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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 747
2025-2026
Representative Stephens
To
amend sections 9.97, 101.70, 107.43, 113.40, 117.15, 121.03, 141.01,
141.011, 3505.03, 3505.33, 3505.35, 3513.052, 3513.10, 3517.092,
3517.10, 3517.102, 3517.103, 3517.104, 3517.106, 3517.108, 3517.109,
4503.033, and 5703.01 of the Revised Code
to
make the Tax Commissioner a statewide elected office.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 9.97, 101.70, 107.43, 113.40, 117.15, 121.03, 141.01,
141.011, 3505.03, 3505.33, 3505.35, 3513.052, 3513.10, 3517.092,
3517.10, 3517.102, 3517.103, 3517.104, 3517.106, 3517.108, 3517.109,
4503.033, and 5703.01 of the Revised Code be amended to read as
follows:
Sec.
9.97.
(A)
Any one of the governor, the lieutenant governor, the attorney
general, the secretary of state, the treasurer of state,
or
the
auditor of state,
or the tax commissioner
shall act as the applicable elected representative of the state for
purposes of any federal law or United States treasury regulation that
requires that bonds, notes, or other obligations of the state or any
of its officers, boards, authorities, commissions, agencies, bodies,
or other entities be approved by an applicable elected representative
of the state or that other conditions be met in order for the
interest income on such obligations to be exempt from federal income
tax.
(B)
Any municipal corporation, township, or county which, pursuant to
state law, created or participated in the creation of any board,
authority, commission, district, agency, body, corporation, or other
entity which is authorized to issue bonds, notes, or other
obligations is hereby expressly authorized to act for such issuer as
the governmental unit on behalf of which such issuer issues bonds,
notes, or other obligations or as the next higher governmental unit
from which the authority of that issuer is derived for purposes of
any federal law or United States treasury regulation which requires
that bonds, notes, or other obligations of such issuer be approved by
the applicable elected representative of such governmental unit or
that other conditions be met in order for the interest income on such
obligations to be exempt from federal income tax. In the event more
than one municipal corporation, township, or county participated in
the creation of any such issuer, any one such municipal corporation,
township, or county, upon request of the issuer for such approval,
shall be deemed to be the governmental unit on behalf of which such
issuer acts or the next higher governmental unit for purposes of the
preceding sentence in this division. For purposes of this division,
"applicable elected representatives" means, in the case of
a municipal corporation and in the case of a county which has a
single chief elected executive officer, its chief elected executive
officer or any one or more other elected official of the municipal
corporation or such county designated by such officer to act, as an
alternative to action by
him
such
officer
,
for the purposes set forth in this division. In the case of a
township or county which has no single chief elected executive
officer, the applicable elected representatives means, in the case of
a township, its board of township trustees and, in the case of a
county, its board of county commissioners, both of which act as the
respective governmental unit's chief elected executive officer, or
any one or more other elected official of each such governmental unit
designated by the respective board to act, as an alternative to
action by it, for the purposes set forth in this division.
(C)
Approvals under this section shall be based solely upon findings of
fact made by the issuer, shall be solely for the purposes of
satisfying requirements of the federal law and United States treasury
regulations, shall be final and conclusive for such purpose, and
shall not constitute an exercise of functions conferred by law upon
the issuer, which functions shall remain in the issuer.
(D)
The authority granted by this section is in addition to and not a
limitation upon other authorization granted by or pursuant to law or
the constitution, and does not preclude any other actions by the
designated or other bodies or officials which would satisfy the
requirements of the federal law or United States treasury
regulations, which actions are hereby authorized.
Sec.
101.70.
As
used in sections 101.70 to 101.79 and 101.99 of the Revised Code:
(A)
"Person" means any individual, partnership, trust, estate,
business trust, association, or corporation; any labor organization
or manufacturer association; any department, commission, board,
publicly supported college or university, division, institution,
bureau, or other instrumentality of the state; or any county,
township, municipal corporation, school district, or other political
subdivision of the state. "Person" includes the Ohio casino
control commission, a member of the commission, the executive
director of the commission, an employee of the commission, and an
agent of the commission.
(B)
"Legislation" means bills, resolutions, amendments,
nominations, and any other matter pending before the general
assembly, any matter pending before the controlling board, or the
executive approval or veto of any bill acted upon by the general
assembly.
(C)
"Compensation" means a salary, gift, payment, benefit,
subscription, loan, advance, reimbursement, or deposit of money or
anything of value; or a contract, promise, or agreement, whether or
not legally enforceable, to make compensation.
(D)
"Expenditure" means any of the following that is made to,
at the request of, for the benefit of, or on behalf of any member of
the general assembly, any member of the controlling board, the
governor, the director of a department created under section 121.02
of the Revised Code, or any member of the staff of any public officer
or employee listed in this division:
(1)
A payment, distribution, loan, advance, deposit, reimbursement, or
gift of money, real estate, or anything of value, including, but not
limited to, food and beverages, entertainment, lodging, or
transportation;
(2)
A contract, promise, or agreement to make an expenditure, whether or
not legally enforceable;
(3)
The purchase, sale, or gift of services or any other thing of value.
"Expenditure"
does not include a contribution, gift, or grant to a foundation or
other charitable organization that is exempt from federal income
taxation under subsection 501(c)(3) of the Internal Revenue Code.
"Expenditure" does not include the purchase, sale, or gift
of services or any other thing of value that is available to the
general public on the same terms as it is available to the persons
listed in this division, or an offer or sale of securities to any
person listed in this division that is governed by regulation D, 17
C.F.R. 230.501 to 230.508, adopted under the authority of the
"Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and
following, or that is governed by a comparable provision under state
law.
(E)
"Actively advocate" means to promote, advocate, or oppose
the passage, modification, defeat, or executive approval or veto of
any legislation by direct communication with any member of the
general assembly, any member of the controlling board, the governor,
the director of any department listed in section 121.02 of the
Revised Code, or any member of the staff of any public officer or
employee listed in this division. "Actively advocate" does
not include the action of any person not engaged by an employer who
has a direct interest in legislation if the person, acting under
Section 3 of Article I, Ohio Constitution, assembles together with
other persons to consult for their common good, instructs a public
officer or employee who is listed in this division, or petitions that
public officer or employee for the redress of grievances.
(F)
"Legislative agent" means any individual, except a member
of the general assembly, a member of the staff of the general
assembly, the governor, lieutenant governor, attorney general,
secretary of state, treasurer of state,
or
auditor
of state,
or
tax commissioner,
who
is engaged during at least a portion of the individual's time to
actively advocate as one of the individual's main purposes. An
individual engaged by the Ohio casino control commission, a member of
the commission, the executive director of the commission, or an
employee or agent of the commission to actively advocate is a
"legislative agent" even if the individual does not during
at least a portion of the individual's time actively advocate as one
of the individual's main purposes.
(G)
"Employer" means any person who, directly or indirectly,
engages a legislative agent.
(H)
"Engage" means to make any arrangement, and "engagement"
means any arrangement, whereby an individual is employed or retained
for compensation to act for or on behalf of an employer to actively
advocate.
(I)
"Financial transaction" means a transaction or activity
that is conducted or undertaken for profit and arises from the joint
ownership or the ownership or part ownership in common of any real or
personal property or any commercial or business enterprise of
whatever form or nature between the following:
(1)
A legislative agent, an employer of a legislative agent, or a member
of the immediate family of the legislative agent or a legislative
agent's employer; and
(2)
Any member of the general assembly, any member of the controlling
board, the governor, the director of a department created under
section 121.02 of the Revised Code, or any member of the staff of a
public officer or employee listed in division (I)(2) of this section.
"Financial
transaction" does not include any transaction or activity
described in division (I) of this section if it is available to the
general public on the same terms, or if it is an offer or sale of
securities to any person listed in division (I)(2) of this section
that is governed by regulation D, 17 C.F.R. 230.501 to 230.508,
adopted under the authority of the "Securities Act of 1933,"
48 Stat. 74, 15 U.S.C.A. and following, or that is governed by a
comparable provision under state law.
(J)
"Staff" means any state employee whose official duties are
to formulate policy and who exercises administrative or supervisory
authority or who authorizes the expenditure of state funds.
Sec.
107.43.
(A)
As used in this section:
"Administrative
department" means a department listed under section 121.02 of
the Revised Code.
"Administrative
department head" means a department head listed under section
121.03 of the Revised Code.
"Internal
management rule" means any rule, regulation, or standard
governing the day-to-day staff procedures and staff operations within
an administrative department or state agency, or within the office of
an administrative department head or statewide elected officer.
"Rule"
means, unless the context dictates otherwise, any rule, regulation,
or standard adopted, promulgated, and enforced by a statewide elected
officer, administrative department, administrative department head,
or state agency under the authority of the laws governing such
officer, department, department head, or state agency. "Rule"
does not include an internal management rule.
"State
agency" means any organized body, office, agency, commission,
board, institution, or other entity established by the laws of the
state for the exercise of any function of state government. "State
agency" does not include a court.
"State
of emergency" has the meaning defined in section 107.42 of the
Revised Code.
"Statewide
elected officer" means the governor, lieutenant governor,
secretary of state, auditor of state, attorney general,
and
treasurer
of state
,
and tax commissioner
.
(B)
Beginning the day the governor declares a state of emergency, the
governor and the department of health promptly shall report to the
president of the senate and the speaker of the house of
representatives every action the governor or department takes in
response to the state of emergency, including actions by the
department or director of health under sections 3701.13 and 3701.14
of the Revised Code.
(C)(1)
If the governor declares a state of emergency, the general assembly
may do any of the following by adopting a concurrent resolution:
(a)
Rescind, in whole or in part, any order or rule issued or adopted by
an administrative department, administrative department head, state
agency, or statewide elected officer in response to a state of
emergency, including an order to authorize an agency to adopt, amend,
or rescind rules under division (G) of section 119.03 of the Revised
Code. This division does not apply to an order issued to declare a
state of emergency.
(b)
Invalidate, in whole or in part, an emergency rule adopted or amended
by an agency in response to the state of emergency and pursuant to an
emergency order the governor issues under division (G)(1) of section
119.03 of the Revised Code;
(c)
Authorize a rule rescinded by an agency under division (G)(1) of
section 119.03 of the Revised Code in response to the state of
emergency to be readopted, in whole or in part;
(d)
Invalidate, in whole or in part, an emergency rule adopted by an
agency in response to the state of emergency pursuant to division
(B)(2) of section 111.15 of the Revised Code.
(2)
If the general assembly rescinds an order or rule, or a portion
thereof, the administrative department, administrative department
head, state agency, or statewide elected officer shall not reissue
that order or rule, the rescinded portion, a substantially similar
order, rule, or portion, or any restriction contained in the
rescinded order or rule or rescinded portion, for a period of sixty
calendar days following the adoption of the concurrent resolution by
the general assembly, except as provided in division (C)(3) of this
section.
(3)(a)
Within sixty calendar days of the general assembly rescinding an
order or rule under division (C)(1) of this section, the governor, on
behalf of an administrative department, an administrative department
head, or a state agency, may submit a request to the general assembly
to authorize an administrative department, an administrative
department head, or a state agency to reissue a rescinded order or
rule, rescinded portion thereof, a substantially similar order, rule,
or portion, or any restriction contained in the rescinded order or
rule or rescinded portion issued or adopted by an administrative
department, administrative department head, or state agency. Upon
review, the general assembly may adopt a concurrent resolution
authorizing the request, in whole or in part.
(b)
Within sixty calendar days of the general assembly rescinding an
order or rule under division (C)(1) of this section, a statewide
elected officer may submit a request to the general assembly to
reissue a rescinded order or rule, rescinded portion thereof, a
substantially similar order, rule, or portion, or any restriction
contained in the rescinded order or rule or rescinded portion issued
or adopted by the statewide elected officer. Upon review, the general
assembly may adopt a concurrent resolution authorizing the request,
in whole or in part.
(D)(1)
Notwithstanding any other provision of the Revised Code, a person who
challenges an order or rule adopted by an administrative department,
administrative department head, state agency, or statewide elected
officer that is issued or adopted in response to a state of
emergency, in a civil action for damages, declaratory judgment,
injunctive relief, or other appropriate relief may do so in whichever
of the following courts is applicable regarding the action:
(a)
If the civil action is for damages, the action may be brought only in
the court of claims.
(b)
If the civil action is for declaratory judgment, injunctive relief,
or other appropriate relief other than damages, the action may be
brought in an appropriate court located in the county where the
person's residence or business is located or in the court of claims.
(c)
If the civil action is for damages and also is for declaratory
judgment, injunctive relief, or other appropriate relief, the action
may be brought only in the court of claims.
(2)
If a person successfully challenges an order or rule adopted by an
administrative department, administrative department head, state
agency, or statewide elected officer that is issued or adopted in
response to a state of emergency, the administrative department,
administrative department head, state agency, or statewide elected
officer shall pay the person's reasonable attorney's fees and court
costs.
(E)
An order or rule issued or adopted in violation of this section is
invalid and has no legal effect.
Sec.
113.40.
(A)
As used in this section:
(1)
"Administrative agent of the board of deposit" means the
treasurer of state.
(2)
"Financial transaction device" includes a credit card,
debit card, banking card, prepaid or stored value card, or any other
device or method for making an electronic payment or transfer of
funds denominated in United States dollars.
(3)
"Processor" means an entity conducting the settlement of an
electronic payment or transfer of funds, which shall be denominated
in United States dollars.
(4)
"Revenue" includes fees, charges, tolls, costs, taxes,
expenses, assessments, fines, penalties, payments, judgments,
restitution ordered by a court, or any other amount a person owes to
a state office under the authority of a state elected official or to
a state entity.
(5)
"State elected official" means the governor, lieutenant
governor, attorney general, secretary of state, treasurer of state,
and
auditor
of state
,
and tax commissioner
.
(6)
"State entity" includes any state department, agency,
board, commission, or office under the authority of a state elected
official that deposits funds into the state treasury or into an
account in the custody of the treasurer of state.
(B)
Notwithstanding any other section of the Revised Code and subject to
division (D) of this section, the board of deposit shall adopt a
resolution authorizing the collection, receipt, and acceptance by the
state of revenue, gifts, donations, or bequests made by a financial
transaction device.
The
board of deposit's resolution also shall direct the administrative
agent of the board of deposit to solicit proposals, within guidelines
established by the board of deposit in the resolution and in
compliance with the procedures provided in division (C) of this
section; and to assist state entities and state elected officials in
implementing any financial transaction device collection, acceptance,
processing, receipt, and settlement program authorized pursuant to
this section. The board of deposit's resolution applies to financial
transaction device services related to any and all bank accounts
comprising the state treasury as well as those in the custody of the
treasurer of state but not part of the state treasury.
(C)
The administrative agent shall follow the procedures provided in this
division whenever it plans to contract with one or more processors
for the purposes of this section. The administrative agent shall
request proposals for acceptance, processing, and settlement
services, as appropriate in accordance with the resolution adopted
under division (B) of this section. Prior to making the request for
proposals available, the administrative agent shall advertise its
intent to request proposals for two consecutive weeks by electronic
publication on the administrative agent's web site made available to
the general public. The notice shall state that the administrative
agent intends to request proposals; specify the purpose of the
request; indicate the date, which shall be at least fifteen calendar
days after the initial publication, on which the request for
proposals will be available and shall detail the service or services
subject to the request for proposals.
Upon
receiving the proposals, the administrative agent shall review them
and make a recommendation to the board of deposit regarding which
proposal or proposals to accept. The board of deposit shall consider
the agent's recommendation and then may choose to authorize the
administrative agent, on the board's behalf, to contract with one or
more of the processors submitting proposals, as appropriate. The
administrative agent may enter into one or more contracts for the
provision of payment, collection, acceptance, processing, receipt,
and settlement services to the state entities and state elected
officials. Through its administrative agent, the board of deposit
shall provide any processor that submitted a proposal, but with which
the board of deposit's administrative agent does not enter into a
contract, notice that its proposal is rejected.
(D)
Each state elected official or state entity subject to this section
shall use only the processors of financial transaction devices with
which the board of deposit's administrative agent contracts, and each
such state elected official or state entity is subject to the terms
of those contracts.
(E)
The state elected official or state entity may establish a surcharge
or convenience fee that may be imposed upon a person making payment
by a financial transaction device.
Any
surcharge or convenience fee shall follow the guidelines of the
processor or processors of financial transaction devices with which
the board of
of
deposit's
administrative agent contracts.
If
a surcharge or convenience fee is imposed, every state elected
official and state entity accepting payment by a financial
transaction device shall notify each person making a payment by such
a device about the surcharge or fee. Notice to each person making a
payment shall be provided regardless of the medium used to make the
payment and in a manner appropriate to that medium. Each notice shall
include both of the following:
(1)
A statement that there is a surcharge or convenience fee for using a
financial transaction device;
(2)
The total amount of the charge or fee expressed in dollars and cents
for each transaction, or the rate of the charge or fee expressed as a
percentage of the total amount of the transaction, whichever is
applicable.
(F)
If a person remits revenue to the state by a financial transaction
device and the payment of the revenue is reversed for any reason, or
if the value of the remitted payment in United States dollars at the
time of receipt by the state elected official or state entity is less
than the amount owed, the person is liable to the state elected
official or state entity for the total amount of the state revenue
and any reimbursable costs for collection, including banking charges,
legal fees, or other expenses incurred by the state elected official
or state entity in collecting the reversed payment. The remedies and
procedures provided in this section are in addition to any other
available civil or criminal remedies provided by law.
(G)
No person remitting any revenue by a financial transaction device to
a state elected official or state entity shall be relieved from
liability for the underlying obligation, except to the extent that
the state elected official or state entity realizes the revenue to
the state elected official or state entity in cash or its equivalent.
If revenue is not remitted by the financial transaction device
issuer, or by other means of payment, or by other guarantor of
payment in the transaction, the underlying obligation survives and
the state elected official or state entity shall retain all remedies
for enforcement that would have applied if the transaction had not
occurred.
(H)
A state elected official or employee of a state entity or state
elected official who accepts a financial transaction device payment
in accordance with this section and any applicable state or local
statutes, laws, policies, or rules is immune from personal liability
for the final collection of such payments as specified in section
9.87 of the Revised Code.
(I)
If the board of deposit determines that it is necessary and in the
state's best interest to contract with an additional processor
subsequent to the contract award made under division (C) of this
section, the board may meet and choose to contract with one or more
additional processors for the remainder of the period previously
established by a contract award made under division (C) of this
section.
(J)
The administrative agent, in cooperation with the office of budget
and management, may adopt, amend, and rescind rules in accordance
with section 111.15 of the Revised Code to implement and administer
this section.
(K)
The treasurer of state shall have the authority to enter into such
contracts necessary to fulfill its obligations as administrative
agent for the board of deposit.
Sec.
117.15.
Once
each year, or more often in
his
the
auditor of state's
discretion, the auditor of state shall without previous notice audit
the accounts and transactions of the office of the treasurer of
state, ascertain the condition of the state treasury and the
custodial funds of the treasurer of state, and make an inventory of
the assets of the state treasury and the custodial funds of the
treasurer of state.
He
The
auditor of state
shall sign
his
the
report
completed
under this section
and submit one copy each to the treasurer of state, governor,
attorney general,
and
secretary
of state
,
and tax commissioner
.
An
Such an
audit report
completed pursuant to this section
is not a public record under section 149.43 of the Revised Code until
it is submitted to the officers enumerated in this section.
Sec.
121.03.
The
following administrative department heads shall be appointed by the
governor, with the advice and consent of the senate, and shall hold
their offices during the term of the appointing governor, and are
subject to removal at the pleasure of the governor.
(A)
The director of budget and management;
(B)
The director of commerce;
(C)
The director of transportation;
(D)
The director of agriculture;
(E)
The director of job and family services;
(F)
The director of children and youth;
(G)
The director of public safety;
(H)
The superintendent of insurance;
(I)
The director of development;
(J)
The
tax commissioner;
(K)
The
director of administrative services;
(L)
(K)
The director of natural resources;
(M)
(L)
The director of behavioral health;
(N)
(M)
The director of developmental disabilities;
(O)
(N)
The director of health;
(P)
(O)
The director of youth services;
(Q)
(P)
The director of rehabilitation and correction;
(R)
(Q)
The director of environmental protection;
(S)
(R)
The director of aging;
(T)
(S)
The administrator of workers' compensation who meets the
qualifications required under division (A) of section 4121.121 of the
Revised Code;
(U)
(T)
The director of veterans services who meets the qualifications
required under section 5902.01 of the Revised Code;
(V)
(U)
The chancellor of higher education;
(W)
(V)
The medicaid director;
(X)
(W)
The director of education and workforce.
Sec.
141.01.
Except
as provided in section 141.011 of the Revised Code, the annual
salaries of the elective executive officers of the state are as
follows:
(A)
Governor, one hundred fifty-four thousand two hundred forty-eight
dollars;
(B)
Lieutenant governor, one hundred thirteen thousand nine hundred
forty-seven dollars;
(C)
Secretary of state, one hundred thirteen thousand nine hundred
forty-seven dollars;
(D)
Auditor of state, one hundred thirteen thousand nine hundred
forty-seven dollars;
(E)
Treasurer of state, one hundred thirteen thousand nine hundred
forty-seven dollars;
(F)
Attorney general, one hundred thirteen thousand nine hundred
forty-seven dollars
;
(G)
Tax commissioner, one hundred thirteen thousand nine hundred
forty-seven dollars, beginning in the year 2031
.
These
salaries shall be paid according to the schedule established in
division (B) of section 124.15 of the Revised Code. Upon the death of
an elected executive officer of the state listed in divisions (A) to
(F)
(G)
of
this section during the officer's term of office, an amount shall be
paid in accordance with section 2113.04 of the Revised Code, or to
the officer's estate. The amount shall equal the amount of the salary
that the officer would have received during the remainder of the
officer's unexpired term or an amount equal to the salary of the
office held for two years, whichever is less.
Unless
a higher salary is explicitly established by statute, no officer or
employee elected or appointed, and no officer or employee of any
state agency or state-assisted institution except a state institution
of higher education or the
Ohio
board of regents
department
of higher education
for
the positions of chancellor and vice chancellor for health affairs,
shall be paid as an officer or employee, whether from appropriated or
nonappropriated funds, a total salary that exceeds fifty-five
thousand dollars per calendar year. This paragraph does not apply to
the salaries of individuals holding or appointed to endowed academic
chairs or endowed academic professorships at a state-supported
institution of higher education or to the salaries of individuals
paid under schedule C of section 124.15 or under schedule E-2 of
section 124.152 of the Revised Code.
Sec.
141.011.
(A)
Each calendar year from 2020 through 2028, the annual salaries of the
elective officers of the state as prescribed by divisions (A) to
(F)
(G)
of section 141.01 of the Revised Code shall be increased as follows:
(1)
In calendar year 2020, by four per cent;
(2)
In calendar year 2021, by three per cent;
(3)
In calendar year 2022, by one and three-quarters per cent;
(4)
In calendar year 2023, by one and three-quarters per cent;
(5)
In calendar year 2024, by one and three-quarters per cent;
(6)
In calendar year 2025, by one and three-quarters per cent;
(7)
In calendar year 2026, by one and three-quarters per cent;
(8)
In calendar year 2027, by one and three-quarters per cent;
(9)
In calendar year 2028, by one and three-quarters per cent.
(B)
If the governor appoints the lieutenant governor as an administrative
department head or as the head of an office within the office of the
governor, the lieutenant governor may accept the salary for that
office while serving as its head in lieu of the salary for the office
of lieutenant governor.
(C)
Upon the death of an elected executive officer of the state listed in
divisions (A) to (F) of section 141.01 of the Revised Code during
that person's term of office, an amount shall be paid in accordance
with section 2113.04 of the Revised Code, or to that person's estate.
The amount shall equal the amount of the salary that the officer
would have received during the remainder of the officer's unexpired
term or an amount equal to the salary of that person's office for two
years, whichever is less.
(D)
Beginning in the year 2031, the tax commissioner shall be paid a
salary that has been increased in accordance with division (A) of
this section.
Sec.
3505.03.
(A)
On the office type ballot shall be printed the names of all
candidates for election to offices, except the office of judge of a
municipal court, county court, or court of common pleas, who were
nominated at the most recent primary election as candidates of a
political party or who were nominated in accordance with section
3513.02 of the Revised Code, and the names of all candidates for
election to offices who were nominated by nominating petitions,
except candidates for the office of judge of a municipal court,
county court, or court of common pleas, for member of a board of
education, for municipal offices, and for township offices.
(B)
The face of the ballot below the stub shall be substantially in the
following form:
"OFFICIAL
OFFICE TYPE BALLOT
(1)
To vote for a candidate record your vote in the manner provided next
to the name of such candidate.
(2)
If you tear, soil, deface, or erroneously mark this ballot, return it
to the precinct election officers or, if you cannot return it, notify
the precinct election officers, and obtain another ballot."
(C)
The order in which the offices shall be listed on the ballot shall be
prescribed by, and certified to each board of elections by, the
secretary of state; provided that for state, district, and county
offices the order from top to bottom shall be as follows: governor
and lieutenant governor, attorney general, auditor of state,
secretary of state, treasurer of state,
tax
commissioner,
chief
justice of the supreme court, justice of the supreme court, United
States senator, representative to congress, state senator, state
representative, judge of a court of appeals, county commissioner,
county auditor, prosecuting attorney, clerk of the court of common
pleas, sheriff, county recorder, county treasurer, county engineer,
and coroner. The offices of governor and lieutenant governor shall be
printed on the ballot in a manner that requires a voter to cast one
vote jointly for the candidates who have been nominated by the same
political party or petition.
(D)
Within the rectangular space within which the title of each judicial
office listed in division (C) of this section is printed on the
ballot and immediately below the title shall be printed the date of
the commencement of the term of the office, if it is a full term, as
follows: "Full term commencing _______(Date)_______," or
the date of the end of the term of the office, if it is an unexpired
term, as follows: "Unexpired term ending _______(Date)________"
(E)(1)
The names of all candidates for an office shall be arranged in a
group under the title of that office, and, except for absentee
ballots or when the number of candidates for a particular office is
the same as the number of candidates to be elected for that office,
shall be rotated from one precinct to another. On absentee ballots,
the names of all candidates for an office shall be arranged in a
group under the title of that office and shall be so alternated that
each name shall appear, insofar as may be reasonably possible,
substantially an equal number of times at the beginning, at the end,
and in each intermediate place, if any, of the group in which such
name belongs, unless the number of candidates for a particular office
is the same as the number of candidates to be elected for that
office.
(2)
The method of printing the ballots to meet the rotation requirement
of this section shall be as follows: the least common multiple of the
number of names in each of the several groups of candidates shall be
used, and the number of changes made in the printer's forms in
printing the ballots shall correspond with that multiple. The board
of elections shall number all precincts in regular serial sequence.
In the first precinct, the names of the candidates in each group
shall be listed in alphabetical order. In each succeeding precinct,
the name in each group that is listed first in the preceding precinct
shall be listed last, and the name of each candidate shall be moved
up one place. In each precinct using paper ballots, the printed
ballots shall then be assembled in tablets.
(F)
Under the name of each candidate nominated at a primary election,
nominated by petition under section 3517.012 of the Revised Code, or
certified by a party committee to fill a vacancy under section
3513.31 of the Revised Code shall be printed, in less prominent type
face than that in which the candidate's name is printed, the name of
the political party by which the candidate was nominated or
certified. Under the name of each candidate appearing on the ballot
who filed a nominating petition and requested a ballot designation as
a nonparty candidate under section 3513.257 of the Revised Code shall
be printed, in less prominent type face than that in which the
candidate's name is printed, the designation of "nonparty
candidate." Under the name of each candidate appearing on the
ballot who filed a nominating petition and requested a ballot
designation as an other-party candidate under section 3513.257 of the
Revised Code shall be printed, in less prominent type face than that
in which the candidate's name is printed, the designation of
"other-party candidate." No designation shall appear under
the name of a candidate appearing on the ballot who filed a
nominating petition and requested that no ballot designation appear
under the candidate's name under section 3513.257 of the Revised
Code, or who filed a nominating petition and failed to request a
ballot designation either as a nonparty candidate or as an
other-party candidate under that section.
(G)
Except as provided in this section, no words, designations, or
emblems descriptive of a candidate or the candidate's political
affiliation, or indicative of the method by which the candidate was
nominated or certified, shall be printed under or after a candidate's
name that is printed on the ballot.
Sec.
3505.33.
When
the board of elections has completed the canvass of the election
returns from the precincts in its county, in which electors were
entitled to vote at any general or special election, it shall
determine and declare the results of the elections determined by the
electors of such county or of a district or subdivision within such
county. If more than the number of candidates to be elected to an
office received the largest and an equal number of votes, such tie
shall be resolved by lot by the chairperson of the board in the
presence of a majority of the members of the board. Such declaration
shall be in writing and shall be signed by at least a majority of the
members of the board. It shall bear the date of the day upon which it
is made, and a copy thereof shall be posted by the board in a
conspicuous place in its office. The board shall keep such copy
posted for a period of at least five days.
Thereupon
the board shall promptly certify abstracts of the results of such
elections within its county, in such forms as the secretary of state
prescribes. Such forms shall be designated and shall contain
abstracts as follows:
Form
No. 1. An abstract of the votes cast for the office of president and
vice-president of the United States.
Form
No. 2. An abstract of the votes cast for the office of governor and
lieutenant governor, secretary of state, auditor of state, treasurer
of state, attorney general,
tax
commissioner,
chief
justice of the supreme court of Ohio, judge of the supreme court of
Ohio, member of the senate of the congress of the United States,
member at large of the house of representatives of the congress of
the United States, district member of the house of representatives of
the congress of the United States, and an abstract of the votes cast
upon each question or issue submitted at such election to electors
throughout the entire state.
Form
No. 3. An abstract of the votes cast for the office of member of the
senate of the general assembly, and member of the house of
representatives of the general assembly.
Form
No. 4. A report of the votes cast for judge of the court of appeals,
judge of the court of common pleas, judge of the probate court, judge
of the county court, county commissioner, county auditor, prosecuting
attorney, clerk of the court of common pleas, sheriff, county
recorder, county treasurer, county engineer, and coroner.
Form
No. 5. A report of the votes cast upon all questions and issues other
than such questions and issues which were submitted to electors
throughout the entire state.
Form
No. 6. A report of the votes cast for municipal offices, judge of the
municipal court, township offices, and the office of member of a
board of education.
One
copy of each of these forms shall be kept in the office of the board.
One copy of each of these forms shall promptly be sent to the
secretary of state, who shall place the records contained in forms
No. 1, No. 2, No. 3, No. 4, and No. 6 in electronic format. One copy
of Form No. 2 shall promptly be sent by electronic mail to the
president of the senate of the general assembly. The board shall also
at once upon completion of the official count send a certified copy
of that part of each of the forms which pertains to an election in
which only electors of a district comprised of more than one county
but less than all of the counties of the state voted to the board of
the most populous county in such district. It shall also at once upon
completion of the official count send a certified copy of that part
of each of the forms which pertains to an election in which only
electors of a subdivision located partly within the county voted to
the board of the county in which the major portion of the population
of such subdivision is located.
If,
after certifying and sending abstracts and parts thereof, a board
finds that any such abstract or part thereof is incorrect, it shall
promptly prepare, certify, and send a corrected abstract or part
thereof to take the place of each incorrect abstract or part thereof
theretofore certified and sent.
Sec.
3505.35.
(A)
When the secretary of state has received from the board of elections
of every county in the state Form No. 2, as provided for in section
3505.33 of the Revised Code, the secretary of state shall promptly
fix the time and place for the canvass of such abstracts, and the
time fixed shall not be later than ten days after such abstracts have
been received by the secretary of state from all counties. The
secretary of state shall notify the governor, auditor of state,
attorney general,
tax
commissioner,
and
the chairperson of the state central committee of each political
party of the time and place fixed. At such time and in the presence
of such of the persons so notified who attend, the secretary of state
shall canvass the abstracts contained in said Form No. 2 and shall
determine and declare the results of all elections in which electors
throughout the entire state voted. If two or more candidates for
election to the same office, or two or more sets of joint candidates
for governor and lieutenant governor, receive the largest and an
equal number of votes, such tie shall be resolved by lot by the
secretary of state. Such declaration of results by the secretary of
state shall be in writing and shall be signed by the secretary of
state. It shall bear the date of the day upon which it is made, and a
copy thereof shall be posted by the secretary of state in a
conspicuous place in the secretary of state's office. The secretary
of state shall keep such copy posted for a period of at least five
days.
Such
declaration of results made by the secretary of state, insofar as it
pertains to the offices of governor and lieutenant governor,
secretary of state, auditor of state, treasurer of state,
and
attorney
general,
and
tax commissioner,
is
only for the purpose of fixing the time of the commencement of the
period of time within which applications for recounts of votes may be
filed as provided by section 3515.02 of the Revised Code.
(B)
When the secretary of state has received from the board of elections
of every county in the state Form No. 4 and Form No. 6, as provided
in section 3505.33 of the Revised Code, the secretary of state shall
promptly transmit by electronic mail or other telecommunication
device a copy of each form to the administrative director of the
supreme court.
Sec.
3513.052.
(A)
No person shall seek nomination or election to any of the following
offices or positions at the same election by filing a declaration of
candidacy and petition, a declaration of intent to be a write-in
candidate, or a nominating petition, or by becoming a candidate
through party nomination in a primary election, or by the filling of
a vacancy under section 3513.30 or 3513.31 of the Revised Code:
(1)
Two or more state offices;
(2)
Two or more county offices;
(3)
A state office and a county office;
(4)
A federal office and a state or county office;
(5)
Any combination of two or more municipal or township offices,
positions as a member of a city, local, or exempted village board of
education, or positions as a member of a governing board of an
educational service center.
(B)
The secretary of state or a board of elections shall not accept for
filing a declaration of candidacy and petition, a declaration of
intent to be a write-in candidate, or a nominating petition of a
person seeking to become a candidate if that person, for the same
election, has already filed a declaration of candidacy, a declaration
of intent to be a write-in candidate, or a nominating petition, or
has become a candidate through party nomination at a primary election
or by the filling of a vacancy under section 3513.30 or 3513.31 of
the Revised Code for:
(1)
Any federal, state, or county office, if the declaration of
candidacy, declaration of intent to be a write-in candidate, or
nominating petition is for a state or county office;
(2)
Any municipal or township office, or for member of a city, local, or
exempted village board of education, or for member of a governing
board of an educational service center, if the declaration of
candidacy, declaration of intent to be a write-in candidate, or
nominating petition is for a municipal or township office, or for
member of a city, local, or exempted village board of education, or
for member of a governing board of an educational service center.
(C)(1)
If the secretary of state determines, before the day of the primary
election, that a person is seeking nomination to more than one office
at that election in violation of division (A) of this section, the
secretary of state shall do one of the following:
(a)
If each office or the district for each office for which the person
is seeking nomination is wholly within a single county and none of
those offices is a federal office, the secretary of state shall
notify the board of elections of that county. The board then shall
determine the date on which the person first sought to become a
candidate for each of those offices by filing a declaration of
candidacy or a declaration of intent to be a write-in candidate or by
the filling of a vacancy under section 3513.30 of the Revised Code.
The board shall vote promptly to disqualify that person as a
candidate for each office for which the person sought to become a
candidate after the date on which the person first sought to become a
candidate for any of those offices. If the board determines that the
person sought to become a candidate for more than one of those
offices on the same date, the board shall vote promptly to disqualify
that person as a candidate for each office that would be listed on
the ballot below the highest office for which that person seeks
nomination, according to the ballot order prescribed under section
3505.03 of the Revised Code.
(b)
If one or more of the offices for which the person is seeking
nomination is a state office or an office with a district larger than
a single county and none of the offices for which the person is
seeking nomination is a federal office, the secretary of state shall
determine the date on which the person first sought to become a
candidate for each of those offices by filing a declaration of
candidacy or a declaration of intent to be a write-in candidate or by
the filling of a vacancy under section 3513.30 of the Revised Code.
The secretary of state shall order the board of elections of each
county in which the person is seeking to appear on the ballot to
disqualify that person as a candidate for each office for which the
person sought to become a candidate after the date on which the
person first sought to become a candidate for any of those offices.
If the secretary of state determines that the person sought to become
a candidate for more than one of those offices on the same date, the
secretary of state shall order the board of elections of each county
in which the person is seeking to appear on the ballot to disqualify
that person as a candidate for each office that would be listed on
the ballot below the highest office for which that person seeks
nomination, according to the ballot order prescribed under section
3505.03 of the Revised Code. Each board of elections so notified
shall vote promptly to disqualify the person as a candidate in
accordance with the order of the secretary of state.
(c)
If each office or the district for each office for which the person
is seeking nomination is wholly within a single county and any of
those offices is a federal office, the secretary of state shall
notify the board of elections of that county. The board then shall
vote promptly to disqualify that person as a candidate for each
office that is not a federal office.
(d)
If one or more of the offices for which the person is seeking
nomination is a state office and any of the offices for which the
person is seeking nomination is a federal office, the secretary of
state shall order the board of elections of each county in which the
person is seeking to appear on the ballot to disqualify that person
as a candidate for each office that is not a federal office. Each
board of elections so notified shall vote promptly to disqualify the
person as a candidate in accordance with the order of the secretary
of state.
(2)
If a board of elections determines, before the day of the primary
election, that a person is seeking nomination to more than one office
at that election in violation of division (A) of this section, the
board shall do one of the following:
(a)
If each office or the district for each office for which the person
is seeking nomination is wholly within that county and none of those
offices is a federal office, the board shall determine the date on
which the person first sought to become a candidate for each of those
offices by filing a declaration of candidacy or a declaration of
intent to be a write-in candidate or by the filling of a vacancy
under section 3513.30 of the Revised Code. The board shall vote
promptly to disqualify that person as a candidate for each office for
which the person sought to become a candidate after the date on which
the person first sought to become a candidate for any of those
offices. If the board determines that the person sought to become a
candidate for more than one of those offices on the same date, the
board shall vote promptly to disqualify that person as a candidate
for each office that would be listed on the ballot below the highest
office for which that person seeks nomination, according to the
ballot order prescribed under section 3505.03 of the Revised Code.
(b)
If one or more of the offices for which the person is seeking
nomination is a state office or an office with a district larger than
a single county and none of the offices for which the person is
seeking nomination is a federal office, the board shall notify the
secretary of state. The secretary of state then shall determine the
date on which the person first sought to become a candidate for each
of those offices by filing a declaration of candidacy or a
declaration of intent to be a write-in candidate or by the filling of
a vacancy under section 3513.30 of the Revised Code. The secretary of
state shall order the board of elections of each county in which the
person is seeking to appear on the ballot to disqualify that person
as a candidate for each office for which the person sought to become
a candidate after the date on which the person first sought to become
a candidate for any of those offices. If the secretary of state
determines that the person sought to become a candidate for more than
one of those offices on the same date, the secretary of state shall
order the board of elections of each county in which the person is
seeking to appear on the ballot to disqualify that person as a
candidate for each office that would be listed on the ballot below
the highest office for which that person seeks nomination, according
to the ballot order prescribed under section 3505.03 of the Revised
Code. Each board of elections so notified shall vote promptly to
disqualify the person as a candidate in accordance with the order of
the secretary of state.
(c)
If each office or the district for each office for which the person
is seeking nomination is wholly within a single county and any of
those offices is a federal office, the board shall vote promptly to
disqualify that person as a candidate for each office that is not a
federal office.
(d)
If one or more of the offices for which the person is seeking
nomination is a state office and any of the offices for which the
person is seeking nomination is a federal office, the board shall
notify the secretary of state. The secretary of state then shall
order the board of elections of each county in which the person is
seeking to appear on the ballot to disqualify that person as a
candidate for each office that is not a federal office. Each board of
elections so notified shall vote promptly to disqualify the person as
a candidate in accordance with the order of the secretary of state.
(D)(1)
If the secretary of state determines, after the day of the primary
election and before the day of the general election, that a person is
seeking election to more than one office at that election in
violation of division (A) of this section, the secretary of state
shall do one of the following:
(a)
If each office or the district for each office for which the person
is seeking election is wholly within a single county and none of
those offices is a federal office, the secretary of state shall
notify the board of elections of that county. The board then shall
determine the offices for which the person seeks to appear as a
candidate on the ballot. The board shall vote promptly to disqualify
that person as a candidate for each office that would be listed on
the ballot below the highest office for which that person seeks
election, according to the ballot order prescribed under section
3505.03 of the Revised Code. If the person sought nomination at a
primary election and has not yet been issued a certificate of
nomination, the board shall not issue that certificate for that
person for any office that would be listed on the ballot below the
highest office for which that person seeks election, according to the
ballot order prescribed under section 3505.03 of the Revised Code.
(b)
If one or more of the offices for which the person is seeking
election is a state office or an office with a district larger than a
single county and none of the offices for which the person is seeking
election is a federal office, the secretary of state shall promptly
investigate and determine the offices for which the person seeks to
appear as a candidate on the ballot. The secretary of state shall
order the board of elections of each county in which the person is
seeking to appear on the ballot to disqualify that person as a
candidate for each office that would be listed on the ballot below
the highest office for which that person seeks election, according to
the ballot order prescribed under section 3505.03 of the Revised
Code. Each board of elections so notified shall vote promptly to
disqualify the person as a candidate in accordance with the order of
the secretary of state. If the person sought nomination at a primary
election and has not yet been issued a certificate of nomination, the
board shall not issue that certificate for that person for any office
that would be listed on the ballot below the highest office for which
that person seeks election, according to the ballot order prescribed
under section 3505.03 of the Revised Code.
(c)
If each office or the district for each office for which the person
is seeking election is wholly within a single county and any of those
offices is a federal office, the secretary of state shall notify the
board of elections of that county. The board then shall vote promptly
to disqualify that person as a candidate for each office that is not
a federal office. If the person sought nomination at a primary
election and has not yet been issued a certificate of nomination, the
board shall not issue that certificate for that person for any office
that is not a federal office.
(d)
If one or more of the offices for which the person is seeking
election is a state office and any of the offices for which the
person is seeking election is a federal office, the secretary of
state shall order the board of elections of each county in which the
person is seeking to appear on the ballot to disqualify that person
as a candidate for each office that is not a federal office. Each
board of elections so notified shall vote promptly to disqualify the
person as a candidate in accordance with the order of the secretary
of state. If the person sought nomination at a primary election and
has not yet been issued a certificate of nomination, the board shall
not issue that certificate for that person for any office that is not
a federal office.
(2)
If a board of elections determines, after the day of the primary
election and before the day of the general election, that a person is
seeking election to more than one office at that election in
violation of division (A) of this section, the board of elections
shall do one of the following:
(a)
If each office or the district for each office for which the person
is seeking election is wholly within that county and none of those
offices is a federal office, the board shall determine the offices
for which the person seeks to appear as a candidate on the ballot.
The board shall vote promptly to disqualify that person as a
candidate for each office that would be listed on the ballot below
the highest office for which that person seeks election, according to
the ballot order prescribed under section 3505.03 of the Revised
Code. If the person sought nomination at a primary election and has
not yet been issued a certificate of nomination, the board shall not
issue that certificate for that person for any office that would be
listed on the ballot below the highest office for which that person
seeks election, according to the ballot order prescribed under
section 3505.03 of the Revised Code.
(b)
If one or more of the offices for which the person is seeking
election is a state office or an office with a district larger than a
single county and none of the offices for which the person is seeking
election is a federal office, the board shall notify the secretary of
state. The secretary of state promptly shall investigate and
determine the offices for which the person seeks to appear as a
candidate on the ballot. The secretary of state shall order the board
of elections of each county in which the person is seeking to appear
on the ballot to disqualify that person as a candidate for each
office that would be listed on the ballot below the highest office
for which that person seeks election, according to the ballot order
prescribed under section 3505.03 of the Revised Code. Each board of
elections so notified shall vote promptly to disqualify the person as
a candidate in accordance with the order of the secretary of state.
If the person sought nomination at a primary election and has not yet
been issued a certificate of nomination, the board shall not issue
that certificate for that person for any office that would be listed
on the ballot below the highest office for which that person seeks
election, according to the ballot order prescribed under section
3505.03 of the Revised Code.
(c)
If each office or the district for each office for which the person
is seeking election is wholly within that county and any of those
offices is a federal office, the board shall vote promptly to
disqualify that person as a candidate for each office that is not a
federal office. If the person sought nomination at a primary election
and has not yet been issued a certificate of nomination, the board
shall not issue that certificate for that person for any office that
is not a federal office.
(d)
If one or more of the offices for which the person is seeking
election is a state office and any of the offices for which the
person is seeking election is a federal office, the board shall
notify the secretary of state. The secretary of state shall order the
board of elections of each county in which the person is seeking to
appear on the ballot to disqualify that person as a candidate for
each office that is not a federal office. Each board of elections so
notified shall vote promptly to disqualify the person as a candidate
in accordance with the order of the secretary of state. If the person
sought nomination at a primary election and has not yet been issued a
certificate of nomination, the board shall not issue that certificate
for that person for any office that is not a federal office.
(E)
When a person is disqualified as a candidate under division (C) or
(D) of this section, on or before the seventieth day before the day
of the applicable election, the board of elections shall remove the
person's name from the ballot for any office for which that person
has been disqualified as a candidate according to the directions of
the secretary of state. When a person is disqualified as a candidate
under division (C) or (D) of this section after the seventieth day
before the day of the applicable election, the board of elections
shall not remove the person's name from the ballot for any office for
which that person has been disqualified as a candidate. The board of
elections shall post a notice at each polling location on the day of
the applicable election, and shall enclose with each absent voter's
ballot given or mailed after the candidate is disqualified, a notice
that votes for the person for the office for which the person has
been disqualified as a candidate will be void and will not be
counted. If the name is not removed from the ballots before the day
of the election, the votes for the disqualified candidate are void
and shall not be counted.
(F)
Any vacancy created by the disqualification of a person as a
candidate under division (C) or (D) of this section may be filled in
the manner provided for in sections 3513.30 and 3513.31 of the
Revised Code.
(G)
Nothing in this section or section 3513.04, 3513.041, 3513.05,
3513.251, 3513.253, 3513.254, 3513.255, 3513.257, or 3513.261 of the
Revised Code prohibits, and the secretary of state or a board of
elections shall not disqualify, a person from being a candidate for
an office, if that person timely withdraws as a candidate for any
offices specified in division (A) of this section for which that
person first sought to become a candidate by filing a declaration of
candidacy and petition, a declaration of intent to be a write-in
candidate, or a nominating petition, by party nomination in a primary
election, or by the filling of a vacancy under section 3513.30 or
3513.31 of the Revised Code.
(H)
As used in this section:
(1)
"State office" means the offices of governor, lieutenant
governor, secretary of state, auditor of state, treasurer of state,
attorney general,
tax
commissioner,
member
of the general assembly, chief justice of the supreme court, and
justice of the supreme court.
(2)
"Timely withdraws" means either of the following:
(a)
Withdrawing as a candidate before the applicable deadline for filing
a declaration of candidacy, declaration of intent to be a write-in
candidate, or nominating petition for the subsequent office for which
the person is seeking to become a candidate at the same election;
(b)
Withdrawing as a candidate before the applicable deadline for the
filling of a vacancy under section 3513.30 or 3513.31 of the Revised
Code, if the person is seeking to become a candidate for a subsequent
office at the same election under either of those sections.
Sec.
3513.10.
(A)
At the time of filing a declaration of candidacy for nomination for
any office, or a declaration of intent to be a write-in candidate,
each candidate, except joint candidates for governor and lieutenant
governor, shall pay a fee as follows:
1
2
A
For
statewide office
$100
B
For
court of appeals judge
$50
C
For
court of common pleas judge
$50
D
For
county court judge
$50
E
For
municipal court judge
$50
F
For
district office, including member of the United States house of
representatives and member of the general assembly
$50
G
For
county office
$50
H
For
city office
$20
I
For
village office
$10
J
For
township office
$10
K
For
member of local, city, or exempted village board of education or
educational service center governing board
$10
At
the time of filing a declaration of candidacy or a declaration of
intent to be a write-in candidate for the offices of governor and
lieutenant governor, the joint candidates shall jointly pay to the
secretary of state a fee of one hundred dollars.
(B)(1)
At the same time the fee required under division (A) of this section
is paid, each candidate shall pay an additional fee as follows:
1
2
A
For
the joint candidates for governor and lieutenant governor
$50
B
For
statewide office
$50
C
For
district office, including member of the United States house of
representatives and member of the general assembly
$35
D
For
member of state board of education
$35
E
For
court of appeals judge
$30
F
For
court of common pleas judge
$30
G
For
county court judge
$30
H
For
municipal court judge
$30
I
For
county office
$30
J
For
city office
$25
K
For
village office
$20
L
For
township office
$20
M
For
member of local, city, or exempted village board of education or
educational service center governing board
$20
(2)
Whoever seeks to propose a ballot question or issue to be submitted
to the electors shall pay the following fee at the time the petition
proposing the question or issue is filed:
(a)
If the question or issue is to be submitted to the electors
throughout the entire state, twenty-five dollars;
(b)
If the question or issue is to be submitted to the electors of a
county or of a district that consists of all or part of two or more
counties but less than the entire state, fifteen dollars;
(c)
If the question or issue is to be submitted to the electors of a
city, twelve dollars and fifty cents;
(d)
If the question or issue is to be submitted to the electors of a
village, a township, a local, city, county, or exempted village
school district, a precinct, or another district consisting of less
than an entire county, ten dollars.
(C)
No fee shall be required of candidates filing for the office of
delegate or alternate to the national convention of political
parties, member of the state central committee of a political party,
or member of the county central committee of a political party.
(D)
All fees required under division (A) of this section immediately
shall be paid by the officer receiving them into the state treasury
to the credit of the general revenue fund, in the case of fees
received by the secretary of state, and into the county treasury to
the credit of the county general fund, in the case of fees received
by a board of elections.
(E)
The officer who receives a fee required under division (B) of this
section immediately shall pay the fee to the credit of the Ohio
election integrity commission fund created under section 111.29 of
the Revised Code.
(F)(1)
In no case shall a fee paid under this section be returned to a
candidate.
(2)
Whenever a section of law refers to a filing fee to be paid by a
candidate or by a committee proposing a ballot question or issue to
be submitted to the electors, that fee includes the fees required
under divisions (A) and (B) of this section.
(G)
As used in divisions (A) and (B) of this section, "statewide
office" means the office of secretary of state, auditor of
state, treasurer of state, attorney general,
tax
commissioner,
justice
and chief justice of the supreme court, and member of the United
States senate.
Sec.
3517.092.
(A)
As used in this section:
(1)
"Appointing authority" has the same meaning as in section
124.01 of the Revised Code.
(2)
"State elected officer" means any person appointed or
elected to a state elective office.
(3)
"State elective office" means any of the offices of
governor, lieutenant governor, secretary of state, auditor of state,
treasurer of state, attorney general,
tax
commissioner,
member
of the general assembly, and justice and chief justice of the supreme
court.
(4)
"Contribution" includes a contribution to any political
party, campaign committee, political action committee, political
contributing entity, or legislative campaign fund.
(B)(1)
No state elected officer, no campaign committee of such an officer,
no employee of the state elected officer's office, and no other
person or entity shall knowingly solicit a contribution to a state
elected officer or to such an officer's campaign committee, and no
state elected officer and no campaign committee of such an officer
shall accept a contribution, from any of the following:
(a)
A state employee whose appointing authority is the state elected
officer;
(b)
A state employee whose appointing authority is authorized or required
by law to be appointed by the state elected officer;
(c)
A state employee who functions in or is employed in or by the same
public agency, department, division, or office as the state elected
officer.
(2)
No candidate for a state elective office, no campaign committee of
such a candidate, no employee of the candidate's office if the
candidate is a state elected officer or an elected officer of a
political subdivision of the state, and no other person or entity
shall knowingly solicit a contribution to a candidate for a state
elective office or to such a candidate's campaign committee, and no
candidate for a state elective office and no campaign committee of
such a candidate shall accept a contribution, from any of the
following:
(a)
A state employee at the time of the solicitation, whose appointing
authority will be the candidate, if elected;
(b)
A state employee at the time of the solicitation, whose appointing
authority will be appointed by the candidate, if elected, as
authorized or required by law;
(c)
A state employee at the time of the solicitation, who will function
in or be employed in or by the same public agency, department,
division, or office as the candidate, if elected.
(C)(1)
No elected officer of a political subdivision of the state, no
campaign committee of such an officer, no employee of such an
officer's office, and no other person or entity shall knowingly
solicit a contribution to an elected officer of a political
subdivision of the state or to such an officer's campaign committee
from any of the following:
(a)
An employee of that political subdivision whose appointing authority
is that elected officer;
(b)
An employee of that political subdivision whose appointing authority
is authorized or required by law to be appointed by that elected
officer;
(c)
An employee of that political subdivision who functions in or is
employed in or by the same public agency, department, division, or
office as that elected officer.
(2)
No candidate for an elective office of a political subdivision of the
state, no campaign committee of such a candidate, no employee of the
candidate's office if the candidate is a state elected officer or
elected officer of a political subdivision of the state, and no other
person or entity shall knowingly solicit a contribution to a
candidate for an elective office of a political subdivision of the
state or to such a candidate's campaign committee from any of the
following:
(a)
An employee of that political subdivision at the time of the
solicitation, whose appointing authority will be the candidate, if
elected;
(b)
An employee of that political subdivision at the time of the
solicitation, whose appointing authority will be appointed by the
candidate, if elected, as authorized or required by law;
(c)
An employee of that political subdivision at the time of the
solicitation, who will function in or be employed in or by the same
public agency, department, division, or office as the candidate, if
elected.
(D)(1)
No public employee shall solicit a contribution from any person while
the public employee is performing the public employee's official
duties or in those areas of a public building where official business
is transacted or conducted.
(2)
No person shall solicit a contribution from any public employee while
the public employee is performing the public employee's official
duties or is in those areas of a public building where official
business is transacted or conducted.
(3)
As used in division (D) of this section, "public employee"
does not include any person holding an elective office.
(E)
The prohibitions in divisions (B), (C), and (D) of this section are
in addition to the prohibitions in sections 124.57, 3304.22, and
4503.032 of the Revised Code.
Sec.
3517.10.
(A)
Except as otherwise provided in this division, every campaign
committee, political action committee, legislative campaign fund,
political party, and political contributing entity that made or
received a contribution or made an expenditure in connection with the
nomination or election of any candidate or in connection with any
ballot issue or question at any election held or to be held in this
state shall file, on a form prescribed under this section or by
electronic means of transmission as provided in this section and
section 3517.106 of the Revised Code, a full, true, and itemized
statement, made under penalty of election falsification, setting
forth in detail the contributions and expenditures, not later than
four p.m. of the following dates:
(1)
The twelfth day before the election to reflect contributions received
and expenditures made from the close of business on the last day
reflected in the last previously filed statement, if any, to the
close of business on the twentieth day before the election;
(2)
The thirty-eighth day after the election to reflect the contributions
received and expenditures made from the close of business on the last
day reflected in the last previously filed statement, if any, to the
close of business on the seventh day before the filing of the
statement;
(3)
The last business day of January of every year to reflect the
contributions received and expenditures made from the close of
business on the last day reflected in the last previously filed
statement, if any, to the close of business on the last day of
December of the previous year;
(4)
The last business day of July of every year to reflect the
contributions received and expenditures made from the close of
business on the last day reflected in the last previously filed
statement, if any, to the close of business on the last day of June
of that year.
A
campaign committee shall only be required to file the statements
prescribed under divisions (A)(1) and (2) of this section in
connection with the nomination or election of the committee's
candidate.
The
statement required under division (A)(1) of this section shall not be
required of any campaign committee, political action committee,
legislative campaign fund, political party, or political contributing
entity that has received contributions of less than one thousand
dollars and has made expenditures of less than one thousand dollars
at the close of business on the twentieth day before the election.
Those contributions and expenditures shall be reported in the
statement required under division (A)(2) of this section.
If
an election to select candidates to appear on the general election
ballot is held within sixty days before a general election, the
campaign committee of a successful candidate in the earlier election
may file the statement required by division (A)(1) of this section
for the general election instead of the statement required by
division (A)(2) of this section for the earlier election if the
pregeneral election statement reflects the status of contributions
and expenditures for the period twenty days before the earlier
election to twenty days before the general election.
If
a person becomes a candidate less than twenty days before an
election, the candidate's campaign committee is not required to file
the statement required by division (A)(1) of this section.
No
statement under division (A)(3) of this section shall be required for
any year in which a campaign committee, political action committee,
legislative campaign fund, political party, or political contributing
entity is required to file a postgeneral election statement under
division (A)(2) of this section. However, a statement under division
(A)(3) of this section may be filed, at the option of the campaign
committee, political action committee, legislative campaign fund,
political party, or political contributing entity.
No
campaign committee of a candidate for the office of chief justice or
justice of the supreme court, and no campaign committee of a
candidate for the office of judge of any court in this state, shall
be required to file a statement under division (A)(4) of this
section.
Except
as otherwise provided in this paragraph and in the next paragraph of
this section, the only campaign committees required to file a
statement under division (A)(4) of this section are the campaign
committee of a statewide candidate and the campaign committee of a
candidate for county office. The campaign committee of a candidate
for any other nonjudicial office is required to file a statement
under division (A)(4) of this section if that campaign committee
receives, during that period, contributions exceeding ten thousand
dollars.
No
statement under division (A)(4) of this section shall be required of
a campaign committee, a political action committee, a legislative
campaign fund, a political party, or a political contributing entity
for any year in which the campaign committee, political action
committee, legislative campaign fund, political party, or political
contributing entity is required to file a postprimary election
statement under division (A)(2) of this section. However, a statement
under division (A)(4) of this section may be filed at the option of
the campaign committee, political action committee, legislative
campaign fund, political party, or political contributing entity.
No
statement under division (A)(3) or (4) of this section shall be
required if the campaign committee, political action committee,
legislative campaign fund, political party, or political contributing
entity has no contributions that it has received and no expenditures
that it has made since the last date reflected in its last previously
filed statement. However, the campaign committee, political action
committee, legislative campaign fund, political party, or political
contributing entity shall file a statement to that effect, on a form
prescribed under this section and made under penalty of election
falsification, on the date required in division (A)(3) or (4) of this
section, as applicable.
The
campaign committee of a statewide candidate shall file a monthly
statement of contributions received during each of the months of
July, August, and September in the year of the general election in
which the candidate seeks office. The campaign committee of a
statewide candidate shall file the monthly statement not later than
three business days after the last day of the month covered by the
statement. During the period beginning on the nineteenth day before
the general election in which a statewide candidate seeks election to
office and extending through the day of that general election, each
time the campaign committee of the joint candidates for the offices
of governor and lieutenant governor or of a candidate for the office
of secretary of state, auditor of state, treasurer of state,
or
attorney
general
,
or tax commissioner
receives a contribution from a contributor that causes the aggregate
amount of contributions received from that contributor during that
period to equal or exceed ten thousand dollars and each time the
campaign committee of a candidate for the office of chief justice or
justice of the supreme court receives a contribution from a
contributor that causes the aggregate amount of contributions
received from that contributor during that period to exceed ten
thousand dollars, the campaign committee shall file a
two-business-day statement reflecting that contribution.
Contributions reported on a two-business-day statement required to be
filed by a campaign committee of a statewide candidate in a primary
election shall also be included in the postprimary election statement
required to be filed by that campaign committee under division (A)(2)
of this section. A two-business-day statement required by this
paragraph shall be filed not later than two business days after
receipt of the contribution. The statements required by this
paragraph shall be filed in addition to any other statements required
by this section.
Subject
to the secretary of state having implemented, tested, and verified
the successful operation of any system the secretary of state
prescribes pursuant to divisions (C)(6)(b) and (D)(6) of this section
and division (F)(1) of section 3517.106 of the Revised Code for the
filing of campaign finance statements by electronic means of
transmission, a campaign committee of a statewide candidate shall
file a two-business-day statement under the preceding paragraph by
electronic means of transmission if the campaign committee is
required to file a pre-election, postelection, or monthly statement
of contributions and expenditures by electronic means of transmission
under this section or section 3517.106 of the Revised Code.
If
a campaign committee or political action committee has no balance on
hand and no outstanding obligations and desires to terminate itself,
it shall file a statement to that effect, on a form prescribed under
this section and made under penalty of election falsification, with
the official with whom it files a statement under division (A) of
this section after filing a final statement of contributions and a
final statement of expenditures, if contributions have been received
or expenditures made since the period reflected in its last
previously filed statement.
(B)
Except as otherwise provided in division (C)(7) of this section, each
statement required by division (A) of this section shall contain the
following information:
(1)
The full name and address of each campaign committee, political
action committee, legislative campaign fund, political party, or
political contributing entity, including any treasurer of the
committee, fund, party, or entity, filing a contribution and
expenditure statement;
(2)(a)
In the case of a campaign committee, the candidate's full name and
address;
(b)
In the case of a political action committee, the registration number
assigned to the committee under division (D)(1) of this section.
(3)
The date of the election and whether it was or will be a general,
primary, or special election;
(4)
A statement of contributions received, which shall include the
following information:
(a)
The month, day, and year of the contribution;
(b)(i)
The full name and address of each person, political party, campaign
committee, legislative campaign fund, political action committee, or
political contributing entity from whom contributions are received
and the registration number assigned to the political action
committee under division (D)(1) of this section. The requirement of
filing the full address does not apply to any statement filed by a
state or local committee of a political party, to a finance committee
of such committee, or to a committee recognized by a state or local
committee as its fund-raising auxiliary. Notwithstanding division (F)
of this section, the requirement of filing the full address shall be
considered as being met if the address filed is the same address the
contributor provided under division (E)(1) of this section.
(ii)
If a political action committee, political contributing entity,
legislative campaign fund, or political party that is required to
file campaign finance statements by electronic means of transmission
under section 3517.106 of the Revised Code or a campaign committee of
a statewide candidate or candidate for the office of member of the
general assembly receives a contribution from an individual that
exceeds one hundred dollars, the name of the individual's current
employer, if any, or, if the individual is self-employed, the
individual's occupation and the name of the individual's business, if
any;
(iii)
If a campaign committee of a statewide candidate or candidate for the
office of member of the general assembly receives a contribution
transmitted pursuant to section 3599.031 of the Revised Code from
amounts deducted from the wages and salaries of two or more employees
that exceeds in the aggregate one hundred dollars during any one
filing period under division (A)(1), (2), (3), or (4) of this
section, the full name of the employees' employer and the full name
of the labor organization of which the employees are members, if any.
(c)
A description of the contribution received, if other than money;
(d)
The value in dollars and cents of the contribution;
(e)
A separately itemized account of all contributions and expenditures
regardless of the amount, except a receipt of a contribution from a
person in the sum of twenty-five dollars or less at one social or
fund-raising activity and a receipt of a contribution transmitted
pursuant to section 3599.031 of the Revised Code from amounts
deducted from the wages and salaries of employees if the contribution
from the amount deducted from the wages and salary of any one
employee is twenty-five dollars or less aggregated in a calendar
year. An account of the total contributions from each social or
fund-raising activity shall include a description of and the value of
each in-kind contribution received at that activity from any person
who made one or more such contributions whose aggregate value
exceeded two hundred fifty dollars and shall be listed separately,
together with the expenses incurred and paid in connection with that
activity. A campaign committee, political action committee,
legislative campaign fund, political party, or political contributing
entity shall keep records of contributions from each person in the
amount of twenty-five dollars or less at one social or fund-raising
activity and contributions from amounts deducted under section
3599.031 of the Revised Code from the wages and salary of each
employee in the amount of twenty-five dollars or less aggregated in a
calendar year. No continuing association that is recognized by a
state or local committee of a political party as an auxiliary of the
party and that makes a contribution from funds derived solely from
regular dues paid by members of the auxiliary shall be required to
list the name or address of any members who paid those dues.
Contributions
that are other income shall be itemized separately from all other
contributions. The information required under division (B)(4) of this
section shall be provided for all other income itemized. As used in
this paragraph, "other income" means a loan, investment
income, or interest income.
(f)
In the case of a campaign committee of a state elected officer, if a
person doing business with the state elected officer in the officer's
official capacity makes a contribution to the campaign committee of
that officer, the information required under division (B)(4) of this
section in regard to that contribution, which shall be filed together
with and considered a part of the committee's statement of
contributions as required under division (A) of this section but
shall be filed on a separate form provided by the secretary of state.
As used in this division:
(i)
"State elected officer" has the same meaning as in section
3517.092 of the Revised Code.
(ii)
"Person doing business" means a person or an officer of an
entity who enters into one or more contracts with a state elected
officer or anyone authorized to enter into contracts on behalf of
that officer to receive payments for goods or services, if the
payments total, in the aggregate, more than five thousand dollars
during a calendar year.
(5)
A statement of expenditures which shall include the following
information:
(a)
The month, day, and year of the expenditure;
(b)
The full name and address of each person, political party, campaign
committee, legislative campaign fund, political action committee, or
political contributing entity to whom the expenditure was made and
the registration number assigned to the political action committee
under division (D)(1) of this section;
(c)
The object or purpose for which the expenditure was made;
(d)
The amount of each expenditure.
(C)(1)
The statement of contributions and expenditures shall be signed by
the person completing the form. If a statement of contributions and
expenditures is filed by electronic means of transmission pursuant to
this section or section 3517.106 of the Revised Code, the electronic
signature of the person who executes the statement and transmits the
statement by electronic means of transmission, as provided in
division (F) of section 3517.106 of the Revised Code, shall be
attached to or associated with the statement and shall be binding on
all persons and for all purposes under the campaign finance reporting
law as if the signature had been handwritten in ink on a printed
form.
(2)
The person filing the statement, under penalty of election
falsification, shall include with it a list of each anonymous
contribution, the circumstances under which it was received, and the
reason it cannot be attributed to a specific donor.
(3)
Each statement of a campaign committee of a candidate who holds
public office shall contain a designation of each contributor who is
an employee in any unit or department under the candidate's direct
supervision and control. In a space provided in the statement, the
person filing the statement shall affirm that each such contribution
was voluntarily made.
(4)
A campaign committee that did not receive contributions or make
expenditures in connection with the nomination or election of its
candidate shall file a statement to that effect, on a form prescribed
under this section and made under penalty of election falsification,
on the date required in division (A)(2) of this section.
(5)
The campaign committee of any person who attempts to become a
candidate and who, for any reason, does not become certified in
accordance with Title XXXV of the Revised Code for placement on the
official ballot of a primary, general, or special election to be held
in this state, and who, at any time prior to or after an election,
receives contributions or makes expenditures, or has given consent
for another to receive contributions or make expenditures, for the
purpose of bringing about the person's nomination or election to
public office, shall file the statement or statements prescribed by
this section and a termination statement, if applicable. Division
(C)(5) of this section does not apply to any person with respect to
an election to the offices of member of a county or state central
committee, presidential elector, or delegate to a national convention
or conference of a political party.
(6)(a)
The statements required to be filed under this section shall specify
the balance in the hands of the campaign committee, political action
committee, legislative campaign fund, political party, or political
contributing entity and the disposition intended to be made of that
balance.
(b)
The secretary of state shall prescribe the form for all statements
required to be filed under this section and shall furnish the forms
to the boards of elections in the several counties. The boards of
elections shall supply printed copies of those forms without charge.
The secretary of state shall prescribe the appropriate methodology,
protocol, and data file structure for statements required or
permitted to be filed by electronic means of transmission to the
secretary of state or a board of elections under division (A) of this
section, division (E) of section 3517.106, division (D) of section
3517.1011, division (B) of section 3517.1012, division (C) of section
3517.1013, and divisions (D) and (I) of section 3517.1014 of the
Revised Code. Subject to division (A) of this section, division (E)
of section 3517.106, division (D) of section 3517.1011, division (B)
of section 3517.1012, division (C) of section 3517.1013, and
divisions (D) and (I) of section 3517.1014 of the Revised Code, the
statements required to be stored on computer by the secretary of
state under division (B) of section 3517.106 of the Revised Code
shall be filed in whatever format the secretary of state considers
necessary to enable the secretary of state to store the information
contained in the statements on computer. Any such format shall be of
a type and nature that is readily available to whoever is required to
file the statements in that format.
(c)
The secretary of state shall assess the need for training regarding
the filing of campaign finance statements by electronic means of
transmission and regarding associated technologies for candidates,
campaign committees, political action committees, legislative
campaign funds, political parties, or political contributing
entities, for individuals, partnerships, or other entities, for
persons making disbursements to pay the direct costs of producing or
airing electioneering communications, or for treasurers of transition
funds, required or permitted to file statements by electronic means
of transmission under this section or section 3517.105, 3517.106,
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code.
If, in the opinion of the secretary of state, training in these areas
is necessary, the secretary of state shall arrange for the provision
of voluntary training programs for candidates, campaign committees,
political action committees, legislative campaign funds, political
parties, or political contributing entities, for individuals,
partnerships, and other entities, for persons making disbursements to
pay the direct costs of producing or airing electioneering
communications, or for treasurers of transition funds, as
appropriate.
(7)
Each monthly statement and each two-business-day statement required
by division (A) of this section shall contain the information
required by divisions (B)(1) to (4), (C)(2), and, if appropriate,
(C)(3) of this section. Each statement shall be signed as required by
division (C)(1) of this section.
(D)(1)(a)
Prior to receiving a contribution or making an expenditure, every
campaign committee, political action committee, legislative campaign
fund, political party, or political contributing entity shall appoint
a treasurer and shall file, on a form prescribed by the secretary of
state, a designation of that appointment, including the full name and
address of the treasurer and of the campaign committee, political
action committee, legislative campaign fund, political party, or
political contributing entity. That designation shall be filed with
the official with whom the campaign committee, political action
committee, legislative campaign fund, political party, or political
contributing entity is required to file statements under section
3517.11 of the Revised Code. The name of a campaign committee shall
include at least the last name of the campaign committee's candidate.
If two or more candidates are the beneficiaries of a single campaign
committee under division (B) of section 3517.081 of the Revised Code,
the name of the campaign committee shall include at least the last
name of each candidate who is a beneficiary of that campaign
committee. The secretary of state shall assign a registration number
to each political action committee that files a designation of the
appointment of a treasurer under this division if the political
action committee is required by division (A)(1) of section 3517.11 of
the Revised Code to file the statements prescribed by this section
with the secretary of state.
(b)
The secretary of state shall not accept for filing a designation of
treasurer of a political action committee or political contributing
entity if, in the opinion of the secretary of state, the name of the
political action committee or political contributing entity would
lead a reasonable person to believe that the political action
committee or political contributing entity acts on behalf of or
represents a county political party, unless the designation is
accompanied by a written statement, signed by the chairperson of the
county political party's executive committee, granting the political
action committee or political contributing entity permission to act
on behalf of or represent the county political party.
(2)
The treasurer appointed under division (D)(1) of this section shall
keep a strict account of all contributions, from whom received and
the purpose for which they were disbursed.
(3)(a)
Except as otherwise provided in section 3517.108 of the Revised Code,
a campaign committee shall deposit all monetary contributions
received by the committee into an account separate from a personal or
business account of the candidate or campaign committee.
(b)
A political action committee shall deposit all monetary contributions
received by the committee into an account separate from all other
funds.
(c)
A state or county political party may establish a state candidate
fund that is separate from all other funds. A state or county
political party may deposit into its state candidate fund any amounts
of monetary contributions that are made to or accepted by the
political party subject to the applicable limitations, if any,
prescribed in section 3517.102 of the Revised Code. A state or county
political party shall deposit all other monetary contributions
received by the party into one or more accounts that are separate
from its state candidate fund.
(d)
Each state political party shall have only one legislative campaign
fund for each house of the general assembly. Each such fund shall be
separate from any other funds or accounts of that state party. A
legislative campaign fund is authorized to receive contributions and
make expenditures for the primary purpose of furthering the election
of candidates who are members of that political party to the house of
the general assembly with which that legislative campaign fund is
associated. Each legislative campaign fund shall be administered and
controlled in a manner designated by the caucus. As used in this
division, "caucus" has the same meaning as in section
3517.01 of the Revised Code and includes, as an ex officio member,
the chairperson of the state political party with which the caucus is
associated or that chairperson's designee.
(4)
Every expenditure in excess of twenty-five dollars shall be vouched
for by a receipted bill, stating the purpose of the expenditure, that
shall be filed with the statement of expenditures. A canceled check
with a notation of the purpose of the expenditure is a receipted bill
for purposes of division (D)(4) of this section.
(5)
The secretary of state or the board of elections, as the case may be,
shall issue a receipt for each statement filed under this section and
shall preserve a copy of the receipt for a period of at least six
years. All statements filed under this section shall be open to
public inspection in the office where they are filed and shall be
carefully preserved for a period of at least six years after the year
in which they are filed.
(6)
The secretary of state, by rule adopted pursuant to section 3517.23
of the Revised Code, shall prescribe both of the following:
(a)
The manner of immediately acknowledging, with date and time received,
and preserving the receipt of statements that are transmitted by
electronic means of transmission to the secretary of state or a board
of elections pursuant to this section or section 3517.106, 3517.1011,
3517.1012, 3517.1013, or 3517.1014 of the Revised Code;
(b)
The manner of preserving the contribution and expenditure,
contribution and disbursement, deposit and disbursement, gift and
disbursement, or donation and disbursement information in the
statements described in division (D)(6)(a) of this section. The
secretary of state shall preserve the contribution and expenditure,
contribution and disbursement, deposit and disbursement, gift and
disbursement, or donation and disbursement information in those
statements for at least ten years after the year in which they are
filed by electronic means of transmission.
(7)(a)
The secretary of state, pursuant to division (G) of section 3517.106
of the Revised Code, shall make available online to the public
through the internet the contribution and expenditure, contribution
and disbursement, deposit and disbursement, gift and disbursement, or
donation and disbursement information in all of the following
documents:
(i)
All statements, all addenda, amendments, or other corrections to
statements, and all amended statements filed with the secretary of
state by electronic or other means of transmission under this
section, division (B)(2)(b) or (C)(2)(b) of section 3517.105, or
section 3517.106, 3517.1011, 3517.1012, 3517.1013, 3517.1014, or
3517.11 of the Revised Code;
(ii)
All statements filed with a board of elections by electronic means of
transmission, and all addenda, amendments, corrections, and amended
versions of those statements, filed with the board under this
section, division (B)(2)(b) or (C)(2)(b) of section 3517.105, or
section 3517.106, 3517.1012, or 3517.11 of the Revised Code.
(b)
The secretary of state may remove the information from the internet
after a reasonable period of time.
(E)(1)
Any person, political party, campaign committee, legislative campaign
fund, political action committee, or political contributing entity
that makes a contribution in connection with the nomination or
election of any candidate or in connection with any ballot issue or
question at any election held or to be held in this state shall
provide its full name and address to the recipient of the
contribution at the time the contribution is made. The political
action committee also shall provide the registration number assigned
to the committee under division (D)(1) of this section to the
recipient of the contribution at the time the contribution is made.
(2)
Any individual who makes a contribution that exceeds one hundred
dollars to a political action committee, political contributing
entity, legislative campaign fund, or political party or to a
campaign committee of a statewide candidate or candidate for the
office of member of the general assembly shall provide the name of
the individual's current employer, if any, or, if the individual is
self-employed, the individual's occupation and the name of the
individual's business, if any, to the recipient of the contribution
at the time the contribution is made. Sections 3599.39 and 3599.40 of
the Revised Code do not apply to division (E)(2) of this section.
(3)
If a campaign committee shows that it has exercised its best efforts
to obtain, maintain, and submit the information required under
divisions (B)(4)(b)(ii) and (iii) of this section, that committee is
considered to have met the requirements of those divisions. A
campaign committee shall not be considered to have exercised its best
efforts unless, in connection with written solicitations, it
regularly includes a written request for the information required
under division (B)(4)(b)(ii) of this section from the contributor or
the information required under division (B)(4)(b)(iii) of this
section from whoever transmits the contribution.
(4)
Any check that a political action committee uses to make a
contribution or an expenditure shall contain the full name and
address of the committee and the registration number assigned to the
committee under division (D)(1) of this section.
(F)
As used in this section:
(1)(a)
Except as otherwise provided in division (F)(1) of this section,
"address" means all of the following if they exist:
apartment number, street, road, or highway name and number, rural
delivery route number, city or village, state, and zip code as used
in a person's post-office address, but not post-office box.
(b)
Except as otherwise provided in division (F)(1) of this section, if
an address is required in this section, a post-office box and office,
room, or suite number may be included in addition to, but not in lieu
of, an apartment, street, road, or highway name and number.
(c)
If an address is required in this section, a campaign committee,
political action committee, legislative campaign fund, political
party, or political contributing entity may use the business or
residence address of its treasurer or deputy treasurer. The
post-office box number of the campaign committee, political action
committee, legislative campaign fund, political party, or political
contributing entity may be used in addition to that address.
(d)
For the sole purpose of a campaign committee's reporting of
contributions on a statement of contributions received under division
(B)(4) of this section, "address" has one of the following
meanings at the option of the campaign committee:
(i)
The same meaning as in division (F)(1)(a) of this section;
(ii)
All of the following, if they exist: the contributor's post-office
box number and city or village, state, and zip code as used in the
contributor's post-office address.
(e)
As used with regard to the reporting under this section of any
expenditure, "address" means all of the following if they
exist: apartment number, street, road, or highway name and number,
rural delivery route number, city or village, state, and zip code as
used in a person's post-office address, or post-office box. If an
address concerning any expenditure is required in this section, a
campaign committee, political action committee, legislative campaign
fund, political party, or political contributing entity may use the
business or residence address of its treasurer or deputy treasurer or
its post-office box number.
(2)
"Statewide candidate" means the joint candidates for the
offices of governor and lieutenant governor or a candidate for the
office of secretary of state, auditor of state, treasurer of state,
attorney general,
tax
commissioner,
chief
justice of the supreme court, or justice of the supreme court.
(3)
"Candidate for county office" means a candidate for the
office of county auditor, county treasurer, clerk of the court of
common pleas, judge of the court of common pleas, sheriff, county
recorder, county engineer, county commissioner, prosecuting attorney,
or coroner.
(G)
An independent expenditure shall be reported whenever and in the same
manner that an expenditure is required to be reported under this
section and shall be reported pursuant to division (B)(2)(a) or
(C)(2)(a) of section 3517.105 of the Revised Code.
(H)(1)
Except as otherwise provided in division (H)(2) of this section, if,
during the combined pre-election and postelection reporting periods
for an election, a campaign committee has received contributions of
five hundred dollars or less and has made expenditures in the total
amount of five hundred dollars or less, it may file a statement to
that effect, under penalty of election falsification, in lieu of the
statement required by division (A)(2) of this section. The statement
shall indicate the total amount of contributions received and the
total amount of expenditures made during those combined reporting
periods.
(2)
In the case of a successful candidate at a primary election, if
either the total contributions received by or the total expenditures
made by the candidate's campaign committee during the preprimary,
postprimary, pregeneral, and postgeneral election periods combined
equal more than five hundred dollars, the campaign committee may file
the statement under division (H)(1) of this section only for the
primary election. The first statement that the campaign committee
files in regard to the general election shall reflect all
contributions received and all expenditures made during the
preprimary and postprimary election periods.
(3)
Divisions (H)(1) and (2) of this section do not apply if a campaign
committee receives contributions or makes expenditures prior to the
first day of January of the year of the election at which the
candidate seeks nomination or election to office or if the campaign
committee does not file a termination statement with its postprimary
election statement in the case of an unsuccessful primary election
candidate or with its postgeneral election statement in the case of
other candidates.
(I)
In the case of a contribution made by a partner of a partnership or
an owner or a member of another unincorporated business from any
funds of the partnership or other unincorporated business, all of the
following apply:
(1)
The recipient of the contribution shall report the contribution by
listing both the partnership or other unincorporated business and the
name of the partner, owner, or member making the contribution.
(2)
In reporting the contribution, the recipient of the contribution
shall be entitled to conclusively rely upon the information provided
by the partnership or other unincorporated business, provided that
the information includes one of the following:
(a)
The name of each partner, owner, or member as of the date of the
contribution or contributions, and a statement that the total
contributions are to be allocated equally among all of the partners,
owners, or members; or
(b)
The name of each partner, owner, or member as of the date of the
contribution or contributions who is participating in the
contribution or contributions, and a statement that the contribution
or contributions are to be allocated to those individuals in
accordance with the information provided by the partnership or other
unincorporated business to the recipient of the contribution.
(3)
For purposes of section 3517.102 of the Revised Code, the
contribution shall be considered to have been made by the partner,
owner, or member reported under division (I)(1) of this section.
(4)
No contribution from a partner of a partnership or an owner or a
member of another unincorporated business shall be accepted from any
funds of the partnership or other unincorporated business unless the
recipient reports the contribution under division (I)(1) of this
section together with the information provided under division (I)(2)
of this section.
(5)
No partnership or other unincorporated business shall make a
contribution or contributions solely in the name of the partnership
or other unincorporated business.
(6)
As used in division (I) of this section, "partnership or other
unincorporated business" includes, but is not limited to, a
cooperative, a sole proprietorship, a general partnership, a limited
partnership, a limited partnership association, a limited liability
partnership, and a limited liability company.
(J)
A candidate shall have only one campaign committee at any given time
for all of the offices for which the person is a candidate or holds
office.
(K)(1)
In addition to filing a designation of appointment of a treasurer
under division (D)(1) of this section, the campaign committee of any
candidate for an elected municipal office that pays an annual amount
of compensation of five thousand dollars or less, the campaign
committee of any candidate for member of a board of education or the
campaign committee of any candidate for township trustee or township
fiscal officer may sign, under penalty of election falsification, a
certificate attesting that the committee will not accept
contributions during an election period that exceed in the aggregate
two thousand dollars from all contributors and one hundred dollars
from any one individual, and that the campaign committee will not
make expenditures during an election period that exceed in the
aggregate two thousand dollars.
The
certificate shall be on a form prescribed by the secretary of state
and shall be filed not later than ten days after the candidate files
a declaration of candidacy and petition, a nominating petition, or a
declaration of intent to be a write-in candidate.
(2)
Except as otherwise provided in division (K)(3) of this section, a
campaign committee that files a certificate under division (K)(1) of
this section is not required to file the statements required by
division (A) of this section.
(3)
If, after filing a certificate under division (K)(1) of this section,
a campaign committee exceeds any of the limitations described in that
division during an election period, the certificate is void and
thereafter the campaign committee shall file the statements required
by division (A) of this section. If the campaign committee has not
previously filed a statement, then on the first statement the
campaign committee is required to file under division (A) of this
section after the committee's certificate is void, the committee
shall report all contributions received and expenditures made from
the time the candidate filed the candidate's declaration of candidacy
and petition, nominating petition, or declaration of intent to be a
write-in candidate.
(4)
As used in division (K) of this section, "election period"
means the period of time beginning on the day a person files a
declaration of candidacy and petition, nominating petition, or
declaration of intent to be a write-in candidate through the day of
the election at which the person seeks nomination to office if the
person is not elected to office, or, if the candidate was nominated
in a primary election, the day of the election at which the candidate
seeks office.
(L)
A political contributing entity that receives contributions from the
dues, membership fees, or other assessments of its members or from
its officers, shareholders, and employees may report the aggregate
amount of contributions received from those contributors and the
number of individuals making those contributions, for each filing
period under divisions (A)(1), (2), (3), and (4) of this section,
rather than reporting information as required under division (B)(4)
of this section, including, when applicable, the name of the current
employer, if any, of a contributor whose contribution exceeds one
hundred dollars or, if such a contributor is self-employed, the
contributor's occupation and the name of the contributor's business,
if any. Division (B)(4) of this section applies to a political
contributing entity with regard to contributions it receives from all
other contributors.
Sec.
3517.102.
(A)
Except as otherwise provided in section 3517.103 of the Revised Code,
as used in this section and sections 3517.103 and 3517.104 of the
Revised Code:
(1)
"Candidate" has the same meaning as in section 3517.01 of
the Revised Code but includes only candidates for the offices of
governor, lieutenant governor, secretary of state, auditor of state,
treasurer of state, attorney general,
tax
commissioner,
member
of the general assembly, chief justice of the supreme court, and
justice of the supreme court.
(2)
"Statewide candidate" or "any one statewide candidate"
means the joint candidates for the offices of governor and lieutenant
governor or a candidate for the office of secretary of state, auditor
of state, treasurer of state, attorney general,
tax
commissioner,
chief
justice of the supreme court, or justice of the supreme court.
(3)
"Senate candidate" means a candidate for the office of
state senator.
(4)
"House candidate" means a candidate for the office of state
representative.
(5)(a)
"Primary election period" for a candidate begins on the
beginning date of the candidate's pre-filing period specified in
division (A)(9) of section 3517.109 of the Revised Code and ends on
the day of the primary election.
(b)
In regard to any candidate, the "general election period"
begins on the day after the primary election immediately preceding
the general election at which the candidate seeks an office specified
in division (A)(1) of this section and ends on the thirty-first day
of December following that general election.
(6)
"State candidate fund" means the state candidate fund
established by a state or county political party under division
(D)(3)(c) of section 3517.10 of the Revised Code.
(7)
"Postgeneral election statement" means the statement filed
under division (A)(2) of section 3517.10 of the Revised Code by the
campaign committee of a candidate after the general election in which
the candidate ran for office or filed by legislative campaign fund
after the general election in an even-numbered year.
(8)
"Contribution" means any contribution that is required to
be reported in the statement of contributions under section 3517.10
of the Revised Code.
(9)(a)
Except as otherwise provided in division (A)(9)(b) of this section,
"designated state campaign committee" means:
(i)
In the case of contributions to or from a state political party, a
campaign committee of a statewide candidate, statewide officeholder,
senate candidate, house candidate, or member of the general assembly.
(ii)
In the case of contributions to or from a county political party, a
campaign committee of a senate candidate or house candidate whose
candidacy is to be submitted to some or all of the electors in that
county, or member of the general assembly whose district contains all
or part of that county.
(iii)
In the case of contributions to or from a legislative campaign fund,
a campaign committee of any of the following:
(I)
A senate or house candidate who, if elected, will be a member of the
same party that established the legislative campaign fund and the
same house with which the legislative campaign fund is associated;
(II)
A state senator or state representative who is a member of the same
party that established the legislative campaign fund and the same
house with which the legislative campaign fund is associated.
(b)
A campaign committee is no longer a "designated state campaign
committee" after the campaign committee's candidate changes the
designation of treasurer required to be filed under division (D)(1)
of section 3517.10 of the Revised Code to indicate that the person
intends to be a candidate for, or becomes a candidate for nomination
or election to, any office that, if elected, would not qualify that
candidate's campaign committee as a "designated state campaign
committee" under division (A)(9)(a) of this section.
(B)(1)(a)
No individual who is seven years of age or older shall make a
contribution or contributions aggregating more than:
(i)
Ten thousand dollars to the campaign committee of any one statewide
candidate in a primary election period or in a general election
period;
(ii)
Ten thousand dollars to the campaign committee of any one senate
candidate in a primary election period or in a general election
period;
(iii)
Ten thousand dollars to the campaign committee of any one house
candidate in a primary election period or in a general election
period;
(iv)
Ten thousand dollars to a county political party of the county in
which the individual's designated Ohio residence is located for the
party's state candidate fund in a calendar year;
(v)
Fifteen thousand dollars to any one legislative campaign fund in a
calendar year;
(vi)
Thirty thousand dollars to any one state political party for the
party's state candidate fund in a calendar year;
(vii)
Ten thousand dollars to any one political action committee in a
calendar year;
(viii)
Ten thousand dollars to any one political contributing entity in a
calendar year.
(b)
No individual shall make a contribution or contributions to the state
candidate fund of a county political party of any county other than
the county in which the individual's designated Ohio residence is
located.
(c)
No individual who is under seven years of age shall make any
contribution.
(2)(a)
Subject to division (D)(1) of this section, no political action
committee shall make a contribution or contributions aggregating more
than:
(i)
Ten thousand dollars to the campaign committee of any one statewide
candidate in a primary election period or in a general election
period;
(ii)
Ten thousand dollars to the campaign committee of any one senate
candidate in a primary election period or in a general election
period;
(iii)
Ten thousand dollars to the campaign committee of any one house
candidate in a primary election period or in a general election
period;
(iv)
Fifteen thousand dollars to any one legislative campaign fund in a
calendar year;
(v)
Thirty thousand dollars to any one state political party for the
party's state candidate fund in a calendar year;
(vi)
Ten thousand dollars to another political action committee or to a
political contributing entity in a calendar year. This division does
not apply to a political action committee that makes a contribution
to a political action committee or a political contributing entity
affiliated with it. For purposes of this division, a political action
committee is affiliated with another political action committee or
with a political contributing entity if they are both established,
financed, maintained, or controlled by, or if they are, the same
corporation, organization, labor organization, continuing
association, or other person, including any parent, subsidiary,
division, or department of that corporation, organization, labor
organization, continuing association, or other person.
(b)
No political action committee shall make a contribution or
contributions to a county political party for the party's state
candidate fund.
(3)
No campaign committee shall make a contribution or contributions
aggregating more than:
(a)
Ten thousand dollars to the campaign committee of any one statewide
candidate in a primary election period or in a general election
period;
(b)
Ten thousand dollars to the campaign committee of any one senate
candidate in a primary election period or in a general election
period;
(c)
Ten thousand dollars to the campaign committee of any one house
candidate in a primary election period or in a general election
period;
(d)
Ten thousand dollars to any one political action committee in a
calendar year;
(e)
Ten thousand dollars to any one political contributing entity in a
calendar year.
(4)(a)
Subject to division (D)(3) of this section, no political party shall
make a contribution or contributions aggregating more than ten
thousand dollars to any one political action committee or to any one
political contributing entity in a calendar year.
(b)
No county political party shall make a contribution or contributions
to another county political party.
(5)(a)
Subject to division (B)(5)(b) of this section, no campaign committee,
other than a designated state campaign committee, shall make a
contribution or contributions aggregating in a calendar year more
than:
(i)
Thirty thousand dollars to any one state political party for the
party's state candidate fund;
(ii)
Fifteen thousand dollars to any one legislative campaign fund;
(iii)
Ten thousand dollars to any one county political party for the
party's state candidate fund.
(b)
No campaign committee shall make a contribution or contributions to a
county political party for the party's state candidate fund unless
one of the following applies:
(i)
The campaign committee's candidate will appear on a ballot in that
county.
(ii)
The campaign committee's candidate is the holder of an elected public
office that represents all or part of the population of that county
at the time the contribution is made.
(6)(a)
No state candidate fund of a county political party shall make a
contribution or contributions, except a contribution or contributions
to a designated state campaign committee, in a primary election
period or a general election period, aggregating more than:
(i)
Two hundred fifty thousand dollars to the campaign committee of any
one statewide candidate;
(ii)
Ten thousand dollars to the campaign committee of any one senate
candidate;
(iii)
Ten thousand dollars to the campaign committee of any one house
candidate.
(b)(i)
No state candidate fund of a state or county political party shall
make a transfer or a contribution or transfers or contributions of
cash or cash equivalents to a designated state campaign committee in
a primary election period or in a general election period aggregating
more than:
(I)
Five hundred thousand dollars to the campaign committee of any one
statewide candidate;
(II)
One hundred thousand dollars to the campaign committee of any one
senate candidate;
(III)
Fifty thousand dollars to the campaign committee of any one house
candidate.
(ii)
No legislative campaign fund shall make a transfer or a contribution
or transfers or contributions of cash or cash equivalents to a
designated state campaign committee aggregating more than:
(I)
Fifty thousand dollars in a primary election period or one hundred
thousand dollars in a general election period to the campaign
committee of any one senate candidate;
(II)
Twenty-five thousand dollars in a primary election period or fifty
thousand dollars in a general election period to the campaign
committee of any one house candidate.
(iii)
As used in divisions (B)(6)(b) and (C)(6) of this section, "transfer
or contribution of cash or cash equivalents" does not include
any in-kind contributions.
(c)
A county political party that has no state candidate fund and that is
located in a county having a population of less than one hundred
fifty thousand may make one or more contributions from other accounts
to any one statewide candidate or to any one designated state
campaign committee that do not exceed, in the aggregate, two thousand
five hundred dollars in any primary election period or general
election period.
(d)
No legislative campaign fund shall make a contribution, other than to
a designated state campaign committee or to the state candidate fund
of a political party.
(7)(a)
Subject to division (D)(1) of this section, no political contributing
entity shall make a contribution or contributions aggregating more
than:
(i)
Ten thousand dollars to the campaign committee of any one statewide
candidate in a primary election period or in a general election
period;
(ii)
Ten thousand dollars to the campaign committee of any one senate
candidate in a primary election period or in a general election
period;
(iii)
Ten thousand dollars to the campaign committee of any one house
candidate in a primary election period or in a general election
period;
(iv)
Fifteen thousand dollars to any one legislative campaign fund in a
calendar year;
(v)
Thirty thousand dollars to any one state political party for the
party's state candidate fund in a calendar year;
(vi)
Ten thousand dollars to another political contributing entity or to a
political action committee in a calendar year. This division does not
apply to a political contributing entity that makes a contribution to
a political contributing entity or a political action committee
affiliated with it. For purposes of this division, a political
contributing entity is affiliated with another political contributing
entity or with a political action committee if they are both
established, financed, maintained, or controlled by, or if they are,
the same corporation, organization, labor organization, continuing
association, or other person, including any parent, subsidiary,
division, or department of that corporation, organization, labor
organization, continuing association, or other person.
(b)
No political contributing entity shall make a contribution or
contributions to a county political party for the party's state
candidate fund.
(C)(1)(a)
Subject to division (D)(1) of this section, no campaign committee of
a statewide candidate shall do any of the following:
(i)
Knowingly accept a contribution or contributions from any individual
who is under seven years of age;
(ii)
Accept a contribution or contributions aggregating more than ten
thousand dollars from any one individual who is seven years of age or
older, from any one political action committee, from any one
political contributing entity, or from any one other campaign
committee in a primary election period or in a general election
period;
(iii)
Accept a contribution or contributions aggregating more than two
hundred fifty thousand dollars from any one or combination of state
candidate funds of county political parties in a primary election
period or in a general election period.
(b)
No campaign committee of a statewide candidate shall accept a
contribution or contributions aggregating more than two thousand five
hundred dollars in a primary election period or in a general election
period from a county political party that has no state candidate fund
and that is located in a county having a population of less than one
hundred fifty thousand.
(2)(a)
Subject to division (D)(1) of this section and except for a
designated state campaign committee, no campaign committee of a
senate candidate shall do either of the following:
(i)
Knowingly accept a contribution or contributions from any individual
who is under seven years of age;
(ii)
Accept a contribution or contributions aggregating more than ten
thousand dollars from any one individual who is seven years of age or
older, from any one political action committee, from any one
political contributing entity, from any one state candidate fund of a
county political party, or from any one other campaign committee in a
primary election period or in a general election period.
(b)
No campaign committee of a senate candidate shall accept a
contribution or contributions aggregating more than two thousand five
hundred dollars in a primary election period or in a general election
period from a county political party that has no state candidate fund
and that is located in a county having a population of less than one
hundred fifty thousand.
(3)(a)
Subject to division (D)(1) of this section and except for a
designated state campaign committee, no campaign committee of a house
candidate shall do either of the following:
(i)
Knowingly accept a contribution or contributions from any individual
who is under seven years of age;
(ii)
Accept a contribution or contributions aggregating more than ten
thousand dollars from any one individual who is seven years of age or
older, from any one political action committee, from any one
political contributing entity, from any one state candidate fund of a
county political party, or from any one other campaign committee in a
primary election period or in a general election period.
(b)
No campaign committee of a house candidate shall accept a
contribution or contributions aggregating more than two thousand five
hundred dollars in a primary election period or in a general election
period from a county political party that has no state candidate fund
and that is located in a county having a population of less than one
hundred fifty thousand.
(4)(a)(i)
Subject to division (C)(4)(a)(ii) of this section and except for a
designated state campaign committee, no county political party shall
knowingly accept a contribution or contributions from any individual
who is under seven years of age, or accept a contribution or
contributions for the party's state candidate fund aggregating more
than ten thousand dollars from any one individual whose designated
Ohio residence is located within that county and who is seven years
of age or older or from any one campaign committee in a calendar
year.
(ii)
Subject to division (D)(1) of this section, no county political party
shall accept a contribution or contributions for the party's state
candidate fund from any individual whose designated Ohio residence is
located outside of that county and who is seven years of age or
older, from any campaign committee unless the campaign committee's
candidate will appear on a ballot in that county or unless the
campaign committee's candidate is the holder of an elected public
office that represents all or part of the population of that county
at the time the contribution is accepted, or from any political
action committee or any political contributing entity.
(iii)
No county political party shall accept a contribution or
contributions from any other county political party.
(b)
Subject to division (D)(1) of this section, no state political party
shall do either of the following:
(i)
Knowingly accept a contribution or contributions from any individual
who is under seven years of age;
(ii)
Accept a contribution or contributions for the party's state
candidate fund aggregating more than thirty thousand dollars from any
one individual who is seven years of age or older, from any one
political action committee, from any one political contributing
entity, or from any one campaign committee, other than a designated
state campaign committee, in a calendar year.
(5)
Subject to division (D)(1) of this section, no legislative campaign
fund shall do either of the following:
(a)
Knowingly accept a contribution or contributions from any individual
who is under seven years of age;
(b)
Accept a contribution or contributions aggregating more than fifteen
thousand dollars from any one individual who is seven years of age or
older, from any one political action committee, from any one
political contributing entity, or from any one campaign committee,
other than a designated state campaign committee, in a calendar year.
(6)(a)
No designated state campaign committee shall accept a transfer or
contribution of cash or cash equivalents from a state candidate fund
of a state political party aggregating in a primary election period
or a general election period more than:
(i)
Five hundred thousand dollars, in the case of a campaign committee of
a statewide candidate;
(ii)
One hundred thousand dollars, in the case of a campaign committee of
a senate candidate;
(iii)
Fifty thousand dollars, in the case of a campaign committee of a
house candidate.
(b)
No designated state campaign committee shall accept a transfer or
contribution of cash or cash equivalents from a legislative campaign
fund aggregating more than:
(i)
Fifty thousand dollars in a primary election period or one hundred
thousand dollars in a general election period, in the case of a
campaign committee of a senate candidate;
(ii)
Twenty-five thousand dollars in a primary election period or fifty
thousand dollars in a general election period, in the case of a
campaign committee of a house candidate.
(c)
No campaign committee of a candidate for the office of member of the
general assembly, including a designated state campaign committee,
shall accept a transfer or contribution of cash or cash equivalents
from any one or combination of state candidate funds of county
political parties aggregating in a primary election period or a
general election period more than:
(i)
One hundred thousand dollars, in the case of a campaign committee of
a senate candidate;
(ii)
Fifty thousand dollars, in the case of a campaign committee of a
house candidate.
(7)(a)
Subject to division (D)(3) of this section, no political action
committee and no political contributing entity shall do either of the
following:
(i)
Knowingly accept a contribution or contributions from any individual
who is under seven years of age;
(ii)
Accept a contribution or contributions aggregating more than ten
thousand dollars from any one individual who is seven years of age or
older, from any one campaign committee, or from any one political
party in a calendar year.
(b)
Subject to division (D)(1) of this section, no political action
committee shall accept a contribution or contributions aggregating
more than ten thousand dollars from another political action
committee or from a political contributing entity in a calendar year.
Subject to division (D)(1) of this section, no political contributing
entity shall accept a contribution or contributions aggregating more
than ten thousand dollars from another political contributing entity
or from a political action committee in a calendar year. This
division does not apply to a political action committee or political
contributing entity that accepts a contribution from a political
action committee or political contributing entity affiliated with it.
For purposes of this division, a political action committee is
affiliated with another political action committee or with a
political contributing entity if they are both established, financed,
maintained, or controlled by the same corporation, organization,
labor organization, continuing association, or other person,
including any parent, subsidiary, division, or department of that
corporation, organization, labor organization, continuing
association, or other person.
(D)(1)(a)
For purposes of the limitations prescribed in division (B)(2) of this
section and the limitations prescribed in divisions (C)(1), (2), (3),
(4), (5), and (7)(b) of this section, whichever is applicable, all
contributions made by and all contributions accepted from political
action committees that are established, financed, maintained, or
controlled by, or that are, the same corporation, organization, labor
organization, continuing association, or other person, including any
parent, subsidiary, division, or department of that corporation,
organization, labor organization, continuing association, or other
person, are considered to have been made by or accepted from a single
political action committee.
(b)
For purposes of the limitations prescribed in division (B)(7) of this
section and the limitations prescribed in divisions (C)(1), (2), (3),
(4), (5), and (7)(b) of this section, whichever is applicable, all
contributions made by and all contributions accepted from political
contributing entities that are established, financed, maintained, or
controlled by, or that are, the same corporation, organization, labor
organization, continuing association, or other person, including any
parent, subsidiary, division, or department of that corporation,
organization, labor organization, continuing association, or other
person, are considered to have been made by or accepted from a single
political contributing entity.
(2)
As used in divisions (B)(1)(a)(vii), (B)(3)(d), (B)(4)(a), and (C)(7)
of this section, "political action committee" does not
include a political action committee that is organized to support or
oppose a ballot issue or question and that makes no contributions to
or expenditures on behalf of a political party, campaign committee,
legislative campaign fund, political action committee, or political
contributing entity. As used in divisions (B)(1)(a)(viii), (B)(3)(e),
(B)(4)(a), and (C)(7) of this section, "political contributing
entity" does not include a political contributing entity that is
organized to support or oppose a ballot issue or question and that
makes no contributions to or expenditures on behalf of a political
party, campaign committee, legislative campaign fund, political
action committee, or political contributing entity.
(3)
For purposes of the limitations prescribed in divisions (B)(4) and
(C)(7)(a) of this section, all contributions made by and all
contributions accepted from a national political party, a state
political party, and a county political party are considered to have
been made by or accepted from a single political party and shall be
combined with each other to determine whether the limitations have
been exceeded.
(E)(1)
If a legislative campaign fund has kept a total amount of
contributions exceeding one hundred fifty thousand dollars at the
close of business on the seventh day before the postgeneral election
statement is required to be filed under section 3517.10 of the
Revised Code, the legislative campaign fund shall comply with
division (E)(2) of this section.
(2)(a)
Any legislative campaign fund that has kept a total amount of
contributions in excess of the amount specified in division (E)(1) of
this section at the close of business on the seventh day before the
postgeneral election statement is required to be filed under section
3517.10 of the Revised Code shall dispose of the excess amount in the
manner prescribed in division (E)(2)(b)(i), (ii), or (iii) of this
section not later than ninety days after the day the postgeneral
election statement is required to be filed under section 3517.10 of
the Revised Code. Any legislative campaign fund that is required to
dispose of an excess amount of contributions under this division
shall file a statement on the ninetieth day after the postgeneral
election statement is required to be filed under section 3517.10 of
the Revised Code indicating the total amount of contributions the
fund has at the close of business on the seventh day before the
postgeneral election statement is required to be filed under section
3517.10 of the Revised Code and that the excess contributions were
disposed of pursuant to this division and division (E)(2)(b) of this
section. The statement shall be on a form prescribed by the secretary
of state and shall contain any additional information the secretary
of state considers necessary.
(b)
Any legislative campaign fund that is required to dispose of an
excess amount of contributions under division (E)(2) of this section
shall dispose of that excess amount by doing any of the following:
(i)
Giving the amount to the treasurer of state for deposit into the
state treasury to the credit of the Ohio election integrity
commission fund created by section 111.29 of the Revised Code;
(ii)
Giving the amount to individuals who made contributions to that
legislative campaign fund as a refund of all or part of their
contributions;
(iii)
Giving the amount to a corporation that is exempt from federal income
taxation under subsection 501(a) and described in subsection 501(c)
of the Internal Revenue Code.
(F)(1)
No legislative campaign fund shall fail to file a statement required
by division (E) of this section.
(2)
No legislative campaign fund shall fail to dispose of excess
contributions as required by division (E) of this section.
(G)
Nothing in this section shall affect, be used in determining, or
supersede a limitation on campaign contributions as provided for in
the Federal Election Campaign Act.
Sec.
3517.103.
(A)
For purposes of this section:
(1)
"Statewide candidate" means the joint candidates for the
offices of governor and lieutenant governor or a candidate for the
office of secretary of state, auditor of state, treasurer of state,
or
attorney
general
,
or tax commissioner
.
(2)(a)
"Personal funds" means contributions to the campaign
committee of a candidate by the candidate.
(b)
A loan obtained by, guaranteed by, or for the benefit of a statewide
candidate, senate candidate, or house candidate shall be considered
"personal funds" subject to the provisions of this section
to the extent that the loan is obtained or guaranteed by the
candidate. A loan that is obtained or guaranteed and that is for the
benefit of a statewide candidate, senate candidate, or house
candidate shall not be considered "personal funds" for the
purposes of this section but shall be considered to be a
"contribution" for the purposes of this chapter if the loan
is obtained or guaranteed by anyone other than the candidate.
(c)
When a debt or other obligation incurred by a committee or by a
candidate on behalf of the candidate's committee is to be paid from
"personal funds," those funds are considered to be expended
when the debt or other obligation is incurred, regardless of when it
is paid.
(B)(1)
Except as otherwise provided in division (B)(2) of this section, no
statewide candidate or candidate for the office of member of the
general assembly shall make an expenditure of personal funds to
influence the results of an election for that candidate's nomination
or election to office unless the personal funds are first deposited
into the campaign fund of that candidate's campaign committee.
(2)
A statewide candidate or candidate for the office of member of the
general assembly may make an expenditure of personal funds without
first depositing those funds into the campaign committee's funds as
long as the aggregate total of those expenditures does not exceed
five hundred dollars at any time during an election period. After the
candidate's campaign committee reimburses the candidate for any
direct expenditure of personal funds, the amount that was reimbursed
is no longer included in the aggregate total of expenditures of
personal funds subject to the five-hundred-dollar limit.
Sec.
3517.104.
(A)
In January of each odd-numbered year, the secretary of state, in
accordance with this division and division (B) of this section, shall
adjust each amount specified in section 3517.102, in division
(B)(4)(e) of section 3517.10, and in division (B) of section 3517.101
of the Revised Code. The adjustment shall be based on the yearly
average of the previous two years of the Consumer Price Index for All
Urban Consumers or its successive equivalent, as determined by the
United States department of labor, bureau of labor statistics, or its
successor in responsibility, for all items, Series A. Using the 1996
yearly average as the base year, the secretary of state shall compare
the most current average consumer price index with that determined in
the preceding odd-numbered year, and shall determine the percentage
increase or decrease. The percentage increase or decrease shall be
multiplied by the actual dollar figure for each office or entity
specified in section 3517.102 of the Revised Code and by each actual
dollar figure specified in division (B)(4)(e) of section 3517.10 and
in division (B) of section 3517.101 of the Revised Code as determined
in the previous odd-numbered year, and the product shall be added to
or subtracted from its corresponding actual dollar figure, as
necessary, for that previous odd-numbered year.
The
resulting amount shall be rounded to the nearest twenty-five dollars
if the calculations are made regarding the amounts specified in
division (B)(4)(e) of section 3517.10 of the Revised Code.
If
the calculations are made regarding the amounts specified in section
3517.101 or 3517.102 of the Revised Code, the resulting amount shall
not be rounded. If that resulting amount is less than one hundred
dollars, the secretary of state shall retain a record of the
resulting amount and the manner in which it was calculated, but shall
not make an adjustment unless the resulting amount, when added to the
resulting amount calculated in each prior odd-numbered year since the
last adjustment was made, equals or exceeds one hundred dollars.
(B)(1)
The secretary of state shall calculate the adjustment under division
(A) of this section and shall report the calculations and necessary
materials to the auditor of state, on or before the thirty-first day
of January of each odd-numbered year. The secretary of state shall
base the adjustment on the most current consumer price index that is
described in division (A) of this section and that is in effect as of
the first day of January of each odd-numbered year.
(2)
The calculations made by the secretary of state under divisions (A)
and (B)(1) of this section shall be certified by the auditor of state
on or before the fifteenth day of February of each odd-numbered year.
(3)
On or before the twenty-fifth day of February of each odd-numbered
year, the secretary of state shall prepare a report setting forth the
maximum contribution limitations under section 3517.102 of the
Revised Code, the maximum amounts, if any, of contributions permitted
to be kept under that section, the amounts required under division
(B)(4)(e) of section 3517.10 of the Revised Code for reporting
contributions and in-kind contributions at social or fund-raising
activities and contributions from amounts deducted from an employee's
wages and salary, and the maximum office facility gift limitations
under section 3517.101 of the Revised Code, as calculated and
certified pursuant to divisions (A) and (B)(1) and (2) of this
section. The report and all documents relating to the calculations
contained in the report are public records. The report shall contain
an indication of the period in which the limitations, the maximum
contribution or gift amounts, and the reporting amounts apply, a
summary of how the limitations, the maximum contribution or gift
amounts, and the reporting amounts were calculated, and a statement
that the report and all related documents are available for
inspection and copying at the office of the secretary of state.
(4)
On or before the twenty-fifth day of February of each odd-numbered
year, the secretary of state shall transmit the report to the general
assembly and shall send the report by mail to the board of elections
of each county.
(5)
The secretary of state shall send the report by mail to each person
who files a declaration of candidacy or nominating petition with the
secretary of state for the office of governor, lieutenant governor,
secretary of state, auditor of state, treasurer of state, attorney
general,
tax
commissioner,
chief
justice of the supreme court, or justice of the supreme court. The
report shall be mailed on or before the tenth day after the filing.
(6)
A board of elections shall send the report by mail to each person who
files a declaration of candidacy or nominating petition with the
board for the office of state representative or state senator. The
report shall be mailed on or before the tenth day after the filing.
Sec.
3517.106.
(A)
As used in this section:
(1)
"Statewide office" means any of the offices of governor,
lieutenant governor, secretary of state, auditor of state, treasurer
of state, attorney general,
tax
commissioner,
chief
justice of the supreme court, and justice of the supreme court.
(2)
"Addendum to a statement" includes an amendment or other
correction to that statement.
(B)
The secretary of state shall store all of the following information
on computer:
(1)
The information contained in statements of contributions and
expenditures and monthly statements required to be filed under
section 3517.10 of the Revised Code and in statements of independent
expenditures required to be filed under section 3517.105 of the
Revised Code with the secretary of state and the information
transmitted to the secretary of state by boards of elections under
division (E)(2) of this section;
(2)
The information contained in disclosure of electioneering
communications statements required to be filed under section
3517.1011 of the Revised Code;
(3)
The information contained in deposit and disbursement statements
required to be filed with the office of the secretary of state under
section 3517.1012 of the Revised Code;
(4)
The gift and disbursement information contained in statements
required to be filed with the office of the secretary of state under
section 3517.1013 of the Revised Code;
(5)
The information contained in donation and disbursement statements
required to be filed with the office of the secretary of state under
section 3517.1014 of the Revised Code.
(C)(1)
The secretary of state shall make available to the campaign
committees, political action committees, political contributing
entities, legislative campaign funds, political parties, individuals,
partnerships, corporations, labor organizations, treasurers of
transition funds, and other entities that are permitted or required
to file statements by electronic means of transmission, and to
members of the news media and other interested persons, for a
reasonable fee, computer programs that are compatible with the
secretary of state's method of storing the information contained in
the statements.
(2)
The secretary of state shall make the information required to be
stored under division (B) of this section available on computer at
the secretary of state's office so that, to the maximum extent
feasible, individuals may obtain at the secretary of state's office
any part or all of that information for any given year, subject to
the limitation expressed in division (D) of this section.
(D)
The secretary of state shall keep the information stored on computer
under division (B) of this section for at least six years.
(E)(1)
Subject to division (J) of this section and subject to the secretary
of state having implemented, tested, and verified the successful
operation of any system the secretary of state prescribes pursuant to
division (F)(1) of this section and divisions (C)(6)(b) and (D)(6) of
section 3517.10 of the Revised Code for the filing of campaign
finance statements by electronic means of transmission, each of the
following entities shall be permitted or required to file statements
by electronic means of transmission, as applicable:
(a)
The campaign committee of each candidate for statewide office may
file the statements prescribed by section 3517.10 of the Revised Code
by electronic means of transmission or, if the total amount of the
contributions received or the total amount of the expenditures made
by the campaign committee for the applicable reporting period as
specified in division (A) of section 3517.10 of the Revised Code
exceeds ten thousand dollars, shall file those statements by
electronic means of transmission.
(b)
A campaign committee of a candidate for the office of member of the
general assembly or a campaign committee of a candidate for the
office of judge of a court of appeals may file the statements
prescribed by section 3517.10 of the Revised Code in accordance with
division (A)(2) of section 3517.11 of the Revised Code or by
electronic means of transmission to the office of the secretary of
state or, if the total amount of the contributions received by the
campaign committee for the applicable reporting period as specified
in division (A) of section 3517.10 of the Revised Code exceeds ten
thousand dollars, shall file those statements by electronic means of
transmission to the office of the secretary of state.
(c)
A campaign committee of a candidate for an office other than a
statewide office, the office of member of the general assembly, or
the office of judge of a court of appeals may file the statements
prescribed by section 3517.10 of the Revised Code by electronic means
of transmission to the secretary of state or the board of elections,
as applicable.
(d)
A political action committee and a political contributing entity
described in division (A)(1) of section 3517.11 of the Revised Code,
a legislative campaign fund, and a state political party may file the
statements prescribed by section 3517.10 of the Revised Code by
electronic means of transmission to the office of the secretary of
state or, if the total amount of the contributions received or the
total amount of the expenditures made by the political action
committee, political contributing entity, legislative campaign fund,
or state political party for the applicable reporting period as
specified in division (A) of section 3517.10 of the Revised Code
exceeds ten thousand dollars, shall file those statements by
electronic means of transmission.
(e)
A county political party shall file the statements prescribed by
section 3517.10 of the Revised Code with respect to its state
candidate fund by electronic means of transmission to the office of
the secretary of state.
(f)
A county political party may file all other statements prescribed by
section 3517.10 of the Revised Code by electronic means of
transmission to the board of elections.
(g)
A political action committee or political contributing entity
described in division (A)(3) of section 3517.11 of the Revised Code
may file the statements prescribed by section 3517.10 of the Revised
Code by electronic means of transmission to the board of elections.
(h)
Any individual, partnership, or other entity that makes independent
expenditures in support of or opposition to a statewide candidate or
a statewide ballot issue or question as provided in division
(B)(2)(b) or (C)(2)(b) of section 3517.105 of the Revised Code may
file the statement specified in that division by electronic means of
transmission to the office of the secretary of state or, if the total
amount of independent expenditures made during the reporting period
under that division exceeds ten thousand dollars, shall file the
statement specified in that division by electronic means of
transmission.
(i)
Any individual, partnership, or other entity that makes independent
expenditures in support of or opposition to a candidate or ballot
issue other than a statewide candidate or a statewide ballot issue as
provided in division (B)(2)(b) or (C)(2)(b) of section 3517.105 of
the Revised Code may file the statement specified in that division by
electronic means of transmission to the board of elections.
(2)
A board of elections that receives a statement by electronic means of
transmission shall transmit that statement to the secretary of state
within five business days after receiving the statement. If the board
receives an addendum or an amended statement from an entity that
filed a statement with the board by electronic means of transmission,
the board shall transmit the addendum or amended statement to the
secretary of state not later than the close of business on the day
the board received the addendum or amended statement.
(3)(a)
Except as otherwise provided in division (E)(3)(b) of this section,
within five business days after a statement filed under division
(E)(1) of this section is received by the secretary of state by
electronic or other means of transmission, the secretary of state
shall make available online to the public through the internet, as
provided in division (G) of this section, the contribution and
expenditure information in that statement.
(b)
The secretary of state shall not make available online to the public
through the internet any contribution or expenditure information
contained in a statement for any candidate until the secretary of
state is able to make available online to the public through the
internet the contribution and expenditure information for all
candidates for a particular office, or until the applicable filing
deadline for that statement has passed, whichever is sooner. As soon
as the secretary of state has available all of the contribution and
expenditure information for all candidates for a particular office,
or as soon as the applicable filing deadline for a statement has
passed, whichever is sooner, the secretary of state shall
simultaneously make available online to the public through the
internet the information for all candidates for that office.
(4)(a)
If a statement filed by electronic means of transmission is found to
be incomplete or inaccurate after the examination of the statement
for completeness and accuracy pursuant to division (B)(3)(a) of
section 3517.11 of the Revised Code, the entity that filed the
statement shall file by electronic means of transmission any addendum
to the statement that provides the information necessary to complete
or correct the statement or, if required under that division, an
amended statement.
(b)
Within five business days after the secretary of state receives an
addendum to the statement or an amended statement by electronic or
other means of transmission, the secretary of state shall make the
contribution and expenditure information in the addendum or amended
statement available online to the public through the internet as
provided in division (G) of this section.
(5)
If a campaign committee for the office of member of the general
assembly or a campaign committee of a candidate for the office of
judge of a court of appeals files a statement, addendum, or amended
statement by printed version only with the appropriate board of
elections, the campaign committee shall file two copies of the
printed version of the statement, addendum, or amended statement with
the board of elections. The board of elections shall send one of
those copies by certified mail or an electronic copy to the secretary
of state before the close of business on the day the board of
elections receives the statement, addendum, or amended statement.
(F)(1)
The secretary of state, by rule adopted pursuant to section 3517.23
of the Revised Code, shall prescribe one or more techniques by which
a person who executes and transmits to the secretary of state or a
board of elections by electronic means a statement of contributions
and expenditures, a statement of independent expenditures, a
disclosure of electioneering communications statement, a deposit and
disbursement statement, a gift and disbursement statement, or a
donation and disbursement statement, an addendum to any of those
statements, an amended statement of contributions and expenditures,
an amended statement of independent expenditures, an amended
disclosure of electioneering communications statement, an amended
deposit and disbursement statement, an amended gift and disbursement
statement, or an amended donation and disbursement statement, under
this section or section 3517.10, 3517.105, 3517.1011, 3517.1012,
3517.1013, or 3517.1014 of the Revised Code shall electronically sign
the statement, addendum, or amended statement. Any technique
prescribed by the secretary of state pursuant to this division shall
create an electronic signature that satisfies all of the following:
(a)
It is unique to the signer.
(b)
It objectively identifies the signer.
(c)
It involves the use of a signature device or other means or method
that is under the sole control of the signer and that cannot be
readily duplicated or compromised.
(d)
It is created and linked to the electronic record to which it relates
in a manner that, if the record or signature is intentionally or
unintentionally changed after signing, the electronic signature is
invalidated.
(2)
An electronic signature prescribed by the secretary of state under
division (F)(1) of this section shall be attached to or associated
with the statement of contributions and expenditures, the statement
of independent expenditures, the disclosure of electioneering
communications statement, the deposit and disbursement statement, the
gift and disbursement statement, or the donation and disbursement
statement, the addendum to any of those statements, the amended
statement of contributions and expenditures, the amended statement of
independent expenditures, the amended disclosure of electioneering
communications statement, the amended deposit and disbursement
statement, the amended gift and disbursement statement, or the
amended donation and disbursement statement that is executed and
transmitted by electronic means by the person to whom the electronic
signature is attributed. The electronic signature that is attached to
or associated with the statement, addendum, or amended statement
under this division shall be binding on all persons and for all
purposes under the campaign finance reporting law as if the signature
had been handwritten in ink on a printed form.
(G)
The secretary of state shall make all of the following information
available online to the public by any means that are searchable,
viewable, and accessible through the internet:
(1)
The contribution and expenditure, the contribution and disbursement,
the deposit and disbursement, the gift and disbursement, or the
donation and disbursement information in all statements, all addenda
to the statements, and all amended statements that are filed with the
secretary of state by electronic or other means of transmission under
this section or section 3517.10, 3517.105, 3517.1011, 3517.1012,
3517.1013, 3517.1014, or 3517.11 of the Revised Code;
(2)
The contribution and expenditure or the deposit and disbursement
information in all statements that are filed with a board of
elections by electronic means of transmission, and in all addenda to
those statements and all amended versions of those statements, under
this section or section 3517.10, 3517.105, 3517.1012, or 3517.11 of
the Revised Code.
(H)(1)
As used in this division, "library" means a library that is
open to the public and that is one of the following:
(a)
A library that is maintained and regulated under section 715.13 of
the Revised Code;
(b)
A library that is created, maintained, and regulated under Chapter
3375. of the Revised Code.
(2)
The secretary of state shall notify all libraries of the location on
the internet at which the contribution and expenditure, contribution
and disbursement, deposit and disbursement, gift and disbursement, or
donation and disbursement information in campaign finance statements
required to be made available online to the public through the
internet pursuant to division (G) of this section may be accessed.
If
that location is part of the world wide web and if the secretary of
state has notified a library of that world wide web location as
required by this division, the library shall include a link to that
world wide web location on each internet-connected computer it
maintains that is accessible to the public.
(3)
If the system the secretary of state prescribes for the filing of
campaign finance statements by electronic means of transmission
pursuant to division (F)(1) of this section and divisions (C)(6)(b)
and (D)(6) of section 3517.10 of the Revised Code includes filing
those statements through the internet via the world wide web, the
secretary of state shall notify all libraries of the world wide web
location at which those statements may be filed.
If
those statements may be filed through the internet via the world wide
web and if the secretary of state has notified a library of that
world wide web location as required by this division, the library
shall include a link to that world wide web location on each
internet-connected computer it maintains that is accessible to the
public.
(I)
It is an affirmative defense to a complaint or charge brought against
any campaign committee, political action committee, political
contributing entity, legislative campaign fund, or political party,
any individual, partnership, or other entity, any person making
disbursements to pay the direct costs of producing or airing
electioneering communications, or any treasurer of a transition fund,
for the failure to file by electronic means of transmission a
campaign finance statement as required by this section or section
3517.10, 3517.105, 3517.1011, 3517.1012, 3517.1013, or 3517.1014 of
the Revised Code that all of the following apply to the campaign
committee, political action committee, political contributing entity,
legislative campaign fund, or political party, the individual,
partnership, or other entity, the person making disbursements to pay
the direct costs of producing or airing electioneering
communications, or the treasurer of a transition fund that failed to
so file:
(1)
The campaign committee, political action committee, political
contributing entity, legislative campaign fund, or political party,
the individual, partnership, or other entity, the person making
disbursements to pay the direct costs of producing or airing
electioneering communications, or the treasurer of a transition fund
attempted to file by electronic means of transmission the required
statement prior to the deadline set forth in the applicable section.
(2)
The campaign committee, political action committee, political
contributing entity, legislative campaign fund, or political party,
the individual, partnership, or other entity, the person making
disbursements to pay the direct costs of producing or airing
electioneering communications, or the treasurer of a transition fund
was unable to file by electronic means of transmission due to an
expected or unexpected shutdown of the whole or part of the
electronic campaign finance statement-filing system, such as for
maintenance or because of hardware, software, or network connection
failure.
(3)
The campaign committee, political action committee, political
contributing entity, legislative campaign fund, or political party,
the individual, partnership, or other entity, the person making
disbursements to pay the direct costs of producing or airing
electioneering communications, or the treasurer of a transition fund
filed by electronic means of transmission the required statement
within a reasonable period of time after being unable to so file it
under the circumstance described in division (I)(2) of this section.
(J)(1)
The secretary of state shall adopt rules pursuant to Chapter 119. of
the Revised Code to permit a campaign committee of a candidate for
statewide office that makes expenditures of less than twenty-five
thousand dollars during the filing period or a campaign committee for
the office of member of the general assembly or the office of judge
of a court of appeals that would otherwise be required to file
campaign finance statements by electronic means of transmission under
division (E) of this section to file those statements by paper with
the office of the secretary of state. Those rules shall provide for
all of the following:
(a)
An eligible campaign committee that wishes to file a campaign finance
statement by paper instead of by electronic means of transmission
shall file the statement on paper with the office of the secretary of
state not sooner than twenty-four hours after the end of the filing
period set forth in section 3517.10 of the Revised Code that is
covered by the applicable statement.
(b)
The statement shall be accompanied by a fee, the amount of which the
secretary of state shall determine by rule. The amount of the fee
established under this division shall not exceed the data entry and
data verification costs the secretary of state will incur to convert
the information on the statement to an electronic format as required
under division (G) of this section.
(c)
The secretary of state shall arrange for the information in campaign
finance statements filed pursuant to division (J) of this section to
be made available online to the public through the internet in the
same manner, and at the same times, as information is made available
under divisions (E) and (G) of this section for candidates whose
campaign committees file those statements by electronic means of
transmission.
(d)
The candidate of an eligible campaign committee that intends to file
a campaign finance statement pursuant to division (J) of this section
shall file a notice indicating that the candidate's campaign
committee intends to so file and stating that filing the statement by
electronic means of transmission would constitute a hardship for the
candidate or for the eligible campaign committee.
(e)
An eligible campaign committee that files a campaign finance
statement on paper pursuant to division (J) of this section shall
review the contribution and information made available online by the
secretary of state with respect to that paper filing and shall notify
the secretary of state of any errors with respect to that filing that
appear in the data made available on that web site.
(f)
If an eligible campaign committee whose candidate has filed a notice
in accordance with rules adopted under division (J)(1)(d) of this
section subsequently fails to file that statement on paper by the
applicable deadline established in rules adopted under division
(J)(1)(a) of this section, penalties for the late filing of the
campaign finance statement shall apply to that campaign committee for
each day after that paper filing deadline, as if the campaign
committee had filed the statement after the applicable deadline set
forth in division (A) of section 3517.10 of the Revised Code.
(2)
The process for permitting campaign committees that would otherwise
be required to file campaign finance statements by electronic means
of transmission to file those statements on paper with the office of
the secretary of state that is required to be developed under
division (J)(1) of this section shall be in effect and available for
use by eligible campaign committees for all campaign finance
statements that are required to be filed on or after June 30, 2005.
Notwithstanding any provision of the Revised Code to the contrary, if
the process the secretary of state is required to develop under
division (L)(1) of this section is not in effect and available for
use on and after June 30, 2005, all penalties for the failure of
campaign committees to file campaign finance statements by electronic
means of transmission shall be suspended until such time as that
process is in effect and available for use.
(3)
Notwithstanding any provision of the Revised Code to the contrary,
any eligible campaign committee that files campaign finance
statements on paper with the office of the secretary of state
pursuant to division (J)(1) of this section shall be deemed to have
filed those campaign finance statements by electronic means of
transmission to the office of the secretary of state.
Sec.
3517.108.
(A)
As used in divisions (A) and (B) of this section:
(1)
"Candidate" has the same meaning as in section 3517.01 of
the Revised Code but includes only candidates for the offices of
governor, lieutenant governor, secretary of state, auditor of state,
treasurer of state, attorney general,
tax
commissioner,
member
of the general assembly, chief justice of the supreme court, and
justice of the supreme court.
(2)
A "general election period" begins on the day after the
primary election immediately preceding the general election at which
a candidate seeks an office specified in division (A)(1) of this
section and ends on the thirty-first day of December following that
general election.
(3)
A "primary election period" begins on the first day of
January of the year following the year in which the general election
was held for the office that the candidate seeks, including any
mid-term election, and ends on the day of the primary election.
(B)
Whenever the campaign committee of a candidate has unpaid debt at the
end of a primary election period or at the end of a general election
period, the committee may accept additional contributions during the
immediately following election period up to the applicable limitation
prescribed under section 3517.102 of the Revised Code from any
individual, political action committee, political contributing
entity, or other campaign committee who, during the primary or
general election period for which debt remains unpaid, has
contributed less than the contribution limitations prescribed under
section 3517.102 of the Revised Code applicable to that individual,
political action committee, political contributing entity, or other
campaign committee. Any additional contribution that a campaign
committee accepts under this division shall count toward the
applicable limitations prescribed under section 3517.102 of the
Revised Code for that primary or general election period at the end
of which the debt remains unpaid, and shall not count toward the
applicable limitations for any other primary or general election
period if all of the following conditions apply:
(1)
The campaign committee reports, on the statement required to be filed
under division (A)(2) of section 3517.10 of the Revised Code, all
debt remaining unpaid at the end of the election period. The
committee shall also file a separate statement, on a form prescribed
by the secretary of state, at the same time that the committee is
required to file a statement of contributions and expenditures under
section 3517.10 of the Revised Code. The separate statement shall
include the name and address of each contributor who makes an
additional contribution under division (B) of this section, how the
contribution was applied to pay the unpaid debt as required by
division (B)(3) of this section, and the balance of the unpaid debt
after each contribution was applied to it.
(2)
The additional contributions are accepted only during the primary or
general election period, whichever is applicable, immediately
following the election period covered in the statement filed under
division (B)(1) of this section.
(3)
All additional contributions made under division (B) of this section
are used by the campaign committee that receives them only to pay the
debt of the committee reported under division (B)(1) of this section.
(4)
The campaign committee maintains a separate account for all
additional contributions made under division (B) of this section and
uses moneys in that account only to pay the unpaid debt reported
under division (B)(1) of this section and to administer the account.
(5)
The campaign committee stops accepting additional contributions after
funds sufficient to repay the unpaid debt reported under division
(B)(1) of this section have been raised and promptly disposes of any
contributions received that exceed the amount of the unpaid debt by
returning the excess contributions to the contributors or by giving
the excess contributions to an organization that is exempt from
federal income taxation under subsection 501(a) and described in
subsection 501(c)(3), (4), (8), (10), or (19) of the Internal Revenue
Code.
Sec.
3517.109.
(A)
As used in this section:
(1)
"Candidate" has the same meaning as in section 3517.01 of
the Revised Code but includes only candidates for the offices of
governor, lieutenant governor, secretary of state, auditor of state,
treasurer of state, attorney general,
tax
commissioner,
and
member of the general assembly.
(2)
"Statewide candidate" means the joint candidates for the
offices of governor and lieutenant governor or a candidate for the
office of secretary of state, auditor of state, treasurer of state,
and attorney general.
(3)
"Senate candidate" means a candidate for the office of
state senator.
(4)
"House candidate" means a candidate for the office of state
representative.
(5)
"State office" means the offices of governor, lieutenant
governor, secretary of state, auditor of state, treasurer of state,
attorney general, and member of the general assembly.
(6)
"Aggregate contribution" means the total of all
contributions from a contributor during the pre-filing period.
(7)
"Allowable aggregate contribution" means all of the
following:
(a)
In the case of a contribution from a contributor whose contributions
are subject to the contribution limits described in division (B)(1),
(2), (3), (6)(a), or (7) of section 3517.102 of the Revised Code,
that portion of the amount of the contributor's aggregate
contribution that does not exceed the preprimary contribution limit
applicable to that contributor.
(b)
In the case of a contribution or contributions from a contributor
whose contributions are not subject to the contribution limits
described in divisions (B)(1), (2), (3), (6)(a), or (7) of section
3517.102 of the Revised Code, the total of the following:
(i)
That portion of the aggregate contribution that was received as
in-kind services;
(ii)
That portion of the aggregate contribution that was received as cash
and does not exceed the applicable preprimary cash transfer or
contribution limits described in division (B)(6)(b) of section
3517.102 of the Revised Code.
(8)
"Excess aggregate contribution" means, for each
contributor, the amount by which that contributor's aggregate
contribution exceeds that contributor's allowable aggregate
contribution.
(9)
"Pre-filing period" means the period of time ending on the
day that the candidacy petitions are due for the state office for
which the candidate has filed and beginning on the latest date of the
following:
(a)
The first day of January of the year following the general election
in which that state office was last on the ballot;
(b)
The first day of January of the year following the general election
in which the candidate was last a candidate for any office;
(c)
The first day of the month following the primary election in which
the candidate was last a candidate for any office.
(10)
"Filing date" means the last date on which a candidacy
petition may be filed for an office.
(11)
"Applicable carry-in limit" means thirty-five thousand
dollars if the candidate is a house candidate, one hundred thousand
dollars if the candidate is a senate candidate, and two hundred
thousand dollars if the candidate is a statewide candidate.
(12)
"Campaign asset" means prepaid, purchased, or donated
assets available to the candidate on the date of the filing deadline
for the office the candidate is seeking that will be consumed or
depleted in the course of the candidate's election campaign,
including, but not limited to, postage, prepaid rent for campaign
headquarters, prepaid radio, television, and newspaper advertising,
and other prepaid consulting and personal services.
(13)
"Permitted funds" means the sum of the following:
(a)
The total of the allowable aggregate contribution of each
contributor;
(b)
The applicable carry-in limit.
(14)
"Excess funds" means the amount by which the sum of the
total cash on hand and total reported campaign assets exceeds
permitted funds.
(15)
"Covered candidate" means both of the following:
(a)
A candidate who, during the pre-filing period, accepts or has a
campaign committee that accepts contributions on the candidate's
behalf for the purpose of nominating or electing the candidate to any
office not subject to the contribution limits prescribed in section
3517.102 of the Revised Code;
(b)
A person who, during the pre-filing period, accepts or has a campaign
committee that accepts contributions on the person's behalf prior to
the person deciding upon or announcing the office for which the
person will become a candidate for nomination or election.
(B)
Each candidate who files for state office, not later than the filing
date for that office, shall dispose of any excess funds. Each covered
candidate who files for state office, not later than the filing date
for that office, shall dispose of any excess aggregate contributions.
(C)
Any campaign committee that is required to dispose of excess funds or
excess aggregate contributions under division (B) of this section
shall dispose of that excess amount or amounts by doing any of the
following:
(1)
Giving the amount to the treasurer of state for deposit into the
state treasury to the credit of the Ohio election integrity
commission fund created under section 111.29 of the Revised Code;
(2)
Giving the amount to individuals who made contributions to that
campaign committee as a refund of all or part of their contributions;
(3)
Giving the amount to a corporation that is exempt from federal income
taxation under subsection 501(a) and described in subsection 501(c)
of the Internal Revenue Code.
(D)(1)
Subject to division (D)(2) of this section, no candidate or covered
candidate shall appear on the ballot, even if certified to appear on
the ballot, unless the candidate's or covered candidate's campaign
committee has disposed of excess funds, excess aggregate
contributions, or both as required by divisions (B) and (C) of this
section.
(2)
If the excess aggregate contributions accepted by a covered candidate
or a covered candidate's campaign committee aggregate a total of less
than five thousand dollars from all contributors, that candidate
shall not be prohibited from appearing on the ballot under division
(D)(1) of this section.
(E)(1)
The campaign committee of each candidate required to dispose of
excess funds under this section shall file a report, on a form
prescribed by the secretary of state, with the official or board with
which the candidate is required to file statements under section
3517.11 of the Revised Code. The report shall be filed by the seventh
day following the filing deadline for the office the candidate is
seeking, shall indicate the amount of excess funds disposed of, and
shall describe the manner in which the campaign committee disposed of
the excess amount.
(2)
In addition to the information required to be included in a report
filed under division (E)(1) of this section, the campaign committee
of each covered candidate required to dispose of excess aggregate
contributions under this section shall include in that report the
source and amount of each excess aggregate contribution disposed of
and shall describe the manner in which the campaign committee
disposed of the excess amount.
(F)(1)
Each campaign committee of a candidate who has filed a declaration of
candidacy or a nominating petition for a state office, not later than
seven days after the filing date for the office the candidate is
seeking, shall file a declaration of filing-day finances, on a form
prescribed by the secretary of state, with the official or board with
which the candidate is required to file statements under section
3517.11 of the Revised Code.
(2)
A declaration of filing-day finances shall list all of the following:
(a)
The amount of cash on hand in the candidate's campaign fund on the
filing date for the office the candidate is seeking.
(b)
The value and description of all campaign assets worth five hundred
dollars or more available to the candidate on the filing date. Assets
purchased by the campaign shall be valued at actual cost, and in-kind
contributions shall be valued at market value.
(c)
The total of all aggregate contributions;
(d)
The total of all allowable aggregate contributions;
(e)
The applicable carry-in limit, if any.
(3)
In addition to the information required to be included in a report of
filing-day finances filed under division (F)(1) of this section, the
campaign committee of each covered candidate shall include both of
the following in that report:
(a)
The total of all excess aggregate contributions;
(b)
For each contributor, if any, for whom there is an excess aggregate
contribution, the name, address, aggregate contribution, and excess
aggregate contribution.
(G)
A campaign committee of a candidate is not required to file a
declaration of filing-day finances under division (F) of this section
if all of the following apply:
(1)
The campaign committee has not accepted, during the pre-filing
period, any aggregate contribution greater than the applicable
amount.
(2)
The campaign committee had less than the carry-in amount in cash on
hand at the beginning of the pre-filing period.
(3)
The candidate files a declaration, on a form prescribed by the
secretary of state, with the official or board with which the
candidate is required to file statements under section 3517.11 of the
Revised Code not later than seven days after the filing date for the
office that candidate is seeking, stating that the candidate's
campaign committee has not accepted aggregate contributions as
described in division (G)(1) of this section and has less than the
carry-in amount in cash on hand as described in division (G)(2) of
this section.
Sec.
4503.033.
(A)
Annually, on or before the thirty-first day of January, every deputy
registrar shall file with the registrar of motor vehicles on a form
prescribed by the registrar, a statement disclosing all of the
following:
(1)
The name of the person filing the statement, and, if applicable, of
his
the
person's
spouse
and of members of
his
the
person's
immediate
family;
(2)
Any contribution made within the previous calendar year by the person
and, if applicable, by
his
the
person's
spouse
and by members of
his
the
person's
immediate
family to each of the following:
(a)
Any political party;
(b)
Any candidate for the office of governor, attorney general, secretary
of state, treasurer of state, auditor of state,
tax
commissioner,
member
of the senate or house of representatives of the general assembly, or
to the campaign committee of any such candidate.
(3)
The month, day, and year in which the contribution was made;
(4)
The full name and address of each person, political party, or
campaign committee to which a contribution was made;
(5)
The value in dollars and cents of the contribution.
(B)
No person shall knowingly fail to file, on or before the filing
deadline under this section, a statement that is required by division
(A) of this section.
(C)
No person shall knowingly make a false statement in a statement that
is required to be filed under division (A) of this section.
(D)
On and after March 2, 1994, the statement required by division (A) of
this section shall be accompanied by a filing fee of twenty-five
dollars. If the statement required by division (A) of this section is
not filed by the date on which it is required to be filed, the
registrar of motor vehicles shall assess a late filing fee as
prescribed in division (F) of section 102.02 of the Revised Code. The
registrar shall deposit all fees he receives under this division into
the general revenue fund of the state.
(E)
Not later than the date a deputy registrar is required to file a
statement under division (A) of this section, the deputy registrar
shall file a copy of the statement with the office of the secretary
of state. The secretary of state shall keep the copies of all
statements filed with
his
the
office
of
the secretary of state
under this division only for the purpose of making them available for
public inspection.
(F)
Whoever violates division (B) of this section shall be fined one
thousand dollars. Whoever violates division (C) of this section shall
be fined ten thousand dollars.
Sec.
5703.01.
(A)
There
is hereby created the department of taxation which shall be composed
of the tax commissioner and
his
the
tax commissioner's
employees, agents, and representatives. Such commissioner shall
perform such functions, exercise such powers, and discharge such
duties as are assigned to
him
the
commissioner
by law.
(B)
The tax commissioner shall be elected beginning in the general
election of 2030, and quadrennially thereafter. The term of office of
the tax commissioner shall commence on the second Monday of January
next after the tax commissioner's election.
Section
2.
That
existing sections 9.97, 101.70, 107.43, 113.40, 117.15, 121.03,
141.01, 141.011, 3505.03, 3505.33, 3505.35, 3513.052, 3513.10,
3517.092, 3517.10, 3517.102, 3517.103, 3517.104, 3517.106, 3517.108,
3517.109, 4503.033, and 5703.01 of the Revised Code are hereby
repealed.
Section
3.
Any
Tax Commissioner serving before the effective date of this section
may complete the Commissioner's appointed term. The Governor shall,
with the advice and consent of the Senate, appoint a Tax Commissioner
to serve as necessary until a successor takes office following the
general election in 2030.