Am. Sub. H. B. No. 1 As Passed by the Senate

Representatives DeWine, White

Senators Randy Gardner, Jacobson, Harris, Hottinger, Mumper

A BILL

To amend sections 102.03, 2921.01, 2921.43, 3501.38, 1
3503.14, 3513.07, 3513.10, 3513.261, 3517.01, 2
3517.08, 3517.082, 3517.09, 3517.092, 3517.10, 3
3517.102, 3517.103, 3517.104, 3517.105, 3517.106, 4
3517.108, 3517.109, 3517.11, 3517.13, 3517.151, 5
3517.152, 3517.154, 3517.155, 3517.16, 3517.17, 6
3517.20, 3517.23, 3517.992, and 3599.031, to enact 7
new section 3599.03 and sections 3501.381, 8
3517.1011, 3517.1012, 3517.1013, and 3599.111, and 9
to repeal section 3599.03 of the Revised Code to 10
revise the Campaign Finance Law. 11

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

       Section 1. That sections 102.03, 2921.01, 2921.43, 3501.38, 12
3503.14, 3513.07, 3513.10, 3513.261, 3517.01, 3517.08, 3517.082, 13
3517.09, 3517.092, 3517.10, 3517.102, 3517.103, 3517.104, 14
3517.105, 3517.106, 3517.108, 3517.109, 3517.11, 3517.13, 15
3517.151, 3517.152, 3517.154, 3517.155, 3517.16, 3517.17, 3517.20, 16
3517.23, 3517.992, and 3599.031 be amended and new section 3599.03 17
and sections 3501.381, 3517.1011, 3517.1012, 3517.1013, and 18
3599.111 of the Revised Code be enacted to read as follows: 19

       Sec. 102.03. (A)(1) No present or former public official or 20
employee shall, during public employment or service or for twelve 21
months thereafter, represent a client or act in a representative 22
capacity for any person on any matter in which the public official 23
or employee personally participated as a public official or 24
employee through decision, approval, disapproval, recommendation, 25
the rendering of advice, investigation, or other substantial 26
exercise of administrative discretion. 27

       (2) For twenty-four months after the conclusion of service, 28
no former commissioner or attorney examiner of the public 29
utilities commission shall represent a public utility, as defined 30
in section 4905.02 of the Revised Code, or act in a representative 31
capacity on behalf of such a utility before any state board, 32
commission, or agency. 33

       (3) For twenty-four months after the conclusion of employment 34
or service, no former public official or employee who personally 35
participated as a public official or employee through decision, 36
approval, disapproval, recommendation, the rendering of advice, 37
the development or adoption of solid waste management plans, 38
investigation, inspection, or other substantial exercise of 39
administrative discretion under Chapter 343. or 3734. of the 40
Revised Code shall represent a person who is the owner or operator 41
of a facility, as defined in section 3734.01 of the Revised Code, 42
or who is an applicant for a permit or license for a facility 43
under that chapter, on any matter in which the public official or 44
employee personally participated as a public official or employee. 45

       (4) For a period of one year after the conclusion of 46
employment or service as a member or employee of the general 47
assembly, no former member or employee of the general assembly 48
shall represent, or act in a representative capacity for, any 49
person on any matter before the general assembly, any committee of 50
the general assembly, or the controlling board. Division (A)(4) of 51
this section does not apply to or affect a person who separates 52
from service with the general assembly on or before December 31, 53
1995. As used in division (A)(4) of this section "person" does not 54
include any state agency or political subdivision of the state. 55

       (5) As used in divisions (A)(1), (2), and (3) of this 56
section, "matter" includes any case, proceeding, application, 57
determination, issue, or question, but does not include the 58
proposal, consideration, or enactment of statutes, rules, 59
ordinances, resolutions, or charter or constitutional amendments. 60
As used in division (A)(4) of this section, "matter" includes the 61
proposal, consideration, or enactment of statutes, resolutions, or 62
constitutional amendments. As used in division (A) of this 63
section, "represent" includes any formal or informal appearance 64
before, or any written or oral communication with, any public 65
agency on behalf of any person. 66

       (6) Nothing contained in division (A) of this section shall 67
prohibit, during such period, a former public official or employee 68
from being retained or employed to represent, assist, or act in a 69
representative capacity for the public agency by which the public 70
official or employee was employed or on which the public official 71
or employee served. 72

       (7) Division (A) of this section shall not be construed to 73
prohibit the performance of ministerial functions, including, but 74
not limited to, the filing or amendment of tax returns, 75
applications for permits and licenses, incorporation papers, and 76
other similar documents. 77

       (B) No present or former public official or employee shall 78
disclose or use, without appropriate authorization, any 79
information acquired by the public official or employee in the 80
course of the public official's or employee's official duties that 81
is confidential because of statutory provisions, or that has been 82
clearly designated to the public official or employee as 83
confidential when that confidential designation is warranted 84
because of the status of the proceedings or the circumstances 85
under which the information was received and preserving its 86
confidentiality is necessary to the proper conduct of government 87
business. 88

       (C) No public official or employee shall participate within 89
the scope of duties as a public official or employee, except 90
through ministerial functions as defined in division (A) of this 91
section, in any license or rate-making proceeding that directly 92
affects the license or rates of any person, partnership, trust, 93
business trust, corporation, or association in which the public 94
official or employee or immediate family owns or controls more 95
than five per cent. No public official or employee shall 96
participate within the scope of duties as a public official or 97
employee, except through ministerial functions as defined in 98
division (A) of this section, in any license or rate-making 99
proceeding that directly affects the license or rates of any 100
person to whom the public official or employee or immediate 101
family, or a partnership, trust, business trust, corporation, or 102
association of which the public official or employee or the public 103
official's or employee's immediate family owns or controls more 104
than five per cent, has sold goods or services totaling more than 105
one thousand dollars during the preceding year, unless the public 106
official or employee has filed a written statement acknowledging 107
that sale with the clerk or secretary of the public agency and the 108
statement is entered in any public record of the agency's 109
proceedings. This division shall not be construed to require the 110
disclosure of clients of attorneys or persons licensed under 111
section 4732.12 or 4732.15 of the Revised Code, or patients of 112
persons certified under section 4731.14 of the Revised Code. 113

       (D) No public official or employee shall use or authorize the 114
use of the authority or influence of office or employment to 115
secure anything of value or the promise or offer of anything of 116
value that is of such a character as to manifest a substantial and 117
improper influence upon the public official or employee with 118
respect to that person's duties. 119

       (E) No public official or employee shall solicit or accept 120
anything of value that is of such a character as to manifest a 121
substantial and improper influence upon the public official or 122
employee with respect to that person's duties. 123

       (F) No person shall promise or give to a public official or 124
employee anything of value that is of such a character as to 125
manifest a substantial and improper influence upon the public 126
official or employee with respect to that person's duties. 127

       (G) In the absence of bribery or another offense under the 128
Revised Code or a purpose to defraud, contributions made to a 129
campaign committee, political party, legislative campaign fund, or 130
political action committee~~, or political contributing entity~~ on 131
behalf of an elected public officer or other public official or 132
employee who seeks elective office shall be considered to accrue 133
ordinarily to the public official or employee for the purposes of 134
divisions (D), (E), and (F) of this section. 135

       As used in this division, "contributions," "campaign 136
committee," "political party," "legislative campaign fund," and 137
"political action committee," ~~and "political contributing entity"~~ 138
have the same meanings as in section 3517.01 of the Revised Code. 139

       (H)(1) No public official or employee, except for the 140
president or other chief administrative officer of or a member of 141
a board of trustees of a state institution of higher education as 142
defined in section 3345.011 of the Revised Code, who is required 143
to file a financial disclosure statement under section 102.02 of 144
the Revised Code shall solicit or accept, and no person shall give 145
to that public official or employee, an honorarium. Except as 146
provided in division (H)(2) of this section, this division and 147
divisions (D), (E), and (F) of this section do not prohibit a 148
public official or employee who is required to file a financial 149
disclosure statement under section 102.02 of the Revised Code from 150
accepting and do not prohibit a person from giving to that public 151
official or employee the payment of actual travel expenses, 152
including any expenses incurred in connection with the travel for 153
lodging, and meals, food, and beverages provided to the public 154
official or employee at a meeting at which the public official or 155
employee participates in a panel, seminar, or speaking engagement 156
or provided to the public official or employee at a meeting or 157
convention of a national organization to which any state agency, 158
including, but not limited to, any state legislative agency or 159
state institution of higher education as defined in section 160
3345.011 of the Revised Code, pays membership dues. Except as 161
provided in division (H)(2) of this section, this division and 162
divisions (D), (E), and (F) of this section do not prohibit a 163
public official or employee who is not required to file a 164
financial disclosure statement under section 102.02 of the Revised 165
Code from accepting and do not prohibit a person from promising or 166
giving to that public official or employee an honorarium or the 167
payment of travel, meal, and lodging expenses if the honorarium, 168
expenses, or both were paid in recognition of demonstrable 169
business, professional, or esthetic interests of the public 170
official or employee that exist apart from public office or 171
employment, including, but not limited to, such a demonstrable 172
interest in public speaking and were not paid by any person or 173
other entity, or by any representative or association of those 174
persons or entities, that is regulated by, doing business with, or 175
seeking to do business with the department, division, institution, 176
board, commission, authority, bureau, or other instrumentality of 177
the governmental entity with which the public official or employee 178
serves. 179

       (2) No person who is a member of the board of a state 180
retirement system, a state retirement system investment officer, 181
or an employee of a state retirement system whose position 182
involves substantial and material exercise of discretion in the 183
investment of retirement system funds shall solicit or accept, and 184
no person shall give to that board member, officer, or employee, 185
payment of actual travel expenses, including expenses incurred 186
with the travel for lodging, meals, food, and beverages. 187

       (I) A public official or employee may accept travel, meals, 188
and lodging or expenses or reimbursement of expenses for travel, 189
meals, and lodging in connection with conferences, seminars, and 190
similar events related to official duties if the travel, meals, 191
and lodging, expenses, or reimbursement is not of such a character 192
as to manifest a substantial and improper influence upon the 193
public official or employee with respect to that person's duties. 194
The house of representatives and senate, in their code of ethics, 195
and the Ohio ethics commission, under section 111.15 of the 196
Revised Code, may adopt rules setting standards and conditions for 197
the furnishing and acceptance of such travel, meals, and lodging, 198
expenses, or reimbursement. 199

       A person who acts in compliance with this division and any 200
applicable rules adopted under it, or any applicable, similar 201
rules adopted by the supreme court governing judicial officers and 202
employees, does not violate division (D), (E), or (F) of this 203
section. This division does not preclude any person from seeking 204
an advisory opinion from the appropriate ethics commission under 205
section 102.08 of the Revised Code. 206

       (J) For purposes of divisions (D), (E), and (F) of this 207
section, the membership of a public official or employee in an 208
organization shall not be considered, in and of itself, to be of 209
such a character as to manifest a substantial and improper 210
influence on the public official or employee with respect to that 211
person's duties. As used in this division, "organization" means a 212
church or a religious, benevolent, fraternal, or professional 213
organization that is tax exempt under subsection 501(a) and 214
described in subsection 501(c)(3), (4), (8), (10), or (19) of the 215
"Internal Revenue Code of 1986." This division does not apply to a 216
public official or employee who is an employee of an organization, 217
serves as a trustee, director, or officer of an organization, or 218
otherwise holds a fiduciary relationship with an organization. 219
This division does not allow a public official or employee who is 220
a member of an organization to participate, formally or 221
informally, in deliberations, discussions, or voting on a matter 222
or to use his official position with regard to the interests of 223
the organization on the matter if the public official or employee 224
has assumed a particular responsibility in the organization with 225
respect to the matter or if the matter would affect that person's 226
personal, pecuniary interests. 227

       (K) It is not a violation of this section for a prosecuting 228
attorney to appoint assistants and employees in accordance with 229
division (B) of section 309.06 and section 2921.421 of the Revised 230
Code, for a chief legal officer of a municipal corporation or an 231
official designated as prosecutor in a municipal corporation to 232
appoint assistants and employees in accordance with sections 233
733.621 and 2921.421 of the Revised Code, for a township law 234
director appointed under section 504.15 of the Revised Code to 235
appoint assistants and employees in accordance with sections 236
504.151 and 2921.421 of the Revised Code, or for a coroner to 237
appoint assistants and employees in accordance with division (B) 238
of section 313.05 of the Revised Code. 239

       As used in this division, "chief legal officer" has the same 240
meaning as in section 733.621 of the Revised Code. 241

       Sec. 2921.01. As used in sections 2921.01 to 2921.45 of the 242
Revised Code: 243

       (A) "Public official" means any elected or appointed officer, 244
or employee, or agent of the state or any political subdivision, 245
whether in a temporary or permanent capacity, and includes, but is 246
not limited to, legislators, judges, and law enforcement officers. 247

       (B) "Public servant" means any of the following: 248

       (1) Any public official; 249

       (2) Any person performing ad hoc a governmental function, 250
including, but not limited to, a juror, member of a temporary 251
commission, master, arbitrator, advisor, or consultant; 252

       (3) A person who is a candidate for public office, whether or 253
not the person is elected or appointed to the office for which the 254
person is a candidate. A person is a candidate for purposes of 255
this division if the person has been nominated according to law 256
for election or appointment to public office, or if the person has 257
filed a petition or petitions as required by law to have the 258
person's name placed on the ballot in a primary, general, or 259
special election, or if the person campaigns as a write-in 260
candidate in any primary, general, or special election. 261

       (C) "Party official" means any person who holds an elective 262
or appointive post in a political party in the United States or 263
this state, by virtue of which the person directs, conducts, or 264
participates in directing or conducting party affairs at any level 265
of responsibility. 266

       (D) "Official proceeding" means any proceeding before a 267
legislative, judicial, administrative, or other governmental 268
agency or official authorized to take evidence under oath, and 269
includes any proceeding before a referee, hearing examiner, 270
commissioner, notary, or other person taking testimony or a 271
deposition in connection with an official proceeding. 272

       (E) "Detention" means arrest; confinement in any vehicle 273
subsequent to an arrest; confinement in any public or private 274
facility for custody of persons charged with or convicted of crime 275
in this state or another state or under the laws of the United 276
States or alleged or found to be a delinquent child or unruly 277
child in this state or another state or under the laws of the 278
United States; hospitalization, institutionalization, or 279
confinement in any public or private facility that is ordered 280
pursuant to or under the authority of section 2945.37, 2945.371, 281
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised 282
Code; confinement in any vehicle for transportation to or from any 283
facility of any of those natures; detention for extradition or 284
deportation; except as provided in this division, supervision by 285
any employee of any facility of any of those natures that is 286
incidental to hospitalization, institutionalization, or 287
confinement in the facility but that occurs outside the facility; 288
supervision by an employee of the department of rehabilitation and 289
correction of a person on any type of release from a state 290
correctional institution; or confinement in any vehicle, airplane, 291
or place while being returned from outside of this state into this 292
state by a private person or entity pursuant to a contract entered 293
into under division (E) of section 311.29 of the Revised Code or 294
division (B) of section 5149.03 of the Revised Code. For a person 295
confined in a county jail who participates in a county jail 296
industry program pursuant to section 5147.30 of the Revised Code, 297
"detention" includes time spent at an assigned work site and going 298
to and from the work site. 299

       (F) "Detention facility" means any public or private place 300
used for the confinement of a person charged with or convicted of 301
any crime in this state or another state or under the laws of the 302
United States or alleged or found to be a delinquent child or 303
unruly child in this state or another state or under the laws of 304
the United States. 305

       (G) "Valuable thing or valuable benefit" includes, but is not 306
limited to, a contribution. This inclusion does not indicate or 307
imply that a contribution was not included in those terms before 308
September 17, 1986. 309

       (H) "Campaign committee," "contribution," "political action 310
committee," "legislative campaign fund," and "political party," 311
~~and "political contributing entity"~~ have the same meanings as in 312
section 3517.01 of the Revised Code. 313

       (I) "Provider agreement" and "medical assistance program" 314
have the same meanings as in section 2913.40 of the Revised Code. 315

       Sec. 2921.43. (A) No public servant shall knowingly solicit 316
or accept, and no person shall knowingly promise or give to a 317
public servant, either of the following: 318

       (1) Any compensation, other than as allowed by divisions (G), 319
(H), and (I) of section 102.03 of the Revised Code or other 320
provisions of law, to perform the public servant's official 321
duties, to perform any other act or service in the public 322
servant's public capacity, for the general performance of the 323
duties of the public servant's public office or public employment, 324
or as a supplement to the public servant's public compensation; 325

       (2) Additional or greater fees or costs than are allowed by 326
law to perform the public servant's official duties. 327

       (B) No public servant for the public servant's own personal 328
or business use, and no person for the person's own personal or 329
business use or for the personal or business use of a public 330
servant or party official, shall solicit or accept anything of 331
value in consideration of either of the following: 332

       (1) Appointing or securing, maintaining, or renewing the 333
appointment of any person to any public office, employment, or 334
agency; 335

       (2) Preferring, or maintaining the status of, any public 336
employee with respect to compensation, duties, placement, 337
location, promotion, or other material aspects of employment. 338

       (C) No person for the benefit of a political party, campaign 339
committee, legislative campaign fund, or political action 340
committee~~, or political contributing entity~~ shall coerce any 341
contribution in consideration of either of the following: 342

       (1) Appointing or securing, maintaining, or renewing the 343
appointment of any person to any public office, employment, or 344
agency; 345

       (2) Preferring, or maintaining the status of, any public 346
employee with respect to compensation, duties, placement, 347
location, promotion, or other material aspects of employment. 348

       (D) Whoever violates this section is guilty of soliciting 349
improper compensation, a misdemeanor of the first degree. 350

       (E) A public servant who is convicted of a violation of this 351
section is disqualified from holding any public office, 352
employment, or position of trust in this state for a period of 353
seven years from the date of conviction. 354

       (F) Divisions (A), (B), and (C) of this section do not 355
prohibit a person from making voluntary contributions to a 356
political party, campaign committee, legislative campaign fund, or 357
political action committee~~, or political contributing entity~~ or 358
prohibit a political party, campaign committee, legislative 359
campaign fund, or political action committee~~, or political~~ 360
~~contributing entity~~ from accepting voluntary contributions. 361

       Sec. 3501.38. All declarations of candidacy, nominating 362
petitions, or other petitions presented to or filed with the 363
secretary of state or a board of elections or with any other 364
public office for the purpose of becoming a candidate for any 365
nomination or office or for the holding of an election on any 366
issue shall, in addition to meeting the other specific 367
requirements prescribed in the sections of the Revised Code 368
relating to them, be governed by the following rules: 369

       (A) Only electors qualified to vote on the candidacy or issue 370
which is the subject of the petition shall sign a petition. Each 371
signer shall be a registered elector pursuant to section 3503.11 372
of the Revised Code. The facts of qualification shall be 373
determined as of the date when the petition is filed. 374

       (B) Signatures shall be affixed in ink. Each signer may also 375
print the signer's name, so as to clearly identify the signer's 376
signature. 377

       (C) Each signer shall place on the petition after the 378
signer's name the date of signing and the location of the signer's 379
voting residence, including the street and number if in a 380
municipal corporation or the rural route number, post office 381
address, or township if outside a municipal corporation. The 382
voting address given on the petition shall be the address 383
appearing in the registration records at the board of elections. 384

       (D) No person shall write any name other than the person's 385
own on any petition. No person may authorize another to sign for 386
the person. ~~Where~~If a petition contains the signature of an 387
elector two or more times, only the first signature shall be 388
counted. 389

       (E)(1) On each petition paper, the circulator shall indicate 390
the number of signatures contained on it, and shall sign a 391
statement made under penalty of election falsification that the 392
circulator witnessed the affixing of every signature, that all 393
signers were to the best of the circulator's knowledge and belief 394
qualified to sign, and that every signature is to the best of the 395
circulator's knowledge and belief the signature of the person 396
whose signature it purports to be. On the circulator's statement 397
for a declaration of candidacy, nominating petition, or 398
declaration of intent to be a write-in candidate for a person 399
seeking to become a statewide candidate or for a statewide 400
initiative or a statewide referendum petition, the circulator 401
shall identify the name and address of the person employing the 402
circulator to circulate the petition, if any. 403

       (2) As used in division (E) of this section, "statewide 404
candidate" means the joint candidates for the offices of governor 405
and lieutenant governor or a candidate for the office of secretary 406
of state, auditor of state, treasurer of state, or attorney 407
general. 408

       (F) If a circulator knowingly permits an unqualified person 409
to sign a petition paper or permits a person to write a name other 410
than the person's own on a petition paper, that petition paper is 411
invalid; otherwise, the signature of a person not qualified to 412
sign shall be rejected but shall not invalidate the other valid 413
signatures on the paper. 414

       (G) The circulator of a petition may, before filing it in a 415
public office, strike from it any signature the circulator does 416
not wish to present as a part of the petition. 417

       (H) Any signer of a petition may remove the signer's 418
signature from that petition at any time before the petition is 419
filed in a public office by striking the signer's name from the 420
petition; no signature may be removed after the petition is filed 421
in any public office. 422

       (I)(1) No alterations, corrections, or additions may be made 423
to a petition after it is filed in a public office. 424

       (2) No petition may be withdrawn after it is filed in a 425
public office. Nothing in this division prohibits a person from 426
withdrawing as a candidate as otherwise provided by law. 427

       (J) All declarations of candidacy, nominating petitions, or 428
other petitions under this section shall be accompanied by the 429
following statement in boldface capital letters: WHOEVER COMMITS 430
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE. 431

       (K) All separate petition papers shall be filed at the same 432
time, as one instrument. 433

       (L) If a board of elections distributes for use a petition 434
form for a declaration of candidacy, nominating petition, 435
declaration of intent to be a write-in candidate, or any type of 436
question or issue petition that does not satisfy the requirements 437
of law as of the date of that distribution, the board shall not 438
invalidate the petition on the basis that the petition form does 439
not satisfy the requirements of law, if the petition otherwise is 440
valid. Division (L) of this section applies only if the candidate 441
received the petition from the board within ninety days of when 442
the petition is required to be filed. 443

       Sec. 3501.381. (A)(1) Any person who will receive 444
compensation for supervising, managing, or otherwise organizing 445
any effort to obtain signatures for a declaration of candidacy, 446
nominating petition, or declaration of intent to be a write-in 447
candidate for a person seeking to become a statewide candidate or 448
for a statewide initiative petition or a statewide referendum 449
petition shall file a statement to that effect with the office of 450
the secretary of state before any signatures are obtained for the 451
petition or before the person is engaged to supervise, manage, or 452
otherwise organize the effort to obtain signatures for the 453
petition, whichever is later. 454

       (2) Any person who will compensate a person for supervising, 455
managing, or otherwise organizing any effort to obtain signatures 456
for a declaration of candidacy, nominating petition, or 457
declaration of intent to be a write-in candidate for a person 458
seeking to become a statewide candidate or for a statewide 459
initiative or a statewide referendum petition shall file a 460
statement to that effect with the office of the secretary of state 461
before any signatures are obtained for the petition or before the 462
person engages a person to supervise, manage, or otherwise 463
organize the effort to obtain signatures for the petition, 464
whichever is later. 465

       (B) The secretary of state shall prescribe the form and 466
content of the statements required under division (A) of this 467
section. 468

       (C) Whoever violates division (A) of this section is guilty 469
of a misdemeanor of the first degree, and the petition for which a 470
person was compensated for supervising, managing, or otherwise 471
organizing the effort to obtain signatures shall be deemed 472
invalid. 473

       (D) As used in this section, "statewide candidate" means the 474
joint candidates for the offices of governor and lieutenant 475
governor or a candidate for the office of secretary of state, 476
auditor of state, treasurer of state, or attorney general. 477

       Sec. 3503.14. (A) The secretary of state shall prescribe the 478
form and content of the registration and change of residence and 479
change of name form used in this state. The form shall set forth 480
the eligibility requirements needed to qualify as an elector and 481
meet the requirements of the National Voter Registration Act of 482
1993. The form shall include a space on which the person 483
registering an applicant shall sign the person's name and a space 484
on which the person registering an applicant shall name the 485
employer who is employing that person to register the applicant. 486
No election official or employee of a designated agency who is 487
registering an applicant shall be required to sign the election 488
official's or employee's name or to name the employer who is 489
employing the election official or employee to register an 490
applicant on a form prepared under this section. 491

       (B) Any applicant who is unable to sign ~~his~~the applicant's 492
own name shall make an "X," if possible, which shall be certified 493
by the signing of the name of the applicant by the person filling 494
out the ~~registration~~ form, who shall add ~~his~~the person's own 495
signature. If an applicant is unable to make an "X," hethe 496
applicant shall indicate in some manner that hethe applicant 497
desires to register to vote or to change ~~his~~the applicant's name 498
or residence. The person registering ~~such an~~the applicant shall 499
sign the form and attest that the applicant indicated that hethe 500
applicant desired to register to vote or to change ~~his~~the 501
applicant's name or residence. 502

       (C) No registration and change of residence and change of 503
name form shall be rejected solely on the basis that a person 504
registering an applicant failed to sign the person's name or 505
failed to name the employer who is employing that person to 506
register the applicant as required under division (A) of this 507
section. 508

       (D) As used in this section, "registering an applicant" 509
includes any effort, for compensation, to provide voter 510
registration forms or to assist persons in completing those forms 511
or returning them to the board of elections, the office of the 512
secretary of state, or another appropriate public office. 513

       Sec. 3513.07. The form of declaration of candidacy and 514
petition of a person desiring to be a candidate for a party 515
nomination or a candidate for election to an office or position to 516
be voted for at a primary election shall be substantially as 517
follows: 518

"DECLARATION OF CANDIDACY PARTY PRIMARY ELECTION 519

       I, ........................... (Name of Candidate), the 520
undersigned, hereby declare under penalty of election 521
falsification that my voting residence is in ............... 522
precinct of the ............................. (Township) or (Ward 523
and City or Village) in the county of ................, Ohio; that 524
my voting residence is ............... (Street and Number, if any, 525
or Rural Route and Number) of the ............................. 526
(City or Village) of ................., Ohio; and that I am a 527
qualified elector in the precinct in which my voting residence is 528
located. I am a member of the ........ Party. I hereby declare 529
that I desire to be .................... (a candidate for 530
nomination as a candidate of the Party for election to the office 531
of .............) (a candidate for election to the office or 532
position of ..............) for the ............ in the state, 533
district, (Full term or unexpired term ending ...............) 534
county, city, or village of ..................., at the primary 535
election to be held on the ............. day of ........., ...., 536
and I hereby request that my name be printed upon the official 537
primary election ballot of the said .......... Party as a 538
candidate for ......... (such nomination) or (such election) as 539
provided by law. 540

       I further declare that, if elected to said office or 541
position, I will qualify therefor, and that I will support and 542
abide by the principles enunciated by the ............ Party. 543

       Dated this .......... day of ................., ......... 544

............................. 545

(Signature of candidate) 546

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 547
OF THE FIFTH DEGREE. 548

PETITION OF CANDIDATE 549

       We, the undersigned, qualified electors of the state of Ohio, 550
whose voting residence is in the county, city, village, ward, 551
township, or school district, and precinct set opposite our names, 552
and members of the ....................................... Party, 553
hereby certify that ............................ (Name of 554
candidate) whose declaration of candidacy is filed herewith, is a 555
member of the ............ Party, and is, in our opinion, well 556
qualified to perform the duties of the office or position to which 557
that candidate desires to be elected. 558

Street City, 559

and Village or 560

Signature Number Township Ward Precinct County Date 561

(Must use address on file with the board of elections) 562

.................................................................... 563

.................................................................... 564

.................................................................... 565

       ....................................... (Name of circulator 566
of petition), declares under penalty of election falsification 567
that the circulator of the petition is a qualified elector of the 568
state of Ohio and resides at the address appearing below the 569
signature of that circulator; that the circulator is a member of 570
the ........... Party; that the circulator is the circulator of 571
the foregoing petition paper containing ............. (Number) 572
signatures; that the circulator witnessed the affixing of every 573
signature; that all signers were to the best of the circulator's 574
knowledge and belief qualified to sign; and that every signature 575
is to the best of the circulator's knowledge and belief the 576
signature of the person whose signature it purports to be. 577

578

(Signature of circulator) 579

580

(Address of circulator) 581
582
(If petition is for a statewide 583
candidate, the name and address 584
of person employing 585
circulator to circulate 586
petition, if any) 587

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 588
OF THE FIFTH DEGREE." 589

       The secretary of state shall prescribe a form of declaration 590
of candidacy and petition, and the form shall be substantially 591
similar to the declaration of candidacy and petition set forth in 592
this section, that will be suitable for joint candidates for the 593
offices of governor and lieutenant governor. 594

       The petition provided for in this section shall be circulated 595
only by a member of the same political party as the candidate. 596

       Sec. 3513.10. (A) At the time of filing a declaration of 597
candidacy for nomination for any office, or a declaration of 598
intent to be a write-in candidate, each candidate, except joint 599
candidates for governor and lieutenant governor, shall pay a fee 600
as follows: 601

For statewide office $100 602

For court of appeals judge $ 50 603

For court of common pleas judge $ 50 604

For county court judge $ 50 605

For municipal court judge $ 50 606

For district office, including member 607
of the United States house of 608
representatives and member of the 609
general assembly $ 50 610

For county office $ 50 611

For city office $ 20 612

For village office $ 10 613

For township office $ 10 614

For member of state board of education $ 20 615

For member of local, city, or 616
exempted village board of education 617
or educational service center 618
governing board $ 10 619

       At the time of filing a declaration of candidacy or a 620
declaration of intent to be a write-in candidate for the offices 621
of governor and lieutenant governor, the joint candidates shall 622
jointly pay to the secretary of state a fee of one hundred 623
dollars. 624

       (B)(1) At the same time the fee required under division (A) 625
of this section is paid, each candidate shall pay an additional 626
fee as follows: 627

For the joint candidates for governor 628
and lieutenant governor $ 50 629

For statewide office $ 50 630

For district office, including member 631

of the United States house of 632
representatives and member of the 633

general assembly $ 35 634
For member of state board of education $ 35 635

For court of appeals judge $ 30 636
For court of common pleas judge $ 30 637
For county court judge $ 30 638
For municipal court judge $ 30 639
For county office $ 30 640
For city office $ 25 641
For village office $ 20 642

For township office $ 20 643

For member of local, city, ~~county,~~ 644

or exempted village board of education 645

or educational service center 646

governing board $ 20 647

       (2) Whoever seeks to propose a ballot question or issue to be 648
submitted to the electors shall pay the following fee at the time 649
the petition proposing the question or issue is filed: 650

       (a) If the question or issue is to be submitted to the 651
electors throughout the entire state, twenty-five dollars; 652

       (b) If the question or issue is to be submitted to the 653
electors of a county or of a district that consists of all or part 654
of two or more counties but less than the entire state, fifteen 655
dollars; 656

       (c) If the question or issue is to be submitted to the 657
electors of a city, twelve dollars and fifty cents; 658

       (d) If the question or issue is to be submitted to the 659
electors of a village, a township, a local, city, county, or 660
exempted village school district, a precinct, or another district 661
consisting of less than an entire county, ten dollars. 662

       (C) No fee shall be required of candidates filing for the 663
office of delegate or alternate to the national convention of 664
political parties, member of the state central committee of a 665
political party, or member of the county central committee of a 666
political party. 667

       (D) All fees required under division (A) of this section 668
immediately shall be paid by the officer receiving them into the 669
state treasury to the credit of the general revenue fund, in the 670
case of fees received by the secretary of state, and into the 671
county treasury to the credit of the county general fund, in the 672
case of fees received by a board of elections. 673

       (E) The officer who receives a fee required under division 674
(B) of this section immediately shall pay the fee to the credit of 675
the Ohio elections commission fund~~, which is hereby~~ created ~~in the~~ 676
~~state treasury. All moneys credited to the fund shall be used~~ 677
~~solely for the purpose of paying expenses related to the operation~~ 678
~~of the Ohio elections commission~~by division (I) of section 679
3517.152 of the Revised Code. 680

       (F)(1) In no case shall a fee paid under this section be 681
returned to a candidate. 682

       (2) Whenever a section of law refers to a filing fee to be 683
paid by a candidate or by a committee proposing a ballot question 684
or issue to be submitted to the electors, that fee includes the 685
fees required under divisions (A) and (B) of this section. 686

       (G) As used in divisions (A) and (B) of this section, 687
"statewide office" means the office of secretary of state, auditor 688
of state, treasurer of state, attorney general, justice and chief 689
justice of the supreme court, and member of the United States 690
senate. 691

       Sec. 3513.261. A nominating petition may consist of one or 692
more separate petition papers, each of which shall be 693
substantially in the form prescribed in this section. If the 694
petition consists of more than one separate petition paper, the 695
statement of candidacy of the candidate or joint candidates named 696
need be signed by the candidate or joint candidates on only one of 697
such separate petition papers, but the statement of candidacy so 698
signed shall be copied on each other separate petition paper 699
before the signatures of electors are placed on it. Each 700
nominating petition containing signatures of electors of more than 701
one county shall consist of separate petition papers each of which 702
shall contain signatures of electors of only one county; provided 703
that petitions containing signatures of electors of more than one 704
county shall not thereby be declared invalid. In case petitions 705
containing signatures of electors of more than one county are 706
filed, the board of elections shall determine the county from 707
which the majority of the signatures came, and only signatures 708
from this county shall be counted. Signatures from any other 709
county shall be invalid. 710

       All signatures on nominating petitions shall be written in 711
ink or indelible pencil. 712

       At the time of filing a nominating petition, the candidate 713
designated in the nominating petition, and joint candidates for 714
governor and lieutenant governor, shall pay to the election 715
officials with whom it is filed the fees specified for the office 716
under divisions (A) and (B) of section 3513.10 of the Revised 717
Code. The fees shall be disposed of by those election officials in 718
the manner that is provided in section 3513.10 of the Revised Code 719
for the disposition of other fees, and in no case shall a fee 720
required under that section be returned to a candidate. 721

       Candidates or joint candidates whose names are written on the 722
ballot, and who are elected, shall pay the same fees under section 723
3513.10 of the Revised Code that candidates who file nominating 724
petitions pay. Payment of these fees shall be a condition 725
precedent to the granting of their certificates of election. 726

       Each nominating petition shall contain a statement of 727
candidacy that shall be signed by the candidate or joint 728
candidates named in it. Such statement of candidacy shall contain 729
a declaration made under penalty of election falsification that 730
the candidate desires to be a candidate for the office named in 731
it, and that the candidate is an elector qualified to vote for the 732
office the candidate seeks. 733

       The form of the nominating petition and statement of 734
candidacy shall be substantially as follows: 735

"STATEMENT OF CANDIDACY 736

       I, ................................... (Name of candidate), 737
the undersigned, hereby declare under penalty of election 738
falsification that my voting residence is in ................ 739
.......... Precinct of the ......................... (Township) or 740
(Ward and City, or Village) in the county of ............... Ohio; 741
that my post-office address is ............................ 742
(Street and Number, if any, or Rural Route and Number) of the 743
............................... (City, Village, or post office) of 744
...................., Ohio; and that I am a qualified elector in 745
the precinct in which my voting residence is located. I hereby 746
declare that I desire to be a candidate for election to the office 747
of .............. in the ........................ (State, 748
District, County, City, Village, Township, or School District) for 749
the ...................................... (Full term or unexpired 750
term ending ................) at the General Election to be held 751
on the ........... day of ..............., .... 752

       I further declare that I am an elector qualified to vote for 753
the office I seek. Dated this ....... day of .............., .... 754

755

(Signature of candidate) 756

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 757
OF THE FIFTH DEGREE. 758

       I, ................................., hereby constitute the 759
persons named below a committee to represent me: 760

Name Residence 761
762
763
764
765
766

NOMINATING PETITION 767

       We, the undersigned, qualified electors of the state of Ohio, 768
whose voting residence is in the County, City, Village, Ward, 769
Township or Precinct set opposite our names, hereby nominate 770
.................... as a candidate for election to the office of 771
........................... in the ............................ 772
(State, District, County, City, Village, Township, or School 773
District) for the ................. (Full term or unexpired term 774
ending ...................) to be voted for at the general 775
election next hereafter to be held, and certify that this person 776
is, in our opinion, well qualified to perform the duties of the 777
office or position to which the person desires to be elected. 778

779
Street 780
Address 781
or R.F.D. 782
(Must use 783
address on City, 784
file with Village 785
the board of or Date of 786
Signature elections) Township Ward Precinct County Signing 787
788
789
790
791

..........................., declares under penalty of election 792
falsification that such person is a qualified elector of the state 793
of Ohio and resides at the address appearing below such person's 794
signature hereto; that such person is the circulator of the 795
foregoing petition paper containing ................ signatures; 796
that such person witnessed the affixing of every signature; that 797
all signers were to the best of such person's knowledge and belief 798
qualified to sign; and that every signature is to the best of such 799
person's knowledge and belief the signature of the person whose 800
signature it purports to be. 801

802

(Signature of circulator) 803

804

(Address) 805
806
(If petition is for a statewide 807
candidate, the name and address 808
of person employing circulator 809
to circulate petition, if any) 810

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 811
OF THE FIFTH DEGREE." 812

       The secretary of state shall prescribe a form of nominating 813
petition for a group of candidates for the office of member of a 814
board of education, township office, and offices of municipal 815
corporations of under two thousand population. 816

       The secretary of state shall prescribe a form of statement of 817
candidacy and nominating petition, which shall be substantially 818
similar to the form of statement of candidacy and nominating 819
petition set forth in this section, that will be suitable for 820
joint candidates for the offices of governor and lieutenant 821
governor. 822

       If such petition nominates a candidate whose election is to 823
be determined by the electors of a county or a district or 824
subdivision within the county, it shall be filed with the board of 825
such county. If the petition nominates a candidate whose election 826
is to be determined by the voters of a subdivision located in more 827
than one county, it shall be filed with the board of the county in 828
which the major portion of the population of such subdivision is 829
located. 830

       If the petition nominates a candidate whose election is to be 831
determined by the electors of a district comprised of more than 832
one county but less than all of the counties of the state, it 833
shall be filed with the board of elections of the most populous 834
county in such district. If the petition nominates a candidate 835
whose election is to be determined by the electors of the state at 836
large, it shall be filed with the secretary of state. 837

       The secretary of state or a board of elections shall not 838
accept for filing a nominating petition of a person seeking to 839
become a candidate if that person, for the same election, has 840
already filed a declaration of candidacy, a declaration of intent 841
to be a write-in candidate, or a nominating petition, or has 842
become a candidate through party nomination at a primary election 843
or by the filling of a vacancy under section 3513.30 or 3513.31 of 844
the Revised Code for any state or county office, if the nominating 845
petition is for a state or county office, or for any municipal or 846
township office, for member of a city, local, or exempted village 847
board of education, or for member of a governing board of an 848
educational service center, if the nominating petition is for a 849
municipal or township office, or for member of a city, local, or 850
exempted village board of education, or for member of a governing 851
board of an educational service center. 852

       Sec. 3517.01. (A)(1) A political party within the meaning of 853
Title XXXV of the Revised Code is any group of voters that, at the 854
most recent regular state election, polled for its candidate for 855
governor in the state or nominees for presidential electors at 856
least five per cent of the entire vote cast for that office or 857
that filed with the secretary of state, subsequent to any election 858
in which it received less than five per cent of that vote, a 859
petition signed by qualified electors equal in number to at least 860
one per cent of the total vote for governor or nominees for 861
presidential electors at the most recent election, declaring their 862
intention of organizing a political party, the name of which shall 863
be stated in the declaration, and of participating in the 864
succeeding primary election, held in even-numbered years, that 865
occurs more than one hundred twenty days after the date of filing. 866
No such group of electors shall assume a name or designation that 867
is similar, in the opinion of the secretary of state, to that of 868
an existing political party as to confuse or mislead the voters at 869
an election. If any political party fails to cast five per cent of 870
the total vote cast at an election for the office of governor or 871
president, it shall cease to be a political party. 872

       (2) A campaign committee shall be legally liable for any 873
debts, contracts, or expenditures incurred or executed in its 874
name. 875

       (B) Notwithstanding the definitions found in section 3501.01 876
of the Revised Code, as used in this section,and sections 3517.08 877
to 3517.14, ~~and section~~ 3517.99, and 3517.992 of the Revised Code: 878

       (1) "Campaign committee" means an entity that is formed by a 879
candidate or a combination of two or more persons authorized by a 880
candidate under section 3517.081 of the Revised Code to receive 881
contributions and make expenditures and that is legally liable for 882
any debts, contracts, or expenditures incurred or executed in its 883
name. 884

       (2) "Campaign treasurer" means an individual appointed by a 885
candidate under section 3517.081 of the Revised Code. 886

       (3) "Candidate" has the same meaning as in division (H) of 887
section 3501.01 of the Revised Code and also includes any person 888
who, at any time before or after an election, receives 889
contributions or makes expenditures or other use of contributions, 890
has given consent for another to receive contributions or make 891
expenditures or other use of contributions, or appoints a campaign 892
treasurer, for the purpose of bringing about the person's 893
nomination or election to public office. When two persons jointly 894
seek the offices of governor and lieutenant governor, "candidate" 895
means the pair of candidates jointly. "Candidate" does not include 896
candidates for election to the offices of member of a county or 897
state central committee, presidential elector, and delegate to a 898
national convention or conference of a political party. 899

       (4) "Continuing association" means an association, other than 900
a campaign committee, political party, legislative campaign fund, 901
~~political contributing entity,~~ or labor organization, that is 902
intended to be a permanent organization that has a primary purpose 903
other than supporting or opposing specific candidates, political 904
parties, or ballot issues, and that functions on a regular basis 905
throughout the year. "Continuing association" includes 906
organizations that are determined to be not organized for profit 907
under subsection 501 and that are described in subsection 908
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code. 909

       (5) "Contribution" means a loan, gift, deposit, forgiveness 910
of indebtedness, donation, advance, payment, or transfer of funds 911
or ~~transfer of~~ anything of value, including a transfer of funds 912
from an inter vivos or testamentary trust or decedent's estate, 913
and the payment by any person other than the person to whom the 914
services are rendered for the personal services of another person, 915
which contribution is made, received, or used for the purpose of 916
influencing the results of an election. ~~"Contribution"~~Any loan, 917
gift, deposit, forgiveness of indebtedness, donation, advance, 918
payment, or transfer of funds or of anything of value, including a 919
transfer of funds from an inter vivos or testamentary trust or 920
decedent's estate, and the payment by any campaign committee, 921
political action committee, legislative campaign fund, political 922
party, or person other than the person to whom the services are 923
rendered for the personal services of another person, that is 924
made, received, or used by a state or county political party, 925
other than moneys a state or county political party receives from 926
the Ohio political party fund pursuant to section 3517.17 of the 927
Revised Code and the moneys a state or county political party may 928
receive under sections 3517.101, 3517.1012, and 3517.1013 of the 929
Revised Code, shall be considered to be a "contribution" for the 930
purpose of section 3517.10 of the Revised Code and shall be 931
included on a statement of contributions filed under that section. 932

       "Contribution" does not include any of the following: 933

       (a) Services provided without compensation by individuals 934
volunteering a portion or all of their time on behalf of a person; 935

       (b) Ordinary home hospitality; 936

       (c) The personal expenses of a volunteer paid for by that 937
volunteer campaign worker; 938

       (d) Any gift given to a state or county political party 939
pursuant to section 3517.101 of the Revised Code. As used in 940
division (B)(5)(d) of this section, "political party" means only a 941
major political party; 942

       (e) Any contribution as defined in section 3517.1011 of the 943
Revised Code that is made, received, or used to pay the direct 944
costs of producing or airing an electioneering communication; 945

       (f) Any gift given to a state or county political party for 946
the party's restricted fund under division (A)(2) of section 947
3517.1012 of the Revised Code; 948

       (g) Any gift given to a state political party for deposit in 949
a levin account pursuant to section 3517.1013 of the Revised Code. 950
As used in this division, "levin account" has the same meaning as 951
in that section. 952

       (6) "Expenditure" means the disbursement or use of a 953
contribution for the purpose of influencing the results of an 954
election or of making a charitable donation under division (G) of 955
section 3517.08 of the Revised Code. Any disbursement or use of a 956
contribution by a state or county political party is an 957
expenditure and shall be considered either to be made for the 958
purpose of influencing the results of an election or to be made as 959
a charitable donation under division (G) of section 3517.08 of the 960
Revised Code and shall be reported on a statement of expenditures 961
filed under section 3517.10 of the Revised Code. During the thirty 962
days preceding a primary or general election, any disbursement to 963
pay the direct costs of producing or airing a broadcast, cable, or 964
satellite communication that refers to a clearly identified 965
candidate shall be considered to be made for the purpose of 966
influencing the results of that election and shall be reported as 967
an expenditure or as an independent expenditure under section 968
3517.10 or 3517.105 of the Revised Code, as applicable, except 969
that the information required to be reported regarding 970
contributors for those expenditures or independent expenditures 971
shall be the same as the information required to be reported under 972
division (D)(1) and (2) of section 3517.1011 of the Revised Code. 973

       As used in this division, "broadcast, cable, or satellite 974
communication" and "refers to a clearly identified candidate" have 975
the same meanings as in section 3517.1011 of the Revised Code. 976

       (7) "Personal expenses" includes, but is not limited to, 977
ordinary expenses for accommodations, clothing, food, personal 978
motor vehicle or airplane, and home telephone. 979

       (8) "Political action committee" means a combination of two 980
or more persons, the primary or ~~incidental~~major purpose of which 981
is to support or oppose any candidate, political party, or issue, 982
or to influence the result of any election through express 983
advocacy, and that is not a political party, a campaign committee, 984
~~a political contributing entity,~~ or a legislative campaign fund. 985
"Political action committee" does not include a continuing 986
association that makes disbursements for the direct costs of 987
producing or airing electioneering communications and that does 988
not engage in express advocacy. 989

       (9) "Public office" means any state, county, municipal, 990
township, ~~and~~or district office, except an office of a political 991
party, that is filled by an election and the offices of United 992
States senator and ~~congressman~~representative. 993

       (10) "Anything of value" has the same meaning as in section 994
1.03 of the Revised Code. 995

       (11) "Beneficiary of a campaign fund" means a candidate, a 996
public official or employee for whose benefit a campaign fund 997
exists, and any other person who has ever been a candidate or 998
public official or employee and for whose benefit a campaign fund 999
exists. 1000

       (12) "Campaign fund" means money or other property, including 1001
contributions. 1002

       (13) "Public official or employee" has the same meaning as in 1003
section 102.01 of the Revised Code. 1004

       (14) "Caucus" means all of the members of the house of 1005
representatives or all of the members of the senate of the general 1006
assembly who are members of the same political party. 1007

       (15) "Legislative campaign fund" means a fund that is 1008
established as an auxiliary of a state political party and 1009
associated with one of the houses of the general assembly. 1010

       (16) "In-kind contribution" means anything of value other 1011
than money that is used to influence the results of an election or 1012
is transferred to or used in support of or in opposition to a 1013
candidate, campaign committee, legislative campaign fund, 1014
political party, or political action committee~~, or political~~ 1015
~~contributing entity~~ and that is made with the consent of, in 1016
coordination, cooperation, or consultation with, or at the request 1017
or suggestion of the benefited candidate, committee, fund, or 1018
party~~, or entity~~. The financing of the dissemination, 1019
distribution, or republication, in whole or part, of any broadcast 1020
or of any written, graphic, or other form of campaign materials 1021
prepared by the candidate, the candidate's campaign committee, or 1022
their authorized agents is an in-kind contribution to the 1023
candidate and an expenditure by the candidate. 1024

       (17) "Independent expenditure" means an expenditure by a 1025
person advocating the election or defeat of an identified 1026
candidate or candidates, that is not made with the consent of, in 1027
coordination, cooperation, or consultation with, or at the request 1028
or suggestion of any candidate or candidates or of the campaign 1029
committee or agent of the candidate or candidates. As used in 1030
division (B)(17) of this section: 1031

       (a) "Person" means an individual, partnership, unincorporated 1032
business organization or association, political action committee, 1033
~~political contributing entity,~~ separate segregated fund, 1034
association, or ~~any~~ other organization or group of persons, but 1035
not a labor organization or a corporation ~~unless the labor~~ 1036
~~organization or corporation is a political contributing entity~~. 1037

       (b) "Advocating" means any communication containing a message 1038
advocating election or defeat. 1039

       (c) "Identified candidate" means that the name of the 1040
candidate appears, a photograph or drawing of the candidate 1041
appears, or the identity of the candidate is otherwise apparent by 1042
unambiguous reference. 1043

       (d) "Made in coordination, cooperation, or consultation with, 1044
or at the request or suggestion of, any candidate or the campaign 1045
committee or agent of the candidate" means made pursuant to any 1046
arrangement, coordination, or direction by the candidate, the 1047
candidate's campaign committee, or the candidate's agent prior to 1048
the publication, distribution, display, or broadcast of the 1049
communication. An expenditure is presumed to be so made when it is 1050
any of the following: 1051

       (i) Based on information about the candidate's plans, 1052
projects, or needs provided to the person making the expenditure 1053
by the candidate, or by the candidate's campaign committee or 1054
agent, with a view toward having an expenditure made; 1055

       (ii) Made by or through any person who is, or has been, 1056
authorized to raise or expend funds, who is, or has been, an 1057
officer of the candidate's campaign committee, or who is, or has 1058
been, receiving any form of compensation or reimbursement from the 1059
candidate or the candidate's campaign committee or agent; 1060

       (iii) ~~Made~~Except as otherwise provided in division (D) of 1061
section 3517.105 of the Revised Code, made by a political party in 1062
support of a candidate, unless the expenditure is made by a 1063
political party to conduct voter registration or voter education 1064
efforts. 1065

       (e) "Agent" means any person who has actual oral or written 1066
authority, either express or implied, to make or to authorize the 1067
making of expenditures on behalf of a candidate, or means any 1068
person who has been placed in a position with the candidate's 1069
campaign committee or organization such that it would reasonably 1070
appear that in the ordinary course of campaign-related activities 1071
the person may authorize expenditures. 1072

       (18) "Labor organization" means a labor union; an employee 1073
organization; a federation of labor unions, groups, locals, or 1074
other employee organizations; an auxiliary of a labor union, 1075
employee organization, or federation of labor unions, groups, 1076
locals, or other employee organizations; or any other bona fide 1077
organization in which employees participate and that exists for 1078
the purpose, in whole or in part, of dealing with employers 1079
concerning grievances, labor disputes, wages, hours, and other 1080
terms and conditions of employment. 1081

       (19) "Separate segregated fund" means a separate segregated 1082
fund established pursuant to the Federal Election Campaign Act. 1083

       (20) "Federal Election Campaign Act" means the "Federal 1084
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et 1085
seq., as amended. 1086

       (21) ~~"Political contributing entity" means any entity,~~ 1087
~~including a corporation or labor organization, that may lawfully~~ 1088
~~make contributions and expenditures and that is not an individual~~ 1089
~~or a political action committee, continuing association, campaign~~ 1090
~~committee, political party, legislative campaign fund, designated~~ 1091
~~state campaign committee, or state candidate fund. For purposes of~~ 1092
~~division (B)(21) of this section, "lawfully" means not prohibited~~ 1093
~~by any section of the Revised Code, or authorized by a final~~ 1094
~~judgment of a court of competent jurisdiction.~~"Restricted fund" 1095
means the fund a state or county political party must establish 1096
under division (A)(1) of section 3517.1012 of the Revised Code. 1097

       (22) "Electioneering communication" has the same meaning as 1098
in section 3517.1011 of the Revised Code. 1099

       (23) "Express advocacy" means a communication that contains 1100
express words advocating the nomination, election, or defeat of a 1101
candidate or that contains express words advocating the adoption 1102
or defeat of a question or issue, as determined by a final 1103
judgment of a court of competent jurisdiction. 1104

       (24) "Political committee" has the same meaning as in section 1105
3517.1011 of the Revised Code. 1106

       Sec. 3517.08. (A) The personal expenses of a candidate paid 1107
for by the candidate, from the candidate's personal funds, shall 1108
not be considered as a contribution by or an expenditure by the 1109
candidate and shall not be reported under section 3517.10 of the 1110
Revised Code. 1111

       (B)(1) An expenditure by a political action committee ~~or a~~ 1112
~~political contributing entity~~ shall not be considered a 1113
contribution by the political action committee ~~or the political~~ 1114
~~contributing entity~~ or an expenditure by or on behalf of the 1115
candidate if the purpose of the expenditure is to inform only its 1116
members by means of mailed publications of its activities or 1117
endorsements. 1118

       (2) An expenditure by a political party shall not be 1119
considered a contribution by the political party or an expenditure 1120
by or on behalf of the candidate if the purpose of the expenditure 1121
is to inform predominantly the party's members by means of mailed 1122
publications or other direct communication of its activities or 1123
endorsements, or for voter contact such as sample ballots, absent 1124
voter's ballots application mailings, voter registration, or 1125
get-out-the-vote activities. 1126

       (C) An expenditure by a continuing association~~, political~~ 1127
~~contributing entity,~~ or political party shall not be considered a 1128
contribution to any campaign committee or an expenditure by or on 1129
behalf of any campaign committee if the purpose of the expenditure 1130
is for the staff and maintenance of the continuing association's, 1131
~~political contributing entity's,~~ or political party's 1132
headquarters, or for a political poll, survey, index, or other 1133
type of measurement not on behalf of a specific candidate. 1134

       (D) The expenses of maintaining a constituent office paid 1135
for, from the candidate's personal funds, by a candidate who is a 1136
member of the general assembly at the time of the election shall 1137
not be considered a contribution by or an expenditure by or on 1138
behalf of the candidate, and shall not be reported, if the 1139
constituent office is not used for any candidate's campaign 1140
activities. 1141

       (E) The net contribution of each social or fund-raising 1142
activity shall be calculated by totaling all contributions to the 1143
activity minus the expenditures made for the activity. 1144

       (F) An expenditure that purchases goods or services shall be 1145
attributed to an election when the disbursement of funds is made, 1146
rather than at the time the goods or services are used. The 1147
secretary of state, under the procedures of Chapter 119. of the 1148
Revised Code, shall establish rules for the attribution of 1149
expenditures to a candidate when the candidate is a candidate for 1150
more than one office during a reporting period and for 1151
expenditures made in a year in which no election is held. The 1152
secretary of state shall further define by rule those expenditures 1153
that are or are not by or on behalf of a candidate. 1154

       (G) An expenditure for the purpose of a charitable donation 1155
may be made if it is made to an organization that is exempt from 1156
federal income taxation under subsection 501(a) and described in 1157
subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or 1158
501(c)(19) of the Internal Revenue Code or is approved by advisory 1159
opinion of the Ohio elections commission as a legitimate 1160
charitable organization. Each expenditure under this division 1161
shall be separately itemized on statements made pursuant to 1162
section 3517.10 of the Revised Code. 1163

       Sec. 3517.082. (A) Any corporation, any nonprofit 1164
corporation, or any labor organization may establish, administer, 1165
and solicit contributions from the persons listed in division (B) 1166
of this section, to either or both of the following: 1167

       (1) A political action committee of the corporation or labor 1168
organization with respect to state and local elections; 1169

       (2) A separate segregated fund pursuant to the Federal 1170
Election Campaign Act. 1171

       (B)(1) A corporation and a nonprofit corporation may solicit 1172
contributions from its stockholders, officers, directors, trustees 1173
that are not corporations or labor organizations, and employees. 1174

       (2) A nonprofit corporation also may solicit contributions 1175
from: 1176

       (a) Its members that are not corporations or labor 1177
organizations; 1178

       (b) Officers, directors, trustees that are not corporations 1179
or labor organizations, and employees of any members of the 1180
nonprofit corporation. 1181

       (3) A labor organization may solicit contributions from its 1182
members, officers, and employees. 1183

       (C) A corporation, nonprofit corporation, or labor 1184
organization shall report to a political action committee, or to a 1185
separate segregated fund with respect to state and local 1186
elections, the following costs expended by the corporation, 1187
nonprofit corporation, or labor organization that are associated 1188
with establishing, administering, and soliciting contributions to 1189
the political action committee or separate segregated fund 1190
pursuant to division (A) of this section: 1191

       (1) Mailing and printing expenses for direct solicitation of 1192
contributions pursuant to ~~division (D) of~~ this section; 1193

       (2) The portion of an employee's salary or wages attributable 1194
to time hethe employee spends in activities related to 1195
establishing, administering, and soliciting contributions to a 1196
political action committee or separate segregated fund, if that 1197
time exceeds during a reporting period fifty per cent of the time 1198
for which the employee is compensated by the corporation, 1199
nonprofit corporation, or labor organization; 1200

       (3) The cost associated with the purchase, lease, operation, 1201
and use of equipment for activities related to establishing, 1202
administering, and soliciting contributions to a political action 1203
committee or separate segregated fund if during a reporting period 1204
more than fifty per cent of the use of the equipment is for those 1205
activities; 1206

       (4) Professional fees paid by the corporation, nonprofit 1207
corporation, or labor organization for establishing, 1208
administering, and soliciting contributions to a political action 1209
committee or separate segregated fund. 1210

       The political action committee shall itemize the amounts and 1211
purposes of those costs expended by the corporation, nonprofit 1212
corporation, or labor organization and file them as part of the 1213
statement required of political action committees under division 1214
(A) of section 3517.10 of the Revised Code ~~on a form prescribed by~~ 1215
~~the secretary of state~~. The separate segregated fund with respect 1216
to state and local elections shall file with the secretary of 1217
state a copy of the portion of each report and statement required 1218
under the Federal Election Campaign Act that applies to state and 1219
local elections at the same time that the entire original report 1220
is filed in accordance with that act. 1221

       (D) ~~Solicitations of contributions pursuant to division (B)~~ 1222
~~of this section from employees of a corporation or members and~~ 1223
~~employees of a labor organization other than executive and~~ 1224
~~administrative employees of a corporation or officers and~~ 1225
~~executive and administrative employees of a labor organization~~ 1226
~~shall be in writing and shall not be made more than four times~~ 1227
~~during each calendar year. Any person who solicits any employee of~~ 1228
~~a corporation or member or employee of a labor organization for a~~ 1229
~~contribution to a political action committee established or~~ 1230
~~administered by the corporation or labor organization under~~ 1231
~~division (A)(1) of this section shall inform the employee or~~ 1232
~~member at the time of the solicitation that he may refuse to make~~ 1233
~~a contribution without suffering any reprisal.~~ 1234

       ~~(E) In addition to the laws listed in division (A) of section~~ 1235
~~4117.10 of the Revised Code that prevail over conflicting~~ 1236
~~agreements between employee organizations and public employers,~~ 1237
~~this section prevails over any conflicting provisions of~~ 1238
~~agreements between labor organizations and public employers~~ 1239
~~pursuant to Chapter 4117. of the Revised Code~~ A corporation, 1240
nonprofit corporation, or labor organization may obtain 1241
contributions for a political action committee or a separate 1242
segregated fund under this section from an individual described in 1243
division (B) of this section from whom the corporation, nonprofit 1244
corporation, or labor organization was not obtaining contributions 1245
for that political action committee or separate segregated fund 1246
before the effective date of this amendment on an automatic basis 1247
pursuant to a payroll deduction plan only if the individual who is 1248
contributing to that political action committee or separate 1249
segregated fund affirmatively consents to the contribution in 1250
writing. 1251

       (E) In addition to the laws listed in division (A) of section 1252
4117.10 of the Revised Code that prevail over conflicting 1253
agreements between employee organizations and public employers, 1254
this section prevails over any conflicting provisions of 1255
agreements between labor organizations and public employers that 1256
are entered into on or after the effective date of this amendment 1257
pursuant to Chapter 4117. of the Revised Code. 1258

       Sec. 3517.09. (A) No person or committee shall solicit, ask, 1259
invite, or demand, directly or indirectly, orally or in writing, a 1260
contribution, subscription, or payment from a candidate for 1261
nomination or election or from the campaign committee of that 1262
candidate, and no person shall solicit, ask, invite, or demand 1263
that a candidate for nomination or election or the campaign 1264
committee of that candidate subscribe to the support of a club or 1265
organization, buy tickets to an entertainment, ball, supper, or 1266
other meeting, or pay for space in a book, program, or 1267
publication. This division does not apply to any of the following: 1268

       (1) Regular advertisements in periodicals having an 1269
established circulation; 1270

       (2) Regular payments to civic, political, fraternal, social, 1271
charitable, or religious organizations of which the candidate was 1272
a member or contributor six months before the candidate's 1273
candidacy; 1274

       (3) Regular party assessments made by a party against its own 1275
candidates. 1276

       (B) No person shall coerce, intimidate, or cause harm to 1277
another person by an act or failure to act, or shall threaten to 1278
coerce, intimidate, or cause harm to another person, because that 1279
other person makes or does not make a contribution to a candidate, 1280
campaign committee, political party, legislative campaign fund, 1281
political action committee, or ~~political contributing entity~~ 1282
person making disbursements to pay the direct costs of producing 1283
or airing electioneering communications. 1284

       (C) ~~An employer or labor organization that, directly or~~ 1285
~~through another person, solicits an employee of the employer or a~~ 1286
~~member of the labor organization for a contribution to a~~ 1287
~~candidate, campaign committee, political action committee,~~ 1288
~~legislative campaign fund, political party, or political~~ 1289
~~contributing entity shall inform the employee or member at the~~ 1290
~~time of the solicitation that making a contribution is voluntary~~ 1291
~~and that a decision of the employee or member to make a~~ 1292
~~contribution or not to make a contribution will not benefit the~~ 1293
~~employee or member or place the employee or member at a~~ 1294
~~disadvantage with respect to employment by the employer or~~ 1295
~~membership in the labor organization~~An employer or labor 1296
organization, directly or through another person, may obtain 1297
contributions for a candidate, campaign committee, political 1298
action committee, legislative campaign fund, political party, or 1299
person making disbursements to pay the direct costs of producing 1300
or airing electioneering communications from an employee or member 1301
from whom the employer or labor organization was not obtaining 1302
contributions for that candidate, campaign committee, political 1303
action committee, legislative campaign fund, political party, or 1304
person making disbursements to pay the direct costs of producing 1305
or airing electioneering communications before the effective date 1306
of this amendment on an automatic basis pursuant to a payroll 1307
deduction plan only if the employee or member who is contributing 1308
to that candidate, campaign committee, political action committee, 1309
legislative campaign fund, political party, or person making 1310
disbursements to pay the direct costs of producing or airing 1311
electioneering communications affirmatively consents to the 1312
contribution in writing. 1313

       (D) In addition to the laws listed in division (A) of section 1314
4117.10 of the Revised Code that prevail over conflicting 1315
agreements between employee organizations and public employers, 1316
this section prevails over any conflicting provisions of 1317
agreements between labor organizations and public employers that 1318
are entered into on or after the effective date of this amendment 1319
pursuant to Chapter 4117. of the Revised Code. 1320

       Sec. 3517.092. (A) As used in this section: 1321

       (1) "Appointing authority" has the same meaning as in section 1322
124.01 of the Revised Code. 1323

       (2) "State elected officer" means any person appointed or 1324
elected to a state elective office. 1325

       (3) "State elective office" means any of the offices of 1326
governor, lieutenant governor, secretary of state, auditor of 1327
state, treasurer of state, attorney general, member of the state 1328
board of education, member of the general assembly, and justice 1329
and chief justice of the supreme court. 1330

       (4) "County elected officer" means any person appointed or 1331
elected to a county elective office. 1332

       (5) "County elective office" means any of the offices of 1333
county auditor, county treasurer, clerk of the court of common 1334
pleas, sheriff, county recorder, county engineer, county 1335
commissioner, prosecuting attorney, and coroner. 1336

       (6) "Contribution" includes a contribution to any political 1337
party, campaign committee, political action committee, ~~political~~ 1338
~~contributing entity,~~ or legislative campaign fund. 1339

       (B) No state elected officer, no campaign committee of such 1340
an officer, and no other person or entity shall knowingly solicit 1341
or accept a contribution on behalf of that officer or that 1342
officer's campaign committee from any of the following: 1343

       (1) A state employee whose appointing authority is the state 1344
elected officer; 1345

       (2) A state employee whose appointing authority is authorized 1346
or required by law to be appointed by the state elected officer; 1347

       (3) A state employee who functions in or is employed in or by 1348
the same public agency, department, division, or office as the 1349
state elected officer. 1350

       (C) No candidate for a state elective office, no campaign 1351
committee of such a candidate, and no other person or entity shall 1352
knowingly solicit or accept a contribution on behalf of that 1353
candidate or that candidate's campaign committee from any of the 1354
following: 1355

       (1) A state employee at the time of the solicitation, whose 1356
appointing authority will be the candidate, if elected; 1357

       (2) A state employee at the time of the solicitation, whose 1358
appointing authority will be appointed by the candidate, if 1359
elected, as authorized or required by law; 1360

       (3) A state employee at the time of the solicitation, who 1361
will function in or be employed in or by the same public agency, 1362
department, division, or office as the candidate, if elected. 1363

       (D) No county elected officer, no campaign committee of such 1364
an officer, and no other person or entity shall knowingly solicit 1365
a contribution on behalf of that officer or that officer's 1366
campaign committee from any of the following: 1367

       (1) A county employee whose appointing authority is the 1368
county elected officer; 1369

       (2) A county employee whose appointing authority is 1370
authorized or required by law to be appointed by the county 1371
elected officer; 1372

       (3) A county employee who functions in or is employed in or 1373
by the same public agency, department, division, or office as the 1374
county elected officer. 1375

       (E) No candidate for a county elective office, no campaign 1376
committee of such a candidate, and no other person or entity shall 1377
knowingly solicit a contribution on behalf of that candidate or 1378
that candidate's campaign committee from any of the following: 1379

       (1) A county employee at the time of the solicitation, whose 1380
appointing authority will be the candidate, if elected; 1381

       (2) A county employee at the time of the solicitation, whose 1382
appointing authority will be appointed by the candidate, if 1383
elected, as authorized or required by law; 1384

       (3) A county employee at the time of the solicitation, who 1385
will function in or be employed in or by the same public agency, 1386
department, division, or office as the candidate, if elected. 1387

       (F)(1) No public employee shall solicit a contribution from 1388
any person while the public employee is performing the public 1389
employee's official duties or in those areas of a public building 1390
where official business is transacted or conducted. 1391

       (2) No person shall solicit a contribution from any public 1392
employee while the public employee is performing the public 1393
employee's official duties or is in those areas of a public 1394
building where official business is transacted or conducted. 1395

       (3) As used in division (F) of this section, "public 1396
employee" does not include any person holding an elective office. 1397

       (G) The prohibitions in divisions (B), (C), (D), (E), and (F) 1398
of this section are in addition to the prohibitions in sections 1399
124.57, 3304.22, and 4503.032 of the Revised Code. 1400

       Sec. 3517.10. (A) Except as otherwise provided in this 1401
division, every campaign committee, political action committee, 1402
legislative campaign fund, and political party~~, and political~~ 1403
~~contributing entity~~ that made or received a contribution or made 1404
an expenditure in connection with the nomination or election of 1405
any candidate or in connection with any ballot issue or question 1406
at any election held or to be held in this state shall file, on a 1407
form prescribed under this section,or by electronic means of 1408
transmission as provided in this section and section 3517.106 of 1409
the Revised Code, ~~or, until March 1, 2004, on computer disk as~~ 1410
~~provided in section 3517.106 of the Revised Code,~~ a full, true, 1411
and itemized statement, made under penalty of election 1412
falsification, setting forth in detail the contributions and 1413
expenditures, nonot later than four p.m. of the following dates: 1414

       (1) The twelfth day before the election to reflect 1415
contributions received and expenditures made from the close of 1416
business on the last day reflected in the last previously filed 1417
statement, if any, to the close of business on the twentieth day 1418
before the election; 1419

       (2) The thirty-eighth day after the election to reflect the 1420
contributions received and expenditures made from the close of 1421
business on the last day reflected in the last previously filed 1422
statement, if any, to the close of business on the seventh day 1423
before the filing of the statement; 1424

       (3) The last business day of January of every year to reflect 1425
the contributions received and expenditures made from the close of 1426
business on the last day reflected in the last previously filed 1427
statement, if any, to the close of business on the last day of 1428
December of the previous year; 1429

       (4) The last business day of July of every year to reflect 1430
the contributions received and expenditures made from the close of 1431
business on the last day reflected in the last previously filed 1432
statement, if any, to the close of business on the last day of 1433
June of that year. 1434

       A campaign committee shall only be required to file the 1435
statements prescribed under divisions (A)(1) and (2) of this 1436
section in connection with the nomination or election of the 1437
committee's candidate. 1438

       The statement required under division (A)(1) of this section 1439
shall not be required of any campaign committee, political action 1440
committee, legislative campaign fund, or political party~~, or~~ 1441
~~political contributing entity~~ that has received contributions of 1442
less than one thousand dollars and has made expenditures of less 1443
than one thousand dollars at the close of business on the 1444
twentieth day before the election. Those contributions and 1445
expenditures shall be reported in the statement required under 1446
division (A)(2) of this section. 1447

       If an election to select candidates to appear on the general 1448
election ballot is held within sixty days before a general 1449
election, the campaign committee of a successful candidate in the 1450
earlier election may file the statement required by division 1451
(A)(1) of this section for the general election instead of the 1452
statement required by division (A)(2) of this section for the 1453
earlier election if the pregeneral election statement reflects the 1454
status of contributions and expenditures for the period twenty 1455
days before the earlier election to twenty days before the general 1456
election. 1457

       If a person becomes a candidate less than twenty days before 1458
an election, the candidate's campaign committee is not required to 1459
file the statement required by division (A)(1) of this section. 1460

       No statement under division (A)(3) or (4) of this section 1461
shall be required for any year in which a campaign committee, 1462
political action committee, legislative campaign fund, or 1463
political party~~, or political contributing entity~~ is required to 1464
file a postgeneral election statement under division (A)(2) of 1465
this section. However, such a statement may be filed, at the 1466
option of the campaign committee, political action committee, 1467
legislative campaign fund, or political party~~, or political~~ 1468
~~contributing entity~~. 1469

       No statement under division (A)(3) or (4) of this section 1470
shall be required if the campaign committee, political action 1471
committee, legislative campaign fund, or political party~~, or~~ 1472
~~political contributing entity~~ has no contributions that it has 1473
received and no expenditures that it has made since the last date 1474
reflected in its last previously filed statement. However, the 1475
campaign committee, political action committee, legislative 1476
campaign fund, or political party~~, or political contributing~~ 1477
~~entity~~ shall file a statement to that effect, on a form prescribed 1478
under this section and made under penalty of election 1479
falsification, on the date required in division (A)(3) or (4) of 1480
this section, as applicable. 1481

       The campaign committee of a statewide candidate shall file a 1482
monthly statement of contributions received during each of the 1483
months of July, August, and September in the year of the general 1484
election in which the candidate seeks office. The campaign 1485
committee of a statewide candidate shall file the monthly 1486
statement not later than three business days after the last day of 1487
the month covered by the statement. During the period beginning on 1488
the nineteenth day before the general election in which a 1489
statewide candidate seeks election to office and extending through 1490
the day of that general election, each time the campaign committee 1491
of the joint candidates for the offices of governor and lieutenant 1492
governor or of a candidate for the office of secretary of state, 1493
auditor of state, treasurer of state, or attorney general receives 1494
a contribution from a contributor that causes the aggregate amount 1495
of contributions received from that contributor during that period 1496
to equal or exceed ~~two~~ten thousand ~~five hundred~~ dollars and each 1497
time the campaign committee of a candidate for the office of chief 1498
justice or justice of the supreme court receives a contribution 1499
from a contributor that causes the aggregate amount of 1500
contributions received from that contributor during that period to 1501
exceed ~~five hundred~~ten thousand dollars, the campaign committee 1502
shall file a two-business-day statement reflecting that 1503
contribution. During the period beginning on the nineteenth day 1504
before a primary election in which a candidate for statewide 1505
office seeks nomination to office and extending through the day of 1506
that primary election, each time either the campaign committee of 1507
a statewide candidate in that primary election that files a notice 1508
under division (C)(1) of section 3517.103 of the Revised Code or 1509
the campaign committee of a statewide candidate in that primary 1510
election to which, in accordance with division (D) of section 1511
3517.103 of the Revised Code, the contribution limitations 1512
prescribed in section 3517.102 of the Revised Code no longer apply 1513
receives a contribution from a contributor that causes the 1514
aggregate amount of contributions received from that contributor 1515
during that period to exceed ~~two~~ten thousand ~~five hundred~~ 1516
dollars, the campaign committee shall file a two-business-day 1517
statement reflecting that contribution. Contributions reported on 1518
a two-business-day statement required to be filed by a campaign 1519
committee of a statewide candidate in a primary election shall 1520
also be included in the postprimary election statement required to 1521
be filed by that campaign committee under division (A)(2) of this 1522
section. A two-business-day statement required by this paragraph 1523
shall be filed not later than two business days after receipt of 1524
the contribution. The statements required by this paragraph shall 1525
be filed in addition to any other statements required by this 1526
section. 1527

       Subject to the secretary of state having implemented, tested, 1528
and verified the successful operation of any system the secretary 1529
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of 1530
this section and division (H)(1) of section 3517.106 of the 1531
Revised Code for the filing of campaign finance statements by 1532
electronic means of transmission, a campaign committee of a 1533
statewide candidate shall file a two-business-day statement under 1534
the preceding paragraph by electronic means of transmission if the 1535
campaign committee is required to file a ~~preelection~~pre-election, 1536
postelection, or monthly statement of contributions and 1537
expenditures by electronic means of transmission under this 1538
section or section 3517.106 of the Revised Code. 1539

       If a campaign committee or political action committee has no 1540
balance on hand and no outstanding obligations and desires to 1541
terminate itself, it shall file a statement to that effect, on a 1542
form prescribed under this section and made under penalty of 1543
election falsification, with the official with whom it files a 1544
statement under division (A) of this section after filing a final 1545
statement of contributions and a final statement of expenditures, 1546
if contributions have been received or expenditures made since the 1547
period reflected in its last previously filed statement. 1548

       (B) Except as otherwise provided in division (C)(7) of this 1549
section, each statement required by division (A) of this section 1550
shall contain the following information: 1551

       (1) The full name and address of each campaign committee, 1552
political action committee, legislative campaign fund, or 1553
political party, ~~or political contributing entity,~~ including any 1554
treasurer of the committee, fund, or party, ~~or entity,~~ filing a 1555
contribution and expenditure statement; 1556

       (2)(a) In the case of a campaign committee, the candidate's 1557
full name and address; 1558

       (b) In the case of a political action committee, the 1559
registration number assigned to the committee under division 1560
(D)(1) of this section. 1561

       (3) The date of the election and whether it was or will be a 1562
general, primary, or special election; 1563

       (4) A statement of contributions received, which shall 1564
include the following information: 1565

       (a) The month, day, and year of the contribution; 1566

       (b)(i) The full name and address of each person, political 1567
party, campaign committee, legislative campaign fund, or political 1568
action committee~~, or political contributing entity~~ from whom 1569
contributions are received and the registration number assigned to 1570
the political action committee under division (D)(1) of this 1571
section. The requirement of filing the full address does not apply 1572
to any statement filed by a state or local committee of a 1573
political party, to a finance committee of such committee, or to a 1574
committee recognized by a state or local committee as its 1575
fund-raising auxiliary. Notwithstanding division (F)~~(1)~~ of this 1576
section, the requirement of filing the full address shall be 1577
considered as being met if the address filed is the same address 1578
the contributor provided under division (E)(1) of this section. 1579

       (ii) If a political action committee, legislative campaign 1580
fund, or political party that is required to file campaign finance 1581
statements by electronic means of transmission under section 1582
3517.106 of the Revised Code or a campaign committee of a 1583
statewide candidate or candidate for the office of member of the 1584
general assembly receives a contribution from an individual that 1585
exceeds one hundred dollars, the name of the individual's current 1586
employer, if any, or, if the individual is self-employed, the 1587
individual's occupation and the name of the individual's business, 1588
if any; 1589

       (iii) If a campaign committee of a statewide candidate or 1590
candidate for the office of member of the general assembly 1591
receives a contribution transmitted pursuant to section 3599.031 1592
of the Revised Code from amounts deducted from the wages and 1593
salaries of two or more employees that exceeds in the aggregate 1594
one hundred dollars during any one filing period under division 1595
(A)(1), (2), or (3), or (4) of this section, the full name of the 1596
employees' employer and the full name of the labor organization of 1597
which the employees are members, if any. 1598

       (c) A description of the contribution received, if other than 1599
money; 1600

       (d) The value in dollars and cents of the contribution; 1601

       (e) A separately itemized account of all contributions and 1602
expenditures regardless of the amount, except a receipt of a 1603
contribution from a person in the sum of twenty-five dollars or 1604
less at one social or fund-raising activity and a receipt of a 1605
contribution transmitted pursuant to section 3599.031 of the 1606
Revised Code from amounts deducted from the wages and salaries of 1607
employees if the contribution from the amount deducted from the 1608
wages and salary of any one employee is twenty-five dollars or 1609
less aggregated in a calendar year. An account of the total 1610
contributions from each social or fund-raising activity shall 1611
include a description of and the value of each in-kind 1612
contribution received at that activity from any person who made 1613
one or more such contributions whose aggregate value exceeded two 1614
hundred fifty dollars and shall be listed separately, together 1615
with the expenses incurred and paid in connection with that 1616
activity. A campaign committee, political action committee, 1617
legislative campaign fund, or political party~~, or political~~ 1618
~~contributing entity~~ shall keep records of contributions from each 1619
person in the amount of twenty-five dollars or less at one social 1620
or fund-raising activity and contributions from amounts deducted 1621
under section 3599.031 of the Revised Code from the wages and 1622
salary of each employee in the amount of twenty-five dollars or 1623
less aggregated in a calendar year. No continuing association that 1624
is recognized by a state or local committee of a political party 1625
as an auxiliary of the party and that makes a contribution from 1626
funds derived solely from regular dues paid by members of the 1627
auxiliary shall be required to list the name or address of any 1628
members who paid those dues. 1629

       Contributions that are other income shall be itemized 1630
separately from all other contributions. The information required 1631
under division (B)(4) of this section shall be provided for all 1632
other income itemized. As used in this paragraph, "other income" 1633
means a loan, investment income, or interest income. 1634

       (f) In the case of a campaign committee of a state elected 1635
officer, if a person doing business with the state elected officer 1636
in the officer's official capacity makes a contribution to the 1637
campaign committee of that officer, the information required under 1638
division (B)(4) of this section in regard to that contribution, 1639
which shall be filed together with and considered a part of the 1640
committee's statement of contributions as required under division 1641
(A) of this section but shall be filed on a separate form provided 1642
by the secretary of state. As used in this division ~~(B)(4)(f) of~~ 1643
~~this section~~: 1644

       (i) "State elected officer" has the same meaning as in 1645
section 3517.092 of the Revised Code. 1646

       (ii) "Person doing business" means a person or an officer of 1647
an entity who enters into one or more contracts with a state 1648
elected officer or anyone authorized to enter into contracts on 1649
behalf of that officer to receive payments for goods or services, 1650
if the payments total, in the aggregate, more than five thousand 1651
dollars during a calendar year. 1652

       (5) A statement of expenditures which shall include the 1653
following information: 1654

       (a) The month, day, and year of the expenditure; 1655

       (b) The full name and address of each person, political 1656
party, campaign committee, legislative campaign fund, or political 1657
action committee~~, or political contributing entity~~ to whom the 1658
expenditure was made and the registration number assigned to the 1659
political action committee under division (D)(1) of this section; 1660

       (c) The object or purpose for which the expenditure was made; 1661

       (d) The amount of each expenditure. 1662

       (C)(1) The statement of contributions and expenditures shall 1663
be signed by the person completing the form. If a statement of 1664
contributions and expenditures is filed by electronic means of 1665
transmission pursuant to this section or section 3517.106 of the 1666
Revised Code, the electronic signature of the person who executes 1667
the statement and transmits the statement by electronic means of 1668
transmission, as provided in division (H) of section 3517.106 of 1669
the Revised Code, shall be attached to or associated with the 1670
statement and shall be binding on all persons and for all purposes 1671
under the campaign finance reporting law as if the signature had 1672
been handwritten in ink on a printed form. 1673

       (2) The person filing the statement, under penalty of 1674
election falsification, shall include with it a list of each 1675
anonymous contribution, the circumstances under which it was 1676
received, and the reason it cannot be attributed to a specific 1677
donor. 1678

       (3) Each statement of a campaign committee of a candidate who 1679
holds public office shall contain a designation of each 1680
contributor who is an employee in any unit or department under the 1681
candidate's direct supervision and control. In a space provided in 1682
the statement, the person filing the statement shall affirm that 1683
each such contribution was voluntarily made. 1684

       (4) A campaign committee that did not receive contributions 1685
or make expenditures in connection with the nomination or election 1686
of its candidate shall file a statement to that effect, on a form 1687
prescribed under this section and made under penalty of election 1688
falsification, on the date required in division (A)(2) of this 1689
section. 1690

       (5) The campaign committee of any person who attempts to 1691
become a candidate and who, for any reason, does not become 1692
certified in accordance with Title XXXV of the Revised Code for 1693
placement on the official ballot of a primary, general, or special 1694
election to be held in this state, and who, at any time prior to 1695
or after an election, receives contributions or makes 1696
expenditures, or has given consent for another to receive 1697
contributions or make expenditures, for the purpose of bringing 1698
about the person's nomination or election to public office, shall 1699
file the statement or statements prescribed by this section and a 1700
termination statement, if applicable. ~~This paragraph~~Division 1701
(C)(5) of this section does not apply to any person with respect 1702
to an election to the offices of member of a county or state 1703
central committee, presidential elector, or delegate to a national 1704
convention or conference of a political party. 1705

       (6)(a) The statements required to be filed under this section 1706
shall specify the balance in the hands of the campaign committee, 1707
political action committee, legislative campaign fund, or 1708
political party~~, or political contributing entity~~ and the 1709
disposition intended to be made of that balance. 1710

       (b) The secretary of state shall prescribe the form for all 1711
statements required to be filed under this section and shall 1712
furnish the forms to the boards of elections in the several 1713
counties. The boards of elections shall supply printed copies of 1714
those forms without charge. The secretary of state shall prescribe 1715
the appropriate methodology, protocol, and data file structure for 1716
statements required or permitted to be filed by electronic means 1717
of transmission under division (A) of this section ~~and~~, divisions 1718
(E), (F), and (G) of section 3517.106, division (D) of section 1719
3517.1011, division (B) of section 3517.1012, and division (C) of 1720
section 3517.1013 of the Revised Code ~~and for statements permitted~~ 1721
~~to be filed on computer disk under division (F) of section~~ 1722
~~3517.106 of the Revised Code~~. Subject to division (A) of this 1723
section ~~and~~, divisions (E), (F), and (G) of section 3517.106, 1724
division (D) of section 3517.1011, division (B) of section 1725
3517.1012, and division (C) of section 3517.1013 of the Revised 1726
Code, the statements required to be stored on computer by the 1727
secretary of state under division (B) of section 3517.106 of the 1728
Revised Code shall be filed in whatever format the secretary of 1729
state considers necessary to enable the secretary of state to 1730
store the information contained in the statements on computer. Any 1731
such format shall be of a type and nature that is readily 1732
available to whoever is required to file the statements in that 1733
format. 1734

       (c) The secretary of state shall assess the need for training 1735
regarding the filing of campaign finance statements by electronic 1736
means of transmission and regarding associated technologies for 1737
candidates, campaign committees, political action committees, 1738
legislative campaign funds, or political parties, ~~political~~ 1739
~~contributing entities, or~~for individuals, partnerships, or other 1740
entities, or for persons making disbursements to pay the direct 1741
costs of producing or airing electioneering communications, 1742
required or permitted to file statements by electronic means of 1743
transmission under this section or section 3517.105 or, 3517.106, 1744
3517.1011, 3517.1012, or 3517.1013 of the Revised Code. If, in the 1745
opinion of the secretary of state, training in these areas is 1746
necessary, the secretary of state shall arrange for the provision 1747
of voluntary training programs for candidates, campaign 1748
committees, political action committees, legislative campaign 1749
funds, or political parties, ~~political contributing entities, and~~ 1750
for individuals, partnerships, and other entities, or for persons 1751
making disbursements to pay the direct costs of producing or 1752
airing electioneering communications, as appropriate. 1753

       (7) Each monthly statement and each two-business-day 1754
statement required by division (A) of this section shall contain 1755
the information required by divisions (B)(1) to (4), (C)(2), and, 1756
if appropriate, (C)(3) of this section. Each statement shall be 1757
signed as required by division (C)(1) of this section. 1758

       (D)(1) Prior to receiving a contribution or making an 1759
expenditure, every campaign committee, political action committee, 1760
legislative campaign fund, or political party~~, or political~~ 1761
~~contributing entity~~ shall appoint a treasurer and shall file, on a 1762
form prescribed by the secretary of state, a designation of that 1763
appointment, including the full name and address of the treasurer 1764
and of the campaign committee, political action committee, 1765
legislative campaign fund, or political party~~, or political~~ 1766
~~contributing entity~~. That designation shall be filed with the 1767
official with whom the campaign committee, political action 1768
committee, legislative campaign fund, or political party~~, or~~ 1769
~~political contributing entity~~ is required to file statements under 1770
section 3517.11 of the Revised Code. The name of a campaign 1771
committee shall include at least the last name of the campaign 1772
committee's candidate. The secretary of state shall assign a 1773
registration number to each political action committee that files 1774
a designation of the appointment of a treasurer under this 1775
division ~~(D)(1) of this section~~ if the political action committee 1776
is required by division (A)(1) of section 3517.11 of the Revised 1777
Code to file the statements prescribed by this section with the 1778
secretary of state. 1779

       (2) The treasurer appointed under division (D)(1) of this 1780
section shall keep a strict account of all contributions, from 1781
whom received and the purpose for which they were disbursed. 1782

       (3)(a) Except as otherwise provided in section 3517.108 of 1783
the Revised Code, a campaign committee shall deposit all monetary 1784
contributions received by the committee into an account separate 1785
from a personal or business account of the candidate or campaign 1786
committee. 1787

       (b) A political action committee shall deposit all monetary 1788
contributions received by the committee into an account separate 1789
from all other funds. 1790

       (c) A state or county political party may establish a state 1791
candidate fund that is separate from an account that contains the 1792
public moneys received from the Ohio political party fund under 1793
section 3517.17 of the Revised Code and from all other funds. A 1794
state or county political party may deposit into its state 1795
candidate fund any amounts of monetary contributions that are made 1796
to or accepted by the political party subject to the applicable 1797
limitations, if any, prescribed in section 3517.102 of the Revised 1798
Code. A state or county political party shall deposit all other 1799
monetary contributions received by the party into one or more 1800
accounts that are separate from its state candidate fund and from 1801
its account that contains the public moneys received from the Ohio 1802
political party fund under section 3517.17 of the Revised Code. 1803

       (d) Each state political party shall have only one 1804
legislative campaign fund for each house of the general assembly. 1805
Each such fund shall be separate from any other funds or accounts 1806
of that state party. A legislative campaign fund is authorized to 1807
receive contributions and make expenditures for the primary 1808
purpose of furthering the election of candidates who are members 1809
of that political party to the house of the general assembly with 1810
which that legislative campaign fund is associated. Each 1811
legislative campaign fund shall be administered and controlled in 1812
a manner designated by the caucus. As used in this division 1813
~~(D)(3)(d) of this section~~, "caucus" has the same meaning as in 1814
section 3517.01 of the Revised Code and includes, as an ex officio 1815
member, the chairperson of the state political party with which 1816
the caucus is associated or that chairperson's designee. 1817

       (4) Every expenditure in excess of twenty-five dollars shall 1818
be vouched for by a receipted bill, stating the purpose of the 1819
~~expenditures~~expenditure, that shall be filed with the statement 1820
of expenditures. A canceled check with a notation of the purpose 1821
of the expenditure is a receipted bill for purposes of division 1822
(D)(4) of this section. 1823

       (5) The secretary of state or the board of elections, as the 1824
case may be, shall issue a receipt for each statement filed under 1825
this section and shall preserve a copy of the receipt for a period 1826
of at least six years. All statements filed under this section 1827
shall be open to public inspection in the office where they are 1828
filed and shall be carefully preserved for a period of at least 1829
six years after the year in which they are filed. 1830

       (6) The secretary of state, by rule adopted pursuant to 1831
section 3517.23 of the Revised Code, shall prescribe ~~the~~both of 1832
the following: 1833

       (a) The manner of immediately acknowledging, with date and 1834
time received, and preserving the receipt of statements that are 1835
transmitted by electronic means of transmission to the secretary 1836
of state pursuant to this section or section 3517.106, 3517.1011, 1837
3517.1012, or 3517.1013 of the Revised Code ~~and the~~; 1838

       (b) The manner of preserving the contribution and 1839
expenditure, contribution and disbursement, deposit and 1840
disbursement, or gift and disbursement information in ~~those~~the 1841
statements described in division (D)(6)(a) of this section. The 1842
secretary of state shall preserve the contribution and 1843
expenditure, contribution and disbursement, deposit and 1844
disbursement, or gift and disbursement information in those 1845
statements for at least ten years after the year in which they are 1846
filed by electronic means of transmission. 1847

       (7) The secretary of state, pursuant to division (I) of 1848
section 3517.106 of the Revised Code, shall make available online 1849
to the public through the internet the contribution and 1850
expenditure, contribution and disbursement, deposit and 1851
disbursement, or gift and disbursement information in all 1852
statements, all addenda, amendments, or other corrections to 1853
statements, and all amended statements filed with the secretary of 1854
state by electronic or other means of transmission under this 1855
section, division (B)(2)(b) or (C)(2)(b) of section 3517.105, or 1856
section 3517.106, 3517.1011, 3517.1012, 3517.1013, or 3517.11 of 1857
the Revised Code. The secretary of state may remove the 1858
information from the internet after a reasonable period of time. 1859

       (E)(1) Any person, political party, campaign committee, 1860
legislative campaign fund, or political action committee~~, or~~ 1861
~~political contributing entity~~ that makes a contribution in 1862
connection with the nomination or election of any candidate or in 1863
connection with any ballot issue or question at any election held 1864
or to be held in this state shall provide its full name and 1865
address to the recipient of the contribution at the time the 1866
contribution is made. The political action committee also shall 1867
provide the registration number assigned to the committee under 1868
division (D)(1) of this section to the recipient of the 1869
contribution at the time the contribution is made. 1870

       (2) Any individual who makes a contribution that exceeds one 1871
hundred dollars to a political action committee, legislative 1872
campaign fund, or political party or to a campaign committee of a 1873
statewide candidate or candidate for the office of member of the 1874
general assembly shall provide the name of the individual's 1875
current employer, if any, or, if the individual is self-employed, 1876
the individual's occupation and the name of the individual's 1877
business, if any, to the recipient of the contribution at the time 1878
the contribution is made. Sections 3599.39 and 3599.40 of the 1879
Revised Code do not apply to division (E)(2) of this section. 1880

       (3) If a campaign committee shows that it has exercised its 1881
best efforts to obtain, maintain, and submit the information 1882
required under divisions (B)(4)(b)(ii) and (iii) of this section, 1883
that committee is considered to have met the requirements of those 1884
divisions. A campaign committee shall not be considered to have 1885
exercised its best efforts unless, in connection with written 1886
solicitations, it regularly includes a written request for the 1887
information required under division (B)(4)(b)(ii) of this section 1888
from the contributor or the information required under division 1889
(B)(4)(b)(iii) of this section from whoever transmits the 1890
contribution. 1891

       (4) Any check that a political action committee uses to make 1892
a contribution or an expenditure shall contain the full name and 1893
address of the committee and the registration number assigned to 1894
the committee under division (D)(1) of this section. 1895

       (F) As used in this section: 1896

       (1) ~~"Address"~~(a) Except as otherwise provided in division 1897
(F)(1) of this section, "address" means all of the following if 1898
they exist: apartment number, street, road, or highway name and 1899
number, rural delivery route number, city or village, state, and 1900
zip code as used in a person's post-office address, but not 1901
post-office box. 1902

       If(b) Except as otherwise provided in division (F)(1) of 1903
this section, if an address is required in this section, a 1904
post-office box and office, room, or suite number may be included 1905
in addition to, but not in lieu of, an apartment, street, road, or 1906
highway name and number. 1907

       If(c) If an address is required in this section, a campaign 1908
committee, political action committee, legislative campaign fund, 1909
or political party~~, or political contributing entity~~ may use the 1910
business or residence address of its treasurer or deputy 1911
treasurer. The post-office box number of the campaign committee, 1912
political action committee, legislative campaign fund, or 1913
political party~~, or political contributing entity~~ may be used in 1914
addition to that address. 1915

       (d) For the sole purpose of a campaign committee's reporting 1916
of contributions on a statement of contributions received under 1917
division (B)(4) of this section, "address" has one of the 1918
following meanings at the option of the campaign committee: 1919

       (i) The same meaning as in division (F)(1)(a) of this 1920
section; 1921

       (ii) All of the following, if they exist: the contributor's 1922
post-office box number and city or village, state, and zip code as 1923
used in the contributor's post-office address. 1924

       (e) As used with regard to the reporting under this section 1925
of any expenditure, "address" means all of the following if they 1926
exist: apartment number, street, road, or highway name and number, 1927
rural delivery route number, city or village, state, and zip code 1928
as used in a person's post-office address, or post-office box. If 1929
an address concerning any expenditure is required in this section, 1930
a campaign committee, political action committee, legislative 1931
campaign fund, or political party may use the business or 1932
residence address of its treasurer or deputy treasurer or its 1933
post-office box number. 1934

       (2) "Statewide candidate" means the joint candidates for the 1935
offices of governor and lieutenant governor or a candidate for the 1936
office of secretary of state, auditor of state, treasurer of 1937
state, attorney general, member of the state board of education, 1938
chief justice of the supreme court, or justice of the supreme 1939
court. 1940

       (G) An independent expenditure shall be reported whenever and 1941
in the same manner that an expenditure is required to be reported 1942
under this section and shall be reported pursuant to division 1943
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code. 1944

       (H)(1) Except as otherwise provided in division (H)(2) of 1945
this section, if, during the combined ~~preelection~~pre-election and 1946
postelection reporting periods for an election, a campaign 1947
committee has received contributions of five hundred dollars or 1948
less and has made expenditures in the total amount of five hundred 1949
dollars or less, it may file a statement to that effect, under 1950
penalty of election falsification, in lieu of the statement 1951
required by division (A)(2) of this section. The statement shall 1952
indicate the total amount of contributions received and the total 1953
amount of expenditures made during those combined reporting 1954
periods. 1955

       (2) In the case of a successful candidate at a primary 1956
election, if either the total contributions received by or the 1957
total expenditures made by the candidate's campaign committee 1958
during the preprimary, postprimary, pregeneral, and postgeneral 1959
election periods combined equal more than five hundred dollars, 1960
the campaign committee may file the statement under division 1961
(H)(1) of this section only for the primary election. The first 1962
statement that the campaign committee files in regard to the 1963
general election shall reflect all contributions received and all 1964
expenditures made during the preprimary and postprimary election 1965
periods. 1966

       (3) Divisions (H)(1) and (2) of this section do not apply if 1967
a campaign committee receives contributions or makes expenditures 1968
prior to the first day of January of the year of the election at 1969
which the candidate seeks nomination or election to office or if 1970
the campaign committee does not file a termination statement with 1971
its postprimary election statement in the case of an unsuccessful 1972
primary election candidate or with its postgeneral election 1973
statement in the case of other candidates. 1974

       (I) In the case of a contribution made by a partner of a 1975
partnership or an owner or a member of another unincorporated 1976
business from any funds of the partnership or other unincorporated 1977
business, all of the following apply: 1978

       (1) The recipient of the contribution shall report the 1979
contribution by listing both the partnership or other 1980
unincorporated business and the name of the partner or, owner, or 1981
member making the contribution. 1982

       (2) For purposes of section 3517.102 of the Revised Code, the 1983
contribution shall be considered to have been made by the partner 1984
or, owner, or member reported under division (I)(1) of this 1985
section. 1986

       (3) No contribution from a partner of a partnership or an 1987
owner or a member of another unincorporated business shall be 1988
accepted from any funds of the partnership or other unincorporated 1989
business unless the recipient reports the contribution under 1990
division (I)(1) of this section. 1991

       (4) No partnership or other unincorporated business shall 1992
make a contribution or contributions solely in the name of the 1993
partnership or other unincorporated business. 1994

       (5) As used in division (I) of this section, "partnership or 1995
other unincorporated business" includes, but is not limited to, a 1996
cooperative, a sole proprietorship, a general partnership, a 1997
limited partnership, a limited partnership association, a limited 1998
liability partnership, and a limited liability company. 1999

       (J) A candidate shall have only one campaign committee at any 2000
given time for all of the offices for which the person is a 2001
candidate or holds office. 2002

       (K)(1) In addition to filing a designation of appointment of 2003
a treasurer under division (D)(1) of this section, the campaign 2004
committee of any candidate for an elected municipal office that 2005
pays an annual amount of compensation of five thousand dollars or 2006
less, the campaign committee of any candidate for member of a 2007
board of education except member of the state board of education, 2008
or the campaign committee of any candidate for township trustee or 2009
township clerk may sign, under penalty of election falsification, 2010
a certificate attesting that the committee will not accept 2011
contributions during an election period that exceed in the 2012
aggregate two thousand dollars from all contributors and one 2013
hundred dollars from any one individual, and that the campaign 2014
committee will not make expenditures during an election period 2015
that exceed in the aggregate two thousand dollars. 2016

       The certificate shall be on a form prescribed by the 2017
secretary of state and shall be filed not later than ten days 2018
after the candidate files a declaration of candidacy and petition, 2019
a nominating petition, or a declaration of intent to be a write-in 2020
candidate. 2021

       (2) Except as otherwise provided in division (K)(3) of this 2022
section, a campaign committee that files a certificate under 2023
division (K)(1) of this section is not required to file the 2024
statements required by division (A) of this section. 2025

       (3) If, after filing a certificate under division (K)(1) of 2026
this section, a campaign committee exceeds any of the limitations 2027
described in that division during an election period, the 2028
certificate is void and thereafter the campaign committee shall 2029
file the statements required by division (A) of this section. If 2030
the campaign committee has not previously filed a statement, then 2031
on the first statement the campaign committee is required to file 2032
under division (A) of this section after the committee's 2033
certificate is void, the committee shall report all contributions 2034
received and expenditures made from the time the candidate filed 2035
the candidate's declaration of candidacy and petition, nominating 2036
petition, or declaration of intent to be a write-in candidate. 2037

       (4) As used in division (K) of this section, "election 2038
period" means the period of time beginning on the day a person 2039
files a declaration of candidacy and petition, nominating 2040
petition, or declaration of intent to be a write-in candidate 2041
through the day of the election at which the person seeks 2042
nomination to office if the person is not elected to office, or, 2043
if the candidate was nominated in a primary election, the day of 2044
the election at which the candidate seeks office. 2045

       ~~(L) Notwithstanding division (B)(4) of this section, a~~ 2046
~~political contributing entity that receives contributions from the~~ 2047
~~dues, membership fees, or other assessments of its members or from~~ 2048
~~its officers, shareholders, and employees may report the aggregate~~ 2049
~~amount of contributions received from those contributors and the~~ 2050
~~number of individuals making those contributions, for each filing~~ 2051
~~period identified under divisions (A)(1), (2), and (3) of this~~ 2052
~~section. Division (B)(4) of this section applies to a political~~ 2053
~~contributing entity with regard to contributions it receives from~~ 2054
~~all other contributors.~~ 2055

       Sec. 3517.102. (A) Except as otherwise provided in section 2056
3517.103 of the Revised Code, as used in this section and sections 2057
3517.103 and 3517.104 of the Revised Code: 2058

       (1) "Candidate" has the same meaning as in section 3517.01 of 2059
the Revised Code but includes only candidates for the offices of 2060
governor, lieutenant governor, secretary of state, auditor of 2061
state, treasurer of state, attorney general, member of the state 2062
board of education, member of the general assembly, chief justice 2063
of the supreme court, and justice of the supreme court. 2064

       (2) "Statewide candidate" or "any one statewide candidate" 2065
means the joint candidates for the offices of governor and 2066
lieutenant governor or a candidate for the office of secretary of 2067
state, auditor of state, treasurer of state, attorney general, 2068
member of the state board of education, chief justice of the 2069
supreme court, or justice of the supreme court. 2070

       (3) "Senate candidate" means a candidate for the office of 2071
state senator. 2072

       (4) "House candidate" means a candidate for the office of 2073
state representative. 2074

       (5)(a) "Primary election period" for a candidate begins on 2075
the beginning date of the candidate's pre-filing period specified 2076
in division (A)(9) of section 3517.109 of the Revised Code and 2077
ends on the day of the primary election. 2078

       (b) In regard to any candidate, the "general election period" 2079
begins on the day after the primary election immediately preceding 2080
the general election at which the candidate seeks an office 2081
specified in division (A)(1) of this section and ends on the 2082
thirty-first day of December following that general election. 2083

       (6) "State candidate fund" means the state candidate fund 2084
established by a state or county political party under division 2085
(D)(3)(c) of section 3517.10 of the Revised Code. 2086

       (7) "Postgeneral election statement" means the statement 2087
filed under division (A)(2) of section 3517.10 of the Revised Code 2088
by the campaign committee of a candidate after the general 2089
election in which the candidate ran for office or filed by 2090
legislative campaign fund after the general election in an 2091
even-numbered year. 2092

       (8) "Contribution" means any contribution that is required to 2093
be reported in the statement of contributions under section 2094
3517.10 of the Revised Code. 2095

       (9)(a) Except as otherwise provided in division (A)(9)(b) of 2096
this section and in division (F) of section 3517.103 and division 2097
(B)(3)(b) of section 3517.1010 of the Revised Code, "designated 2098
state campaign committee" means: 2099

       ~~(a)~~(i) In the case of contributions to or from a state 2100
political party, a campaign committee of a statewide candidate, 2101
statewide officeholder, senate candidate, house candidate, or 2102
member of the general assembly. 2103

       ~~(b)~~(ii) In the case of contributions to or from a county 2104
political party, a campaign committee of a ~~statewide candidate,~~ 2105
~~statewide officeholder,~~ senate candidate or house candidate whose 2106
candidacy is to be submitted to some or all of the electors in 2107
that county, or member of the general assembly whose district 2108
contains all or part of that county. 2109

       ~~(c)~~(iii) In the case of contributions to or from a 2110
legislative campaign fund, a campaign committee of any of the 2111
following: 2112

       ~~(i)~~(I) A senate or house candidate who, if elected, will be a 2113
member of the same party that established the legislative campaign 2114
fund and the same house with which the legislative campaign fund 2115
is associated; 2116

       ~~(ii)~~(II) A state senator or state representative who is a 2117
member of the same party that established the legislative campaign 2118
fund and the same house with which the legislative campaign fund 2119
is associated. 2120

       (b) A campaign committee is no longer a "designated state 2121
campaign committee" after the campaign committee's candidate 2122
changes the designation of treasurer required to be filed under 2123
division (D)(1) of section 3517.10 of the Revised Code to indicate 2124
that the person intends to be a candidate for, or becomes a 2125
candidate for nomination or election to, any office that, if 2126
elected, would not qualify that candidate's campaign committee as 2127
a "designated state campaign committee" under division (A)(9)(a) 2128
of this section. 2129

       (B)(1)(a) No individual who is seven years of age or older 2130
shall make a contribution or contributions aggregating more than: 2131

       ~~(a) Two~~(i) Ten thousand ~~five hundred~~ dollars to the campaign 2132
committee of any one statewide candidate in a primary election 2133
period or in a general election period; 2134

       ~~(b) Two~~(ii) Ten thousand ~~five hundred~~ dollars to the 2135
campaign committee of any one senate candidate in a primary 2136
election period or in a general election period; 2137

       ~~(c) Two~~(iii) Ten thousand ~~five hundred~~ dollars to the 2138
campaign committee of any one house candidate in a primary 2139
election period or in a general election period; 2140

       ~~(d) Five~~(iv) Ten thousand dollars to ~~any one~~a county 2141
political party of the county in which the individual's designated 2142
Ohio residence is located for the ~~1party's~~party's state candidate 2143
fund orin a calendar year; 2144

       (v) Fifteen thousand dollars to any one legislative campaign 2145
fund in a calendar year; 2146

       ~~(e) Fifteen~~(vi) Thirty thousand dollars to any one state 2147
political party for the party's state candidate fund in a calendar 2148
year; 2149

       ~~(f) Five~~(vii) Ten thousand dollars to any one political 2150
action committee in a calendar year; 2151

       ~~(g) Five thousand dollars to any one political contributing~~ 2152
~~entity in a calendar year~~. 2153

       (b) No individual shall make a contribution or contributions 2154
to the state candidate fund of a county political party of any 2155
county other than the county in which the individual's designated 2156
Ohio residence is located. 2157

       (c) No individual who is under seven years of age shall make 2158
any contribution. 2159

       (2)(a) Subject to division (D)(1) of this section, no 2160
political action committee shall make a contribution or 2161
contributions aggregating more than: 2162

       ~~(a) Two~~(i) Ten thousand ~~five hundred~~ dollars to the campaign 2163
committee of any one statewide candidate in a primary election 2164
period or in a general election period; 2165

       ~~(b) Two~~(ii) Ten thousand ~~five hundred~~ dollars to the 2166
campaign committee of any one senate candidate in a primary 2167
election period or in a general election period; 2168

       ~~(c) Two~~(iii) Ten thousand ~~five hundred~~ dollars to the 2169
campaign committee of any one house candidate in a primary 2170
election period or in a general election period; 2171

       ~~(d) Five~~(iv) Fifteen thousand dollars ~~to any one county~~ 2172
~~political party for the party's state candidate fund or~~ to any one 2173
legislative campaign fund in a calendar year; 2174

       ~~(e) Fifteen~~(v) Thirty thousand dollars to any one state 2175
political party for the party's state candidate fund in a calendar 2176
year; 2177

       ~~(f) Two~~(vi) Ten thousand ~~five hundred~~ dollars to another 2178
political action committee ~~or to a political contributing entity~~ 2179
in a calendar year. This division does not apply to a political 2180
action committee that makes a contribution to a political action 2181
committee ~~or to a political contributing entity~~ affiliated with 2182
it. For purposes of this division, a political action committee is 2183
affiliated with another political action committee ~~or with a~~ 2184
~~political contributing entity~~ if they are both established, 2185
financed, maintained, or controlled by, or if they are, the same 2186
corporation, organization, labor organization, continuing 2187
association, or other person, including any parent, subsidiary, 2188
division, or department of that corporation, organization, labor 2189
organization, continuing association, or other person. 2190

       (b) No political action committee shall make a contribution 2191
or contributions to a county political party for the party's state 2192
candidate fund. 2193

       (3) No campaign committee shall make a contribution or 2194
contributions aggregating more than: 2195

       (a) ~~Two~~Ten thousand ~~five hundred~~ dollars to the campaign 2196
committee of any one statewide candidate in a primary election 2197
period or in a general election period; 2198

       (b) ~~Two~~Ten thousand ~~five hundred~~ dollars to the campaign 2199
committee of any one senate candidate in a primary election period 2200
or in a general election period; 2201

       (c) ~~Two~~Ten thousand ~~five hundred~~ dollars to the campaign 2202
committee of any one house candidate in a primary election period 2203
or in a general election period; 2204

       (d) ~~Two~~Ten thousand ~~five hundred~~ dollars to any one 2205
political action committee in a calendar year; 2206

       ~~(e) Two thousand five hundred dollars to any one political~~ 2207
~~contributing entity in a calendar year~~. 2208

       (4)(a) Subject to division (D)(3) of this section, no 2209
political party shall make a contribution or contributions 2210
aggregating more than ~~two~~ten thousand ~~five hundred~~ dollars to any 2211
one political action committee ~~or to any one political~~ 2212
~~contributing entity~~ in a calendar year. 2213

       (b) No county political party shall make a contribution or 2214
contributions to another county political party. 2215

       (5) No(a) Subject to division (B)(5)(b) of this section, no 2216
campaign committee, other than a designated state campaign 2217
committee, shall make a contribution or contributions aggregating 2218
in a calendar year more than: 2219

       ~~(a) Fifteen~~(i) Thirty thousand dollars to any one state 2220
political party for the party's state candidate fund; 2221

       ~~(b) Five~~(ii) Fifteen thousand dollars to any one legislative 2222
campaign fund; 2223

       ~~(c) Five~~(iii) Ten thousand dollars to any one county 2224
political party for the party's state candidate fund. 2225

       (b) No campaign committee shall make a contribution or 2226
contributions to a county political party for the party's state 2227
candidate fund unless one of the following applies: 2228

       (i) The campaign committee's candidate will appear on a 2229
ballot in that county. 2230

       (ii) The campaign committee's candidate is the holder of an 2231
elected public office that represents all or part of the 2232
population of that county at the time the contribution is made. 2233

       (6)(a) No state candidate fund of a county political party 2234
shall make a contribution or contributions, except a contribution 2235
or contributions to a designated state campaign committee, in a 2236
primary election period or a general election period, aggregating 2237
more than: 2238

       (i) ~~Two~~Two hundred fifty thousand dollars to the campaign 2239
committee of any one statewide candidate; 2240

       (ii) Ten thousand ~~five hundred~~ dollars to the campaign 2241
committee of any one senate candidate; 2242

       ~~(ii) Two~~(iii) Ten thousand ~~five hundred~~ dollars to the 2243
campaign committee of any one house candidate. 2244

       (b)(i) No state candidate fund of a state or county political 2245
party shall make a transfer or a contribution or transfers or 2246
contributions of cash or cash equivalents to a designated state 2247
campaign committee in a primary election period or in a general 2248
election period aggregating more than: 2249

       (I) Five hundred thousand dollars to the campaign committee 2250
of any one statewide candidate; 2251

       (II) One hundred thousand dollars to the campaign committee 2252
of any one senate candidate; 2253

       (III) Fifty thousand dollars to the campaign committee of any 2254
one house candidate. 2255

       (ii) No legislative campaign fund shall make a transfer or a 2256
contribution or transfers or contributions of cash or cash 2257
equivalents to a designated state campaign committee aggregating 2258
more than: 2259

       (I) Fifty thousand dollars in a primary election period or 2260
one hundred thousand dollars in a general election period to the 2261
campaign committee orof any one senate candidate; 2262

       (II) Twenty-five thousand dollars in a primary election 2263
period or fifty thousand dollars in a general election period to 2264
the campaign committee of any one house candidate. 2265

       (iii) As used in divisions (B)(6)(b) and (C)(6)~~(a) and (b)~~ of 2266
this section, "transfer or contribution of cash or cash 2267
equivalents" does not include any in-kind contributions. 2268

       (c) A county political party that has no state candidate fund 2269
and that is located in a county having a population of less than 2270
one hundred fifty thousand may make one or more contributions from 2271
other accounts to any one statewide candidate or to any one 2272
designated state campaign committee that do not exceed, in the 2273
aggregate, two thousand five hundred dollars in any primary 2274
election period or general election period. As used in this 2275
division, "other accounts" does not include ~~either~~ an account that 2276
contains the public moneys received from the Ohio political party 2277
fund under section 3517.17 of the Revised Code ~~or the county~~ 2278
~~political party's operating account~~. 2279

       (d) No legislative campaign fund shall make a contribution, 2280
other than to a designated state campaign committee or to the 2281
state candidate fund of a political party. 2282

       ~~(7) Subject to division (D)(1) of this section, no political~~ 2283
~~contributing entity shall make a contribution or contributions~~ 2284
~~aggregating more than:~~ 2285

       ~~(a) Two thousand five hundred dollars to the campaign~~ 2286
~~committee of any one statewide candidate in a primary election~~ 2287
~~period or in a general election period;~~ 2288

       ~~(b) Two thousand five hundred dollars to the campaign~~ 2289
~~committee of any one senate candidate in a primary election period~~ 2290
~~or in a general election period;~~ 2291

       ~~(c) Two thousand five hundred dollars to the campaign~~ 2292
~~committee of any one house candidate in a primary election period~~ 2293
~~or in a general election period;~~ 2294

       ~~(d) Five thousand dollars to any one county political party~~ 2295
~~for the party's state candidate fund or to any one legislative~~ 2296
~~campaign fund in a calendar year;~~ 2297

       ~~(e) Fifteen thousand dollars to any one state political party~~ 2298
~~for the party's state candidate fund in a calendar year;~~ 2299

       ~~(f) Two thousand five hundred dollars to another political~~ 2300
~~contributing entity or to a political action committee in a~~ 2301
~~calendar year. This division does not apply to a political~~ 2302
~~contributing entity that makes a contribution to a political~~ 2303
~~contributing entity or to a political action committee affiliated~~ 2304
~~with it. For purposes of this division, a political contributing~~ 2305
~~entity is affiliated with another political contributing entity or~~ 2306
~~with a political action committee if they are both established,~~ 2307
~~financed, maintained, or controlled by, or if they are, the same~~ 2308
~~corporation, organization, labor organization, continuing~~ 2309
~~association, or other person, including any parent, subsidiary,~~ 2310
~~division, or department of that corporation, organization, labor~~ 2311
~~organization, continuing association, or other person.~~ 2312

       (C)(1)(a) Subject to division (D)(1) of this section, no 2313
campaign committee of a statewide candidate shall ~~accept a~~do any 2314
of the following: 2315

       (i) Knowingly accept a contribution or contributions from any 2316
individual who is under seven years of age; 2317

       (ii) Accept a contribution or contributions aggregating more 2318
than ~~two~~ten thousand ~~five hundred~~ dollars from any one individual 2319
who is seven years of age or older, from any one political action 2320
committee, ~~from any onepoliticalcontributing entity~~, or from 2321
any one other campaign committee in a primary election period or 2322
in a general election period; 2323

       (iii) Accept a contribution or contributions aggregating more 2324
than two hundred fifty thousand dollars from any one or 2325
combination of state candidate funds of county political parties 2326
in a primary election period or in a general election period. 2327

       (b) No campaign committee of a statewide candidate shall 2328
accept a contribution or contributions aggregating more than two 2329
thousand five hundred dollars in a primary election period or in a 2330
general election period from a county political party that has no 2331
state candidate fund and that is located in a county having a 2332
population of less than one hundred fifty thousand. 2333

       (2)(a) Subject to division (D)(1) of this section and except 2334
for a designated state campaign committee, no campaign committee 2335
of a senate candidate shall ~~accept a~~do either of the following: 2336

       (i) Knowingly accept a contribution or contributions from any 2337
individual who is under seven years of age; 2338

       (ii) Accept a contribution or contributions aggregating more 2339
than ~~two~~ten thousand ~~five hundred~~ dollars from any one individual 2340
who is seven years of age or older, from any one political action 2341
committee, ~~from any one political contributing entity,~~ from any 2342
one state candidate fund of a county political party, or from any 2343
one other campaign committee in a primary election period or in a 2344
general election period. 2345

       (b) No campaign committee of a senate candidate shall accept 2346
a contribution or contributions aggregating more than two thousand 2347
five hundred dollars in a primary election period or in a general 2348
election period from a county political party that has no state 2349
candidate fund and that is located in a county having a population 2350
of less than one hundred fifty thousand. 2351

       (3)(a) Subject to division (D)(1) of this section and except 2352
for a designated state campaign committee, no campaign committee 2353
of a house candidate shall ~~accept a~~do either of the following: 2354

       (i) Knowingly accept a contribution or contributions from any 2355
individual who is under seven years of age; 2356

       (ii) Accept a contribution or contributions aggregating more 2357
than ~~two~~ten thousand ~~five hundred~~ dollars from any one individual 2358
who is seven years of age or older, from any one political action 2359
committee, ~~from any one political contributing entity,~~ from any 2360
one state candidate fund of a county political party, or from any 2361
one other campaign committee in a primary election period or in a 2362
general election period. 2363

       (b) No campaign committee of a house candidate shall accept a 2364
contribution or contributions aggregating more than two thousand 2365
five hundred dollars in a primary election period or in a general 2366
election period from a county political party that has no state 2367
candidate fund and that is located in a county having a population 2368
of less than one hundred fifty thousand. 2369

       (4)(a)(i) Subject to division ~~(D)(1)~~(C)(4)(a)(ii) of this 2370
section and except for a designated state campaign committee, no 2371
county political party shall knowingly accept a contribution or 2372
contributions from any individual who is under seven years of age, 2373
or accept a contribution or contributions for the party's state 2374
candidate fund aggregating more than ~~five~~ten thousand dollars 2375
from any one individual,whose designated Ohio residence is 2376
located within that county and who is seven years of age or older 2377
or from any one ~~political action committee, from any one political~~ 2378
~~contributing entity, or from any one campaign committee, other~~ 2379
~~than a designated state~~ campaign committee, in a calendar year. 2380

       (ii) Subject to division (D)(1) of this section, no county 2381
political party shall accept a contribution or contributions for 2382
the party's state candidate fund from any individual whose 2383
designated Ohio residence is located outside of that county and 2384
who is seven years of age or older, from any campaign committee 2385
unless the campaign committee's candidate will appear on a ballot 2386
in that county or unless the campaign committee's candidate is the 2387
holder of an elected public office that represents all or part of 2388
the population of that county at the time the contribution is 2389
accepted, or from any political action committee. 2390

       (iii) No county political party shall accept a contribution 2391
or contributions from any other county political party. 2392

       (b) Subject to division (D)(1) of this section, no state 2393
political party shall ~~accept a~~do either of the following: 2394

       (i) Knowingly accept a contribution or contributions from any 2395
individual who is under seven years of age; 2396

       (ii) Accept a contribution or contributions for the party's 2397
state candidate fund aggregating more than ~~fifteen~~thirty thousand 2398
dollars from any one individual who is seven years of age or 2399
older, from any one political action committee, ~~from any one~~ 2400
~~political contributing entity,~~ or from any one campaign committee, 2401
other than a designated state campaign committee, in a calendar 2402
year. 2403

       (5) Subject to division (D)(1) of this section, no 2404
legislative campaign fund shall ~~accept a~~do either of the 2405
following: 2406

       (a) Knowingly accept a contribution or contributions from any 2407
individual who is under seven years of age; 2408

       (b) Accept a contribution or contributions aggregating more 2409
than ~~five~~fifteen thousand dollars from any one individual who is 2410
seven years of age or older, from any one political action 2411
committee, ~~from any one political contributing entity,~~ or from any 2412
one campaign committee, other than a designated state campaign 2413
committee, in a calendar year. 2414

       (6)(a) No designated state campaign committee shall accept a 2415
transfer or contribution of cash or cash equivalents from a state 2416
candidate fund of a state ~~or county~~ political party aggregating in 2417
a primary election period or a general election period more than: 2418

       (i) Five hundred thousand dollars, in the case of a campaign 2419
committee of a statewide candidate; 2420

       (ii) One hundred thousand dollars, in the case of a campaign 2421
committee of a senate candidate; 2422

       (iii) Fifty thousand dollars, in the case of a campaign 2423
committee of a house candidate. 2424

       (b) No designated state campaign committee shall accept a 2425
transfer or contribution of cash or cash equivalents from a 2426
legislative ~~candidate~~campaign fund aggregating more than: 2427

       (i) Fifty thousand dollars in a primary election period or 2428
one hundred thousand dollars in a general election period, in the 2429
case of a campaign committee of a senate candidate; 2430

       (ii) Twenty-five thousand dollars in a primary election 2431
period or fifty thousand dollars in a general election period, in 2432
the case of a campaign committee of a house candidate. 2433

       (c) No campaign committee of a candidate for the office of 2434
member of the general assembly, including a designated state 2435
campaign committee, shall accept a transfer or contribution of 2436
cash or cash equivalents from any one or combination of state 2437
candidate funds of county political parties aggregating in a 2438
primary election period or a general election period more than: 2439

       (i) One hundred thousand dollars, in the case of a campaign 2440
committee of a senate candidate; 2441

       (ii) Fifty thousand dollars, in the case of a campaign 2442
committee of a house candidate. 2443

       (7)(a) Subject to division (D)(3) of this section, no 2444
political action committee ~~and no political contributing entity~~ 2445
shall ~~accept a~~do either of the following: 2446

       (i) Knowingly accept a contribution or contributions from any 2447
individual who is under seven years of age; 2448

       (ii) Accept a contribution or contributions aggregating more 2449
than ~~five~~ten thousand dollars from any one individual who is 2450
seven years of age or older, ~~or more than two thousand five~~ 2451
~~hundred dollars~~ from any one campaign committee, or from any one 2452
political party in a calendar year. 2453

       (b) Subject to division (D)(1) of this section, no political 2454
action committee shall accept a contribution or contributions 2455
aggregating more than ~~two~~ten thousand ~~five hundred~~ dollars from 2456
another political action committee ~~or from a political~~ 2457
~~contributing entity~~ in a calendar year. ~~Subject to division (D)(1)~~ 2458
~~of this section, no political contributing entity shall accept a~~ 2459
~~contribution or contributions aggregating more than two thousand~~ 2460
~~five hundred dollars from another political contributing entity or~~ 2461
~~from a political action committee in a calendar year.~~ This 2462
division does not apply to a political action committee or 2463
~~political contributing entity~~ that accepts a contribution from a 2464
political action committee ~~or political contributing entity~~ 2465
affiliated with it. For purposes of this division, a political 2466
action committee is affiliated with another political action 2467
committee ~~or political contributing entity~~ if they are 2468
established, financed, maintained, or controlled by the same 2469
corporation, organization, labor organization, continuing 2470
association, or other person, including any parent, subsidiary, 2471
division, or department of that corporation, organization, labor 2472
organization, continuing association, or other person. 2473

       (D)(1)~~(a)~~ For purposes of the limitations prescribed in 2474
division (B)(2) of this section and the limitations prescribed in 2475
divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this section, 2476
whichever is applicable, all contributions made by and all 2477
contributions accepted from political action committees that are 2478
established, financed, maintained, or controlled by the same 2479
corporation, organization, labor organization, continuing 2480
association, or other person, including any parent, subsidiary, 2481
division, or department of that corporation, organization, labor 2482
organization, continuing association, or other person, are 2483
considered to have been made by or accepted from a single 2484
political action committee. 2485

       ~~(b) For purposes of the limitations prescribed in division~~ 2486
~~(B)(7) of this section and the limitations prescribed in divisions~~ 2487
~~(C)(1), (2), (3), (4), (5), and (7)(b) of this section, whichever~~ 2488
~~is applicable, all contributions made by and all contributions~~ 2489
~~accepted from political contributing entities that are~~ 2490
~~established, financed, maintained, or controlled by, or that are,~~ 2491
~~the same corporation, organization, labor organization, continuing~~ 2492
~~association, or other person, including any parent, subsidiary,~~ 2493
~~division, or department of that corporation, organization, labor~~ 2494
~~organization, continuing association, or other person, are~~ 2495
~~considered to have been made by or accepted from a single~~ 2496
~~political contributing entity.~~ 2497

       (2) As used in divisions (B)(1)~~(f)~~(a)(vii), (B)(3)(d), 2498
(B)(4), and (C)(7) of this section, "political action committee" 2499
does not include a political action committee that is organized to 2500
support or oppose a ballot issue or question and that makes no 2501
contributions to or expenditures on behalf of a political party, 2502
campaign committee, legislative campaign fund, or political action 2503
committee~~, or political contributing entity. As used in divisions~~ 2504
~~(B)(1)(g), (B)(3)(e), (B)(4), and (C)(7) of this section,~~ 2505
~~"political contributing entity" does not include a political~~ 2506
~~contributing entity that is organized to support or oppose a~~ 2507
~~ballot issue or question and that makes no contributions to or~~ 2508
~~expenditures on behalf of a political party, campaign committee,~~ 2509
~~legislative campaign fund, political action committee, or~~ 2510
~~political contributing entity~~. 2511

       (3) For purposes of the limitations prescribed in divisions 2512
(B)(4) and (C)(7)(a) of this section, all contributions made by 2513
and all contributions accepted from a national political party, a 2514
state political party, and a county political party are considered 2515
to have been made by or accepted from a single political party and 2516
shall be combined with each other to determine whether the 2517
limitations have been exceeded. 2518

       (E)(1) If a legislative campaign fund has kept a total amount 2519
of contributions exceeding one hundred fifty thousand dollars at 2520
the close of business on the seventh day before the postgeneral 2521
election statement is required to be filed under section 3517.10 2522
of the Revised Code, the legislative campaign fund shall comply 2523
with division (E)(2) of this section. 2524

       (2)(a) Any legislative campaign fund that has kept a total 2525
amount of contributions in excess of the amount specified in 2526
division (E)(1) of this section at the close of business on the 2527
seventh day before the postgeneral election statement is required 2528
to be filed under section 3517.10 of the Revised Code shall 2529
dispose of the excess amount in the manner prescribed in division 2530
(E)(2)~~(c)~~(b)(i), (ii), or (iii) of this section not later than 2531
ninety days after the day the postgeneral election statement is 2532
required to be filed under section 3517.10 of the Revised Code. 2533
Any legislative campaign fund that is required to dispose of an 2534
excess amount of contributions under this division shall file a 2535
statement on the ninetieth day after the postgeneral election 2536
statement is required to be filed under section 3517.10 of the 2537
Revised Code indicating the total amount of contributions the fund 2538
has at the close of business on the seventh day before the 2539
postgeneral election statement is required to be filed under 2540
section 3517.10 of the Revised Code and that the excess 2541
contributions were disposed of pursuant to this division and 2542
~~divisions~~division (E)(2)(b) ~~and (c)~~ of this section. The 2543
statement shall be on a form prescribed by the secretary of state 2544
and shall contain any additional information the secretary of 2545
state considers necessary. 2546

       (b) ~~There is hereby created in the state treasury the Ohio~~ 2547
~~elections commission fund. All moneys credited to the fund shall~~ 2548
~~be used solely for the purpose of paying expenses related to the~~ 2549
~~operation of the Ohio elections commission.~~ 2550

       ~~(c)~~ Any legislative campaign fund that is required to dispose 2551
of an excess amount of contributions under division (E)(2) of this 2552
section shall dispose of that excess amount by doing any of the 2553
following: 2554

       (i) Giving the amount to the treasurer of state for deposit 2555
into the state treasury to the credit of the Ohio elections 2556
commission fund created by division (I) of section 3517.152 of the 2557
Revised Code; 2558

       (ii) Giving the amount to individuals who made contributions 2559
to that legislative campaign fund as a refund of all or part of 2560
their contributions; 2561

       (iii) Giving the amount to a corporation that is exempt from 2562
federal income taxation under subsection 501(a) and described in 2563
subsection 501(c) of the Internal Revenue Code. 2564

       (F)(1) No legislative campaign fund shall fail to file a 2565
statement required by division (E) of this section. 2566

       (2) No legislative campaign fund shall fail to dispose of 2567
excess contributions as required by division (E) of this section. 2568

       (G) Nothing in this section shall affect, be used in 2569
determining, or supersede a limitation on campaign contributions 2570
as provided for in the Federal Election Campaign Act. 2571

       Sec. 3517.103. (A)(1) For purposes of this section: 2572

       ~~(1)~~(a) "Statewide candidate" means the joint candidates for 2573
the offices of governor and lieutenant governor or a candidate for 2574
the office of secretary of state, auditor of state, treasurer of 2575
state, attorney general, or member of the state board of 2576
education. 2577

       ~~(2)~~(b)(i) "Personal funds" means contributions to the 2578
campaign committee of a candidate by the candidate or by the 2579
candidate's spouse, parents, children, sons-in-law, 2580
daughters-in-law, brothers, sisters, grandparents, mother-in-law, 2581
father-in-law, brothers-in-law, sisters-in-law, or grandparents by 2582
marriage. 2583

       ~~(3)~~(ii) A loan obtained by, guaranteed by, or for the benefit 2584
of a statewide candidate, senate candidate, or house candidate 2585
shall be considered "personal funds" subject to the provisions of 2586
this section and section 3517.1010 of the Revised Code to the 2587
extent that the loan is obtained or guaranteed by the candidate or 2588
is for the benefit of the candidate and is obtained or guaranteed 2589
by the candidate's spouse, parents, children, sons-in-law, 2590
daughters-in-law, brothers, sisters, grandparents, mother-in-law, 2591
father-in-law, brothers-in-law, sisters-in-law, or grandparents by 2592
marriage. A loan that is obtained or guaranteed and that is for 2593
the benefit of a statewide candidate, senate candidate, or house 2594
candidate shall not be considered "personal funds" for the 2595
purposes of this section and section 3517.1010 of the Revised Code 2596
but shall be considered to be a "contribution" for the purposes of 2597
this chapter if the loan is obtained or guaranteed by anyone other 2598
than the candidate or the candidate's spouse, parents, children, 2599
sons-in-law, daughters-in-law, brothers, sisters, grandparents, 2600
mother-in-law, father-in-law, brothers-in-law, sisters-in-law, or 2601
grandparents by marriage. 2602

       (iii) When a debt or other obligation incurred by a committee 2603
or by a candidate on behalf of the candidate's committee described 2604
in division (C)(1) or (2) of this section is to be paid from 2605
"personal funds," those funds are considered to be expended when 2606
the debt or other obligation is incurred, regardless of when it is 2607
paid. 2608

       ~~(4)~~(2) For purposes of ~~Chapter 3517. of the Revised Code~~this 2609
chapter, a candidate is an "opponent" when the candidate has 2610
indicated on the candidate's most recently filed designation of 2611
treasurer that the candidate seeks the same office at the same 2612
primary or general election as another candidate whose campaign 2613
committee has filed a personal funds notice required by division 2614
(C)(1) or (2) of this section. 2615

       (B)(1) Except as otherwise provided in division (B)(2) of 2616
this section, no statewide candidate or candidate for the office 2617
of member of the general assembly shall make an expenditure of 2618
personal funds to influence the results of an election for that 2619
candidate's nomination or election to office unless the personal 2620
funds are first deposited into the campaign fund of that 2621
candidate's campaign committee. 2622

       (2) A statewide candidate or candidate for the office of 2623
member of the general assembly may make an expenditure of personal 2624
funds without first depositing those funds into the campaign 2625
committee's funds as long as the aggregate total of those 2626
expenditures does not exceed five hundred dollars at any time 2627
during an election period. After the candidate's campaign 2628
committee reimburses the candidate for any direct expenditure of 2629
personal funds, the amount that was reimbursed is no longer 2630
included in the aggregate total of expenditures of personal funds 2631
subject to the five-hundred-dollar limit. 2632

       (C)(1) If the campaign committee of any statewide candidate 2633
has received or expended or expects to expend more than one 2634
hundred thousand dollars of personal funds during a primary 2635
election period or one hundred fifty thousand dollars of personal 2636
funds during a general election period, the campaign committee 2637
shall file a personal funds notice in the manner provided in 2638
division (C)(3) of this section indicating that the committee has 2639
received or expended or expects to expend more than that amount. 2640
For the purpose of this division, a joint team of candidates for 2641
governor and lieutenant governor shall be considered a single 2642
candidate and their personal funds shall be combined. 2643

       (2) If the campaign committee of any senate candidate or 2644
house candidate has received or expended or expects to expend more 2645
than twenty-five thousand dollars of personal funds during a 2646
primary election period or twenty-five thousand dollars of 2647
personal funds during a general election period, the campaign 2648
committee shall file a personal funds notice in the manner 2649
provided in division (C)(3) of this section indicating that the 2650
committee has received or expended or expects to expend more than 2651
that amount. 2652

       (3) The personal funds notice required in divisions (C)(1) 2653
and (2) of this section and the declaration of no limits required 2654
under division (D)(2) of this section shall be on a form 2655
prescribed by the secretary of state. The personal funds notice 2656
required in divisions (C)(1) and (2) of this section shall be 2657
filed not later than the earlier of the following times: 2658

       (a) One hundred twenty days before a primary election, in the 2659
case of personal funds received, expended, or expected to be 2660
expended during a primary election period, or not later than one 2661
hundred twenty days before a general election, in the case of 2662
personal funds received, expended, or expected to be expended 2663
during a general election period; 2664

       (b) Two business days after the candidate's campaign 2665
committee receives or makes an expenditure of personal funds or 2666
the candidate makes an expenditure of personal funds on behalf of 2667
the candidate's campaign committee during that election period 2668
that exceed, in the aggregate, the amount specified in division 2669
(C)(1) or (2) of this section. 2670

       The personal funds notice required under divisions (C)(1) and 2671
(2) of this section and the declaration of no limits required 2672
under division (D)(2) of this section shall be filed wherever the 2673
campaign committee files statements of contributions and 2674
expenditures under section 3517.11 of the Revised Code. The board 2675
of elections shall send to the secretary of state a copy of any 2676
personal funds notice or declaration of no limits filed by the 2677
campaign committee of a senate candidate or house candidate under 2678
division (C)(3) or (D)(2) of this section. 2679

       (D)(1) Whenever a campaign committee files a notice under 2680
division (C)(1) or (2) of this section, and the campaign committee 2681
of an opponent files a declaration of no limits pursuant to 2682
division (D)(2) of this section within thirty days of the filing 2683
of the personal funds notice under division (C)(1) or (2) of this 2684
section, the contribution limitations prescribed in section 2685
3517.102 of the Revised Code no longer apply to the campaign 2686
committee of the candidate's opponent. 2687

       (2) No campaign committee of a candidate described in 2688
division (D)(1) of this section shall accept any contribution or 2689
contributions from a contributor that exceed the limitations 2690
prescribed in section 3517.102 of the Revised Code until the 2691
committee files a declaration that the committee will accept 2692
contributions that exceed those limitations. This declaration 2693
shall be filed not later than thirty days after a candidate's 2694
opponent has filed a personal funds notice pursuant to division 2695
(C)(1) or (2) of section 3517.103 of the Revised Code, shall be 2696
referred to as the "declaration of no limits," and shall list all 2697
of the following: 2698

       (a) The amount of cash on hand in the candidate's campaign 2699
fund at the end of the day immediately preceding the day on which 2700
the candidate's campaign committee files the declaration of no 2701
limits; 2702

       (b) The value and description of all campaign assets worth 2703
five hundred dollars or more available to the candidate at the end 2704
of the day immediately preceding the day on which the candidate's 2705
campaign committee files the declaration of no limits. 2706

       (3) A candidate who was not an opponent of a candidate who 2707
filed the personal funds notice required under division (C)(3) of 2708
this section on the date the personal funds notice was filed may 2709
file the declaration of no limits pursuant to division (D)(2) of 2710
this section within thirty days after becoming an opponent of the 2711
candidate who filed the personal funds notice. 2712

       (4) If the candidate whose campaign committee filed a 2713
personal funds notice under division (C)(1) or (2) of this section 2714
fails to file a declaration of candidacy for the office listed on 2715
the designation of treasurer filed under division (D) of section 2716
3517.10 of the Revised Code or files a declaration of candidacy or 2717
nominating petition for that office and dies or withdraws, both of 2718
the following apply to the campaign committee of that candidate's 2719
opponent if the opponent has filed a declaration of no limits 2720
pursuant to division (D) of this section: 2721

       (a) No contribution from a contributor may thereafter be 2722
accepted that, when added to the aggregate total of all 2723
contributions received by that committee from that contributor 2724
during the primary election period or general election period, 2725
whichever is applicable, would cause that committee to exceed the 2726
contribution limitations prescribed in section 3517.102 of the 2727
Revised Code for the applicable election period. 2728

       (b) The statement of primary-day finances or the year-end 2729
statement required to be filed under division (E) of section 2730
3517.1010 of the Revised Code shall be filed not later than 2731
fourteen days after the date the candidate's opponent fails to 2732
file a declaration of candidacy or nominating petition by the 2733
appropriate filing deadline, or dies or withdraws. For purposes of 2734
calculating permitted funds under division (A)~~(7)~~(4) of section 2735
3517.1010 of the Revised Code, the primary or general election 2736
period, whichever is applicable, shall be considered to have ended 2737
on the filing deadline, in the case of an opponent who fails to 2738
file a declaration of candidacy or nominating petition, or on the 2739
date of the opponent's death or withdrawal. In such an event, the 2740
filing of a statement of primary-day finances or year-end finances 2741
and the disposing of any excess funds as required under division 2742
(B) of section 3517.1010 of the Revised Code satisfies the 2743
candidate's obligation to file such a statement for that election 2744
period. 2745

       (E)(1) No campaign committee shall fail to file a personal 2746
funds notice as required under division (C)(1) or (2) of this 2747
section. 2748

       (2) No campaign committee shall accept any contribution in 2749
excess of the contribution limitations prescribed in section 2750
3517.102 of the Revised Code: 2751

       (a) Unless a declaration of no limits has been filed under 2752
division (D)(2) of this section; 2753

       (b) In violation of division (D)(4) of this section once the 2754
candidate who filed a personal funds notice under division (C)(3) 2755
of this section fails to file a declaration of candidacy or 2756
nominating petition or that candidate dies or withdraws. 2757

       (3) No campaign committee that violates division (E)(1) of 2758
this section shall expend any personal funds in excess of the 2759
amount specified in division (C)(1) or (2) of this section, 2760
whichever is appropriate to the committee. 2761

       (4) The candidate of any campaign committee that violates 2762
division (E) of this section shall forfeit the candidate's 2763
nomination, if the candidate was nominated, or the office to which 2764
the candidate was elected, if the candidate was elected to office. 2765

       (F)(1) Whenever a campaign committee files a notice under 2766
division (C)(1) or (2) of this section or whenever the 2767
contribution limitations prescribed in section 3517.102 of the 2768
Revised Code do not apply to a campaign committee under division 2769
(D)(1) of this section, that committee is not a designated state 2770
campaign committee for the purpose of the limitations prescribed 2771
in section 3517.102 of the Revised Code with regard to 2772
contributions made by that campaign committee to a legislative 2773
campaign fund or to a state candidate fund of a state or county 2774
political party. 2775

       (2) Division (F)(1) of this section no longer applies to a 2776
campaign committee after both of the following occur: 2777

       (a) The primary or general election period during which the 2778
contribution limitations prescribed in section 3517.102 of the 2779
Revised Code did not apply after being removed pursuant to 2780
division (D) of this section has expired; 2781

       (b) When the campaign committee has disposed of all excess 2782
funds and excess aggregate contributions as required under section 2783
3517.1010 of the Revised Code. 2784

       Sec. 3517.104. (A) In January of each odd-numbered year, the 2785
secretary of state, in accordance with this division and division 2786
(B) of this section, shall adjust each amount specified in section 2787
3517.102 and in division (B)(4)(e) of section 3517.10 of the 2788
Revised Code. The adjustment shall be based on the yearly average 2789
of the previous two years of the Consumer Price Index for All 2790
Urban Consumers or its successive equivalent, as determined by the 2791
United States department of labor, bureau of labor statistics, or 2792
its successor in responsibility, for all items, Series A. Using 2793
the 1996 yearly average as the base year, the secretary of state 2794
shall compare the most current average consumer price index with 2795
that determined in the preceding odd-numbered year, and shall 2796
determine the percentage increase or decrease. The percentage 2797
increase or decrease shall be multiplied by the actual dollar 2798
figure for each office or entity specified in section 3517.102 of 2799
the Revised Code and by each actual dollar figure specified in 2800
division (B)(4)(e) of section 3517.10 of the Revised Code as 2801
determined in the previous odd-numbered year, and the product 2802
shall be added to or subtracted from its corresponding actual 2803
dollar figure, as necessary, for that previous odd-numbered year. 2804
~~The~~ 2805

       The resulting amount shall be rounded ~~to the nearest five~~ 2806
~~hundred dollars if the calculations are made regarding the amounts~~ 2807
~~specified in section 3517.102 of the Revised Code or~~ to the 2808
nearest twenty-five dollars if the calculations are made regarding 2809
the amounts specified in division (B)(4)(e) of section 3517.10 of 2810
the Revised Code. 2811

       If the calculations are made regarding the amounts specified 2812
in section 3517.102 of the Revised Code, the resulting amount 2813
shall not be rounded. If that resulting amount is less than one 2814
hundred dollars, the secretary of state shall retain a record of 2815
the resulting amount and the manner in which it was calculated, 2816
but shall not make an adjustment unless the resulting amount, when 2817
added to the resulting amount calculated in each prior 2818
odd-numbered year since the last adjustment was made, equals or 2819
exceeds one hundred dollars. 2820

       (B)(1) The secretary of state shall calculate the adjustment 2821
under division (A) of this section and shall report the 2822
calculations and necessary materials to the auditor of state, on 2823
or before the thirty-first day of January of each odd-numbered 2824
year. The secretary of state shall base the adjustment on the most 2825
current consumer price index that is described in division (A) of 2826
this section and that is in effect as of the first day of January 2827
of each odd-numbered year. 2828

       (2) The calculations made by the secretary of state under 2829
divisions (A) and (B)(1) of this section shall be certified by the 2830
auditor of state on or before the fifteenth day of February of 2831
each odd-numbered year. 2832

       (3) On or before the twenty-fifth day of February of each 2833
odd-numbered year, the secretary of state shall prepare a report 2834
setting forth the maximum contribution limitations under section 2835
3517.102 of the Revised Code, the maximum amounts, if any, of 2836
contributions permitted to be kept under that section, and the 2837
amounts required under division (B)(4)(e) of section 3517.10 of 2838
the Revised Code for reporting contributions and in-kind 2839
contributions at social or fund-raising activities and 2840
contributions from amounts deducted from an employee's wages and 2841
salary, as calculated and certified pursuant to divisions (A) and 2842
(B)(1) and (2) of this section. The report and all documents 2843
relating to the calculations contained in the report are public 2844
records. The report shall contain an indication of the period in 2845
which the limitations, the maximum contribution amounts, and the 2846
reporting amounts apply, a summary of how the limitations, the 2847
maximum contribution amounts, and the reporting amounts were 2848
calculated, and a statement that the report and all related 2849
documents are available for inspection and copying at the office 2850
of the secretary of state. 2851

       (4) On or before the twenty-fifth day of February of each 2852
odd-numbered year, the secretary of state shall transmit the 2853
report to the general assembly, and shall send the report by mail 2854
to the board of elections of each county. 2855

       (5) The secretary of state shall send the report by mail to 2856
each person who files a declaration of candidacy or nominating 2857
petition with the secretary of state for the office of governor, 2858
lieutenant governor, secretary of state, auditor of state, 2859
treasurer of state, attorney general, member of the state board of 2860
education, chief justice of the supreme court, or justice of the 2861
supreme court. The report shall be mailed on or before the tenth 2862
day after the filing. 2863

       (6) A board of elections shall send the report by mail to 2864
each person who files a declaration of candidacy or nominating 2865
petition with the board for the office of state representative or 2866
state senator. The report shall be mailed on or before the tenth 2867
day after the filing. 2868

       Sec. 3517.105. (A)(1) As used in this section, "public 2869
political advertising" means advertising to the general public 2870
through a broadcasting station, newspaper, magazine, poster, yard 2871
sign, or outdoor advertising facility, by direct mail, or by any 2872
other means of advertising to the general public. 2873

       (2) For purposes of this section and section 3517.20 of the 2874
Revised Code, a person is a member of a political action committee 2875
if the person makes one or more contributions to that political 2876
action committee~~, and a person is a member of a political~~ 2877
~~contributing entity if the person makes one or more contributions~~ 2878
~~to, or pays dues, membership fees, or other assessments to, that~~ 2879
~~political contributing entity~~. 2880

       (B)(1) Whenever a candidate, a campaign committee, a 2881
political action committee ~~or political contributing entity~~ with 2882
ten or more members, or a legislative campaign fund makes an 2883
independent expenditure, or whenever a political action committee 2884
~~or political contributing entity~~ with fewer than ten members makes 2885
an independent expenditure in excess of one hundred dollars for a 2886
local candidate, in excess of two hundred fifty dollars for a 2887
candidate for the office of member of the general assembly, or in 2888
excess of five hundred dollars for a statewide candidate, for the 2889
purpose of financing communications advocating the election or 2890
defeat of an identified candidate or solicits without the 2891
candidate's express consent a contribution for or against an 2892
identified candidate through public political advertising, a 2893
statement shall appear or be presented in a clear and conspicuous 2894
manner in the advertising that does both of the following: 2895

       (a) Clearly indicates that the communication or public 2896
political advertising is not authorized by the candidate or the 2897
candidate's campaign committee; 2898

       (b) Clearly identifies the candidate, campaign committee, 2899
political action committee, ~~political contributing entity,~~ or 2900
legislative campaign fund that has paid for the communication or 2901
public political advertising in accordance with section 3517.20 of 2902
the Revised Code. 2903

       (2)(a) Whenever any campaign committee, legislative campaign 2904
fund, political action committee, ~~political contributing entity,~~ 2905
or political party makes an independent expenditure in support of 2906
or opposition to any candidate, the committee, ~~entity,~~ fund, or 2907
party shall report the independent expenditure and identify the 2908
candidate on a statement prescribed by the secretary of state and 2909
filed by the committee, ~~entity,~~ fund, or ~~political~~ party as part 2910
of its statement of contributions and expenditures pursuant to 2911
division (A) of section 3517.10 and division (A) of section 2912
3517.11 of the Revised Code. 2913

       (b) Whenever any individual, partnership, or other entity, 2914
except a corporation, labor organization, campaign committee, 2915
legislative campaign fund, political action committee, ~~political~~ 2916
~~contributing entity,~~ or political party, makes one or more 2917
independent expenditures in support of or opposition to any 2918
candidate, the individual, partnership, or other entity shall file 2919
with the secretary of state in the case of a statewide candidate, 2920
or with the board of elections in the county in which the 2921
candidate files the candidate's petitions for nomination or 2922
election for district or local office, not later than the dates 2923
specified in divisions (A)(1), (2), ~~and~~ (3), and (4) of section 2924
3517.10 of the Revised Code, and, except as otherwise provided in 2925
that section, a statement itemizing all independent expenditures 2926
made during the period since the close of business on the last day 2927
reflected in the last previously filed such statement, if any. The 2928
statement shall be made on a form prescribed by the secretary of 2929
state or shall be filed by electronic means of transmission 2930
pursuant to division (G) of section 3517.106 of the Revised Code 2931
as authorized or required by that division. The statement shall 2932
indicate the date and the amount of each independent expenditure 2933
and the candidate on whose behalf it was made and shall be made 2934
under penalty of election falsification. 2935

       (C)(1) Whenever a corporation, labor organization, campaign 2936
committee, political action committee with ten or more members, or 2937
legislative campaign fund makes an independent expenditure, or 2938
whenever a political action committee with fewer than ten members 2939
makes an independent expenditure in excess of one hundred dollars 2940
for a local ballot issue or question, or in excess of five hundred 2941
dollars for a statewide ballot issue or question, for the purpose 2942
of financing communications advocating support of or opposition to 2943
an identified ballot issue or question or solicits without the 2944
express consent of the ballot issue committee a contribution for 2945
or against an identified ballot issue or question through public 2946
political advertising, a statement shall appear or be presented in 2947
a clear and conspicuous manner in the advertising that does both 2948
of the following: 2949

       (a) Clearly indicates that the communication or public 2950
political advertising is not authorized by the identified ballot 2951
issue committee; 2952

       (b) Clearly identifies the corporation, labor organization, 2953
campaign committee, legislative campaign fund, or political action 2954
committee that has paid for the communication or public political 2955
advertising in accordance with section 3517.20 of the Revised 2956
Code. 2957

       (2)(a) Whenever any corporation, labor organization, campaign 2958
committee, legislative campaign fund, political party, or 2959
political action committee makes an independent expenditure in 2960
support of or opposition to any ballot issue or question, the 2961
corporation or labor organization shall report the independent 2962
expenditure in accordance with division (C) of section 3599.03 of 2963
the Revised Code, and the campaign committee, fund, party, or 2964
political action committee shall report the independent 2965
expenditure and identify the ballot issue or question on a 2966
statement prescribed by the secretary of state and filed by the 2967
campaign committee, fund, ~~political~~ party, or political action 2968
committee as part of its statement of contributions and 2969
expenditures pursuant to division (A) of section 3517.10 and 2970
division (A) of section 3517.11 of the Revised Code. 2971

       (b) Whenever any individual, partnership, or other entity, 2972
except a corporation, labor organization, campaign committee, 2973
legislative campaign fund, political action committee, or 2974
political party, makes one or more independent expenditures in 2975
excess of one hundred dollars in support of or opposition to any 2976
ballot issue or question, the individual, partnership, or other 2977
entity shall file with the secretary of state in the case of a 2978
statewide ballot issue or question, or with the board of elections 2979
in the county that certifies the issue or question for placement 2980
on the ballot in the case of a district or local issue or 2981
question, not later than the dates specified in ~~division~~divisions 2982
(A)(1), (2), ~~and~~ (3), and (4) of section 3517.10 of the Revised 2983
Code, and, except as otherwise provided in that section, a 2984
statement itemizing all independent expenditures made during the 2985
period since the close of business on the last day reflected in 2986
the last previously filed such statement, if any. The statement 2987
shall be made on a form prescribed by the secretary of state or 2988
shall be filed by electronic means of transmission pursuant to 2989
division (G) of section 3517.106 of the Revised Code as authorized 2990
or required by that division. The statement shall indicate the 2991
date and the amount of each independent expenditure and the ballot 2992
issue or question in support of or opposition to which it was made 2993
and shall be made under penalty of election falsification. 2994

       (3) No person, campaign committee, legislative campaign fund, 2995
political action committee, corporation, labor organization, or 2996
other organization or association shall use or cause to be used a 2997
false or fictitious name in making an independent expenditure in 2998
support of or opposition to any candidate or any ballot issue or 2999
question. A name is false or fictitious if the person, campaign 3000
committee, legislative campaign fund, political action committee, 3001
corporation, labor organization, or other organization or 3002
association does not actually exist or operate, if the 3003
corporation, labor organization, or other organization or 3004
association has failed to file a fictitious name or other 3005
registration with the secretary of state, if it is required to do 3006
so, or if the person, campaign committee, legislative campaign 3007
fund, or political action committee has failed to file a 3008
designation of the appointment of a treasurer, if it is required 3009
to do so by division (D)(1) of section 3517.10 of the Revised 3010
Code. 3011

       (D) Any expenditure by a political party for the purpose of 3012
financing communications advocating the election or defeat of a 3013
candidate for judicial office shall be deemed to be an independent 3014
expenditure subject to the provisions of this section. 3015

       Sec. 3517.106. (A) As used in this section: 3016

       (1) "Statewide office" means any of the offices of governor, 3017
lieutenant governor, secretary of state, auditor of state, 3018
treasurer of state, attorney general, chief justice of the supreme 3019
court, and justice of the supreme court. 3020

       (2) "Addendum to a statement" includes an amendment or other 3021
correction to that statement. 3022

       (B)(1) The secretary of state shall store on computer the 3023
information contained in statements of contributions and 3024
expenditures and monthly statements required to be filed under 3025
section 3517.10 of the Revised Code and in statements of 3026
independent expenditures required to be filed under section 3027
3517.105 of the Revised Code by any of the following: 3028

       ~~(1)~~(a) The campaign committees of candidates for statewide 3029
office; 3030

       ~~(2)~~(b) The political action committees ~~and political~~ 3031
~~contributing entities~~ described in division (A)(1) of section 3032
3517.11 of the Revised Code; 3033

       ~~(3)~~(c) Legislative campaign funds; 3034

       ~~(4)~~(d) State political parties; 3035

       ~~(5)~~(e) Individuals, partnerships, corporations, labor 3036
organizations, or other entities that make independent 3037
expenditures in support of or opposition to a statewide candidate 3038
or a statewide ballot issue or question; 3039

       ~~(6)~~(f) The campaign committees of candidates for the office 3040
of member of the general assembly; 3041

       (g) County political parties, with respect to their state 3042
candidate funds. 3043

       (2) The secretary of state shall store on computer the 3044
information contained in disclosure of electioneering 3045
communications statements required to be filed under section 3046
3517.1011 of the Revised Code. 3047

       (3) The secretary of state shall store on computer the 3048
information contained in deposit and disbursement statements 3049
required to be filed with the office of the secretary of state 3050
under section 3517.1012 of the Revised Code. 3051

       (4) The secretary of state shall store on computer the gift 3052
and disbursement information contained in statements required to 3053
be filed with the office of the secretary of state under section 3054
3517.1013 of the Revised Code. 3055

       (C)(1) The secretary of state shall make available to the 3056
campaign committees, political action committees, ~~political~~ 3057
~~contributing entities,~~ legislative campaign funds, political 3058
parties, individuals, partnerships, corporations, labor 3059
organizations, and other entities described in division (B) of 3060
this section, and to members of the news media and other 3061
interested persons, for a reasonable fee, computer programs that 3062
are compatible with the secretary of state's method of storing the 3063
information contained in the statements. 3064

       (2) The secretary of state shall make the information 3065
required to be stored under division (B) of this section available 3066
on computer at the secretary of state's office so that, to the 3067
maximum extent feasible, individuals may obtain at the secretary 3068
of state's office any part or all of that information for any 3069
given year, subject to the limitation expressed in division (D) of 3070
this section. 3071

       (D) The secretary of state shall keep the information stored 3072
on computer under division (B) of this section for at least six 3073
years. 3074

       (E)(1) Subject to division (L) of this section and subject to 3075
the secretary of state having implemented, tested, and verified 3076
the successful operation of any system the secretary of state 3077
prescribes pursuant to division (H)(1) of this section and 3078
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised 3079
Code for the filing of campaign finance statements by electronic 3080
means of transmission, the campaign committee of each candidate 3081
for statewide office may file the statements prescribed by section 3082
3517.10 of the Revised Code by electronic means of transmission 3083
or, if the total amount of the contributions received or the total 3084
amount of the expenditures made by the campaign committee for the 3085
applicable reporting period as specified in division (A) of 3086
section 3517.10 of the Revised Code exceeds ten thousand dollars, 3087
shall file those statements by electronic means of transmission. 3088

       Except as otherwise provided in this division, within five 3089
business days after a statement filed by a campaign committee of a 3090
candidate for statewide office is received by the secretary of 3091
state by electronic or other means of transmission, the secretary 3092
of state shall make available online to the public through the 3093
internet, as provided in division (I) of this section, the 3094
contribution and expenditure information in that statement. The 3095
secretary of state shall not make available online to the public 3096
through the internet any contribution or expenditure information 3097
contained in a statement for any candidate until the secretary of 3098
state is able to make available online to the public through the 3099
internet the contribution and expenditure information for all 3100
candidates for a particular office, or until the applicable filing 3101
deadline for that statement has passed, whichever is sooner. As 3102
soon as the secretary of state has available all of ~~that~~the 3103
contribution and expenditure information for all candidates for a 3104
particular office, or as soon as the applicable filing deadline 3105
for a statement has passed, whichever is sooner, the secretary of 3106
state shall simultaneously make available online to the public 3107
through the internet the information for all candidates for a 3108
~~particular~~that office. 3109

       If a statement filed by electronic means of transmission is 3110
found to be incomplete or inaccurate after the examination of the 3111
statement for completeness and accuracy pursuant to division 3112
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign 3113
committee shall file by electronic means of transmission any 3114
addendum to the statement that provides the information necessary 3115
to complete or correct the statement or, if required by the 3116
secretary of state under that division, an amended statement. 3117

       Within five business days after the secretary of state 3118
receives from a campaign committee of a candidate for statewide 3119
office an addendum to the statement or an amended statement by 3120
electronic or other means of transmission under this division or 3121
division (B)(3)(a) of section 3517.11 of the Revised Code, the 3122
secretary of state shall make the contribution and expenditure 3123
information in the addendum or amended statement available online 3124
to the public through the internet as provided in division (I) of 3125
this section. 3126

       (2) Subject ~~to division (E)(3) of this section and subject~~ to 3127
the secretary of state having implemented, tested, and verified 3128
the successful operation of any system the secretary of state 3129
prescribes pursuant to division (H)(1) of this section and 3130
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised 3131
Code for the filing of campaign finance statements by electronic 3132
means of transmission, a political action committee ~~and a~~ 3133
~~political contributing entity~~ described in division (B)~~(2)~~(1)(b) 3134
of this section, a legislative campaign fund, and a state 3135
political party may file the statements prescribed by section 3136
3517.10 of the Revised Code by electronic means of transmission 3137
or, if the total amount of the contributions received or the total 3138
amount of the expenditures made by the political action committee, 3139
legislative campaign fund, or state political party for the 3140
applicable reporting period as specified in division (A) of 3141
section 3517.10 of the Revised Code exceeds ten thousand dollars, 3142
shall file those statements by electronic means of transmission. 3143

       Within five business days after a statement filed by a 3144
political action committee ~~or a political contributing entity~~ 3145
described in division (B)~~(2)~~(1)(b) of this section, a legislative 3146
campaign fund, or a state political party is received by the 3147
secretary of state by electronic or other means of transmission, 3148
the secretary of state shall make available online to the public 3149
through the internet, as provided in division (I) of this section, 3150
the contribution and expenditure information in that statement. 3151

       If a statement filed by electronic means of transmission is 3152
found to be incomplete or inaccurate after the examination of the 3153
statement for completeness and accuracy pursuant to division 3154
(B)(3)(a) of section 3517.11 of the Revised Code, the political 3155
action committee, ~~political contributing entity,~~ legislative 3156
campaign fund, or state political party shall file by electronic 3157
means of transmission any addendum to the statement that provides 3158
the information necessary to complete or correct the statement or, 3159
if required by the secretary of state under that division, an 3160
amended statement. 3161

       Within five business days after the secretary of state 3162
receives from a political action committee ~~or a political~~ 3163
~~contributing entity~~ described in division (B)~~(2)~~(1)(b) of this 3164
section, a legislative campaign fund, or a state political party 3165
an addendum to the statement or an amended statement by electronic 3166
or other means of transmission under this division or division 3167
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of 3168
state shall make the contribution and expenditure information in 3169
the addendum or amended statement available online to the public 3170
through the internet as provided in division (I) of this section. 3171

       (3) Subject to the secretary of state having implemented, 3172
tested, and verified the successful operation of any system the 3173
secretary of state prescribes pursuant to division (H)(1) of this 3174
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of 3175
the Revised Code for the filing of campaign finance statements by 3176
electronic means of transmission, ~~a political action committee and~~ 3177
~~a political contributing entity described in division (B)(2) of~~ 3178
~~this section, a legislative campaign fund, and~~ a ~~state~~county 3179
political party shall file the statements prescribed by section 3180
3517.10 of the Revised Code with respect to its state candidate 3181
fund by electronic means of transmission ~~if the total amount of~~ 3182
~~the contributions received or the total amount of the expenditures~~ 3183
~~made by the political action committee, political contributing~~ 3184
~~entity, legislative campaign fund, or political party for the~~ 3185
~~applicable reporting period as specified in division (A) of~~ 3186
~~section 3517.10 of the Revised Code exceeds ten thousand dollars~~ 3187
to the office of the secretary of state. 3188

       Within five business days after a statement filed by a 3189
~~political action committee or a political contributing entity~~ 3190
~~described in division (B)(2) of this section, a legislative~~ 3191
~~campaign fund, or a state~~county political party with respect to 3192
its state candidate fund is received by the secretary of state by 3193
electronic ~~or other~~ means of transmission, the secretary of state 3194
shall make available online to the public through the internet, as 3195
provided in division (I) of this section, the contribution and 3196
expenditure information in that statement. 3197

       If a statement ~~filed by electronic means of transmission~~ is 3198
found to be incomplete or inaccurate after the examination of the 3199
statement for completeness and accuracy pursuant to division 3200
(B)(3)(a) of section 3517.11 of the Revised Code, ~~the political~~ 3201
~~action committee, political contributing entity, legislative~~ 3202
~~campaign fund, or state~~a county political party shall file by 3203
electronic means of transmission any addendum to the statement 3204
that provides the information necessary to complete or correct the 3205
statement or, if required by the secretary of state under that 3206
division, an amended statement. 3207

       Within five business days after the secretary of state 3208
receives from a ~~political action committee or a political~~ 3209
~~contributing entity described in division (B)(2) of this section,~~ 3210
~~a legislative campaign fund, or a state~~county political party an 3211
addendum to the statement or an amended statement by electronic or 3212
~~other~~ means of transmission under this division or division 3213
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of 3214
state shall make the contribution and expenditure information in 3215
the addendum or amended statement available online to the public 3216
through the internet as provided in division (I) of this section. 3217

       (F)(1) Subject to division ~~(F)(4)~~(L) of this section and 3218
subject to the secretary of state having implemented, tested, and 3219
verified the successful operation of any system the secretary of 3220
state prescribes pursuant to division (H)(1) of this section and 3221
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised 3222
Code for the filing of campaign finance statements by electronic 3223
means of transmission ~~or on computer disk~~, a campaign committee of 3224
a candidate for the office of member of the general assembly or a 3225
campaign committee of a candidate for the office of judge of a 3226
court of appeals may file the statements prescribed by section 3227
3517.10 of the Revised Code in accordance with division (A)(2) of 3228
section 3517.11 of the Revised Code or by electronic means of 3229
transmission to the office of the secretary of state or, ~~until~~ 3230
~~March 1, 2004, on computer disk with the appropriate board of~~ 3231
~~elections specified in division (A)(2) of section 3517.11 of the~~ 3232
~~Revised Code~~if the total amount of the contributions received by 3233
the campaign committee for the applicable reporting period as 3234
specified in division (A) of section 3517.10 of the Revised Code 3235
exceeds ten thousand dollars, shall file those statements by 3236
electronic means of transmission to the office of the secretary of 3237
state. 3238

       Except as otherwise provided in this division, within five 3239
business days after a statement filed by a campaign committee of a 3240
candidate for the office of member of the general assembly or a 3241
campaign committee of a candidate for the office of judge of a 3242
court of appeals is received by the secretary of state by 3243
electronic or other means of transmission, the secretary of state 3244
shall make available online to the public through the internet, as 3245
provided in division (I) of this section, the contribution and 3246
expenditure information in that statement. The secretary of state 3247
shall not make available online to the public through the internet 3248
any contribution or expenditure information contained in a 3249
statement for any candidate until the secretary of state is able 3250
to make available online to the public through the internet the 3251
contribution and expenditure information for all candidates for a 3252
particular office, or until the applicable filing deadline for 3253
that statement has passed, whichever is sooner. As soon as the 3254
secretary of state has available all of ~~that~~the contribution and 3255
expenditure information for all candidates for a particular 3256
office, or as soon as the applicable filing deadline for a 3257
statement has passed, whichever is sooner, the secretary of state 3258
shall simultaneously make available online to the public through 3259
the internet the information for all candidates for ~~a particular~~ 3260
that office. 3261

       If a statement filed by electronic means of transmission or 3262
~~on computer disk~~ is found to be incomplete or inaccurate after the 3263
examination of the statement for completeness and accuracy 3264
pursuant to division (B)(3)(a) of section 3517.11 of the Revised 3265
Code, the campaign committee shall file by electronic means of 3266
transmission to the office of the secretary of state~~, or, until~~ 3267
~~March 1, 2004, on computer disk with the appropriate board of~~ 3268
~~elections if the original statement was filed on computer disk,~~ 3269
any addendum to the statement that provides the information 3270
necessary to complete or correct the statement or, if required by 3271
the secretary of state under that division, an amended statement. 3272

       Within five business days after the secretary of state 3273
receives from a campaign committee of a candidate for the office 3274
of member of the general assembly or a campaign committee of a 3275
candidate for the office of judge of a court of appeals an 3276
addendum to the statement or an amended statement by electronic or 3277
other means of transmission under this division or division 3278
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of 3279
state shall make the contribution and expenditure information in 3280
the addendum or amended statement available online to the public 3281
through the internet as provided in division (I) of this section. 3282

       (2) ~~Until March 1, 2004, if a campaign committee of a~~ 3283
~~candidate for the office of member of the general assembly files a~~ 3284
~~statement of contributions and expenditures, an addendum to the~~ 3285
~~statement, or an amended statement by electronic means of~~ 3286
~~transmission or on computer disk pursuant to division (F)(1) of~~ 3287
~~this section, the campaign committee shall file as prescribed by~~ 3288
~~section 3517.10 of the Revised Code with the appropriate board of~~ 3289
~~elections specified in division (A)(2) of section 3517.11 of the~~ 3290
~~Revised Code a printed version of the statement, addendum, or~~ 3291
~~amended statement filed by electronic means of transmission or on~~ 3292
~~computer disk, in the format that the secretary of state shall~~ 3293
~~prescribe.~~ 3294

        If a statement, addendum, or amended statement is not filed 3295
by electronic means of transmission ~~or on computer disk~~to the 3296
office of the secretary of state but is filed by printed version 3297
only under division (A)(2) of section 3517.11 of the Revised Code 3298
with the appropriate board of elections, the campaign committee of 3299
a candidate for the office of member of the general assembly or a 3300
campaign committee of a candidate for the office of judge of a 3301
court of appeals shall file two copies of the printed version of 3302
the statement, addendum, or amended statement with the ~~appropriate~~ 3303
board of elections. The board of elections shall send one of those 3304
copies by overnight delivery service to the secretary of state 3305
before the close of business on the day the board of elections 3306
receives the statement, addendum, or amended statement. 3307

       ~~(3)(a) Subject to division (F)(4) of this section and subject~~ 3308
~~to the secretary of state having implemented, tested, and verified~~ 3309
~~the successful operation of any system the secretary of state~~ 3310
~~prescribes pursuant to division (H)(1) of this section and~~ 3311
~~divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised~~ 3312
~~Code for the filing of campaign finance statements by electronic~~ 3313
~~means of transmission or on computer disk, the secretary of state~~ 3314
~~shall assess, and a campaign committee of a candidate for the~~ 3315
~~office of member of the general assembly shall pay, a fee as~~ 3316
~~provided in this division if the campaign committee has not filed~~ 3317
~~the campaign finance statements prescribed by section 3517.10 of~~ 3318
~~the Revised Code by electronic means of transmission or on~~ 3319
~~computer disk pursuant to division (F)(1) of this section. The fee~~ 3320
~~shall be calculated on the total contributions received for the~~ 3321
~~applicable reporting period specified in division (A) of section~~ 3322
~~3517.10 of the Revised Code as follows:~~ 3323

       ~~(i) No fee for total contributions up to and including ten~~ 3324
~~thousand dollars;~~ 3325

       ~~(ii) A fee of fifty dollars for total contributions of over~~ 3326
~~ten thousand dollars up to and including twenty-five thousand~~ 3327
~~dollars;~~ 3328

       ~~(iii) A fee of one hundred fifty dollars for total~~ 3329
~~contributions over twenty-five thousand dollars up to and~~ 3330
~~including fifty thousand dollars;~~ 3331

       ~~(iv) A fee of two hundred dollars for total contributions~~ 3332
~~over fifty thousand dollars.~~ 3333

       ~~(b) No campaign committee of a candidate for the office of~~ 3334
~~member of the general assembly shall be required to pay the fee~~ 3335
~~prescribed by division (F)(3)(a) of this section in connection~~ 3336
~~with the filing of an addendum to a statement of contributions and~~ 3337
~~expenditures or in connection with the filing of an amended~~ 3338
~~statement.~~ 3339

       ~~(c) The fee prescribed by division (F)(3)(a) of this section~~ 3340
~~shall be made payable to the secretary of state and shall be~~ 3341
~~collected by the appropriate board of elections at the time the~~ 3342
~~campaign committee of a candidate for the office of member of the~~ 3343
~~general assembly files the statement of contributions and~~ 3344
~~expenditures. The fee shall be sent along with the statement,~~ 3345
~~before the close of business on the day it is received, to the~~ 3346
~~secretary of state by overnight delivery service.~~ 3347

       ~~(4) Subject to the secretary of state having implemented,~~ 3348
~~tested, and verified the successful operation of any system the~~ 3349
~~secretary of state prescribes pursuant to division (H)(1) of this~~ 3350
~~section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of~~ 3351
~~the Revised Code for the filing of campaign finance statements by~~ 3352
~~electronic means of transmission, on and after March 1, 2004, a~~ 3353
~~campaign committee of a candidate for the office of member of the~~ 3354
~~general assembly shall file the statements prescribed by section~~ 3355
~~3517.10 of the Revised Code by electronic means of transmission to~~ 3356
~~the secretary of state if the total amount of the contributions~~ 3357
~~received by the campaign committee for the applicable reporting~~ 3358
~~period as specified in division (A) of section 3517.10 of the~~ 3359
~~Revised Code exceeds ten thousand dollars.~~ 3360

       ~~Except as otherwise provided in this division, within five~~ 3361
~~business days after a statement filed by a campaign committee of a~~ 3362
~~candidate for the office of member of the general assembly is~~ 3363
~~received by the secretary of state by electronic or other means of~~ 3364
~~transmission, the secretary of state shall make available online~~ 3365
~~to the public through the internet, as provided in division (I) of~~ 3366
~~this section, the contribution and expenditure information in that~~ 3367
~~statement. The secretary of state shall not make available online~~ 3368
~~to the public through the internet any contribution or expenditure~~ 3369
~~information contained in a statement for any candidate until the~~ 3370
~~secretary of state is able to make available online to the public~~ 3371
~~through the internet the contribution and expenditure information~~ 3372
~~for all candidates for a particular office. As soon as the~~ 3373
~~secretary of state has available all of that information, the~~ 3374
~~secretary of state shall simultaneously make available online to~~ 3375
~~the public through the internet the information for all candidates~~ 3376
~~for a particular office.~~ 3377

       ~~If a statement filed by electronic means of transmission is~~ 3378
~~found to be incomplete or inaccurate after the examination of the~~ 3379
~~statement for completeness and accuracy pursuant to division~~ 3380
~~(B)(3)(a) of section 3517.11 of the Revised Code, the campaign~~ 3381
~~committee of a candidate for the office of member of the general~~ 3382
~~assembly shall file by electronic means of transmission any~~ 3383
~~addendum to the statement that provides the information necessary~~ 3384
~~to complete or correct the statement or, if required by the~~ 3385
~~secretary of state under that division, an amended statement.~~ 3386

       ~~Within five business days after the secretary of state~~ 3387
~~receives from a campaign committee of a candidate for the office~~ 3388
~~of member of the general assembly an addendum to the statement or~~ 3389
~~an amended statement by electronic or other means of transmission~~ 3390
~~under this division or division (B)(3)(a) of section 3517.11 of~~ 3391
~~the Revised Code, the secretary of state shall make the~~ 3392
~~contribution and expenditure information in the addendum or~~ 3393
~~amended statement available online to the public through the~~ 3394
~~internet as provided in division (I) of this section.~~ 3395

       (G)~~(1)~~ Subject ~~to division (G)(2) of this section and subject~~ 3396
to the secretary of state having implemented, tested, and verified 3397
the successful operation of any system the secretary of state 3398
prescribes pursuant to division (H)(1) of this section and 3399
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised 3400
Code for the filing of campaign finance statements by electronic 3401
means of transmission, any individual, partnership, or other 3402
entity that makes independent expenditures in support of or 3403
opposition to a statewide candidate or a statewide ballot issue or 3404
question as provided in division (B)(2)(b) or (C)(2)(b) of section 3405
3517.105 of the Revised Code may file the statement specified in 3406
that division by electronic means of transmission or, if the total 3407
amount of independent expenditures made during the reporting 3408
period under that division exceeds ten thousand dollars, shall 3409
file the statement specified in that division by electronic means 3410
of transmission. 3411

       Within five business days after a statement filed by an 3412
individual, partnership, or other entity is received by the 3413
secretary of state by electronic or other means of transmission, 3414
the secretary of state shall make available online to the public 3415
through the internet, as provided in division (I) of this section, 3416
the expenditure information in that statement. 3417

       If a statement filed by electronic means of transmission is 3418
found to be incomplete or inaccurate after the examination of the 3419
statement for completeness and accuracy pursuant to division 3420
(B)(3)(a) of section 3517.11 of the Revised Code, the individual, 3421
partnership, or other entity shall file by electronic means of 3422
transmission any addendum to the statement that provides the 3423
information necessary to complete or correct the statement or, if 3424
required by the secretary of state under that division, an amended 3425
statement. 3426

       Within five business days after the secretary of state 3427
receives from an individual, partnership, or other entity 3428
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105 3429
of the Revised Code an addendum to the statement or an amended 3430
statement by electronic or other means of transmission under this 3431
division or division (B)(3)(a) of section 3517.11 of the Revised 3432
Code, the secretary of state shall make the expenditure 3433
information in the addendum or amended statement available online 3434
to the public through the internet as provided in division (I) of 3435
this section. 3436

       ~~(2) Subject to the secretary of state having implemented,~~ 3437
~~tested, and verified the successful operation of any system the~~ 3438
~~secretary of state prescribes pursuant to division (H)(1) of this~~ 3439
~~section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of~~ 3440
~~the Revised Code for the filing of campaign finance statements by~~ 3441
~~electronic means of transmission, any individual, partnership, or~~ 3442
~~other entity that makes independent expenditures in support of or~~ 3443
~~opposition to a statewide candidate or a statewide ballot issue or~~ 3444
~~question as provided in division (B)(2)(b) or (C)(2)(b) of section~~ 3445
~~3517.105 of the Revised Code shall file the statement specified in~~ 3446
~~that division by electronic means of transmission if the total~~ 3447
~~amount of the independent expenditures made during the reporting~~ 3448
~~period under that division exceeds ten thousand dollars.~~ 3449

       ~~Within five business days after a statement filed by an~~ 3450
~~individual, partnership, or other entity is received by the~~ 3451
~~secretary of state by electronic or other means of transmission,~~ 3452
~~the secretary of state shall make available online to the public~~ 3453
~~through the internet, as provided in division (I) of this section,~~ 3454
~~the expenditure information in that statement.~~ 3455

       ~~If a statement filed by electronic means of transmission is~~ 3456
~~found to be incomplete or inaccurate after the examination of the~~ 3457
~~statement for completeness and accuracy pursuant to division~~ 3458
~~(B)(3)(a) of section 3517.11 of the Revised Code, the individual,~~ 3459
~~partnership, or other entity shall file by electronic means of~~ 3460
~~transmission any addendum to the statement that provides the~~ 3461
~~information necessary to complete or correct the statement or, if~~ 3462
~~required by the secretary of state under that division, an amended~~ 3463
~~statement.~~ 3464

       ~~Within five business days after the secretary of state~~ 3465
~~receives from an individual, partnership, or other entity~~ 3466
~~described in division (B)(2)(b) or (C)(2)(b) of section 3517.105~~ 3467
~~of the Revised Code an addendum to the statement or an amended~~ 3468
~~statement by electronic or other means of transmission under this~~ 3469
~~division or division (B)(3)(a) of section 3517.11 of the Revised~~ 3470
~~Code, the secretary of state shall make the expenditure~~ 3471
~~information in the addendum or amended statement available online~~ 3472
~~to the public through the internet as provided in division (I) of~~ 3473
~~this section.~~ 3474

       (H)(1) The secretary of state, by rule adopted pursuant to 3475
section 3517.23 of the Revised Code, shall prescribe one or more 3476
techniques by which a person who executes and transmits by 3477
electronic means a statement of contributions and expenditures, a 3478
statement of independent expenditures, a disclosure of 3479
electioneering communications statement, a deposit and 3480
disbursement statement, or a gift and disbursement statement, an 3481
addendum to ~~either statement~~any of those statements, an amended 3482
statement of contributions and expenditures, or an amended 3483
statement of independent expenditures, an amended disclosure of 3484
electioneering communications statement, an amended deposit and 3485
disbursement statement, or an amended gift and disbursement 3486
statement, under this section or section 3517.10 or, 3517.105, 3487
3517.1011, 3517.1012, or 3517.1013 of the Revised Code shall 3488
electronically sign the statement, addendum, or amended statement. 3489
Any technique prescribed by the secretary of state pursuant to 3490
this division shall create an electronic signature that satisfies 3491
all of the following: 3492

       (a) It is unique to the signer. 3493

       (b) It objectively identifies the signer. 3494

       (c) It involves the use of a signature device or other means 3495
or method that is under the sole control of the signer and that 3496
cannot be readily duplicated or compromised. 3497

       (d) It is created and linked to the electronic record to 3498
which it relates in a manner that, if the record or signature is 3499
intentionally or unintentionally changed after signing, the 3500
electronic signature is invalidated. 3501

       (2) An electronic signature prescribed by the secretary of 3502
state under division (H)(1) of this section shall be attached to 3503
or associated with the statement of contributions and 3504
expenditures, the statement of independent expenditures, the 3505
disclosure of electioneering communications statement, the deposit 3506
and disbursement statement, or the gift and disbursement 3507
statement, the addendum to ~~either statement~~any of those 3508
statements, the amended statement of contributions and 3509
expenditures, or the amended statement of independent 3510
expenditures, the amended disclosure of electioneering 3511
communications statement, the amended deposit and disbursement 3512
statement, or the amended gift and disbursement statement that is 3513
executed and transmitted by electronic means by the person to whom 3514
the electronic signature is attributed. The electronic signature 3515
that is attached to or associated with the statement, addendum, or 3516
amended statement under this division shall be binding on all 3517
persons and for all purposes under the campaign finance reporting 3518
law as if the signature had been handwritten in ink on a printed 3519
form ~~of the statement, addendum, or amended statement~~. 3520

       (I) The secretary of state shall make the contribution and 3521
expenditure, the contribution and disbursement, the deposit and 3522
disbursement, or the gift and disbursement information in all 3523
statements, all addenda to the statements, and all amended 3524
statements that are filed with the secretary of state by 3525
electronic or other means of transmission under this section or 3526
section 3517.10, 3517.105, 3517.1011, 3517.1012, 3517.1013, or 3527
3517.11 of the Revised Code available online to the public by any 3528
means that are searchable, viewable, and accessible through the 3529
internet. 3530

       (J)(1) As used in this division, "library" means a library 3531
that is open to the public and that is one of the following: 3532

       (a) A library that is maintained and regulated under section 3533
715.13 of the Revised Code; 3534

       (b) A library that is created, maintained, and regulated 3535
under Chapter 3375. of the Revised Code. 3536

       (2) The secretary of state shall notify all libraries of the 3537
location on the internet at which the contribution and 3538
expenditure, contribution and disbursement, deposit and 3539
disbursement, or gift and disbursement information in campaign 3540
finance statements required to be made available online to the 3541
public through the internet pursuant to division (I) of this 3542
section may be accessed. 3543

       If that location is part of ~~the graphical subnetwork called~~ 3544
the world wide web and if the secretary of state has notified a 3545
library of that world wide web location as required by this 3546
division, the library shall include a link to that world wide web 3547
location on each internet-connected computer it maintains that is 3548
accessible to the public. 3549

       (3) If the system the secretary of state prescribes for the 3550
filing of campaign finance statements by electronic means of 3551
transmission pursuant to division (H)(1) of this section and 3552
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised 3553
Code includes filing those statements through the internet via an 3554
~~interactive location on the graphical subnetwork called~~ the world 3555
wide web, the secretary of state shall notify all libraries of the 3556
world wide web location at which those statements may be filed. 3557

       If those statements may be filed through the internet via an 3558
~~interactive location on the graphical subnetwork called~~ the world 3559
wide web and if the secretary of state has notified a library of 3560
that world wide web location as required by this division, the 3561
library shall include a link to that world wide web location on 3562
each internet-connected computer it maintains that is accessible 3563
to the public. 3564

       (K) It is an affirmative defense to a complaint or charge 3565
brought against any campaign committee, political action 3566
committee, legislative campaign fund, or political party, 3567
~~political contributing entity, or~~any individual, partnership, or 3568
other entity, or any person making disbursements to pay the direct 3569
costs of producing or airing electioneering communications, for 3570
the failure to file by electronic means of transmission a campaign 3571
finance statement as required by this section or section 3517.10 3572
or, 3517.105, 3517.1011, 3517.1012, or 3517.1013 of the Revised 3573
Code that all of the following apply to the campaign committee, 3574
political action committee, legislative campaign fund, or 3575
political party, ~~political contributing entity, or~~the individual, 3576
partnership, or other entity, or the person making disbursements 3577
to pay the direct costs of producing or airing electioneering 3578
communications, that failed to so file ~~the required statement~~: 3579

       (1) The campaign committee, political action committee, 3580
legislative campaign fund, or political party, ~~political~~ 3581
~~contributing entity, or~~the individual, partnership, or other 3582
entity, or the person making disbursements to pay the direct costs 3583
of producing or airing electioneering communications attempted to 3584
file by electronic means of transmission the required statement 3585
prior to the deadline set forth in the applicable section. 3586

       (2) The campaign committee, political action committee, 3587
legislative campaign fund, or political party, ~~political~~ 3588
~~contributing entity, or~~the individual, partnership, or other 3589
entity, or the person making disbursements to pay the direct costs 3590
of producing or airing electioneering communications was unable to 3591
file by electronic means of transmission due to an expected or 3592
unexpected shutdown of the whole or part of the electronic 3593
campaign finance statement-filing system, such as for maintenance 3594
or because of hardware, software, or network connection failure. 3595

       (3) The campaign committee, political action committee, 3596
legislative campaign fund, or political party, ~~political~~ 3597
~~contributing entity, or~~the individual, partnership, or other 3598
entity, or the person making disbursements to pay the direct costs 3599
of producing or airing electioneering communications filed by 3600
electronic means of transmission the required statement within a 3601
reasonable period of time after being unable to so file it under 3602
the circumstance described in division (K)(2) of this section. 3603

       (L)(1) The secretary of state shall adopt rules pursuant to 3604
Chapter 119. of the Revised Code to permit a campaign committee of 3605
a candidate for statewide office that makes expenditures of less 3606
than twenty-five thousand dollars during the filing period or a 3607
campaign committee for the office of member of the general 3608
assembly or the office of judge of a court of appeals that would 3609
otherwise be required to file campaign finance statements by 3610
electronic means of transmission under division (E) or (F) of this 3611
section to file those statements by paper with the office of the 3612
secretary of state. Those rules shall provide for all of the 3613
following: 3614

       (a) An eligible campaign committee that wishes to file a 3615
campaign finance statement by paper instead of by electronic means 3616
of transmission shall file the statement on paper with the office 3617
of the secretary of state not sooner than twenty-four hours after 3618
the end of the filing period set forth in section 3517.10 of the 3619
Revised Code that is covered by the applicable statement. 3620

       (b) The statement shall be accompanied by a fee, the amount 3621
of which the secretary of state shall determine by rule. The 3622
amount of the fee established under this division shall not exceed 3623
the data entry and data verification costs the secretary of state 3624
will incur to convert the information on the statement to an 3625
electronic format as required under division (I) of this section. 3626

       (c) The secretary of state shall arrange for the information 3627
in campaign finance statements filed pursuant to division (L) of 3628
this section to be made available online to the public through the 3629
internet in the same manner, and at the same times, as information 3630
is made available under divisions (E), (F), and (I) of this 3631
section for candidates whose campaign committees file those 3632
statements by electronic means of transmission. 3633

       (d) The candidate of an eligible campaign committee that 3634
intends to file a campaign finance statement pursuant to division 3635
(L) of this section shall file an affidavit indicating that the 3636
candidate's campaign committee intends to so file and stating that 3637
filing the statement by electronic means of transmission would 3638
constitute a hardship for the candidate or for the eligible 3639
campaign committee. 3640

       (e) An eligible campaign committee that files a campaign 3641
finance statement on paper pursuant to division (L) of this 3642
section shall review the contribution and information made 3643
available online by the secretary of state with respect to that 3644
paper filing and shall notify the secretary of state of any errors 3645
with respect to that filing that appear in the data made available 3646
on that web site. 3647

       (f) If an eligible campaign committee whose candidate has 3648
filed an affidavit in accordance with rules adopted under division 3649
(L)(1)(d) of this section subsequently fails to file that 3650
statement on paper by the applicable deadline established in rules 3651
adopted under division (L)(1)(a) of this section, penalties for 3652
the late filing of the campaign finance statement shall apply to 3653
that campaign committee for each day after that paper filing 3654
deadline, as if the campaign committee had filed the statement 3655
after the applicable deadline set forth in division (A) of section 3656
3517.10 of the Revised Code. 3657

       (2) The process for permitting campaign committees that would 3658
otherwise be required to file campaign finance statements by 3659
electronic means of transmission to file those statements on paper 3660
with the office of the secretary of state that is required to be 3661
developed under division (L)(1) of this section shall be in effect 3662
and available for use by eligible campaign committees for all 3663
campaign finance statements that are required to be filed on or 3664
after June 30, 2005. Notwithstanding any provision of the Revised 3665
Code to the contrary, if the process the secretary of state is 3666
required to develop under division (L)(1) of this section is not 3667
in effect and available for use on and after June 30, 2005, all 3668
penalties for the failure of campaign committees to file campaign 3669
finance statements by electronic means of transmission shall be 3670
suspended until such time as that process is in effect and 3671
available for use. 3672

       (3) Notwithstanding any provision of the Revised Code to the 3673
contrary, any eligible campaign committee that files campaign 3674
finance statements on paper with the office of the secretary of 3675
state pursuant to division (L)(1) of this section shall be deemed 3676
to have filed those campaign finance statements by electronic 3677
means of transmission to the office of the secretary of state. 3678

       Sec. 3517.108. (A) As used in divisions (A) and (B) of this 3679
section: 3680

       (1) "Candidate" has the same meaning as in section 3517.01 of 3681
the Revised Code but includes only candidates for the offices of 3682
governor, lieutenant governor, secretary of state, auditor of 3683
state, treasurer of state, attorney general, member of the state 3684
board of education, member of the general assembly, chief justice 3685
of the supreme court, and justice of the supreme court. 3686

       (2) A "general election period" begins on the day after the 3687
primary election immediately preceding the general election at 3688
which a candidate seeks an office specified in division (A)(1) of 3689
this section and ends on the thirty-first day of December 3690
following that general election. 3691

       (3) A "primary election period" begins on the first day of 3692
January of the year following the year in which the general 3693
election was held for the office that the candidate seeks, 3694
including any mid-term election, and ends on the day of the 3695
primary election. 3696

       (B) Whenever the campaign committee of a candidate has unpaid 3697
debt at the end of a primary election period or at the end of a 3698
general election period, the committee may accept additional 3699
contributions during the immediately following election period up 3700
to the applicable limitation prescribed under section 3517.102 of 3701
the Revised Code from any individual, political action committee, 3702
~~political contributing entity,~~ or other campaign committee who, 3703
during the primary or general election period for which debt 3704
remains unpaid, has contributed less than the contribution 3705
limitations prescribed under section 3517.102 of the Revised Code 3706
applicable to that individual, political action committee, 3707
~~political contributing entity,~~ or other campaign committee. Any 3708
additional contribution that a campaign committee accepts under 3709
this division shall count toward the applicable limitations 3710
prescribed under section 3517.102 of the Revised Code for that 3711
primary or general election period at the end of which the debt 3712
remains unpaid, and shall not count toward the applicable 3713
limitations for any other primary or general election period if 3714
all of the following conditions apply: 3715

       (1) The campaign committee reports, on the statement required 3716
to be filed under division (A)(2) of section 3517.10 of the 3717
Revised Code, all debt remaining unpaid at the end of the election 3718
period. The committee shall also file a separate statement, on a 3719
form prescribed by the secretary of state, at the same time that 3720
the committee is required to file a statement of contributions and 3721
expenditures under section 3517.10 of the Revised Code. The 3722
separate statement shall include the name and address of each 3723
contributor who makes an additional contribution under division 3724
(B) of this section, how the contribution was applied to pay the 3725
unpaid debt as required by division (B)(3) of this section, and 3726
the balance of the unpaid debt after each contribution was applied 3727
to it. 3728

       (2) The additional contributions are accepted only during the 3729
primary or general election period, whichever is applicable, 3730
immediately following the election period covered in the statement 3731
filed under division (B)(1) of this section. 3732

       (3) All additional contributions made under division (B) of 3733
this section are used by the campaign committee that receives them 3734
only to pay the debt of the committee reported under division 3735
(B)(1) of this section. 3736

       (4) The campaign committee maintains a separate account for 3737
all additional contributions made under division (B) of this 3738
section, and uses moneys in that account only to pay the unpaid 3739
debt reported under division (B)(1) of this section and to 3740
administer the account. 3741

       (5) The campaign committee stops accepting additional 3742
contributions after funds sufficient to repay the unpaid debt 3743
reported under division (B)(1) of this section have been raised 3744
and promptly disposes of any contributions received that exceed 3745
the amount of the unpaid debt by returning the excess 3746
contributions to the contributors or by giving the excess 3747
contributions to an organization that is exempt from federal 3748
income taxation under subsection 501(a) and described in 3749
subsection 501(c)(3), (4), (8), (10), or (19) of the Internal 3750
Revenue Code. 3751

       Sec. 3517.109. (A) As used in this section: 3752

       (1) "Candidate" has the same meaning as in section 3517.01 of 3753
the Revised Code but includes only candidates for the offices of 3754
governor, lieutenant governor, secretary of state, auditor of 3755
state, treasurer of state, attorney general, member of the state 3756
board of education, and member of the general assembly. 3757

       (2) "Statewide candidate" means the joint candidates for the 3758
offices of governor and lieutenant governor or a candidate for the 3759
office of secretary of state, auditor of state, treasurer of 3760
state, attorney general, and member of the state board of 3761
education. 3762

       (3) "Senate candidate" means a candidate for the office of 3763
state senator. 3764

       (4) "House candidate" means a candidate for the office of 3765
state representative. 3766

       (5) "State office" means the offices of governor, lieutenant 3767
governor, secretary of state, auditor of state, treasurer of 3768
state, attorney general, member of the state board of education, 3769
and member of the general assembly. 3770

       (6) "Aggregate contribution" means the total of all 3771
contributions from a contributor during the pre-filing period. 3772

       (7) "Allowable aggregate contribution" means all of the 3773
following: 3774

       (a) In the case of a contribution from a contributor whose 3775
contributions are subject to the contribution limits described in 3776
division (B)(1), (2), (3), or (6)(a)~~, or (7)~~ of section 3517.102 3777
of the Revised Code, that portion of the amount of the 3778
contributor's aggregate contribution that does not exceed the 3779
preprimary contribution limit applicable to that contributor. 3780

       (b) In the case of a contribution or contributions from a 3781
contributor whose contributions are not subject to the 3782
contribution limits described in divisions (B)(1), (2), (3), or 3783
(6)(a)~~, or (7)~~ of section 3517.102 of the Revised Code, the total 3784
of the following: 3785

       (i) That portion of the aggregate contribution that was 3786
received as in-kind services; 3787

       (ii) That portion of the aggregate contribution that was 3788
received as cash and does not exceed the applicable preprimary 3789
cash transfer or contribution limits described in division 3790
(B)(6)(b) of section 3517.102 of the Revised Code. 3791

       (8) "Excess aggregate contribution" means, for each 3792
contributor, the amount by which that contributor's aggregate 3793
contribution exceeds that contributor's allowable aggregate 3794
contribution. 3795

       (9) "Pre-filing period" means the period of time ending on 3796
the day that the candidacy petitions are due for the state office 3797
for which the candidate has filed and beginning on the latest date 3798
of the following: 3799

       (a) The first day of January of the year following the 3800
general election in which that state office was last on the 3801
ballot; 3802

       (b) The first day of January of the year following the 3803
general election in which the candidate was last a candidate for 3804
any office; 3805

       (c) The first day of the month following the primary election 3806
in which the candidate was last a candidate for any office. 3807

       (10) "Filing date" means the last date on which a candidacy 3808
petition may be filed for an office. 3809

       (11) "Applicable carry-in limit" means thirty-five thousand 3810
dollars if the candidate is a house candidate or a candidate for 3811
the state board of education, one hundred thousand dollars if the 3812
candidate is a senate candidate, and two hundred thousand dollars 3813
if the candidate is a statewide candidate other than a candidate 3814
for the state board of education. 3815

       (12) "Campaign asset" means prepaid, purchased, or donated 3816
assets available to the candidate on the date of the filing 3817
deadline for the office the candidate is seeking that will be 3818
consumed or depleted in the course of the candidate's election 3819
campaign, including, but not limited to, postage, prepaid rent for 3820
campaign headquarters, prepaid radio, television, and newspaper 3821
advertising, and other prepaid consulting and personal services. 3822

       (13) "Permitted funds" means the sum of the following: 3823

       (a) The total of the allowable aggregate contribution of each 3824
contributor; 3825

       (b) The applicable carry-in limit. 3826

       (14) "Excess funds" means the amount by which the sum of the 3827
total cash on hand and total reported campaign assets exceeds 3828
permitted funds. 3829

       (15) "Covered candidate" means both of the following: 3830

       (a) A candidate who, during the pre-filing period, accepts or 3831
has a campaign committee that accepts contributions on the 3832
candidate's behalf for the purpose of nominating or electing the 3833
candidate to any office not subject to the contribution limits 3834
prescribed in section 3517.102 of the Revised Code; 3835

       (b) A person who, during the pre-filing period, accepts or 3836
has a campaign committee that accepts contributions on the 3837
person's behalf prior to the person deciding upon or announcing 3838
the office for which the person will become a candidate for 3839
nomination or election. 3840

       (B) Each candidate who files for state office, not later than 3841
the filing date for that office, shall dispose of any excess 3842
funds. Each covered candidate who files for state office, not 3843
later than the filing date for that office, shall dispose of any 3844
excess aggregate contributions. 3845

       (C) Any campaign committee that is required to dispose of 3846
excess funds or excess aggregate contributions under division (B) 3847
of this section shall dispose of that excess amount or amounts by 3848
doing any of the following: 3849

       (1) Giving the amount to the treasurer of state for deposit 3850
into the state treasury to the credit of the Ohio elections 3851
commission fund created by division (I) of section 3517.152 of the 3852
Revised Code; 3853

       (2) Giving the amount to individuals who made contributions 3854
to that campaign committee as a refund of all or part of their 3855
contributions; 3856

       (3) Giving the amount to a corporation that is exempt from 3857
federal income taxation under subsection 501(a) and described in 3858
subsection 501(c) of the Internal Revenue Code. 3859

       (D)(1) Subject to division (D)(2) of this section, no 3860
candidate or covered candidate shall appear on the ballot, even if 3861
certified to appear on the ballot, unless the candidate's or 3862
covered candidate's campaign committee has disposed of excess 3863
funds, excess aggregate contributions, or both as required by 3864
divisions (B) and (C) of this section. 3865

       (2) If the excess aggregate contributions accepted by a 3866
covered candidate or a covered candidate's campaign committee 3867
aggregate a total of less than five thousand dollars from all 3868
contributors, that candidate shall not be prohibited from 3869
appearing on the ballot under division (D)(1) of this section. 3870

       (E)(1) The campaign committee of each candidate required to 3871
dispose of excess funds under this section shall file a report, on 3872
a form prescribed by the secretary of state, with the official or 3873
board with which the candidate is required to file statements 3874
under section 3517.11 of the Revised Code. The report shall be 3875
filed by the seventh day following the filing deadline for the 3876
office the candidate is seeking, shall indicate the amount of 3877
excess funds disposed of, and shall describe the manner in which 3878
the campaign committee disposed of the excess amount. 3879

       (2) In addition to the information required to be included in 3880
a report filed under division (E)(1) of this section, the campaign 3881
committee of each covered candidate required to dispose of excess 3882
aggregate contributions under this section shall include in that 3883
report the source and amount of each excess aggregate contribution 3884
disposed of and shall describe the manner in which the campaign 3885
committee disposed of the excess amount. 3886

       (F)(1) Each campaign committee of a candidate who has filed a 3887
declaration of candidacy or a nominating petition for a state 3888
office, not later than seven days after the ~~date of the~~ filing 3889
~~deadline~~date for the office the candidate is seeking, shall file 3890
a declaration of filing-day finances, on a form prescribed by the 3891
secretary of state, with the official or board with which the 3892
candidate is required to file statements under section 3517.11 of 3893
the Revised Code. 3894

       (2) A declaration of filing-day finances shall list all of 3895
the following: 3896

       (a) The amount of cash on hand in the candidate's campaign 3897
fund on the ~~date of the~~ filing ~~deadline~~date for the office the 3898
candidate is seeking. 3899

       (b) The value and description of all campaign assets worth 3900
five hundred dollars or more available to the candidate on the 3901
~~date of the~~ filing date. Assets purchased by the campaign shall be 3902
valued at actual cost, and in-kind contributions shall be valued 3903
at market value. 3904

       (c) The total of all aggregate contributions; 3905

       (d) The total of all allowable aggregate contributions; 3906

       (e) The applicable carry-in limit, if any. 3907

       (3) In addition to the information required to be included in 3908
a report of filing-day finances filed under division (F)(1) of 3909
this section, the campaign committee of each covered candidate 3910
shall include both of the following in that report: 3911

       (a) The total of all excess aggregate contributions; 3912

       (b) For each contributor, if any, for whom there is an excess 3913
aggregate contribution, the name, address, aggregate contribution, 3914
and excess aggregate contribution. 3915

       (G) A campaign committee of a candidate is not required to 3916
file a declaration of filing-day finances under division (F) of 3917
this section if all of the following apply: 3918

       (1) The campaign committee has not accepted, during the 3919
pre-filing period, any aggregate contribution greater than the 3920
applicable amount. 3921

       (2) The campaign committee had less than the carry-in amount 3922
in cash on hand at the beginning of the pre-filing period. 3923

       (3) The candidate files a declaration, on a form prescribed 3924
by the secretary of state, with the official or board with which 3925
the candidate is required to file statements under section 3517.11 3926
of the Revised Code not later than seven days after the ~~date of~~ 3927
~~the~~ filing ~~deadline~~date for the office that candidate is seeking, 3928
stating that the candidate's campaign committee has not accepted 3929
aggregate contributions as described in division (G)(1) of this 3930
section and has less than the carry-in amount in cash on hand as 3931
described in division (G)(2) of this section. 3932

       Sec. 3517.1011. (A) As used in this section: 3933

       (1) "Address" has the same meaning as in section 3517.10 of 3934
the Revised Code. 3935

       (2) "Broadcast, cable, or satellite communication" means a 3936
communication that is publicly distributed by a television 3937
station, radio station, cable television system, or satellite 3938
system. 3939

       (3) "Contribution" means any loan, gift, deposit, forgiveness 3940
of indebtedness, donation, advance, payment, or transfer of funds 3941
or of anything of value, including a transfer of funds from an 3942
inter vivos or testamentary trust or decedent's estate, and the 3943
payment by any person other than the person to whom the services 3944
are rendered for the personal services of another person, that is 3945
made, received, or used to pay the direct costs of producing or 3946
airing electioneering communications. 3947

       (4)(a) "Coordinated electioneering communication" means any 3948
electioneering communication that is made pursuant to any 3949
arrangement, coordination, or direction by a candidate or a 3950
candidate's campaign committee, by an officer, agent, employee, or 3951
consultant of a candidate or a candidate's campaign committee, or 3952
by a former officer, former agent, former employee, or former 3953
consultant of a candidate or a candidate's campaign committee 3954
prior to the airing, broadcasting, or cablecasting of the 3955
communication. An electioneering communication is presumed to be a 3956
"coordinated electioneering communication" when it is either of 3957
the following: 3958

       (i) Based on information about a candidate's plans, projects, 3959
or needs provided to the person making the disbursement by the 3960
candidate or the candidate's campaign committee, by an officer, 3961
agent, employee, or consultant of the candidate or the candidate's 3962
campaign committee, or by a former officer, former agent, former 3963
employee, or former consultant of the candidate or the candidate's 3964
campaign committee, with a view toward having the communication 3965
made; 3966

       (ii) Made by or through any person who is, or has been, 3967
authorized to raise or expend funds on behalf of a candidate or 3968
the candidate's campaign committee, who is, or has been, an 3969
officer, agent, employee, or consultant of the candidate or of the 3970
candidate's campaign committee, or who is, or has been, receiving 3971
any form of compensation or reimbursement from the candidate or 3972
the candidate's campaign committee or from an officer, agent, 3973
employee, or consultant of the candidate or of the candidate's 3974
campaign committee. 3975

       (b) An electioneering communication shall not be presumed to 3976
be a "coordinated electioneering communication" under division 3977
(A)(4)(a)(ii) of this section if the communication is made through 3978
any person who provides a service that does not affect the content 3979
of the communication, such as communications placed through the 3980
efforts of a media buyer, unless that person also affects the 3981
content of the communication. 3982

       (5) "Disclosure date" means both of the following: 3983

       (a) The first date during any calendar year by which a person 3984
makes disbursements for the direct costs of producing or airing 3985
electioneering communications aggregating in excess of ten 3986
thousand dollars; 3987

       (b) The same day of the week of each remaining week in the 3988
same calendar year as the day of the week of the initial 3989
disclosure date established under division (A)(5)(a) of this 3990
section, if, during that remaining week, the person makes 3991
disbursements for the direct costs of producing or airing 3992
electioneering communications aggregating in excess of one dollar. 3993

       (6)(a) "Electioneering communication" means any broadcast, 3994
cable, or satellite communication that refers to a clearly 3995
identified candidate and that is made during either of the 3996
following periods of time: 3997

       (i) If the person becomes a candidate before the day of the 3998
primary election at which candidates will be nominated for 3999
election to that office, between the date that the person becomes 4000
a candidate and the thirtieth day prior to that primary election, 4001
and between the date of the primary election and the thirtieth day 4002
prior to the general election at which a candidate will be elected 4003
to that office; 4004

       (ii) If the person becomes a candidate after the day of the 4005
primary election at which candidates were nominated for election 4006
to that office, between the date of the primary election and the 4007
thirtieth day prior to the general election at which a candidate 4008
will be elected to that office. 4009

       (b) "Electioneering communication" does not include any of 4010
the following: 4011

       (i) A communication that is publicly disseminated through a 4012
means of communication other than a broadcast, cable, or satellite 4013
television or radio station. For example, "electioneering 4014
communication" does not include communications appearing in print 4015
media, including a newspaper or magazine, handbill, brochure, 4016
bumper sticker, yard sign, poster, billboard, and other written 4017
materials, including mailings; communications over the internet, 4018
including electronic mail; or telephone communications. 4019

       (ii) A communication that appears in a news story, 4020
commentary, public service announcement, bona fide news 4021
programming, or editorial distributed through the facilities of 4022
any broadcast, cable, or satellite television or radio station, 4023
unless those facilities are owned or controlled by any political 4024
party, political committee, or candidate; 4025

        (iii) A communication that constitutes an expenditure or an 4026
independent expenditure under section 3517.01 of the Revised Code; 4027

       (iv) A communication that constitutes a candidate debate or 4028
forum or that solely promotes a candidate debate or forum and is 4029
made by or on behalf of the person sponsoring the debate or forum. 4030

       (7) "Filing date" has the same meaning as in section 3517.109 4031
of the Revised Code. 4032

       (8) "Immigration and Nationality Act" means the Immigration 4033
and Nationality Act, 110 Stat. 309 (1996), 8 U.S.C. 1101 et seq., 4034
as amended. 4035

       (9) "Person" has the same meaning as in section 1.59 of the 4036
Revised Code and includes any political organization considered 4037
exempt from income taxation under section 527 of the Internal 4038
Revenue Code. 4039

       (10) "Political committee" means any of the following: 4040

       (a) Any committee, club, association, or other group of 4041
persons that receives contributions aggregating in excess of one 4042
thousand dollars during a calendar year or that makes expenditures 4043
aggregating in excess of one thousand dollars during a calendar 4044
year; 4045

       (b) Any separate segregated fund; 4046

       (c) Any state, county, or local committee of a political 4047
party that does any of the following: 4048

       (i) Receives contributions aggregating in excess of five 4049
thousand dollars during a calendar year; 4050

       (ii) Makes payments that do not constitute contributions or 4051
expenditures aggregating in excess of five thousand dollars during 4052
a calendar year; 4053

       (iii) Makes contributions or expenditures aggregating in 4054
excess of one thousand dollars during a calendar year. 4055

       (11) "Publicly distributed" means aired, broadcast, 4056
cablecast, or otherwise disseminated for a fee. 4057

       (12) "Refers to a clearly identified candidate" means that 4058
the candidate's name, nickname, photograph, or drawing appears, or 4059
the identity of the candidate is otherwise apparent through an 4060
unambiguous reference to the person such as "the chief justice," 4061
"the governor," "member of the Ohio senate," "member of the Ohio 4062
house of representatives," "county auditor," "mayor," or "township 4063
trustee" or through an unambiguous reference to the person's 4064
status as a candidate. 4065

       (B) For the purposes of this section, a person shall be 4066
considered to have made a disbursement if the person has entered 4067
into a contract to make the disbursement. 4068

       (C) Any person intending to make a disbursement or 4069
disbursements for the direct costs of producing or airing 4070
electioneering communications, prior to making the first 4071
disbursement for the direct costs of producing or airing an 4072
electioneering communication, shall file a notice with the office 4073
of the secretary of state that the person is intending to make 4074
such disbursements. 4075

       (D)(1) Every person that makes a disbursement or 4076
disbursements for the direct costs of producing and airing 4077
electioneering communications aggregating in excess of ten 4078
thousand dollars during any calendar year shall file, within 4079
twenty-four hours of each disclosure date, a disclosure of 4080
electioneering communications statement containing the following 4081
information: 4082

       (a) The full name and address of the person making the 4083
disbursement, of any person sharing or exercising direction or 4084
control over the activities of the person making the disbursement, 4085
and of the custodian of the books and accounts of the person 4086
making the disbursement; 4087

       (b) The principal place of business of the person making the 4088
disbursement, if not an individual; 4089

       (c) The amount of each disbursement of more than one dollar 4090
during the period covered by the statement and the identity of the 4091
person to whom the disbursement was made; 4092

       (d) The nominations or elections to which the electioneering 4093
communications pertain and the names, if known, of the candidates 4094
identified or to be identified; 4095

       (e) If the disbursements were paid out of a segregated bank 4096
account that consists of funds contributed solely by individuals 4097
who are United States citizens or nationals or lawfully admitted 4098
for permanent residence as defined in section 101(a)(20) of the 4099
Immigration and Nationality Act directly to the account for 4100
electioneering communications, the information specified in 4101
division (D)(2) of this section for all contributors who 4102
contributed an aggregate amount of two hundred dollars or more to 4103
the segregated bank account and whose contributions were used for 4104
making the disbursement or disbursements required to be reported 4105
under division (D) of this section during the period covered by 4106
the statement. Nothing in this division prohibits or shall be 4107
construed to prohibit the use of funds in such a segregated bank 4108
account for a purpose other than electioneering communications. 4109

       (f) If the disbursements were paid out of funds not described 4110
in division (D)(1)(e) of this section, the information specified 4111
in division (D)(2) of this section for all contributors who 4112
contributed an aggregate amount of two hundred dollars or more to 4113
the person making the disbursement and whose contributions were 4114
used for making the disbursement or disbursements required to be 4115
reported under division (D) of this section during the period 4116
covered by the statement. 4117

       (2) For each contributor for which information is required to 4118
be reported under division (D)(1)(e) or (f) of this section, all 4119
of the following shall be reported: 4120

       (a) The month, day, and year that the contributor made the 4121
contribution or contributions aggregating two hundred dollars or 4122
more; 4123

       (b)(i) The full name and address of the contributor, and, if 4124
the contributor is a political action committee, the registration 4125
number assigned to the political action committee under division 4126
(D)(1) of section 3517.10 of the Revised Code; 4127

       (ii) If the contributor is an individual, the name of the 4128
individual's current employer, if any, or, if the individual is 4129
self-employed, the individual's occupation and the name of the 4130
individual's business, if any; 4131

       (iii) If the contribution is transmitted pursuant to section 4132
3599.031 of the Revised Code from amounts deducted from the wages 4133
and salaries of two or more employees that exceed in the aggregate 4134
one hundred dollars during the period specified in division 4135
(D)(1)(e) or (f) of this section, as applicable, the full name of 4136
the employees' employer and the full name of the labor 4137
organization of which the employees are members, if any. 4138

       (c) A description of the contribution, if other than money; 4139

       (d) The value in dollars and cents of the contribution. 4140

       (3) Subject to the secretary of state having implemented, 4141
tested, and verified the successful operation of any system the 4142
secretary of state prescribes pursuant to divisions (C)(6)(b) and 4143
(D)(6) of section 3517.10 and division (H)(1) of section 3517.106 4144
of the Revised Code for the filing of campaign finance statements 4145
by electronic means of transmission, a person shall file the 4146
disclosure of electioneering communications statement prescribed 4147
under divisions (D)(1) and (2) of this section by electronic means 4148
of transmission to the office of the secretary of state. 4149

       Within five business days after the secretary of state 4150
receives a disclosure of electioneering communications statement 4151
under this division, the secretary of state shall make available 4152
online to the public through the internet, as provided in division 4153
(I) of section 3517.106 of the Revised Code, the contribution and 4154
disbursement information in that statement. 4155

       If a filed disclosure of electioneering communications 4156
statement is found to be incomplete or inaccurate after its 4157
examination for completeness and accuracy pursuant to division 4158
(B)(3)(a) of section 3517.11 of the Revised Code, the person shall 4159
file by electronic means of transmission to the office of the 4160
secretary of state any addendum, amendment, or other correction to 4161
the statement that provides the information necessary to complete 4162
or correct the statement or, if required by the secretary of state 4163
under that division, an amended statement. 4164

       Within five business days after the secretary of state 4165
receives an addendum, amendment, or other correction to a 4166
disclosure of electioneering communications statement or an 4167
amended statement by electronic means of transmission under this 4168
division or division (B)(3)(a) of section 3517.11 of the Revised 4169
Code, the secretary of state shall make the contribution and 4170
disbursement information in the addendum, amendment, or other 4171
correction to the statement or amended statement available online 4172
to the public through the internet as provided in division (I) of 4173
section 3517.106 of the Revised Code. 4174

       (E)(1) Any person who makes a contribution for the purpose of 4175
funding the direct costs of producing or airing an electioneering 4176
communication under this section shall provide the person's full 4177
name and address to the recipient of the contribution at the time 4178
the contribution is made. 4179

       (2) Any individual who makes a contribution or contributions 4180
aggregating two hundred dollars or more for the purpose of funding 4181
the direct costs of producing or airing an electioneering 4182
communication under this section shall provide the name of the 4183
individual's current employer, if any, or, if the individual is 4184
self-employed, the individual's occupation and the name of the 4185
individual's business, if any, to the recipient of the 4186
contribution at the time the contribution is made. 4187

       (F) In each electioneering communication, a statement shall 4188
appear or be presented in a clear and conspicuous manner that does 4189
both of the following: 4190

       (1) Clearly indicates that the electioneering communication 4191
is not authorized by the candidate or the candidate's campaign 4192
committee; 4193

       (2) Clearly identifies the person making the disbursement for 4194
the electioneering communication in accordance with section 4195
3517.20 of the Revised Code. 4196

       (G) Any coordinated electioneering communication is an 4197
in-kind contribution, subject to the applicable contribution 4198
limits prescribed in section 3517.102 of the Revised Code, to the 4199
candidate by the person making disbursements to pay the direct 4200
costs of producing or airing the communication. 4201

       (H) No person shall make, during the thirty days preceding a 4202
primary election or during the thirty days preceding a general 4203
election, any broadcast, cable, or satellite communication that 4204
refers to a clearly identified candidate using any contributions 4205
received from a corporation or labor organization. 4206

       Sec. 3517.1012. (A)(1) Each state and county political party 4207
shall establish a restricted fund that is separate from all other 4208
accounts of the political party. 4209

       (2) A state or county political party shall deposit into its 4210
restricted fund all public moneys received from the Ohio political 4211
party fund under section 3517.17 of the Revised Code and all gifts 4212
that are made to or accepted by the political party from a 4213
corporation or labor organization subject to the applicable 4214
limitations prescribed in division (X) of section 3517.13 of the 4215
Revised Code. A state or county political party may deposit into 4216
its restricted fund any gifts that are made to or accepted by the 4217
political party from a source other than a corporation or labor 4218
organization. 4219

       (3) Moneys in a state or county political party's restricted 4220
fund may be disbursed to pay costs incurred for any of the 4221
purposes specified in division (A) of section 3517.18 of the 4222
Revised Code. 4223

       (B) Except as otherwise provided in this division, a state or 4224
county political party shall file deposit and disbursement 4225
statements, in the same manner as the party is required to file 4226
statements of contributions and expenditures under section 3517.10 4227
of the Revised Code, regarding all deposits made into, and all 4228
disbursements made from, the party's restricted fund. Deposit and 4229
disbursement statements filed in accordance with this division by 4230
a county political party shall be filed by electronic means of 4231
transmission to the office of the secretary of state at the times 4232
specified in division (A) of section 3517.10 of the Revised Code 4233
for the filing of statements of contributions and expenditures if 4234
the county political party accepts gifts from a corporation or 4235
labor organization under division (A)(2) of this section. 4236

       Sec. 3517.1013. (A) As used in this section: 4237

        (1) "Gift" means a gift, subscription, loan, advance, or 4238
deposit of money, or anything of value given to a state political 4239
party that is specifically designated and used to defray any cost 4240
incurred on or after the effective date of this section for voter 4241
registration, voter identification, get-out-the-vote, or generic 4242
campaign activities, and that is not used for the purpose of 4243
directly influencing the election of any individual candidate in 4244
any particular election for any office. 4245

        (2) "Address" has the same meaning as in section 3517.10 of 4246
the Revised Code. 4247

        (3) "Political party" means a major political party as 4248
defined in section 3501.01 of the Revised Code. 4249

        (B)(1) Notwithstanding section 3599.03 of the Revised Code, 4250
any person, including a for-profit or nonprofit corporation, but 4251
not including a public utility, may make a gift to a Levin account 4252
as described in division (D) of this section, if the gift is 4253
specifically designated and used to defray any cost incurred on or 4254
after the effective date of this section for voter registration, 4255
voter identification, get-out-the-vote, or generic campaign 4256
activities that would not otherwise be considered a contribution 4257
or expenditure. 4258

        (2)(a) All gifts made by a corporation, nonprofit 4259
corporation, or labor organization under division (B)(1) of this 4260
section shall be limited to an aggregate amount of ten thousand 4261
dollars in a calendar year in which a candidate for federal office 4262
will appear on a ballot at an election to be held in this state. 4263

       (b) No corporation, nonprofit corporation, or labor 4264
organization shall make a gift under division (B)(1) of this 4265
section in any year in which no candidate for federal office will 4266
appear on the ballot at an election to be held in this state. 4267

        (3) The limitation described in division (B)(2)(a) of this 4268
section is in addition to any limitation described in section 4269
3517.1012 or any other section of the Revised Code. 4270

        (C)(1) Each state political party that receives a gift under 4271
this section shall file, by electronic means of transmission to 4272
the office of the secretary of state, a full, true, and itemized 4273
statement describing the gift received and the manner in which 4274
disbursements were made from the account. The statement shall be 4275
filed at the same time as and in conjunction with each filing of a 4276
deposit and disbursement statement by the state political party in 4277
accordance with division (B) of section 3517.1012 of the Revised 4278
Code. 4279

        (2) Each statement required under division (C)(1) of this 4280
section shall contain all of the following information: 4281

        (a) The full name and address of the state political party 4282
filing the statement and the full name and address of the party's 4283
treasurer; 4284

        (b) A description of each gift received, which shall include 4285
all of the following: 4286

        (i) The month, day, and year on which the gift was received; 4287

        (ii) The full name and address of each donor of the gift; 4288

        (iii) The nature of the gift, if other than money; 4289

        (iv) The value of the gift in dollars and cents. Each gift 4290
received shall be itemized separately, regardless of its amount or 4291
value. 4292

        (c) An itemization of the manner in which each disbursement 4293
was made, which shall include all of the following: 4294

        (i) The name and address of the recipient of the 4295
disbursement; 4296

        (ii) The date of the disbursement; 4297

        (iii) The amount of the disbursement; 4298

        (iv) The method by which the disbursement was made, such as 4299
by cash or check. 4300

        (d) The total value of gifts received and gifts disbursed 4301
during the reporting period. 4302

        (D) All monetary gifts given pursuant to this section shall 4303
be deposited in an account separate from other funds and shall be 4304
maintained in that separate account, which account shall be 4305
designated a "Levin account." Moneys in a Levin account shall be 4306
used only for voter registration, voter identification, 4307
get-out-the-vote, or generic campaign activities that would not 4308
otherwise be considered a contribution or expenditure. 4309

        (E)(1) No state political party shall fail to file a 4310
statement required to be filed under this section. 4311

        (2) No state political party shall knowingly fail to report, 4312
or shall knowingly misrepresent, a gift required to be reported on 4313
a statement required to be filed under this section. 4314

        (F) No state political party shall expend or use a gift 4315
received under this section for a purpose other than to defray a 4316
cost incurred on or after the effective date of this section for 4317
voter registration, voter identification, get-out-the-vote, or 4318
generic campaign activities that would not otherwise be considered 4319
a contribution or expenditure. 4320

        (G)(1) Before receiving a gift under this section, each state 4321
political party shall appoint a treasurer and file, on a form 4322
prescribed by the secretary of state, a designation of that 4323
appointment. The designation shall include the full name and 4324
address of the political party for which the person has been 4325
appointed treasurer. The designation shall be filed with the 4326
secretary of state. 4327

        (2) The treasurer shall keep a strict account of all gifts 4328
required to be reported under this section. 4329

       (3) A state political party that has already filed the form 4330
required under division (G)(1) of this section prior to receiving 4331
a contribution or making an expenditure is considered to have met 4332
the requirements of that division. 4333

        (H) Upon request, the secretary of state shall issue a 4334
receipt for each statement filed under this section. The secretary 4335
of state shall maintain a record of the filing for at least six 4336
years. All statements filed under this section shall be open to 4337
public inspection in the office in which they are filed. 4338

       Sec. 3517.11. (A)(1) Campaign committees of candidates for 4339
statewide ~~offices~~office or the state board of education, 4340
political action committees ~~or political contributing entities~~ 4341
that make contributions to campaign committees of candidates that 4342
are required to file the statements prescribed by section 3517.10 4343
of the Revised Code with the secretary of state, political action 4344
committees ~~or political contributing entities~~ that make 4345
contributions to campaign committees of candidates for member of 4346
the general assembly, political action committees ~~or political~~ 4347
~~contributing entities~~ that make contributions to state and 4348
national political parties and to legislative campaign funds, 4349
political action committees ~~or political contributing entities~~ 4350
that receive contributions or make expenditures in connection with 4351
a statewide ballot issue, political action committees ~~or political~~ 4352
~~contributing entities~~ that make contributions to other political 4353
action committees ~~or political contributing entities~~, political 4354
parties, and campaign committees, except as set forth in division 4355
(A)(3) of this section, legislative campaign funds, and state and 4356
national political parties shall file the statements prescribed by 4357
section 3517.10 of the Revised Code with the secretary of state. 4358

       (2)(a) Except as otherwise provided in division (F) of 4359
section 3517.106 of the Revised Code, campaign committees of 4360
candidates for all other offices shall file the statements 4361
prescribed by section 3517.10 of the Revised Code with the board 4362
of elections where their candidates are required to file their 4363
petitions or other papers for nomination or election. 4364

       (b) A campaign committee of a candidate for office of member 4365
of the general assembly or a campaign committee of a candidate for 4366
the office of judge of a court of appeals shall file two copies of 4367
the printed version of any statement, addendum, or amended 4368
statement if the committee does not file ~~by electronic means of~~ 4369
~~transmission or on computer disk~~ pursuant to division (F)(1) or 4370
(L) of section 3517.106 of the Revised Code but files by printed 4371
version only with the appropriate board of elections. The board of 4372
elections shall send one of those copies by overnight delivery 4373
service to the secretary of state before the close of business on 4374
the day the board of elections receives the statement, addendum, 4375
or amended statement. 4376

       (3) Political action committees ~~or political contributing~~ 4377
~~entities~~ that only contribute to a county political party, 4378
contribute to campaign committees of candidates whose nomination 4379
or election is to be submitted only to electors within a county, 4380
subdivision, or district, excluding candidates for member of the 4381
general assembly, and receive contributions or make expenditures 4382
in connection with ballot questions or issues to be submitted only 4383
to electors within a county, subdivision, or district shall file 4384
the statements prescribed by section 3517.10 of the Revised Code 4385
with the board of elections in that county or in the county 4386
contained in whole or part within the subdivision or district 4387
having a population greater than that of any other county 4388
contained in whole or part within that subdivision or district, as 4389
the case may be. 4390

       (4) ~~County~~Except as otherwise provided in division (E)(3) of 4391
section 3517.106 of the Revised Code with respect to state 4392
candidate funds, county political parties shall file the 4393
statements prescribed by section 3517.10 of the Revised Code with 4394
the board of elections of their respective counties. 4395

       (B)(1) The official with whom petitions and other papers for 4396
nomination or election to public office are filed shall furnish 4397
each candidate at the time of that filing a copy of sections 4398
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and 4399
3599.031 of the Revised Code and any other materials that the 4400
secretary of state may require. Each candidate receiving the 4401
materials shall acknowledge their receipt in writing. 4402

       (2) On or before the tenth day before the dates on which 4403
statements are required to be filed by section 3517.10 of the 4404
Revised Code, every candidate subject to the provisions of this 4405
section and sections 3517.10 and 3517.106 of the Revised Code 4406
shall be notified of the requirements and applicable penalties of 4407
those sections. The secretary of state, by certified mail, return 4408
receipt requested, shall notify all candidates required to file 4409
those statements with the secretary of state's office. The board 4410
of elections of every county shall notify by first class mail any 4411
candidate who has personally appeared at the office of the board 4412
on or before the tenth day before the statements are required to 4413
be filed and signed a form, to be provided by the secretary of 4414
state, attesting that the candidate has been notified of the 4415
candidate's obligations under the campaign finance law. The board 4416
shall forward the completed form to the secretary of state. The 4417
board shall use certified mail, return receipt requested, to 4418
notify all other candidates required to file those statements with 4419
it. 4420

       (3)(a) Any statement required to be filed under sections 4421
3517.081 to 3517.17 of the Revised Code that is found to be 4422
incomplete or inaccurate by the officer to whom it is submitted 4423
shall be accepted on a conditional basis, and the person who filed 4424
it shall be notified by certified mail as to the incomplete or 4425
inaccurate nature of the statement. The secretary of state may 4426
examine statements filed for candidates for the office of member 4427
of the general assembly and candidates for the office of judge of 4428
a court of appeals for completeness and accuracy. The secretary of 4429
state shall examine for completeness and accuracy statements that 4430
campaign committees of candidates for the office of member of the 4431
general assembly and campaign committees of candidates for the 4432
office of judge of a court of appeals file ~~by electronic means of~~ 4433
~~transmission~~ pursuant to division (F) or (L) of section 3517.106 4434
of the Revised Code. If an officer at the board of elections where 4435
a statement filed for a candidate for the office of member of the 4436
general assembly or for a candidate for the office of judge of a 4437
court of appeals was submitted finds the statement to be 4438
incomplete or inaccurate, the officer shall immediately notify the 4439
secretary of state of its incomplete or inaccurate nature. If 4440
either an officer at the board of elections or the secretary of 4441
state finds a statement filed for a candidate for the office of 4442
member of the general assembly or for a candidate for the office 4443
of judge of a court of appeals to be incomplete or inaccurate, 4444
only the secretary of state shall send the notification as to the 4445
incomplete or inaccurate nature of the statement. 4446

       Within twenty-one days after receipt of the notice, in the 4447
case of a pre-election statement, a postelection statement, a 4448
monthly statement, or an annual statement, or a semiannual 4449
statement prescribed by section 3517.10, an annual statement 4450
prescribed by section 3517.101, or a statement prescribed by 4451
division (B)(2)(b) or (C)(2)(b) of section 3517.105 or section 4452
3517.107 of the Revised Code, the recipient shall file an 4453
addendum, amendment, or other correction to the statement 4454
providing the information necessary to complete or correct the 4455
statement. The secretary of state may require that, in lieu of 4456
filing an addendum, amendment, or other correction to a statement 4457
that is filed by electronic means of transmission to the office of 4458
the secretary of state ~~or on computer disk with the appropriate~~ 4459
~~board of elections~~ pursuant to section 3517.106 of the Revised 4460
Code, the recipient of the notice described in this division file 4461
by electronic means of transmission~~, or, until March 1, 2004, on~~ 4462
~~computer disk with the appropriate board of elections if the~~ 4463
~~original statement was filed on computer disk,~~ an amended 4464
statement that incorporates the information necessary to complete 4465
or correct the statement. ~~The~~ 4466

       The secretary of state shall determine by rule when an 4467
addendum, amendment, or other correction to aany of the following 4468
or when an amended statement of any of the following shall be 4469
filed: 4470

       (i) A two-business-day statement prescribed by section 4471
3517.10 of the Revised Code ~~or an amended two-business-day~~ 4472
~~statement shall be filed~~; 4473

       (ii) A disclosure of electioneering communications statement 4474
prescribed by division (D) of section 3517.1011 of the Revised 4475
Code; 4476

       (iii) A deposit and disbursement statement prescribed under 4477
division (B) of section 3517.1012 of the Revised Code; 4478

       (iv) A gift and disbursement statement prescribed under 4479
section 3517.1013 of the Revised Code. An 4480

       An addendum, amendment, or other correction to a statement 4481
that is filed by electronic means of transmission ~~or on computer~~ 4482
~~disk~~ pursuant to section 3517.106 of the Revised Code shall be 4483
filed in the same manner as the statement. ~~The~~ 4484

       The provisions of sections 3517.10 ~~and~~, 3517.106, 3517.1011, 4485
3517.1012, and 3517.1013 of the Revised Code pertaining to the 4486
filing of statements of contributions and expenditures ~~and~~, 4487
statements of independent expenditures, disclosure of 4488
electioneering communications statements, deposit and disbursement 4489
statements, and gift and disbursement statements by electronic 4490
means of transmission ~~or on computer disk~~ apply to the filing of 4491
addenda, amendments, or other corrections to those statements by 4492
electronic means of transmission ~~or, until March 1, 2004, on~~ 4493
~~computer disk~~ and the filing of amended statements by electronic 4494
means of transmission ~~or, until March 1, 2004, on computer disk~~. 4495

       (b) Within five business days after the secretary of state 4496
receives, by electronic or other means of transmission, an 4497
addendum, amendment, or other correction to a statement or an 4498
amended statement under division (B)(3)(a) of this section, the 4499
secretary of state, pursuant to divisions (E), (F), (G), and (I) 4500
of section 3517.106 or division (D) of section 3517.1011 of the 4501
Revised Code, shall make the contribution and expenditure, 4502
contribution and disbursement, deposit and disbursement, or gift 4503
and disbursement information in that addendum, amendment, 4504
correction, or amended statement available online to the public 4505
through the internet. 4506

       (4)(a) The secretary of state or the board of elections shall 4507
examine all statements for compliance with sections 3517.08 to 4508
3517.17 of the Revised Code. 4509

       (b) The secretary of state may contract with an individual or 4510
entity not associated with the secretary of state and experienced 4511
in interpreting the campaign finance law of this state to conduct 4512
examinations of statements filed by any statewide candidate, as 4513
defined in section 3517.103 of the Revised Code. 4514

       (c) The examination shall be conducted by a person or entity 4515
qualified to conduct it. The results of the examination shall be 4516
available to the public, and, when the examination is conducted by 4517
an individual or entity not associated with the secretary of 4518
state, the results of the examination shall be reported to the 4519
secretary of state. 4520

       (C)(1) In the event of a failure to file or a late filing of 4521
a statement required to be filed under sections 3517.081 to 4522
3517.17 of the Revised Code, or if a filed statement or any 4523
addendum, amendment, or other correction to ~~the~~a statement or any 4524
amended statement, if an addendum, amendment, or other correction 4525
or an amended statement is required to be filed, is incomplete or 4526
inaccurate or appears to disclose a failure to comply with or a 4527
violation of law, the official whose duty it is to examine the 4528
statement shall promptly file a complaint with the Ohio elections 4529
commission under section 3517.153 of the Revised Code if the law 4530
is one over which the commission has jurisdiction to hear 4531
complaints, or the official shall promptly report the failure or 4532
violation to the board of elections and the board shall promptly 4533
report it to the prosecuting attorney in accordance with division 4534
(J) of section 3501.11 of the Revised Code. If the official files 4535
a complaint with the commission, the commission shall proceed in 4536
accordance with sections 3517.154 to 3517.157 of the Revised Code. 4537

       (2) For purposes of division (C)(1) of this section, a 4538
statement or an addendum, amendment, or other correction to a 4539
statement or an amended statement required to be filed under 4540
sections 3517.081 to 3517.17 of the Revised Code is incomplete or 4541
inaccurate under this section if the statement or, addendum, 4542
amendment, other correction, or amended statement fails to 4543
disclose substantially all contributions or gifts that are 4544
received ~~from a source and that~~or deposits that are made that are 4545
required to be reported under sections 3517.10, 3517.107, ~~and~~ 4546
3517.108, 3517.1011, 3517.1012, and 3517.1013 of the Revised Code 4547
or if the statement or, addendum, amendment, other correction, or 4548
amended statement fails to disclose at least ninety per cent of 4549
the total contributions or gifts received or deposits made or of 4550
the total expenditures or disbursements made during the reporting 4551
period. 4552

       (D) No certificate of nomination or election shall be issued 4553
to a person, and no person elected to an office shall enter upon 4554
the performance of the duties of that office, until that person or 4555
that person's campaign committee, as appropriate, has fully 4556
complied with this section and sections 3517.08, 3517.081, 4557
3517.10, and 3517.13 of the Revised Code. 4558

       Sec. 3517.13. (A)(1) No campaign committee ~~for~~of a 4559
statewide candidate ~~whose candidacy for nomination or election was~~ 4560
~~submitted to electors throughout the entire state~~ shall fail to 4561
file a complete and accurate statement required under division 4562
(A)(1) of section 3517.10 of the Revised Code. 4563

       (2) No campaign committee of a statewide candidate shall fail 4564
to file a complete and accurate monthly statement, and no campaign 4565
committee of a statewide candidate or a candidate for the office 4566
of chief justice or justice of the supreme court shall fail to 4567
file a complete and accurate two-business-day statement, as 4568
required under section 3517.10 of the Revised Code. 4569

        As used in this division, "statewide candidate" has the same 4570
meaning as in division (F)(2) of section 3517.10 of the Revised 4571
Code. 4572

       (B) No campaign committee ~~for a candidate whose candidacy for~~ 4573
~~nomination or election was submitted to electors within a county~~ 4574
~~or district~~ shall fail to file a complete and accurate statement 4575
required under division (A)(1) of section 3517.10 of the Revised 4576
Code. 4577

       (C) No campaign committee shall fail to file a complete and 4578
accurate statement required under division (A)(2) of section 4579
3517.10 of the Revised Code. 4580

       (D) No campaign committee shall fail to file a complete and 4581
accurate statement required under division (A)(3) or (4) of 4582
section 3517.10 of the Revised Code. 4583

       (E) No person other than a campaign committee shall knowingly 4584
fail to file a statement required under section 3517.10 or 4585
3517.107 of the Revised Code. 4586

       (F) No person shall make cash contributions to any person 4587
totaling more than one hundred dollars in each primary, special, 4588
or general election. 4589

       (G)(1) No person shall knowingly conceal or misrepresent 4590
contributions given or received, expenditures made, or any other 4591
information required to be reported by a provision in sections 4592
3517.08 to 3517.13 and 3517.17 of the Revised Code. 4593

       (2)(a) No person shall make a contribution to a campaign 4594
committee, political action committee, legislative campaign fund, 4595
political party, or ~~political contributing entity~~person making 4596
disbursements to pay the direct costs of producing or airing 4597
electioneering communications in the name of another person. 4598

       (b) A person does not make a contribution in the name of 4599
another when either of the following applies: 4600

       (i) An individual makes a contribution from a partnership or 4601
other unincorporated business account, if the contribution is 4602
reported by listing both the name of the partnership or other 4603
unincorporated business and the name of the partner or owner 4604
making the contribution as required under division (I) of section 4605
3517.10 of the Revised Code. 4606

       (ii) A person makes a contribution in that person's spouse's 4607
name or in both of their names. 4608

       (H) No person within this state, publishing a newspaper or 4609
other periodical, shall charge a campaign committee for political 4610
advertising a rate in excess of the rate such person would charge 4611
if the campaign committee were a general rate advertiser whose 4612
advertising was directed to promoting its business within the same 4613
area as that encompassed by the particular office that the 4614
candidate of the campaign committee is seeking. The rate shall 4615
take into account the amount of space used, as well as the type of 4616
advertising copy submitted by or on behalf of the campaign 4617
committee. All discount privileges otherwise offered by a 4618
newspaper or periodical to general rate advertisers shall be 4619
available upon equal terms to all campaign committees. 4620

       No person within this state, operating a radio or television 4621
station or network of stations in this state, shall charge a 4622
campaign committee for political broadcasts a rate that exceeds: 4623

       (1) During the forty-five days preceding the date of a 4624
primary election and during the sixty days preceding the date of a 4625
general or special election in which the candidate of the campaign 4626
committee is seeking office, the lowest unit charge of the station 4627
for the same class and amount of time for the same period; 4628

       (2) At any other time, the charges made for comparable use of 4629
~~such~~that station by its other users. 4630

       (I) Subject to divisions (K), (L), (M), and (N) of this 4631
section, no agency or department of this state or any political 4632
subdivision shall award any contract, other than one let by 4633
competitive bidding or a contract incidental to such contract or 4634
which is by force account, for the purchase of goods costing more 4635
than five hundred dollars or services costing more than five 4636
hundred dollars to any individual, partnership, association, 4637
including, without limitation, a professional association 4638
organized under Chapter 1785. of the Revised Code, estate, or 4639
trust if the individual has made or the individual's spouse has 4640
made, or any partner, shareholder, administrator, executor, or 4641
trustee, or the ~~spouses~~spouse of any of them has made, as an 4642
individual, within the two previous calendar years, one or more 4643
contributions totaling in excess of one thousand dollars to the 4644
holder of the public office having ultimate responsibility for the 4645
award of the contract or to the public officer's campaign 4646
committee. 4647

       (J) Subject to divisions (K), (L), (M), and (N) of this 4648
section, no agency or department of this state or any political 4649
subdivision shall award any contract, other than one let by 4650
competitive bidding or a contract incidental to such contract or 4651
which is by force account, for the purchase of goods costing more 4652
than five hundred dollars or services costing more than five 4653
hundred dollars to a corporation or business trust, except a 4654
professional association organized under Chapter 1785. of the 4655
Revised Code, if an owner of more than twenty per cent of the 4656
corporation or business trust or the spouse of ~~such~~that person, 4657
has made, as an individual, within the two previous calendar 4658
years, taking into consideration only owners for all of ~~such~~that 4659
period, one or more contributions totaling in excess of one 4660
thousand dollars to the holder of a public office having ultimate 4661
responsibility for the award of the contract or to the public 4662
officer's campaign committee. 4663

       (K) For purposes of divisions (I) and (J) of this section, if 4664
a public officer who is responsible for the award of a contract is 4665
appointed by the governor, whether or not the appointment is 4666
subject to the advice and consent of the senate, excluding members 4667
of boards, commissions, committees, authorities, councils, boards 4668
of trustees, task forces, and other such entities appointed by the 4669
governor, the office of the governor is considered to have 4670
ultimate responsibility for the award of the contract. 4671

       (L) For purposes of divisions (I) and (J) of this section, if 4672
a public officer who is responsible for the award of a contract is 4673
appointed by the elected chief executive officer of a municipal 4674
corporation, or appointed by the elected chief executive officer 4675
of a county operating under an alternative form of county 4676
government or county charter, excluding members of boards, 4677
commissions, committees, authorities, councils, boards of 4678
trustees, task forces, and other such entities appointed by the 4679
chief executive officer, the office of the chief executive officer 4680
is considered to have ultimate responsibility for the award of the 4681
contract. 4682

       (M)(1) Divisions (I) and (J) of this section do not apply to 4683
contracts awarded by the board of commissioners of the sinking 4684
fund, municipal legislative authorities, boards of education, 4685
boards of county commissioners, boards of township trustees, or 4686
other boards, commissions, committees, authorities, councils, 4687
boards of trustees, task forces, and other such entities created 4688
by law, by the supreme court or courts of appeals, by county 4689
courts consisting of more than one judge, courts of common pleas 4690
consisting of more than one judge, or municipal courts consisting 4691
of more than one judge, or by a division of any court if the 4692
division consists of more than one judge. ~~Division (M)(1) of this~~ 4693
~~section~~This division shall apply to the specified entity only if 4694
the members of the entity act collectively in the award of a 4695
contract for goods or services. 4696

       (2) Divisions (I) and (J) of this section do not apply to 4697
actions of the controlling board. 4698

       (N)(1) Divisions (I) and (J) of this section apply to 4699
contributions made to the holder of a public office having 4700
ultimate responsibility for the award of a contract, or to the 4701
public officer's campaign committee, during the time the person 4702
holds the office and during any time such person was a candidate 4703
for the office. ~~These~~Those divisions do not apply to 4704
contributions made to, or to the campaign committee of, a 4705
candidate for or holder of the office other than the holder of the 4706
office at the time of the award of the contract. 4707

       (2) Divisions (I) and (J) of this section do not apply to 4708
contributions of a partner, shareholder, administrator, executor, 4709
trustee, or owner of more than twenty per cent of a corporation or 4710
business trust made before the person held any of those positions 4711
or after the person ceased to hold any of those positions in the 4712
partnership, association, estate, trust, corporation, or business 4713
trust whose eligibility to be awarded a contract is being 4714
determined, nor to contributions of the person's spouse made 4715
before the person held any of those positions, after the person 4716
ceased to hold any of those positions, before the two were 4717
married, or after the granting of a decree of divorce, dissolution 4718
of marriage, or ~~nullity~~annulment, or after the granting of an 4719
order in an action brought solely for legal separation. ~~These~~ 4720
Those divisions do not apply to contributions of the spouse of an 4721
individual whose eligibility to be awarded a contract is being 4722
determined made before the two were married, or after the granting 4723
of a decree of divorce, dissolution of marriage, or ~~nullity~~ 4724
annulment, or after the granting of an order in an action brought 4725
solely for legal separation. 4726

       (O) No beneficiary of a campaign fund or other person shall 4727
convert for personal use, and no person shall knowingly give to a 4728
beneficiary of a campaign fund or any other person, for the 4729
beneficiary's or any other person's personal use, anything of 4730
value from the beneficiary's campaign fund, including, without 4731
limitation, payments to a beneficiary for services the beneficiary 4732
personally performs, except as reimbursement for any of the 4733
following: 4734

       (1) Legitimate and verifiable prior campaign expenses 4735
incurred by the beneficiary; 4736

       (2) Legitimate and verifiable, ordinary, and necessary prior 4737
expenses incurred by the beneficiary in connection with duties as 4738
the holder of a public office, including, without limitation, 4739
expenses incurred through participation in nonpartisan or 4740
bipartisan events if the participation of the holder of a public 4741
office would normally be expected; 4742

       (3) Legitimate and verifiable ordinary and necessary prior 4743
expenses incurred by the beneficiary while doing any of the 4744
following: 4745

       (a) ~~Engaged~~Engaging in activities in support of or 4746
opposition to a candidate other than the beneficiary, political 4747
party, or ballot issue; 4748

       (b) Raising funds for a political party, political action 4749
committee, ~~political contributing entity,~~ legislative campaign 4750
fund, campaign committee, or other candidate; 4751

       (c) Participating in the activities of a political party, 4752
political action committee, ~~political contributing entity,~~ 4753
legislative campaign fund, or campaign committee; or 4754

       (d) Attending a political party convention or other political 4755
meeting. 4756

       For purposes of this division, an expense is incurred 4757
whenever a beneficiary has either made payment or is obligated to 4758
make payment, as by the use of a credit card or other credit 4759
procedure or by the use of goods or services received on account. 4760

       (P) No beneficiary of a campaign fund shall knowingly accept, 4761
and no person shall knowingly give to the beneficiary of a 4762
campaign fund, reimbursement for an expense under division (O) of 4763
this section to the extent that the expense previously was 4764
reimbursed or paid from another source of funds. If an expense is 4765
reimbursed under division (O) of this section and is later paid or 4766
reimbursed, wholly or in part, from another source of funds, the 4767
beneficiary shall repay the reimbursement received under division 4768
(O) of this section to the extent of the payment made or 4769
reimbursement received from the other source. 4770

       (Q) No candidate or public official or employee shall accept 4771
for personal or business use anything of value from a political 4772
party, political action committee, ~~political contributing entity,~~ 4773
legislative campaign fund, or campaign committee other than the 4774
candidate's or public official's or employee's own campaign 4775
committee, and no person shall knowingly give to a candidate or 4776
public official or employee anything of value from a political 4777
party, political action committee, ~~political contributing entity,~~ 4778
legislative campaign fund, or such a campaign committee, except 4779
for the following: 4780

       (1) Reimbursement for legitimate and verifiable, ordinary, 4781
and necessary prior expenses not otherwise prohibited by law 4782
incurred by the candidate or public official or employee while 4783
engaged in any legitimate activity of the political party, 4784
political action committee, ~~political contributing entity,~~ 4785
legislative campaign fund, or such campaign committee. Without 4786
limitation, reimbursable expenses under this division include 4787
those incurred while doing any of the following: 4788

       (a) ~~Engaged~~Engaging in activities in support of or 4789
opposition to another candidate, political party, or ballot issue; 4790

       (b) Raising funds for a political party, legislative campaign 4791
fund, campaign committee, or another candidate; or 4792

       (c) Attending a political party convention or other political 4793
meeting. 4794

       (2) Compensation not otherwise prohibited by law for actual 4795
and valuable personal services rendered under a written contract 4796
to the political party, political action committee, ~~political~~ 4797
~~contributing entity,~~ legislative campaign fund, or such campaign 4798
committee for any legitimate activity of the political party, 4799
political action committee, ~~political contributing entity,~~ 4800
legislative campaign fund, or such campaign committee. 4801

       Reimbursable expenses under this division do not include, and 4802
it is a violation of this division for a candidate or public 4803
official or employee to accept, or for any person to knowingly 4804
give to a candidate or public official or employee from a 4805
political party, political action committee, ~~political~~ 4806
~~contributing entity,~~ legislative campaign fund, or campaign 4807
committee other than the candidate's or public official's or 4808
employee's own campaign committee, anything of value for 4809
activities primarily related to the candidate's or public 4810
official's or employee's own campaign for election, except for 4811
contributions to the candidate's or public official's or 4812
employee's campaign committee. 4813

       For purposes of this division, an expense is incurred 4814
whenever a candidate or public official or employee has either 4815
made payment or is obligated to make payment, as by the use of a 4816
credit card or other credit procedure, or by the use of goods or 4817
services on account. 4818

       (R)(1) Division (O) or (P) of this section does not prohibit 4819
a campaign committee from making direct advance or post payment 4820
from contributions to vendors for goods and services for which 4821
reimbursement is permitted under division (O) of this section, 4822
except that no campaign committee shall pay its candidate or other 4823
beneficiary for services personally performed by the candidate or 4824
other beneficiary. 4825

       (2) If any expense that may be reimbursed under division (O), 4826
(P), or (Q) of this section is part of other expenses that may not 4827
be paid or reimbursed, the separation of the two types of expenses 4828
for the purpose of allocating for payment or reimbursement those 4829
expenses that may be paid or reimbursed may be by any reasonable 4830
accounting method, considering all of the surrounding 4831
circumstances. 4832

       (3) For purposes of divisions (O), (P), and (Q) of this 4833
section, mileage allowance at a rate not greater than that allowed 4834
by the internal revenue service at the time the travel occurs may 4835
be paid instead of reimbursement for actual travel expenses 4836
allowable. 4837

       (S)(1) As used in division (S) of this section: 4838

       (a) "State elective office" has the same meaning as in 4839
section 3517.092 of the Revised Code. 4840

       (b) "Federal office" means a federal office as defined in the 4841
Federal Election Campaign Act. 4842

       (c) "Federal campaign committee" means a principal campaign 4843
committee or authorized committee as defined in the Federal 4844
Election Campaign Act. 4845

       (2) No person who is a candidate for state elective office 4846
and who previously sought nomination or election to a federal 4847
office shall transfer any funds or assets from that person's 4848
federal campaign committee for nomination or election to the 4849
federal office to that person's campaign committee as a candidate 4850
for state elective office. 4851

       (3) No campaign committee of a person who is a candidate for 4852
state elective office and who previously sought nomination or 4853
election to a federal office shall accept any funds or assets from 4854
that person's federal campaign committee for that person's 4855
nomination or election to the federal office. 4856

       (T)(1) Except as otherwise provided in division (B)(6)(c) of 4857
section 3517.102 of the Revised Code, a state or county political 4858
party shall not disburse moneys from any account other than a 4859
state candidate fund to make contributions to any of the 4860
following: 4861

       (a) A state candidate fund; 4862

       (b) A legislative campaign fund; 4863

       (c) A campaign committee of a candidate for the office of 4864
governor, lieutenant governor, secretary of state, auditor of 4865
state, treasurer of state, attorney general, member of the state 4866
board of education, or member of the general assembly. 4867

       (2) No state candidate fund, legislative campaign fund, or 4868
campaign committee of a candidate for any office described in 4869
division (T)(1)(c) of this section shall knowingly accept a 4870
contribution in violation of division (T)(1) of this section. 4871

       (U) No person shall fail to file the statement required under 4872
section 3517.12 of the Revised Code. 4873

       (V) No campaign committee shall fail to file a statement 4874
required under division (K)(3) of section 3517.10 of the Revised 4875
Code. 4876

       (W)(1) No foreign national shall, directly or indirectly 4877
through any other person or entity, make a contribution, 4878
expenditure, or independent expenditure or promise, either 4879
expressly or implicitly, to make a contribution, expenditure, or 4880
independent expenditure in support of or opposition to a candidate 4881
for any elective office in this state, including an office of a 4882
political party. 4883

       (2) No candidate, campaign committee, political action 4884
committee, ~~political contributing entity,~~ legislative campaign 4885
fund, state candidate fund, political party, or separate 4886
segregated fund shall solicit or accept a contribution, 4887
expenditure, or independent expenditure from a foreign national. 4888
The secretary of state may direct any candidate, committee, fund, 4889
~~entity,~~ or party that accepts a contribution, expenditure, or 4890
independent expenditure in violation of this division to return 4891
the contribution, expenditure, or independent expenditure or, if 4892
it is not possible to return the contribution, expenditure, or 4893
independent expenditure, then to return instead the value of it, 4894
to the contributor. 4895

       (3) As used in division (W) of this section, "foreign 4896
national" has the same meaning as in section 441e(b) of the 4897
Federal Election Campaign Act. 4898

       (X)(1) No state or county political party shall transfer any 4899
moneys from its restricted fund to any account of the political 4900
party into which contributions may be made or from which 4901
contributions or expenditures may be made. 4902

       (2)(a) No state or county political party shall deposit a 4903
contribution or contributions that it receives into its restricted 4904
fund. 4905

       (b) No state or county political party shall make a 4906
contribution or an expenditure from its restricted fund. 4907

       (3)(a) No corporation or labor organization shall make a gift 4908
or gifts from the corporation's or labor organization's money or 4909
property aggregating more than ten thousand dollars to any one 4910
state or county political party for the party's restricted fund in 4911
a calendar year. 4912

       (b) No state or county political party shall accept a gift or 4913
gifts for the party's restricted fund aggregating more than ten 4914
thousand dollars from any one corporation or labor organization in 4915
a calendar year. 4916

       (4) No state or county political party shall transfer any 4917
moneys in the party's restricted fund to any other state or county 4918
political party. 4919

       (5) No state or county political party shall knowingly fail 4920
to file a statement required under section 3517.1012 of the 4921
Revised Code. 4922

       Sec. 3517.151. (A) On and after January 1, 1996, complaints 4923
with respect to acts or failures to act under the sections listed 4924
in division (A) of section 3517.153 of the Revised Code shall be 4925
filed with the Ohio elections commission created under section 4926
3517.152 of the Revised Code. 4927

       (B)(1) If a complaint filed with the Ohio elections 4928
commission created under section 3517.152 of the Revised Code 4929
alleges an act or failure to act that occurred before August 24, 4930
1995, and the commission imposes a fine, sections 3517.99 and 4931
3517.991 of the Revised Code, and not sections 3517.992 and 4932
3517.993 of the Revised Code, shall apply. 4933

       (2) If a complaint filed with the Ohio elections commission 4934
created under section 3517.152 of the Revised Code alleges an act 4935
or failure to act that is a violation of section 3517.13 of the 4936
Revised Code, former divisions (A) to (R) of that section apply to 4937
the act or failure to act if it occurred before August 24, 1995, 4938
former divisions (A) to (U) of that section apply to the act or 4939
failure to act if it occurs on or after August 24, 1995, but 4940
before July 13, 1998, former divisions (A) to (V) of that section 4941
apply to the act or failure to act if it occurs on or after July 4942
13, 1998, but before ~~the effective date of this amendment~~December 4943
22, 1999, ~~and~~former divisions (A) to (W) of that section apply to 4944
the act or failure to act if it occurs on or after ~~the effective~~ 4945
~~date of this amendment~~December 22, 1999, but before the effective 4946
date of this amendment, and divisions (A) to (X) of that section 4947
apply to the act or failure to act if it occurs on or after the 4948
effective date of this amendment. 4949

       (C) The Ohio elections commission created under section 4950
3517.14 of the Revised Code is abolished at the close of business 4951
on December 31, 1995. 4952

       Sec. 3517.152. (A)(1) There is hereby created the Ohio 4953
elections commission consisting of seven members. 4954

       Not later than forty-five days after August 24, 1995, the 4955
speaker of the house of representatives and the leader in the 4956
senate of the political party of which the speaker is a member 4957
shall jointly submit to the governor a list of five persons who 4958
are affiliated with that political party. Not later than 4959
forty-five days after August 24, 1995, the two legislative leaders 4960
in the two houses of the general assembly of the major political 4961
party of which the speaker is not a member shall jointly submit to 4962
the governor a list of five persons who are affiliated with the 4963
major political party of which the speaker is not a member. Not 4964
later than fifteen days after receiving each list, the governor 4965
shall appoint three persons from each list to the commission. The 4966
governor shall appoint one person from each list to a term that 4967
ends on December 31, 1996, one person from each list to a term 4968
that ends on December 31, 1997, and one person from each list to a 4969
term that ends on December 31, 1998. 4970

       Not later than thirty days after the governor appoints these 4971
six members, they shall, by a majority vote, appoint to the 4972
commission a seventh member, who shall not be affiliated with a 4973
political party. If the six members fail to appoint the seventh 4974
member within this thirty-day period, the chief justice of the 4975
supreme court, not later than thirty days after the end of the 4976
period during which the six members were required to appoint a 4977
member, shall appoint the seventh member, who shall not be 4978
affiliated with a political party. The seventh member shall be 4979
appointed to a term that ends on December 31, 2001. Terms of the 4980
initial members appointed under this division begin on January 1, 4981
1996. 4982

       (2) If a vacancy occurs in the position of the seventh 4983
member, who is not affiliated with a political party, the six 4984
remaining members by a majority vote shall appoint, not later than 4985
forty-five days after the date of the vacancy, the seventh member 4986
of the commission, who shall not be affiliated with a political 4987
party. If these members fail to appoint the seventh member within 4988
this forty-five-day period, the chief justice of the supreme 4989
court, within fifteen days after the end of this period, shall 4990
appoint the seventh member, who shall not be affiliated with a 4991
political party. If a vacancy occurs in any of the other six 4992
positions on the commission, the legislative leaders of the 4993
political party from whose list of persons the member being 4994
replaced was appointed shall submit to the governor, not later 4995
than thirty days after the date of the vacancy, a list of three 4996
persons who are affiliated with that political party. Not later 4997
than fifteen days after receiving the list, the governor, with the 4998
advice and consent of the senate, shall appoint one person from 4999
the list to the commission. 5000

       (3) At no time shall more than six members of the commission 5001
be affiliated with a political party, and, of these six members, 5002
not more than three shall be affiliated with the same political 5003
party. 5004

       (4) In making appointments to the commission, the governor 5005
shall take into consideration the various geographic areas of this 5006
state and shall appoint members so that those areas are 5007
represented on the commission in a balanced manner, to the extent 5008
feasible. 5009

       (5) Members of the commission shall be registered electors 5010
and shall be of good moral character. 5011

       (B) Each member of the Ohio elections commission shall hold 5012
office from the date of the member's appointment until the end of 5013
the term for which the member was appointed. A member appointed to 5014
fill a vacancy occurring prior to the expiration of the term for 5015
which the member's predecessor was appointed shall hold office for 5016
the remainder of that term. A member shall continue in office 5017
subsequent to the expiration date of the member's term until the 5018
member's successor takes office or until a period of sixty days 5019
has elapsed, whichever occurs first. After the initial terms of 5020
office provided for in division (A)(1) of this section, terms of 5021
office shall be for five years. 5022

       (C) A vacancy in the Ohio elections commission may be caused 5023
by death, resignation, or three absences from commission meetings 5024
in a calendar year if those absences are caused by reasons 5025
declared invalid by a vote of five members of the remaining 5026
members of the commission. 5027

       (D) Each member of the Ohio elections commission while in the 5028
performance of the business of the commission shall be entitled to 5029
receive compensation at the rate of twenty-five thousand dollars 5030
per year. Members shall be reimbursed for expenses actually and 5031
necessarily incurred in the performance of their duties. 5032

       (E) No member of the Ohio elections commission shall serve 5033
more than one full term unless the terms served are served 5034
nonconsecutively. 5035

       (F)(1) No member of the Ohio elections commission shall do or 5036
be any of the following: 5037

       (a) Hold, or be a candidate for, a public office; 5038

       (b) Serve on a committee supporting or opposing a candidate 5039
or ballot question or issue; 5040

       (c) Be an officer of the state central committee, a county 5041
central committee, or a district, city, township, or other 5042
committee of a political party or an officer of the executive 5043
committee of the state central committee, a county central 5044
committee, or a district, city, township, or other committee of a 5045
political party; 5046

       (d) Be a legislative agent as defined in section 101.70 of 5047
the Revised Code or an executive agency lobbyist as defined in 5048
section 121.60 of the Revised Code; 5049

       (e) Solicit or be involved in soliciting contributions on 5050
behalf of a candidate, campaign committee, political party, or 5051
political action committee~~, or political contributing entity~~; 5052

       (f) Be in the unclassified service under section 124.11 of 5053
the Revised Code; 5054

       (g) Be a person or employee described in divisions (C)(1) to 5055
(15) of section 4117.01 of the Revised Code. 5056

       (2) No member or employee of the commission shall make a 5057
contribution to, or for the benefit of, a campaign committee or 5058
committee in support of or opposition to a ballot question or 5059
issue, a political party, a legislative campaign fund, or a 5060
political action committee~~, or a political contributing entity~~. 5061

       (G)(1) The members of the Ohio elections commission shall 5062
elect a chairperson and a vice-chairperson. At no time shall the 5063
chairperson and vice-chairperson be affiliated with the same 5064
political party. The chairperson shall serve in that capacity for 5065
one year and shall not serve as chairperson more than twice during 5066
a term as a member of the commission. No two successive 5067
chairpersons shall be affiliated with the same political party. 5068

       (2) The commission shall meet at the call of the chairperson 5069
or upon the written request of a majority of the members. The 5070
meetings and hearings of the commission or a panel of the 5071
commission under sections 3517.153 to 3517.157 of the Revised Code 5072
are subject to section 121.22 of the Revised Code. 5073

       (3) The commission shall adopt rules for its procedures in 5074
accordance with Chapter 119. of the Revised Code. Five of the 5075
seven members constitute a quorum. Except as otherwise provided in 5076
this section and in sections 3517.154 to 3517.157 of the Revised 5077
Code, no action shall be taken without the concurrence of a 5078
majority of the members. 5079

       (H)(1) The Ohio elections commission shall employ the 5080
technical, professional, and clerical employees that are necessary 5081
for it to carry out its duties. 5082

       (2)(a) Notwithstanding section 109.02 of the Revised Code, 5083
the commission shall employ a full-time attorney, and, as needed, 5084
one or more investigatory attorneys to conduct investigations for 5085
the commission or a panel of the commission. The commission may 5086
employ or contract for the services of additional attorneys, as 5087
needed. The full-time attorney shall do all of the following: 5088

       (i) Serve as the commission's attorney in regard to all legal 5089
matters, including representing the commission at appeals from a 5090
final determination of the commission, except that the full-time 5091
attorney shall not perform the duties that an investigatory 5092
attorney is required or requested to perform or that another 5093
attorney the commission employs or contracts with for services is 5094
required or requested to perform, and shall not represent the 5095
commission in any legal proceeding in which the commission is a 5096
named party; 5097

       (ii) At the request of the commission or a panel of the 5098
commission, be present at a hearing held under sections 3517.154 5099
to 3517.156 of the Revised Code to rule on the admissibility of 5100
evidence and to advise on the conduct of procedure; 5101

       (iii) Perform other duties as required by rule of the 5102
commission. 5103

       (b) An attorney employed by or under contract with the 5104
commission shall be licensed to practice law in this state. 5105

       (3)(a) Except as otherwise provided in division (H)(3)(b) of 5106
this section, at least five members of the commission shall agree 5107
on the employment of a person, a majority of the members shall 5108
agree on the discharge of an employee, and a person employed by 5109
the commission shall serve at the pleasure of the commission. 5110

       (b) At least five of the seven members shall agree on the 5111
discharge of an investigatory attorney. 5112

       (I) There is hereby created in the state treasury the Ohio 5113
elections commission fund. All moneys credited to the fund shall 5114
be used solely for the purpose of paying expenses related to the 5115
operation of the Ohio elections commission. 5116

       Sec. 3517.154. (A)(1) The full-time attorney for the Ohio 5117
elections commission shall review each complaint filed with the 5118
commission under section 3517.153 of the Revised Code, shall 5119
determine the nature of the complaint, and, unless division 5120
(A)(2)(a) of this section requires that the complaint receive an 5121
automatic expedited hearing, shall make a recommendation to the 5122
commission for its disposition, in accordance with this section. 5123
The attorney shall make the determination and the recommendation, 5124
if required, not later than one business day after the complaint 5125
is filed. 5126

       (2)(a) If the attorney determines that the complaint sets 5127
forth a violation of division (B) of section 3517.21 or division 5128
(B) of section 3517.22 of the Revised Code and that the complaint 5129
is filed during one of the periods of time specified in division 5130
(B)(1) of section 3517.156 of the Revised Code, or that the 5131
complaint sets forth a violation of section 3517.103 of the 5132
Revised Code or a violation described in division (D) of section 5133
3517.1010 of the Revised Code, the complaint shall receive an 5134
automatic expedited hearing under section 3517.156 of the Revised 5135
Code. 5136

       (b) If the attorney determines that the complaint sets forth 5137
a failure to comply with or a violation of division (G), (I), (J), 5138
(O), (P), or (Q) of section 3517.13, division (A) of section 5139
3517.21, or division (A) of section 3517.22 of the Revised Code 5140
and that the complaint is filed during one of the periods of time 5141
specified in division (B)(1) of section 3517.156 of the Revised 5142
Code, the attorney shall recommend to the commission that the 5143
complaint receive an expedited hearing under section 3517.156 of 5144
the Revised Code, and the complaint shall receive such a hearing. 5145

       (c) If the attorney determines that the complaint sets forth 5146
a failure to comply with or a violation of a section of the 5147
Revised Code over which the commission has jurisdiction to hear 5148
complaints other than the sections described in divisions 5149
(A)(2)(a) and (b) of this section, and unless the attorney makes a 5150
determination as provided for in division (A)(3) of this section, 5151
the attorney shall recommend to the commission that the complaint 5152
be submitted to the commission under section 3517.155 of the 5153
Revised Code. After the attorney makes that recommendation, the 5154
attorney shall notify all parties to the complaint of the 5155
attorney's recommendation. 5156

       (3)(a) If a complaint sets forth a failure to comply with or 5157
a violation of a section of the Revised Code over which the 5158
commission has jurisdiction to hear complaints other than the 5159
sections described in divisions (A)(2)(a) and (b) of this section 5160
and if the complaint is filed during one of the periods of time 5161
specified in division (B)(1) of section 3517.156 of the Revised 5162
Code, the attorney may determine that the complaint should receive 5163
an expedited hearing under that section. The attorney shall make 5164
that determination by considering one or more of the following: 5165

       (i) The number of prior failures to comply with or violations 5166
of Title XXXV of the Revised Code that the person or entity 5167
against whom the complaint has been brought has committed and any 5168
prior penalties the commission has imposed on the person or 5169
entity; 5170

       (ii) If the complaint involves a statement required to be 5171
filed under section 3517.10, division (E) of section 3517.102, or 5172
section 3517.103, 3517.105, 3517.107, 3517.108, or 3517.109, 5173
3517.1011, or 3517.1012 of the Revised Code or an addendum 5174
required to be filed under section 3517.11 of the Revised Code 5175
that is filed late, how late the filing is and how much time has 5176
elapsed between the deadline for filing the statement or addendum 5177
and the filing of the complaint; 5178

       (iii) If the complaint involves contributions orand 5179
expenditures, contributions and disbursements, deposits and 5180
disbursements, or gifts and disbursements required to be reported 5181
under section 3517.10, division (E) of section 3517.102, or 5182
section 3517.105, 3517.107, 3517.108, or 3517.109, 3517.1011, 5183
3517.1012, or 3517.1013 of the Revised Code that are either not 5184
reported or reported late, the number of contributions orand 5185
expenditures, contributions and disbursements, deposits and 5186
disbursements, or gifts and disbursements not reported or how late 5187
they were reported; 5188

       (iv) If the complaint involves contributions required to be 5189
reported by a campaign committee under section 3517.10, division 5190
(E) of section 3517.102, or section 3517.105, 3517.107, 3517.108, 5191
or 3517.109 of the Revised Code that are not reported, whether any 5192
of the contributors of the contributions not reported have a 5193
personal or professional relationship with the campaign 5194
committee's candidate; 5195

       (v) If the complaint involves a statement required to be 5196
filed under section 3517.10, division (E) of section 3517.102, or 5197
section 3517.103, 3517.105, 3517.107, 3517.108, or 3517.109, 5198
3517.1011, 3517.1012, or 3517.1013 of the Revised Code that is 5199
incomplete, the degree to which it is incomplete; 5200

       (vi) If the complaint involves the receipt of contributions 5201
in violation of section 3599.03 of the Revised Code, the dollar 5202
amount and number of contributions received in violation of that 5203
section; 5204

       (vii) If the complaint involves a failure to make the 5205
identification or a misstatement of the identification required 5206
under section 3517.105 or 3517.20 of the Revised Code, whether the 5207
failure or misstatement was purposely made; 5208

       (viii) If the complaint sets forth a failure to comply with 5209
or a violation of a section of the Revised Code described in 5210
division (A)(2)(c) of this section, whether the person or entity 5211
against whom the complaint has been made has committed more than 5212
one such failure or violation within a reasonable amount of time, 5213
or whether the cumulative nature of the failures or violations 5214
indicates a systematic disregard for the law. 5215

       (b) Prior to making a determination under division (A)(3)(a) 5216
of this section that the complaint should receive an expedited 5217
hearing under section 3517.156 of the Revised Code, the attorney 5218
shall take into consideration the number of panels of the 5219
commission that have cases pending before them and the number of 5220
cases pending before the panels and shall not make a determination 5221
that will place an undue burden on a panel of the commission. 5222

       (c) If the attorney determines that the complaint should 5223
receive an expedited hearing under section 3517.156 of the Revised 5224
Code, the attorney shall recommend to the commission that the 5225
complaint receive an expedited hearing, and, if a majority of the 5226
members of the commission agrees with the recommendation, the 5227
complaint shall receive an expedited hearing under that section. 5228

       (4) The attorney may join two or more complaints if the 5229
attorney determines that the allegations in each complaint are of 5230
the same or similar character, are based on the same act or 5231
failure to act, or are based on two or more acts or failures to 5232
act constituting parts of a common scheme or plan. If one 5233
complaint contains two or more allegations, the attorney may 5234
separate the allegations if they are not of the same or similar 5235
character, if they are not based on the same act or failure to 5236
act, or if they are not based on two or more acts or failures to 5237
act constituting parts of a common scheme or plan. If the attorney 5238
separates the allegations in a complaint, the attorney may make 5239
separate recommendations under division (A)(2) or (3) of this 5240
section for each allegation. 5241

       (B) Whenever a person or other entity files a complaint with 5242
the commission setting forth a failure to comply with or a 5243
violation of a section of the Revised Code as described in 5244
division (A)(2)(c) of this section and the complaint is filed 5245
during one of the periods of time specified in division (B)(1) of 5246
section 3517.156 of the Revised Code, the person or entity may 5247
request an expedited hearing under that section at the time the 5248
complaint is filed. The attorney for the commission shall inform 5249
the members of the commission of that request at the time the 5250
attorney makes a recommendation under division (A) of this 5251
section. The commission may grant the request for an expedited 5252
hearing under this division if it determines that an expedited 5253
hearing is practicable. 5254

       Sec. 3517.155. (A)(1) Except as otherwise provided in 5255
division (B) of this section, the Ohio elections commission shall 5256
hold its first hearing on a complaint filed with it, other than a 5257
complaint that receives an expedited hearing under section 5258
3517.156 of the Revised Code, not later than ninety business days 5259
after the complaint is filed unless the commission has good cause 5260
to hold the hearing after that time, in which case it shall hold 5261
the hearing not later than one hundred eighty business days after 5262
the complaint is filed. At the hearing, the commission shall 5263
determine whether or not the failure to act or the violation 5264
alleged in the complaint has occurred and shall do only one of the 5265
following, except as otherwise provided in division (B) of this 5266
section or in division (B) of section 3517.151 of the Revised 5267
Code: 5268

       (a) Enter a finding that good cause has been shown not to 5269
impose a fine or not to refer the matter to the appropriate 5270
prosecutor; 5271

       (b) Impose a fine under section 3517.993 of the Revised Code; 5272

       (c) Refer the matter to the appropriate prosecutor; 5273

       (d) Direct the secretary of state or appropriate board of 5274
elections with the authority to certify a candidate to the ballot 5275
to remove a candidate's name from the ballot if the candidate is 5276
barred from the ballot under division (D) of section 3517.1010 of 5277
the Revised Code. 5278

       (2) As used in division (A) of this section, "appropriate 5279
prosecutor" means a prosecutor as defined in section 2935.01 of 5280
the Revised Code and either of the following: 5281

       (a) In the case of a failure to comply with or a violation of 5282
law involving a campaign committee or the committee's candidate, a 5283
political party, a legislative campaign fund, or a political 5284
action committee, ~~or a political contributing entity,~~ that is 5285
required to file a statement of contributions and expenditures 5286
with the secretary of state under division (A) of section 3517.11 5287
of the Revised Code, the prosecutor of Franklin county; 5288

       (b) In the case of a failure to comply with or a violation of 5289
law involving any other campaign committee or committee's 5290
candidate, or any other political party or political action 5291
committee, either of the following as determined by the 5292
commission: 5293

       (i) The prosecutor of Franklin county; 5294

       (ii) The prosecutor of the county in which the candidacy or 5295
ballot question or issue is submitted to the electors or, if it is 5296
submitted in more than one county, the most populous of those 5297
counties. 5298

       (B) If the commission decides that the evidence is 5299
insufficient for it to determine whether or not the failure to act 5300
or the violation alleged in the complaint has occurred, the 5301
commission, by the affirmative vote of five members, may request 5302
that an investigatory attorney investigate the complaint. Upon 5303
that request, an investigatory attorney shall make an 5304
investigation in order to produce sufficient evidence for the 5305
commission to decide the matter. If the commission requests an 5306
investigation under this division, for good cause shown by the 5307
investigatory attorney, the commission may extend by sixty days 5308
the deadline for holding its first hearing on the complaint as 5309
required in division (A) of this section. 5310

       (C) The commission shall take one of the actions required 5311
under division (A) of this section not later than thirty days 5312
after the close of all the evidence presented. 5313

       (D)(1) The commission shall make any finding of a failure to 5314
comply with or a violation of law in regard to a complaint that 5315
alleges a violation of division (D) of section 3517.1010, division 5316
(A) or (B) of section 3517.21, or division (A) or (B) of section 5317
3517.22 of the Revised Code by clear and convincing evidence. The 5318
commission shall make any finding of a failure to comply with or a 5319
violation of law in regard to any other complaint by a 5320
preponderance of the evidence. 5321

       (2) If the commission finds a violation of division (B) of 5322
section 3517.21 or division (B) of section 3517.22 of the Revised 5323
Code, it shall refer the matter to the appropriate prosecutor 5324
under division (A)(1)(c) of this section and shall not impose a 5325
fine under division (A)(1)(b) of this section or section 3517.993 5326
of the Revised Code. 5327

       (E) In an action before the commission or a panel of the 5328
commission, if the allegations of the complainant are not proved, 5329
and the commission takes the action described in division 5330
(A)(1)(a) of this section or a panel of the commission takes the 5331
action described in division (C)(1) of section 3517.156 of the 5332
Revised Code, the commission or a panel of the commission may find 5333
that the complaint is frivolous, and, if the commission or panel 5334
so finds, the commission shall order the complainant to pay 5335
reasonable attorney's fees and to pay the costs of the commission 5336
or panel as determined by a majority of the members of the 5337
commission. The costs paid to the commission or panel under this 5338
division shall be deposited into the Ohio elections commission 5339
fund. 5340

       Sec. 3517.16. (A) There is hereby created in the state 5341
treasury the Ohio political party fund. All moneys received as a 5342
result of individuals exercising the checkoff option on their 5343
state income tax returns provided for in section 5747.081 of the 5344
Revised Code shall be deposited in ~~this~~the fund. The tax 5345
commissioner shall pay money from the fund ~~only~~ to the auditor of 5346
state and to political parties in the manner described in division 5347
(B) of this section. 5348

       (B)(1) The auditor of state annually shall submit a report to 5349
the tax commissioner estimating the costs that the auditor of 5350
state will incur during that year in conducting audits under 5351
section 3517.17 of the Revised Code. The tax commissioner shall 5352
pay to the auditor of state, from the Ohio political party fund, 5353
moneys sufficient to pay the auditor of state's estimated costs of 5354
the audits referred to in this division. 5355

       (2) After the costs of audits are deducted under division 5356
(B)(1) of this section, the tax commissioner shall pay any moneys 5357
remaining in the fund only to political parties qualifying for it 5358
them under division (B) of section 3517.17 of the Revised Code. 5359

       Sec. 3517.17. (A) At the beginning of each calendar quarter, 5360
after the costs of audits are deducted under division (B)(1) of 5361
section 3517.16 of the Revised Code, the tax commissioner shall 5362
divide any remaining moneys that have accrued in the Ohio 5363
political party fund during the previous quarter ~~shall be divided~~ 5364
equally among all qualified political parties in the following 5365
manner. Of the public moneys to which a party is entitled: 5366

       (1) One-half shall be paid to the treasurer of the state 5367
executive committee of the party; 5368

       (2) One-half shall be distributed to the treasurer of each 5369
county executive committee of the various counties in accordance 5370
with the ratio that the number of checkoffs in each county bears 5371
to the total number of checkoffs, as determined by the tax 5372
commissioner. 5373

       Each party treasurer receiving public moneys from the Ohio 5374
political party fund shall deposit those moneys into the party's 5375
restricted fund created under section 3517.1012 of the Revised 5376
Code, shall expend and maintain ~~such~~those moneys ~~in an account~~ 5377
~~separate from all other assets of the political party~~subject to 5378
the requirements of that section and section 3517.18 of the 5379
Revised Code, and shall file deposit and disbursement statements 5380
~~of contributions and expenditures~~ as required by ~~sections 3517.10~~ 5381
~~and 3517.11~~division (B) of section 3517.1012 of the Revised Code. 5382
~~Each treasurer of a state executive committee who files such a~~ 5383
~~statement shall file it with the secretary of state and each~~ 5384
~~treasurer of a county executive committee who files such a~~ 5385
~~statement shall file it with the appropriate board of elections.~~ 5386
~~All such statements filed shall clearly indicate the amounts of~~ 5387
~~public moneys received and the manner of their expenditure.~~ The 5388
auditor of state shall annually audit the deposit and disbursement 5389
statements of the state committee of a political party that ~~has~~ 5390
~~received~~is eligible to receive public moneys collected during the 5391
previous year, to ascertain that ~~such~~all moneys in the party's 5392
restricted fund are expended in accordance with law. The auditor 5393
of state shall audit the deposit and disbursement statements of 5394
each county committee of such a political party to ascertain that 5395
all moneys in the party's restricted fund are expended in 5396
accordance with law at the time of the public office audit of that 5397
county under Chapter 117. of the Revised Code. 5398

       (B) Only major political parties, as defined in section 5399
3501.01 of the Revised Code, may apply for public moneys from the 5400
Ohio political party fund. At the end of each even-numbered 5401
calendar year, the secretary of state shall announce the names of 5402
all such political parties, indicating that they may apply to 5403
receive such moneys during the ensuing two years. Any political 5404
party named at this time may, not later than the last day of 5405
January of the ensuing odd-numbered year, make application with 5406
the tax commissioner to receive public moneys. NoA political 5407
party that fails to make a timely application shall not receive 5408
public moneys during that two-year period. The tax commissioner 5409
shall prescribe an appropriate application form. Moneys from the 5410
fund shall be provided during the appropriate two-year period to 5411
each political party that makes a timely application in accordance 5412
with this division. 5413

       Sec. 3517.20. (A)(1) As used in ~~division (A) of~~ this 5414
section: 5415

       (a) "Political publication for or against a candidate" means 5416
a notice, placard, advertisement, sample ballot, brochure, flyer, 5417
direct mailer, or ~~any~~ other form of general publication that is 5418
designed to promote the nomination, election, or defeat of a 5419
candidate. 5420

       (b) "Political publication for or against an issue" means a 5421
notice, placard, advertisement, sample ballot, brochure, flyer, 5422
direct mailer, or ~~any~~ other form of general publication that is 5423
designed to promote the adoption or defeat of a ballot issue or 5424
question or to influence the voters in an election. 5425

       (c) "Public political advertising" means newspapers, 5426
magazines, outdoor advertising facilities, direct mailings, or 5427
other similar types of general public political advertising, or 5428
flyers, handbills, or other nonperiodical printed matter. 5429

       (d) "Statewide candidate" has the same meaning as in section 5430
3517.102 of the Revised Code. 5431

       (e) "Legislative candidate" means a candidate for the office 5432
of member of the general assembly. 5433

       (f) "Local candidate" means a candidate for an elective 5434
office of a political subdivision of this state. 5435

       (g) "Legislative campaign fund" has the same meaning as in 5436
section 3517.01 of the Revised Code. 5437

       (h) "Limited political action committee" means a political 5438
action committee of fewer than ten members. 5439

       (i) ~~"Limited political contributing entity" means a political~~ 5440
~~contributing entity of fewer than ten members.~~ 5441

       ~~(j)~~ "Designated amount" means one hundred dollars in the case 5442
of a local candidate or a local ballot issue, two hundred fifty 5443
dollars in the case of a legislative candidate, or five hundred 5444
dollars in the case of a statewide candidate or a statewide ballot 5445
issue. 5446

       ~~(k)~~(j) "To issue" includes to print, post, distribute, 5447
reproduce for distribution, or cause to be issued, printed, 5448
posted, distributed, or reproduced for distribution. 5449

       (k) "Telephone bank" means more than five hundred telephone 5450
calls of an identical or substantially similar nature within any 5451
thirty-day period, whether those telephone calls are made by 5452
individual callers or by recording. 5453

       (2) No candidate, campaign committee, legislative campaign 5454
fund, political party, or other entity, except a political action 5455
committee ~~or political contributing entity~~, shall issue a form of 5456
political publication for or against a candidate, or shall make an 5457
expenditure for the purpose of financing political communications 5458
in support of or opposition to a candidate through public 5459
political advertising, unless the name and residence or business 5460
address of the candidate or the chairperson, treasurer, or 5461
secretary of the campaign committee, legislative campaign fund, 5462
political party, or other entity that issues or otherwise is 5463
responsible for that political publication or that makes an 5464
expenditure for that political communication appears in a 5465
conspicuous place on that political publication or is contained 5466
within that political communication. 5467

       (3) No limited political action committee ~~or limited~~ 5468
~~political contributing entity~~ shall do either of the following 5469
unless the name and residence or business address of the 5470
chairperson, treasurer, or secretary of the limited political 5471
action committee ~~or limited political contributing entity~~ involved 5472
appears in a conspicuous place in the political publication for or 5473
against a candidate described in division (A)(3)(a) of this 5474
section or is contained within the political communication 5475
described in division (A)(3)(b) of this section: 5476

       (a) Issue a form of political publication for or against a 5477
candidate that costs in excess of the designated amount or that is 5478
issued in cooperation, consultation, or concert with, or at the 5479
request or suggestion of, a candidate, a campaign committee, a 5480
legislative campaign fund, a political party, a political action 5481
committee with ten or more members, ~~a political contributing~~ 5482
~~entity with ten or more members,~~ or a limited political action 5483
committee ~~or limited political contributing entity~~ that spends in 5484
excess of the designated amount on a related or the same or 5485
similar political publication for or against a candidate; 5486

       (b) Make an expenditure in excess of the designated amount in 5487
support of or opposition to a candidate or make an expenditure in 5488
cooperation, consultation, or concert with, or at the request or 5489
suggestion of, a candidate, a campaign committee, a legislative 5490
campaign fund, a political party, a political action committee 5491
with ten or more members, ~~a political contributing entity with ten~~ 5492
~~or more members,~~ or a limited political action committee or 5493
~~limited political contributing entity~~ that spends in excess of the 5494
designated amount in support of or opposition to the same 5495
candidate, for the purpose of financing political communications 5496
in support of or opposition to that candidate through public 5497
political advertising. 5498

       (4) No political action committee with ten or more members 5499
~~and no political contributing entity with ten or more members~~ 5500
shall issue a form of political publication for or against a 5501
candidate, or shall make an expenditure for the purpose of 5502
financing political communications in support of or opposition to 5503
a candidate through public political advertising, unless the name 5504
and residence or business address of the chairperson, treasurer, 5505
or secretary of the political action committee ~~or political~~ 5506
~~contributing entity~~ that issues or otherwise is responsible for 5507
that political publication or that makes an expenditure for that 5508
political communication through public political advertising 5509
appears in a conspicuous place in that political publication or is 5510
contained within that political communication. 5511

       (5) No corporation, labor organization, campaign committee, 5512
legislative campaign fund, political party, or other entity, 5513
except a political action committee, shall issue a form of 5514
political publication for or against an issue, or shall make an 5515
expenditure for the purpose of financing political communications 5516
in support of or opposition to a ballot issue or question through 5517
public political advertising, unless the name and residence or 5518
business address of the chairperson, treasurer, or secretary of 5519
the corporation, labor organization, campaign committee, 5520
legislative campaign fund, political party, or other entity that 5521
issues or otherwise is responsible for that political publication 5522
or that makes an expenditure for that political communication 5523
through public political advertising appears in a conspicuous 5524
place in that political publication or is contained within that 5525
political communication. 5526

       (6) No limited political action committee shall do either of 5527
the following unless the name and residence or business address of 5528
the chairperson, treasurer, or secretary of the limited political 5529
action committee involved appears in a conspicuous place in the 5530
political publication for or against a ballot issue described in 5531
division (A)(6)(a) of this section or is contained within the 5532
political communication described in division (A)(6)(b) of this 5533
section: 5534

       (a) Issue a form of political publication for or against a 5535
ballot issue that costs in excess of the designated amount or that 5536
is issued in cooperation, consultation, or concert with, or at the 5537
request or suggestion of, a candidate, a campaign committee, a 5538
legislative campaign fund, a political party, a political action 5539
committee with ten or more members, or a limited political action 5540
committee that spends in excess of the designated amount for a 5541
related or the same or similar political publication for or 5542
against an issue; 5543

       (b) Make an expenditure in excess of the designated amount in 5544
support of or opposition to a ballot issue or make an expenditure 5545
in cooperation, consultation, or concert with, or at the request 5546
or suggestion of, a candidate, a campaign committee, a legislative 5547
campaign fund, a political party, a political action committee 5548
with ten or more members, or a limited political action committee 5549
that spends in excess of the designated amount in support of or 5550
opposition to the same ballot issue, for the purpose of financing 5551
political communications in support of or opposition to that 5552
ballot issue through public political advertising. 5553

       (7) No political action committee with ten or more members 5554
shall issue a form of political publication for or against an 5555
issue, or shall make an expenditure for the purpose of financing 5556
political communications in support of or opposition to a ballot 5557
issue or question through public political advertising, unless the 5558
name and residence or business address of the chairperson, 5559
treasurer, or secretary of the political action committee that 5560
issues or otherwise is responsible for that political publication 5561
or that makes an expenditure for that political communication 5562
appears in a conspicuous place in that political publication or is 5563
contained within that political communication. 5564

       (8) The disclaimer "paid political advertisement" is not 5565
sufficient to meet the requirements of this section. 5566

       (9) If the political publication described in division (A) of 5567
this section is issued by the regularly constituted central or 5568
executive committee of a political party that is organized as 5569
provided in ~~Chapter 3517. of the Revised Code~~this chapter, it 5570
shall be sufficiently identified if it bears the name of the 5571
committee and its chairperson or treasurer. 5572

       (10) If more than one piece of printed matter or printed 5573
political communications are mailed as a single packet, the 5574
requirements of division (A) of this section are met if one of the 5575
pieces of printed matter or printed political communications in 5576
the packet contains the name and residence or business address of 5577
the chairperson, treasurer, or secretary of the organization or 5578
entity that issues or is responsible for the printed matter or 5579
other printed political communications. 5580

       (11) This section does not apply to the transmittal of 5581
personal correspondence that is not reproduced by machine for 5582
general distribution. 5583

       (12) The secretary of state, by rule, may exempt from the 5584
requirements of this section, printed matter and certain other 5585
kinds of printed communications such as campaign buttons, 5586
balloons, pencils, or similar items, the size or nature of which 5587
makes it unreasonable to add an identification or disclaimer. 5588

       (13) The disclaimer or identification described in division 5589
(A) of this section, when paid for by a campaign committee, shall 5590
be identified by the words "paid for by" followed by the name and 5591
address of the campaign committee and the appropriate officer of 5592
the committee, identified by name and title. The identification or 5593
disclaimer may use reasonable abbreviations for common terms such 5594
as "treasurer" or "committee". 5595

       (B)(1) No candidate, campaign committee, legislative campaign 5596
fund, political contributing entity, political party, political 5597
action committee, limited political action committee, ~~political~~ 5598
~~contributing entity, limited political contributing entity,~~ or 5599
other entity shall utter or cause to be uttered, over the 5600
broadcasting facilities of any radio or television station within 5601
this state, any communication that is designed to promote the 5602
nomination, election, or defeat of a candidate, or the adoption or 5603
defeat of an issue or to influence the voters in an election, 5604
unless the speaker identifies the speaker with the speaker's name 5605
and residence address or unless the communication identifies the 5606
chairperson, treasurer, or secretary of the organization 5607
responsible for the communication with the name and residence or 5608
business address of that officer, except that communications by 5609
radio need not broadcast the residence or business address of the 5610
officer. However, a radio station, for a period of at least six 5611
months, shall keep the residence or business address on file and 5612
divulge it to any person upon request. 5613

       No person operating a broadcast station or an organ of 5614
printed media shall broadcast or print a paid political 5615
communication that does not contain the identification required by 5616
this section. 5617

       (2) Division (B) of this section does not apply to any 5618
communications made on behalf of a radio or television station or 5619
network by any employee of such radio or television station or 5620
network while acting in the course of the employee's employment. 5621

       (3) No candidate or entity described in division (B)(1) of 5622
this section shall use or cause to be used a false, fictitious, or 5623
fraudulent name or address in the making or issuing of a 5624
publication or communication included within the provisions of 5625
this section. 5626

       (C) No candidate, campaign committee, legislative campaign 5627
fund, political party, political action committee, limited 5628
political action committee, or other person or entity shall 5629
conduct a telephone bank for the purpose of promoting the 5630
nomination, election, or defeat of a candidate or the adoption or 5631
defeat of an issue or to influence the voters in an election, 5632
unless the call includes a disclaimer that identifies the name of 5633
the candidate, campaign committee, legislative campaign fund, 5634
political party, political action committee, limited political 5635
action committee, or other person or entity paying for the 5636
telephone bank. 5637

       (D) Before a prosecution may commence under this section, a 5638
complaint shall be filed with the Ohio elections commission under 5639
section 3517.153 of the Revised Code. After the complaint is 5640
filed, the commission shall proceed in accordance with sections 5641
3517.154 to 3517.157 of the Revised Code. 5642

       Sec. 3517.23. The secretary of state shall adopt rules in 5643
accordance with Chapter 119. of the Revised Code that are 5644
necessary for the administration and enforcement of sections 5645
3517.08 to 3517.13, 3517.18, 3517.20 to 3517.22, 3599.03, and 5646
3599.031 of the Revised Code and shall provide each candidate, 5647
political action committee, legislative campaign fund, political 5648
party, and ~~political contributing entity~~person making 5649
disbursements to pay the direct costs of producing or airing 5650
electioneering communications with written instructions and 5651
explanations in order to ensure compliance with sections 3517.08 5652
to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, and 5653
3599.031 of the Revised Code. 5654

       Sec. 3517.992. This section establishes penalties only with 5655
respect to acts or failures to act that occur on and after August 5656
24, 1995. 5657

       (A)(1) A candidate whose campaign committee violates division 5658
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code, 5659
or a treasurer of a campaign committee who violates any of those 5660
divisions, shall be fined not more than one hundred dollars for 5661
each day of violation. 5662

       (2) Whoever violates division (E) or (X)(5) of section 5663
3517.13 of the Revised Code shall be fined not more than one 5664
hundred dollars for each day of violation. 5665

       (B) A political party that violates division (F)(1) of 5666
section 3517.101 of the Revised Code shall be fined not more than 5667
one hundred dollars for each day of violation. 5668

       (C) Whoever violates division (F)(2) of section 3517.101 or 5669
division (G) of section 3517.13 of the Revised Code shall be fined 5670
not more than ten thousand dollars or, if the offender is a person 5671
who was nominated or elected to public office, shall forfeit the 5672
nomination or the office to which the offender was elected, or 5673
both. 5674

       (D) Whoever violates division (F) of section 3517.13 of the 5675
Revised Code shall be fined not more than three times the amount 5676
contributed. 5677

       (E) Whoever violates division (H) of section 3517.13 of the 5678
Revised Code shall be fined not more than one hundred dollars. 5679

       (F) Whoever violates division (O), (P), or (Q) of section 5680
3517.13 of the Revised Code is guilty of a misdemeanor of the 5681
first degree. 5682

       (G) A state or county committee of a political party that 5683
violates division (B)(1) of section 3517.18 of the Revised Code 5684
shall be fined not more than twice the amount of the improper 5685
expenditure. 5686

       (H) A state or county political party that violates division 5687
(G) of section 3517.101 of the Revised Code shall be fined not 5688
more than twice the amount of the improper expenditure or use. 5689

       (I)(1) Any individual who violates division (B)(1) of section 5690
3517.102 of the Revised Code and knows that the contribution the 5691
individual makes violates that division shall be fined an amount 5692
equal to three times the amount contributed in excess of the 5693
amount permitted by that division. 5694

       (2) Any political action committee that violates division 5695
(B)(2) of section 3517.102 of the Revised Code shall be fined an 5696
amount equal to three times the amount contributed in excess of 5697
the amount permitted by that division. 5698

       (3) Any campaign committee that violates division (B)(3) or 5699
(5) of section 3517.102 of the Revised Code shall be fined an 5700
amount equal to three times the amount contributed in excess of 5701
the amount permitted by that division. 5702

       (4)(a) Any legislative campaign fund that violates division 5703
(B)(6) of section 3517.102 of the Revised Code shall be fined an 5704
amount equal to three times the amount transferred or contributed 5705
in excess of the amount permitted by that division, as applicable. 5706

       (b) Any state political party, county political party, or 5707
state candidate fund of a state political party or county 5708
political party that violates division (B)(6) of section 3517.102 5709
of the Revised Code shall be fined an amount equal to three times 5710
the amount transferred or contributed in excess of the amount 5711
permitted by that division, as applicable. 5712

       ~~(c) Any political contributing entity that violates division~~ 5713
~~(B)(7) of section 3517.102 of the Revised Code shall be fined an~~ 5714
~~amount equal to three times the amount contributed in excess of~~ 5715
~~the amount permitted by that division.~~ 5716

       (5) Any political party that violates division (B)(4) of 5717
section 3517.102 of the Revised Code shall be fined an amount 5718
equal to three times the amount contributed in excess of the 5719
amount permitted by that division. 5720

       (6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5) 5721
of this section, no violation of division (B) of section 3517.102 5722
of the Revised Code occurs, and the secretary of state shall not 5723
refer parties to the Ohio elections commission, if the amount 5724
transferred or contributed in excess of the amount permitted by 5725
that division meets either of the following conditions: 5726

       (a) It is completely refunded within five business days after 5727
it is accepted. 5728

       (b) It is completely refunded on or before the tenth business 5729
day after notification to the recipient of the excess transfer or 5730
contribution by the board of elections or the secretary of state 5731
that a transfer or contribution in excess of the permitted amount 5732
has been received. 5733

       (J)(1) Any campaign committee that violates division (C)(1), 5734
(2), (3), or (6) of section 3517.102 of the Revised Code shall be 5735
fined an amount equal to three times the amount accepted in excess 5736
of the amount permitted by that division. 5737

       (2)(a) Any ~~state or~~ county political party that violates 5738
division (C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised 5739
Code shall be fined an amount ~~from its state candidate fund~~ equal 5740
to three times the amount accepted. 5741

       (b) Any county political party that violates division 5742
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be 5743
fined an amount from its state candidate fund equal to three times 5744
the amount accepted in excess of the amount permitted by that 5745
division. 5746

       (c) Any state political party that violates division 5747
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined 5748
an amount from its state candidate fund equal to three times the 5749
amount accepted in excess of the amount permitted by that 5750
division. 5751

       (3) Any legislative campaign fund that violates division 5752
(C)(5) of section 3517.102 of the Revised Code shall be fined an 5753
amount equal to three times the amount accepted in excess of the 5754
amount permitted by that division. 5755

       (4) Any political action committee ~~or political contributing~~ 5756
~~entity~~ that violates division (C)(7) of section 3517.102 of the 5757
Revised Code shall be fined an amount equal to three times the 5758
amount accepted in excess of the amount permitted by that 5759
division. 5760

       (5) Notwithstanding divisions (J)(1), (2), (3), and (4) of 5761
this section, no violation of division (C) of section 3517.102 of 5762
the Revised Code occurs, and the secretary of state shall not 5763
refer parties to the Ohio elections commission, if the amount 5764
transferred or contributed in excess of the amount permitted to be 5765
accepted by that division meets either of the following 5766
conditions: 5767

       (a) It is completely refunded within five business days after 5768
its acceptance. 5769

       (b) It is completely refunded on or before the tenth business 5770
day after notification to the recipient of the excess transfer or 5771
contribution by the board of elections or the secretary of state 5772
that a transfer or contribution in excess of the permitted amount 5773
has been received. 5774

       (K)(1) Any legislative campaign fund that violates division 5775
(F)(1) of section 3517.102 of the Revised Code shall be fined 5776
twenty-five dollars for each day of violation. 5777

       (2) Any legislative campaign fund that violates division 5778
(F)(2) of section 3517.102 of the Revised Code shall give to the 5779
treasurer of state for deposit into the state treasury to the 5780
credit of the Ohio elections commission fund all excess 5781
contributions not disposed of as required by division (E) of 5782
section 3517.102 of the Revised Code. 5783

       (L) Whoever violates section 3517.105 of the Revised Code 5784
shall be fined one thousand dollars. 5785

       (M)(1) Whoever solicits a contribution in violation of 5786
section 3517.092 or violates division (B) of section 3517.09 of 5787
the Revised Code is guilty of a misdemeanor of the first degree. 5788

       (2) Whoever knowingly accepts a contribution in violation of 5789
division (B) or (C) of section 3517.092 of the Revised Code shall 5790
be fined an amount equal to three times the amount accepted in 5791
violation of either of those divisions and shall return to the 5792
contributor any amount so accepted. Whoever unknowingly accepts a 5793
contribution in violation of division (B) or (C) of section 5794
3517.092 of the Revised Code shall return to the contributor any 5795
amount so accepted. 5796

       (N) Whoever violates division (S) of section 3517.13 of the 5797
Revised Code shall be fined an amount equal to three times the 5798
amount of funds transferred or three times the value of the assets 5799
transferred in violation of that division. 5800

       (O) Any campaign committee that accepts a contribution or 5801
contributions in violation of section 3517.108 of the Revised 5802
Code, uses a contribution in violation of that section, or fails 5803
to dispose of excess contributions in violation of that section 5804
shall be fined an amount equal to three times the amount accepted, 5805
used, or kept in violation of that section. 5806

       (P) Any political party, state candidate fund, legislative 5807
candidate fund, or campaign committee that violates division (T) 5808
of section 3517.13 of the Revised Code shall be fined an amount 5809
equal to three times the amount contributed or accepted in 5810
violation of that section. 5811

       (Q) A treasurer of a committee or another person who violates 5812
division (U) of section 3517.13 of the Revised Code shall be fined 5813
not more than two hundred fifty dollars. 5814

       (R) Whoever violates division (I) or (J) of section 3517.13 5815
of the Revised Code shall be fined not more than one thousand 5816
dollars. Whenever a person is found guilty of violating division 5817
(I) or (J) of section 3517.13 of the Revised Code, the contract 5818
awarded in violation of either of those divisions shall be 5819
rescinded if its terms have not yet been performed. 5820

       (S) A candidate whose campaign committee violates or a 5821
treasurer of a campaign committee who violates section 3517.081 of 5822
the Revised Code, and a candidate whose campaign committee 5823
violates, or a treasurer of a campaign committee, or another 5824
person who violates, division (C) of section 3517.10 of the 5825
Revised Code, shall be fined not more than five hundred dollars. 5826

       (T) A candidate whose campaign committee violates or a 5827
treasurer of a committee who violates division (B) of section 5828
3517.09 of the Revised Code, or a candidate whose campaign 5829
committee violates,or a treasurer of a campaign committee, or 5830
another person who violates division (C), of section 3517.09 of 5831
the Revised Code shall be fined not more than one thousand 5832
dollars. 5833

       (U) Whoever violates section 3517.20 of the Revised Code 5834
shall be fined not more than five hundred dollars. 5835

       (V) Whoever violates section 3517.21 or 3517.22 of the 5836
Revised Code shall be imprisoned for not more than six months or 5837
fined not more than five thousand dollars, or both. 5838

       (W) A campaign committee that is required to file a 5839
declaration of no limits under division (D)(2) of section 3517.103 5840
of the Revised Code that, before filing that declaration, accepts 5841
a contribution or contributions that exceed the limitations 5842
prescribed in section 3517.102 of the Revised Code, shall return 5843
that contribution or those contributions to the contributor. 5844

       (X) Any campaign committee that fails to file the declaration 5845
of filing-day finances required by division (F) of section 5846
3517.109 or the declaration of primary-day finances or declaration 5847
of year-end finances required by division (E) of section 3517.1010 5848
of the Revised Code shall be fined twenty-five dollars for each 5849
day of violation. 5850

       (Y) Any campaign committee that fails to dispose of excess 5851
funds or excess aggregate contributions under division (B) of 5852
section 3517.109 of the Revised Code in the manner required by 5853
division (C) of that section or under division (B) of section 5854
3517.1010 of the Revised Code in the manner required by division 5855
(C) of that section shall give to the treasurer of state for 5856
deposit into the Ohio elections commission fund created under 5857
division ~~(E)(2)(b)~~(I) of section ~~3517.102~~3517.152 of the Revised 5858
Code all funds not disposed of pursuant to those divisions. 5859

       (Z) Any individual, campaign committee, political action 5860
committee, ~~political contributing entity,~~ legislative campaign 5861
fund, political party, or other entity that violates any provision 5862
of sections 3517.09 to 3517.12 of the Revised Code for which no 5863
penalty is provided for under any other division of this section 5864
shall be fined not more than one thousand dollars. 5865

       (AA)(1) Whoever knowingly violates division (W)(1) of section 5866
3517.13 of the Revised Code shall be fined an amount equal to 5867
three times the amount contributed, expended, or promised in 5868
violation of that division or ten thousand dollars, whichever 5869
amount is greater. 5870

       (2) Whoever knowingly violates division (W)(2) of section 5871
3517.13 of the Revised Code shall be fined an amount equal to 5872
three times the amount solicited or accepted in violation of that 5873
division or ten thousand dollars, whichever amount is greater. 5874

       (BB) Whoever knowingly violates division (C) or (D) of 5875
section 3517.1011 of the Revised Code shall be fined not more than 5876
ten thousand dollars plus not more than one thousand dollars for 5877
each day of violation. 5878

       (CC)(1) Subject to division (CC)(2) of this section, whoever 5879
violates division (H) of section 3517.1011 of the Revised Code 5880
shall be fined an amount up to three times the amount disbursed 5881
for the direct costs of airing the communication made in violation 5882
of that division. 5883

       (2) Whoever has been ordered by the Ohio elections commission 5884
or by a court of competent jurisdiction to cease making 5885
communications in violation of division (H) of section 3517.1011 5886
of the Revised Code who again violates that division shall be 5887
fined an amount equal to three times the amount disbursed for the 5888
direct costs of airing the communication made in violation of that 5889
division. 5890

       (DD)(1) Any corporation or labor organization that violates 5891
division (X)(3)(a) of section 3517.13 of the Revised Code shall be 5892
fined an amount equal to three times the amount given in excess of 5893
the amount permitted by that division. 5894

       (2) Any state or county political party that violates 5895
division (X)(3)(b) of section 3517.13 of the Revised Code shall be 5896
fined an amount equal to three times the amount accepted in excess 5897
of the amount permitted by that division. 5898

       Sec. 3599.03. (A)(1) Except to carry on activities specified 5899
in sections 3517.082 and 3517.1011, division (A)(2) of section 5900
3517.1012, division (B) of section 3517.1013, and section 3599.031 5901
of the Revised Code and except as provided in divisions (D), (E), 5902
and (F) of this section, no corporation, no nonprofit corporation, 5903
and no labor organization, directly or indirectly, shall pay or 5904
use, or offer, advise, consent, or agree to pay or use, the 5905
corporation's money or property, or the labor organization's 5906
money, including dues, initiation fees, or other assessments paid 5907
by members, or property, for or in aid of or opposition to a 5908
political party, a candidate for election or nomination to public 5909
office, a political action committee including a political action 5910
committee of the corporation or labor organization, a legislative 5911
campaign fund, or any organization that supports or opposes any 5912
such candidate, or for any partisan political purpose, shall 5913
violate any law requiring the filing of an affidavit or statement 5914
respecting such use of those funds, or shall pay or use the 5915
corporation's or labor organization's money for the expenses of a 5916
social fund-raising event for its political action committee if an 5917
employee's or labor organization member's right to attend such an 5918
event is predicated on the employee's or member's contribution to 5919
the corporation's or labor organization's political action 5920
committee. 5921

       (2) Whoever violates division (A)(1) of this section shall be 5922
fined not less than five hundred nor more than five thousand 5923
dollars. 5924

       (B)(1) No officer, stockholder, attorney, or agent of a 5925
corporation or nonprofit corporation, no member, including an 5926
officer, attorney, or agent, of a labor organization, and no 5927
candidate, political party official, or other individual shall 5928
knowingly aid, advise, solicit, or receive money or other property 5929
in violation of division (A)(1) of this section. 5930

       (2) Whoever violates division (B)(1) of this section shall be 5931
fined not more than one thousand dollars, or imprisoned not more 5932
than one year, or both. 5933

       (C) A corporation, a nonprofit corporation, or a labor 5934
organization may use its funds or property for or in aid of or 5935
opposition to a proposed or certified ballot issue. Such use of 5936
funds or property shall be reported on a form prescribed by the 5937
secretary of state. Reports of contributions in connection with 5938
statewide ballot issues shall be filed with the secretary of 5939
state. Reports of contributions in connection with local issues 5940
shall be filed with the board of elections of the most populous 5941
county of the district in which the issue is submitted or to be 5942
submitted to the electors. Reports made pursuant to this division 5943
shall be filed by the times specified in divisions (A)(1) and (2) 5944
of section 3517.10 of the Revised Code. 5945

       (D)(1) Any gift made pursuant to section 3517.101 of the 5946
Revised Code does not constitute a violation of this section or of 5947
any other section of the Revised Code. 5948

       (2) Any gift made pursuant to division (A)(2) of section 5949
3517.1012 of the Revised Code does not constitute a violation of 5950
this section. 5951

       (3) Any gift made pursuant to division (B) of section 5952
3517.1013 of the Revised Code does not constitute a violation of 5953
this section. 5954

       (E) Any compensation or fees paid by a financial institution 5955
to a state political party for services rendered pursuant to 5956
division (B) of section 3517.19 of the Revised Code do not 5957
constitute a violation of this section or of any other section of 5958
the Revised Code. 5959

       (F)(1) The use by a nonprofit corporation of its money or 5960
property for communicating information for a purpose specified in 5961
division (A) of this section is not a violation of that division 5962
if the stockholders, members, donors, trustees, or officers of the 5963
nonprofit corporation are the predominant recipients of the 5964
communication. 5965

       (2) The placement of a campaign sign on the property of a 5966
corporation, nonprofit corporation, or labor organization is not a 5967
use of property in violation of division (A) of this section by 5968
that corporation, nonprofit corporation, or labor organization. 5969

       (3) The use by a corporation or labor organization of its 5970
money or property for communicating information for a purpose 5971
specified in division (A) of this section is not a violation of 5972
that division if it is not a communication made by mass broadcast 5973
such as radio or television or made by advertising in a newspaper 5974
of general circulation but is a communication sent exclusively to 5975
members, employees, officers, or trustees of that labor 5976
organization or shareholders, employees, officers, or directors of 5977
that corporation or to members of the immediate families of any 5978
such individuals or if the communication intended to be so sent 5979
exclusively is unintentionally sent as well to a de minimis number 5980
of other individuals. 5981

       (G) In addition to the laws listed in division (A) of section 5982
4117.10 of the Revised Code that prevail over conflicting 5983
agreements between employee organizations and public employers, 5984
this section prevails over any conflicting provisions of 5985
agreements between labor organizations and public employers that 5986
are entered into on or after the effective date of this section 5987
pursuant to Chapter 4117. of the Revised Code. 5988

       (H) As used in this section, "labor organization" has the 5989
same meaning as in section 3517.01 of the Revised Code. 5990

       Sec. 3599.031. (A) Notwithstanding any ~~section~~provision of 5991
the Revised Code to the contrary and subject to ~~divisions (C) and~~ 5992
~~(H)~~division (C) of section 3517.09 of the Revised Code and 5993
division (B) of this section, any employer may deduct from the 5994
wages and salaries of its employees amounts for an account 5995
described in division ~~(C)~~(B) of this section, a separate 5996
segregated fund, a political action committee of the employer, a 5997
political action committee of a labor organization of the 5998
employer's employees, a political action committee of an 5999
association of which the employer is a member, a political party, 6000
a person making disbursements to pay the direct costs of producing 6001
or airing electioneering communications, or a ballot issue that 6002
the employee by written authorization may designate and shall 6003
transmit any amounts so deducted as a separate written 6004
authorization described in division ~~(C)~~(B) of this section shall 6005
direct. Any authorization authorizing a deduction from an 6006
employee's wages or salary may be on a form that is used to apply 6007
for or authorize membership in or authorize payment of dues or 6008
fees to any organization, but the authorization for a deduction 6009
shall be stated and signed separately from the application for 6010
membership or the authorization for the payment of dues or fees. 6011
The employer either may deduct from the amount to be so 6012
transmitted a uniform amount determined by the employer to be 6013
necessary to defray the actual cost of making such deduction and 6014
transmittal, or may utilize its own funds in an amount it 6015
determines is necessary to defray the actual administrative cost, 6016
including making the deduction and transmittal. 6017

       (B) ~~Any person who solicits an employee to authorize a~~ 6018
~~deduction from his wages or salary pursuant to division (A) of~~ 6019
~~this section shall inform the employee at the time of the~~ 6020
~~solicitation that he may refuse to authorize a deduction, and that~~ 6021
~~he may at any time revoke his authorization, without suffering any~~ 6022
~~reprisal.~~ 6023

       ~~(C)~~ If an employer establishes a separate account in the name 6024
of an employee for the purpose of depositing into the account 6025
amounts deducted from the wages and salary of the employee 6026
pursuant to division (A) of this section or amounts directly given 6027
by the employee to the employer for the support of a candidate, a 6028
separate segregated fund, a political action committee of the 6029
employer, a political action committee of a labor organization of 6030
the employer's employees, a political action committee of an 6031
association of which the employer is a member, a political party, 6032
a legislative campaign fund, a person making disbursements to pay 6033
the direct costs of producing or airing electioneering 6034
communications, or a ballot issue, the employee shall sign a 6035
written authorization designating the recipient of a disbursement 6036
from that account. The written authorization required under this 6037
division is separate and distinct from a written authorization 6038
required under division (A) of this section. The authorization 6039
required under this division shall clearly identify and designate 6040
the candidate, separate segregated fund, political action 6041
committee of the employer, political action committee of a labor 6042
organization of the employer's employees, political action 6043
committee of an association of which the employer is a member, 6044
political party, a legislative campaign fund, person making 6045
disbursements to pay the direct costs of producing or airing 6046
electioneering communications, or ballot issue that is to receive 6047
any disbursement from the account established pursuant to this 6048
division. No person shall designate the recipient of a 6049
disbursement from the account except the employee from whose 6050
account the disbursement is made. No employer shall make a 6051
disbursement from the account of an employee established under 6052
this division unless the employer has received the written 6053
authorization required under this division. 6054

       ~~(D)~~(C) An employer shall furnish the recipient of any amount 6055
transmitted pursuant to this section with the employer's full name 6056
and the full name of the labor organization of which the employee 6057
whose amount is being transmitted is a member, if any. An employer 6058
shall keep and maintain the authorization forms of all its 6059
employees from whose wages and salaries any amounts were deducted 6060
pursuant to division (A) of this section and the authorizations of 6061
disbursements from accounts established under division ~~(C)~~(B) of 6062
this section for a period of at least six years after the year in 6063
which the deductions and disbursements were made. 6064

       ~~(E)~~(D) An employee who has made an authorization pursuant to 6065
division (A) or ~~(C)~~(B) of this section may revoke that 6066
authorization at any time. A revocation of the authorization does 6067
not affect any deduction already made from an employee's wages and 6068
salary or any amounts already transmitted or disbursed under this 6069
section. 6070

       ~~(F)~~(E) For purposes of this section and for the purpose of 6071
the information required to be filed under division (B)(4)(b)(iii) 6072
of section 3517.10 of the Revised Code: 6073

       (1) If an employer is a corporation, each subsidiary of a 6074
parent corporation shall be considered an entity separate and 6075
distinct from any other subsidiary and separate and distinct from 6076
the parent corporation. 6077

       (2) Each national, regional, state, and local affiliate of a 6078
labor organization shall be considered a distinct entity. 6079

       ~~(G)~~(F) Whoever violates division ~~(C)~~(B) of this section shall 6080
be fined not less than fifty nor more than five hundred dollars 6081
for each disbursement made in violation of that division. 6082

       ~~(H) No public employer shall deduct from the wages and~~ 6083
~~salaries of its employees any amounts for the support of any~~ 6084
~~candidate, separate segregated fund, political action committee,~~ 6085
~~legislative campaign fund, political party, or ballot issue.~~ 6086

       ~~(I) In addition to the laws listed in division (A) of section~~ 6087
~~4117.10 of the Revised Code that prevail over conflicting~~ 6088
~~agreements between employee organizations and public employers,~~ 6089
~~this section prevails over any conflicting provisions of~~ 6090
~~agreements between labor organizations and public employers~~ 6091
~~entered into pursuant to Chapter 4117. of the Revised Code.~~ 6092

       ~~(J)~~(G) In addition to the laws listed in division (A) of 6093
section 4117.10 of the Revised Code that prevail over conflicting 6094
agreements between employee organizations and public employers, 6095
this section prevails over any conflicting provisions of 6096
agreements between labor organizations and public employers that 6097
are entered into on or after the effective date of this amendment 6098
pursuant to Chapter 4117. of the Revised Code. 6099

       (H) As used in this section: 6100

       (1) "~~Labor~~Electioneering communication ," "legislative 6101
campaign fund," "labor organization," "political action 6102
committee," and "separate segregated fund" have the same meanings 6103
as in section 3517.01 of the Revised Code. 6104

       (2) "Public employer" means an employer that is the state or 6105
a state agency, authority, commission, or board, a political 6106
subdivision of the state, a school district or state institution 6107
of higher learning, a public or special district, or any other 6108
public employer. 6109

       (3) "Employee" includes only an employee who is a resident of 6110
or is employed in this state. 6111

       Sec. 3599.111. (A) As used in this section, "registering a 6112
voter" or "registering voters" includes any effort, for 6113
compensation, to provide voter registration forms or to assist 6114
persons in completing those forms or returning them to the board 6115
of elections, the office of the secretary of state, or other 6116
appropriate public office. 6117

       (B) No person shall receive compensation on a fee per 6118
signature or fee per volume basis for circulating any declaration 6119
of candidacy, nominating petition, declaration of intent to be a 6120
write-in candidate, initiative petition, referendum petition, 6121
recall petition, or any other election-related petition that is 6122
filed with or transmitted to a board of elections, the office of 6123
the secretary of state, or other appropriate public office. 6124

       (C) No person shall receive compensation on a fee per 6125
registration or fee per volume basis for registering a voter. 6126

       (D) Compensation for collecting signatures on 6127
election-related petitions and for registering voters shall be 6128
paid solely on the basis of time worked. 6129

       (E)(1) Whoever violates division (B) or (C) of this section 6130
is guilty of election falsification under section 3599.36 of the 6131
Revised Code. 6132

       (2) Whoever violates division (D) of this section is guilty 6133
of a felony of the fifth degree. 6134

       Section 2. That existing sections 102.03, 2921.01, 2921.43, 6135
3501.38, 3503.14, 3513.07, 3513.10, 3513.261, 3517.01, 3517.08, 6136
3517.082, 3517.09, 3517.092, 3517.10, 3517.102, 3517.103, 6137
3517.104, 3517.105, 3517.106, 3517.108, 3517.109, 3517.11, 6138
3517.13, 3517.151, 3517.152, 3517.154, 3517.155, 3517.16, 3517.17, 6139
3517.20, 3517.23, 3517.992, and 3599.031 and section        Sec. 3599.03. of 6140
the Revised Code are hereby repealed. 6141

       Section 3. (A) Except as otherwise provided in division (B) 6142
of this section, no person intending to make a disbursement or 6143
disbursements for the direct costs of producing or airing 6144
electioneering communications under this act shall make those 6145
disbursements using any contributions that the person received 6146
before the effective date of this act. 6147

       (B) Any person intending to make a disbursement or 6148
disbursements for the direct costs of producing or airing 6149
electioneering communications under this act who wishes to make 6150
those disbursements using contributions that the person received 6151
before the effective date of this act shall, in the first 6152
disclosure of electioneering communications statement that the 6153
person is required to file, report the contributor information 6154
specified in division (D)(1)(e) or (f) of section 3517.1011 of the 6155
Revised Code for each contribution that was received before the 6156
effective date of this act and that the person uses to make a 6157
disbursement that is included in that statement. 6158

       (C) As used in this section, "contribution," "electioneering 6159
communication," and "person" have the same meanings as in section 6160
3517.1011 of the Revised Code. 6161

       Section 4. (A) A county political party that has a state 6162
candidate fund, established under division (D)(3)(c) of section 6163
3517.10 of the Revised Code as it existed prior to the effective 6164
date of this act, in existence on that effective date shall, not 6165
later than 4 p.m. on that effective date, disburse any moneys in 6166
the fund in accordance with the versions of sections 3517.08 to 6167
3517.13 of the Revised Code that were in effect prior to that 6168
effective date. Any state candidate fund of a county political 6169
party in existence on the effective date of this act shall be 6170
abolished not later than 4 p.m. on that effective date. 6171

       (B) No county political party that establishes a state 6172
candidate fund under division (D)(3)(c) of section 3517.10 of the 6173
Revised Code as amended by this act shall transfer into that fund 6174
any moneys that were in a state candidate fund of a county 6175
political party established under that section as it existed prior 6176
to the effective date of this act. 6177

       Section 5. No moneys in any fund or account of a political 6178
party that was not subject to disclosure under the version of 6179
Chapter 3517. of the Revised Code that was in effect prior to the 6180
effective date of this act shall be disbursed, transferred into 6181
another fund or account of the political party, or otherwise used 6182
by that political party on or after the effective date of this act 6183
unless the contributors of those moneys are disclosed prior to 6184
that effective date in accordance with section 3517.10 of the 6185
Revised Code. 6186

       Section 6. Section 3513.10 of the Revised Code is presented 6187
in this act as a composite of the section as amended by both Am. 6188
Sub. H.B. 117 and Am. Sub. S.B. 9 of the 121st General Assembly. 6189
The General Assembly, applying the principle stated in division 6190
(B) of section 1.52 of the Revised Code that amendments are to be 6191
harmonized if reasonably capable of simultaneous operation, finds 6192
that the composite is the resulting version of the section in 6193
effect prior to the effective date of the section as presented in 6194
this act. 6195

       Section 7. Notwithstanding any contrary provision of section 6196
1.50 of the Revised Code: 6197

       (A) If a court of competent jurisdiction holds the 6198
application to any person or circumstance of any provision of 6199
division (B)(6) of section 3517.01 of the Revised Code, as amended 6200
by this act, or of division (H) of section 3517.1011 of the 6201
Revised Code, as enacted by this act, pertaining to a broadcast, 6202
cable, or satellite communication that refers to a clearly 6203
identified candidate and that is made during the thirty days 6204
preceding a primary election or during the thirty days preceding a 6205
general election to be unconstitutional, then all provisions of 6206
this act pertaining to that subject matter are hereby deemed to be 6207
invalid and are severable from the remaining provisions of this 6208
act. As used in this division, "broadcast, cable, or satellite 6209
communication" and "refers to a clearly identified candidate" have 6210
the same meanings as in section 3517.1011 of the Revised Code. 6211

       (B) If a court of competent jurisdiction holds the 6212
application to any person or circumstance of any provision of 6213
section 3517.1011 of the Revised Code pertaining to electioneering 6214
communications that occur at least 30 days prior to a primary 6215
election or to a general election to be unconstitutional, then all 6216
of the provisions of that section and all related references to 6217
that section or to electioneering communications throughout the 6218
Revised Code are hereby declared to be invalid and severable from 6219
the remaining provisions of this act. As used in this division, 6220
"electioneering communication" has the same meaning as in section 6221
3517.1011 of the Revised Code. 6222

Section 1. That sections 102.03, 2921.01, 2921.43, 3501.38,	12
3503.14, 3513.07, 3513.10, 3513.261, 3517.01, 3517.08, 3517.082,	13
3517.09, 3517.092, 3517.10, 3517.102, 3517.103, 3517.104,	14
3517.105, 3517.106, 3517.108, 3517.109, 3517.11, 3517.13,	15
3517.151, 3517.152, 3517.154, 3517.155, 3517.16, 3517.17, 3517.20,	16
3517.23, 3517.992, and 3599.031 be amended and new section 3599.03	17
and sections 3501.381, 3517.1011, 3517.1012, 3517.1013, and	18
3599.111 of the Revised Code be enacted to read as follows:	19

Sec. 102.03. (A)(1) No present or former public official or	20
employee shall, during public employment or service or for twelve	21
months thereafter, represent a client or act in a representative	22
capacity for any person on any matter in which the public official	23
or employee personally participated as a public official or	24
employee through decision, approval, disapproval, recommendation,	25
the rendering of advice, investigation, or other substantial	26
exercise of administrative discretion.	27

(2) For twenty-four months after the conclusion of service,	28
no former commissioner or attorney examiner of the public	29
utilities commission shall represent a public utility, as defined	30
in section 4905.02 of the Revised Code, or act in a representative	31
capacity on behalf of such a utility before any state board,	32
commission, or agency.	33

(3) For twenty-four months after the conclusion of employment	34
or service, no former public official or employee who personally	35
participated as a public official or employee through decision,	36
approval, disapproval, recommendation, the rendering of advice,	37
the development or adoption of solid waste management plans,	38
investigation, inspection, or other substantial exercise of	39
administrative discretion under Chapter 343. or 3734. of the	40
Revised Code shall represent a person who is the owner or operator	41
of a facility, as defined in section 3734.01 of the Revised Code,	42
or who is an applicant for a permit or license for a facility	43
under that chapter, on any matter in which the public official or	44
employee personally participated as a public official or employee.	45

(4) For a period of one year after the conclusion of	46
employment or service as a member or employee of the general	47
assembly, no former member or employee of the general assembly	48
shall represent, or act in a representative capacity for, any	49
person on any matter before the general assembly, any committee of	50
the general assembly, or the controlling board. Division (A)(4) of	51
this section does not apply to or affect a person who separates	52
from service with the general assembly on or before December 31,	53
1995. As used in division (A)(4) of this section "person" does not	54
include any state agency or political subdivision of the state.	55

(5) As used in divisions (A)(1), (2), and (3) of this	56
section, "matter" includes any case, proceeding, application,	57
determination, issue, or question, but does not include the	58
proposal, consideration, or enactment of statutes, rules,	59
ordinances, resolutions, or charter or constitutional amendments.	60
As used in division (A)(4) of this section, "matter" includes the	61
proposal, consideration, or enactment of statutes, resolutions, or	62
constitutional amendments. As used in division (A) of this	63
section, "represent" includes any formal or informal appearance	64
before, or any written or oral communication with, any public	65
agency on behalf of any person.	66

(6) Nothing contained in division (A) of this section shall	67
prohibit, during such period, a former public official or employee	68
from being retained or employed to represent, assist, or act in a	69
representative capacity for the public agency by which the public	70
official or employee was employed or on which the public official	71
or employee served.	72

(7) Division (A) of this section shall not be construed to	73
prohibit the performance of ministerial functions, including, but	74
not limited to, the filing or amendment of tax returns,	75
applications for permits and licenses, incorporation papers, and	76
other similar documents.	77

(B) No present or former public official or employee shall	78
disclose or use, without appropriate authorization, any	79
information acquired by the public official or employee in the	80
course of the public official's or employee's official duties that	81
is confidential because of statutory provisions, or that has been	82
clearly designated to the public official or employee as	83
confidential when that confidential designation is warranted	84
because of the status of the proceedings or the circumstances	85
under which the information was received and preserving its	86
confidentiality is necessary to the proper conduct of government	87
business.	88

(C) No public official or employee shall participate within	89
the scope of duties as a public official or employee, except	90
through ministerial functions as defined in division (A) of this	91
section, in any license or rate-making proceeding that directly	92
affects the license or rates of any person, partnership, trust,	93
business trust, corporation, or association in which the public	94
official or employee or immediate family owns or controls more	95
than five per cent. No public official or employee shall	96
participate within the scope of duties as a public official or	97
employee, except through ministerial functions as defined in	98
division (A) of this section, in any license or rate-making	99
proceeding that directly affects the license or rates of any	100
person to whom the public official or employee or immediate	101
family, or a partnership, trust, business trust, corporation, or	102
association of which the public official or employee or the public	103
official's or employee's immediate family owns or controls more	104
than five per cent, has sold goods or services totaling more than	105
one thousand dollars during the preceding year, unless the public	106
official or employee has filed a written statement acknowledging	107
that sale with the clerk or secretary of the public agency and the	108
statement is entered in any public record of the agency's	109
proceedings. This division shall not be construed to require the	110
disclosure of clients of attorneys or persons licensed under	111
section 4732.12 or 4732.15 of the Revised Code, or patients of	112
persons certified under section 4731.14 of the Revised Code.	113

(D) No public official or employee shall use or authorize the	114
use of the authority or influence of office or employment to	115
secure anything of value or the promise or offer of anything of	116
value that is of such a character as to manifest a substantial and	117
improper influence upon the public official or employee with	118
respect to that person's duties.	119

(E) No public official or employee shall solicit or accept	120
anything of value that is of such a character as to manifest a	121
substantial and improper influence upon the public official or	122
employee with respect to that person's duties.	123

(F) No person shall promise or give to a public official or	124
employee anything of value that is of such a character as to	125
manifest a substantial and improper influence upon the public	126
official or employee with respect to that person's duties.	127

(G) In the absence of bribery or another offense under the	128
Revised Code or a purpose to defraud, contributions made to a	129
campaign committee, political party, legislative campaign fund, or	130
political action committee~~, or political contributing entity~~ on	131
behalf of an elected public officer or other public official or	132
employee who seeks elective office shall be considered to accrue	133
ordinarily to the public official or employee for the purposes of	134
divisions (D), (E), and (F) of this section.	135

As used in this division, "contributions," "campaign	136
committee," "political party," "legislative campaign fund," and	137
"political action committee," ~~and "political contributing entity"~~	138
have the same meanings as in section 3517.01 of the Revised Code.	139

(H)(1) No public official or employee, except for the	140
president or other chief administrative officer of or a member of	141
a board of trustees of a state institution of higher education as	142
defined in section 3345.011 of the Revised Code, who is required	143
to file a financial disclosure statement under section 102.02 of	144
the Revised Code shall solicit or accept, and no person shall give	145
to that public official or employee, an honorarium. Except as	146
provided in division (H)(2) of this section, this division and	147
divisions (D), (E), and (F) of this section do not prohibit a	148
public official or employee who is required to file a financial	149
disclosure statement under section 102.02 of the Revised Code from	150
accepting and do not prohibit a person from giving to that public	151
official or employee the payment of actual travel expenses,	152
including any expenses incurred in connection with the travel for	153
lodging, and meals, food, and beverages provided to the public	154
official or employee at a meeting at which the public official or	155
employee participates in a panel, seminar, or speaking engagement	156
or provided to the public official or employee at a meeting or	157
convention of a national organization to which any state agency,	158
including, but not limited to, any state legislative agency or	159
state institution of higher education as defined in section	160
3345.011 of the Revised Code, pays membership dues. Except as	161
provided in division (H)(2) of this section, this division and	162
divisions (D), (E), and (F) of this section do not prohibit a	163
public official or employee who is not required to file a	164
financial disclosure statement under section 102.02 of the Revised	165
Code from accepting and do not prohibit a person from promising or	166
giving to that public official or employee an honorarium or the	167
payment of travel, meal, and lodging expenses if the honorarium,	168
expenses, or both were paid in recognition of demonstrable	169
business, professional, or esthetic interests of the public	170
official or employee that exist apart from public office or	171
employment, including, but not limited to, such a demonstrable	172
interest in public speaking and were not paid by any person or	173
other entity, or by any representative or association of those	174
persons or entities, that is regulated by, doing business with, or	175
seeking to do business with the department, division, institution,	176
board, commission, authority, bureau, or other instrumentality of	177
the governmental entity with which the public official or employee	178
serves.	179

(2) No person who is a member of the board of a state	180
retirement system, a state retirement system investment officer,	181
or an employee of a state retirement system whose position	182
involves substantial and material exercise of discretion in the	183
investment of retirement system funds shall solicit or accept, and	184
no person shall give to that board member, officer, or employee,	185
payment of actual travel expenses, including expenses incurred	186
with the travel for lodging, meals, food, and beverages.	187

(I) A public official or employee may accept travel, meals,	188
and lodging or expenses or reimbursement of expenses for travel,	189
meals, and lodging in connection with conferences, seminars, and	190
similar events related to official duties if the travel, meals,	191
and lodging, expenses, or reimbursement is not of such a character	192
as to manifest a substantial and improper influence upon the	193
public official or employee with respect to that person's duties.	194
The house of representatives and senate, in their code of ethics,	195
and the Ohio ethics commission, under section 111.15 of the	196
Revised Code, may adopt rules setting standards and conditions for	197
the furnishing and acceptance of such travel, meals, and lodging,	198
expenses, or reimbursement.	199

A person who acts in compliance with this division and any	200
applicable rules adopted under it, or any applicable, similar	201
rules adopted by the supreme court governing judicial officers and	202
employees, does not violate division (D), (E), or (F) of this	203
section. This division does not preclude any person from seeking	204
an advisory opinion from the appropriate ethics commission under	205
section 102.08 of the Revised Code.	206

(J) For purposes of divisions (D), (E), and (F) of this	207
section, the membership of a public official or employee in an	208
organization shall not be considered, in and of itself, to be of	209
such a character as to manifest a substantial and improper	210
influence on the public official or employee with respect to that	211
person's duties. As used in this division, "organization" means a	212
church or a religious, benevolent, fraternal, or professional	213
organization that is tax exempt under subsection 501(a) and	214
described in subsection 501(c)(3), (4), (8), (10), or (19) of the	215
"Internal Revenue Code of 1986." This division does not apply to a	216
public official or employee who is an employee of an organization,	217
serves as a trustee, director, or officer of an organization, or	218
otherwise holds a fiduciary relationship with an organization.	219
This division does not allow a public official or employee who is	220
a member of an organization to participate, formally or	221
informally, in deliberations, discussions, or voting on a matter	222
or to use his official position with regard to the interests of	223
the organization on the matter if the public official or employee	224
has assumed a particular responsibility in the organization with	225
respect to the matter or if the matter would affect that person's	226
personal, pecuniary interests.	227

(K) It is not a violation of this section for a prosecuting	228
attorney to appoint assistants and employees in accordance with	229
division (B) of section 309.06 and section 2921.421 of the Revised	230
Code, for a chief legal officer of a municipal corporation or an	231
official designated as prosecutor in a municipal corporation to	232
appoint assistants and employees in accordance with sections	233
733.621 and 2921.421 of the Revised Code, for a township law	234
director appointed under section 504.15 of the Revised Code to	235
appoint assistants and employees in accordance with sections	236
504.151 and 2921.421 of the Revised Code, or for a coroner to	237
appoint assistants and employees in accordance with division (B)	238
of section 313.05 of the Revised Code.	239

As used in this division, "chief legal officer" has the same	240
meaning as in section 733.621 of the Revised Code.	241

Sec. 2921.01. As used in sections 2921.01 to 2921.45 of the	242
Revised Code:	243

(A) "Public official" means any elected or appointed officer,	244
or employee, or agent of the state or any political subdivision,	245
whether in a temporary or permanent capacity, and includes, but is	246
not limited to, legislators, judges, and law enforcement officers.	247

(2) Any person performing ad hoc a governmental function,	250
including, but not limited to, a juror, member of a temporary	251
commission, master, arbitrator, advisor, or consultant;	252

(3) A person who is a candidate for public office, whether or	253
not the person is elected or appointed to the office for which the	254
person is a candidate. A person is a candidate for purposes of	255
this division if the person has been nominated according to law	256
for election or appointment to public office, or if the person has	257
filed a petition or petitions as required by law to have the	258
person's name placed on the ballot in a primary, general, or	259
special election, or if the person campaigns as a write-in	260
candidate in any primary, general, or special election.	261

(C) "Party official" means any person who holds an elective	262
or appointive post in a political party in the United States or	263
this state, by virtue of which the person directs, conducts, or	264
participates in directing or conducting party affairs at any level	265
of responsibility.	266

(D) "Official proceeding" means any proceeding before a	267
legislative, judicial, administrative, or other governmental	268
agency or official authorized to take evidence under oath, and	269
includes any proceeding before a referee, hearing examiner,	270
commissioner, notary, or other person taking testimony or a	271
deposition in connection with an official proceeding.	272

(E) "Detention" means arrest; confinement in any vehicle	273
subsequent to an arrest; confinement in any public or private	274
facility for custody of persons charged with or convicted of crime	275
in this state or another state or under the laws of the United	276
States or alleged or found to be a delinquent child or unruly	277
child in this state or another state or under the laws of the	278
United States; hospitalization, institutionalization, or	279
confinement in any public or private facility that is ordered	280
pursuant to or under the authority of section 2945.37, 2945.371,	281
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	282
Code; confinement in any vehicle for transportation to or from any	283
facility of any of those natures; detention for extradition or	284
deportation; except as provided in this division, supervision by	285
any employee of any facility of any of those natures that is	286
incidental to hospitalization, institutionalization, or	287
confinement in the facility but that occurs outside the facility;	288
supervision by an employee of the department of rehabilitation and	289
correction of a person on any type of release from a state	290
correctional institution; or confinement in any vehicle, airplane,	291
or place while being returned from outside of this state into this	292
state by a private person or entity pursuant to a contract entered	293
into under division (E) of section 311.29 of the Revised Code or	294
division (B) of section 5149.03 of the Revised Code. For a person	295
confined in a county jail who participates in a county jail	296
industry program pursuant to section 5147.30 of the Revised Code,	297
"detention" includes time spent at an assigned work site and going	298
to and from the work site.	299

(F) "Detention facility" means any public or private place	300
used for the confinement of a person charged with or convicted of	301
any crime in this state or another state or under the laws of the	302
United States or alleged or found to be a delinquent child or	303
unruly child in this state or another state or under the laws of	304
the United States.	305