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2010 Ohio Campaign Finance Handbook

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2010 Ohio Campaign Finance Handbook Ohio Campaign Finance Handbook 2010 JENNIFER BRUNNER OHIO SECRETARY OF STATE SOS 0558 (09/2010) This page intentionally left blank. Dear Ohioans: Each year the Campaign Finance Section within the Ohio Secretary of State’s office receives between 4,000 and 6,000 campaign finance reports which they examine for compliance with Ohio law. This book, Ohio Campaign Finance Handbook, was developed to assist you in meeting your campaign finance obligations by outlining current laws, rules and forms. If you need further assistance, you may contact your local county board of elections. The secretary of state’s campaign finance staff can also be of assistance by calling (614) 466-3111 or by e-mail at [email protected]. Sincerely, Jennifer Brunner Ohio Secretary of State This page intentionally left blank. Table of Contents CHAPTERS DEFINITIONS ..................................................................................................................1-1 CANDIDATES ..................................................................................................................2-1 ADDITIONAL REQUIREMENTS FOR STATEWIDE AND GENERAL ASSEMBLY CANDIDATES ................................................................................3-1 LEGISLATIVE CAMPAIGN FUNDS ...................................................................................4-1 POLITICAL PARTY ACCOUNTS.......................................................................................5-1 POLITICAL ACTION COMMITTEES .................................................................................6-1 POLITICAL CONTRIBUTING ENTITIES ...........................................................................7-1 BALLOT ISSUE COMMITTEES .........................................................................................8-1 BUSINESSES AND LABOR ORGANIZATIONS ................................................................9-1 ELECTIONEERING COMMUNICATION ........................................................................10-1 ELECTRONIC FILING OF CAMPAIGN FINANCE REPORTS ...........................................11-1 DISCLAIMERS ...............................................................................................................12-1 DUTIES OF THE SECRETARY OF STATE AND COUNTY BOARDS OF ELECTIONS .......13-1 OHIO ELECTIONS COMMISSION ................................................................................14-1 OTHER RESOURCES .....................................................................................................15-1 TRANSITION FUNDS ....................................................................................................16-1 FREQUENtly ASKED QUESTIONS ...............................................................................17-1 APPENDICES FORMS AND INSTRUCTIONS ....................................................................................... A-1 OHIO REVISED CODE CAMPAIGN FINANCE LAWS ..................................................... B-1 CAMPAIGN FINANCE ADMINISTRATIVE RULES ........................................................... C-1 This page intentionally left blank. Ohio Campaign Finance Handbook Chapter 1: Definitions This page intentionally left blank. Chapter 1: Definitions DEFINITIONS It is important to begin this publication with a review of the definitions for some of the most significant terms that will be used throughout each chapter. Though not exhaustive of all campaign finance-related terms, this chapter will highlight those which are most frequently used within this publication and in most practical and operational applications. Abbreviations used throughout book: FEC Federal Election Commission FSL Federal, State and Local LCF Legislative Campaign Fund OAC Ohio Administrative Code OAG Ohio Attorney General OEC Ohio Elections Commission PAC Political Action Committee PCE Political Contributing Entity R.C. Revised Code Auditing Authority The secretary of state or the county board of elections, as appropriate. The local county board of elections normally audits campaign committees of candidates for local office, A CANDIDATE’S CAMPAIGN local political action committees, local political COMMITTEE MAY BE IN contributing entities and those accounts of a local CONTINUOUS OPERATION FOR political party which are not filed electronically. MANY YEARS. DURING THIS TIME Campaign committees of candidates for statewide IF THE CANDIDATE RUNS FOR and general assembly offices, statewide political SEVERAL DIFFERENT OFFICES, action committees, statewide political contributing SOME CAMPAIGN FINANCE entities, statewide political parties and legislative REPORTS MAY BE ON FILE WITH campaign funds are audited by the secretary of THE LOCAL BOARD OF ELECTIONS state’s office. However, the secretary of state has WHILE OTHERS ARE AVAILABLE the authority to investigate any campaign finance- ONLINE AT THE SECRETARY OF related issue, whether it is at the local or state level. STATE’S OFFICE. A CANDIDATE MAY HAVE ONLY ONE CAMPAIGN Complaints of alleged violations of campaign COMMITTEE IN OPERATION AT A finance law are filed with the OEC which has TIME FOR ALL STATE AND LOCAL original jurisdiction to hear complaints, find OFFICES SOUGHT. violations, and impose penalties – see Chapter 14, Ohio Elections Commission. Ballot Issue Political Action Committee The circulator or committee in charge of an initiative or referendum petition for a statewide ballot issue that is established to receive contributions or make expenditures. [R.C. 3517.12 (A) & (C); OAC 111-4-11] Ohio Secretary of State’s Office 1-3 Ohio Campaign Finance Handbook Campaign Committee A candidate or a combination of two or more persons authorized by a candidate to receive contributions and make expenditures. A campaign committee is the entity through which funds are raised, spent and disclosed when candidates run for office. [R.C. 3517.01 (B)] Candidate A person who has been certified to appear on a ballot or a person who has received contributions or made expenditures or has appointed a campaign treasurer. The combination of two people running for governor and lieutenant governor is considered a single candidacy. Persons who are write-in candidates are also considered candidates. People running for county or state party central committee, presidential electors, national convention delegates and charter commission members are not candidates and are not subject to campaign finance reporting. [R.C. 3501.01(H), 3517.01(B)(3); 64 OAG 1512] Contribution IN ADDITION TO MONEY A loan, gift, deposit, forgiveness of indebtedness, RECEIVED VIA CASH, CHECK, donation, advance, payment, transfer of funds or transfer ETC., A CONTRIBUTION ALSO of anything of value including a transfer of funds from an INCLUDES NON-MONETARY inter vivos or testamentary trust or a decedent’s estate THINGS OF VALUE SUCH that occurs for the purpose of influencing the results of AS FOOD & BEVERAGES an election. PROVIDED AT A FUNDRAISER OR POSTAGE GIVEN TO A contribution does not include unreimbursed personal COMPLETE A CAMPAIGN expenses of volunteers, ordinary home hospitality, or MAILING. personal expenses paid for by a candidate from the candidate’s personal funds. A contribution is received THESE NON-MONETARY when any candidate or any agent of a committee or TRANSACTIONS ARE “IN- other entity gains possession of it. KIND” CONTRIBUTIONS [R.C. 3517.01(B)(5), 3517.08] AND ARE REQUIRED TO BE DISCLOSED IN CAMPAIGN Individuals under the age of seven years are prohibited FINANCE REPORTS. SEE ALSO from making any contribution. “IN-KIND CONTRIBUTION” LATER IN THIS CHAPTER. [R.C. 3517.102 (B)(1)(c)] 1-4 Ohio Secretary of State’s Office Chapter 1: Definitions Debt Goods or services that have been received by or on behalf of the committee for which full payment or reimbursement has not yet been made. Disclaimer The portion of a political message that identifies the name and address of the person or entity that paid for SOME CAMPAIGN-RELATED the item on which the disclaimer appears. ITEMS DO NOT REQUIRE A DISCLAIMER. BECAUSE A disclaimer must appear on almost everything that OF THEIR SIZE, SHAPE OR is created in an attempt to influence an election, MATERIAL, SOME ITEMS including electronic messages. However, individuals HAVE BEEN AUTOMATICALLY acting alone to disseminate material and certain EXEMPTED FROM THE political action committees limited in size and amount DISCLAIMER REQUIREMENT. of expenditure activity are not required to include a EXAMPLES INCLUDE: PENCILS, disclaimer. Candidates are not considered individuals MUGS, HATS, AND GOLF BALLS. for purposes of the disclaimer requirement. Personal FOR A COMPLETE LISTING, correspondence that is not reproduced for distribution PLEASE SEE OAC 111-5-19. does not need a disclaimer. Political parties do not need to include addresses as part of their disclaimers. [R.C. 3517.105, 3517.20; OAC 111-5-19; OEC Adv. 96ELC-10] Earmarked Contribution A contribution received by a person, candidate or reporting entity from another person or entity with the understanding that the contribution is to be passed on to another candidate or reporting entity. If this occurs, and the intermediate recipient is not a reporting entity, the intermediate recipient must inform the ultimate recipient of the original source of the contribution. If the intermediate recipient is a reporting entity, the intermediate recipient must not only inform the ultimate recipient of the original source of the contribution, but must also reflect in his or her own report from whom the contribution
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