer of funds from an inter vivos or testamentary trust or decedent’s estate, and the payment by any person other than the person to whom the services are rendered for the personal services of another person, that is made, received, or used to pay the direct costs of producing or airing electioneering communications.

(5)(a) “Coordinated electioneering communication” means any electioneering communication that is made pursuant to any arrangement, coordination, or direction by a candidate or a candidate’s campaign committee, by an officer, agent, employee, or consultant of a candidate or a candidate’s campaign committee, or by a former officer, former agent, former employee, or former consultant of a candidate or a candidate’s campaign committee prior to the airing, broadcasting, or cablecasting of the communication. An electioneering communication is presumed to be a “coordinated electioneering communication” when it is either of the following:



(i) Based on information about a candidate’s plans, projects, or needs provided to the person making the disbursement by the candidate or the candidate’s campaign committee, by an officer, agent, employee, or consultant of the candidate or the candidate’s campaign committee, or by a former officer, former agent, former employee, or former consultant of the candidate or the candidate’s campaign committee, with a view toward having the communication made;

(ii) Made by or through any person who is, or has been, authorized to raise or expend funds on behalf of a candidate or the candidate’s campaign committee, who is, or has been, an officer, agent, employee, or consultant of the candidate or of the candidate’s campaign committee, or who is, or has been, receiving any form of compensation or reimbursement from the candidate or the candidate’s campaign committee or from an officer, agent, employee, or consultant of the candidate or of the candidate’s campaign committee.

(b) An electioneering communication shall not be presumed to be a “coordinated electioneering communication” under division (A)(5) (a)(ii) of this section if the communication is made through any person who provides a service that does not affect the content of the communication, such as communications placed through the efforts of a media buyer, unless that person also affects the content of the communication.

(6) “Disclosure date” means both of the following:

(a) The first date during any calendar year by which a person makes disbursements for the direct costs of producing or airing electioneering communications aggregating in excess of ten thousand dollars;

(b) The same day of the week of each remaining week in the same calendar year as the day of the week of the initial disclosure date established under division (A)(6)(a) of this section, if, during that remaining week, the

person makes disbursements for the direct costs of producing or airing electioneering communications aggregating in excess of one dollar.

(7)(a) “Electioneering communication” means any broadcast, cable, or satellite communication that refers to a clearly identified candidate and that is made during either of the following periods of time:

(i) 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 thirtieth day prior to that primary election, and between the date of the primary election and the thirtieth day prior to the general election at which a candidate will be elected to that office;

(ii) If the person becomes a candidate after the day of the primary election at which candidates were nominated for election to that office, between the date of the primary election and the thirtieth day prior to the general election at which a candidate will be elected to that office.

(b) “Electioneering communication” does not include any of the following:

(i) A communication that is publicly disseminated through a means of communication other than a broadcast, cable, or satellite television or radio station. For example, “electioneering communication” does not include communications appearing in print media, including a newspaper or magazine, handbill, brochure, bumper sticker, yard sign, poster, billboard, and other written materials, including mailings; communications over the internet, including electronic mail; or telephone communications.

(ii) A communication that appears in a news story, commentary, public service announcement, bona fide news



programming, or editorial distributed through the facilities of any broadcast, cable, or satellite television or radio station, unless those facilities are owned or controlled by any political party, political committee, or candidate;

(iii) A communication that constitutes an expenditure or an independent expenditure under section 3517.01 of the Revised Code;

(iv) A communication that constitutes a candidate debate or forum or that solely promotes a candidate debate or forum and is made by or on behalf of the person sponsoring the debate or forum.

(8) “Filing date” has the same meaning as in section 3517.109 of the Revised Code.

(9) “Immigration and Nationality Act” means the Immigration and Nationality Act, 110 Stat. 309 (1996), 8 U.S.C. 1101 et seq., as amended.

(10) “Person” has the same meaning as in section 1.59 of the Revised Code and includes any political organization considered exempt from income taxation under section 527 of the Internal Revenue Code.

(11) “Political committee” means any of the following:

(a) Any committee, club, association, or other group of persons that receives contributions aggregating in excess of one thousand dollars during a calendar year or that makes expenditures aggregating in excess of one thousand dollars during a calendar year;

(b) Any separate segregated fund;

(c) Any state, county, or local committee of a political party that does any of the following:

(i) Receives contributions aggregating in excess of five thousand dollars during a calendar year;

(ii) Makes payments that do not constitute contributions or expenditures aggregating

in excess of five thousand dollars during a calendar year;

(iii) Makes contributions or expenditures aggregating in excess of one thousand dollars during a calendar year.

(12) “Publicly distributed” means aired, broadcast, cablecast, or otherwise disseminated for a fee.

(13) “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,” “county auditor,” “mayor,” or “township trustee” or through an unambiguous reference to the person’s status as a candidate.

(B) For the purposes of this section, a person shall be considered to have made a disbursement if the person has entered into a contract to make the disbursement.

(C) Any person intending to make a disbursement or disbursements for the direct costs of producing or airing electioneering communications, prior to making the first disbursement for the direct costs of producing or airing an electioneering communication, shall file a notice with the office of the secretary of state that the person is intending to make such disbursements.

(D)(1) Every person that makes a disbursement or disbursements for the direct costs of producing and airing electioneering communications aggregating in excess of ten thousand dollars during any calendar year shall file, within twenty-four hours of each disclosure date, a disclosure of electioneering communications statement containing the following information:

(a) The full name and address of the person making the disbursement, of any person sharing or exercising direction or control over the activities of the person making the disbursement, and of 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 one dollar 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) If the disbursements were paid out of a segregated bank account that consists of funds contributed solely by individuals who are United States citizens or nationals or lawfully admitted for permanent residence as defined in section 101(a)(20) of the Immigration and Nationality Act directly to the account for electioneering communications, the information specified in division (D)(2) of this section for all contributors who contributed an aggregate amount of two hundred dollars or more to the segregated bank account and whose contributions were used for making the disbursement or disbursements required to be reported under division (D) of this section during the period covered by the statement. Nothing in this division prohibits or shall be construed to prohibit the use of funds in such a segregated bank account for a purpose other than electioneering communications.

(f) If the disbursements were paid out of funds not described in division (D)(1)(e) of this section, the information specified in division (D)(2) of this section for all contributors who contributed an aggregate amount of two hundred dollars or more to the person making the disbursement and whose contributions were used for making the disbursement or disbursements required to be reported under division (D) of this section during the period covered by the statement.

(2) For each contributor for which information is required to be reported under division (D)(1)(e) or (f) of this section, all of the following shall be reported:

(a) The month, day, and year that the contributor made the contribution or contributions aggregating two hundred dollars or more;

(b)(i) The full name and address of the contributor, and, if the contributor is a political action committee, the registration number assigned to the political action committee under division (D)(1) of section 3517.10 of the Revised Code;

(ii) 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;

(iii) If the contribution is transmitted pursuant to section 3599.031 of the Revised Code from amounts deducted from the wages and salaries of two or more employees that exceed in the aggregate one hundred dollars during the period specified in division (D)(1)(e) or (f) of this section, as applicable, the full name of the employees’ employer and the full name of the labor organization of which the employees are members, if any.

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

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

(3) Subject to the secretary of state having implemented, tested, and verified the successful operation of any system the secretary of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of section 3517.10 and division (H)(1) of section 3517.106 of the Revised Code for the filing of campaign finance statements by electronic means of trans-mission, a person shall file the disclosure of electioneering communications statement prescribed under divisions (D)(1) and (2) of this section by electronic means of transmission to the office of the secretary of state.

Within five business days after the secretary of state receives a disclosure of electioneering



communications statement under this division, the secretary of state shall make available online to the public through the internet, as provided in division (I) of section 3517.106 of the Revised Code, the contribution and disbursement information in that statement.

If a filed disclosure of electioneering communications statement is found to be incomplete or inaccurate after its examination for completeness and accuracy pursuant to division (B)(3)(a) of section 3517.11 of the Revised Code, the person shall file by electronic means of transmission to the office of the secretary of state any addendum, amendment, or other correction to the statement that provides the information necessary to complete or correct the statement or, if required by the secretary of state under that division, an amended statement.

Within five business days after the secretary of state receives an addendum, amendment, or other correction to a disclosure of electioneering communications statement or an amended statement by electronic means of transmission under this division or division (B)(3)(a) of section 3517.11 of the Revised Code, the secretary of state shall make the contribution and disbursement information in the addendum, amendment, or other correction to the statement or amended statement available online to the public through the internet as provided in division (I) of section 3517.106 of the Revised Code.

(E)(1) Any person who makes a contribution for the purpose of funding the direct costs of producing or airing an electioneering communication under this section shall provide the person’s full name and address to the recipient of the contribution at the time the contribution is made.

(2) Any individual who makes a contribution or contributions aggregating two hundred dollars or more for the purpose of funding the direct costs of producing or airing an electioneering communication under this section shall provide 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, to the recipient of the contribution at the time the contribution is made.

(F) In each electioneering communication, a statement shall appear or be presented in a clear and conspicuous manner that does both of the following:

(1) Clearly indicates that the electioneering communication is not authorized by the candidate or the candidate’s campaign committee;

(2) Clearly identifies the person making the disbursement for the electioneering communication in accordance with section 3517.20 of the Revised Code.

(G) Any coordinated electioneering communication is an in-kind contribution, subject to the applicable contribution limits prescribed in section 3517.102 of the Revised Code, to the candidate by the person making disbursements to pay the direct costs of producing or airing the communication.

(H) No person shall make, during the thirty days preceding a primary election or during the thirty days preceding a general election, any broadcast, cable, or satellite communication that refers to a clearly identified candidate using any contributions received from a corporation or labor organization.

3517.1012 Restricted fund; deposit and disbursement statements

(A)(1) Each state and county political party shall establish a restricted fund that is separate from all other accounts of the political party.

(2) A state or county political party shall deposit into its restricted fund all public moneys received from the Ohio political party fund under section 3517.17 of the Revised Code and all gifts that are made to or accepted by the political party from a corporation or labor organization subject to the applicable limitations prescribed in division (X) of section 3517.13 of the Revised Code. A state or county political party may deposit into its restricted fund any gifts that are made to or accepted by the political party from a source other than a corporation or labor organization.



(3) Moneys in a state or county political party’s restricted fund may be disbursed to pay costs incurred for any of the purposes specified in division (A) of section 3517.18 of the Revised Code.

(B) Except as otherwise provided in this division, a state or county political party shall file deposit and disbursement statements, in the same manner as the party is required to file statements of contributions and expenditures under section 3517.10 of the Revised Code, regarding all deposits made into, and all disbursements made from, the party’s restricted fund. Deposit and disbursement statements filed in accordance with this division by a county political party shall be filed by electronic means of transmission to the office of the secretary of state at the times specified in division (A) of section 3517.10 of the Revised Code for the filing of statements of contributions and expenditures if the county political party accepts gifts from a corporation or labor organization under division (A)(2) of this section.

3517.1013 Levin account gifts; statement of disbursements; restrictions


(1) “Gift” means a gift, subscription, loan, advance, or deposit of money, or anything of value given to a state political party that is specifically designated and used to defray any cost incurred on or after the effective date of this section for voter registration, voter identification, get-out-the-vote, or generic campaign activities, and that is not used for the purpose of directly influencing the election of any individual candidate in any particular election for any office.

(2) “Address” has the same meaning as in section 3517.10 of the Revised Code.

(3) “Political party” means a major political party as defined in section 3501.01 of the Revised Code.

(B)(1) Notwithstanding section 3599.03 of the Revised Code, any person, including a for-profit or nonprofit corpo-ration, but not including a public utility, may make a gift to a Levin

account as described in division (D) of this section, if the gift is specifically designated and used to defray any cost incurred on or after the effective date of this section for voter registration, voter identification, get-out-the-vote, or generic campaign activities that would not otherwise be considered a contribution or expenditure.

(2)(a) All gifts made by a corporation, nonprofit corporation, or labor organization under division (B)(1) of this section shall be limited to an aggregate amount of ten thousand dollars in a calendar year in which a candidate for federal office will appear on a ballot at an election to be held in this state.

(b) No corporation, nonprofit corporation, or labor organization shall make a gift under division (B)(1) of this section in any year in which no candidate for federal office will appear on the ballot at an election to be held in this state.

(3) The limitation described in division (B)(2)(a) of this section is in addition to any limitation described in section 3517.1012 or any other section of the Revised Code.

(C)(1) Each state political party that receives a gift under this section shall file, by electronic means of transmission to the office of the secretary of state, a full, true, and itemized statement describing the gift received and the manner in which disbursements were made from the account. The statement shall be filed at the same time as and in conjunction with each filing of a deposit and disbursement statement by the state political party in accordance with division (B) of section 3517.1012 of the Revised Code.

(2) Each statement required under division (C)(1) of this section shall contain all of the following information:

(a) The full name and address of the state political party filing the statement and the full name and address of the party’s treasurer;

(b) A description of each gift received, which shall include all of the following:



(i) The month, day, and year on which the gift was received;

(ii) The full name and address of each donor of the gift;

(iii) The nature of the gift, if other than money;

(iv) The value of the gift in dollars and cents. Each gift received shall be itemized separately, regardless of its amount or value.

(c) An itemization of the manner in which each disbursement was made, which shall include all of the following:

(i) The name and address of the recipient of the disbursement;

(ii) The date of the disbursement;

(iii) The amount of the disbursement;

(iv) The method by which the disbursement was made, such as by cash or check.

(d) The total value of gifts received and gifts disbursed during the reporting period.

(D) All monetary gifts given pursuant to this section shall be deposited in an account separate from other funds and shall be maintained in that separate account, which account shall be designated a “Levin account.” Moneys in a Levin account shall be used only for voter registration, voter identification, get-out-the-vote, or generic campaign activities that would not otherwise be considered a contribution or expenditure.

(E)(1) No state political party shall fail to file a statement required to be filed under this section.

(2) No state political party shall knowingly fail to report, or shall knowingly misrepresent, a gift required to be reported on a statement required to be filed under this section.

(F) No state political party shall expend or use a gift received under this section for a purpose other than to defray a cost incurred on or after the effective date of this section for voter registration, voter identification,

get-out-the-vote, or generic campaign activities that would not otherwise be considered a contribution or expenditure.

(G)(1) Before receiving a gift under this section, each state political party shall appoint a treasurer and file, on a form prescribed by the secretary of state, a designation of that appointment. The designation shall include the full name and address of the political party for which the person has been appointed treasurer. The designation shall be filed with the secretary of state.

(2) The treasurer shall keep a strict account of all gifts required to be reported under this section.

(3) A state political party that has already filed the form required under division (G)(1) of this section prior to receiving a contribution or making an expenditure is considered to have met the requirements of that division.

(H) Upon request, the secretary of state shall issue a receipt for each statement filed under this section. The secretary of state shall maintain a record of the filing for at least six years. All statements filed under this section shall be open to public inspection in the office in which they are filed.

3517.1014 Transition Fund


(1) “Donation” means a gift, subscription, loan, advance, or deposit of money, or anything of value that is specifically designated and used to defray any costs incurred for transition activities and inaugural celebrations and that is not used for the purpose of directly influencing the election of any candidate for any office.

(2) “Costs incurred for transition activities and inaugural celebrations” means legitimate and verifiable costs that are incurred for ordinary and necessary activities associated with either of the following:

(a) The transfer of power or authority from one officeholder to another following a general or special election or appointment to office;



(b) Ceremonies, events, or activities commemorating the commencement of a term or the commencement of an unexpired term of an officeholder.

“Costs incurred for transition activities and inaugural celebrations” includes, but is not limited to, costs incurred for office expenses; salaries for transition personnel; consulting fees; and food, beverages, and entertainment at an inaugural celebration.

(3) “Officeholder” means a person who has been or who may have been elected to any elective office other than a judicial office or who has been appointed to any elective office other than a judicial office.

(B)(1)(a) An officeholder may establish a transition fund to receive donations and to pay costs incurred for transition activities and inaugural celebrations. The officeholder shall file a statement with the secretary of state establishing the fund and designating a treasurer for the fund. The secretary of state shall specify, by rule, the form of the statement.

(b) The treasurer shall terminate the transition fund not later than one hundred twenty days after the fund is established. Donations may be accepted for and deposited into a transition fund, and disbursements may be made from a transition fund, only during the fund’s existence. Costs incurred for transition activities and inaugural celebrations that are to be paid for with moneys from the fund shall be incurred only during the fund’s existence.

(2) An officeholder may establish a transition fund:

(a) The day after the day of the election at which the person seeks election to office, if, based on the number of ballots outstanding for that election and the unofficial results of the election, it is mathematically possible for the person to have been elected to that office;

(b) After the person has been appointed to fill a vacancy in an unexpired term of an elective office.

(3)(a) An officeholder who is elected at a general election or who may be elected at a general election and who wishes to establish a transition fund shall establish that fund not later than the last day of December of the year in which the election was held.

(b) An officeholder who is appointed and who wishes to establish a transition fund shall establish that fund not later than forty-five days after the day the person is appointed to office.

(c) An officeholder who is elected at a special election or who may be elected at a special election and who wishes to establish a transition fund shall establish that fund not later than forty-five days after the day of the special election.

(C)(1)(a) Any campaign committee and any person, including a for-profit corporation, may make a donation to a transition fund.

(b) No campaign committee or person shall make a donation or donations to a transition fund of an officeholder for the joint offices of governor and lieutenant governor aggregating more than ten thousand dollars.

(c) No campaign committee or person shall make a donation or donations to a transition fund of any officeholder other than an officeholder for the joint offices of governor and lieutenant governor aggregating more than two thousand five hundred dollars.

(2) No officeholder shall accept a donation unless both of the following apply:

(a) The officeholder has established a transition fund under division (B) of this section; and

(b) The donation is deposited to the credit of that fund.

(3)(a) No officeholder for the joint offices of governor and lieutenant governor or treasurer of a transition fund for the joint offices of governor and lieutenant governor shall accept a donation or donations from any one campaign committee or any one person aggregating more than ten thousand dollars.



(b) No officeholder other than an officeholder for the joint offices of governor and lieutenant governor and no treasurer of a transition fund for any officeholder other than an officeholder for the joint offices of governor and lieutenant governor shall accept a donation or donations from any one campaign committee or any one person aggregating more than two thousand five hundred dollars.

(D)(1)(a) The treasurer of a transition fund shall keep a strict account of all donations to the fund and all disbursements from the fund.

(b) The treasurer of a transition fund shall deposit all monetary donations received by the transition fund into a separate bank or financial institution account established solely for the transition fund.

(2) The treasurer of a transition fund shall file, by electronic means of transmission to the office of the secretary of state, a full, true, and itemized statement describing each donation received and each disbursement made from the fund not later than four p.m. of the following dates:

(a) The fifteenth day of January of the calendar year following the general election at which the officeholder was elected, or, if the officeholder was elected at a special election or appointed to office, the sixty-fifth day after the transition fund is created, to reflect donations received and disbursements made from the creation of the transition fund to the close of business on the fifth day before the statement is required to be filed;

(b) The fifteenth day of each subsequent month of the fund’s existence, to reflect donations received and disbursements made from the close of business on the last day reflected in the last previously filed statement to the close of business on the fifth day before the statement is required to be filed.

(3) Each statement required under division (D)(2) of this section shall contain the following information:

(a) The full name and address of the treasurer filing the statement and the full name and address of the officeholder who is the beneficiary of the transition fund;

(b) The balance in the transition fund brought forward from the most recently filed statement, if any;

(c) A statement of donations received, which shall include all of the following:

(i) The month, day, and year on which each donation was received;

(ii) The full name and street address of each donor;

(iii) The nature of each donation, if other than money;

(iv) The value of each donation in dollars and cents; and

(v) 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.

(d) A statement of disbursements, which shall include all of the following:

(i) The name and address of the recipient of each disbursement;

(ii) The date of each disbursement;

(iii) The amount of each disbursement;

(iv) The purpose for which each disbursement was made; and

(v) The date the transition fund incurred the cost for which the disbursement was made.

(e) The balance remaining in the fund.

(E)(1) No treasurer of a transition fund shall knowingly fail to file a statement required to be filed under this section.



(2) No treasurer of a transition fund shall knowingly fail to report, or shall knowingly misrepresent, a donation required to be reported on a statement required to be filed under this section.

(3) No treasurer of a transition fund shall knowingly fail to report, or shall knowingly misrepresent, a disbursement required to be reported on a statement required to be filed under this section.

(F) Upon request, the secretary of state shall issue a receipt for each statement filed under this section. The secretary of state shall maintain a record of the filing for at least ten years. All statements filed under this section shall be open to public inspection in the office in which they are filed.

(G)(1) Except as otherwise provided in division (H)(1) or (2) of this section, no treasurer of a transition fund shall make a disbursement from the fund for a purpose other than to pay costs incurred for transition activities and inaugural celebrations.

(2) No treasurer of a transition fund shall make a disbursement from the fund to make a contribution to a campaign committee, political action committee, legislative campaign fund, political party, or political contributing entity.

(3) No treasurer of a transition fund shall make a disbursement from the fund to reimburse any personal expenses of the beneficiary of the transition fund, except to reimburse the beneficiary of the transition fund for costs incurred for transition activities and inaugural celebrations.

(4) No treasurer of a transition fund shall make a disbursement from the fund for the purpose of influencing the results of any election.

(H)(1) Except as otherwise provided in division (H)(2) of this section, after the payment of all costs incurred for transition activities and inaugural celebrations, the treasurer of the transition fund shall dispose of any money or assets remaining in the transition fund prior to terminating the fund by doing either of the following:

(a) 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;

(b) Giving the amount to a corporation that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c) of the Internal Revenue Code.

(2) If, upon the completion of the 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 in the manner provided in division (H)(1) of this section.

(3) In disposing of assets under division (H)(1) or (2) of this section, the treasurer of a transition fund shall not refund to any campaign committee any donation received from that campaign committee.

(I)(1) Not later than one hundred twenty days after a transition fund has been established, the treasurer of the transition fund shall file a final statement of donations and disbursements under division (D) of this section that shall include the disbursements made under division (H)(1) of this section, as applicable. The final statement shall be filed with a termination statement that meets the requirements of division (I)(3) of this section.

(2) Not later than thirty-five days after a determination that the beneficiary of a transition fund has not been elected to office under division (H)(2) of this section, the treasurer of the transition fund shall file a final statement of donations and disbursements under division (D) of this section that shall include the disbursements made under division (H)(2) of this section, as applicable. The final statement shall be filed with a termination statement that meets the requirements of division (I)(3) of this section.

(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 section. The rule shall require that a copy of all available statements from the bank or other financial institution that held transition fund moneys be filed with the termination statement. The bank or financial institution statements shall contain a zero balance confirming 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 termination statement, the rule shall require the treasurer of the transition fund to do both of the following:

(a) State in the termination statement that all transition fund moneys were disposed of prior to the termination of the transition fund;

(b) File with the secretary of state copies of the final bank or financial institution statements within five days after the treasurer receives those statements from the bank or financial institution.

(4) Upon the filing of a termination statement, the transition fund shall cease to exist.

3517.11 Procedures relating to reports of contributions and expenditures

(A)(1) Campaign committees of candidates for statewide office or the state board of education, political action committees or political contributing entities that make contributions to campaign committees of candidates that are required to file the statements prescribed by section 3517.10 of the Revised Code with the secretary of state, political action committees or political contributing entities that make contributions to campaign committees of candidates for member of the general assembly, political action committees or political contributing entities that make contributions to state and national political parties and to legislative campaign funds, political action committees or political contributing entities that receive contributions or make expenditures in connection with a statewide ballot issue, political action committees or political contributing entities that make contributions to

other political action committees or political contributing entities, political parties, and campaign committees, except as set forth in division (A)(3) of this section, legislative campaign funds, and state and national political parties shall file the statements prescribed by section 3517.10 of the Revised Code with the secretary of state.

(2)(a) Except as otherwise provided in division (F) of section 3517.106 of the Revised Code, campaign committees of candidates for all other offices shall file the statements prescribed by section 3517.10 of the Revised Code with the board of elections where their candidates are required to file their petitions or other papers for nomination or election.

(b) A campaign committee of a candidate for office of member of the general assembly or a campaign committee of a candidate for the office of judge of a court of appeals shall file two copies of the printed version of any statement, addendum, or amended statement if the committee does not file pursuant to division (F)(1) or (L) of section 3517.106 of the Revised Code but files by printed version only with the appropriate board of elections. The board of elections shall send one of those copies by certified mail to the secretary of state before the close of business on the day the board of elections receives the statement, addendum, or amended statement.

(3) Political action committees or political contributing entities that only contribute to a county political party, contribute to campaign committees of candidates whose nomination or election is to be submitted only to electors within a county, subdivision, or district, excluding candidates for member of the general assembly, and receive contributions or make expenditures in connection with ballot questions or issues to be submitted only to electors within a county, subdivision, or district shall file the statements prescribed by section 3517.10 of the Revised Code with the board of elections in that county or in the county contained in whole or part within the subdivision or district having a population greater than that of any other county contained



in whole or part within that subdivision or district, as the case may be.

(4) Except as otherwise provided in division (E)(3) of section 3517.106 of the Revised Code with respect to state candidate funds, county political parties shall file the statements prescribed by section 3517.10 of the Revised Code with the board of elections of their respective counties.

(B)(1) The official with whom petitions and other papers for nomination or election to public office are filed shall furnish each candidate at the time of that filing a copy of sections 3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and 3599.031 of the Revised Code and any other materials that the secretary of state may require. Each candidate receiving the materials shall acknowledge their receipt in writing.

(2) On or before the tenth day before the dates on which statements are required to be filed by section 3517.10 of the Revised Code, every candidate subject to the provisions of this section and sections 3517.10 and 3517.106 of the Revised Code shall be notified of the requirements and applicable penalties of those sections. The secretary of state, by certified mail, return receipt requested, shall notify all candidates required to file those statements with the secretary of state’s office. The board of elections of every county shall notify by first class mail any candidate who has personally appeared at the office of the board on or before the tenth day before the statements are required to be filed and signed a form, to be provided by the secretary of state, attesting that the candidate has been notified of the candidate’s obligations under the campaign finance law. The board shall forward the completed form to the secretary of state. The board shall use certified mail, return receipt requested, to notify all other candidates required to file those statements with it.

(3)(a) Any statement required to be filed under sections 3517.081 to 3517.17 of the Revised Code that is found to be incomplete or inaccurate by the officer to whom it is submitted shall be accepted on a conditional basis, and

the person who filed it shall be notified by certified mail as to the incomplete or inaccurate nature of the statement. The secretary of state may examine statements filed for candidates for the office of member of the general assembly and candidates for the office of judge of a court of appeals for completeness and accuracy. The secretary of state shall examine for completeness and accuracy statements that campaign committees of candidates for the office of member of the general assembly and campaign committees of candidates for the office of judge of a court of appeals file pursuant to division (F) or (L) of section 3517.106 of the Revised Code. If an officer at the board of elections where a statement filed for a candidate for the office of member of the general assembly or for a candidate for the office of judge of a court of appeals was submitted finds the statement to be incomplete or inaccurate, the officer shall immediately notify the secretary of state of its incomplete or inaccurate nature. If either an officer at the board of elections or the secretary of state finds a statement filed for a candidate for the office of member of the general assembly or for a candidate for the office of judge of a court of appeals to be incomplete or inaccurate, only the secretary of state shall send the notification as to the incomplete or inaccurate nature of the statement.

Within twenty-one days after receipt of the notice, in the case of a pre-election statement, a postelection statement, a monthly statement, an annual statement, or a semiannual statement prescribed by section 3517.10, an annual statement prescribed by section 3517.101, or a statement prescribed by division (B)(2)(b) or (C)(2)(b) of section 3517.105 or section 3517.107 of the Revised Code, the recipient shall file an addendum, amendment, or other correction to the statement providing the information necessary to complete or correct the statement. The secretary of state may require that, in lieu of filing an addendum, amendment, or other correction to a statement that is filed by electronic means of transmission to the office of the secretary of state pursuant to section 3517.106 of the Revised Code, the recipient



of the notice described in this division file by electronic means of transmission an amended statement that incorporates the information necessary to complete or correct the statement.

The secretary of state shall determine by rule when an addendum, amendment, or other correction to any of the following or when an amended statement of any of the following shall be filed:

(i) A two-business-day statement prescribed by section 3517.10 of the Revised Code;

(ii) A disclosure of electioneering communications statement prescribed by division (D) of section 3517.1011 of the Revised Code;

(iii) A deposit and disbursement statement prescribed under division (B) of section 3517.1012 of the Revised Code;

(iv) A gift and disbursement statement prescribed under section 3517.1013 of the Revised Code;

(v) A donation and disbursement statement prescribed under section 3517.1014 of the Revised Code.

An addendum, amendment, or other correction to a statement that is filed by electronic means of transmission pursuant to section 3517.106 of the Revised Code shall be filed in the same manner as the statement.

The provisions of sections 3517.10, 3517.106, 3517.1011, 3517.1012, 3517.1013, and 3517.1014 of the Revised Code pertaining to the filing of statements of contributions and expenditures, statements of independent expenditures, disclosure of electioneering communications statements, deposit and disbursement statements, gift and disbursement statements, and donation and disbursement statements by electronic means of transmission apply to the filing of addenda, amendments, or other corrections to those statements by electronic means of transmission and the filing of amended statements by electronic means of transmission.

(b) Within five business days after the secretary of state receives, by electronic or other means of transmission, an addendum, amendment, or other correction to a statement or an amended statement under division (B)(3)(a) of this section, the secretary of state, pursuant to divisions (E), (F), (G), and (I) of section 3517.106 or division (D) of section 3517.1011 of the Revised Code, shall make the contribution and expenditure, contribution and disbursement, deposit and disbursement, gift and disbursement, or donation and disbursement information in that addendum, amendment, correction, or amended statement available online to the public through the internet.

(4)(a) The secretary of state or the board of elections shall examine all statements for compliance with sections 3517.08 to 3517.17 of the Revised Code.

(b) The secretary of state may contract with an individual or entity not associated with the secretary of state and experienced in interpreting the campaign finance law of this state to conduct examinations of statements filed by any statewide candidate, as defined in section 3517.103 of the Revised Code.

(c) The examination shall be conducted by a person or entity qualified to conduct it. The results of the examination shall be available to the public, and, when the examination is conducted by an individual or entity not associated with the secretary of state, the results of the examination shall be reported to the secretary of state.

(C)(1) In the event of a failure to file or a late filing of a statement required to be filed under sections 3517.081 to 3517.17 of the Revised Code, or if a filed statement or any addendum, amendment, or other correction to a statement or any amended statement, if an addendum, amendment, or other correction or an amended statement is required to be filed, is incomplete or inaccurate or appears to disclose a failure to comply with or a violation of law, the official whose duty it is to examine the statement shall promptly file a complaint with the Ohio elections commission under section 3517.153 of the Revised Code if the law is one over



which the commission has jurisdiction to hear complaints, or the official shall promptly report the failure or violation to the board of elections and the board shall promptly report it to the prosecuting attorney in accordance with division (J) of section 3501.11 of the Revised Code. If the official files a complaint with the commission, the commission shall proceed in accordance with sections 3517.154 to 3517.157 of the Revised Code.

(2) For purposes of division (C)(1) of this section, a statement or an addendum, amendment, or other correction to a statement or an amended statement required to be filed under sections 3517.081 to 3517.17 of the Revised Code is incomplete or inaccurate under this section if the statement, addendum, amendment, other correction, or amended statement fails to disclose substantially all contributions or, gifts, or donations that are received or deposits that are made that are required to be reported under sections 3517.10, 3517.107, 3517.108, 3517.1011, 3517.1012, 3517.1013, and 3517.1014 of the Revised Code or if the statement, addendum, amendment, other correction, or amended statement fails to disclose at least ninety per cent of the total contributions, gifts, or donations received or deposits made or of the total expenditures or disbursements made during the reporting period.

(D) No certificate of nomination or election shall be issued to a person, and no person elected to an office shall enter upon the performance of the duties of that office, until that person or that person’s campaign committee, as appropriate, has fully complied with this section and sections 3517.08, 3517.081, 3517.10, and 3517.13 of the Revised Code.

3517.12 Appointment of treasurer; report of receipts and expenditures on initiative and referendum petitions

(A) Prior to receiving a contribution or making an expenditure, the circulator or committee in charge of an initiative or referendum petition, or supplementary petition for additional signatures, for the submission of a constitutional amendment, proposed law,

section, or item of any law shall appoint a treasurer and shall file with the secretary of state, on a form prescribed by the secretary of state, a designation of that appointment, including the full name and address of the treasurer and of the circulator or committee.

(B) The circulator or the committee in charge of an initiative or referendum petition, or supplementary petition for additional signatures, for the submission of a constitutional amendment, proposed law, section, or item of any law shall, within thirty days after those petition papers are filed, file with the secretary of state, on a form prescribed by the secretary of state, an itemized statement, made under penalty of election falsification, showing in detail the following:

(1) All money or things of value paid, given, promised, or received for circulating the petitions;

(2) All appointments, promotions, or increases in salary, in positions which were given, promised, or received, or to obtain which assistance was given, promised, or received as a consideration for work done in circulating petitions;

(3) Full names and addresses, including street, city, and state, of all persons to whom such payments or promises were made and of all persons from whom such payments or promises were received;

(4) Full names and addresses, including street, city, and state, of all persons who contributed anything of value to be used in circulating the petitions, and the amounts of those contributions;

(5) Time spent and salaries earned while soliciting signatures to petitions by persons who were regular salaried em-ployees of some person or whom that employer authorized to solicit as part of their regular duties.

If no money or things of value were paid or received or if no promises were made or received as a consideration for work done in circulating a petition, the statement shall contain words to that effect.



(C) The treasurer designated under division (A) of this section shall file statements of contributions and expenditures in accordance with section 3517.10 of the Revised Code regarding all contributions made or received and all expenditures made by that treasurer or the circulator or committee in connection with the initiative or referendum petition, or supplementary petition for additional signatures, for the submission of a constitutional amendment, proposed law, section, or item of any law.

3517.13 Failure to file statements.

(A)(1) No campaign committee of a statewide candidate shall fail to file a complete and accurate statement required under division (A)(1) of section 3517.10 of the Revised Code.

(2) No campaign committee of a statewide candidate shall fail to file a complete and accurate monthly statement, and no campaign committee of a statewide candidate or a candidate for the office of chief justice or justice of the supreme court shall fail to file a complete and accurate two-business-day statement, as required under section 3517.10 of the Revised Code.

As used in this division, “statewide candidate” has the same meaning as in division (F)(2) of section 3517.10 of the Revised Code.

(B) No campaign committee shall fail to file a complete and accurate statement required under division (A)(1) of section 3517.10 of the Revised Code.

(C) No campaign committee shall fail to file a complete and accurate statement required under division (A)(2) of section 3517.10 of the Revised Code.

(D) No campaign committee shall fail to file a complete and accurate statement required under division (A)(3) or (4) of section 3517.10 of the Revised Code.

(E) No person other than a campaign committee shall knowingly fail to file a statement required under section 3517.10 or 3517.107 of the Revised Code.

(F) No person shall make cash contributions to any person totaling more than one hundred dollars in each primary, special, or general election.

(G)(1) No person shall knowingly conceal or misrepresent contributions given or received, expenditures made, or any other information required to be reported by a provision in sections 3517.08 to 3517.13 and 3517.17 of the Revised Code.

(2)(a) No person shall make a contribution to a campaign committee, political action committee, political contributing entity, legislative campaign fund, political party, or person making disbursements to pay the direct costs of producing or airing electioneering communications in the name of another person.

(b) A person does not make a contribution in the name of another when either of the following applies:

(i) An individual makes a contribution from a partnership or other unincorporated business account, if the contribution is reported by listing both the name of the partnership or other unincorporated business and the name of the partner or owner making the contribution as required under division (I) of section 3517.10 of the Revised Code.

(ii) A person makes a contribution in that person’s spouse’s name or in both of their names.

(H) No person within this state, publishing a newspaper or other periodical, shall charge a campaign committee for political advertising a rate in excess of the rate such person would charge if the campaign committee were a general rate advertiser whose advertising was directed to promoting its business within the same area as that encompassed by the particular office that the candidate of the campaign committee is seeking. The rate shall take into account the amount of space used, as well as the type of advertising copy submitted by or on behalf of the campaign committee. All discount privileges otherwise offered by a newspaper or periodical to general rate advertisers shall be available upon equal terms to all campaign committees.



No person within this state, operating a radio or television station or network of stations in this state, shall charge a campaign committee for political broadcasts a rate that exceeds:

(1) During the forty-five days preceding the date of a primary election and during the sixty days preceding the date of a general or special election in which the candidate of the campaign committee is seeking office, the lowest unit charge of the station for the same class and amount of time for the same period;

(2) At any other time, the charges made for comparable use of that station by its other users.

(I) Subject to divisions (K), (L), (M), and (N) of this section, no agency or department of this state or any political subdivision shall award any contract, other than one let by competitive bidding or a contract incidental to such contract or which is by force account, for the purchase of goods costing more than five hundred dollars or services costing more than five hundred dollars to any individual, partnership, association, including, without limitation, a professional association organized under Chapter 1785. of the Revised Code, estate, or trust if the individual has made or the individual’s spouse has made, or any partner, shareholder, administrator, executor, or trustee or the spouse of any of them has made, as an individual, within the two previous calendar years, one or more contributions totaling in excess of one thousand dollars to the holder of the public office having ultimate responsibility for the award of the contract or to the public officer’s campaign committee.

(J) Subject to divisions (K), (L), (M), and (N) of this section, no agency or department of this state or any political subdivision shall award any contract, other than one let by competitive bidding or a contract incidental to such contract or which is by force account, for the purchase of goods costing more than five hundred dollars or services costing more than five hundred dollars to a corporation or business trust, except a professional association organized under Chapter 1785. of the Revised Code, if an owner of more than twenty per cent of the corporation or business trust or the spouse of that person has made, as an individual, within the two previous calendar years, taking into consideration only owners for all

of that period, one or more contributions totaling in excess of one thousand dollars to the holder of a public office having ultimate responsibility for the award of the contract or to the public officer’s campaign committee.

(K) For purposes of divisions (I) and (J) of this section, if a public officer who is responsible for the award of a contract is appointed by the governor, whether or not the appointment is subject to the advice and consent of the senate, excluding members of boards, commissions, committees, authorities, councils, boards of trustees, task forces, and other such entities appointed by the governor, the office of the governor is considered to have ultimate responsibility for the award of the contract.

(L) For purposes of divisions (I) and (J) of this section, if a public officer who is responsible for the award of a contract is appointed by the elected chief executive officer of a municipal corporation, or appointed by the elected chief executive officer of a county operating under an alternative form of county government or county charter, excluding members of boards, commissions, committees, authorities, councils, boards of trustees, task forces, and other such entities appointed by the chief executive officer, the office of the chief executive officer is considered to have ultimate responsibility for the award of the contract.

(M) (1) Divisions (I) and (J) of this section do not apply to contracts awarded by the board of commissioners of the sinking fund, municipal legislative authorities, boards of education, boards of county commissioners, boards of township trustees, or other boards, commissions, committees, authorities, councils, boards of trustees, task forces, and other such entities created by law, by the supreme court or courts of appeals, by county courts consisting of more than one judge, courts of common pleas consisting of more than one judge, or municipal courts consisting of more than one judge, or by a division of any court if the division consists of more than one judge. This division shall apply to the specified entity only if the members of the entity act collectively in the award of a contract for goods or services.



(2) Divisions (I) and (J) of this section do not apply to actions of the controlling board.

(N) (1) Divisions (I) and (J) of this section apply to contributions made to the holder of a public office having ultimate responsibility for the award of a contract, or to the public officer’s campaign committee, during the time the person holds the office and during any time such person was a candidate for the office. Those divisions do not apply to contributions made to, or to the campaign committee of, a candidate for or holder of the office other than the holder of the office at the time of the award of the contract.

(2) Divisions (I) and (J) of this section do not apply to contributions of a partner, shareholder, administrator, executor, trustee, or owner of more than twenty per cent of a corporation or business trust made before the person held any of those positions or after the person ceased to hold any of those positions in the partnership, association, estate, trust, corporation, or business trust whose eligibility to be awarded a contract is being determined, nor to contributions of the person’s spouse made before the person held any of those positions, after the person ceased to hold any of those positions, before the two were married, after the granting of a decree of divorce, dissolution of marriage, or annulment, or after the granting of an order in an action brought solely for legal separation. Those divisions do not apply to contributions of the spouse of an individual whose eligibility to be awarded a contract is being determined made before the two were married, after the granting of a decree of divorce, dissolution of marriage, or annulment, or after the granting of an order in an action brought solely for legal separation.

(O) No beneficiary of a campaign fund or other person shall convert for personal use, and no person shall knowingly give to a beneficiary of a campaign fund or any other person, for the beneficiary’s or any other person’s personal use, anything of value from the beneficiary’s campaign fund, including, without limitation, payments to a beneficiary for services the beneficiary personally performs, except as reimbursement for any of the following:

(1) Legitimate and verifiable prior campaign expenses incurred by the beneficiary;

(2) Legitimate and verifiable ordinary and necessary prior expenses incurred by the beneficiary in connection with duties as the holder of a public office, including, without limitation, expenses incurred through participation in nonpartisan or bipartisan events if the participation of the holder of a public office would normally be expected;

(3) Legitimate and verifiable ordinary and necessary prior expenses incurred by the beneficiary while doing any of the following:

(a) Engaging in activities in support of or opposition to a candidate other than the beneficiary, political party, or ballot issue;

(b) Raising funds for a political party, political action committee, political contributing entity, legislative campaign fund, campaign committee, or other candidate;

(c) Participating in the activities of a political party, political action committee, political contributing entity, legislative campaign fund, or campaign committee;

(d) Attending a political party convention or other political meeting.

For purposes of this division, an expense is incurred whenever a beneficiary has either made payment or is obligated to make payment, as by the use of a credit card or other credit procedure or by the use of goods or services received on account.

(P) No beneficiary of a campaign fund shall knowingly accept, and no person shall knowingly give to the beneficiary of a campaign fund, reimbursement for an expense under division (O) of this section to the extent that the expense previously was reimbursed or paid from another source of funds. If an expense is reimbursed under division (O) of this section and is later paid or reimbursed, wholly or in part, from another source of funds, the beneficiary shall repay the reimbursement received under division (O) of this section to the extent of the



payment made or reimbursement received from the other source.

(Q) No candidate or public official or employee shall accept for personal or business use anything of value from a political party, political action committee, political contributing entity, legislative campaign fund, or campaign committee other than the candidate’s or public official’s or employee’s own campaign committee, and no person shall knowingly give to a candidate or public official or employee anything of value from a political party, political action committee, political contributing entity, legislative campaign fund, or such a campaign committee, except for the following:

(1) Reimbursement for legitimate and verifiable ordinary and necessary prior expenses not otherwise prohibited by law incurred by the candidate or public official or employee while engaged in any legitimate activity of the political party, political action committee, political contributing entity, legislative campaign fund, or such campaign committee. Without limitation, reimbursable expenses under this division include those incurred while doing any of the following:

(a) Engaging in activities in support of or opposition to another candidate, political party, or ballot issue;

(b) Raising funds for a political party, legislative campaign fund, campaign committee, or another candidate;

(c) Attending a political party convention or other political meeting.

(2) Compensation not otherwise prohibited by law for actual and valuable personal services rendered under a written contract to the political party, political action committee, political contributing entity, legislative campaign fund, or such campaign committee for any legitimate activity of the political party, political action committee, political contributing entity, legislative campaign fund, or such campaign committee.

Reimbursable expenses under this division do not include, and it is a violation of this division for a candidate or public official or employee to accept, or for any person to knowingly give to a candidate or public official or employee from a political party, political action committee, political contributing entity, legislative campaign fund, or campaign committee other than the candidate’s or public official’s or employee’s own campaign committee, anything of value for activities primarily related to the candidate’s or public official’s or employee’s own campaign for election, except for contributions to the candidate’s or public official’s or employee’s campaign committee.

For purposes of this division, an expense is incurred whenever a candidate or public official or employee has either made payment or is obligated to make payment, as by the use of a credit card or other credit procedure, or by the use of goods or services on account.

(R) (1) Division (O) or (P) of this section does not prohibit a campaign committee from making direct advance or post payment from contributions to vendors for goods and services for which reimbursement is permitted under division (O) of this section, except that no campaign committee shall pay its candidate or other beneficiary for services personally performed by the candidate or other beneficiary.

(2) If any expense that may be reimbursed under division (O), (P), or (Q) of this section is part of other expenses that may not be paid or reimbursed, the separation of the two types of expenses for the purpose of allocating for payment or reimbursement those expenses that may be paid or reimbursed may be by any reasonable accounting method, considering all of the surrounding circumstances.

(3) For purposes of divisions (O), (P), and (Q) of this section, mileage allowance at a rate not greater than that allowed by the internal revenue service at the time the travel occurs may be paid instead of reimbursement for actual travel expenses allowable.



(S) (1) As used in division (S) of this section:

(a) “State elective office” has the same meaning as in section 3517.092 of the Revised Code.

(b) “Federal office” means a federal office as defined in the Federal Election Campaign Act.

(c) “Federal campaign committee” means a principal campaign committee or authorized committee as defined in the Federal Election Campaign Act.

(2) No person who is a candidate for state elective office and who previously sought nomination or election to a federal office shall transfer any funds or assets from that person’s federal campaign committee for nomination or election to the federal office to that person’s campaign committee as a candidate for state elective office.

(3) No campaign committee of a person who is a candidate for state elective office and who previously sought nomination or election to a federal office shall accept any funds or assets from that person’s federal campaign committee for that person’s nomination or election to the federal office.

(T) (1) Except as otherwise provided in division (B)(6)(c) of section 3517.102 of the Revised Code, a state or county political party shall not disburse moneys from any account other than a state candidate fund to make contributions to any of the following:

(a) A state candidate fund;

(b) A legislative campaign fund;

(c) A campaign committee of a candidate for the office of governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, member of the state board of education, or member of the general assembly.

(2) No state candidate fund, legislative campaign fund, or campaign committee of a candidate for any office described in division (T)(1)(c) of this

section shall knowingly accept a contribution in violation of division (T)(1) of this section.

(U) No person shall fail to file a statement required under section 3517.12 of the Revised Code.

(V) No campaign committee shall fail to file a statement required under division (K)(3) of section 3517.10 of the Revised Code.

(W) (1) No foreign national shall, directly or indirectly through any other person or entity, make a contribution, expenditure, or independent expenditure or promise, either expressly or implicitly, to make a contribution, expenditure, or independent expenditure in support of or opposition to a candidate for any elective office in this state, including an office of a political party.

(2) No candidate, campaign committee, political action committee, political contributing entity, legislative campaign fund, state candidate fund, political party, or separate segregated fund shall solicit or accept a contribution, expenditure, or independent expenditure from a foreign national. The secretary of state may direct any candidate, committee, entity, fund, or party that accepts a contribution, expenditure, or independent expenditure in violation of this division to return the contribution, expenditure, or independent expenditure or, if it is not possible to return the contribution, expenditure, or independent expenditure, then to return instead the value of it, to the contributor.

(3) As used in division (W) of this section, “foreign national” has the same meaning as in section 441e(b) of the Federal Election Campaign Act.

(X) (1) No state or county political party shall transfer any moneys from its restricted fund to any account of the political party into which contributions may be made or from which contributions or expenditures may be made.

(2) (a) No state or county political party shall deposit a contribution or contributions that it receives into its restricted fund.



(b) No state or county political party shall make a contribution or an expenditure from its restricted fund.

(3) (a) No corporation or labor organization shall make a gift or gifts from the corporation’s or labor organization’s money or property aggregating more than ten thousand dollars to any one state or county political party for the party’s restricted fund in a calendar year.

(b) No state or county political party shall accept a gift or gifts for the party’s restricted fund aggregating more than ten thousand dollars from any one corporation or labor organization in a calendar year.

(4) No state or county political party shall transfer any moneys in the party’s restricted fund to any other state or county political party.

(5) No state or county political party shall knowingly fail to file a statement required under section 3517.1012 of the Revised Code.

(Y) The administrator of workers’ compensation and the employees of the bureau of workers’ compensation shall not conduct any business with or award any contract, other than one awarded by competitive bidding, for the purchase of goods costing more than five hundred dollars or services costing more than five hundred dollars to any individual, partnership, association, including, without limitation, a professional association organized under Chapter 1785. of the Revised Code, estate, or trust, if the individual has made, or the individual’s spouse has made, or any partner, shareholder, administrator, executor, or trustee, or the spouses of any of those individuals has made, as an individual, within the two previous calendar years, one or more contributions totaling in excess of one thousand dollars to the campaign committee of the governor or lieutenant governor or to the campaign committee of any candidate for the office of governor or lieutenant governor.

(Z) The administrator of workers’ compensation and the employees of the bureau of workers’ compensation shall not conduct business with or award any contract, other than one awarded by competitive bidding, for the purchase of goods

costing more than five hundred dollars or services costing more than five hundred dollars to a corporation or business trust, except a professional association organized under Chapter 1785. of the Revised Code, if an owner of more than twenty per cent of the corporation or business trust, or the spouse of the owner, has made, as an individual, within the two previous calendar years, taking into consideration only owners for all of such period, one or more contributions totaling in excess of one thousand dollars to the campaign committee of the governor or lieutenant governor or to the campaign committee of any candidate for the office of governor or lieutenant governor.

3517.151 Effect of new elections commission on complaints

(A) On and after January 1, 1996, complaints with respect to acts or failures to act under the sections listed in division (A) of section 3517.153 of the Revised Code shall be filed with the Ohio elections commission created under section 3517.152 of the Revised Code.

(B)(1) If a complaint filed with the Ohio elections commission created under section 3517.152 of the Revised Code alleges an act or failure to act that occurred before August 24, 1995, and the commission imposes a fine, sections 3517.99 and 3517.991 of the Revised Code, and not sections 3517.992 and 3517.993 of the Revised Code, shall apply.

(2) If a complaint filed with the Ohio elections commission created under section 3517.152 of the Revised Code alleges an act or failure to act that is a violation of section 3517.13 of the Revised Code, former divisions (A) to (R) of that section apply to the act or failure to act if it occurred before August 24, 1995, former divisions (A) to (U) of that section apply to the act or failure to act if it occurs on or after August 24, 1995, but before July 13, 1998, former divisions (A) to (V) of that section apply to the act or failure to act if it occurs on or after July 13, 1998, but before December 22, 1999, former divisions (A) to (W) of that section apply to the act or failure to act if it occurs on or after December 22, 1999, but before March 31,



2005, former divisions (A) to (X) of that section apply to the act or failure to act if it occurs on or after March 31, 2005, and divisions (A) to (Z) of that section apply to the act or failure to act if it occurs on or after the effective date of this amendment.

(C) The Ohio elections commission created under section 3517.14 of the Revised Code is abolished at the close of business on December 31, 1995.

3517.152 Creation and membership of elections commission; elections commission fund

(A)(1) There is hereby created the Ohio elections commission consisting of seven members.

Not later than forty-five days after August 24, 1995, the speaker of the house of representatives and the leader in the senate of the political party of which the speaker is a member shall jointly submit to the governor a list of five persons who are affiliated with that political party. Not later than forty-five days after August 24, 1995, the two legislative leaders in the two houses of the general assembly of the major political party of which the speaker is not a member shall jointly submit to the governor a list of five persons who are affiliated with the major political party of which the speaker is not a member. Not later than fifteen days after receiving each list, the governor shall appoint three persons from each list to the commission. The governor shall appoint one person from each list to a term that ends on December 31, 1996, one person from each list to a term that ends on December 31, 1997, and one person from each list to a term that ends on December 31, 1998.

Not later than thirty days after the governor appoints these six members, they shall, by a majority vote, appoint to the commission a seventh member, who shall not be affiliated with a political party. If the six members fail to appoint the seventh member within this thirty-day period, the chief justice of the supreme court, not later than thirty days after the end of the period during which the six members were

required to appoint a member, shall appoint the seventh member, who shall not be affiliated with a political party. The seventh member shall be appointed to a term that ends on December 31, 2001. Terms of the initial members appointed under this division begin on January 1, 1996.

(2) If a vacancy occurs in the position of the seventh member, who is not affiliated with a political party, the six remaining members by a majority vote shall appoint, not later than forty-five days after the date of the vacancy, the seventh member of the commission, who shall not be affiliated with a political party. If these members fail to appoint the seventh member within this forty-five-day period, the chief justice of the supreme court, within fifteen days after the end of this period, shall appoint the seventh member, who shall not be affiliated with a political party. If a vacancy occurs in any of the other six positions on the commission, the legislative leaders of the political party from whose list of persons the member being replaced was appointed shall submit to the governor, not later than thirty days after the date of the vacancy, a list of three persons who are affiliated with that political party. Not later than fifteen days after receiving the list, the governor, with the advice and consent of the senate, shall appoint one person from the list to the commission.

(3) At no time shall more than six members of the commission be affiliated with a political party, and, of these six members, not more than three shall be affiliated with the same political party.

(4) In making appointments to the commission, the governor shall take into consideration the various geographic areas of this state and shall appoint members so that those areas are represented on the commission in a balanced manner, to the extent feasible.

(5) Members of the commission shall be registered electors and shall be of good moral character.

(B) Each member of the Ohio elections commission shall hold office from the date of the member’s appointment until the end of the term for which the



member was appointed. A member appointed to fill a vacancy occurring prior to the expiration of the term for which the member’s predecessor was appointed shall hold office for the remainder of that term. A member shall continue in office subsequent to the expiration date of the member’s term until the member’s successor takes office or until a period of sixty days has elapsed, whichever occurs first. After the initial terms of office provided for in division (A)(1) of this section, terms of office shall be for five years.

(C) A vacancy in the Ohio elections commission may be caused by death, resignation, or three absences from com-mission meetings in a calendar year if those absences are caused by reasons declared invalid by a vote of five members of the remaining members of the commission.

(D) Each member of the Ohio elections commission while in the performance of the business of the commission shall be entitled to receive compensation at the rate of twenty-five thousand dollars per year. Members shall be reimbursed for expenses actually and necessarily incurred in the performance of their duties.

(E) No member of the Ohio elections commission shall serve more than one full term unless the terms served are served nonconsecutively.

(F)(1) No member of the Ohio elections commission shall do or be any of the following:

(a) Hold, or be a candidate for, a public office;

(b) Serve on a committee supporting or opposing a candidate or ballot question or issue;

(c) Be an officer of the state central committee, a county central committee, or a district, city, township, or other committee of a political party or an officer of the executive committee of the state central committee, a county central committee, or a district, city, township, or other committee of a political party;

(d) Be a legislative agent as defined in section 101.70 of the Revised Code or an executive agency lobbyist as defined in section 121.60 of the Revised Code;

(e) Solicit or be involved in soliciting contributions on behalf of a candidate, campaign committee, political party, political action committee, or political contributing entity;

(f) Be in the unclassified service under section 124.11 of the Revised Code;

(g) Be a person or employee who is excluded from the definition of public employee pursuant to division (C) of section 4117.01 of the Revised Code.

(2) No member or employee of the commission shall make a contribution to, or for the benefit of, a campaign committee or committee in support of or opposition to a ballot question or issue, a political party, a legislative campaign fund, a political action committee, or a political contributing entity.

(G)(1) The members of the Ohio elections commission shall elect a chairperson and a vice-chairperson. At no time shall the chairperson and vice-chairperson be affiliated with the same political party. The chairperson shall serve in that capacity for one year and shall not serve as chairperson more than twice during a term as a member of the commission. No two successive chairpersons shall be affiliated with the same political party.

(2) The commission shall meet at the call of the chairperson or upon the written request of a majority of the members. The meetings and hearings of the commission or a panel of the commission under sections 3517.153 to 3517.157 of the Revised Code are subject to section 121.22 of the Revised Code.

(3) The commission shall adopt rules for its procedures in accordance with Chapter 119. of the Revised Code. Five of the seven members constitute a quorum. Except as otherwise provided in this section and in sections 3517.154 to 3517.157 of the Revised Code, no action shall be taken without the concurrence of a majority of the members.

(H)(1) The Ohio elections commission shall employ



the technical, professional, and clerical employees that are necessary for it to carry out its duties.

(2)(a) Notwithstanding section 109.02 of the Revised Code, the commission shall employ a full-time attorney, and, as needed, one or more investigatory attorneys to conduct investigations for the commission or a panel of the commission. The commission may employ or contract for the services of additional attorneys, as needed. The full-time attorney shall do all of the following:

(i) Serve as the commission’s attorney in regard to all legal matters, including representing the commission at appeals from a final determination of the commission, except that the full-time attorney shall not perform the duties that an investigatory attorney is required or requested to perform or that another attorney the commission employs or con-tracts with for services is required or requested to perform, and shall not represent the commission in any legal pro-ceeding in which the commission is a named party;

(ii) At the request of the commission or a panel of the commission, be present at a hearing held under sections 3517.154 to 3517.156 of the Revised Code to rule on the admissibility of evidence and to advise on the conduct of procedure;

(iii) Perform other duties as required by rule of the commission.

(b) An attorney employed by or under contract with the commission shall be licensed to practice law in this state.

(3)(a) Except as otherwise provided in division (H)(3)(b) of this section, at least five members of the commission shall agree on the employment of a person, a majority of the members shall agree on the discharge of an employee, and a person employed by the commission shall serve at the pleasure of the commission.

(b) At least five of the seven members shall agree on the discharge of an investigatory attorney.

(I) There is hereby created in the state treasury the Ohio elections commission fund. All moneys credited to the fund shall be used solely for the purpose of paying expenses related to the operation of the Ohio elections commission.

3517.153 Filing and form of complaints; recommended legislation; advisory opinions; web site

(A) Upon the filing of a complaint with the Ohio elections commission, which shall be made by affidavit of any person, on personal knowledge, and subject to the penalties for perjury, or upon the filing of a complaint made by the secretary of state or an official at the board of elections, setting forth a failure to comply with or a violation of any provision in sections 3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised Code, the commission shall proceed in accordance with sections 3517.154 to 3517.157 of the Revised Code.

(B) The commission shall prescribe the form for complaints made under division (A) of this section. The secretary of state and boards of elections shall furnish the information that the commission requests. The commission or a member of the commission may administer oaths, and the commission may issue subpoenas to any person in the state compelling the attendance of witnesses and the production of relevant papers, books, accounts, and reports. Section 101.42 of the Revised Code governs the issuance of subpoenas insofar as applicable. Upon the refusal of any person to obey a subpoena or to be sworn or to answer as a witness, the commission may apply to the court of common pleas of Franklin county under section 2705.03 of the Revised Code. The court shall hold proceedings in accordance with Chapter 2705. of the Revised Code.

(C) No prosecution shall commence for a violation of a provision in sections 3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised Code unless a complaint has been filed with the commission under this section and all proceedings of the commission or a panel of the commission, as appropriate, under sections 3517.154 to 3517.157 of the Revised Code are completed.



(D) The commission may recommend legislation and render advisory opinions concerning sections 3517.08, 3517.082, 3517.092, 3517.102, 3517.103, 3517.105, 3517.1014, 3517.13, 3517.18, 3517.20 to 3517.22, 3599.03, and 3599.031 of the Revised Code for persons over whose acts it has or may have jurisdiction. When the commission renders an advisory opinion relating to a specific set of circumstances involving any of those sections stating that there is no violation of a provision in those sections, the person to whom the opinion is directed or a person who is similarly situated may reasonably rely on the opinion and is immune from criminal prosecution and a civil action, including, without limitation, a civil action for removal from public office or employment, based on facts and circumstances covered by the opinion.

(E) The commission shall establish a web site on which it shall post, at a minimum, all decisions and advisory opinions issued by the commission and copies of each election law as it is amended by the general assembly. The commission shall update the web site regularly to reflect any changes to those decisions and advisory opinions and any new decisions and advisory opinions.

3517.154 Review of complaints

(A)(1) The full-time attorney for the Ohio elections commission shall review each complaint filed with the commission under section 3517.153 of the Revised Code, shall determine the nature of the complaint, and, unless division (A)(2)(a) of this section requires that the complaint receive an automatic expedited hearing, shall make a recommendation to the commission for its disposition, in accordance with this section. The attorney shall make the determination and the recommendation, if required, not later than one business day after the complaint is filed.

(2)(a) If the attorney determines that the complaint sets forth a violation of division (B) of section 3517.21 or division (B) of section 3517.22 of the Revised Code and that the complaint is filed during one of the periods of time specified in division (B)(1) of section 3517.156 of the Revised Code, or that the complaint sets forth a violation of section 3517.103 of the Revised Code or a violation described in division (D)

of section 3517.1010 of the Revised Code, the complaint shall receive an automatic expedited hearing under section 3517.156 of the Revised Code.

(b) If the attorney determines that the complaint sets forth a failure to comply with or a violation of division (G), (I), (J), (O), (P), or (Q) of section 3517.13, division (A) of section 3517.21, or division (A) of section 3517.22 of the Revised Code and that the complaint is filed during one of the periods of time specified in division (B)(1) of section 3517.156 of the Revised Code, the attorney shall recommend to the commission that the complaint receive an expedited hearing under section 3517.156 of the Revised Code, and the complaint shall receive such a hearing.

(c) If the attorney determines that the complaint sets forth a failure to comply with or a violation of a section of the Revised Code over which the commission has jurisdiction to hear complaints other than the sections described in divisions (A)(2)(a) and (b) of this section, and unless the attorney makes a determination as provided for in division (A)(3) of this section, the attorney shall recommend to the commission that the complaint be submitted to the commission under section 3517.155 of the Revised Code. After the attorney makes that recommendation, the attorney shall notify all parties to the complaint of the attorney’s recommendation.

(3)(a) If a complaint sets forth a failure to comply with or a violation of a section of the Revised Code over which the commission has jurisdiction to hear complaints other than the sections described in divisions (A)(2)(a) and (b) of this section and if the complaint is filed during one of the periods of time specified in division (B)(1) of section 3517.156 of the Revised Code, the attorney may determine that the complaint should receive an expedited hearing under that section. The attorney shall make that determination by considering one or more of the following:



(i) The number of prior failures to comply with or violations of Title XXXV of the Revised Code that the person or entity against whom the complaint has been brought has committed and any prior penalties the commission has imposed on the person or entity;

(ii) If the complaint involves a statement required to be filed under section 3517.10, division (E) of section 3517.102, or section 3517.103, 3517.105, 3517.107, 3517.108, 3517.109, 3517.1011, 3517.1012, or 3517.1014 of the Revised Code or an addendum required to be filed under section 3517.11 of the Revised Code that is filed late, how late the filing is and how much time has elapsed between the deadline for filing the statement or addendum and the filing of the complaint;

(iii) If the complaint involves contributions and expenditures, contributions and disbursements, deposits and disbursements, gifts and disbursements, or donations and disbursements required to be reported under section 3517.10, division (E) of section 3517.102, or section 3517.105, 3517.107, 3517.108, 3517.109, 3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code that are either not reported or reported late, the number of contributions and expenditures, contributions and disbursements, deposits and disbursements, gifts and disbursements, or donations and disbursements not reported or how late they were reported;

(iv) If the complaint involves contributions required to be reported by a campaign committee under section 3517.10, division (E) of section 3517.102, or section 3517.105, 3517.107, 3517.108, or 3517.109 of the Revised Code that are not reported, whether any of the contributors of the contributions not reported have a personal or professional relationship with the campaign committee’s candidate;

(v) If the complaint involves a statement required to be filed under section 3517.10, division (E) of section 3517.102, or section 3517.103, 3517.105, 3517.107, 3517.108, 3517.109, 3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code that is incomplete, the degree to which it is incomplete;

(vi) If the complaint involves the receipt of contributions in violation of section 3599.03 of the Revised Code, the dollar amount and number of contributions received in violation of that section;

(vii) If the complaint involves a failure to make the identification or a misstatement of the identification required under section 3517.105 or 3517.20 of the Revised Code, whether the failure or misstatement was purposely made;

(viii) If the complaint sets forth a failure to comply with or a violation of a section of the Revised Code described in division (A)(2)(c) of this section, whether the person or entity against whom the complaint has been made has committed more than one such failure or violation within a reasonable amount of time, or whether the cumulative nature of the failures or violations indicates a systematic disregard for the law.

(b) Prior to making a determination under division (A)(3)(a) of this section that the complaint should receive an expedited hearing under section 3517.156 of the Revised Code, the attorney shall take into consideration the number of panels of the commission that have cases pending before them and the number of cases pending before the panels and shall not make a determination that will place an undue burden on a panel of the commission.

(c) If the attorney determines that the complaint should receive an expedited hearing under section 3517.156 of the Revised Code, the attorney shall recommend to the



commission that the complaint receive an expedited hearing, and, if a majority of the members of the commission agrees with the recommendation, the complaint shall receive an expedited hearing under that section.

(4) The attorney may join two or more complaints if the attorney determines that the allegations in each complaint are of the same or similar character, are based on the same act or failure to act, or are based on two or more acts or failures to act constituting parts of a common scheme or plan. If one complaint contains two or more allegations, the attorney may separate the allegations if they are not of the same or similar character, if they are not based on the same act or failure to act, or if they are not based on two or more acts or failures to act constituting parts of a common scheme or plan. If the attorney separates the allegations in a complaint, the attorney may make separate recommendations under division (A)(2) or (3) of this section for each allegation.

(B) Whenever a person or other entity files a complaint with the commission setting forth a failure to comply with or a violation of a section of the Revised Code as described in division (A)(2)(c) of this section and the complaint is filed during one of the periods of time specified in division (B)(1) of section 3517.156 of the Revised Code, the person or entity may request an expedited hearing under that section at the time the complaint is filed. The attorney for the commission shall inform the members of the commission of that request at the time the attorney makes a recommendation under division (A) of this section. The commission may grant the request for an expedited hearing under this division if it determines that an expedited hearing is practicable.

3517.155 Hearings; investigations

(A)(1) Except as otherwise provided in division (B) of this section, the Ohio elections commission shall hold its first hearing on a complaint filed with it, other than a complaint that receives an expedited hearing under section 3517.156 of the Revised Code, not later than ninety business days after the complaint is filed unless the commission has good cause to hold the hearing after that time, in which case it shall

hold the hearing not later than one hundred eighty business days after the complaint is filed. At the hearing, the commission shall determine whether or not the failure to act or the violation alleged in the complaint has occurred and shall do only one of the following, except as otherwise provided in division (B) of this section or in division (B) of section 3517.151 of the Revised Code:

(a) Enter a finding that good cause has been shown not to impose a fine or not to refer the matter to the appropriate prosecutor;

(b) Impose a fine under section 3517.993 of the Revised Code;

(c) Refer the matter to the appropriate prosecutor;

(d) Direct the secretary of state or appropriate board of elections with the authority to certify a candidate to the ballot to remove a candidate’s name from the ballot if the candidate is barred from the ballot under division (D) of section 3517.1010 of the Revised Code.

(2) As used in division (A) of this section, “appropriate prosecutor” means a prosecutor as defined in section 2935.01 of the Revised Code and either of the following:

(a) In the case of a failure to comply with or a violation of law involving a campaign committee or the committee’s candidate, a political party, a legislative campaign fund, a political action committee, or a political contributing entity, that is required to file a statement of contributions and expenditures with the secretary of state under division (A) of section 3517.11 of the Revised Code, the prosecutor of Franklin county;

(b) In the case of a failure to comply with or a violation of law involving any other campaign committee or committee’s candidate, or any other political party , political action committee, or political contributing entity either of the following as determined by the commission:

(i) The prosecutor of Franklin county;



(ii) The prosecutor of the county in which the candidacy or ballot question or issue is submitted to the electors or, if it is submitted in more than one county, the most populous of those counties.

(B) If the commission decides that the evidence is insufficient for it to determine whether or not the failure to act or the violation alleged in the complaint has occurred, the commission, by the affirmative vote of five members, may request that an investigatory attorney investigate the complaint. Upon that request, an investigatory attorney shall make an investigation in order to produce sufficient evidence for the commission to decide the matter. If the commission requests an investigation under this division, for good cause shown by the investigatory attorney, the commission may extend by sixty days the deadline for holding its first hearing on the complaint as required in division (A) of this section.

(C) The commission shall take one of the actions required under division (A) of this section not later than thirty days after the close of all the evidence presented.

(D)(1) The commission shall make any finding of a failure to comply with or a violation of law in regard to a complaint that alleges a violation of division (D) of section 3517.1010, division (A) or (B) of section 3517.21, or division (A) or (B) of section 3517.22 of the Revised Code by clear and convincing evidence. The commission shall make any finding of a failure to comply with or a violation of law in regard to any other complaint by a preponderance of the evidence.

(2) If the commission finds a violation of division (B) of section 3517.21 or division (B) of section 3517.22 of the Revised Code, it shall refer the matter to the appropriate prosecutor under division (A)(1)(c) of this section and shall not impose a fine under division (A)(1)(b) of this section or section 3517.993 of the Revised Code.

(E) In an action before the commission or a panel of the commission, if the allegations of the complainant are not proved, and the commission takes the action described in division (A)(1)(a) of this section or a panel of the commission takes the action described

in division (C)(1) of section 3517.156 of the Revised Code, the commission or a panel of the commission may find that the complaint is frivolous, and, if the commission or panel so finds, the commission shall order the complainant to pay reasonable attorney’s fees and to pay the costs of the commission or panel as determined by a majority of the members of the commission. The costs paid to the commission or panel under this division shall be deposited into the Ohio elections commission fund.

3517.156 Expedited hearings

(A) If a complaint filed with the Ohio elections commission is to receive an expedited hearing pursuant to section 3517.154 of the Revised Code, a panel of at least three members of the commission shall hold a hearing on the complaint to determine whether there is probable cause to refer the matter to the full commission for a hearing under section 3517.155 of the Revised Code. Not more than one-half of the members of a panel shall be affiliated with the same political party. The chairperson of the commission shall call for the selection of a panel, as needed, and shall select the members of the panel by lot.

(B)(1) Except as otherwise provided in section 3517.154 of the Revised Code and divisions (B)(2) and (3) of this section, the panel shall hold one expedited hearing on a complaint forwarded to it by the commission for an expedited hearing in accordance with this division. If a complaint is filed on or after the sixtieth day prior to a primary or special election or on or after the ninetieth day prior to the general election, but not later than the day of the primary, special, or general election to which the complaint relates, the hearing shall be held not later than two business days after the determination required to be made under division (A) of section 3517.154 of the Revised Code is made, unless the panel has good cause to hold the hearing after that time, in which case it shall hold the hearing not later than seven business days after that determination is made. All members of the panel shall be present before any official action may be taken, and a majority vote of the panel is required for any official action.



(2) The commission shall hold a hearing on a complaint that is filed prior to the periods of time specified in division (B)(1) of this section, or filed after the date of the election to which the complaint relates, at the times specified for hearing complaints in section 3517.155 of the Revised Code.

(3) The deadlines provided for in division (B)(1) of this section may be extended by agreement of all parties to the complaint but shall not be extended beyond the deadlines provided for in division (A) of section 3517.155 of the Revised Code.

(C) At the expedited hearing held under division (B)(1) of this section, the panel shall make only one of the following determinations:

(1) There is no probable cause to believe that the failure to comply with or the violation of a law alleged in the com-plaint has occurred. If the panel so determines, it shall dismiss the complaint.

(2) There is probable cause to believe that the failure to comply with or the violation of a law alleged in the complaint has occurred. If the panel so determines, it shall refer the complaint to the full commission, and the commission shall hold a hearing on the complaint under section 3517.155 of the Revised Code not later than ten days after the complaint is referred to it by the panel.

(3) The evidence is insufficient for the panel to make a determination under division (C)(1) or (2) of this section and further investigation of the complaint is necessary. If the panel so determines, it immediately shall request that an investigatory attorney investigate the complaint, and an investigatory attorney shall make an investigation in order to produce sufficient evidence upon which to decide the matter. If the panel requests that an investigatory attorney make an investigation, the complaint shall be referred to the full commission, and the commission shall hold a hearing on the complaint under section 3517.155 of the Revised Code.

(D) No panel of the commission shall impose a fine.

(E) If the panel dismisses the complaint under division (C)(1) of this section, the person who made the complaint may petition the full commission to reconsider the dismissal at a hearing under section 3517.155 of the Revised Code. A petition for reconsideration shall be filed not later than two business days after the dismissal of the complaint. The commission shall render its decision on the petition not later than three business days after receiving the petition. If the petition for reconsideration is granted, the commission shall hold a hearing on the complaint under section 3517.155 of the Revised Code not later than five business days after granting the petition.

If the petition for reconsideration is not granted, the commission shall order the person who filed the complaint to pay reasonable attorney’s fees and to pay the costs of the panel that dismissed the complaint as determined by a majority of the members of the commission. The costs paid to the commission under this division shall be deposited into the Ohio elections commission fund.

(F) As used in this section, “expedited hearing” includes an automatic expedited hearing as prescribed in section 3517.154 of the Revised Code.

3517.157 Limitations; withdrawal or dismissal of complaints; appeals; open meetings

(A) A complaint shall be filed with the Ohio elections commission within two years after the occurrence of the act or failure to act that is the subject of the complaint, except that if the act or failure to act involves fraud, concealment, or misrepresentation and was not discovered during that two-year period, a complaint may be filed within one year after discovery of such act or failure to act.

(B) Whoever files a complaint with the commission under section 3517.153 of the Revised Code may withdraw it at the following times:

(1) If the complaint receives an expedited hearing under section 3517.156 of the Revised Code, at any time prior to the hearing without the permission of the commission, or at any time after the hearing begins but only with the permission of the commission;



(2) If the complaint does not receive an expedited hearing, at any time.

(C) The commission may dismiss a complaint pending before it or before a panel of the commission.

(D) The commission or a panel of the commission shall conduct hearings in accordance with Chapter 119. of the Revised Code and the Rules of Civil Procedure, except as they are inconsistent with rules adopted by the commission. A party adversely affected by a final determination of the commission may appeal from the determination under section 119.12 of the Revised Code.

(E) The privilege granted to an attorney under section 2317.02 of the Revised Code shall be granted to the full-time attorney employed by the commission under division (H)(2) of section 3517.152 of the Revised Code, and the commission or a panel of the commission shall be considered the client of that attorney for purposes of that privilege.

(F) The members of the commission shall not do either of the following except at a meeting of the commission subject to section 121.22 of the Revised Code:

(1) Discuss among themselves a complaint pending before the commission or a panel of the commission;

(2) Discuss a complaint pending before the commission or a panel of the commission with a party to the complaint, an attorney representing a party to the complaint, or an investigatory attorney of the commission.

3517.16 Deposit of moneys into fund

(A) There is hereby created in the state treasury the Ohio political party fund. All moneys received as a result of individuals exercising the checkoff option on their state income tax returns provided for in section 5747.081 of the Revised Code shall be deposited in the fund. The tax commissioner shall pay money from the fund to the auditor of state and to political parties in the manner described in division (B) of this section.

(B)(1) The auditor of state annually shall submit a report to the tax commissioner estimating the

costs that the auditor of state will incur during that year in conducting audits under section 3517.17 of the Revised Code. The tax com-missioner shall pay to the auditor of state, from the Ohio political party fund, moneys sufficient to pay the auditor of state’s estimated costs of the audits referred to in this division.

(2) After the costs of audits are deducted under division (B)(1) of this section, the tax commissioner shall pay any moneys remaining in the fund only to political parties qualifying for them under division (B) of section 3517.17 of the Revised Code.

3517.17 Division of moneys in fund among political parties

(A) At the beginning of each calendar quarter, after the costs of audits are deducted under division (B)(1) of section 3517.16 of the Revised Code, the tax commissioner shall divide any remaining moneys that have accrued in the Ohio political party fund during the previous quarter equally among all qualified political parties in the following manner. Of the public moneys to which a party is entitled:

(1) One-half shall be paid to the treasurer of the state executive committee of the party;

(2) One-half shall be distributed to the treasurer of each county executive committee of the various counties in ac-cordance with the ratio that the number of checkoffs in each county bears to the total number of checkoffs, as determined by the tax commissioner. Each party treasurer receiving public moneys from the Ohio political party fund shall deposit those moneys into the party’s restricted fund created under section 3517.1012 of the Revised Code, shall expend and maintain those moneys subject to the requirements of that section and section 3517.18 of the Revised Code, and shall file deposit and disbursement statements as required by division (B) of section 3517.1012 of the Revised Code. The auditor of state shall annually audit the deposit and disbursement statements of the state committee of a political 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 expended in accordance with law. The auditor of state shall audit the deposit and disbursement statements of each county committee of such a political party to ascertain that all moneys in the party’s restricted fund are expended in accordance with law at the time of the public office audit of that county under Chapter 117. of the Revised Code.

(B) Only major political parties, as defined in section 3501.01 of the Revised Code, may apply for public moneys from the Ohio political party fund. At the end of each even-numbered calendar year, the secretary of state shall announce the names of all such political parties, indicating that they may apply to receive such moneys during the ensuing two years. Any political party named at this time may, not later than the last day of January of the ensuing odd-numbered year, make application with the tax commissioner to receive public moneys. A political party that fails to make a timely application shall not receive public moneys during that two-year period. The tax commissioner shall prescribe an appropriate application form. Moneys from the fund shall be provided during the appropriate two-year period to each political party that makes a timely application in accordance with this division.

3517.18 Purposes for which moneys from fund may be used by political parties

(A) A political party receiving moneys from the Ohio political party fund may expend the moneys only for the fol-lowing purposes:

(1) The defraying of operating and maintenance costs associated with political party headquarters, including rental or leasing costs, staff salaries, office equipment and supplies, postage, and the purchase, lease, or maintenance of computer hardware and software;

(2) The organization of voter registration programs and get-out-the-vote campaigns and the costs associated with voter registration and get-out-the-vote activities, including, but not limited to, rental costs for booth spaces at fairs, festivals, or similar events if voter registration forms are available at those booths, printing

costs for registration forms, mailing costs for communications soliciting voter registration, and payments for the services of persons conducting voter registration and get-out-the-vote activities;

(3) The administration of party fund-raising drives;

(4) Paid advertisements in the electronic or printed media, sponsored jointly by two or more qualified political parties, to publicize the Ohio political party fund and to encourage taxpayers to support the income tax checkoff program;

(5) Direct mail campaigns or other communications with the registered voters of a party that are not related to any particular candidate or election;

(6) The preparation of reports required by law.

(B)(1) Moneys from the Ohio political party fund shall not be used for any of the following purposes:

(a) To further the election or defeat of any particular candidate or to influence directly the outcome of any candidate or issue election;

(b) To pay party debts incurred as the result of any election;

(c) To make a payment clearly in excess of the market value of the item or service that is received for the payment.

(2) Moneys from the Ohio political party fund that are used as rental costs for booth spaces at fairs, festivals, or similar events, at which candidates are present or informational materials about candidates are available, are not used in violation of division (B)(1)(a) of this section if voter registration forms also are available at those booths and booth space is available for use by all candidates of the party renting the booth.

(C) If there is a question about the legitimacy of a party expenditure of public moneys, a designated agent of a political party receiving moneys from the Ohio political party fund may request the Ohio elections commission for an advisory opinion on the



matter prior to making an expenditure of those public moneys. The commission shall afford the highest priority to a request made under this division.

3517.19 Sale of contributor, membership, or mailing lists to financial institutions


(1) “Financial institution” means a bank, savings and loan association, or credit union with its principal office in this state.

(2) “Political party” means only a major political party.

(B) A state political party may sell or lease its contributor, membership, or mailing lists, or any other lists upon which the party and a financial institution may agree, to any financial institution for either or both of the following purposes:

(1) Allowing the financial institution to use the name or logo of the political party on credit cards that it issues to persons identified on or through the contributor, membership, mailing, or other lists;

(2) Allowing the financial institution to use the name and goodwill of the political party in marketing its credit card program to persons identified on or through the contributor, membership, mailing, or other lists.

3517.20 Political communications must be identified; penalty

(A)(1) As used in this section:

(a) “Political publication for or against a candidate” means a notice, placard, advertisement, sample ballot, brochure, flyer, direct mailer, or other form of general publication that is designed to promote the nomination, election, or defeat of a candidate.

(b) “Political publication for or against an issue” means a notice, placard, advertisement, sample ballot, brochure, flyer, direct mailer, or other form of general publication that is

designed to promote the adoption or defeat of a ballot issue or question or to influence the voters in an election.

(c) “Public political advertising” means newspapers, magazines, outdoor advertising facilities, direct mailings, or other similar types of general public political advertising, or flyers, handbills, or other nonperiodical printed matter.

(d) “Statewide candidate” has the same meaning as in section 3517.102 of the Revised Code.

(e) “Legislative candidate” means a candidate for the office of member of the general assembly.

(f) “Local candidate” means a candidate for an elective office of a political subdivision of this state.

(g) “Legislative campaign fund” has the same meaning as in section 3517. 01 of the Revised Code.

(h) “Limited political action committee” means a political action committee of fewer than ten members.

(i) “Limited political contributing entity” means a political contributing entity of fewer than ten members.

(j) “Designated amount” means one hundred dollars in the case of a local candidate or a local ballot issue, two hundred fifty dollars in the case of a legislative candidate, or five hundred dollars in the case of a statewide candidate or a statewide ballot issue.

(k) “To issue” includes to print, post, distribute, reproduce for distribution, or cause to be issued, printed, posted, distributed, or reproduced for distribution.

(l) “Telephone bank” means more than five hundred telephone calls of an identical or substantially similar nature within any thirty-day period, whether those telephone calls are made by individual callers or by recording.




(2) No candidate, campaign committee, legislative campaign fund, political party, or other entity, except a political action committee or political contributing entity, shall issue a form of political publication for or against a candidate, or shall make an expenditure for the purpose of financing political communications in support of or opposition to a candidate through public political advertising, unless the name and residence or business address of the candidate or the chairperson, treasurer, or secretary of the campaign committee, legislative campaign fund, political party, or other entity that issues or otherwise is responsible for that political publication or that makes an expenditure for that political communication appears in a conspicuous place on that political publication or is contained within that political communication.

(3) No limited political action committee or limited political contributing entity shall do either of the following unless the name and residence or business address of the chairperson, treasurer, or secretary of the limited political action committee or limited political contributing entity involved appears in a conspicuous place in the political publication for or against a candidate described in division (A)(3)(a) of this section or is contained within the political communication described in division (A)(3)(b) of this section:

(a) Issue a form of political publication for or against a candidate that costs in excess of the designated amount or that is issued in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a campaign committee, a legislative campaign fund, a political party, a political action committee with ten or more members, a political contributing entity with ten or more members, or a limited political action committee or limited political contributing entity that spends in excess of the designated amount on a related or the same or similar political publication for or against a candidate;

(b) Make an expenditure in excess of the designated amount in support of or

opposition to a candidate or make an expenditure in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a campaign committee, a legislative campaign fund, a political party, a political action committee with ten or more members, a political contributing entity with ten or more members, or a limited political action committee or limited political contributing entity that spends in excess of the designated amount in support of or opposition to the same candidate, for the purpose of financing political communications in support of or opposition to that candidate through public political advertising.

(4) No political action committee with ten or more members and no political contributing entity with ten or more members shall issue a form of political publication for or against a candidate, or shall make an expenditure for the purpose of financing political communications in support of or opposition to a candidate through public political advertising, unless the name and residence or business address of the chairperson, treasurer, or secretary of the political action committee or political contributing entity that issues or otherwise is responsible for that political publication or that makes an expenditure for that political communication through public political advertising appears in a conspicuous place in that political publication or is contained within that political communication.

(5) No corporation, labor organization, campaign committee, legislative campaign fund, political party, or other entity, except a political action committee, shall issue a form of political publication for or against an issue, or shall make an expenditure for the purpose of financing political communications in support of or opposition to a ballot issue or question through public political advertising, unless the name and residence or business address of the chairperson, treasurer, or secretary of the corporation, labor organization, campaign committee, legislative campaign fund, political party, or other entity that issues or otherwise



is responsible for that political publication or that makes an expenditure for that political communication through public political advertising appears in a conspicuous place in that political publication or is contained within that political communication.

(6) No limited political action committee shall do either of the following unless the name and residence or business address of the chairperson, treasurer, or secretary of the limited political action committee involved appears in a conspicuous place in the political publication for or against a ballot issue described in division (A)(6)(a) of this section or is contained within the political communication described in division (A)(6)(b) of this section:

(a) Issue a form of political publication for or against a ballot issue that costs in excess of the designated amount or that is issued in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a campaign committee, a legislative campaign fund, a political party, a political action committee with ten or more members, or a limited political action committee that spends in excess of the designated amount for a related or the same or similar political publication for or against an issue;

(b) Make an expenditure in excess of the designated amount in support of or opposition to a ballot issue or make an expenditure in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a campaign committee, a legislative campaign fund, a political party, a political action committee with ten or more members, or a limited political action committee that spends in excess of the designated amount in support of or opposition to the same ballot issue, for the purpose of financing political communications in support of or opposition to that ballot issue through public political advertising.

(7) No political action committee with ten or more members shall issue a form of political publication for or against an issue, or shall

make an expenditure for the purpose of financing political communications in support of or opposition to a ballot issue or question through public political advertising, unless the name and residence or business address of the chairperson, treasurer, or secretary of the political action committee that issues or otherwise is responsible for that political publication or that makes an expenditure for that political communication appears in a conspicuous place in that political publication or is contained within that political communication.

(8) The disclaimer “paid political advertisement” is not sufficient to meet the requirements of this section.

(9) If the political publication described in division (A) of this section is issued by the regularly constituted central or executive committee of a political party that is organized as provided in this chapter, it shall be sufficiently identified if it bears the name of the committee and its chairperson or treasurer.

(10) If more than one piece of printed matter or printed political communications are mailed as a single packet, the requirements of division (A) of this section are met if one of the pieces of printed matter or printed political communications in the packet contains the name and residence or business address of the chairperson, treasurer, or secretary of the organization or entity that issues or is responsible for the printed matter or other printed political communications.

(11) This section does not apply to the transmittal of personal correspondence that is not reproduced by machine for general distribution.

(12) The secretary of state, by rule, may exempt from the requirements of this section, printed matter and certain other kinds of printed communications such as campaign buttons, balloons, pencils, or similar items, the size or nature of which makes it unreasonable to add an identification or disclaimer.



(13) The disclaimer or identification described in division (A) of this section, when paid for by a campaign committee, shall be identified by the words “paid for by” followed by the name and address of the campaign committee and the appropriate officer of the committee, identified by name and title. The identification or disclaimer may use reasonable abbreviations for common terms such as “treasurer” or “committee”.

(B)(1) No candidate, campaign committee, legislative campaign fund, political party, political action committee, limited political action committee, political contributing entity, limited political contributing entity, or other entity shall utter or cause to be uttered, over the broadcasting facilities of any radio or television station within this state, any communication that is designed to promote the nomination, election, or defeat of a candidate, or the adoption or defeat of an issue or to influence the voters in an election, unless the speaker identifies the speaker with the speaker’s name and residence address or unless the communication identifies the chairperson, treasurer, or secretary of the organization responsible for the communication with the name and residence or business address of that officer, except that communications by radio need not broadcast the residence or business address of the officer. However, a radio station, for a period of at least six months, shall keep the residence or business address on file and divulge it to any person upon request.

No person operating a broadcast station or an organ of printed media shall broadcast or print a paid political communication that does not contain the identification required by this section.

(2) Division (B) of this section does not apply to any communications made on behalf of a radio or television station or network by any employee of such radio or television station or network while acting in the course of the employee’s employment.

(3) No candidate or entity described in division (B)(1) of this section shall use or cause to be used

a false, fictitious, or fraudulent name or address in the making or issuing of a publication or communication included within the provisions of this section.

(C) No candidate, campaign committee, legislative campaign fund, political party, political action committee, limited political action committee, political contributing entity, limited political contributing entity, or other person or entity shall conduct a telephone bank for the purpose of promoting the nomination, election, or defeat of a candidate or the adoption or defeat of an issue or to influence the voters in an election, unless the call includes a disclaimer that identifies the name of the candidate, campaign committee, legislative campaign fund, political party, political action committee, limited political action committee, political contributing entity, limited political contributing entity, or other person or entity paying for the telephone bank.

(D) Before a prosecution may commence under this section, a complaint shall be filed with the Ohio elections commission under section 3517.153 of the Revised Code. After the complaint is filed, the commission shall proceed in accordance with sections 3517.154 to 3517.157 of the Revised Code.

3517.21 Unfair political campaign activities

(A) No person, during the course of any campaign for nomination or election to public office or office of a political party, shall knowingly and with intent to affect the outcome of such campaign do any of the following:

(1) Serve, or place another person to serve, as an agent or employee in the election campaign organization of a candidate for the purpose of acting to impede the conduct of the candidate’s campaign for nomination or election or of reporting information to the employee’s employer or the agent’s principal without the knowledge of the candidate or the candidate’s organization;

(2) Promise, offer, or give any valuable thing or valuable benefit to any person who is employed by or is an agent of a candidate or a candidate’s election campaign organization



for the purpose of influencing the employee or agent with respect to the improper discharge of the employee’s or agent’s campaign duties or to obtain information about the candidate or the candidate’s campaign organization.

(B) No person, during the course of any campaign for nomination or election to public office or office of a political party, by means of campaign materials, including sample ballots, an advertisement on radio or television or in a newspaper or periodical, a public speech, press release, or otherwise, shall knowingly and with intent to affect the outcome of such campaign do any of the following:

(1) Use the title of an office not currently held by a candidate in a manner that implies that the candidate does currently hold that office or use the term “re-elect” when the candidate has never been elected at a primary, general, or special election to the office for which he or she is a candidate;

(2) Make a false statement concerning the formal schooling or training completed or attempted by a candidate; a degree, diploma, certificate, scholarship, grant, award, prize, or honor received, earned, or held by a candidate; or the period of time during which a candidate attended any school, college, community technical school, or institution;

(3) Make a false statement concerning the professional, occupational, or vocational licenses held by a candidate, or concerning any position the candidate held for which the candidate received a salary or wages;

(4) Make a false statement that a candidate or public official has been indicted or convicted of a theft offense, extortion, or other crime involving financial corruption or moral turpitude;

(5) Make a statement that a candidate has been indicted for any crime or has been the subject of a finding by the Ohio elections commission without disclosing the outcome of any legal proceedings resulting from the indictment or finding;

(6) Make a false statement that a candidate or official has a record of treatment or confinement for mental disorder;

(7) Make a false statement that a candidate or official has been subjected to military discipline for criminal misconduct or dishonorably discharged from the armed services;

(8) Falsely identify the source of a statement, issue statements under the name of another person without authorization, or falsely state the endorsement of or opposition to a candidate by a person or publication;

(9) Make a false statement concerning the voting record of a candidate or public official;

(10) Post, publish, circulate, distribute, or otherwise disseminate a false statement concerning a candidate, either knowing the same to be false or with reckless disregard of whether it was false or not, if the statement is designed to promote the election, nomination, or defeat of the candidate.

As used in this section, “voting record” means the recorded “yes” or “no” vote on a bill, ordinance, resolution, motion, amendment, or confirmation.

(C) Before a prosecution may commence under this section, a complaint shall be filed with the Ohio elections commission under section 3517.153 of the Revised Code. After the complaint is filed, the commission shall proceed in accordance with sections 3517.154 to 3517.157 of the Revised Code.

3517.22 Unfair activities in issue campaign

(A) No person during the course of any campaign in advocacy of or in opposition to the adoption of any proposition or issue submitted to the voters shall knowingly and with intent to affect the outcome of such campaign do any of the following:

(1) Serve, or place another person to serve, as an agent or employee in the election campaign organization of a committee which advocates 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 on the proposition or issue or of reporting information to the employee’s employer or the agent’s principal without the knowledge of the committee;

(2) Promise, offer, or give any valuable thing or valuable benefit to any person who is employed by or is an agent of a committee in advocacy of or in opposition to the adoption of any ballot proposition or issue, for the purpose of influencing the employee or agent with respect to the improper discharge of the employee’s or agent’s campaign duties or to obtain information about the committee’s campaign organization.

(B) No person, during the course of any campaign in advocacy of or in opposition to the adoption of any ballot proposition or issue, by means of campaign material, including sample ballots, an advertisement on radio or television or in a newspaper or periodical, a public speech, a press release, or otherwise, shall knowingly and with intent to affect the outcome of such campaign do any of the following:

(1) Falsely identify the source of a statement, issue statements under the name of another person without authorization, or falsely state the endorsement of or opposition to a ballot proposition or issue by a person or publication;

(2) Post, publish, circulate, distribute, or otherwise disseminate, a false statement, either knowing the same to be false or acting with reckless disregard of whether it was false or not, that is designed to promote the adoption or defeat of any ballot proposition or issue.

(C) Before a prosecution may commence under this section, a complaint shall be filed with the Ohio elections com-mission under section 3517.153 of the Revised Code. After the complaint is filed, the commission shall proceed in accordance with sections 3517.154 to 3517.157 of the Revised Code.

3517.23 Rules for administration and enforcement of statutes

The secretary of state shall adopt rules in accordance with Chapter 119. of the Revised Code that are necessary for the administration and enforcement

of sections 3517.08 to 3517.13, 3517.18, 3517.20 to 3517.22, 3599.03, and 3599.031 of the Revised Code and shall provide each candidate, political action committee, political contributing entity, legislative campaign fund, political party, and person making disbursements to pay the direct costs of producing or airing electioneering communications with written instructions and explanations in order to ensure compliance with sections 3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, and 3599.031 of the Revised Code.

3517.992 Penalties for violations on or after 8-24-95.

This section establishes penalties only with respect to acts or failures to act that occur on and after August 24, 1995.

(A)(1) A candidate whose campaign committee violates division (A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code, or a treasurer of a campaign committee who violates any of those divisions, shall be fined not more than one hundred dollars for each day of violation.

(2) Whoever violates division (E) or (X)(5) of section 3517.13 or division (E)(1) of section 3517.1014 of the Revised Code shall be fined not more than one hundred dollars for each day of violation.

(B) A political party that violates division (F)(1) of section 3517.101 of the Revised Code shall be fined not more than one hundred dollars for each day of violation.

(C) Whoever violates division (F)(2) of section 3517.101, division (G) of section 3517.13, or division (E)(2) or (3) of section 3517.1014 of the Revised Code shall be fined not more than ten thousand dollars or, if the offender is a person who was nominated or elected to public office, shall forfeit the nomination or the office to which the offender was elected, or both.

(D) Whoever violates division (F) of section 3517.13 of the Revised Code shall be fined not more than three times the amount contributed.



(E) Whoever violates division (H) of section 3517.13 of the Revised Code shall be fined not more than one hundred dollars.

(F) Whoever violates division (O), (P), or (Q) of section 3517.13 of the Revised Code is guilty of a misdemeanor of the first degree.

(G) A state or county committee of a political party that violates division (B)(1) of section 3517.18 of the Revised Code shall be fined not more than twice the amount of the improper expenditure.

(H) A state or county political party that violates division (G) of section 3517.101 of the Revised Code shall be fined not more than twice the amount of the improper expenditure or use.

(I)(1) Any individual who violates division (B)(1) of section 3517.102 of the Revised Code and knows that the contribution the individual makes violates that division shall be fined an amount equal to three times the amount contributed in excess of the amount permitted by that division.

(2) Any political action committee that violates division (B)(2) of section 3517.102 of the Revised Code shall be fined an amount equal to three times the amount contributed in excess of the amount permitted by that division.

(3) Any campaign committee that violates division (B)(3) or (5) of section 3517.102 of the Revised Code shall be fined an amount equal to three times the amount contributed in excess of the amount permitted by that division.

(4)(a) Any legislative campaign fund that violates division (B)(6) of section 3517.102 of the Revised Code shall be fined an amount equal to three times the amount transferred or contributed in excess of the amount permitted by that division, as applicable.

(b) Any state political party, county political party, or state candidate fund of a state political party or county political party that violates division (B)(6) of section 3517.102 of the Revised Code shall be fined an amount equal to three times the amount transferred

or contributed in excess of the amount permitted by that division, as applicable.

(c) Any political contributing entity that violates division (B)(7) of section 3517.102 of the Revised Code shall be fined an amount equal to three times the amount contributed in excess of the amount permitted by that division.

(5) Any political party that violates division (B)(4) of section 3517.102 of the Revised Code shall be fined an amount equal to three times the amount contributed in excess of the amount permitted by that division.

(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5) of this section, no violation of division (B) of section 3517.102 of the Revised Code occurs, and the secretary of state shall not refer parties to the Ohio elections commission, if the amount transferred or contributed in excess of the amount permitted by that division meets either of the following conditions:

(a) It is completely refunded within five business days after it is accepted.

(b) It is completely refunded on or before the tenth business day after notification to the recipient of the excess transfer or contribution by the board of elections or the secretary of state that a transfer or contribution in excess of the permitted amount has been received.

(J)(1) Any campaign committee that violates division (C)(1), (2), (3), or (6) of section 3517.102 of the Revised Code shall be fined an amount equal to three times the amount accepted in excess of the amount permitted by that division.

(2)(a) Any county political party that violates division (C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code shall be fined an amount equal to three times the amount accepted.

(b) Any county political party that violates division (C)(4)(a)(i) of section 3517.102 of the Revised Code shall be fined an amount from its state candidate fund equal to three times



the amount accepted in excess of the amount permitted by that division.

(c) Any state political party that violates division (C)(4)(b) of section 3517.102 of the Revised Code shall be fined an amount from its state candidate fund equal to three times the amount accepted in excess of the amount permitted by that division.

(3) Any legislative campaign fund that violates division (C)(5) of section 3517.102 of the Revised Code shall be fined an amount equal to three times the amount accepted in excess of the amount permitted by that division.

(4) Any political action committee or political contributing entity that violates division (C)(7) of section 3517.102 of the Revised Code shall be fined an amount equal to three times the amount accepted in excess of the amount permitted by that division.

(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of this section, no violation of division (C) of section 3517.102 of the Revised Code occurs, and the secretary of state shall not refer parties to the Ohio elections commission, if the amount transferred or contributed in excess of the amount permitted to be accepted by that division meets either of the following conditions:

(a) It is completely refunded within five business days after its acceptance.

(b) It is completely refunded on or before the tenth business day after notification to the recipient of the excess transfer or contribution by the board of elections or the secretary of state that a transfer or contribution in excess of the permitted amount has been received.

(K)(1) Any legislative campaign fund that violates division (F)(1) of section 3517.102 of the Revised Code shall be fined twenty-five dollars for each day of violation.

(2) Any legislative campaign fund that violates division (F)(2) of section 3517.102 of the

Revised Code shall give to the treasurer of state for deposit into the state treasury to the credit of the Ohio elections commission fund all excess contributions not disposed of as required by division (E) of section 3517.102 of the Revised Code.

(L) Whoever violates section 3517.105 of the Revised Code shall be fined one thousand dollars.

(M)(1) Whoever solicits a contribution in violation of section 3517.092 or violates division (B) of section 3517.09 of the Revised Code is guilty of a misdemeanor of the first degree.

(2) Whoever knowingly accepts a contribution in violation of division (B) or (C) of section 3517.092 of the Revised Code shall be fined an amount equal to three times the amount accepted in violation of either of those divisions and shall return to the contributor any amount so accepted. Whoever unknowingly accepts a contribution in violation of division (B) or (C) of section 3517.092 of the Revised Code shall return to the contributor any amount so accepted.

(N) Whoever violates division (S) of section 3517.13 of the Revised Code shall be fined an amount equal to three times the amount of funds transferred or three times the value of the assets transferred in violation of that division.

(O) Any campaign committee that accepts a contribution or contributions in violation of section 3517.108 of the Revised Code, uses a contribution in violation of that section, or fails to dispose of excess contributions in violation of that section shall be fined an amount equal to three times the amount accepted, used, or kept in violation of that section.

(P) Any political party, state candidate fund, legislative candidate fund, or campaign committee that violates division (T) of section 3517.13 of the Revised Code shall be fined an amount equal to three times the amount contributed or accepted in violation of that section.

(Q) A treasurer of a committee or another person who violates division (U) of section 3517.13 of the Revised Code shall be fined not more than two hundred fifty dollars.



(R) Whoever violates division (I) or (J) of section 3517.13 of the Revised Code shall be fined not more than one thousand dollars. Whenever a person is found guilty of violating division (I) or (J) of section 3517.13 of the Revised Code, the contract awarded in violation of either of those divisions shall be rescinded if its terms have not yet been performed.

(S) A candidate whose campaign committee violates or a treasurer of a campaign committee who violates section 3517.081 of the Revised Code, and a candidate whose campaign committee violates or a treasurer of a campaign committee or another person who violates division (C) of section 3517.10 of the Revised Code, shall be fined not more than five hundred dollars.

(T) A candidate whose campaign committee violates or a treasurer of a committee who violates division (B) of section 3517.09 of the Revised Code, or a candidate whose campaign committee violates or a treasurer of a campaign committee or another person who violates division (C) of section 3517.09 of the Revised Code shall be fined not more than one thousand dollars.

(U) Whoever violates section 3517.20 of the Revised Code shall be fined not more than five hundred dollars.

(V) Whoever violates section 3517.21 or 3517.22 of the Revised Code shall be imprisoned for not more than six months or fined not more than five thousand dollars, or both.

(W) A campaign committee that is required to file a declaration of no limits under division (D)(2) of section 3517.103 of the Revised Code that, before filing that declaration, accepts a contribution or contributions that exceed the limitations prescribed in section 3517.102 of the Revised Code, shall return that contribution or those contributions to the contributor.

(X) Any campaign committee that fails to file the declaration of filing-day finances required by division (F) of section 3517.109 or the declaration of primary-day finances or declaration of year-end finances required by division (E) of section 3517.1010 of the Revised Code shall be fined twenty-five dollars for each day of violation.

(Y)(1) Any campaign committee that fails to dispose of excess funds or excess aggregate contributions under division (B) of section 3517.109 of the Revised Code in the manner required by division (C) of that section or under division (B) of section 3517.1010 of the Revised Code in the manner required by division (C) of that section shall give to the treasurer of state for deposit into the Ohio elections commission fund created under division (I) of section 3517.152 of the Revised Code all funds not disposed of pursuant to those divisions.

(2) Any treasurer of a transition fund that fails to dispose of assets remaining in the transition fund as required under division (H)(1) or (2) of section 3517.1014 of the Revised Code shall give to the treasurer of state for deposit into the Ohio elections commission fund all assets not disposed of pursuant to that division.

(Z) Any individual, campaign committee, political action committee, political contributing entity, legislative campaign fund, political party, treasurer of a transition fund, or other entity that violates any provision of sections 3517.09 to 3517.12 of the Revised Code for which no penalty is provided for under any other division of this section shall be fined not more than one thousand dollars.

(AA)(1) Whoever knowingly violates division (W)(1) of section 3517.13 of the Revised Code shall be fined an amount equal to three times the amount contributed, expended, or promised in violation of that division or ten thousand dollars, whichever amount is greater.

(2) Whoever knowingly violates division (W)(2) of section 3517.13 of the Revised Code shall be fined an amount equal to three times the amount solicited or accepted in violation of that division or ten thousand dollars, whichever amount is greater.

(BB) Whoever knowingly violates division (C) or (D) of section 3517.1011 of the Revised Code shall be fined not more than ten thousand dollars plus not more than one thousand dollars for each day of violation.



(CC)(1) Subject to division (CC)(2) of this section, whoever violates division (H) of section 3517.1011 of the Revised Code shall be fined an amount up to three times the amount disbursed for the direct costs of airing the communication made in violation of that division.

(2) Whoever has been ordered by the Ohio elections commission or by a court of competent jurisdiction to cease making communications in violation of division (H) of section 3517.1011 of the Revised Code who again violates that division shall be fined an amount equal to three times the amount disbursed for the direct costs of airing the communication made in violation of that division.

(DD)(1) Any corporation or labor organization that violates division (X)(3)(a) of section 3517.13 of the Revised Code shall be fined an amount equal to three times the amount given in excess of the amount permitted by that division.

(2) Any state or county political party that violates division (X)(3)(b) of section 3517.13 of the Revised Code shall be fined an amount equal to three times the amount accepted in excess of the amount permitted by that division.

(EE)(1) Any campaign committee or person who violates division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code shall be fined an amount equal to three times the amount donated in excess of the amount permitted by that division.

(2) Any officeholder or treasurer of a transition fund who violates division (C)(3)(a) or (b) of section 3517.1014 of the Revised Code shall be fined an amount equal to three times the amount accepted in excess of the amount permitted by that division.

3517.993 Fines for acts or omissions occurring on or after 8-24-1995

This section authorizes the establishment of fines that may be imposed only with respect to acts or failures to act that occur on and after August 24, 1995.

(A) Except as otherwise provided in division (D)(2) of section 3517.155 of the Revised Code, the Ohio elections commission may impose administrative fines under division (A)(1)(b) of section 3517.155 of the Revised Code in accordance with the amounts set forth under sections 3517.992, 3599.03, and 3599.031 of the Revised Code.

(B) The commission may suspend all or part of a fine it imposes under this section upon whatever terms and conditions the commission considers just.

(C)(1) The commission shall consider any of the following circumstances in determining whether to impose a maximum fine under this section:

(a) Whether the violator has been found guilty of any other violation of Title XXXV of the Revised Code;

(b) Whether the violation was made knowingly or purposely;

(c) Whether any relevant statements, addenda, or affidavits required to be filed have not been filed;

(d) Whether the violator has any outstanding fines imposed for a violation of Title XXXV of the Revised Code;

(e) Whether the violation occurred during the course of a campaign.

(2) The commission shall consider any of the following circumstances in determining whether to impose a minimal fine or no fine under this section:

(a) Whether the violator previously has not been found guilty of any other violation of Title XXXV of the Revised Code;

(b) Whether the violator has promptly corrected the violator’s violation;

(c) Whether the nature and circumstances of the violation merit a minimum fine;

(d) Whether there are substantial grounds tending to excuse or justify the violation, although failing to establish a defense to the violation;



(e) Whether the violation was not purposely committed.

(3) The circumstances set forth in divisions (C)(1) and (2) of this section shall be considered by, but shall not control the decision of, the commission in imposing a fine.

(D) Fines imposed by the commission under this section shall be paid into the Ohio elections commission fund.

3599.03 Corporation or labor organization funds shall not be used to aid political organization; funds used to promote or oppose ballot issue; exemptions

(A)(1) Except to carry on activities specified in sections 3517.082 and 3517.1011, division (A)(2) of section 3517.1012, division (B) of section 3517.1013, division (C)(1) of section 3517.1014, and section 3599.031 of the Revised Code and except as provided in divisions (D), (E), and (F) of this section, no corporation, no nonprofit corporation, and no labor organization, directly or indirectly, shall pay or use, or offer, advise, consent, or agree to pay or use, the corporation’s money or property, or the labor organization’s money, including dues, initiation fees, or other assessments paid by members, or property, for or in aid of or opposition to a political party, a candidate for election or nomination to public office, a political action committee including a political action committee of the corporation or labor organization, a legislative campaign fund, or any organization that supports or opposes any such candidate, or for any partisan political purpose, shall violate any law requiring the filing of an affidavit or statement respecting such use of those funds, or shall pay or use the corporation’s or labor organization’s money for the expenses of a social fund-raising event for its political action committee if an employee’s or labor organization member’s right to attend such an event is predicated on the employee’s or member’s contribution to the corporation’s or labor organization’s political action committee.

(2) Whoever violates division (A)(1) of this section shall be fined not less than five hundred nor more than five thousand dollars.

(B)(1) No officer, stockholder, attorney, or agent of a corporation or nonprofit corporation, no member, including an officer, attorney, or agent, of a labor organization, and no candidate, political party official, or other individual shall knowingly aid, advise, solicit, or receive money or other property in violation of division (A)(1) of this section.

(2) Whoever violates division (B)(1) of this section shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both.

(C) A corporation, a nonprofit corporation, or a labor organization may use its funds or property for or in aid of or opposition to a proposed or certified ballot issue. Such use of funds or property shall be reported on a form prescribed by the secretary of state. Reports of contributions in connection with statewide ballot issues shall be filed with the secretary of state. Reports of contributions in connection with local issues shall be filed with the board of elections of the most populous county of the district in which the issue is submitted or to be submitted to the electors. Reports made pursuant to this division shall be filed by the times specified in divisions (A)(1) and (2) of section 3517.10 of the Revised Code.

(D)(1) Any gift made pursuant to section 3517.101 of the Revised Code does not constitute a violation of this section or of any other section of the Revised Code.

(2) Any gift made pursuant to division (A)(2) of section 3517.1012 of the Revised Code does not constitute a violation of this section.

(3) Any gift made pursuant to division (B) of section 3517.1013 of the Revised Code does not constitute a violation of this section.

(4) Any donation made pursuant to division (C)(1) of section 3517.1014 of the Revised Code does not constitute a violation of this section.



(E)Any compensation or fees paid by a financial institution to a state political party for services rendered pursuant to division (B) of section 3517.19 of the Revised Code do not constitute a violation of this section or of any other section of the Revised Code.

(F)(1) The use by a nonprofit corporation of its money or property for communicating information for a purpose specified in division (A) of this section is not a violation of that division if the stockholders, members, donors, trustees, or officers of the nonprofit corporation are the predominant recipients of the communication.

(2) The placement of a campaign sign on the property of a corporation, nonprofit corporation, or labor organization is not a use of property in violation of division (A) of this section by that corporation, nonprofit corporation, or labor organization.

(3) The use by a corporation or labor organization of its money or property for communicating information for a purpose specified in division (A) of this section is not a violation of that division if it is not a communication made by mass broadcast such as radio or television or made by advertising in a newspaper of general circulation but is a communication sent exclusively to members, employees, officers, or trustees of that labor organization or shareholders, employees, officers, or directors of that corporation or to members of the immediate families of any such individuals or if the communication intended to be so sent exclusively is unintentionally sent as well to a de minimis number of other individuals.

(G) In addition to the laws listed in division (A) of section 4117.10 of the Revised Code that prevail over conflicting agreements between employee organizations and public employers, this section prevails over any conflicting provisions of agreements between labor organizations and public employers that are entered into on or after March 31, 2005, pursuant to Chapter 4117. of the Revised Code.

(H) As used in this section, “labor organization” has the same meaning as in section 3517.01 of the Revised Code.

3599.031 Deduction of political contribution from employee’s wages; written authorization required

(A) Notwithstanding any provision of the Revised Code to the contrary and subject to division (C) of section 3517.09 of the Revised Code and division (B) of this section, any employer may deduct from the wages and salaries of its employees amounts for an account described in division (B) of this section, a separate segregated fund, a political action committee of the employer, a political action committee of a labor organization of the employer’s employees, a political action committee of an association of which the employer is a member, a political party, a person making disbursements to pay the direct costs of producing or airing electioneering communications, or a ballot issue that the employee by written authorization may designate and shall transmit any amounts so deducted as a separate written authorization described in division (B) of this section shall direct. Any authorization authorizing a deduction from an employee’s wages or salary may be on a form that is used to apply for or authorize membership in or authorize payment of dues or fees to any organization, but the authorization for a deduction shall be stated and signed separately from the application for membership or the authorization for the payment of dues or fees. The employer either may deduct from the amount to be so transmitted a uniform amount determined by the employer to be necessary to defray the actual cost of making such deduction and transmittal, or may utilize its own funds in an amount it determines is necessary to defray the actual administrative cost, including making the deduction and transmittal.

(B) If an employer establishes a separate account in the name of an employee for the purpose of depositing into the account amounts deducted from the wages and salary of the employee pursuant to division (A) of this section or amounts directly given by the employee to the employer for the support of a candidate, a separate segregated fund, a political action committee of the employer, a political action committee of a labor organization of the employer’s employees, a political action committee of an association of which the employer is a member, a political party, a legislative campaign fund, a person making disbursements to pay the



direct costs of producing or airing electioneering communications, or a ballot issue, the employee shall sign a written authorization designating the recipient of a disbursement from that account. The written authorization required under this division is separate and distinct from a written authorization required under division (A) of this section. The authorization required under this division shall clearly identify and designate the candidate, separate segregated fund, political action committee of the employer, political action committee of a labor organization of the employer’s employees, political action committee of an association of which the employer is a member, political party, legislative campaign fund, person making disbursements to pay the direct costs of producing or airing electioneering communications, or ballot issue that is to receive any disbursement from the account established pursuant to this division. No person shall designate the recipient of a disbursement from the account except the employee from whose account the disbursement is made. No employer shall make a disbursement from the account of an employee established under this division unless the employer has received the written authorization required under this division.

(C) An employer shall furnish the recipient of any amount transmitted pursuant to this section with the employer’s full name and the full name of the labor organization of which the employee whose amount is being transmitted is a member, if any. An employer shall keep and maintain the authorization forms of all its employees from whose wages and salaries any amounts were deducted pursuant to division (A) of this section and the authorizations of disbursements from accounts established under division (B) of this section for a period of at least six years after the year in which the deductions and disbursements were made.

(D) An employee who has made an authorization pursuant to division (A) or (B) of this section may revoke that authorization at any time. A revocation of the authorization does not affect any deduction already made from an employee’s wages and salary or any amounts already transmitted or disbursed under this section.

(E) For purposes of this section and for the purpose of the information required to be filed under division (B)(4)(b)(iii) of section 3517.10 of the Revised Code:

(1) If an employer is a corporation, each subsidiary of a parent corporation shall be considered an entity separate and distinct from any other subsidiary and separate and distinct from the parent corporation.

(2) Each national, regional, state, and local affiliate of a labor organization shall be considered a distinct entity.

(F) Whoever violates division (B) of this section shall be fined not less than fifty nor more than five hundred dollars for each disbursement made in violation of that division.

(G) In addition to the laws listed in division (A) of section 4117.10 of the Revised Code that prevail over conflicting agreements between employee organizations and public employers, this section prevails over any conflicting provisions of agreements between labor organizations and public employers that are entered into on or after the effective date of this amendment pursuant to Chapter 4117. of the Revised Code.

(H) As used in this section:

(1) “ Electioneering communication,” “legislative campaign fund,” “labor organization,” “political action committee,” and “separate segregated fund” have the same meanings as in section 3517.01 of the Revised Code.

(2) “Public employer” means an employer that is the state or a state agency, authority, commission, or board, a political subdivision of the state, a school district or state institution of higher learning, a public or special district, or any other public employer.

(3) “Employee” includes only an employee who is a resident of or is employed in this state.

3599.04 Contributions for illegal purposes

No person shall, directly or indirectly, in connection with any election, pay, lend, or contribute or offer or promise to pay, lend, or contribute any money or other valuable consideration in the election or defeat of any candidate or the adoption or defeat of any question or issue for any purposes other than those



enumerated in sections 3517.08 and 3517.12 of the Revised Code.

Whoever violates this section is guilty of corrupt practices and shall be fined not less than twenty-five nor more than five hundred dollars.

3599.36 Perjury in matters relating to elections; election falsification

No person, either orally or in writing, on oath lawfully administered or in a statement made under penalty of election falsification, shall knowingly state a falsehood as to a material matter relating to an election in a proceeding before a court, tribunal, or election official, or in a matter in relation to which an oath or statement under penalty of election falsification is authorized by law, including a statement required for verifying or filing any declaration of candidacy, declaration of intent to be a write-in candidate, nominating petition, or other petition presented to or filed with the secretary of state, a board of elections, or any other public office for the purpose of becoming a candidate for any elective office, including the office of a political party, for the purpose of submitting a question or issue to the electors at an election, or for the purpose of forming a political party.

Whoever violates this section is guilty of election falsification, a felony of the fifth degree. Every paper, card, or other document relating to any election matter that calls for a statement to be made under penalty of election falsification shall be accompanied by the following statement in bold face capital letters: “Whoever commits election falsification is guilty of a felony of the fifth degree.”

3599.39 Second conviction under election laws.

Any person convicted of a violation of any provision of Title XXXV [35] of the Revised Code, who is again convicted of a violation of any such provision, whether such conviction is for the same offense or not, is on such second conviction guilty of a felony of the fourth degree, and in addition, shall be disfranchised.

3599.40 General penalty

Except as otherwise provided in section 3599.39 of the Revised Code, whoever violates any provision of Title XXXV of the Revised Code, unless otherwise provided in such title, is guilty of a misdemeanor of the first degree.

3599.45 Contributions from medicaid provider

(A) No candidate for the office of attorney general or county prosecutor or such a candidate’s campaign committee shall knowingly accept any contribution from a provider of services or goods under contract with the department of job and family services pursuant to the medicaid program of Title XIX of the “Social Security Act,” 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or from any person having an ownership interest in the provider.

As used in this section “candidate,” “campaign committee,” and “contribution” have the same meaning as in section 3517.01 of the Revised Code.

(B) Whoever violates this section is guilty of a misdemeanor of the first degree.

5747.29 Credits for political contributions

A nonrefundable credit is allowed against the tax imposed by section 5747.02 of the Revised Code for contributions of money made to the campaign committee of candidates for any of the following public offices: governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, member of the state board of education, chief justice of the supreme court, justice of the supreme court, or member of the general assembly. The amount of the credit for a taxable year equals the lesser of the combined total contributions made during the taxable year by each taxpayer filing a return required to be filed under section 5747.08 of the Revised Code or the amount of fifty dollars, in the case of an individual return, or one hundred dollars, in the case of a joint return.

As used in this section:

(A) “Candidate” has the same meaning as in division (B)(3) of section 3517.01 of the Revised Code, but is



limited to candidates for the public offices specified in this section.

(B) “Contribution” has the same meaning as in division (B)(5) of section 3517.01 of the Revised Code, but is limited to contributions of money only.

The taxpayer shall claim the credit in the order required under section 5747.98 of the Revised Code. The credit for a taxable year shall not exceed the tax otherwise due for that year after allowing for any other credits that precede the credit under this section in that order.

Campaign Finance Administrative Rules


Ohio Secretary of State’s Office C-3


111-1-01 Scope.

The rules set forth in Chapters 111-1 to 111-6 of the Administrative Code are issued by the Ohio secretary of state to implement Ohio’s campaign finance laws.

The rules set forth in Chapters 111-1 to 111-6 of the Administrative Code shall apply to the nomination or election of candidates or support for or opposition to ballot issues in state and local elections. Nothing in these rules shall be construed as limiting or regulating federal elections, and those committees, parties, candidates, or funds when they participate in such federal elections.

R.C. 119.032 review dates: 05/30/2006 and 01/01/2011Promulgated Under: 119.03Statutory Authority: 3517.23Rule Amplifies: 3517.10, 3517.102, 3517.105Prior Effective Dates: 8/23/95(Emer); 11/21/95; 7/13/98 (Emer); 9/24/98; 1/1/02

111-1-02 Definitions.

(A) In-kind contribution includes the provision of goods or services without charge or at a charge which is less than the usual and normal charge for such goods or such services. If goods or services are provided at less than the usual and normal charge, the amount of the in-kind contribution is the difference between the usual and normal charge for the goods or services at the time of the contribution and the amount charged the committee, party or fund.

(B) “Usual and normal charge for goods” means the price of those goods in the market from which they ordinarily would have been purchased at the time of the contribution; and “usual and normal charge for services”, other than those provided by an unpaid volunteer, means the hourly or piecework charge for the services at a commercially reasonable rate prevailing at the time the services were rendered.

(C) “Membership association” means a membership organization, trade association, cooperative, corporation without capital stock, political contributing entity, or a local, national or international labor organization that has all or a majority of the following characteristics:

(1) Is composed of members, some or all of whom are vested with the power and authority to operate or administer the association, pursuant to the association’s articles, bylaws, constitution, or other formal organizational documents;

(2) Expressly states the qualifications and requirements for membership in its articles, bylaws, constitution, or other formal organizational documents;

(3) Makes its articles, bylaws, constitution, or other formal organizational documents available to its members upon requests;

(4) Expressly solicits persons to become members;

(5) Expressly acknowledges the acceptance of membership, such as by sending a membership card or including the member’s name on a membership newsletter list.

(D)(1) “Member” means all persons who are currently satisfying the requirements for membership in a membership association, affirmatively accept the membership association’s invitation to become a member, and who do any of the following:

(a) Have some significant financial attachment to the membership association, such as a significant investment or ownership stake;

(b) Pay membership dues, at least annually, of a specific amount predetermined by the association;

(c) Have a significant organizational attachment to the membership association which includes affirmation of membership on at least an annual basis and direct participatory rights in the governance of the association. For example, such rights could include the right to vote directly or indirectly for at least one individual on the membership association’s highest governing board, the right to vote on policy questions where the highest governing body of the association is obligated to abide by the results, the right to approve the association’s annual budget,


C-4 Ohio Secretary of State’s Office

or the right to participate directly in similar aspects of the association’s governance.

(2) Notwithstanding the above requirements for establishing membership, members of a local labor union are considered to be members of any national or international labor union of which the local labor union is a part and of any federation with which the local, national, or international labor union is affiliated.

(3) In the case of a membership association that has a national federation structure or has several levels, including for example, national, state, regional, and/or local affiliates, a person who qualifies as a member of any entity within the federation or of any affiliate by meeting the above requirements for establishing membership shall also qualify as a member of all affiliates.

(4) Notwithstanding the above requirements for establishing membership, the Ohio elections commission may determine, on a case-by-case basis, that persons who do not precisely meet those requirements but have a relatively enduring and independently significant organizational or financial attachment to the membership may be considered members. For example, student members who pay a lower amount of dues while in school, long term dues-paying members who qualify for lifetime membership status with little or no dues obligation, and retired members may be considered members of the organization.

(E) “Stockholder” or “shareholder” means a person who has a vested beneficial interest in stock, has the power to direct how that stock shall be voted, if it is voting stock, and has the right to receive dividends.

(F) “Occupation” means the principal job title or position of an individual and whether or not self-employed.

(G) “Employer” means the organization or person by whom an individual is employed, and not the name of his or her supervisor.

(H)(1) “Affiliation” means with respect to all political action committees and political contributing entities:

(a) Political action committees, established, financed, maintained or controlled by the same corporation, organization, labor organization, continuing association or other person, including any parent, subsidiary, branch, division, or department, of that corporation, organization, labor organization, continuing association or other person.

(b) Political contributing entities established, financed, maintained or controlled by, or that are the same, corporation, organization, labor organization or other person, including any parent, subsidiary, branch, division, or department, of that corporation, organization, labor organization or other person.

(c) Political action committees and political contributing entities established, financed, maintained or controlled by, or that are the same, corporation, organization, labor organization, continuing association or other person, including any parent, subsidiary, branch, division, or department, of that corporation, organization, labor organization, or other person.

(2) “Affiliation” means for purposes of sharing a single contribution limit under section 3517.102 of the Revised Code with respect to political action committees and political contributing entities:

(a) Political action committees sharing a single contribution limit under section 3517.102 of the Revised Code include all political action committees, established, financed, maintained, or controlled by:

(i) A single corporation and its subsidiaries;

(ii) A single national or international labor union and its local labor unions or other subordinate organizations;

(iii) An organization of national or international labor unions and all its state and local central bodies;

(iv) A membership association, other than a political action committee, including



trade or professional associations, and related state and local entities of that organization or group;

(v) The same person or group of persons;

(vi) A continuing association;

(vii) The same political contributing entity.

(b) Political contributing entities sharing a single contribution limit under section 3517.102 of the Revised Code include all political contributing entities established, financed maintained, or controlled by:

(i) A single corporation and its subsidiaries;

(ii) A single national or international labor union and its local labor unions or other subordinate organizations;

(iii) An organization of national or international labor unions and all its state and local central bodies;

(iv) A membership association, other than a political action committee, including trade or professional associations, and related state and local entities of that organization or group; or

(v) The same person or group of persons

(3) The Ohio elections commission and the secretary of state for purposes of referral to the Ohio elections commission may examine the relationship between organizations, entities, committees, or funds that sponsor committees, between the committees themselves, or between one sponsoring entity or organization and a committee established by another entity or organization to determine whether committees or entities are affiliated.

(4) In determining whether committees or entities not described in paragraph (H)(2) of this rule are affiliated, the Ohio elections commission and the secretary of state will consider the following circumstantial factors in the context of the overall relationship between committees or sponsoring organizations or entities:

(a) Whether a sponsoring organization owns controlling interest in the voting stock or securities of the sponsoring organization of another committee;

(b) Whether a sponsoring organization, committee, or entity has the authority or ability to direct or participate in the governance of another sponsoring organization, committee, or entity through provisions of constitutions, by-laws, contracts, or other rules, or through formal or informal practices, or procedures;

(c) Whether a sponsoring organization, committee or entity has the authority or ability to hire, appoint, demote, or otherwise control the officers, or other decision making employees or members of another sponsoring organization, committee, or entity;

(d) Whether a sponsoring organization, committee, or entity has a common membership with another sponsoring organization, committee, or entity;

(e) Whether a sponsoring organization, committee, or entity has common officers or employees with another sponsoring organization, committee, or entity;

(f) Whether a sponsoring organization, committee, or entity provides funds in a significant amount or on an ongoing basis to another sponsoring organization, committee, or entity, such as through direct or indirect payments for administrative, fund-raising, or other costs, but not including the transfer to a committee of its allocated share of proceeds jointly raised;

(g) Whether a sponsoring organization, committee, or entity causes or arranges for funds in a significant amount or on an ongoing basis to be provided to another sponsoring organization, committee, or entity, but not including the transfer to a committee of its allocated share of proceeds jointly raised; or



(h) Whether the sponsoring organization, committee, or entity have similar patterns of contributions or contributors which indicate a formal or ongoing relationship between the sponsoring organization, committee, or entity. The Ohio elections commission and the secretary of state for purposes of referral to the Ohio elections commission will examine these factors in the context of the overall relationship between committees, sponsoring organizations, or entities to determine whether the presence of any factor or factors is evidence of one committee, sponsoring organization, or entity having been established, financed, maintained, or controlled by another committee or sponsoring organization.

(I) “Solicitation” for purposes of sections 3517.082, 3517.09, 3517.092 and 3599.031 of the Revised Code shall mean an oral or written request for a contribution. Examples of a solicitation include directly or indirectly asking a person for a monetary or an in-kind contribution.

(J) “Political contributing entity” means any entity, including a corporation or labor organization, that may lawfully make contributions and expenditures and that is not an individual or a political action committee, continuing association, campaign committee, political party, legislative campaign fund, designated state campaign committee, or state candidate fund. In addition, “political contributing entity” does not include professional associations under section 1702.01 of the Revised Code, limited liability companies under section 1705.01 of the Revised Code or partnerships as defined in Chapters 1775. to 1783. of the Revised Code.

(K)(1) In determining whether a purpose is a “primary or major purpose” as used in the definition of “political action committee” under section 3517.01 of the Revised Code, the following shall be considered:

(a) 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;

(b) 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;

(c) 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;

(d) Whether the total dollar value of the combination of two or more persons’ activity described in paragraphs (K)(1)(a), (K)(1)(b) and (K)(1)(c) of this rule during a calendar year exceeds one hundred dollars.

(2) As used in this paragraph, “combination of two or more persons” does not include two or more persons making individual contributions to any campaign committee, political party, legislative campaign fund, political action committee, political contributing entity, or ballot issue.

(L) As provided in division (B)(8)(b) of section 3517.01 of the Revised Code, a political club that is formed primarily for social purposes and that meets the following criteria, is not a “political action committee” as defined by division (B)(8) of section 3517.01 of the Revised Code:

(1) Consists of one hundred members or less; and

(2) Has officers; and

(3) Periodic meetings; and

(4) Has less than two thousand five hundred dollars in its treasury at all times; and

(5) Makes aggregate total contribution(s) of one thousand dollars or less per calendar year.



Effective: 07/27/2006R.C. 119.032 review dates: 05/02/2006 and 07/01/2011Promulgated Under: 119.03Statutory Authority: 3517.23Rule Amplifies: 3517.01, 3517.08, 3517.082, 3517.10, 3517.102, 3599.03Prior Effective Dates: 8/23/1995 (Emer), 11/21/95, 7/13/98 (Emer), 9/24/98, 1/1/02, 1/1/06

111-1-03 Loan.

(A) The term “loan” includes a guarantee, endorsement, and any other form of security.

(B) A loan is a contribution at the time it is made and is a contribution to the extent that it remains unpaid. The aggregate amount loaned to a candidate or committee by a contributor, when added to other contributions from that individual to that candidate or committee, shall not exceed the contribution limit set forth in section 3517.102 of the Revised Code. A loan, to the extent that it is repaid, is no longer a contribution.

(C) If an individual, political action committee, political contributing entity, political party, campaign committee, or legislative campaign fund makes a loan to any candidate or committee, such loan shall be subject to the limitations set forth in section 3517.102 of the Revised Code. Repayment of the principal amount of such loan to any committee, fund, or party shall not be a contribution by the debtor to the lender, committee, fund, or party. The payment of interest to such committee, fund or party by the debtor shall be a contribution only to the extent that the interest paid exceeds a commercially reasonable rate prevailing at the time the loan is made.

(D) Except as otherwise provided in divisions (I)(6) and (J)(5) of section 3517.992 of the Revised Code, A loan that exceeds the contribution limits of section 3517.102 of the Revised Code shall be unlawful whether or not it is repaid.

(E) Except as provided in this rule, a loan is a contribution by each endorser or guarantor. Each endorser or guarantor shall be deemed to have contributed that portion of the total amount of the loan for which he or she agreed to be liable in a

written agreement. Any reduction in the unpaid balance of the loan shall reduce proportionately the amount endorsed or guaranteed by each endorser or guarantor in such written agreement. In the event that such agreement does not stipulate the portion of the loan for which each endorser or guarantor is liable, the loan shall be considered a loan by each endorser or guarantor in the same proportion to the unpaid balance that each endorser or guarantor bears to the total number of endorsers or guarantors. If a third party other than the endorser or guarantor repays all or part of any loan the amount of any or all payments made by that third party constitutes a contribution by that third party.

(F) A candidate may obtain a loan on which his or her spouse’s signature is required when joint assets are used as collateral or security for the loan. The spouse shall not be considered a contributor to the candidate’s campaign if the value of the candidate’s share of the property used as collateral equals or exceeds the amount of the loan which is used for the candidate’s campaign.

(G) A loan obtained by or for the benefit of a statewide, senate or house candidate shall be considered personal funds and subject to the provisions of section 3517.103 of the Revised Code to the extent that such loan is obtained by a statewide, senate or house candidate or for the benefit of such candidate by the candidate’s spouse, parents, children, sons-in-law, daughters-in-law, brothers, sisters, grandparents, mothers-in-law, fathers-in-law, brothers-in-law, sisters-in-law, or grandparents by marriage.

(H) A loan of money by a state bank, a federally chartered depository institution (including a national bank), or a state chartered depository institution whose deposits and accounts are insured is not a contribution by the lending institution if such loan is made in accordance with applicable banking laws and regulations and is made in the ordinary course of business. A loan will be deemed to be made in the ordinary course of business if it:

(1) Bears the usual and customary interest rate of the lending institution for the category of loan involved;



(2) Is made on a basis which assures repayment;

(3) Is evidenced by a written instrument; and

(4) Is subject to a due date or amortization schedule.

(I) Such loans shall be reported by the committee, party, or fund in accordance with division (B)(4)(e) of section 3517.10 of the Revised Code. For purposes of Chapter 3517. of the Revised Code, an overdraft made on a checking or savings account shall be considered a contribution by the bank or institution unless:

(1) The overdraft is made on an account which is subject to automatic overdraft protection;

(2) The overdraft is subject to immediate repayment; or

(3) There is a definite repayment schedule.

R.C. 119.032 review dates: 05/30/2006 and 01/01/2011Promulgated Under: 119.03Statutory Authority: 3517.23Rule Amplifies: 3517.10, 3517.102Prior Effective Dates: 8/23/95 (Emer); 11/21/95; 7/13/98(Emer); 9/24/98; 1/1/02

111-1-04 Name of committee.

The name of each candidate’s campaign committee shall include on the designation of treasurer form at least the last name of the candidate who authorized such committee. No committee, other than the candidate’s campaign committee, shall include the name of any candidate in its name. For purposes of this definition, “name” includes any name under which a committee conducts activities, such as solicitations or other communications.

The name of a political action committee formed pursuant to Ohio law shall include the name of its sponsoring organization, if any. Such committee may use a clearly recognized abbreviation or acronym by which the sponsoring organization is commonly known. However, both the full names and such abbreviation or acronym shall be included on the committee’s designation of treasurer form.

The committee may not make contributions solely in its acronym or abbreviated name. A committee established by a corporation or labor organization which has a number of subsidiaries need not include the name of each subsidiary in its name. Similarly, a committee established by a subsidiary need not include in its name the name of its parent or another subsidiary of its parent. For purposes of this rule, “sponsoring organization” means a corporation, nonprofit corporation, or labor organization that establishes or administers a political action committee or a separate segregated fund pursuant to section 3517.082 of the Revised Code.

R.C. 119.032 review dates: 05/30/2006 and 01/01/2011Promulgated Under: 119.03Statutory Authority: 3517.23Rule Amplifies: 3517.10Prior Effective Dates: 8/23/95 (Emer); 11/21/95; 1/1/02

111-1-05 Best efforts.

When the treasurer of a candidate’s campaign committee, political action committee, political contributing entity or separate segregated fund shows that best efforts have been used to obtain, maintain, and submit the information required by Chapter 3517. of the Revised Code, any report of such committee or fund shall be considered in compliance with such chapter. The treasurer shall make a notation on the form prescribed by the secretary of state, in lieu of the missing or incomplete information, that best efforts have been made to obtain that information.

With regard to reporting the identification of each person whose contribution(s) to the committee or fund and its affiliated committees or funds exceeds one hundred dollars, the treasurer and the committee or fund will be deemed to have exercised best efforts to obtain, maintain and report the required information if:

(A) All written solicitations for contributions in excess of one hundred dollars include a clear request for the contributor’s full name, street address, name of employer, or occupation if self-employed.



(B) For each contribution received in excess of one hundred dollars which lacks required contributor information such as the contributor’s full name, street address, name of employer, or occupation if self-employed, the treasurer makes at least one effort after the receipt of the contributions to obtain the 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.

(C) The treasurer reports all contributor information not provided by the contributor, but in the campaign committee’s possession; and

(D) If any of the contributor information is received after the contribution has been disclosed on a regularly scheduled report, the campaign committee files, before its next regularly scheduled reporting date, an amendment to the report disclosing the contributions including the contributor’s identification together with the dates and amounts of the contributions.

(E) In accordance with division (L) of section 3517.10 of the Revised Code, this rule does not apply to contributions received by a political contributing entity from the dues, membership fees, or other assessments of its members or from its officeholders, shareholders, or employees to the extent that dues, membership fees, or other assessments may be aggregated for reporting purposes.

R.C. 119.032 review dates: 05/30/2006 and 01/01/2011Promulgated Under: 119.03Statutory Authority: 3517.23Rule Amplifies: 3517.20, 3599.031Prior Effective Dates: 8/23/95 (Emer); 11/21/95; 7/13/98 (Emer); 9/24/98; 1/1/02

111-1-06 Computation of time.

In computing any period of time prescribed or allowed by these rules or Chapter 3517. of the Revised Code, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday.

R.C. 119.032 review dates: 12/26/2006 and 12/01/2011Promulgated Under: 119.03Statutory Authority: RC 3517.15Rule Amplifies: RC 3517.10, 3517.108, 3517.109Prior Effective Dates: 8/23/95 (Emer.), 11/21/95

111-1-08 Limitations pertaining to federal committees.

Any federal political committee that makes a contribution or contributions to a statewide or general assembly candidate, political action committee, political contributing entity, legislative campaign fund, or political party shall be subject to the limits on contributions that may be made by political action committees as set forth in section 3517.102 of the Revised Code.

Effective: 07/27/2006R.C. 119.032 review dates: 05/02/2006 and 07/01/2011Promulgated Under: 119.03Statutory Authority: 3517.23Rule Amplifies: 3517.102Prior Effective Dates: 8/23/95 (Emer), 11/21/95, 1/1/02

111-1-09 Local candidate waiver of reporting requirements.

The campaign committee of a candidate that files a “Local Candidate Waiver” in addition to a designation of treasurer is not required to file any campaign finance reports pursuant to section 3517.10 of the Revised Code including any pre-election, post election or annual report.

For purposes of determining if a “Local Candidate Waiver” is appropriate, election period is defined as the period of time beginning when the candidate files his or her candidacy petition through election day. The “Local Candidate Waiver” must be filed not later than ten days after the candidate’s petition has been filed.

Candidates for an elected municipal office that pays an annual salary of five thousand dollars or less, candidates for member of a board of education (including educational service centers) except



for state board of education, and candidates for township trustee and clerk may qualify to file a “Local Candidate Waiver” if all of the following apply: The campaign committee will not accept during an election period more than two thousand dollars of aggregate contributions; will not accept more than one hundred dollars from any one individual contributor; and will not make aggregate expenditures during an election period greater than two thousand dollars. For purposes of this paragraph, “individual” does not include the candidate whose campaign committee has filed a “Local Candidate Waiver.”

If the campaign committee of a candidate that has filed a “Local Candidate Waiver” subsequently accepts any contributions in excess of the amounts set out above or spends more than two thousand dollars, the waiver is void and the candidate must report all contributions and expenditures received or made from the time the candidacy petition was filed to the date when the excess amount was received or spent.

The waiver covers activity accruing through the postgeneral reporting period of the year in which the waiver is filed. After that time, the campaign committee must either terminate or begin filing the statements required under section 3517.10 of the Revised Code.

R.C. 119.032 review dates: 05/30/2006 and 01/01/2011Promulgated Under: 119.03Statutory Authority: 3517.23Rule Amplifies: 3517.10Prior Effective Dates: 7/13/98 (Emer); 9/24/98; 1/1/02

111-3-02 Independent expenditures.

Independent expenditure means an expenditure by a person for a communication advocating the election or defeat of a clearly identified candidate or ballot issue which is not made with the cooperation or with the prior consent of or in consultation with, or at the request or suggestion of, a candidate or any agent or authorized committee of such candidate.

For purposes of this definition “person” means an individual, partnership, committee, association, or any organization or group of persons, including a separate segregated fund, political contributing entity or political action committee established by

a labor organization, corporation or national bank, but does not mean a labor organization, corporation, or national bank unless the labor organization, corporation, or national bank is a political contributing entity.

Notwithstanding any part of this section, 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.

A “communication advocating election or defeat” means a communication that includes, but is not limited to, expressions such as “vote for,” “elect,” “support,” “cast your ballot for,” or “vote against,” “defeat,” or “reject”.

“Clearly identified candidate” means that the name of the candidate appears, a photograph or drawing of the candidate appears, or the identity of the candidate is otherwise apparent.

“Made with cooperation or with the prior consent of, or with the consent of, or in consultation with, or at the request or suggestion of a candidate or any agent or authorized committee of the candidate” means any arrangement, coordination, or direction by the candidate or his or her agent prior to the publication, distribution, display or broadcast of the communication. An expenditure will be presumed to be so made when it is:

(A) Based on information about the candidate’s plans, 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 having an expenditure made; or

(B) Made by or through any person who is or has been authorized to raise or expend funds, who is or has been an officer of the candidate’s committee or who is or has been, receiving any form of compensation or reimbursement from the candidate, the candidate’s committee, or agent;

(C) Made by a political party in support of a candidate, unless the expenditure is made by a political party to conduct voter registration or voter education efforts.



“Made with cooperation or with prior consent of, or in consultation with or at the request or suggestion of” does not include providing to the expending person upon request Ohio elections commission or secretary of state guidelines on independent expenditures.

“Agent” means any person who has actual oral or written authority, either express or implied, to make or to authorize the making of expenditures on behalf of a candidate, or means any person who has been placed in a position within the campaign organization where it would reasonably appear that in the ordinary course of campaign-related activities he or she may authorize expenditures.

An expenditure not qualifying under this section as an independent expenditure shall be an in-kind contribution to the candidate.

The financing of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic or other form of campaign materials prepared by the candidate, the candidate’s campaign committee, or authorized agents thereof shall be considered a contribution for the purpose of contribution limits and reporting responsibilities by the person making the expenditure but shall not be considered an expenditure by the candidate or the candidate’s authorized committee unless made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a candidate or any authorized agent or committee thereof. The value of an individual’s time in the door-to-door distribution or handing out of written campaign materials by that individual is not a contribution or expenditure for purposes of this rule.

No expenditure by an authorized committee of a candidate on behalf of that candidate shall qualify as an independent expenditure.

R.C. 119.032 review dates: 12/26/2006Promulgated Under: 119.03Statutory Authority: RC 3517.23Rule Amplifies: RC 3517.10, 3517.105, 3599.03Prior Effective Dates: 9/6/74, 11/21/95, 7/13/98 (Emer.), 9/24/98, 1/1/02, 1/1/06

111-3-03 Reporting independent expenditures.

(A) Every person or entity who makes an independent expenditure shall file a signed statement with the secretary of state or the board of elections, as appropriate, on a form prescribed by the secretary of state, which shall include:

(1) The reporting person’s or entity’s name and street address;

(2) The name and street address of the person or entity to whom the expenditure was made;

(3) The amount, date, and purpose of each expenditure;

(4) A statement that indicates whether such expenditure was in support of or in opposition to a candidate, together with the candidate’s name and office sought or in support of or opposition to any ballot issue together with the ballot issue number, whether it was a state or local issue, and if a local issue, the county or district it covered;

(5) A signed certification under penalty of election falsification that such expenditure was not made in cooperation, consultation or concert with, or at the request or suggestion of any candidate, ballot issue committee or any authorized committee or agent thereof.

(B) Statements required to be filed under section 3517.105 of the Revised Code shall be filed:

(1) At the same time and place as the person or entity files a statement required by section 3517.10 of the Revised Code and as part of that statement; or

(2) If no statement is required by section 3517.10 of the Revised Code, the individual, partnership, or other entity shall file with the secretary of state in the case of a statewide candidate or 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.



R.C. 119.032 review dates: 12/26/2006Promulgated Under: 119.03Statutory Authority: RC 3517.23Rule Amplifies: RC 3517.10, 3517.105Prior Effective Dates: 9/6/74, 8/23/95 (Emer.), 11/21/95, 7/13/98 (Emer.), 9/24/98, 1/1/02

111-3-04 Limitation on use of personal funds.

No candidate who has failed to file a personal funds notice as required in section 3517.103 of the Revised Code shall knowingly make expenditures from his or her personal funds or the funds of his or her 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, in connection with his or her campaign for nomination for election to office which exceeds one hundred thousand dollars during a primary election period in the aggregate or one hundred fifty thousand dollars during the general election period in the aggregate, in the case of statewide candidates, and twenty five thousand dollars during a primary election period in the aggregate or twenty-five thousand dollars during the general election period in the aggregate, in the case of senate and house candidates.

Expenditures made using a credit card for which the candidate is jointly or solely liable will count against the limits of this section to the extent that the full amount due, including any finance charge, is not paid by the committee within sixty days after the closing date of the billing statement on which the charges first appear. For purposes of this section the closing date shall be the date indicated on the billing statement which serves as the cutoff date for determining which charges are included on that billing statement.

R.C. 119.032 review dates: 12/26/2006Promulgated Under: 119.03Statutory Authority: RC 3517.23Rule Amplifies: RC 3517.103Prior Effective Dates: 8/23/95 (Emer.), 11/21/95, 1/1/02

111-4-01 Establishment of separate segregated fund.

A corporation or labor organization may establish, administer and solicit contributions to a separate segregated fund (SSF) or political action committee (PAC) of the corporation or labor organization for Ohio state and local elections or for both federal elections and Ohio state or local elections. The former shall be known as an Ohio corporate or labor organization political action committee (Ohio corporate/labor PAC) and the latter as a combined federal, state and local political action committee (FSL PAC).

R.C. 119.032 review dates: 05/30/2006 and 01/01/2011Promulgated Under: 119.03Statutory Authority: 3517.23Rule Amplifies: 3517.082Prior Effective Dates: 7/16/88, 8/23/95 (Emer), 11/21/95, 1/1/02

111-4-02 Which laws govern Ohio corporate/labor PACs and FSL PACs.

(A) All Ohio laws and regulations with respect to political action committees apply to Ohio corporate/labor PACs.

(B) An FSL PAC is established and governed by federal laws and regulations, except that an FSL PAC shall file such reports and statements required by sections 3517.082, 3517.10, 3517.105 and 3517.107 of the Revised Code and this rule to the extent that an FSL PAC is participating in Ohio elections, and not otherwise governed by federal law, it shall be governed by Ohio law.

R.C. 119.032 review dates: 05/31/2006 and 01/01/2011Promulgated Under: 119.03Statutory Authority: 3517.23Rule Amplifies: 3517.082Prior Effective Dates: 3/7/88, 8/23/95(Emer), 11/21/95, 1/1/02



111-4-03 FSL corporate/labor PAC must file statement of organization; Ohio corporate/labor PAC must disclose sponsoring corporation.

(A) An FSL PAC must file with the Ohio secretary of state a copy of its most recent federal statement of organization prior to making expenditures in connection with Ohio state or local elections. Thereafter, a copy of any amended statement of organization must be filed at the same time it is filed with the federal election commission. No other form of registration is required.

(B) An Ohio corporate/labor PAC must provide the name of its sponsoring corporation or labor organization on its “Designation of Treasurer” form and on all finance reports filed pursuant to sections 3517.10 and 3517.105 of the Revised Code.

(C) (1) An Ohio corporate/labor PAC formed by a corporation must state on its “Designation of Treasurer” form the names of any other PACs, including FSL PACs, of its sponsoring corporation, wholly owned subsidiaries of its sponsoring corporation, and the parent organization of its sponsoring corporation, which receive contributions or make expenditures in connection with Ohio state or local elections.

(2) An Ohio corporate/labor PAC formed by a labor organization must state on its “Designation of Treasurer” form the names of any other PACs, including FSL PACs, of its sponsoring labor organization and the international, national, or state organization of its sponsoring labor organization which receive contributions or make expenditures in connection with Ohio state or local elections.

R.C. 119.032 review dates: 12/22/2006 and 12/23/2011Promulgated Under: 119.03Statutory Authority: RC 3517.15Rule Amplifies: RC 3517.082Prior Effective Dates: 3/7/88, 8/23/95(Emer.), 11/21/95

111-4-04 Reports to be filed by FSL PACs.

An FSL PAC that makes a contribution, expenditure or independent expenditure in connection with Ohio state or local elections shall file with the secretary of state a copy of the relevant portions of each report that it files with the federal election commission which reflect any disbursement made for the purpose of influencing Ohio state and local elections regardless of amount. The relevant portions of each such report shall include the summary page that contains the total amount of expenditures, contributions or independent expenditures made in connection with Ohio state and local elections, the detailed summary page, and those pages of itemized contributions, expenditures and independent expenditures made in connection with Ohio state or local elections. The copy of the relevant portions of any such report shall be filed with the secretary of state not later than the date the full report is required to be filed with the federal election commission.

If during a federal reporting period, an FSL PAC made disbursements related to both federal and state or local elections in Ohio, it may file with the secretary of state a single copy of the portions of its report required to be filed under Ohio and federal law. If an FSL PAC had no disbursements during a federal reporting period related to state or local elections in Ohio, then it is not required to file a copy of its report with the secretary of state.

An FSL PAC that makes a contribution or contributions to a state or local PAC with which it is affiliated shall file a statement of Ohio contributors with the secretary of state on or before the last business day of January of the year following the year in which the contribution was made by the FSL PAC. Such statement need only contain the name and address of each contributor to the FSL PAC who is or was, at the time of making the contribution, a resident of Ohio and, for each name listed, the aggregate total amount contributed by each contributor during the reporting period.

HISTORY: Eff 3-7-88; 8-23-95 (Emer.); 11-21-95; 7-13-98 (Emer.); 9-24-98; 1-1-02Rule promulgated under: RC 119.03Rule authorized by: RC 3517.23Rule amplifies: RC 3517.107R.C. 119.032 Review Dates: JUL 01 2006



111-4-06 Reporting of establishment, administrative and solicitation costs by Ohio corporate/labor PACs and FSL corporate PACs.

(A) A corporation or labor organization may directly pay the establishment, administrative and solicitation expenses of its Ohio PAC or it may transfer funds to an administrative account of the PAC, or both. Funds in the administrative account may not be commingled with funds in the PAC. An Ohio corporate/labor PAC may also pay its expenses directly from the PAC. However, in such event, the PAC may not be reimbursed by the corporation or labor organization.

(B) The establishment, administrative and solicitation expenses required to be reported by a corporation or labor organization to its Ohio PAC and FSL PAC, pursuant to division (C) of section 3517.082 of the Revised Code, include those which have been paid A labor organization or affiliated organizations, or by a corporation, its wholly owned subsidiaries or its parent organization or from the administrative account of the PAC or FSL PAC. In the case of an Ohio corporate/labor PAC, all reportable expenses paid during the reporting period of each report filed pursuant to division (A) of section 3517.10 of the Revised Code shall be reported to the PAC. An Ohio corporate/labor PAC must report such expenses at the time it files a campaign finance report.

(C) For purposes of divisions (C) (2) and (C) (3) of section 3517.082 of the Revised Code, a corporation or labor organization may use any reasonably accurate method of determining whether an employee’s time or the use of equipment relate to establishing, administering and soliciting contributions to its Ohio PAC or FSL PAC exceeds fifty per cent.

(D) As used in division (C)(3) of section 3517.082 of the Revised Code, the term equipment includes, but is not limited to, typewriters, word processors, computers, computer software, internet service, photocopies and photocopiers, adding machines, desks, files, telephones, postage meters, motor vehicles, and any other equipment necessary to meet the requirements of section 3517.106 of the Revised Code. The cost of pens, pencils and similar office supplies and electricity to operate equipment

are not reportable. As used in division (C)(4) of section 3517.082 of the Revised Code, professional fees include, but are not limited to, fees paid for the following services: legal; accounting; fund-raising; printing; graphic, mail; computer; catering, and golf greens. Professional fees do not include salaries or wages paid to the corporation’s or labor organization’s employees.

(E) Equipment costs, employee wages and salaries, professional fees and solicitation expenses required to be reported by a corporation or labor organization to its FSL PAC or Ohio corporate/labor PAC shall be reported as follows: those which are attributable exclusively to Ohio state and local elections are reported in full; those which can not be attributed exclusively to Ohio state or local elections may be reported in full or may be prorated based on the proportion that expenditures of the PAC or disbursements of the FSL PAC in connection with Ohio state and local elections bear to total expenditures or disbursements in connection with all elections during the same period, as described in paragraph (A) of this rule. An activity which related to the PAC or FSL PAC as a whole, such as soliciting contributions, is attributable to all elections influenced during the reporting period. For purposes of determining if the fifty per cent threshold set forth in divisions (C)(2) and (C)(3) of section 3517.082 of the Revised Code is exceeded, all of an employee’s time and all of an equipment’s use related to the PAC or FSL PAC shall be taken into consideration. Proration may be used to determine only the amount of a cost to be reported.

R.C. 119.032 review dates: 05/30/2006 and 01/01/2011Promulgated Under: 119.03Statutory Authority: 3517.23Rule Amplifies: 3517.082Prior Effective Dates: 3/7/88, 8/23/95 (Emer), 11/21/95, 7/13/98 (Emer), 9/24/98, 1/1/02

111-4-07 Social or fund-raising events; gifts, prizes, or other things of value in exchange for contributions.

(A) A corporation, nonprofit corporation, or labor organization may not use its money or property for a social fund-raising event for its Ohio PAC, if an



employee’s or labor organization member’s right to attend the event is predicated on the employee or member contributing or having contributed or agreeing to contribute to the PAC. An informational meeting concerning the PAC is not a social event for purposes of this rule, so long as any provision of food and beverages at the event is insignificant and merely incidental thereto. An Ohio corporate PAC may charge employees or members to attend a social fund-raising event if the corporation’s money or property is not used in connection with the event.

(B) A corporation including a nonprofit corporation, may not pay for a thing of value, such as a prize or gift, in exchange for a contribution to its Ohio PAC. Lapel pins, plaques, certificates, coffee cups, T-shirts, caps and like items of insignificant cost evidencing contributor status in the PAC are not things of value for purposes of this rule. An Ohio corporate PAC may pay for a prize, gift or other thing of value from its political action committee or separate segregated fund in exchange for a contribution to the fund.

R.C. 119.032 review dates: 05/30/2006 and 01/01/2011Promulgated Under: 119.03Statutory Authority: 3517.23Rule Amplifies: 3599.03Prior Effective Dates: 3/7/88, 8/23/95 (Emer), 11/21/95, 1/1/02

111-4-08 Solicitation of contributions for a particular candidate prohibited; administrative expenses which may and may not be paid by a connected corporation.

(A) A corporation, nonprofit corporation, or labor organization may not solicit contributions to its Ohio PAC or FSL PAC for a particular Ohio state or local candidate or a political party. However, an Ohio PAC or FSL PAC may permit their contributors to voluntarily earmark their contributions for any particular candidate, political action committee, political contributing entity, legislative campaign fund, or political party of their choice.

(B) Except as provided in paragraph (D) of this rule, expenses associated with activities of an Ohio PAC or FSL PAC, which aid Ohio state or local candidates, any legislative campaign fund, or any political

party, are not administrative expenses under section 3517.082 of the Revised Code, and a corporation including a nonprofit corporation may not use its money or property for such activities. Such activities include, but are not limited to, the following:

(1) Nonmonetary (in-kind) contributions to Ohio state or local candidates, political parties, and legislative campaign funds;

(2) Independent expenditures to influence state or local candidate elections other than ballot issue elections;

(3) Receptions or other social events for state or local candidates, political parties, and legislative campaign funds; and

(4) Communications to stockholders, members, employees, directors, officers, or trustees of the corporation regarding state or local candidates. This provision does not include a regular communication to the PAC’s contributors, reporting how PAC funds were spent, including the names of candidates and officeholders to whom contributions were made and the voting record of such officeholders.

(C) An Ohio corporate PAC or FSL corporate PAC 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 committee or separate segregated fund established under section 3517.082 of the Revised Code.

(D) A corporation, nonprofit corporation, or labor organization may use its money and property for the following activities of its Ohio PAC or FSL PAC in connection with Ohio state or local elections, but only if such activities are designed so as not to aid any particular candidate or political party:

(1) Voter registration and get-out-the-vote activities;

(2) Candidate debates and other functions at which candidates are permitted to address or meet voters, but only if each candidate for the same office is offered the same opportunity to appear and speak at such function. No effort may be made at such functions to express support for



a candidate or to solicit contributions for a candidate;

(3) Printed material intended to educate voters as to the qualifications, records and positions of candidates consisting of questions directed to all candidates for the same office and their verbatim responses to such questions, provided that the number of words per response may be limited at the time the questions are sent.

R.C. 119.032 review dates: 05/30/2006 and 01/01/2011Promulgated Under: 119.03Statutory Authority: 3517.23Rule Amplifies: 3517.082Prior Effective Dates: 3/7/88, 1/1/02

111-4-09 Corporation and Labor Organization Communications.

(A) As provided by section 3599.03 of the Revised Code, the placement of a campaign sign on the property of a corporation, nonprofit corporation or labor organization is not a use of property in violation of division (A) of section 3599.03 of the Revised Code. A corporation, nonprofit corporation or labor organization may not produce a campaign sign for placement or pay for the production or placement or erection of a campaign sign on the corporation, nonprofit corporation or labor organization’s property.

(B) For the purpose of division (F)(3) of section 3599.03 of the Revised Code, “communicating information” by a corporation or labor organization shall include all of the following:

(1) written communication, including communication and information produced and paid for by a candidate’s campaign committee, political party or legislative campaign fund, that is distributed exclusively to members, employees, officers, or trustees of the labor organization or shareholders, employees, officers, or directors of the corporation or to members of the immediate families of any such individual or is unintentionally sent as well to a de minimis number of other individuals by:

(a) mail either as an individual piece or part of a multi-piece package;

(b) e-mail;

(c) memoranda;

(d) reports

(2) designing, producing or posting, or the permitted posting of a sign or other material, including a sign or other information produced and paid for by a candidate’s campaign committee, political party or legislative campaign fund, that is posted in a place viewable exclusively by the members, employees, officers, or trustees of the labor organization or shareholders, employees, officers, or directors of a corporation or to members of the immediate families of any such individual or is unintentionally viewable as well to a de minimis number of other individuals.

(3) Audible speech or the permitted audible speech on the property or through the facilities of the labor organization or corporation so long as such speech or permitted speech is delivered exclusively to the members, employees, officers, or trustees of the labor organization or shareholders, employees, officers, or directors of the corporation or to members of the immediate families of any such individual or is unintentionally delivered as well to a de minimis number of other individuals.

Effective: 01/01/2006R.C. 119.032 review dates: 01/01/2011Promulgated Under: 119.03Statutory Authority: 3517.23Rule Amplifies: 3599.03

111-4-10 Electioneering Communication.

(A) As prohibited by 3517.1011 (H) of the Revised Code, no person shall make, during the thirty days preceding a primary election or during the thirty days preceding a general election, an electioneering communication using any contributions received from a corporation or labor organization. For the purpose of this prohibition, “make” means the airing or running of any electioneering communication.

(B) Division (H) of 3517.1011 does not preclude an individual, partnership or unincorporated association



from making, within the 30 days prior to a primary or general election, an electioneering communication so long as no corporation or labor organization has contributed anything of value toward the making of the electioneering communication.


111-4-11 Statewide ballot issue political action committees.

(A) As used in divisions (A) and (C) of section 3517.12 of the Revised Code and this rule, “contribution” shall mean a loan, gift, deposit, forgiveness of indebtedness, donation, advance, payment, or transfer of funds or anything of value, including a transfer of funds from an inter vivos or testamentary trust or decedent’s estate, and the payment by any person other than the person to whom the services are rendered for the personal services of another person, which contribution is made, received, or used for the purpose of influencing the results of an election. All contributions shall be included on a statement of contributions filed under those divisions and this rule.

(B) For the purpose of divisions (A) and (C) of section 3517.12 of the Revised Code and this rule, “contribution” does not include any of the following:

(1) Services provided without compensation by individuals volunteering a portion or all of their time to the creating, copying, distributing or circulating of the issue petitions or the gathering of petition signatures;

(2) Ordinary home hospitality;

(3) The personal expenses of a volunteer paid for by that volunteer.

(C) As used in divisions (A) and (C) of section 3517.12 of the Revised Code and this rule, “expenditure” shall mean the disbursement or use of a contribution for the purpose of:

(1) Influencing the results of an election, or;

(2) Making a charitable donation under division (G) of section 3517.08 of the Revised Code.

(D) As used in this rule, the filing by the circulator or committee in charge of an initiative or referendum petition, or supplementary petition for additional signatures, for the submission of a constitutional amendment, proposed law, section, or item of any law of the appointment of a treasurer as required by division (A) of section 3517.12 of the Revised Code and detailed in paragraph (E) of this rule, creates a “Ballot Issue Political Action Committee.” A “ballot issue political action committee” consists of all of the following:

(1) The treasurer appointed pursuant to division (A) of section 3517.12 of the Revised Code, and;

(2) The circulator or committee member signing the designation of treasurer appointing the treasurer, and;

(3) Any committee member engaged in the creating, copying, distributing or circulating the initiative or referendum petition, or supplementary petition for additional signatures, for the submission of a constitutional amendment, proposed law, section or item of any law.

(E) As required by division (A) of section 3517.12 of the Revised Code, prior to receiving a contribution or making an expenditure, the circulator or committee in charge of an initiative or referendum petition, or supplementary petition for additional signatures, for the submission of a constitutional amendment, proposed law, section, or item of any law shall appoint a treasurer and shall file with the secretary of state, on a form prescribed by the secretary of state, a designation of that appointment, including the full name and address of the treasurer and of the circulator or committee.

(1) For the purpose of paragraph (E) of this rule, the form used to appoint the treasurer and disclose the full name and address of the treasurer and of the circulator or committee is the designation of treasurer, form 30-D.

(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 on behalf of a ballot issue political action committee. The designation of treasurer form, as prescribed by the secretary of state, shall include an area whereby a circulator or committee may make this indication.

(F) As required by division (C) of section 3517.12 of the Revised Code, the designated treasurer of a ballot issue political action committee shall file statements of contributions and expenditures in accordance with section 3517.10 of the Revised Code regarding all contributions made or received and all expenditures made by that treasurer, the circulator, or committee in connection with the initiative or referendum petition supplementary petition for additional signatures, for the submission of a constitutional amendment, proposed law, section, or item of any law.

(1) For the purpose of paragraph (F) of this rule, all forms used to compile the required statements shall be those prescribed by the secretary of state pursuant to division (C)(6) of section 3517.10 of the Revised Code.

(2) A ballot issue political action committee shall file the statements required by division (A)(1) and (A)(2) of section 3517.10 of the Revised Code if:

(a) In the case of the pre-election statement required by division (A)(1) of that section, the initiative, referendum or constitutional amendment issue will appear on the election ballot and if either contributions received or expenditures made by the ballot issue political action committee for the reporting period are more than one thousand dollars;

(b) In the case of the post-election statement required by division (A)(2) of that section, the initiative, referendum or constitutional amendment issue did appear on the election ballot.

(G) A ballot issue political action committee formed pursuant to division (A) of section 3517.12 of the Revised Code and in compliance with this rule is created to support or oppose a ballot issue or question and makes no contributions to or expenditures on behalf of a political party, campaign

committee, legislative campaign fund or political action committee.

(H) Pursuant to division (D)(2) of section 3517.102 of the Revised Code, a ballot issue political action committee is not subject to the limitations specified in divisions (B)(1)(a)(vii), (B)(3)(d), (B)(4), and (C)(7) of section 3517.102 of the Revised Code.

(I) Nothing in section 3517.12 of the Revised Code or this rule restricts or limits the creation of a political action committee that is organized to support or oppose a certified ballot issue or a proposed ballot issue.

(J) The filing and disclosure requirements of divisions (A) and (C) of section 3517.12 of the Revised Code, as amplified by this rule, are separate and distinct from the filing and disclosure requirements of division (B) of section 3517.12 of the Revised Code.

(K) As used in this rule, “influencing the results of an election” shall include creating, copying, distributing or circulating the initiative or referendum petition, or supplementary petition for additional signatures, for the submission of a constitutional amendment, proposed law, section or item of any law.


111-5-01 Payment of filing fee by candidate.

The payment of any filing fee required by sections 3513.10 and 3513.261 of the Revised Code by the candidate from the candidate’s own funds shall not be considered an expenditure that requires the filing of a designation of appointment of a treasurer under section 3517.10 of the Revised Code.

If the candidate has filed a designation of appointment of a treasurer under section 3517.10 of the Revised Code, payment of the fee required by section 3513.10 or 3513.261 of the Revised Code may be made by the candidate’s campaign committee from the campaign fund.



R.C. 119.032 review dates: 12/26/2006Promulgated Under: 119.03Statutory Authority: RC 3517.23Rule Amplifies: RC 3517.10Prior Effective Dates: 1/1/02

111-5-02 Contributions received for debt retirement.

As used in section 3517.108 of the Revised Code, “unpaid debt” includes both unpaid debts and unpaid loans. Payments made toward unpaid debts or loans under section 3517.108 of the Revised Code shall be vouched for pursuant to section 3517.10 of the Revised Code.

For purposes of section 3517.108 of the Revised Code, a campaign committee may accept additional contributions from an individual, political action committee, political contributing entity, or other campaign committee when that individual, committee, or entity has contributed less than the contribution limitations prescribed in section 3517.102 of the Revised Code or has made no contributions to that campaign committee during the primary or general election period for which the debt remains unpaid.

R.C. 119.032 review dates: 12/26/2006Promulgated Under: 119.03Statutory Authority: RC 3517.23Rule Amplifies: RC 3517.108Prior Effective Dates: 1/1/02

111-5-03 Political action committee contributions.

Any political action committee that is not registered under Section 3517.107 of the Revised Code shall file a designation of appointment of treasurer prior to receiving contributions or making expenditures for the purpose of influencing the results of a state or local election in Ohio. A political action committee not registered under Section 3517.107 of the Revised Code and that is registered in a state other than Ohio may not use any contributions received prior to the filing of the appointment of designation of treasurer to make expenditures to influence the results of a state or local election in Ohio.

Once a political action committee has filed an appointment of designation of treasurer pursuant to Section 3517.10 of the Revised Code, any contribution received or expenditure made by the 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 Revised Code.

Any campaign committee, political action committee, political contributing entity, legislative campaign committee or political party that receives a contribution from a political action committee prior to that political action committee filing a designation of appointment of treasurer under section 3517.10 of the Revised Code and this rule shall return the contribution to the political action committee.

R.C. 119.032 review dates: 12/26/2006Promulgated Under: 119.03Statutory Authority: RC 3517.23Rule Amplifies: RC 3517.10, 3517.107Prior Effective Dates: 1/1/02, 1/1/06

111-5-04 When campaign finance statements must be filed.

Whether and when a campaign finance statement is required to be filed under section 3517.10 of the Revised Code depends upon whether the reporting entity is a campaign committee, political action committee, political contributing entity, political party, or legislative campaign fund and the amount and purpose of the reporting entity’s contribution and expenditure activity. Except as otherwise provided in paragraph (C) of this rule, the criteria used for filing a preelection statement under division (A)(1) of section 3517.10 of the Revised Code and a postelection statement under division (A)(2) of section 3517.10 of the Revised Code apply to any primary, general, or special election.

(A)(1) A campaign committee’s filing requirements are based upon when the committee’s candidate is on the ballot. The campaign committee of a candidate who is not on the ballot during a calendar year is not required to file the statements under division (A)(1) of section 3517.10 or division (A)(2) of 3517.10 of the Revised Code for that year, regardless of



contributions received and expenditures made. In this case, the campaign committee is required to file the annual statement under division (A)(3) of section 3517.10 of the Revised Code reflecting all contributions received and all expenditures made that were not reflected in the last statement required to be filed under section 3517.10 of the Revised Code through the last day of December.

(2) During a year in which the candidate is on the ballot, the preelection statement required by division (A)(1) of section 3517.10 of the Revised Code is due when the campaign committee has received one thousand dollars or more in contributions or has made expenditures of one thousand dollars or more, from the contributions and expenditures reflected in the last statement required to be filed under section 3517.10 of the Revised Code through the twentieth day before the election. The postelection statement required by division (A)(2) of section 3517.10 of the Revised Code is due when the campaign committee received any contributions or made any expenditures from the contributions and expenditures reflected in the last statement required to be filed under section 3517.10 of the Revised Code through the seventh day before the postelection statement under division (A)(2) of section 3517.10 of the Revised Code is required to be filed.

(B)(1) The filing requirements for political action committees, political contributing entities, political parties, and legislative campaign funds are based on whether the entity attempted to influence the results of an election. For the purpose of determining when any of the entities described in the preceding sentence must file a statement required under paragraph (B)(2), (B)(3), or (B)(4) of this rule, any contributions made to or expenditures made on behalf of a candidate or the campaign committee of a candidate during a calendar year when the candidate is not on a ballot is not considered to be made to influence the results of an election held during that calendar year. If those are the only contributions or expenditures the entity makes during that calendar year, then the entity is required to file only the statement required

under division (A)(3) of section 3517.10 of the Revised Code. If the entity makes any other contributions to or expenditures on behalf of a political entity to influence the results of an election during that calendar year for which a statement is required to be filed under division (A)(1), (A)(2), or (A)(3) of section 3517.10 of the Revised Code, then the entity shall file whichever statement is required under those divisions.

(2) If, from the last statement filed through the twentieth day before the election, a political action committee, political contributing entity, political party, or legislative campaign fund made any expenditures to influence the results of an election and received one thousand dollars or more in contributions or made one thousand dollars or more in expenditures, then that political action committee, political contributing entity, political party, or legislative campaign fund is required to file the preelection statement required under division (A)(1) of section 3517.10 of the Revised Code.

(3) A political action committee, political contributing entity, political party, or legislative campaign fund is required to file the postelection statement under division (A)(2) of section 3517.10 of the Revised Code when the political action committee, political contributing entity, political party, or legislative campaign fund made any contributions to or made any expenditures on behalf of a candidate or the campaign committee of a candidate to influence the results of that candidate’s nomination or election to office from the date of reflection of the contributions and expenditures made on the last statement that was required to be filed under section 3517.10 of the Revised Code through the seventh day before the date the postelection report under division (A)(2) of section 3517.10 of the Revised Code is required to be filed.

(4) During a calendar year in which a political action committee, political contributing entity, political party or legislative campaign fund made no contributions or expenditures to influence the results of an election held during that calendar year, the entity is not required to



file a preelection statement under division (A)(1) of section 3517.10 of the Revised Code or a postelection statement under division (A)(2) of section 3517.10 of the Revised Code. The entity is required to file an annual statement under division (A)(3) of section 3517.10 of the Revised Code reflecting contributions received and expenditures made from date of reflection of the contributions and expenditures made on the last statement that was required to be filed under section 3517.10 of the Revised Code through the last day of December of that calendar year.

(C) Any campaign committee that filed a postgeneral election statement under division (A)(2) of section 3517.10 of the Revised Code is not required to file an annual statement for that year.

(D)(1) As used in this paragraph, “active campaign committee” is any campaign committee that has a designation of appointment of a treasurer on file with a board of elections or the secretary of state and has not filed a termination statement pursuant to section 3517.10 of the Revised Code.

(2) Any active campaign committee that did not file a postgeneral election statement under division (A)(2) of section 3517.10 of the Revised Code is required to file an annual statement under division (A)(3) of section 3517.10 of the Revised Code.

(3) An active campaign committee that did not receive any contributions or make any expenditures during a calendar year must file an annual statement under division (A)(3) of section 3517.10 of the Revised Code stating that it received no contributions and made no expenditures during that calendar year. A completed form 30-A, prescribed by the secretary of state, showing the beginning and ending balances and the total of any outstanding loans or debts satisfies this requirement.

(E) A candidate who receives a certificate of nomination pursuant to section 3513.02 of the 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

to section 3513.02 of the Revised Code and for which the candidate was issued the certificate.

(F) A campaign committee may terminate pursuant to section 3517.10 of the Revised Code if it has a zero balance and no outstanding loans or debts. The termination statement may be made a part of an otherwise scheduled statement required to be filed under section 3517.10 of the Revised Code, or may be filed separately at any other time.

(G) The semiannual statement required by division (A)(4) of section 3517.10 of the Revised Code is due to be filed by the last business day of July reflecting contributions received and expenditures made from the last statement that was required to be filed under section 3517.10 of the Revised Code through the last day of June of that calendar year. A semiannual statement is not required of any campaign committee, political action committee, political contributing entity, political party or legislative campaign fund if a post-primary election statement, as required by division (A)(2) of section 3517.10 of the Revised Code, was filed for that election year.

(1) No campaign committee of a candidate for the office of chief justice or justice of the supreme court, and no campaign committee of a candidate for the office of judge of any court in this state, shall be required to file a semiannual statement under division (A)(4) of section 3517.10 of the Revised Code.

(2) The campaign committee of a statewide candidate and the campaign committee of a candidate for county office are required to file the semiannual statement under division (A)(4) of section 3517.10 of the Revised Code for any year in which the candidate does not appear on an election ballot.

(3) Except as otherwise provided in this section, the campaign committee of a candidate for any nonjudicial office is required to file a semiannual statement if that campaign committee receives, during that period, contributions exceeding ten thousand dollars.



Effective: 07/27/2006R.C. 119.032 review dates: 05/02/2006 and 07/01/2011Promulgated Under: 119.03Statutory Authority: 3517.23Rule Amplifies: 3517.10Prior Effective Dates: 9/6/74 (Emer), 11/21/95, 1/1/02, 1/1/06

111-5-06 Definition of cash.

For purposes of enforcing section 3517.13 of the Revised Code, the term “cash” means coined or paper money designated as legal tender and circulated from hand to hand as a medium of exchange.

R.C. 119.032 review dates: 12/26/2006Promulgated Under: 119.03Statutory Authority: RC 3517.23Rule Amplifies: RC 3517.13Prior Effective Dates: 9/6/74, 1/1/02

111-5-07 Contributions made by a candidate or by the candidate’s campaign committee.

Contributions made by a candidate to the candidate’s own campaign must be reported by the candidate’s campaign committee. Contributions made by a candidate’s campaign committee to a political party, political committee, political contributing entity, or another campaign committee must be reported as expenditures on Form No. 31-B, as prescribed by the secretary of state, and the word “contribution” should be written in the “purpose” portion of the form.

R.C. 119.032 review dates: 12/26/2006Promulgated Under: 119.03Statutory Authority: RC 3517.23Rule Amplifies: RC 3517.10Prior Effective Dates: 9/6/74, 7/13/98 (Emer.), 9/14/98, 1/1/02

111-5-08 Monthly statements.

Monthly statements shall be filed no later than three business days after the last day of the month covered by such statement. Such statement shall be on a form prescribed by the secretary of state and shall include all of the following:

(A) The full name and address of each person, political party, political contributing entity, campaign committee, legislative campaign fund or political action committee from whom contributions are received and the registration number assigned to the political action committee;

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

(C) If a campaign committee of a statewide candidate receives a contribution from an individual that exceeds one hundred dollars, the name of the individual’s current employer, if any, or, if the individual is self-employed the individual’s occupation;

(D) If a campaign committee of a statewide candidate receives a contribution transmitted pursuant to section 3599.031 of the Revised Code from amounts deducted from the wages and salaries of two or more employees that exceeds one hundred dollars, the full name of the employees’ employer and the full name of the labor organization of which the employees are members, if any.

The information included on a monthly statement shall not be reported again on any subsequent monthly statement, two-business-day statement, or campaign finance statement required by section 3517.10 of the Revised Code.

Any monthly statement required to be filed under section 3517.10 of the Revised Code that is found to be incomplete or inaccurate by the secretary of state shall be accepted on a conditional basis, and the person who filed it shall be notified by certified mail as to the incomplete or inaccurate nature of the report. Within twenty-one days after receipt of a notice, the recipient shall file an addendum to the statement providing the information necessary to complete or correct the statement.

A statement is incomplete or inaccurate if it fails to disclose substantially all contributions that are received from a source and that are required to be reported on the monthly statement required by section 3517.10 of the Revised Code or if the report fails to disclose at least ninety per cent of the total contributions received during the reporting period.



R.C. 119.032 review dates: 12/26/2006Promulgated Under: 119.03Statutory Authority: RC 3517.23Rule Amplifies: RC 3517.10, 3517.11Prior Effective Dates: 8/23/95 (Emer.), 11/21/95, 7/13/95 (Emer.), 9/24/98, 1/1/02

111-5-09 Two-business-day statements.

If any contribution, alone or in aggregation with any other contribution, is received from the same contributor in the amount of five hundred dollars or more by the campaign committee of any candidate for chief justice or any candidate for justice of the supreme court or in the amount of two thousand five hundred dollars or more by the campaign committee of any other statewide candidate on or after the nineteenth day before through midnight of the day of the election, the campaign committee of that candidate shall notify the secretary of state within forty-eight hours of receipt of the contribution. The notification shall be in writing and shall include the name of the candidate and the office sought by the candidate, the identification of the contributor, and the date of receipt and amount of the contribution. The notification required by this rule shall be in addition to the reporting of these contributions on the postelection statement required under section 3517.10(A)(2) of the Revised Code.

Any two-business-day statement required to be filed under section 3517.10 of the Revised Code that is found to be incomplete or inaccurate by the secretary of state shall be accepted on a conditional basis, and the person who filed it shall be notified by certified mail as to the incomplete or inaccurate nature of the statement. Within twenty-one days after receipt of a notice, the recipient shall file an addendum to the statement providing the information necessary to complete or correct the statement.

A statement is incomplete or inaccurate if it fails to disclose substantially all of the information required to be reported on the two-business-day statement.

R.C. 119.032 review dates: 12/26/2006Promulgated Under: 119.03Statutory Authority: RC 3517.23Rule Amplifies: RC 3517.10, 3517.11Prior Effective Dates: 8/23/95 (Emer.), 11/21/95, 7/13/98 (Emer.), 11/24/98, 1/1/02

111-5-10 Short form statements.

(A) No campaign committee is required to file a postprimary election campaign finance statement required under division (A)(2) section 3517.10 of the Revised Code if, during the combined preelection and postelection reporting periods, the committee received contributions of five hundred dollars or less and made expenditures of five hundred dollars or less. Instead, the campaign committee may file a short-form statement as prescribed by the secretary of state. The statement shall indicate the total amount of contributions received and expenditures made and the balance on hand, and shall be signed under penalty of election falsification. If either the contributions received or the expenditures made during this period exceed five hundred dollars, the campaign committee must file the postprimary election statement required by section 3517.10(A)(2) of the Revised Code that includes all the information required in divisions (B) and (C) of section 3517.10 of the Revised Code.

(B) No campaign committee is required to file a postgeneral election campaign finance statement required by division (A)(2) of section 3517.10 of the Revised Code if, during the combined preprimary, postprimary, pregeneral, and postgeneral election periods, it received contributions and made expenditures of five hundred dollars or less. Instead, the campaign committee may file a short-form statement as prescribed by the secretary of state. The statement shall indicate the total amount of contributions received and expenditures made and the balance on hand, and shall be signed under penalty of election falsification. If either the contributions received or the expenditures made during the combined periods exceed five hundred dollars, the campaign committee shall file the postgeneral election statement required by division (A)(2) of section 3517.10 of the Revised Code that includes all the information required in divisions (B) and (C) of section 3517.10 of the Revised Code.

(C) Paragraphs (A) and (B) of this rule do not apply if a campaign committee makes expenditures prior to the first day of January of the year of the election at which the candidate seeks nomination or election to office or if the campaign committee does not file a termination statement with its postprimary election statement in the case of an unsuccessful primary



election candidate or with its postgeneral election statement in the case of other candidates.

(D) If a campaign committee of a successful candidate at a primary election has filed a short form in accordance with this rule, then the first statement that committee files in regard to the general election shall reflect all contributions received and all expenditures made during the preprimary and postprimary election periods.

(E) A campaign committee of a candidate that was unsuccessful in its effort to obtain its party’s nomination to office and that fails to terminate may not file a short form statement for the postprimary election statement required under division (A)(2) of section 3517.10 of the Revised Code as provided in this rule, regardless of the amount of contributions received and expenditures made. Instead such campaign committee must file the statements required by divisions (A)(1) and (A)(2) of section 3517.10 of the Revised Code.

(F) A campaign committee of a candidate that was unsuccessful in its effort to seek election to office and that fails to terminate may not file a short form statement as provided in this rule, regardless of the amount of contributions received and expenditures made. Instead such campaign committee must file the statements required by divisions (A)(1) and (A)(2) of section 3517.10 of the Revised Code.

R.C. 119.032 review dates: 12/26/2006Promulgated Under: 119.03Statutory Authority: RC 3517.23Rule Amplifies: RC 3517.10Prior Effective Dates: 8/23/95, 11/21/95, 7/13/98, 9/24/98, 1/1/02

111-5-11 Forms.

Each statement filed with the office of the secretary of state or a county board of elections by the campaign committee of a candidate or by a political party, political contributing entity, political action committee, ballot issue committee, individual, or legislative campaign fund shall be filed on the appropriate form prescribed by the secretary of state.

Forms may be obtained by writing to the Ohio Secretary of State, 180 East Broad Street, 15th floor,

Columbus, Ohio 43215, from the secretary of state’s web site, www.state.oh.us/sos/, or from any county board of elections.

Any individual or entity required to file campaign finance statements under Chapter 3517. of the Revised Code whose statement is filed with a board of elections or with the secretary of state may reproduce the forms that are prescribed by the secretary of state or, with the prior written approval of the secretary of state, may modify the forms prescribed by the secretary of state provided that the modified forms are only for the individual’s or entity’s own use.

R.C. 119.032 review dates: 12/26/2006Promulgated Under: 119.03Statutory Authority: RC 3517.23Rule Amplifies: RC 3517.10, 3517.11Prior Effective Dates: 8/23/95, 11/21/95, 7/13/98, 9/24/98, 1/1/02

111-5-12 Deposit of receipts.

(A) As used in this rule, “committee” means a campaign committee, political party, political action committee, political contributing entity, legislative campaign fund, or ballot issue committee.

(B) All contributions received by a committee shall be deposited in an account or accounts established by the committee within thirty days of receipt or shall be returned to the contributor without being deposited. The treasurer of the committee shall be responsible for making such deposits or returns. A committee shall make all disbursements by check or similar draft drawn on an account at its designated campaign depository. Funds may be transferred from the depository for investment purposes, but shall be returned to the depository before such funds are used to make expenditures.

The treasurer of the committee shall be responsible for examining all contributions received for evidence of illegality and for ascertaining whether contributions received, when aggregated with other contributions from the same contributor, exceed the contribution limits of section 3517.102 of the Revised Code.

Contributions that present genuine questions as to whether they were made in excess of the allowable contribution limits or by corporations or foreign



nationals, or in the name of another, may be either deposited in a campaign depository, or returned in their entirety to the contributor. If any such contribution is deposited, the treasurer shall make his or her best efforts to determine the legality of the contribution. No expenditures shall be made using such contributions unless the treasurer has determined that the contribution was not made in excess of the allowable contribution limits, or by a corporation, foreign national, or made in the name of another.

The treasurer shall have been deemed to have made his or her best efforts if he or she has made at least one written or oral request for evidence of the legality of the contribution.

Such evidence includes, but is not limited to, a written statement from the contributor explaining why the contribution is legal, or a written statement by the treasurer memorializing an oral communication explaining why the contribution is legal.

If the contribution cannot be determined to be allowed under Ohio law, the treasurer shall refund the entire contribution to the contributor within thirty days.

If the treasurer, exercising his or her responsibilities, including best efforts in the case of questionable contributions, determines that a contribution was not made illegally, such as in excess of the contribution limits, or by a corporation, foreign national, or made in the name of another, but later discovers that it is illegal based on new evidence not available at the time of receipt and deposit or best efforts determination, the treasurer shall refund the entire contribution to the contributor within ten days of the date on which the illegality is discovered. If the committee does not have sufficient funds to cover the refund of the contribution at the time the illegality is discovered, the committee shall first refund an amount equal to the committee’s balance on hand and shall refund the balance of the contribution from the next funds it receives.

Contributions which on their face exceed the contribution limits set forth in section 3517.102 of the Revised Code and contributions which on their face are from corporations or foreign nationals shall not be

deposited but shall be returned in their entirety to the contributor within ten days of receipt.

R.C. 119.032 review dates: 12/26/2006Promulgated Under: 119.03Statutory Authority: RC 3517.23Rule Amplifies: RC 3517.10, 3517.102Prior Effective Dates: 8/23/95, 11/21/95, 7/13/98, 1/1/02

111-5-13 Checks combining contributions with other payments.

A contributor may not issue a single check to a corporation or labor organization that represents both a contribution to the corporation’s or labor organization’s political action committee or separate segregated fund and payment of dues or other fees. Checks for contributions and checks for the payment of dues or other fees must be issued separately.

A contributor may issue a single check to an association or other organization which is not a corporation or labor organization that represents both a contribution to the association’s or other organization’s political action committee and payment of dues or other fees. The treasurer of the association’s or other organization’s political action committee that receives a portion of the proceeds of a single check issued for dues or other fees and a contribution, shall maintain records of the amount received as a contribution to ensure that individual contribution limits are not exceeded and other reporting requirements are met.

Under a payroll deduction plan, an employer may not issue a single check on behalf of its employees which check represents a combined payment of contributions to a political action committee or separate segregated fund of a labor organization of the employer’s employees or to a political action committee or separate segregated fund of an association of which the employer is a member, and dues or other fees to such labor organization or association except when such check is issued to an entity separate from the labor organization or association on behalf of one or more employees for purposes of distribution.



R.C. 119.032 review dates: 12/26/2006Promulgated Under: 119.03Statutory Authority: RC 3517.23Rule Amplifies: RC 3599.031Prior Effective Dates: 8/23/95, 3/29/96, 1/1/02

111-5-14 Accounting for contributions and expenditures.

The treasurer of a campaign committee, political action committee, ballot issue committee, political contributing entity, political party, or legislative campaign fund shall fulfill all record-keeping duties as set forth in this rule.

(A) Except as otherwise provided in paragraph (H) of this rule, an account of contributions shall be kept, by any reasonable accounting procedure, of all contributions received by or on behalf of the entity, regardless of the amount of the contribution received or the circumstances of where the contribution was received. The account shall include the name and street address of the contributor, the date the contribution was received, the form in which the contribution was received, and the amount of the contribution. The account shall also include all of the following:

(1) For contributions in excess of one hundred dollars received by a campaign committee of a statewide candidate or candidate for the office of member of the general assembly from two or more employees through a system of payroll deduction, the name and street address of each contributor, the date the contribution was received, the name of the contributors’ employer, and the name of the contributors’ labor organization, if any;

(2) For contributions received by a campaign committee of a statewide candidate or candidate for the office of member of the general assembly from any person in excess of one hundred dollars, the name of the contributor’s employer or, if self-employed, the contributor’s occupation;

(3) For contributions from a political action committee, the full name and street address of the political action committee, the registration

number of the committee issued by the secretary of state under section 3517.10 of the Revised Code, if any, and the date of receipt and amount of the contributions.

(B) An account shall be kept of all expenditures made by or on behalf of a campaign committee, political action committee, ballot issue committee, political contributing entity, political party, or legislative campaign fund. Such account shall consist of a record of all of the following:

(1) The name and address of every person or entity to whom any expenditure is made;

(2) The date, amount, and purpose of the expenditure. As used in this paragraph, “purpose” includes a brief statement or description of why the expenditure is made.

(C) In addition to the accounts that must be kept as provided in this rule, each campaign committee, political action committee, ballot issue committee, political party, political contributing entity, or legislative campaign fund shall retain all records related to its contribution and expenditure activity. These records shall include, but are not limited to, all of the following:

(1) Statements received from its campaign depository;

(2) Canceled checks or authentic facsimiles thereof, except that disbursements by share draft or check drawn on a credit union account shall be documented by providing a carbon copy of the share draft or check drawn on the credit union account along with a copy of the monthly account statement showing that the share draft or check was paid by the credit union;

(3) For credit card transactions, the monthly billing statement or customer receipt for each credit card transaction.

(D) The requirement of section 3517.10 of the Revised Code that every expenditure in excess of twenty-five dollars shall be vouched for, is satisfied by providing an original or photocopy of any of the following:



(1) A receipted bill; or

(2) A canceled check; or

(3) An account statement, from the committees financial institution, which contains the name of the payee, amount, date, and check number.

(E) In performing record-keeping duties, the treasurer or the treasurer’s authorized agent shall use his or her best efforts to obtain, maintain, and submit the required information. If there is a showing that best efforts have been made, any records of an entity that is required to file a statement under section 3517.10 of the Revised Code shall be deemed to be in compliance with Chapter 3517. of the Revised Code. With regard to the requirements of this rule concerning receipts, invoices, and canceled checks, the treasurer will not be deemed to have exercised best efforts to obtain, maintain, and submit the records unless the treasurer has made at least one written attempt for each transaction to obtain a duplicate copy of the invoice, receipt, or canceled check.

(F) The treasurer shall preserve all records and accounts required to be kept under this rule for six years after the statement to which such records and accounts relate has been filed.

(G) Except as otherwise provided in section 3517.108 of the Revised Code, contributions received by a candidate or by a candidate’s campaign committee in a particular election period are deemed to have been made for the election period during which they were received.

(H) In accordance with division (L) of section 3517.10 of the Revised Code, paragraph (A) of this rule does not apply to contributions received by a political contributing entity from the dues, membership fees, or other assessments of its members or from its officeholders, shareholders, or employees to the extent that dues, membership fees, or other assessments may be aggregated for reporting purposes.

(I) Pursuant to division (B)(4) of section 3517.081 of the Revised Code, a candidate shall not become a beneficiary of a multi-beneficiary campaign committee without first terminating the candidate’s

individual campaign committee, if one exists, by doing any of the following in disposal of any remaining contributions:

(1) Giving the amount to the Ohio elections commission fund;

(2) Giving the amount to individuals who made contributions as a refund of all or part of their contribution;


A candidate’s individual campaign committee shall not contribute or transfer any contributions into any multi-beneficiary campaign committee by or for the benefit of that candidate.

(J) When terminating a multi-beneficiary campaign committee in accordance with division (B)(3)(a) of section 3517.081 of the Revised Code, the campaign committee shall dispose of any remaining contributions only by doing any of the following:

(1) Giving the amount to the Ohio elections commission fund;

(2) Giving the amount to individuals who made contributions as a refund of all or part of their contribution;


No contributions from the multi-beneficiary campaign committee shall be contributed or transferred into any candidate’s individual campaign committee. This prohibition on a multi-beneficiary campaign committee contributing or transferring contributions into any candidate’s individual campaign committee, as prescribed in division (B)(3)(b) of section 3517.081 of the Revised Code, applies only when the multi-beneficiary campaign committee is in the process of terminating in accordance with division (B)(3)(a) of section 3517.081 of the Revised Code and paragraph (J) of this rule.



(K) Pursuant to section 3517.081 of the Revised Code, each candidate shall have no more than one campaign committee. As prescribed by divisions (B)(3) and (B)(4) of section 3517.081 of the Revised Code and paragraphs (I) and (J) of this rule, no candidate may have, in concurrent operation, campaign committees for which the candidate is both the sole beneficiary in the case of an individual campaign committee and a beneficiary of a multi-beneficiary campaign committee.

Effective: 07/27/2006R.C. 119.032 review dates: 05/02/2006 and 07/01/2011Promulgated Under: 119.03Statutory Authority: 3517.23Rule Amplifies: 3517.10, 3517.081, 3517.109Prior Effective Dates: 8/23/95 (Emer), 11/21/95, 7/13/98 (Emer), 9/24/98, 1/1/02, 1/1/06

111-5-15 Uniform reporting of contributions.

If an itemized contribution is made by more than one person in a single instrument, the treasurer of an entity that is required to file statements under section 3517.10 of the Revised Code shall report the amount to be attributed to each contributor as specified in the written instrument.

Absent evidence to the contrary, any contribution made from a joint checking account or by other written instrument shall be reported as a contribution by the person signing or endorsing the joint check or other written instrument.

If a contribution is made from a partnership or unincorporated business account, the treasurer shall report the amount to be attributed to each partner or owner as specified by an authorized partner or owner of the partnership or unincorporated business. If no specified attribution is made, the treasurer shall attribute the contribution equally among all partners of the partnership or owners of the unincorporated business.

If a contribution is made from an inter vivos or testamentary trust or a decedent’s estate, the treasurer shall report the amount to be attributed to each beneficiary of the trust or estate who is making the contribution, as specified by the beneficiary.

If no specific attribution is made, the treasurer shall attribute the contribution equally among all beneficiaries of the trust or estate.

If a contribution is refunded to the contributor, the treasurer of the reporting entity making the refund shall report the refund on the statement covering the reporting period in which the refund is made.

If a contributor’s name is known to have changed since an earlier contribution reported, the exact name or address previously used shall be noted with the first reported contribution from the contributor subsequent to the name change.

HISTORY: Eff 8-23-95 (Emer.); 11-21-95; 1-1-02Rule promulgated under: RC 119.03Rule authorized by: RC 3517.23Rule amplifies: RC 3517.08, 3517.10Replaces former: 111-5-21R.C. 119.032 Review Date: JUN 29 01 JUL 01 2006

111-5-16 Allocation of expenses between candidates.

Expenditures including in-kind contributions and independent expenditures made on behalf of more than one clearly identified candidate shall be attributed to each such candidate according to the benefit reasonably expected to be derived. For example, in the case of a publication or broadcast communication, the attribution shall be determined by the proportion of space or time devoted to each candidate as compared to the total space or time devoted to all candidates.

An expenditure made by a candidate or the candidate’s campaign committee with the consent of, in coordination, cooperation, or consultation with, or at the request or suggestion of another candidate or campaign committee shall be reported as an in-kind contribution to the candidate or campaign committee on whose behalf the expenditure was made, except that expenditures made by party committees or legislative campaign funds need only be reported as an expenditure.

Expenditures for rent, personnel, overhead, general administrative, fund-raising, and other day-to-day costs of political parties or legislative campaign funds need not be attributed to individual candidates,



unless these expenditures are made on behalf of a clearly identified candidate and the expenditure can be directly attributed to that candidate.

Expenditures for educational campaign seminars, for training of campaign workers, and for registration or get-out-the-vote drives of political parties or legislative campaign funds need not be attributed to individual candidates unless these expenditures are made on behalf of a clearly identified candidate, and the expenditure can be directly attributed to that candidate.

R.C. 119.032 review dates: 12/26/2006Promulgated Under: 119.03Statutory Authority: RC 3517.23Rule Amplifies: RC 3517.08, 3517.10, 3517.102Prior Effective Dates: 8/23/95 (Emer.), 11/21/95, 1/1/02

111-5-17 Other income.

For purposes of preparing a campaign finance statement required by section 3517.10 of the Revised Code, items of other income such as investment income, interest income, refunds received by the reporting entity, uncashed checks, or the reporting entity’s own insufficient funds checks that are returned to the reporting entity shall be reported on a form separate from an account of contributions and expenditures. Such items of other income are presumed, unless shown otherwise, not to count toward the contribution limits set forth in section 3517.102 of the Revised Code.

R.C. 119.032 review dates: 12/26/2006Promulgated Under: 119.03Statutory Authority: RC 3517.23Rule Amplifies: RC 3517.10Prior Effective Dates: 8/23/95 (Emer.), 1/1/02

111-5-18 Joint fund-raising.

Any campaign committee or other reporting entity that engages in a joint fund-raising activity shall do the following:

(A) Require each contributor who desires to make a contribution to more than one participant to write a separate check or make a separate contribution to each participant in the joint fund-raiser subject to the

contribution limits in section 3517.102 of the Revised Code;

(B) Report all contributions received in its name or for its benefit on form 31-E;

(C) Return any check or contribution made payable to more than one participant.

Expenses for a joint fund-raising activity shall be equally divided among all participants in the activity and reported accordingly, unless agreed otherwise by the participants.

R.C. 119.032 review dates: 12/26/2006Promulgated Under: 119.03Statutory Authority: RC 3517.23Rule Amplifies: RC 3517.10, 3517.102Prior Effective Dates: 8/23/95, 11/21/95, 1/1/02

111-5-19 Political communications.

(A) The following articles are exempted from the disclaimer or identification requirements of section 3517.20 of the Revised Code:

(1) Badges or buttons;

(2) Balloons;

(3) Cups and mugs;

(4) Combs;

(5) Emery boards;

(6) Key tags;

(7) Lapel pins, charms, tie tacks, rings, and other items of jewelry;

(8) Letter openers;

(9) Pencils;

(10) Pens;

(11) Standard measuring rulers not more than twelve inches long;

(12) Sponges;

(13) Golf balls and golf tees;



(14) Tee shirts, caps, hats, and other articles of clothing;

(15) Individually wrapped candy;

(16) Magnets 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;

(17) Stickers, labels, decals, or any other printed material with an adhesive back 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.

(18) Plastic discs, designed to be sailed with a flip of the wrist for recreation or competition;

(19) Plastic bags;

(20) Plastic or wooden sticks manufactured for the purpose of stirring paint;

(21) Plastic flyswatters;

(22) Banners that are towed by an aircraft in flight.

(B) Specific exemptions for articles not listed above may be obtained by sending a written request to the “Office of the Secretary of State, Legal Division, 180 E. Broad Street, 16th floor, Columbus, Ohio 43215.” A request for a specific exemption must contain a complete description of the article to be exempted, including a photocopy or other reproduction of the article and the exact dimensions of the article, a brief statement explaining why the exemption should be granted, and the address and telephone number of the person making the request.

(C) Specific exemptions may be granted to articles similar to those listed in paragraph (A) of this rule, the size or nature of which makes it unreasonable to add a disclaimer.

(D) Specific exemptions will not be granted to printed political communications such as placards, posters, signs, newspaper and magazine advertisements, match books, billboards, flyers, handbills, or business cards or any other printed material measuring more than two and one-half by three inches, or more than

seven and one-half square inches, or more than three inches in diameter.

Effective: 07/27/2006R.C. 119.032 review dates: 05/02/2006 and 07/01/2011Promulgated Under: 119.03Statutory Authority: 3517.23Rule Amplifies: 3517.20Prior Effective Dates: 8/20/81, 1/1/02

111-5-20 Amendments.

(A) The secretary of state or the board of elections shall examine all statements required to be filed under sections 3517.081 to 3517.17 of the Revised Code for compliance with sections 3517.08 to 3517.17 of the Revised Code. If during the examination conducted under section 3517.11(B)(4), the statement is found to be incomplete or inaccurate, a notice shall be sent by certified mail to the committee or entity that filed the statement detailing the items that are incomplete or inaccurate. Within twenty-one days after the receipt of the notice, the recipient shall file an addendum, amendment or other correction to the statement providing the information necessary to complete or correct the statement. The addendum, amendment or other correction shall be submitted to the officer with whom the original statement was filed.


111-5-21 Reporting of a contribution from a partnership or other unincorporated business.

(A) As required by division (I) of section 3517.10 of the Revised Code, the recipient of a contribution from a partnership or other unincorporated business must itemize the contribution by listing both the partnership or other unincorporated business and the name of each partner, owner or member for whom the partnership or other unincorporated business issued the contribution. No contribution may be made solely in the name of the partnership or other



unincorporated business.

(B) Simultaneous with the issuance of a check or other instrument which represents one or more individual contributions, a partnership or other unincorporated business must provide one of the following:

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

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

(C) When a contribution is received from a partnership or other unincorporated business, the recipient of the contribution must itemize the contribution as directed by the partnership or other unincorporated business pursuant to paragraph (B)(1) or (B)(2) of this rule. 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 as provided by paragraph (B)(1) or (B)(2) of this rule.

(D) To comply with division (I) of section 3517.10 of the Revised Code and this rule, the recipient of a contribution from a partnership or other unincorporated business must separately list the name, address, date and amount of each allocated contribution as provided by the partnership or other unincorporated business at the time of the contribution. For each entry, whether on paper forms or by electronic means of transmission as prescribed by the secretary of state, the recipient shall utilize the employer/occupation field to disclose the name of the issuing partnership or other unincorporated business.

(E) For purposes of contribution limitations prescribed by section 3517.102 of the Revised Code, a contribution by a partnership or other unincorporated

business shall be considered to have been made by the partner(s), owner(s), or member(s) as allocated and itemized pursuant to paragraphs (B)(1) and (B)(2) of this rule and division (I)(2) of section 3517.10 of the Revised Code. The allocated portion of any partnership or other unincorporated business contribution counts toward the limitations prescribed by section 3517.102 of the Revised Code as applied to individuals, political action committees, political contributing entities, political parties, campaign committees and legislative campaign funds. Both the maker and recipient of an allocated partnership or other unincorporated business contribution must ensure that each allocated contribution, when added to any other contribution from the allocated source, does not violate the contribution limitations, as prescribed by section 3517.102 of the Revised Code, of the allocated contributor.

Effective: 07/27/2006R.C. 119.032 review dates: 07/01/2011Promulgated Under: 119.03Statutory Authority: 3517.23Rule Amplifies: 3517.10, 3517.102

111-6-01 Electronic signature.

(A) Except for section (C) of this rule, no entity shall file a statement by electronic means of transmission, as required by section 3517.10 or 3517.106 of the Revised Code, until that entity:

(1) Files with the secretary of state an Electronic Filing Registration (form 30-D-1) authorizing the establishment of a user name, password, and electronic signature for that entity;

(B) The combination of user name, password, and electronic signature constitutes the electronic signature as required by section 3517.106(H) of the Revised Code of each campaign entity that files statements by electronic means of transmission.

(C) Automatic Issuance

(1) A county political party state candidate fund established pursuant to section 3517.10(D)(3)(c) of the Revised Code and any state political party Levin fund established pursuant to section 3517.1013 of the Revised Code shall be automatically assigned a user name,



password and electronic signature for that entity at the time the entity files a designation of appointment of treasurer form (form 30-D) with the secretary of state.

(2) A person who files a Notice of Intent to Make Electioneering Communication Disbursements (form 31-EC) with the secretary of state pursuant to section 3517.1011 of the Revised Code shall be automatically assigned a user name, password and electronic signature at that time.


111-6-02 Acknowledgement of statement filed by electronic means of transmission.

(A) Except as otherwise provided for in section (D) of this rule, a statement filed by electronic means of transmission pursuant to sections 3517.10, 3517.106, 3517.1011, 3517.1012 or 3517.1013 of the Revised Code shall be filed by either of the following methods:

(1) An on-line application linked to the secretary of state’s home page on the world wide web;

(2) An electronic mail message with a properly constructed and formatted data attachment sent to the secretary of state.

(B)(1) The secretary of state shall immediately acknowledge statements filed by the on-line application by notifying the filer when the statement submitted is successfully processed.

(2) The secretary of state shall immediately acknowledge statements filed by electronic mail message by sending to an e-mail address of the filing entity a notice when the date attachment is successfully processed.

(C) The secretary of state’s method of preserving all statements filed by electronic means of transmission is to store all such statements in a data base maintained by the secretary of state.

(D) All electioneering communication contribution and disbursement statements filed with the secretary of state pursuant to section 3517.1011 of the Revised Code shall be filed only using the on-line application as described in (A)(1) of this rule.


111-6-03 Provision of checks and receipts when filing by electronic means of transmission.

(A)Any entity that files a statement by electronic means of transmission pursuant to section 3517.10 or 3517.106 of the Revised Code shall also file on paper a copy of the canceled checks or paid receipts required by section 3517.10 of the Revised Code.

(B)(1)Prior to January 1, 2003, a campaign committee of a candidate for the office of member of the general assembly that files a campaign finance statement by electronic means of transmission with the secretary of state pursuant to section 3517.106 of the Revised Code shall also file a paper copy of the statement at the board of elections where the candidate is required to file petitions or other papers for nomination or election. The paper copy shall be filed or postmarked not later than the date the statement is required to be filed under section 3517.10 of the Revised Code.

(2)Any campaign committee of a candidate for the office of member of the general assembly that files a campaign finance statement by electronic means of transmission with the secretary of state shall, until January 1, 2003, submit on paper copies of canceled checks or paid receipts with the board of elections where the candidate is required to file petitions for nomination or election to office. On and after January 1, 2003, any campaign committee of a candidate for the office of member of the general assembly that files a campaign finance statement by electronic means of transmission with the secretary of state shall submit to the secretary of state paper



copies of canceled checks or paid receipts for each statement with the secretary of state.

R.C. 119.032 review dates: 12/26/2006Promulgated Under: 119.03Statutory Authority: RC 3517.23Rule Amplifies: RC 3517.10, 3517.106Prior Effective Dates: 1/1/02

111-6-04 Hardship rule.

(A) As used in this rule, “eligible campaign committee” means either of the following:

(1) The campaign committee of a candidate for statewide office that makes expenditures of less than twenty-five thousand dollars during a reporting period under division (A) of section 3517.10 of the Revised Code;

(2) The campaign committee of a candidate for the office of member of the general assembly or for the office of judge of a court of appeals that would otherwise be required to file campaign finance statements by electronic means of transmission under division (E) or (F) of section 3517.106 of the Revised Code.

(B) An eligible campaign committee may file a campaign finance statement for a reporting period under division (A) of section 3517.10 of the Revised Code by paper rather than by electronic means of transmission if both of the following occur:

(1) The candidate of the eligible campaign committee that intends to file a campaign finance statement by paper rather than by electronic means of transmission files with the secretary of state a notice indicating that the candidate’s campaign committee intends to file by paper and stating that filing the statement by electronic means of transmission would constitute a hardship for the candidate or for the eligible campaign committee;

(2) The following requirements shall be met in order to determine the fee structure for campaign committees filing the notice of hardship.

(a) The campaign finance statement is accompanied by a fee not to exceed the actual data entry and data verification costs incurred by the secretary of state to convert the information filed on paper to electronic format. The fee shall be determined using the formula set forth in this division, which results in a fee that does not exceed the secretary’s actual costs.

The number of entries on the report for contributions received shall be added to the number of entries on the report for expenditures made.

(Entries for loans and debts shall not be included.) The resulting number shall be multiplied by the cost per keystroke required to enter the data from the report into the secretary of state’s electronic filing system, as determined by the secretary of state pursuant to the contract with the secretary’s data entry vendor. The resulting number shall be multiplied by a number determined by the secretary of state that is less than the average number of keystrokes per entry required to enter and verify the data from the report into the secretary’s electronic filing system pursuant to the contract with the secretary’s data entry vendor.

(b) The current formula, which shall include an actual multiplier figure derived by the secretary of state pursuant to paragraph (B)(2)(a) of this rule to enable a committee to perform the calculations necessary to determine its fee, shall appear on the electronic filing notice of hardship form (form 31-DD) prescribed by the secretary of state.

(c) Whoever signs the campaign finance statement shall indicate on the statement’s cover page, form 30-A prescribed by the secretary of state, both the total number of contribution entries and the total number of expenditure entries reported in that statement.

(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 made available online by the secretary of state with respect to that paper filing and shall notify the secretary of state of any errors with respect to that filing that appear in the data made available on the secretary of state’s web site.

(D) Campaign finance statements filed on paper pursuant to division (L) of section 3517.106 of the Revised Code shall be filed by the filing deadlines required under division (A) of section 3517.10 of the Revised Code.

(E) Any campaign committee that submits paper campaign finance statements, pursuant to division (L) of section 3517.106 of the Revised Code, shall comply with the following provisions, as applicable.

(1) The candidate of an eligible campaign committee that intends to file a paper statement pursuant to division (L) of section 3517.106 of the Revised Code shall file a notice of hardship for each campaign finance statement that the committee intends to file by paper. A notice of 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.

(2) A campaign finance statement filed on paper pursuant to division (L) of section 3517.106 of the Revised Code is not timely filed if, by the filing deadline, either of the following occurs:

(a) The statement is not accompanied by the fee required by division (L) of section 3517.106 of the Revised Code and paragraph (B)(2) of this rule;

(b) The statement is not filed at the office of the secretary of state.

(3) Electronic filing notices of hardship shall be signed under penalty of election falsification.

Effective: 07/27/2006R.C. 119.032 review dates: 06/13/2010Promulgated Under: 119.03Statutory Authority: 3517.106(L), 3517.23Rule Amplifies: 3517.106(L)Prior Effective Dates: 6/13/05

111-7-01 Public notice of the adoption, amendment, or rescission of rules.

(A) The manner of giving public notice of the proposed adoption, amendment, or rescission of any rule of the secretary of state under Chapter 119. of the Revised Code shall consist of posting the notice in the register of Ohio at least thirty days prior to such hearing.

(B) The form of such notice shall consist of a statement of the secretary of state’s intention to consider adopting, amending, or rescinding a rule or set of rules, a synopsis of each proposed rule, amendment, or rule to be rescinded or a general statement of the subject matter to which the proposed rules relate, and the date, time, and place of the hearing on the proposed action.

R.C. 119.032 review dates: 12/26/2006Promulgated Under: 119.03Statutory Authority: RC 119.037Rule Amplifies: RC 119.03Prior Effective Dates: 1/24/77, 12/31/82, 01/01/06

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