130th Ohio General Assembly
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H. B. No. 413  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 413


Representatives Goyal, Murray 

Cosponsors: Representatives Hagan, R., Foley, Okey, Yuko, Letson, Antonio, Ramos 



A BILL
To amend sections 3501.05, 3517.16, and 5747.081 and to enact sections 3525.01 to 3525.11 and 3525.99 of the Revised Code to create a public campaign financing system for candidates for the office of chief justice or justice of the Supreme Court.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3501.05, 3517.16, and 5747.081 be amended and sections 3525.01, 3525.02, 3525.03, 3525.04, 3525.05, 3525.06, 3525.07, 3525.08, 3525.09, 3525.10, 3525.11, and 3525.99 of the Revised Code be enacted to read as follows:
Sec. 3501.05.  The secretary of state shall do all of the following:
(A) Appoint all members of boards of elections;
(B) Issue instructions by directives and advisories in accordance with section 3501.053 of the Revised Code to members of the boards as to the proper methods of conducting elections.;
(C) Prepare rules and instructions for the conduct of elections;
(D) Publish and furnish to the boards from time to time a sufficient number of indexed copies of all election laws then in force;
(E) Edit and issue all pamphlets concerning proposed laws or amendments required by law to be submitted to the voters;
(F) Prescribe the form of registration cards, blanks, and records;
(G) Determine and prescribe the forms of ballots and the forms of all blanks, cards of instructions, pollbooks, tally sheets, certificates of election, and forms and blanks required by law for use by candidates, committees, and boards;
(H) Prepare the ballot title or statement to be placed on the ballot for any proposed law or amendment to the constitution to be submitted to the voters of the state;
(I) Except as otherwise provided in section 3519.08 of the Revised Code, certify to the several boards the forms of ballots and names of candidates for state offices, and the form and wording of state referendum questions and issues, as they shall appear on the ballot;
(J) Except as otherwise provided in division (I)(2)(b) of section 3501.38 of the Revised Code, give final approval to ballot language for any local question or issue approved and transmitted by boards of elections under section 3501.11 of the Revised Code;
(K) Receive all initiative and referendum petitions on state questions and issues and determine and certify to the sufficiency of those petitions;
(L) Require such reports from the several boards as are provided by law, or as the secretary of state considers necessary;
(M) Compel the observance by election officers in the several counties of the requirements of the election laws;
(N)(1) Except as otherwise provided in division (N)(2) of this section, investigate the administration of election laws, frauds, and irregularities in elections in any county, and report violations of election laws to the attorney general or prosecuting attorney, or both, for prosecution;
(2) On and after August 24, 1995, report a failure to comply with or a violation of a provision in sections 3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised Code, whenever the secretary of state has or should have knowledge of a failure to comply with or a violation of a provision in one of those sections, by filing a complaint with the Ohio elections commission under section 3517.153 of the Revised Code;.
(O) Make an annual report to the governor containing the results of elections, the cost of elections in the various counties, a tabulation of the votes in the several political subdivisions, and other information and recommendations relative to elections the secretary of state considers desirable;
(P) Prescribe and distribute to boards of elections a list of instructions indicating all legal steps necessary to petition successfully for local option elections under sections 4301.32 to 4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;
(Q) Adopt rules pursuant to Chapter 119. of the Revised Code for the removal by boards of elections of ineligible voters from the statewide voter registration database and, if applicable, from the poll list or signature pollbook used in each precinct, which rules shall provide for all of the following:
(1) A process for the removal of voters who have changed residence, which shall be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of 1965 and the National Voter Registration Act of 1993, including a program that uses the national change of address service provided by the United States postal system through its licensees;
(2) A process for the removal of ineligible voters under section 3503.21 of the Revised Code;
(3) A uniform system for marking or removing the name of a voter who is ineligible to vote from the statewide voter registration database and, if applicable, from the poll list or signature pollbook used in each precinct and noting the reason for that mark or removal.
(R) Prescribe a general program for registering voters or updating voter registration information, such as name and residence changes, by boards of elections, designated agencies, offices of deputy registrars of motor vehicles, public high schools and vocational schools, public libraries, and offices of county treasurers consistent with the requirements of section 3503.09 of the Revised Code;
(S) Prescribe a program of distribution of voter registration forms through boards of elections, designated agencies, offices of the registrar and deputy registrars of motor vehicles, public high schools and vocational schools, public libraries, and offices of county treasurers;
(T) To the extent feasible, provide copies, at no cost and upon request, of the voter registration form in post offices in this state;
(U) Adopt rules pursuant to section 111.15 of the Revised Code for the purpose of implementing the program for registering voters through boards of elections, designated agencies, and the offices of the registrar and deputy registrars of motor vehicles consistent with this chapter;
(V) Establish the full-time position of Americans with Disabilities Act coordinator within the office of the secretary of state to do all of the following:
(1) Assist the secretary of state with ensuring that there is equal access to polling places for persons with disabilities;
(2) Assist the secretary of state with ensuring that each voter may cast the voter's ballot in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters;
(3) Advise the secretary of state in the development of standards for the certification of voting machines, marking devices, and automatic tabulating equipment.
(W) Establish and maintain a computerized statewide database of all legally registered voters under section 3503.15 of the Revised Code that complies with the requirements of the "Help America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666, and provide training in the operation of that system;
(X) Ensure that all directives, advisories, other instructions, or decisions issued or made during or as a result of any conference or teleconference call with a board of elections to discuss the proper methods and procedures for conducting elections, to answer questions regarding elections, or to discuss the interpretation of directives, advisories, or other instructions issued by the secretary of state are posted on a web site of the office of the secretary of state as soon as is practicable after the completion of the conference or teleconference call, but not later than the close of business on the same day as the conference or teleconference call takes place.;
(Y) Publish a report on a web site of the office of the secretary of state not later than one month after the completion of the canvass of the election returns for each primary and general election, identifying, by county, the number of absent voter's ballots cast and the number of those ballots that were counted, and the number of provisional ballots cast and the number of those ballots that were counted, for that election. The secretary of state shall maintain the information on the web site in an archive format for each subsequent election.
(Z) Conduct voter education outlining voter identification, absent voters ballot, provisional ballot, and other voting requirements;
(AA) Establish a procedure by which a registered elector may make available to a board of elections a more recent signature to be used in the poll list or signature pollbook produced by the board of elections of the county in which the elector resides;
(BB) Disseminate information, which may include all or part of the official explanations and arguments, by means of direct mail or other written publication, broadcast, or other means or combination of means, as directed by the Ohio ballot board under division (F) of section 3505.062 of the Revised Code, in order to inform the voters as fully as possible concerning each proposed constitutional amendment, proposed law, or referendum;
(CC) Be the single state office responsible for the implementation of the "Uniformed and Overseas Citizens Absentee Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff, et seq., as amended, in this state. The secretary of state may delegate to the boards of elections responsibilities for the implementation of that act, including responsibilities arising from amendments to that act made by the "Military and Overseas Voter Empowerment Act," Subtitle H of the National Defense Authorization Act for Fiscal Year 2010, Pub. L. No. 111-84, 123 Stat. 3190.
(DD) Administer the Ohio public financing program under Chapter 3525. of the Revised Code;
(EE) Perform other duties required by law.
Whenever a primary election is held under section 3513.32 of the Revised Code or a special election is held under section 3521.03 of the Revised Code to fill a vacancy in the office of representative to congress, the secretary of state shall establish a deadline, notwithstanding any other deadline required under the Revised Code, by which any or all of the following shall occur: the filing of a declaration of candidacy and petitions or a statement of candidacy and nominating petition together with the applicable filing fee; the filing of protests against the candidacy of any person filing a declaration of candidacy or nominating petition; the filing of a declaration of intent to be a write-in candidate; the filing of campaign finance reports; the preparation of, and the making of corrections or challenges to, precinct voter registration lists; the receipt of applications for absent voter's ballots or armed service uniformed services or overseas absent voter's ballots; the supplying of election materials to precincts by boards of elections; the holding of hearings by boards of elections to consider challenges to the right of a person to appear on a voter registration list; and the scheduling of programs to instruct or reinstruct election officers.
In the performance of the secretary of state's duties as the chief election officer, the secretary of state may administer oaths, issue subpoenas, summon witnesses, compel the production of books, papers, records, and other evidence, and fix the time and place for hearing any matters relating to the administration and enforcement of the election laws.
In any controversy involving or arising out of the adoption of registration or the appropriation of funds for registration, the secretary of state may, through the attorney general, bring an action in the name of the state in the court of common pleas of the county where the cause of action arose or in an adjoining county, to adjudicate the question.
In any action involving the laws in Title XXXV of the Revised Code wherein the interpretation of those laws is in issue in such a manner that the result of the action will affect the lawful duties of the secretary of state or of any board of elections, the secretary of state may, on the secretary of state's motion, be made a party.
The secretary of state may apply to any court that is hearing a case in which the secretary of state is a party, for a change of venue as a substantive right, and the change of venue shall be allowed, and the case removed to the court of common pleas of an adjoining county named in the application or, if there are cases pending in more than one jurisdiction that involve the same or similar issues, the court of common pleas of Franklin county.
Public high schools and vocational schools, public libraries, and the office of a county treasurer shall implement voter registration programs as directed by the secretary of state pursuant to this section.
Sec. 3517.16.  (A) There is hereby created in the state treasury the Ohio political party fund. All moneys received as a result of individuals exercising the checkoff option on their state income tax returns provided for in division (A) of section 5747.081 of the Revised Code shall be deposited in the fund. The tax commissioner shall pay money from the fund to the auditor of state and to political parties in the manner described in division (B) of this section.
(B)(1) The auditor of state annually shall submit a report to the tax commissioner estimating the costs that the auditor of state will incur during that year in conducting audits under section 3517.17 of the Revised Code. The tax commissioner shall pay to the auditor of state, from the Ohio political party fund, moneys sufficient to pay the auditor of state's estimated costs of the audits referred to in this division.
(2) After the costs of audits are deducted under division (B)(1) of this section, the tax commissioner shall pay any moneys remaining in the fund only to political parties qualifying for them under division (B) of section 3517.17 of the Revised Code.
Sec. 3525.01. As used in this chapter:
(A) "Campaign committee," "candidate," and "contribution" have the same meanings as in section 3517.01 of the Revised Code.
(B) "Certified candidate" means a candidate for the office of chief justice or justice of the supreme court, who chooses to participate in the public financing program established by this chapter and who is certified as a public financing program candidate under section 3525.05 of the Revised Code.
(C) "Fund" means the Ohio public financing program fund created by section 3525.03 of the Revised Code.
(D) "Nonparticipating candidate" means a candidate for the office of chief justice or justice of the supreme court, who does not choose to participate in the public financing program established by this chapter, who is not seeking to be certified as a public financing program candidate under section 3525.05 of the Revised Code, or both.
(E) "Participating candidate" means a candidate for the office of chief justice or justice of the supreme court, who chooses to participate in the public financing program established by this chapter and who is seeking to be certified as a public financing program candidate under section 3525.05 of the Revised Code.
(F) "Qualifying contribution" means a contribution to which all of the following apply:
(1) The contribution is for twenty-five dollars and in the form of a check or money order signed by the contributor and made payable to the Ohio public financing program fund in support of a candidate.
(2) The contribution is made by a person registered to vote in this state whose voter registration has been verified by the applicable board of elections.
(3) The contribution is made during the designated qualifying period.
(4) The contributor acknowledges that the contribution was made with the contributor's personal funds, was made in support of the candidate, and was not given in exchange for anything of value, on a form provided by the secretary of state.
(5) The candidate acknowledges that the contribution was obtained with the candidate's knowledge and approval and that nothing of value was given in exchange for the contribution, on a form provided by the secretary of state.
(G) "Qualifying period" means the period beginning on the first day of October in the year preceding the year in which the candidate is seeking election to office and ending at five p.m. on the day of the primary election.
Sec. 3525.02. (A) This chapter establishes a public campaign financing option for candidates for the offices of chief justice and justice of the supreme court. The secretary of state shall administer the public campaign financing system established pursuant to this chapter and the Ohio public financing program fund established under section 3525.03 of the Revised Code. Neither this section nor any other section of the Revised Code exempts, or shall be construed to exempt, candidates who are participating in the public campaign financing system from complying with any otherwise applicable election or campaign finance law or rule.
(B) The public campaign financing system established pursuant to this chapter initially shall be available to candidates for the offices of chief justice and justice of the supreme court for elections to be held in the year 2014 and shall be available to candidates for those offices in all subsequent elections.
(C) If the balance in the Ohio public financing fund exceeds six million dollars following a year in which one or more candidates for the office of chief justice or justice of the supreme court have received public financing under this chapter, the secretary of state, by rule, shall extend the public financing system to candidates for the office of judge of a court of appeals. In prescribing rules under this division, the secretary of state may adjust the amounts of qualifying contributions a candidate is required to receive, the value of contributions that a candidate may accept to establish the candidate's campaign and fund any applicable primary election, and any other similar number or value as the secretary of state deems appropriate, so that the public financing system for judges for a court of appeals operates in a substantially similar manner to the operation of the public financing system for candidates for the office of chief justice and justice of the supreme court.
Sec. 3525.03. (A) There is hereby created in the state treasury the Ohio public financing program fund to finance the election campaigns of candidates for the office of chief justice and justice of the supreme court, who are certified public financing program candidates, and to pay administrative and enforcement costs incurred by the secretary of state related to the administration of the Ohio public financing program. Any interest generated by the fund shall be credited to the fund.
(B) All of the following moneys shall be deposited into the Ohio public financing program fund:
(1) Qualifying contributions that are required to be submitted to the secretary of state under section 3525.05 of the Revised Code;
(2) Any moneys a candidate receives pursuant to section 3525.04 of the Revised Code for campaign origination and primary election purposes that remain unspent after the primary election;
(3) Moneys distributed from the fund to a certified candidate that remain unspent after the conclusion of the general election at which the candidate is seeking election;
(4) Moneys distributed from the fund to a certified candidate who withdraws as a candidate or whose certification is revoked under section 3525.09 of the Revised Code;
(5) All moneys received as a result of individuals exercising the designation option on their state income tax returns provided for in division (B) of section 5747.081 of the Revised Code;
(6) Fines imposed by the secretary of state under section 3525.99 of the Revised Code and moneys required to be returned to the fund under that section.
(C) If the secretary of state determines that the fund will not have sufficient moneys to cover the likely demand for moneys from the Ohio public financing fund in an upcoming election, by the first day of January the secretary of state shall provide a report of the secretary's projections of the balances in the fund to the governor, the speaker of the house of representatives, the president of the senate, and the chief justice of the supreme court.
Sec. 3525.04. (A) A participating candidate shall file a declaration of intent to seek certification as a public financing program candidate and otherwise comply with the requirements of this chapter. Except as otherwise provided by rule of the secretary of state under section 3525.10 of the Revised Code, a participating candidate shall file the declaration of intent with the secretary of state prior to or during the qualifying period for the election in which the candidate is seeking to become a certified candidate, and within five days of collecting any qualifying contributions under this chapter. The declaration of intent shall be filed on a form and in accordance with procedures developed by the secretary of state.
(B) After becoming a candidate, but prior to certification as a certified candidate, a participating candidate may accept contributions only in accordance with this section and section 3525.05 of the Revised Code.
(C)(1) A participating candidate may accept contributions aggregating not more than one hundred thousand dollars for the purpose of originating the candidate's campaign and funding the candidate's primary election campaign, if any. Contributions accepted under this division are subject to any applicable limits established under section 3517.102 of the Revised Code or established by the supreme court pursuant to its authority under Article IV, Section 5 of the Ohio Constitution.
A participating candidate shall limit the candidate's expenditures for the purpose of originating the candidate's campaign and funding the candidate's primary election to the amount of contributions received under this division.
(2) In addition to the statements required to be filed under Chapter 3517. of the Revised Code, a participating candidate or a certified candidate shall file a statement, not later than seven days after the primary election, identifying the amount of contributions that the candidate's campaign committee received under division (C)(1) of this section and the amount of those contributions that remain unspent as of the day of the primary election. The campaign committee of a participating candidate or certified candidate shall pay any amounts remaining unspent as of the day of the primary election into the Ohio public financing program fund established under section 3525.03 of the Revised Code not later than the seventh day after the day of the primary election.
Sec. 3525.05. (A)(1) In order to qualify for certification as a public financing candidate, a participating candidate shall obtain five hundred qualifying contributions during the qualifying period.
No payment, gift, or anything of value shall be given in exchange for a qualifying contribution.
(2) A candidate may pay the fee for a money order that is a qualifying contribution in the amount of five dollars as long as the contributor making the qualifying contribution pays the five dollar amount reflected on the money order. Any money order fees paid by a participating candidate shall be paid for with contributions received pursuant to section 3525.04 of the Revised Code and reported in accordance with rules adopted by the secretary of state. A money order shall be signed by the contributor to be a valid qualifying contribution. The secretary of state may establish, by rule, a procedure for qualifying contributions to be made by a credit or debit transaction and by electronic funds transfer over the internet. Records containing information provided by contributions who have made qualifying contributions over the internet are confidential, except for the following information:
(a) The name and residential address of the individual making the contribution;
(b) The date of the contribution;
(c) The name and office sought of the candidate in whose support the contribution was made.
(3) No participating candidate or agent of a participating candidate shall misrepresent the purpose of soliciting qualifying contributions and obtaining the contributor's signed acknowledgment.
(B) Participating candidates shall submit all qualifying contributions received, along with their associated acknowledgment forms, to the secretary of state during the qualifying period. The secretary of state shall develop procedures for the submission of qualifying contributions and required information under this division.
(C) After receiving all of the qualifying contributions from a participating candidate under division (B) of this section, the secretary of state shall determine whether the candidate has done all of the following:
(1) Signed and filed a declaration of intent under section 3525.04 of the Revised Code;
(2) Submitted the appropriate number of valid qualifying contributions;
(3) Qualified as a candidate for the office for which the person is seeking election;
(4) Not accepted contributions other than contributions for originating the candidate's campaign and funding the candidate's primary election under section 3525.04 of the Revised Code and qualifying contributions;
(5) Not been found to have made a material false statement in a report or other document submitted to the secretary of state under this chapter;
(6) Not had prior requests for certification denied on the basis of substantial violations of this chapter or Chapter 3517. of the Revised Code or had a prior certification revoked under section 3525.09 of the Revised Code;
(7) Not failed to pay any fine assessed by the secretary of state under this chapter, except that a candidate has three business days from the date of the request for certification to pay any outstanding fines and remain eligible for certification;
(8) Otherwise complied with the requirements for participation in the Ohio public financing program.
(D) Except as otherwise provided in this division, if the secretary of state determines that the participating candidate has complied with divisions (C)(1) to (8) of this section, the secretary of state shall certify the candidate as a public financing program candidate as soon as possible, and in no event later than three days after the candidate's final submission of qualifying contributions and required information. The secretary of state may take additional time to certify a participating candidate if further investigation is necessary to verify compliance with divisions (C)(1) to (8) of this section, as long as the secretary of state notifies the candidate regarding the anticipated schedule for the conclusion of the investigation.
(E)(1) After a candidate has been certified by the secretary of state under division (D) of this section, the candidate shall limit the candidate's general election campaign expenditures to the moneys distributed to the candidate from the Ohio public financing program fund and shall not accept any other contributions for that election unless authorized by the secretary of state. Certified candidates may also accept and spend interest earned on fund moneys that have been distributed to the candidate and kept in campaign accounts. All moneys distributed to certified candidates from the fund shall only be used for campaign-related purposes. No candidate, campaign committee, campaign treasurer, or agent of a candidate or campaign committee shall use moneys distributed to a candidate from the fund for any purpose other than campaign-related purposes. The secretary of state shall prepare and publish guidelines specifying what expenditures constitute permissible campaign-related expenditures.
(2) No certified candidate shall serve as a treasurer or deputy treasurer for that candidate's campaign.
As used in this division, "treasurer" means a campaign treasurer appointed under division (D) of section 3517.10 of the Revised Code, and "deputy treasurer" means a deputy campaign treasurer permitted to be appointed under division (A) of section 3517.081 of the Revised Code.
(3) No candidate and no person who later becomes a candidate, who is seeking certification as a clean election program candidate, and no agent of such a candidate or person shall assist another person in qualifying as a candidate for the same office, if such a candidacy would result in the distribution of moneys from the fund under section 3525.06 of the Revised Code for certified candidates in a contested election.
(4) A candidate shall not make expenditures using moneys distributed from the fund to pay the candidate or a sole proprietorship of the candidate for campaign-related services.
(5) A candidate shall not make expenditures using moneys distributed from the fund to pay a member of the candidate's immediate family or household, or a business, corporation, or nonprofit entity in which the candidate or a member of the candidate's immediate family or household holds a significant proprietary or financial interest, unless the candidate submits evidence according to procedures established by the secretary of state that the expenditure will be made:
(a) For a legitimate campaign-related purpose;
(b) To an individual or business that provides goods or services being purchased in the normal course of the person's occupation or business operation;
(c) In an amount that is reasonable, taking into consideration current market value and other factors that the secretary of state may choose to consider.
Division (E)(5) of this section shall not prohibit reimbursement to a member of the candidate's household when made in accordance with this chapter and rules adopted by the secretary of state.
(F) No certified candidate shall fail to comply with any of the requirements of this chapter after certification and throughout the primary and general election periods.
Sec. 3525.06. (A)(1) Within three days after a certified candidate files the statement required under division (C)(2) of section 3525.04 of the Revised Code and the campaign committee of that candidate pays any remaining campaign origination and primary election moneys into the Ohio public financing program fund under that division, the secretary of state shall distribute to the certified candidate moneys from the Ohio public financing program fund.
(2) The secretary of state shall adopt rules under Chapter 119. of the Revised Code specifying the manner in which moneys shall be distributed under this section. Those rules shall include provisions to ensure that the moneys are distributed in an expeditious manner, using a method that ensures accountability and safeguards the integrity of the fund.
(3) The candidate or the candidate's campaign committee authorized under Chapter 3517. of the Revised Code shall deposit all moneys received from the fund in a campaign account maintained in a bank or other financial institution. The campaign funds shall be segregated from, and shall not be commingled with, any other funds.
(B)(1) Not later than July 1, 2013, and at least every four years after that date, the secretary of state shall determine the amount of moneys that is to be distributed to certified candidates. The amount of moneys to be distributed shall be the average amount of campaign expenditures made by each candidate's campaign committee during all general election races for the immediately preceding two general elections for the respective office, as determined by combining the expenditures reported on the pregeneral and postgeneral statements of contributions and expenditures filed by campaign committees of candidates for the respective office under section 3517.10 of the Revised Code.
(2) If, in the opinion of the secretary of state, the immediately preceding two election cycles do not contain sufficient electoral data to make the calculations required under division (B)(1) of this section, the secretary of state shall use information from the most recent applicable elections.
(3) If the public financing program is extended to candidates for the office of judge of a court of appeals pursuant to division (C) of section 3525.02 of the Revised Code, the amount to be distributed to a certified candidate for the office of judge of a court of appeals shall be one hundred thousand dollars.
(C) The secretary of state shall not distribute moneys to certified candidates in excess of the total amount of money credited to the fund under division (B) of section 3525.03 of the Revised Code. Notwithstanding any provision of this chapter to the contrary, if the secretary of state determines that the fund is insufficient to fulfill the required distributions under division (A) of this section, the secretary of state may permit, in accordance with rules adopted by the secretary of state, certified candidates to receive and expend contributions, subject to contribution limits applicable under section 3517.102 of the Revised Code or established by the supreme court pursuant to its authority under Article IV, Section 5 of the Ohio Constitution, up to the applicable limit for distribution under division (B) of this section.
Sec. 3525.07. (A) Notwithstanding any provision of the Revised Code to the contrary, participating candidates and certified candidates shall report any contributions received, expenditures made, and obligations and related activities to the secretary of state in accordance with procedures the secretary of state shall develop. In developing the reporting procedures, the secretary of state shall utilize the existing campaign finance reporting requirements of Chapter 3517. of the Revised Code whenever practicable. The secretary of state shall ensure timely public access to campaign finance data reported under this section and may use electronic means of reporting and storing information.
(B) If a certified candidate pays moneys received from the Ohio public financing program fund to a member of the candidate's immediate family or household or a business or nonprofit entity affiliated with a member of the candidate's immediate family or household, the candidate shall disclose the family or household relationship in the manner prescribed by the secretary of state.
(C) The treasurer of a campaign committee of a participating candidate or a certified candidate shall obtain and keep all of the following:
(1) Bank or other account statements for the campaign account covering the duration of the campaign;
(2) A vendor invoice stating the particular goods or services purchased for every expenditure of fifty dollars or more;
(3) A record proving that a vendor received payment for every expenditure of fifty dollars or more in the form of a canceled check, cash receipt from the vendor, or a bank or credit card statement identifying the vendor as the payee.
The treasurer shall preserve the records for two years following the candidate's final campaign finance report under Chapter 3517. of the Revised Code for the applicable election period. The candidate and treasurer shall submit photocopies of the records to the secretary of state upon request.
(D) The secretary of state shall audit the campaigns of the candidates who receive funds under this chapter to verify compliance with election and campaign laws and rules. Within one month of declaring an intention to qualify for public financing, a candidate for the office of chief justice or justice of the supreme court, the treasurer of the candidate's campaign committee, and any other relevant campaign staff shall meet with the staff of the office of the secretary of state to discuss audit standards, expenditure guidelines, and recordkeeping requirements.
Sec. 3525.08. Upon the filing of a final report under section 3525.07 of the Revised Code for the general election for which the candidate received public financing program funds, the campaign committee of a certified candidate shall return all unspent distributed moneys to the secretary of state for deposit into the Ohio public financing program fund.
Sec. 3525.09. (A) The certification of a certified candidate may be revoked at any time if the secretary of state determines that the candidate or an agent of the candidate did any of the following:
(1) Failed to submit the required number of valid qualifying contributions;
(2) Failed to qualify as a candidate for the office for which the person is seeking election;
(3) Submitted any fraudulent qualifying contributions or qualifying contributions that were not made by the named contributor;
(4) Misrepresented to a contributor the purpose of the qualifying contribution or the purpose of obtaining the contributor's signature on the receipt and acknowledgement form;
(5) Except as otherwise provided in section 3525.04 of the Revised Code, knowingly accepted any contributions, including any in-kind contributions, or used funds other than Ohio public financing program fund moneys distributed under this chapter, to make campaign-related expenditures without the permission of the secretary of state;
(6) Knowingly made a false statement or material misrepresentation in any report or other document required to be filed under this chapter or Chapter 3517. of the Revised Code;
(7) Otherwise substantially violated the provisions of this chapter or Chapter 3517. of the Revised Code.
(B) A candidate whose certification may be revoked shall be provided with the opportunity for a hearing on the potential revocation. A candidate whose certification is revoked shall return all unspent funds to the secretary of state within three days after the secretary of state's decision and may be required to return all funds distributed to the candidate. In addition to the requirement to return funds, the candidate may be required to pay a fine under section 3525.99 of the Revised Code. The candidate may appeal the secretary of state's decision to revoke certification under division (C)(3) of this section.
(C) A candidate who has been denied certification as a public financing program candidate, the opponent of a candidate who has been granted that certification, or any other interested person may challenge the secretary of state's decision denying or granting the certification as follows:
(1) A challenger may appeal to the secretary of state within seven days after the certification decision. The appeal shall be in writing and set forth the reasons for the appeal.
(2) Except as otherwise provided in this division, within five days after an appeal is properly made and after the secretary of state provides notice to the challenger and any opponents of that challenger, the secretary of state shall hold a hearing on the appeal. The secretary of state may extend the five-day period upon agreement of the challenger and the candidate whose certification is the subject of the appeal or in response to the request of either party upon a showing of good cause. The challenger has the burden of proving that the secretary of state's decision denying or granting certification was in error as a matter of law or was based on factual error. The secretary of state shall rule on the appeal within five business days after the hearing.
(3)(a) Within five days after the secretary of state rules on an appeal under division (C)(2) of this section, a challenger may appeal that ruling by commencing an action in the court of common pleas of Franklin county. The court shall conduct a hearing on the appeal within ten days after the date of the secretary of state's ruling under division (C)(2) of this section and shall issue a written decision containing findings of fact and conclusions of law within twenty days after the date of the secretary of state's ruling. Upon timely application, any person may intervene in the appeal if the applicant claims an interest relating to the certification decision, unless the applicant's interest is adequately represented by existing parties to the appeal.
(b) Any aggrieved party may appeal the decision of the court of common pleas by filing a notice of appeal within three days after the court renders its decision under division (C)(3)(a) of this section. The record on appeal shall be transmitted to the court of appeals within three days after the notice of appeal is filed. After the filing of the notice of appeal, the parties shall file their briefs and appendices with the clerk of the court of appeals within four days. As soon as the record and briefs have been so filed, the court of appeals shall consider the case. The court of appeals shall issue its decision within fourteen days after the date of the decision of the court of common pleas.
(4) If the secretary of state, a court of common pleas, or a court of appeals determines that an appeal was made under this section frivolously or for the purpose of causing delay or hardship, the secretary of state or court may order the challenger to pay the costs incurred by the secretary of state, opposing parties, or the court in relation to the appeal.
(D) A candidate whose certification as a public financing program candidate is revoked on an appeal under this section shall return to the secretary of state any unspent moneys the secretary of state distributed to that candidate under division (A) of section 3525.06 of the Revised Code. Those moneys shall be deposited into the Ohio public financing program fund.
Sec. 3525.10. The secretary of state shall adopt rules under Chapter 119. of the Revised Code to ensure the effective administration of this chapter. Those rules shall include, but are not limited to, procedures for all of the following:
(A) Obtaining qualifying contributions;
(B) Certification as a public financing program candidate;
(C) The operation of the Ohio public financing program as it applies to ballot vacancies, candidate withdrawals, and replacement candidates;
(D) The operation of the Ohio public financing program as it applies to special elections and recounts;
(E) Collection of moneys for the fund;
(F) Distribution of moneys to certified candidates;
(G) Return of unspent distributions to the fund;
(H) Disposition of equipment purchased with moneys distributed from the fund;
(I) Compliance with the Ohio public financing program.
Sec. 3525.11. Not later than January 31, 2015, and every year after that date, the secretary of state shall prepare and submit to the governor, the speaker of the house of representatives, the president of the senate, and the chief justice of the supreme court a report documenting, evaluating, and making recommendations relating to the administration, implementation, and enforcement of the Ohio public financing program and the Ohio public financing program fund.
Sec. 3525.99. (A) If the secretary of state finds that a violation of any provision of this chapter has occurred, the secretary of state shall impose a fine upon the violator in accordance with division (B) of this section. In determining whether a candidate has violated the expenditure limits of this chapter, the secretary of state may consider as a mitigating factor any circumstances out of the candidate's control. In addition to any fine, for good cause shown, the secretary of state may require a candidate, treasurer, consultant, or other agent of the candidate or campaign committee found to be in violation of this chapter or the secretary of state's rules to return to the secretary of state all moneys distributed to that candidate under division (A) of section 3525.06 of the Revised Code for deposit into the Ohio public financing program fund.
(B)(1) A participating candidate who accepts contributions or makes expenditures in violation of division (C)(1) of section 3525.04 of the Revised Code shall be fined an amount equal to three times the amount accepted or expended in violation of that division and shall be ineligible for certification as a public financing program candidate under section 3525.05 of the Revised Code.
(2) A certified candidate who accepts contributions or makes expenditures in violation of division (E)(1) of section 3525.05 of the Revised Code shall be fined an amount equal to three times the amount accepted or expended in violation of that division and shall return to the secretary of state all moneys distributed to the candidate under division (A) of section 3525.06 of the Revised Code for deposit into the Ohio public financing program fund.
(3) Whoever violates any other provision of this chapter shall be fined an amount not to exceed ten thousand dollars.
(C) Fines imposed under this section shall be paid into the Ohio public financing program fund.
Sec. 5747.081.  An individual whose state income tax liability for a tax year is one dollar or more may designate that one dollar be paid into the Ohio political party fund to be divided among qualifying political parties. If a husband and wife who file a joint tax return have a tax liability of two dollars or more, each spouse may designate that one dollar be paid into the fund. The (A) An individual taxpayer whose net tax liability under this chapter for the taxable year for which the return is filed is one dollar or more, or two dollars or more in the case of a joint return, may designate on the return that one dollar, or one or two dollars in the case of a joint return, be paid into the Ohio political party fund created in section 3517.16 of the Revised Code.
(B) An individual taxpayer whose net liability under this chapter for the taxable year for which the return is filed is fifty dollars or more may designate that fifty dollars be paid into the Ohio public financing program fund created in section 3525.03 of the Revised Code. If two individuals file a joint return and their net tax liability is one hundred dollars or more, each individual may designate that fifty dollars be paid into the fund. This division does not apply to an individual who claims a credit under section 5747.29 of the Revised Code for the taxable year for which the return is filed.
(C) The tax commissioner shall provide, on the face of the individual income tax return form, a place where a taxpayer may make the designation designations authorized in this section. The tax commissioner shall include language informing the taxpayer of the purpose of the each designation and indicating that a designation will not increase or decrease the taxpayer's tax liability.
Section 2. That existing sections 3501.05, 3517.16, and 5747.081 of the Revised Code are hereby repealed.
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