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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 362
2025-2026
Representatives Miller, J., Abdullahi
Cosponsors: Representatives Russo,
Grim, McNally, Brennan, White, E., Rader, Brent, Troy
To
amend
sections
3517.153, 3517.154, 3517.155, 3517.993, and
3599.40
and to enact section 3517.24 of the Revised Code
to
regulate the dissemination of deceptive and fraudulent synthetic
media for the purpose of influencing the results of an election.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections
3517.153, 3517.154, 3517.155, 3517.993, and
3599.40
be amended and section 3517.24 of the Revised Code be enacted to read
as follows:
Sec.
3517.153.
(A)
Upon the filing of a complaint with the Ohio elections commission,
which shall be made by affidavit of any person, on personal
knowledge, and subject to the penalties for perjury, or upon the
filing of a complaint made by the secretary of state or an official
at the board of elections, setting forth a failure to comply with or
a violation of any provision in sections 3517.08 to 3517.13, 3517.20
to 3517.22, 3599.03, or 3599.031 of the Revised Code, the commission
shall proceed in accordance with sections 3517.154 to 3517.157 of the
Revised Code.
(B)
The commission shall prescribe the form for complaints made under
division (A) of this section. The secretary of state and boards of
elections shall furnish the information that the commission requests.
The commission or a member of the commission may administer oaths,
and the commission may issue subpoenas to any person in the state
compelling the attendance of witnesses and the production of relevant
papers, books, accounts, and reports. Section 101.42 of the Revised
Code governs the issuance of subpoenas insofar as applicable. Upon
the refusal of any person to obey a subpoena or to be sworn or to
answer as a witness, the commission may apply to the court of common
pleas of Franklin county under section 2705.03 of the Revised Code.
The court shall hold proceedings in accordance with Chapter 2705. of
the Revised Code.
(C)
No prosecution shall commence for a violation of a provision in
sections 3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22,
3517.24,
3599.03,
or 3599.031 of the Revised Code unless a complaint has been filed
with the commission under this section and all proceedings of the
commission or a panel of the commission, as appropriate, under
sections 3517.154 to 3517.157 of the Revised Code are completed.
(D)
The commission may recommend legislation and render advisory opinions
concerning sections 3517.08, 3517.082, 3517.092, 3517.102, 3517.105,
3517.1014, 3517.13, 3517.20 to 3517.22,
3517.24,
3599.03,
and 3599.031 of the Revised Code for persons over whose acts it has
or may have jurisdiction. When the commission renders an advisory
opinion relating to a specific set of circumstances involving any of
those sections stating that there is no violation of a provision in
those sections, the person to whom the opinion is directed or a
person who is similarly situated may reasonably rely on the opinion
and is immune from criminal prosecution and a civil action,
including, without limitation, a civil action for removal from public
office or employment, based on facts and circumstances covered by the
opinion.
(E)
The commission shall establish a web site on which it shall post, at
a minimum, all decisions and advisory opinions issued by the
commission and copies of each election law as it is amended by the
general assembly. The commission shall update the web site regularly
to reflect any changes to those decisions and advisory opinions and
any new decisions and advisory opinions.
Sec.
3517.154.
(A)(1)
The full-time attorney for the Ohio elections commission shall review
each complaint filed with the commission under section 3517.153 of
the Revised Code, shall determine the nature of the complaint, and,
unless division (A)(2)(a) of this section requires that the complaint
receive an automatic expedited hearing, shall make a recommendation
to the commission for its disposition, in accordance with this
section. The attorney shall make the determination and the
recommendation, if required, not later than one business day after
the complaint is filed.
(2)(a)
If the attorney determines that the complaint sets forth a violation
of division (B) of section 3517.21
or
,
division
(B) of section 3517.22
,
or section 3517.24
of the Revised Code and that the complaint is filed during one of the
periods of time specified in division (B)(1) of section 3517.156 of
the Revised Code, the complaint shall receive an automatic expedited
hearing under section 3517.156 of the Revised Code.
(b)
If the attorney determines that the complaint sets forth a failure to
comply with or a violation of division (G), (I), (J), (O), (P), or
(Q) of section 3517.13, division (A) of section 3517.21,
or
division
(A) of section 3517.22
,
or section 3517.24
of the Revised Code and that the complaint is filed during one of the
periods of time specified in division (B)(1) of section 3517.156 of
the Revised Code, the attorney shall recommend to the commission that
the complaint receive an expedited hearing under section 3517.156 of
the Revised Code, and the complaint shall receive such a hearing.
(c)
If the attorney determines that the complaint sets forth a failure to
comply with or a violation of a section of the Revised Code over
which the commission has jurisdiction to hear complaints other than
the sections described in divisions (A)(2)(a) and (b) of this
section, and unless the attorney makes a determination as provided
for in division (A)(3) of this section, the attorney shall recommend
to the commission that the complaint be submitted to the commission
under section 3517.155 of the Revised Code. After the attorney makes
that recommendation, the attorney shall notify all parties to the
complaint of the attorney's recommendation.
(3)(a)
If a complaint sets forth a failure to comply with or a violation of
a section of the Revised Code over which the commission has
jurisdiction to hear complaints other than the sections described in
divisions (A)(2)(a) and (b) of this section and if the complaint is
filed during one of the periods of time specified in division (B)(1)
of section 3517.156 of the Revised Code, the attorney may determine
that the complaint should receive an expedited hearing under that
section. The attorney shall make that determination by considering
one or more of the following:
(i)
The number of prior failures to comply with or violations of Title
XXXV of the Revised Code that the person or entity against whom the
complaint has been brought has committed and any prior penalties the
commission has imposed on the person or entity;
(ii)
If the complaint involves a statement required to be filed under
section 3517.10, division (E) of section 3517.102, or section
3517.105, 3517.107, 3517.108, 3517.109, 3517.1011, 3517.1012, or
3517.1014 of the Revised Code or an addendum required to be filed
under section 3517.11 of the Revised Code that is filed late, how
late the filing is and how much time has elapsed between the deadline
for filing the statement or addendum and the filing of the complaint;
(iii)
If the complaint involves contributions and expenditures,
contributions and disbursements, deposits and disbursements, gifts
and disbursements, or donations and disbursements required to be
reported under section 3517.10, division (E) of section 3517.102, or
section 3517.105, 3517.107, 3517.108, 3517.109, 3517.1011, 3517.1012,
3517.1013, or 3517.1014 of the Revised Code that are either not
reported or reported late, the number of contributions and
expenditures, contributions and disbursements, deposits and
disbursements, gifts and disbursements, or donations and
disbursements not reported or how late they were reported;
(iv)
If the complaint involves contributions required to be reported by a
campaign committee under section 3517.10, division (E) of section
3517.102, or section 3517.105, 3517.107, 3517.108, or 3517.109 of the
Revised Code that are not reported, whether any of the contributors
of the contributions not reported have a personal or professional
relationship with the campaign committee's candidate;
(v)
If the complaint involves a statement required to be filed under
section 3517.10, division (E) of section 3517.102, or section
3517.105, 3517.107, 3517.108, 3517.109, 3517.1011, 3517.1012,
3517.1013, or 3517.1014 of the Revised Code that is incomplete, the
degree to which it is incomplete;
(vi)
If the complaint involves the receipt of contributions in violation
of section 3599.03 of the Revised Code, the dollar amount and number
of contributions received in violation of that section;
(vii)
If the complaint involves a failure to make the identification or a
misstatement of the identification required under section 3517.105 or
3517.20 of the Revised Code, whether the failure or misstatement was
purposely made;
(viii)
If the complaint sets forth a failure to comply with or a violation
of a section of the Revised Code described in division (A)(2)(c) of
this section, whether the person or entity against whom the complaint
has been made has committed more than one such failure or violation
within a reasonable amount of time, or whether the cumulative nature
of the failures or violations indicates a systematic disregard for
the law.
(b)
Prior to making a determination under division (A)(3)(a) of this
section that the complaint should receive an expedited hearing under
section 3517.156 of the Revised Code, the attorney shall take into
consideration the number of panels of the commission that have cases
pending before them and the number of cases pending before the panels
and shall not make a determination that will place an undue burden on
a panel of the commission.
(c)
If the attorney determines that the complaint should receive an
expedited hearing under section 3517.156 of the Revised Code, the
attorney shall recommend to the commission that the complaint receive
an expedited hearing, and, if a majority of the members of the
commission agrees with the recommendation, the complaint shall
receive an expedited hearing under that section.
(4)
The attorney may join two or more complaints if the attorney
determines that the allegations in each complaint are of the same or
similar character, are based on the same act or failure to act, or
are based on two or more acts or failures to act constituting parts
of a common scheme or plan. If one complaint contains two or more
allegations, the attorney may separate the allegations if they are
not of the same or similar character, if they are not based on the
same act or failure to act, or if they are not based on two or more
acts or failures to act constituting parts of a common scheme or
plan. If the attorney separates the allegations in a complaint, the
attorney may make separate recommendations under division (A)(2) or
(3) of this section for each allegation.
(B)
Whenever a person or other entity files a complaint with the
commission setting forth a failure to comply with or a violation of a
section of the Revised Code as described in division (A)(2)(c) of
this section and the complaint is filed during one of the periods of
time specified in division (B)(1) of section 3517.156 of the Revised
Code, the person or entity may request an expedited hearing under
that section at the time the complaint is filed. The attorney for the
commission shall inform the members of the commission of that request
at the time the attorney makes a recommendation under division (A) of
this section. The commission may grant the request for an expedited
hearing under this division if it determines that an expedited
hearing is practicable.
Sec.
3517.155.
(A)(1)
Except as otherwise provided in division (B) of this section, the
Ohio elections commission shall hold its first hearing on a complaint
filed with it, other than a complaint that receives an expedited
hearing under section 3517.156 of the Revised Code, not later than
ninety business days after the complaint is filed unless the
commission has good cause to hold the hearing after that time, in
which case it shall hold the hearing not later than one hundred
eighty business days after the complaint is filed. At the hearing,
the commission shall determine whether or not the failure to act or
the violation alleged in the complaint has occurred and shall do only
one of the following, except as otherwise provided in division (B) of
this section or in division (B) of section 3517.151 of the Revised
Code:
(a)
Enter a finding that good cause has been shown not to impose a fine
or not to refer the matter to the appropriate prosecutor;
(b)
Impose a fine under section 3517.993 of the Revised Code;
(c)
Refer the matter to the appropriate prosecutor
;
.
(2)
As used in division (A) of this section, "appropriate
prosecutor" means a prosecutor as defined in section 2935.01 of
the Revised Code and either of the following:
(a)
In the case of a failure to comply with or a violation of law
involving a campaign committee or the committee's candidate, a
political party, a legislative campaign fund, a political action
committee, or a political contributing entity, that is required to
file a statement of contributions and expenditures with the secretary
of state under division (A) of section 3517.11 of the Revised Code,
the prosecutor of Franklin county;
(b)
In the case of a failure to comply with or a violation of law
involving any other campaign committee or committee's candidate, or
any other political party, political action committee, or political
contributing entity either of the following as determined by the
commission:
(i)
The prosecutor of Franklin county;
(ii)
The prosecutor of the county in which the candidacy or ballot
question or issue is submitted to the electors or, if it is submitted
in more than one county, the most populous of those counties.
(B)
If the commission decides that the evidence is insufficient for it to
determine whether or not the failure to act or the violation alleged
in the complaint has occurred, the commission, by the affirmative
vote of five members, may request that an investigatory attorney
investigate the complaint. Upon that request, an investigatory
attorney shall make an investigation in order to produce sufficient
evidence for the commission to decide the matter. If the commission
requests an investigation under this division, for good cause shown
by the investigatory attorney, the commission may extend by sixty
days the deadline for holding its first hearing on the complaint as
required in division (A) of this section.
(C)
The commission shall take one of the actions required under division
(A) of this section not later than thirty days after the close of all
the evidence presented.
(D)(1)
The commission shall make any finding of a failure to comply with or
a violation of law in regard to a complaint that alleges a violation
of division (A) or (B) of section 3517.21, or division (A) or (B) of
section 3517.22 of the Revised Code by clear and convincing evidence.
The commission shall make any finding of a failure to comply with or
a violation of law in regard to any other complaint by a
preponderance of the evidence.
(2)
If the commission finds a violation of division (B) of section
3517.21 or division (B) of section 3517.22 of the Revised Code, it
shall refer the matter to the appropriate prosecutor under division
(A)(1)(c) of this section and shall not impose a fine under division
(A)(1)(b) of this section or section 3517.993 of the Revised Code.
(3)
If the commission finds a violation of section 3517.24 of the Revised
Code, it may impose a fine under section 3517.993 of the Revised
Code, but it shall not refer the matter to a prosecutor.
(E)
In an action before the commission or a panel of the commission, if
the allegations of the complainant are not proved, and the commission
takes the action described in division (A)(1)(a) of this section or a
panel of the commission takes the action described in division (C)(1)
of section 3517.156 of the Revised Code, the commission or a panel of
the commission may find that the complaint is frivolous, and, if the
commission or panel so finds, the commission shall order the
complainant to pay reasonable attorney's fees and to pay the costs of
the commission or panel as determined by a majority of the members of
the commission. The costs paid to the commission or panel under this
division shall be deposited into the Ohio elections commission fund.
Sec.
3517.24.
(A)
As used in this section:
(1)
"Synthetic media" means an image or an audio or video
recording of a real individual's appearance, speech, or conduct that
is realistic but false and that is created or intentionally
manipulated using generative adversarial network techniques or other
digital technology.
(2)
"Deceptive and fraudulent synthetic media" means synthetic
media to which either of the following apply:
(a)
It appears to a reasonable person to depict the individual making a
statement the individual did not make or taking an action the
individual did not take.
(b)
It gives a reasonable person a fundamentally different understanding
or impression of the individual's appearance, speech, or conduct than
an unaltered, original version of the image or audio or video
recording would give the reasonable person.
(B)
Except as otherwise provided in division (C) of this section, during
the period beginning ninety days before the day of an election and
ending on the day of the election, no person shall recklessly
disseminate deceptive and fraudulent synthetic media for the purpose
of influencing the results of the election without disclosing that
fact as follows:
(1)
In the case of an image, the image shall be accompanied by the
following written statement: "This image has been manipulated or
generated by artificial intelligence." The statement shall be in
a font size that is easily readable by the average viewer.
(2)
In the case of an audio recording, the audio recording shall include
the following statement, spoken in a clear manner at a pitch that is
easily heard by the average listener: "This audio recording has
been manipulated or generated by artificial intelligence." The
statement shall be made at the beginning and end of the audio
recording and, in the case of an audio recording that is more than
four minutes long, at least every two minutes during the audio
recording.
(3)
In the case of a video recording, the video recording shall include,
for the entire duration of the video recording, the following written
statement: "This video recording has been manipulated or
generated by artificial intelligence." The statement shall be in
a font size that is easily readable by the average viewer.
(C)
Division (B) of this section does not apply to any of the following:
(1)
The dissemination of deceptive and fraudulent synthetic media by a
radio or television broadcaster, including a cable or satellite
television operator, programmer, or producer, when either of the
following apply:
(a)
The dissemination is part of a bona fide newscast, news interview,
news documentary, or on-the-spot coverage of bona fide news events
and either of the following apply:
(i)
The broadcast clearly acknowledges through content or a disclosure,
in a manner that can be easily heard or read by the average listener
or viewer, that there are questions about the authenticity of the
deceptive and fraudulent synthetic media.
(ii)
The broadcaster is required by law to disseminate the deceptive and
fraudulent synthetic media at the direction of a candidate.
(b)
The broadcaster is paid to disseminate the deceptive and fraudulent
synthetic media and either of the following apply:
(i)
The broadcaster, after making a good faith effort, determines that
the image or video or audio recording is not deceptive and fraudulent
synthetic media.
(ii)
The broadcaster is required by law to disseminate the deceptive and
fraudulent synthetic media at the direction of a candidate.
(2)
The dissemination of deceptive and fraudulent synthetic media on an
internet web site or in a regularly published newspaper, magazine, or
other periodical of general circulation, including an internet or
electronic publication, that routinely carries news and commentary of
general interest, if the web site or periodical clearly states that
the deceptive and fraudulent synthetic media does not accurately
represent the depicted individual's appearance, speech, or conduct;
(3)
The dissemination of deceptive and fraudulent synthetic media that
constitutes satire or parody.
(D)(1)
Whoever violates this section is subject to a civil penalty as
follows:
(a)
Except as otherwise provided in divisions (D)(1)(b) and (c) of this
section, a fine of not more than one thousand dollars;
(b)
Except as otherwise provided in division (D)(1)(c) of this section,
if the violator commits the violation with the intention to incite
violence or bodily harm, a fine of not more than five thousand
dollars;
(c)
For a second or subsequent violation within a period of five years, a
fine of not more than ten thousand dollars.
(2)
A person harmed by a violation of this section has and may commence a
civil cause of action against the violator for injunctive or other
equitable relief. The cause of action created by this division is in
addition to any other cause of action available under statutory or
common law.
Sec.
3517.993.
This
section authorizes the establishment of fines that may be imposed
only with respect to acts or failures to act that occur on and after
August 24, 1995.
(A)
Except as otherwise provided in division (D)(2) of section 3517.155
of the Revised Code, the Ohio elections commission may impose
administrative fines under division (A)(1)(b) of section 3517.155 of
the Revised Code in accordance with the amounts set forth under
sections
3517.24,
3517.992,
3599.03, and 3599.031 of the Revised Code.
(B)
The commission may suspend all or part of a fine it imposes under
this section upon whatever terms and conditions the commission
considers just.
(C)(1)
The commission shall consider any of the following circumstances in
determining whether to impose a maximum fine under this section:
(a)
Whether the violator has been found guilty of any other violation of
Title XXXV of the Revised Code;
(b)
Whether the violation was made knowingly or purposely;
(c)
Whether any relevant statements, addenda, or affidavits required to
be filed have not been filed;
(d)
Whether the violator has any outstanding fines imposed for a
violation of Title XXXV of the Revised Code;
(e)
Whether the violation occurred during the course of a campaign.
(2)
The commission shall consider any of the following circumstances in
determining whether to impose a minimal fine or no fine under this
section:
(a)
Whether the violator previously has not been found guilty of any
other violation of Title XXXV of the Revised Code;
(b)
Whether the violator has promptly corrected the violator's violation;
(c)
Whether the nature and circumstances of the violation merit a minimum
fine;
(d)
Whether there are substantial grounds tending to excuse or justify
the violation, although failing to establish a defense to the
violation;
(e)
Whether the violation was not purposely committed.
(3)
The circumstances set forth in divisions (C)(1) and (2) of this
section shall be considered by, but shall not control the decision
of, the commission in imposing a fine.
(D)
Fines imposed by the commission under this section shall be paid into
the Ohio elections commission fund.
Sec.
3599.40.
Except
as otherwise provided in section 3599.39 of the Revised Code
and except for a violation of section 3517.24 of the Revised Code
,
whoever violates any provision of Title XXXV of the Revised Code,
unless otherwise provided in such title, and whoever violates
division (D) of section 9.03 of the Revised Code, is guilty of a
misdemeanor of the first degree.
Section
2.
That
existing
sections
3517.153, 3517.154, 3517.155, 3517.993, and
3599.40
of the Revised Code
are
hereby
repealed.