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]

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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)]

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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 was originally received and for whose benefit the contribution was given. The ultimate recipient must report the original source of the contribution as well as the intermediate recipient’s role in receiving and passing on the contribution. Earmarked contributions are subject to all applicable contribution limits. [R.C. 3517.13(G)]

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Electioneering Communication

Any broadcast, cable or satellite communication that refers to a clearly identified candidate and that is made within 30 days of an election.

Any person intending to make a disbursement for the direct costs of producing or airing electioneering communications must file a notification of that intent with the secretary of state prior to making the disbursement. [R.C. 3517.1011(C); OAC 111-4-10]

Electioneering communication does not include Web-based communication, print media, or printed materials.

Expenditure

The disbursement or use of a contribution for the purpose of influencing the results of an election or for making a charitable donation. [R.C. 3517.01(B)(6), 3517.08 (G)]

Foreign Nationals

Foreign governments, foreign corporations, foreign partnerships, individuals with foreign citizenship and immigrants without a green card.

Foreign nationals are prohibited by law from making political contributions to influence any candidate election. Candidates, campaign committees and all other political entities are prohibited from soliciting or accepting anything – including a monetary contribution, in-kind contribution, or independent expenditure – from a foreign national. Immigrants with a green card may make political contributions. [2 U.S.C. 441e; R.C. 3517.13 (W)]

Gift

A “gift” is the terminology given to the source of funding for the Restricted Fund of a state or county political party and the Levin fund of a state political party. Since these accounts cannot be used to support or oppose any particular candidate, the term “contribution” is not an appropriate description for the income on these accounts.

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In-Kind Contribution

Anything of value, other than money, that is used to influence the results of an election.

Examples include postage, signs, receiving office space without paying rent, the assistance of personnel compensated by a third party or the purchase of media advertising by a third party on behalf of a committee. To qualify as an in-kind contribution, the item or service must have been made with the consent of, in coordination, cooperation or consultation with, or at the request or suggestion of, the benefited candidate, committee, fund, party or entity. In-kind contributions received are considered a form of a contribution, and, therefore, subject to all laws or rules regarding contributions. [R.C. 3517.01(B)(16)]

Independent Expenditure

An expenditure made to advocate the election or defeat of a candidate or a ballot issue without the consent of, and not in coordination, cooperation or consultation with, or at the request or suggestion of, the candidate, campaign committee, or ballot issue. [R.C. 3517.01(B)(17); 3517.105 (C); OAC 111-3-02]

Any expenditure by a political party for the purpose of financing communications advocating the election or defeat of a candidate for judicial office shall be deemed to be an independent expenditure. As such, the benefiting judicial candidate campaign committee has no requirement to disclose the communications cost. [R.C. 3517.105 (D)]

Legislative Campaign Fund

A fund that is established as an auxiliary of a state political party and that is associated with one of the caucuses of the General Assembly. [R.C. 3517.01(B)(15)]

Loan

Money received and deposited into a committee’s bank account for which repayment is expected.

A loan is a contribution made by a guarantor to the extent that it remains unpaid. For campaign finance reporting purposes, a loan is considered a contribution and is therefore subject to contribution limits. A loan made by a bank or other lending institution is not considered a contribution. [OAC 111-1-03, OEC Adv. 98ELC-03]

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Multi-beneficiary Campaign Committee

A single campaign committee formed to represent multiple candidates.

When a board or commission or other similar body of elected officials has multiple open positions at the same election, two or more candidates may join together and form a multi-beneficiary campaign committee to act as their sole campaign committee. [R.C. 3517.081 (B)]

Ohio Elections Commission OHIO ELECTIONS A body empowered to hear alleged violations of campaign COMMISSION finance law contained in R.C. 3517.08 - 3517.13, 3517.17, 3517.18, 3517.20 - 3517.22, 3599.03 and 3599.031 and 21 W. BROAD ST. STE. 600 to give advisory opinions concerning campaign finance law. COLUMBUS, OH 43215 Comprised of seven members, the commission has three (614) 466-3205 Democrats, three Republicans and one member unaffiliated WWW.ELC.OHIO.GOV with a political party. [R.C. 3517.152, 3517.153]

Although a board of elections, the secretary of state’s office, or an individual may file a campaign finance related complaint, only the OEC may find a violation of campaign finance law and impose a penalty. Please see Chapter 14, Ohio Elections Commission for more information.

Political Action Committee (PAC)

A combination of two or more persons, the primary or major purpose of which is to support or oppose any candidate, political party, or issue, or to influence the result of any election through express advocacy.

A PAC does not include candidate committees, legislative campaign funds, political parties, political contributing entities or political clubs.

To determine whether a purpose is a primary or major purpose, the following should be considered:

»» Whether the combination of two or more persons receives money or any other thing of value in a common account for the specific purpose of supporting or opposing any candidate, political party, legislative campaign fund, political action committee, political contributing entity or ballot issue. »» Whether the combination of two or more persons has or will make a continuing pattern of expenditures from a common account to support or oppose any candidate, political party, legislative campaign fund, political action committee, political contributing entity or ballot issue.

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»» Whether the combination of two or more persons constitutes an entity that was not in existence prior to supporting or opposing any candidate, political party, legislative campaign fund, political action committee, political contributing entity or ballot issue. »» Whether the total dollar value of the combination of two or more persons’ activity described in the above paragraphs during a calendar year exceeds $100. [R.C. 3517.01(B)(8); OAC 111-1-02(K)(1)]

A “combination of two or more persons” does not include persons making separate individual contributions to the same campaign committee, political party or other entity. [OAC 111-1-02 (K)(2)]

Political Club

An organization excluded from the definition of a “political action committee” and having the following attributes:

»» Formed primarily for social purposes.

»» Consists of 100 members or less.

»» Has officers and periodic meetings.

»» Maintains less than $2,500 in its treasury at all times.

»» Makes no more than $1,000 in total contributions, to influence the outcome of an election, per calendar year.

Notwithstanding its name, a “political club” is not necessarily required to have any affiliation with any political party. [R.C. 3517.01(B)(8)(b); OAC 111-1-02 (L)]

Political Contributing Entity

Any entity, including a corporation or labor organization, that may lawfully make contributions and expenditures to influence the outcome of an election.

Currently, only labor organizations may make contributions and expenditures in accordance with the decision in UAW et al. v. Philomena, et al. (1998) 121 Ohio App. 3d 760 (10th District). Corporations may not currently be PCEs. [R.C. 3517.01 (B)(25)]

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Political Party

A major political party is any group of voters that garners and maintains at least 5% of the total vote in a gubernatorial or presidential election. Both the Democratic party and the Republican party are major political parties in the state of Ohio. In addition to having a statewide party apparatus, each major political party has separate, local organizations in each of Ohio’s 88 counties. [R.C. 3517.01 (A)]

Treasurer

An individual appointed by a candidate, political action committee, political contributing entity, political party or legislative campaign fund to receive, deposit and disclose contributions, make and disclose expenditures and file periodic reports of campaign finance activity.

A treasurer is required to keep a strict account of all contributions received and expenditures made. Any reasonable accounting procedure may be employed by the treasurer to ensure a full, complete and accurate account of all financial and disclosure information. The treasurer must preserve all records and accounts for six years after each periodic report has been filed. [R.C. 3517.01 (B)(2), 3517.081, 3517.10 (D); OAC 111-5-14]

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CANDIDATES

What to Do First

Before receiving any contribution or making any expenditure, a potential candidate must file a Designation The need to file of Treasurer (Form 30-D). This is considered a “registration” form and includes basic information such as the candidate’s a Designation of name and address, the campaign committee’s name, the Treasurer and create office sought and the name of the treasurer and any deputy a campaign committee treasurers. The candidate must either designate himself may occur well or another person as the campaign committee treasurer. before the candidate The candidate must, and the treasurer should, sign the begins circulating Designation of Treasurer form. Candidates are responsible to update/amend this information as necessary (e.g., change petitions. in treasurer or change of committee name or change of address). [R.C. 3517.081, 3517.10(D)]

Candidates who only spend their own personal funds still must file a Designation of Treasurer form prior to making out-of-pocket expenditures related in any way to their campaign. However, the use of personal funds to pay the filing fee to run for office does not require the filing of a Designation of Treasurer form. Please see the Filing Fee Only Candidate section in this chapter for more information. [OAC 111-5-01]

Bank Account

A campaign committee must establish a bank account that is separate from a personal or business account of the candidate, or of a member of the candidate’s campaign committee. All monetary campaign contributions received must be deposited into this account. All contributions received and deposited, and all expenses paid from this account must be disclosed. [R.C. 3517.10]

Campaign contributions may not be placed in a candidate’s personal or business account.

A federal identification number may be required by the committee’s chosen financial institution. This number is issued by the Internal Revenue Service upon request.

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Where to File Reports

The office for which the candidate is running determines where campaign finance reports are filed. Candidates running for governor/lieutenant governor, attorney general, secretary of state, treasurer of state, auditor of state, supreme court justice or state board of education member must file their campaign committee reports with the secretary of state’s office. [R.C.3517.11, 3513.259]

Similarly, campaign committees for candidates for member of the general assembly or candidates for the courts of appeals are subject to electronic filing with the secretary of state. Electronically filed reports are not additionally required to be produced and/or filed in paper form. See Chapter 11, Electronic Filing, for more information.

All other candidates file their reports with the county board of elections in the county in which they are running for office. State law neither requires nor permits a local candidate’s campaign committee which submits campaign finance reports at the local county board of elections to file electronically. [R.C. 3517.11(A)].

A committee that must change its place of filing does so by first filing an amended Designation of Treasurer form. The original copy of the amended Designation of Treasurer form should be filed with the new place of filing. A photocopy should be sent to the prior place of filing, with a notation or letter clearly indicating that the form is intended as a termination for purposes of filing at that location.

Federal political committees, which include a campaign committee’s name of a candidate for federal office, file reports with the Federal Election Commission. However, when a federal political committee makes a disbursement to an Ohio non-federal candidate’s campaign committee, the federal candidate committee must disclose this information to the secretary of state’s office. [R.C. 3517.107]

When to File Reports

Campaign committee reports are due based on when the candidate’s name appears on the ballot.

For example, if the name of the candidate does not appear on a ballot, no pre- or post-election report is required.

[R.C. 3517.10(A)]

All reports must be physically received at the secretary of state or county board of elections office to meet the filing deadline requirement. A report postmarked but not received by the deadline is a late filing and must be referred to the Ohio Elections Commission.

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A pre-election report is due by 4:00 p.m. on the 12th day before an election (primary, general or special) if $1,000 or A campaign more was spent or received between the time the last report committee may choose was filed and the 20th day before the election, if the candidate to file a pre-election appears on the ballot at that election. The $1,000 threshold report even if total includes monetary and in-kind contributions along with the value of any new loans received during the reporting period. contributions and expenditures are [R.C. 3517.10(A)(1)] below the $1,000 Examples: threshold. The campaign committee of a candidate who will appear on the ballot has raised $800 in contributions and has made $300 in expenditures during the pre-election filing period. This committee is not required to file a pre-election report.

The campaign committee of a candidate who will appear on the ballot has raised $1,200 in contributions and has made $300 in expenditures during the pre-election filing period. This committee must file a pre-election report.

A post-election report is due by 4:00 p.m. on the 38th day after the election if the candidate appeared on the ballot. A post-general report covers all activity not previously reported through the 31st day after the election. Any campaign committee whose candidate appeared on the ballot must file a post-election report. [R.C. 3517.10(A)]

A semiannual report is due by 4:00 p.m. on the last business day of July showing all activity since the last report through June 30 and should reflect only the activity that has occurred since the previous report was filed. The campaign committee of any statewide or county candidate must file the semiannual report in a year when the candidate does not appear on an election ballot.

Exceptions and exclusions:

»» A semiannual report is not required if the campaign committee was required to file a post- primary election report in that year (because the candidate’s name appeared on the ballot).

»» Campaign committees of candidates for judicial office are not required to file a semiannual report in any year.

»» The campaign committee of a candidate for any non-statewide, non-county or non-judicial office (e. g. mayor, city council, township trustee, etc.) is not required to file a semiannual report unless that campaign committee both:

»» Receives, during the semiannual reporting period, contributions exceeding ten thousand dollars. »» Did not file a post-primary election report. [R.C. 3517.10(A)(4); OAC 111-5-04]

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An annual report is due by 4:00 p.m. on the last business day of January showing all activity since the last report through December 31 and should reflect only the activity that has occurred since the previous report was filed. An annual report must be filed by a campaign committee that was not required to file a post-general election report. [R.C. 3517.10(A)(3); OAC 111-5-04]

A campaign finance report can be filed even if one is not required to be submitted. This option allows a filing entity the flexibility of disclosing more frequently and, possibly, avoiding a late filing or completely failing to file a required report.

Local Candidate Waiver of Reporting Requirements

A candidate’s campaign committee may be exempt from the requirement to file campaign finance reports during an election year (except for the Designation of Treasurer form) if the candidate is running for:

1. An elected municipal office that pays an annual amount of compensation of $5,000 or less.

2. A board of education office , except for state board of education office.

3. An educational service center office, except for state board of education office.

4. A township trustee or township fiscal officer office.

In order to qualify for the Local Candidate Waiver form, the campaign committee of a candidate seeking election to the office listed above must file a certificate within 10 days after filing a candidacy petition. This certificate is prescribed as form No. 31-BB, Local Candidate Waiver, which requires the treasurer to agree that the campaign committee will not accept more than $2,000 of aggregate contributions during an election period and no more than $100 from any one individual and that the committee will not make expenditures that total more than $2,000. If the campaign committee exceeds any of those limitations, the certificate is void and the campaign committee is thereafter responsible for filing all required reports including all activity occurring since the candidacy petition was filed. The $100 per individual contribution restriction does not apply to contributions made from the personal funds of the candidate. [OAC 111-1-09]

The Local Candidate Waiver form covers activity occurring through the post-general reporting period of the year in which the waiver is filed. After that election year, the campaign committee must either terminate or begin filing campaign finance reports as prescribed by section 3517.10 of the Revised Code. [R.C. 3517.10(K); OAC 111-1-09]

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A campaign committee that qualifies for and operates under the conditions of the waiver is exempted from filing reports, but is not exempted from keeping a strict and accurate accounting of all campaign finance activity and preserving that information for six years, should there arise any need to examine disclosed information. [R.C. 3517.10 (D)(2); OAC 111-5-14]

If a candidate has not filed a Designation of Treasurer form to establish a campaign committee, then there is no need to file a Local Candidate Waiver form. By not filing a Designation of Treasurer form a candidate indicates he/she will not receive or expend any funds – even their own – to influence the outcome of their election.

Short Form Report

If a candidate has no activity before January 1 of the year in which he or she appears on the ballot, and spends $500 or less and receives $500 or less in the year he or she appears on the ballot, then only the cover page of a campaign finance report is required to be filed. If all of these criteria are met, the candidate may file a Short Form Report composed of only an Ohio Campaign Finance Report Cover Page (form 30-A) at either the post-primary or post-general filing deadline.

If the candidate lost the primary, then the committee must also terminate to qualify to file only a Short Form Report comprised of only an Ohio Campaign Finance Report Cover Page for his/her post-primary report. If a Short Form Report is filed for the post-general, then the committee must simultaneously terminate.

Whenever a Short Form Report is filed, the portion of the form that contains lines to indicate total amounts should be completed.

If the candidate does not qualify for the Short Form Report, then a full campaign finance report must instead be filed. [R.C. 3517.10(H)]

State and County Central Committee

For the purpose of compliance with Ohio’s campaign finance disclosure law, “candidate” does not apply to candidates for election to the offices of member of a county or state central committee, presidential elector, and delegate to a national convention or conference of a political party. [R.C. 3517.01 (B)(3)]

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Report Forms

All reporting forms, along with instructions for their use, are available at the secretary of state’s Web site: www.sos.state.oh.us

Filers may choose to download the forms and use them for creating reports eligible for filing in paper form. Filers may choose to create their own forms for use in paper filing, with the approval of the secretary of state’s office, as long as they are substantially similar to the forms prescribed by the secretary of state’s office. [OAC 111-5-11]

Filers seeking the approval of alternative paper forms may direct their request, along with a sample of each of the alternative forms to:

OHIO SECRETARY OF STATE CAMPAIGN FINANCE DIVISION 180 E. BROAD ST., 15TH FLOOR COLUMBUS, OH 43215

GENERAL RULES

Treasurer Duties and Liability

Generally, the candidate, treasurer, and any appointed deputy treasurer are legally responsible for campaign finance reporting requirements. The treasurer is appointed by the candidate and is responsible for keeping detailed records of everything received, given or expended. A treasurer may appoint one or more deputy treasurers to assist in the accounting, record-keeping and disclosure responsibilities. Each report must contain a statement that the report is complete and accurate, subject to the penalty for election falsification. Whoever commits election falsification is guilty of a fifth degree felony. The cover page of every report filed must be signed by the treasurer or a deputy treasurer. The candidate’s signature is not sufficient unless he or she is the treasurer or deputy treasurer. A treasurer or the candidate, if no treasurer is appointed, must retain accurate records of all activity for six years. [R.C. 3517.081, 3517.10(A) and (D), 3517.13(O)-(R), 3517.992(A), 3599.36; OAC 111-5-12, 111-5-14]

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Federal Candidates If a federal candidate’s Federal law governs campaign finance in federal political committee wants elections. However, to the extent Ohio campaign to make contributions practices are not preempted by federal law, Ohio law may apply to federal candidates. Such determination to Ohio non-federal must be made on a case-by-case basis. Questions candidates, it must first regarding federal law may be answered by the Federal become authorized in Election Commission. Ohio by filing, with the [R.C. 3513.261, 3517.107] secretary of state, a copy of the most recent Filing Fee Only Candidate federal Statement of Organization. The payment of a filing fee by the candidate from the candidate’s own funds is not considered either a contribution or an expenditure that would require the filing of a Designation of Treasurer form. Therefore, a candidate who receives no contributions and makes no expenditures, except for the filing fee paid from his own personal funds, is not required to file the Designation of Treasurer form and create a campaign committee. A candidate who is not required to file a Designation of Treasurer form – because no contributions will be received or expenditures made – is not subject to the reporting requirements. However, if the candidate has filed a Designation of Treasurer, payment of a filing fee is an ordinary and legitimate campaign expenditure and may be paid by campaign committee funds and reported as a normal expenditure. [R.C. 3517.10; OAC 111-5-01]

Judicial Candidates/Canon 4 of the Code of Judicial Conduct

Judicial candidates are subject to Ohio campaign finance law. However, the Ohio Supreme Court has also issued special rules for judicial candidates under Canon 4 of the Code of Judicial Conduct, including special contribution limits and expenditure limits. For more information on judicial candidate requirements, please visit the Ohio Supreme Court’s Web site: www.supremecourt.ohio.gov/Judiciary/candidates

Multi-beneficiary Campaign Committee

This statutory provision provides express permission for the creation and operation of a single campaign committee to represent multiple candidates. All of the following criteria must be met when creating a multi-beneficiary committee:

1. Each candidate seeks the same office at the same election and the office is a member of a board or commission or other similar body of elected officials with multiple members (example: two candidates running for four open school board seats).

2. The number of candidates in the multi-beneficiary committee does not exceed the number of open positions.

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3. The candidates jointly designate one of the candidates or one member of the campaign committee as the treasurer of that campaign committee and file a combined Designation of Treasurer form.

The following, additional conditions are placed on a multi-beneficiary campaign committee:

1. The candidates jointly file all reports.

2. The multi-beneficiary committee must terminate if:

a. The candidates disagree on the appointment or removal of the treasurer. b. Any of the candidates withdraw or otherwise end their candidacy. c. Any of the candidates leave to create their own campaign committee.

Prior to the termination, the multi-beneficiary campaign committee must dispose of its balance on hand by doing any of the following:

1. Giving the amount to the Ohio Elections Commission fund.

2. Giving the amount to individuals who made contributions as a refund of all or part of their contribution.

3. Giving the amount to a tax-exempt organization.

No monies in a multi-beneficiary campaign committee may be contributed or transferred into any candidate’s individual campaign committee. [R.C. 3517.081]

When considering a name for the campaign committee, Naming a Campaign Committee it may be prudent to make it general in nature rather A campaign committee must include at least the last than office-specific. For name of the candidate. If a campaign committee is established as a multi-beneficiary campaign example: Friends of John committee, the last name of each benefiting Doe rather than Doe for candidate must be included in the name of the Council. If candidate Doe campaign committee. runs for a different office, [R.C. 3517.10(D); OAC 111-1-04] all of the committee bank account information and assets with a disclaimer will need to be corrected.

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One Campaign Committee per Candidate

A candidate may have only one campaign committee, regardless of the number of state and/or local offices held or sought by that candidate. Candidates benefiting from a multi-beneficiary campaign committee may not have a separate campaign committee. This single committee restriction does not prevent a local or statewide candidate from also having a federal political committee in concurrent operation for the purpose of seeking election to a federal office. [R.C. 3517.081, 3517.10(J)]

Personal Financial Disclosure Statement

A copy of the Personal Financial Disclosure Statement form should be provided by the office where petitions are filed when a candidate file his/her petitions. The form must be filed with the appropriate ethics commission, which is either the Ohio Ethics Commission, the Joint Legislative Ethics Commission, or the Board of Commissioners on Grievances and Discipline of the Ohio Supreme Court. [R.C. 102.01-102.04, 102.09, 102.99] For more information on ethics filing requirements, please visit the Ohio Ethics Commission’s Web site: www.ethics.ohio.gov

Political Communications and Disclaimers

Please see chapter 12, Disclaimers, for complete details related to political communications issued by candidate campaign committees.

CONTRIBUTIONS Generally speaking, the value of all contributions received by a candidate’s campaign committee must be disclosed. With the exception of those received at a fundraising event, all contributions must be separately itemized. The primary elements for complete disclosure of a contribution are the name and address of each contributor as well as the date and amount of each contribution.

Anonymous Contributions

Contributors may not remain anonymous by request. If a donor does not want to be identified, the contribution is not truly anonymous and the campaign committee should not accept the contribution. However, if an anonymous contribution is received, the campaign committee must make an effort to identify the donor. If that effort is unsuccessful, the contribution should have an explanation of the circumstances that caused it to be anonymous and a description of the efforts made to determine the donor’s identity. This information should appear in the address portion of form 31-A, Statement of Contributions Received. [R.C. 3517.10 (C)(2)]

Ohio Secretary of State’s Office 2-11 Ohio Campaign Finance Handbook

Cash Contribution Limits

A contributor, including the candidate, may not give more than $100 per election in cash. Cash includes only currency or coin. In the event a contribution exceeds this amount, the recipient should issue a refund of the amount over the $100 limit. The full amount of the contribution received and deposited must be disclosed on the appropriate campaign finance report form(s) as well as the offsetting refund expenditure issued. [R.C. 3517.13(F); OAC 111-5-06]

Contributions from Minor Children

Individuals under the age of seven are prohibited from making any political contribution. [R.C. 3517.102 (B)(1)(c)]

Contribution Limits

Under state law, limits on contributions apply only to the campaign committees of candidates for statewide office or the office of member of the general assembly. See chapter 3, Special Regulations for Statewide and General Assembly Candidates, for more information. Refer also to limits and prohibitions that apply to Medicaid providers and to entities awarded government contracts.

The secretary of state examines reports for compliance with contribution limits prescribed by state law. Complaints of alleged violations of campaign finance law – including contribution limit violations – are filed with the OEC which has original jurisdiction to hear complaints, find violations, and impose penalties. Please see Chapter 14, Ohio Elections Commission, for more information.

Judicial candidates must abide by contribution limits as set or modified by the Ohio Supreme Court. Details of these limits are available by contacting the Court or visiting the Ohio Supreme Court’s Web site: www.supremecourt.ohio.gov/Judiciary/candidates

County or local candidates are not limited in the amount of contributions they may receive, other than those received in cash, unless there is a municipal or county charter that provides otherwise. Enforcement of charter-prescribed contribution limits is the responsibility of the law director or other charter office. County and local candidates are limited as to how much their committees may contribute to certain other entities. [R.C. 3517.102]

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Contributions by Candidates to Their Committees

Candidates may donate items or money to their own campaign committees. If items are donated, such as when a candidate purchases a sign or stamps for the benefit of the campaign committee and does not expect reimbursement, then the contributions should be reported as in-kind contributions received by the campaign committee from the candidate. Although there is no contribution limit on the amount of in-kind contributions a candidate may make to his or her campaign committee, it is important to note that in-kind amounts do count toward the $1,000 threshold for determination of whether a pre-election report is required to be filed. In-kind contributions are disclosed on form 31-J-1, In-Kind Contributions Received. [R.C. 3517.01]

If the candidate provides items to the campaign committee and expects reimbursement in a later reporting period for these items, then the amount must be listed as an outstanding debt so that the candidate may later be reimbursed. This information is disclosed on form 31-N, Statement of Outstanding Debts. As long as loans or debts remain outstanding, each report filed by the campaign committee must disclose the obligations until they are paid or forgiven.

Contributions of money to the campaign committee by the candidate must be reported. If a candidate deposits money to the campaign committee bank account and expects to be repaid in a later reporting period, then the money must be reported as a loan when first received. This information is disclosed on form 31-C, Statement of Loans Received. As long as a loan or debt remains outstanding, each report filed by the campaign committee must disclose the obligation until it is paid or forgiven. [R.C. 3517.13(O); OAC 111-1-03]

Corporate \ Professional Association Contributions

Corporations are prohibited from directly or indirectly supporting or opposing any candidate. This prohibition applies to the provision of corporate funds or property to a candidate or campaign committee. The use of a corporate logo on an endorsement or solicitation letter is also a prohibited corporate contribution. [R.C. 3599.03; OEC Adv. 97ELC-05]

Corporations are permitted to communicate information about candidates so long as the communication is sent to the shareholders, employees, directors or officers of the corporation or to the immediate families of those individuals. Such communication may be made by mail, e-mail, reports, memoranda or other method of direct communication. The posting or permitted posting of campaign literature is permitted by a corporation so long as the literature is placed in an area generally accessible only to the employees, shareholders, directors or officers of the corporation. [R.C. 3599.03 (F)(3); OAC 111-4-09]

Ohio Secretary of State’s Office 2-13 Ohio Campaign Finance Handbook

Legal professional associations and other professional associations (e.g physicians, architects & dentists) under R.C. 1785 as limited liability companies under R.C. 1705, or partnerships as defined by R.C. 1775 through 1783, are not “corporations” under R.C. 3599.03. These entities are considered either partnerships or unincorporated businesses. A partnership or other unincorporated business may use its checking account to transmit a contribution to a candidate. The contribution must be accompanied by detailed information about each partner, owner or member and their allocated portion of the contribution. The recipient of such a contribution must itemize each allocated portion according to the information provided. No contribution from a partnership or other unincorporated business may be accepted, deposited or used unless the recipient has the allocation information necessary to itemize the contribution by the partner, owner or member. [R.C. 3517.10 (I); OAC 111-5-21; OEC Adv. 96ELC-03]

To determine the status of a business or a corporation registered in Ohio, you may contact the secretary of state’s Business Services Division at (877) 767-3453. Also, the complete database of business entity filings is available and can be searched at the secretary of state’s Web site: www.sos.state.oh.us

Follow the links for Business / Corporations and Search Filings or Search Database.

Debts

When a campaign committee has received a good or service that is 30 days or more payable at the time of a reporting deadline, it must disclose the transaction on form 31-N, Statement of Outstanding Debts within that report.

Loans

It is acceptable for a campaign committee to receive contributions in the form of a loan where the contributor expects to be repaid. While there is no requirement to obtain or disclose any formal loan agreement between the campaign committee and the contributor, it is advisable to consider having an agreement with all terms expressly detailed. Once a loan is received, the balance – along with any payments made – must be included in each report filed until the loan is repaid or forgiven by the contributor.

Public Employee Solicitations \ Contributions

Statewide and state legislative elected officials and candidates may not solicit nor accept a contribution from employees whose appointing authority is or would be that public official or who are or would be employed by the same public agency, department, division or office as the official. [R.C. 3517.092]

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Elected officials and candidates at the county, township, city, village, or school district level may not solicit contributions from employees whose appointing authority is or would be that public official or who are or would be employed by the same public agency, department, division or office as the official. The campaign committee for candidates at the county, township, city, village, or school district level may, however, accept voluntary, unsolicited, contributions from employees. [R.C. 3501.01 (T), 3517.092]

County or local elected officials who receive voluntary contributions from employees of a unit or department under their direct supervision or control must report them separately on form 31-G, Contributors in Officeholder’s Employ. [R.C. 3517.10 (C)(3)]

Public employees are prohibited from being solicited for political contributions while performing their official duties or while they are in those areas of a public building where official business is transacted or conducted. Public employees are prohibited from soliciting contributions while performing official duties or in areas of a public building where official business is conducted. For the purpose of these prohibitions, the term “public employee” does not include any person holding an elective office. [R.C. 3517.092] Unbid Government Contracts - Contractor Contribution Limits

Individual / Partnership / Unincorporated Business / Association

Unbid contracts of more than $500 may not be awarded to an individual, partnership or other unincorporated business, association, including a professional association, if the individual or the individual’s spouse or any partner, shareholder, administrator, executor, or trustee or the spouse of any of them has made as an individual, within the two previous calendar years one or more contributions totaling more than $1,000 to the holder of a public office having ultimate responsibility of the award of the contract or to the public officer’s campaign committee. [R.C. 3517.13 (I)] Corporation / Business Trust

Unbid contracts of more than $500 may not be awarded to a corporation or business trust if an owner of more than 20% or their spouse has made, as an individual, within the two previous calendar years one or more contributions totaling more than $1,000 to the holder of a public office having ultimate responsibility of the award of the contract or to the public officer’s campaign committee. [R.C. 3517.13 (J)] A contract is not considered to be unbid if it is awarded after action of the Ohio Controlling Board. [R.C. 3517.13 (M)(2)]

Ohio Secretary of State’s Office 2-15 Ohio Campaign Finance Handbook

The phrase “two calendar years” means the two periods of January 1 through December 31 preceding the year in which the contract is awarded. [OEC Adv. 87-5]

Income Tax Credit

Contributions of money made to the campaign committee of a candidate for any of the following public offices:

»» governor and lieutenant governor

»» secretary of state

»» auditor of state

»» treasurer of state

»» attorney general

»» member of the state board of education

»» chief justice of the supreme court

»» justice of the supreme court

»» member of the general assembly (house or state senate)

The amount of the credit equals the lesser of the combined total of contributions made during the year by each taxpayer filing a return of $50, in the case of an individual return, or $100 in the case of a joint return. (R.C. 5747.29)

Questions related to this section of Ohio’s tax law should be directed to:

OHIO DEPARTMENT OF TAXATION P.O. BOX 530 COLUMBUS, OHIO 43216-0530 (800) 282-1780

Independent Expenditures

An independent expenditure is one that is made in support of or in opposition to either a candidate or a ballot issue without the consent of, and not in coordination, cooperation or consultation with, or at the request of or suggestion of, the candidate or ballot issue committee. Such expenditures are reported by the entity that makes them, but not by the benefited committee. [R.C. 3517.01(B)(17), 3517.105; OAC 111-3-02]

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In-Kind Contributions

An in-kind contribution is a non-monetary contribution of goods or services that was made with the consent of, in coordination or cooperation with, or at the request or suggestion of, the benefited candidate or committee. Examples include receiving postage or signs, receiving rent-free office space, having personnel assistance compensated by a third party or having a third party buy media advertising on behalf of a committee. [R.C. 3517.01(B)(16)]

An in-kind contribution is considered a campaign contribution and should be reported as such on the appropriate contribution form(s).

The exception to the general definition and operation of an in-kind contribution is when a political party makes one or more expenditures for the purpose of financing communications advocating the election or defeat of a candidate for judicial office. This type of expense made by a political party, whether or not it is made in coordination with a candidate or campaign committee, shall be deemed to be an independent expenditure and reported as such by the political party on form 31-U, Independent Expenditures Made by a Campaign Committee, PAC, Political Party or Legislative Campaign Fund. As an independent expenditure, the affected judicial candidate campaign committee does not have a duty to disclose the expenditures made by the political party. [R.C. 3517.105 (D)]

Joint Fund-Raisers

Each candidate committee that engages in a joint fund-raising activity must deposit into its account only the checks that are made out to that particular committee. If a check is received that is made out to more than one committee, it must be refunded to the contributor and not deposited into any committee bank account. The expenses for the activity must be divided equally among the participants, unless they have agreed to divide them in another manner. If the expenses are not divided equally and one committee pays for most or all of the event costs, an in-kind contribution occurs and must be disclosed – both by the maker and the recipient of the contribution. [R.C. 3517.01 (B)(16); OAC 111-5-18]

Labor Organization Contributions

A candidate’s campaign committee may accept contributions from a PAC sponsored by a labor organization or from a labor organization’s political contributing entity (PCE). [R.C. 3517.01(B)(21), 3517.082]

Ohio Secretary of State’s Office 2-17 Ohio Campaign Finance Handbook

Medicaid Providers

Candidates for attorney general or county prosecutor, or the campaign committees of such candidates, are prohibited from knowingly accepting contributions from Medicaid providers or from any person with an ownership interest in a provider. [R.C. 3599.45]

Partnerships/Unincorporated Associations

Contributions received from partnerships or unincorporated associations must reflect both the name of the entity and the individual making the contribution. Incorporated professional associations and limited liability companies are considered unincorporated associations or, if applicable, partnerships. Contributions may be transmitted by these entities, but must include, at the time of the distribution, detailed information on the allocation of the contribution amount among the owners or partners of the unincorporated association or partnership. No contribution from a partnership or other unincorporated business may be accepted, deposited or used unless the recipient has the allocation information necessary to itemize the contribution by the partner, owner or member. [R.C. 3517.10(I); OAC 111-5-21; OEC Adv. 96ELC-03]

Raffles

The use of raffles or other games of chance to raise money for a campaign committee, political action committee, political party or any other political entity, while not specifically prohibited in the campaign finance statutes, is discouraged for several reasons. First, the collecting and reporting of all the required contributor information for every raffle ticket or chance sold can be very difficult. A campaign treasurer is required to keep a strict account of all contributions received – regardless of the amount of the contribution. Second, the raffle or other games or schemes of chance in which persons pay to play may be a lottery prohibited by Article XV, Section 6 of the Ohio Constitution or may constitute gambling in violation of R.C. 2915. In addition, political fund-raising events involving a raffle or other scheme or game of chance held on the premise of a liquor permit holder may involve a violation of OAC 4301:1-1-53 of the Ohio Department of Commerce, Division of Liquor Control.

Many fund-raising events award door prizes to some of the persons who attend. Giving door prizes of minimal value, such as flower arrangements, is unlikely to constitute a violation because the persons participating would have contributed regardless of the possibility of receiving a prize. However, if the value of the prize is significant enough to encourage contributors to purchase a ticket in the hopes of winning the prize, then a violation may have occurred. Questions or information concerning raffles and other schemes or games of chance should be referred to the county prosecutor in the county where the activity occurs. [SOS Advisory No. 94-04]

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Deposit of Contributions and Other Income

All contributions and other monetary income must be deposited in the candidate’s campaign committee account within 30 days of receipt or returned to the donor without having been deposited. A contribution that is clearly illegal must be returned and not deposited. A contribution that appears to be legal (i.e., not from a foreign national, corporation or in excess of contribution limits) may be deposited and used by the committee. Contributions that appear questionable may be deposited but not spent. The treasurer must make a good faith effort to determine the legality of the contribution. If, within 30 days of receipt, it cannot be determined that the contribution is legal, then it must be returned.

If a contribution that is kept is later found to be illegal, then the committee must refund it within 10 days of discovery. [R.C. 3517.992; OAC 111-5-12]

EXPENDITURES

The value of all expenditures made by a campaign committee must be disclosed. The primary elements for complete disclosure of expenditures include the name and address of each payee as well as the date, amount and detailed purpose of each expenditure. In some cases, additional information or more detailed itemization may be required.

Permissible Campaign Expenses

The use of campaign funds for personal or business expense purposes is prohibited. All expenditures made by a campaign committee must be for influencing the result of an election, a campaign expense, the candidate’s duties of public office, or making a charitable contribution. No beneficiary, i.e. the candidate, of a campaign fund shall convert campaign funds for personal use, except as reimbursement for:

»» Legitimate and verifiable prior campaign expenses originally paid by using personal funds.

»» Legitimate, verifiable, ordinary and necessary expenses incurred in connection with the duties as the holder of a public office.

»» Legitimate, verifiable, ordinary and necessary expenses incurred by the beneficiary while:

»» Engaged in activities to support or oppose another candidate, political party, or issue.

»» Raising funds for, or participating in activities of, a political party or other political committee.

»» Attending a political party convention or meeting.

Ohio Secretary of State’s Office 2-19 Ohio Campaign Finance Handbook

These terms have been defined by the Ohio Elections Commission as follows:

Legitimate Conforming to recognized principles or accepted rules and standards.

Verifiable Able to be proven true, confirmed or authenticated.

Ordinary Taking place according to customary occurrences or procedures.

Necessary Appropriate and helpful to accomplishing a particular end.

In addition, the Ohio Elections Commission has made clear that these expenses must be reasonable in cost and form. [OEC Adv. 87ELC-4]

Greeting cards to a candidate’s staff and campaign contributors, holiday parties for a candidate’s staff, a candidate’s inauguration party, gifts to employees for birthdays, weddings and retirements and flowers to employees or their family members due to illness or death have been deemed permissible campaign expenses.

The Ohio Elections Commission has also advised that campaign expenditures for legal fees are permissible when the fees are associated with furthering the candidate’s campaign committee or in carrying out the proper duties of a public office holder. [OEC Adv’s. 87ELC-9, 87ELC-15, 88ELC-1, 90ELC-4, 96ELC-06, 96ELC-08, 2000ELC-05, 2006ELC-01]

Candidates and treasurers must ensure that items purchased with campaign funds are permitted and are used appropriately. For example, the purchase of postage with campaign funds is a common occurrence – both for candidate campaign committees as well as other reporting entities. The postage must be used by the entity to influence the result of an election, for making a charitable donation or, if purchased by a campaign committee, the performance of the candidate’s duties of public office. It is prohibited for an item which was purchased with campaign funds to be used for the personal benefit of the candidate or other person.

Attendance to political party conventions or other political meetings for the candidate or officeholder is a permitted expense of a campaign committee. The committee may reimburse such expenses for an employee of the campaign committee. It cannot pay the expenses for contributors, constituents or family members – unless their attendance is necessary in furtherance of the candidate’s campaign or while pursuing policy initiatives of the candidate in connection with the performance of the duties of the holder of the public office.

A campaign committee may directly pay for any item only if the expense relates exclusively to one of the permitted uses (e.g. campaign expense or in connection with the duties of public office).

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If the expense was incurred by a mix of campaign and personal use, the beneficiary must pay the expense and then seek reimbursement from the campaign committee for that part of the payment that was campaign related. [R.C. 3517.13 (O) – (R); OEC Adv. 87ELC-3]

Charitable contributions are those made to a charity that has been designated as exempt from federal income taxation under subsection 501(a) and described in subsections 501(c)(3), 501(c)(4), 501(c) (8), 501(c)(10) or 501(c)(19) of the Internal Revenue Code or to any charity approved by advisory opinion of the Ohio Elections Commission. [R.C. 3517.08(G)]

Campaign committees may not make any refund of any contribution, unless the purpose is to refund a contribution in excess of the applicable contribution limit or to refund a contribution that has been determined to be illegal. [OEC Adv. 99ELC-03]

Credit Cards

A campaign committee may obtain a credit card to purchase goods and services on behalf of the committee. If the committee pays the credit card company directly, each credit card purchase should be listed separately as an expenditure on form 31-B, Statement of Expenditures, or on form 31-F, Statement of Expenditures for a Social or Fund-Raising Event, with the vendor name, address, date and amount of purchase. The credit card statement should be attached to the report along with a copy of the canceled check to the credit card company. [OAC 111-5-14]

If the candidate or another individual uses a personal or non-committee credit card and then seeks reimbursement from the committee for the purchases, then the reimbursement expenditure must be reported on the expenditure form. The treasurer must obtain receipts for all reimbursements issued in order to verify the legitimacy of each campaign expense. The underlying documentation for an expenditure may be requested by a county board of elections or the secretary of state.

Expenditure Verification The three Every expenditure in excess of $25 must have a corresponding canceled check or receipt photocopy primary pieces of attached to the report. A paid receipt is one that has been data needed to meet marked “PAID” by the vendor. In addition, the secretary the expenditure of state or the county board of elections may request a log verification are: for certain items, such as mileage reimbursements, so that the expenditure and its appropriateness may be verified. »»Name of payee If canceled checks are not returned or provided by the »»Date of expenditure banking institution of the committee, a copy or printout of »»Amount of expenditure the campaign committee’s bank statements will suffice for

Ohio Secretary of State’s Office 2-21 Ohio Campaign Finance Handbook the receipt requirement so long as the name of the vendor, date of transaction and amount of the expenditure are all provided. Additionally, printouts of cancelled check images as provided by the campaign committee’s banking institution satisfy the expenditure verification requirement. [R.C. 3517.10(D); OAC 111-5-14; OEC Advs. 87ELC-03 and 87ELC-12]

Reimbursement of Campaign Expenses

The candidate and employees or volunteers of a campaign committee may be reimbursed by the campaign committee for permissible campaign expenses they incur, so long as the expense is permissible and not otherwise prohibited by law. The campaign may not advance funds in any form (e.g. cash or check) to a candidate, employee or volunteer; the expense must be incurred prior to reimbursement. The treasurer must obtain receipts for all reimbursements issued in order to verify the legitimacy of each campaign expense. Reimbursements for items or services purchased on behalf of the committee that are not reimbursed during the reporting period must be reported as outstanding debt. The secretary of state or the county board of elections may request a log (e.g. for mileage reimbursement) or receipts for reimbursements so that the expenditure and its appropriateness may be verified. [R.C. 3517.13(O)]

REPORTING

Disclosure of campaign finance activity is a crucial element in monitoring compliance with and effectiveness of Ohio’s campaign finance laws and regulations. When a report is filed, it must be a full, true and itemized accounting of contributions and expenditures for the reporting period.

Corrections and Amendments

When a correction is necessary or additional information is obtained by the committee or required by the auditing authority relating to a report that has already been filed, an amended report must be filed. Amendments filed on paper consist of only corrections to previously submitted information or additional information. The amendment should include either a report cover page or a cover letter clearly indicating the name of the committee that is filing and what report is being amended. Amendments filed electronically consist of all report data – that which was originally filed and new or modified records.

When an error is found, or when checks are received that could not earlier be attached to a report, the amendment should be filed immediately. When an auditing authority requests additional information or a correction to a report, the committee has 21 days to provide the information or correction. [R.C. 3517.11(B); OAC 111-5-08, 111-5-09]

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Expenses Not Required to Be Reported The trend in banking There are some financial transactions which are practices is moving away not considered either a contribution to or an from mailing a paper copy expenditure by or on behalf of the candidate campaign committee. These include the personal of statements and other expenses of a candidate for which reimbursement is account information. not requested or made do not need to be reported. Treasurers should Also, the unreimbursed personal expenses of unpaid download and save bank volunteers and ordinary home hospitality need not statements and/or copies be reported. (images) of canceled checks [R.C. 3517.01(B)(5), 3517.08(A)] each month just in case the financial institution only Fund-Raiser Exemption provides online access to these items for brief or Individual contributions totaling $25 or less per person received at a specific fund-raising activity do limited periods of time. not need to be itemized (listed by person) within a report. These contributions should be reported as a single line item with an aggregate amount on form 31-E, Statement of Contributions Received at a Social or Fund-Raising Event. Also, in-kind contributions totaling $300 or less from one contributor at a single fund-raising activity need not be itemized. These contributions should be reported as a single line item with an aggregate amount on form 31-J-1, Statement of In-kind Contributions Received. However, in both instances, the treasurer is responsible for keeping itemized records of any of these contributions, in case such records are requested by the secretary of state. [R.C. 3517.10(B)(4)(e)]

Record Retention

Committees must keep their records for six years. The county boards of elections and the secretary of state must also keep all reports filed with them for six years. The secretary of state must keep all reports filed by electronic means of transmission for six years. This requirement includes all bank records (including deposit records), reports, amendments, correspondence, receipts, invoices and notices. [R.C. 3517.10(D), 3517.106 (D); OAC 111-5-14]

Late Reports

When a required report is filed late, the county board of elections or the secretary of state must refer the matter to the Ohio Elections Commission. [R.C. 3517.11(C)]

Ohio Secretary of State’s Office 2-23 Ohio Campaign Finance Handbook

Closing the Committee

A committee must have a zero balance, no outstanding debts and no outstanding loans before it can terminate. When these criteria have been met, a committee must file a final report. This report should list all activity, if any, that has occurred since the previous report. The termination box must also be marked when the committee wants to terminate. There is no separate form for terminating. [R.C. 3517.10(A)]

Issuance of Certificate

A successful candidate will receive his or her certificate of nomination or election, as appropriate, only after complying with all campaign finance filing requirements. [R.C. 3517.11(D)]

2-24 Ohio Secretary of State’s Office Ohio Campaign Finance Handbook Chapter 3: Additional Requirements for Statewide and General Assembly Candidates This page intentionally left blank. Chapter 3: Additional Requirements for Candidates

ADDITIONAL REQUIREMENTS FOR STATEWIDE AND GENERAL ASSEMBLY CANDIDATES

(Statewide and general assembly candidates should use the information in this chapter in conjunction with Chapter 2.)

SPECIAL RULES

Election Periods

Several of the special rules and reports for statewide or general assembly candidates require an understanding of election periods, including being able to determine a candidate’s primary and general election period date ranges.

The primary election period begins on the latest (e.g. most recent) of the three following dates:

1. January 1 of the year following a general election at which that specific office was up for election.

2. January 1 of the year following a general election at which the person last ran as a candidate for any office.

3. The first day of the month following a primary election at which the person last ran as a candidate for any office and was unsuccessful. [R.C. 3517.102(A)(5), 3517.109(A)(9)]

Examples:

A candidate ran for Ohio Senate in 2008 and lost in the primary election and intends to run for state treasurer in 2010. The primary election period for this candidate’s run for state treasurer would begin on the first day of the month following the primary election in 2008, which was April 1, 2008.

A candidate runs for municipal clerk in 2009, but loses the general election. This person then decides to run for an Ohio House of Representatives seat (two-year term) in 2010. The primary election period for this candidate would begin January 1, 2010.

A candidate ran for city council in 2007 and won the general election. The candidate intends to run for governor in 2010. The primary election period would begin January 1, 2008.

A candidate ran for the Ohio House of Representatives in 2008 and won the general election. The candidate intends to run for re-election in 2010. The primary election period would begin January 1, 2009.

Ohio Secretary of State’s Office 3-3 Ohio Campaign Finance Handbook

The primary election period ends on the day of the primary election. The length of a primary election period could vary widely, from in excess of three years to just a few months, depending on the facts and circumstances specific to the candidate and the office being sought.

The general election period begins the day after the primary election at which the candidate seeks office and ends December 31, following the subsequent general election. [R.C. 3517.102(A)(5)]

Contribution Limits

Ohio law limits the campaign contribution amount that individuals, PACs, PCEs, parties, LCFs and campaign committees can contribute to statewide and general assembly candidate campaign committees. The contribution limit chart included as part of this Guide is intended to be a visual representation of the limit law. While the chart details the limits placed on most contribution transactions, it does not include every possible transaction circumstance that may occur.

The limitations do not apply to contributions made by a candidate to his/her own campaign committee. However, the limitations do apply to contributions received by the candidate’s spouse, parents, children, sons-in-law, daughters-in-law, brothers, sisters, grandparents, mother-in-law, father- in-law, brothers-in-law, sisters-in-law or grandparents by marriage. [R.C. 3517.102]

Contribution Limit Adjustment

The secretary of state must adjust statutory contribution limits that apply to statewide and general assembly candidates in January of each odd-numbered year. The adjustment is based on the yearly average increase or decrease of the previous two years in the Consumer Price Index for All Urban Consumers or its successive equivalent, as determined by the U.S. Department of Labor, Bureau of Labor Statistics. The adjustment calculations made by the secretary of state are certified by the auditor of state and become effective on or before February 25th of that year. The certified calculations and an updated contribution limit chart are available at the secretary of state’s Web site. [R.C. 3517.104]

Designated State Campaign Committees

This term is used to define a special type of relationship between specific political entities that are making or receiving contributions to and from other specific political entities. A “designated state campaign committee” means:

»» 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.

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»» In the case of contributions to or from a county political party: a campaign committee of a statewide candidate, statewide officeholder, 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.

»» In the case of contributions to or from a legislative campaign fund: a campaign committee of any senate or house candidate who, if elected, will be a member of the same party that established the legislative campaign fund and the same chamber (e.g. House or Senate) with which the legislative campaign fund is associated, or a state senator or state representative who is a member of the same party that established the legislative campaign fund and the same chamber with which the legislative campaign fund is associated.

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.” [R.C. 3517.102(A)(9)]

Employer/Occupation Information

Statewide and general assembly campaign committees filing campaign finance statements must report the name When applicable, of an individual contributor’s current employer or, if self- the statute requires employed, his or her occupation and the name of the the information in the individual’s business, if the individual makes a contribution of more than $100. If a campaign committee does not following order: receive the information when the contribution is received, it must make its best effort to obtain this information. 1. Employer [R.C. 3517.10(B)(4)(b)(ii), 3517.10(E)(2)] 2. IF self-employed The campaign committee of a statewide or legislative a. Occupation candidate that receives contributions that aggregate more than $100 and are made through employee wage b. Name of business deduction plans involving two or more employees must report the employer’s name and the name of the employee’s labor organization, if any. The employer must furnish that information to the recipient of the contribution. The reporting entity is considered to have met this requirement if it exercises its best effort to obtain the information. [R.C. 3517.10(B)(4)(b)(iii), 3517.10(E)(3) and 3599.031(D)]

“Best effort” is defined as including a written request for the employer information in all written solicitations and at least one oral or written follow-up attempt to obtain the employer information. [R.C. 3517.10(E)(3); OAC 111-1-05]

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Electronic Filing

All statewide, general assembly and court of appeals candidate campaign committees are subject to mandatory electronic filing of campaign finance reports. Please see chapter 11, Electronic Filing, for more information.

Federal Transfers

A person who is a candidate for state elective office and who previously sought nomination or election to a federal office is prohibited from transferring any funds or assets from his or her federal campaign committee for nomination or election to the federal office to his or her campaign committee as a candidate for state elective office. [R.C. 3517.13(S)]

Persons Doing Business

State elected officials or members of the general assembly are required to separately report the names and addresses of each person doing business with an elected officer in his or her official capacity who makes a contribution to the officer’s campaign committee, and the existence of any contract. A person doing business is one who enters into one or more contracts for goods or services with a state elected officer or member of the general assembly in his or her official capacity or anyone authorized to enter into contracts on behalf of the officer to receive goods or services if the payments total, in the aggregate, more than $5,000 during a calendar year. Such contributions should be reported on form 31-T, Contributors Doing Business with State Elected Officers. [R.C. 3517.10(B)(4)(f)]

Reimbursements

Statewide and general assembly candidates who make campaign related expenditures from personal funds and then seek periodic reimbursement from their campaign committee should realize that there is a running $500 cap on the amount of un-reimbursed personal funds that may accumulate. Candidates should take steps to ensure adequate funds are present in their campaign account to so that periodic reimbursement can be accomplished. Once a candidate has been reimbursed for a particular amount of personal expenditures, that amount is no longer counted toward the $500 limit. [R.C. 3517.103(B)]

State Income Tax Credit

Ohio law allows a state income tax credit for monetary contributions made to the campaign committee of a candidate for statewide office or member of the general assembly up to an annual limit of $50 for single filers and $100 for joint filers. [R.C. 5747.29]

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Contributions of money made to the campaign committee of a candidate for any of the following public offices are eligible for credit:

»» governor and lieutenant governor

»» secretary of state

»» auditor of state

»» treasurer of state

»» attorney general

»» member of the state board of education

»» chief justice of the supreme court

»» justice of the supreme court

»» member of the general assembly (house or state senate)

The amount of the credit equals the lesser of the combined total of contributions made during the year by each taxpayer filing a return of $50, in the case of an individual return, or $100 in the case of a joint return. (R.C. 5747.29)

Questions related to this section of Ohio’s tax law should be directed to:

OHIO DEPARTMENT OF TAXATION P.O. BOX 530 COLUMBUS, OHIO 43216-0530 (800) 282-1780

Tax deductibility of federal contributions is under the jurisdiction of the Internal Revenue Service.

Unpaid Debts/Debt Retirement

If a campaign committee has any outstanding loans owed or other unpaid debt at the end of a primary or general election period, then the committee may accept additional contributions in the election period immediately following, as long as the total received from each contributor, when added to the contributions received from that contributor in the period when the debt was incurred, does not exceed the contribution limitation applicable to the contributor during the period when the debt was incurred. A contributor who did not make any contributions to the campaign committee during the period when the debt was incurred may make contributions for debt retirement up to the applicable limit for the prior contribution limit period.

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The additional contributions accepted by a campaign committee to retire unpaid debt do not count toward the applicable limitations during the election period when they are accepted, as long as the campaign committee reported unpaid debt in its pre-election or post-election report, and:

1. The additional money is deposited into an account separate from the campaign committee’s regular account.

2. The additional money is used only to reduce or pay off previously incurred and reported debt.

3. Debt reduction fund-raising ceases once the debt is eliminated.

4. The additional money is raised in the period immediately following the election period in which unpaid debt was accrued.

5. Any excess money is given back to the contributors or to a 501(c) charity.

6. The committee separately reports all of the additional contributions for debt reduction purposes, how the contributions are applied to the outstanding debt and the balance of the unpaid debt. [R.C. 3517.108, OAC 111-5-02]

SPECIAL REPORTS

Monthly Reports

The campaign committee of a statewide candidate must 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. These monthly reports are required to list only contributions received during the covered period. Although only contributions are required to be disclosed, a campaign committee may choose to also disclose any expenditure and loan/debt transactions from the reporting period. Otherwise, expenditures made and any loan/debt transactions occurring during the reporting time period must be included in the next pre-general or post-general report, whichever is required to be filed first.

The monthly statement must be filed no later than three business days after the last day of the month covered by the statement. Monthly reports are stand-alone reports; therefore, the contributions reflected within these reports should not appear again in any subsequent report. [R.C. 3517.10(A), 3517.13(A); OAC 111-5-08]

Two-Business-Day Reports

From the 19th day before the general election through the day of the general election, each time a campaign committee of the joint candidates for governor and lieutenant governor or of a candidate for secretary of state, treasurer of state, auditor of state or attorney general receives a contribution

3-8 Ohio Secretary of State’s Office Chapter 3: Additional Requirements for Candidates that causes the aggregate amount of contributions from a contributor to equal or exceed $10,000 during that period, and each time a campaign committee of a candidate for chief justice or justice of the supreme court receives a contribution that causes the aggregate amount of contributions from a contributor to exceed $10,000 during that period, the committee must file with the secretary of state a two-business-day statement reflecting that contribution. The report must be filed with the secretary of state within two business days after receipt of the contribution. These contributions must also be reflected in the post-general report. This information is disclosed on form 30-C, Two Business-Day Statement. [R.C. 3517.10(A), 3517.13(A)(2); OAC 111-5-09]

DECLARATION OF FILING-DAY FINANCES / PERMISSIVE FUNDS REPORTS When a person files petitions to run for an office subject to contribution limits, the statute requires that person’s campaign committee to review its accounts and contribution history and dispose of any excess funds or excess aggregate contributions. For example, if a current city mayor – an office not subject to state contribution limits – decides to run for state representative – an office to which state contribution limits apply – the mechanics of section 3517.109 of the Revised Code may require the mayor’s campaign committee to dispose of a portion of its balance on hand prior to submitting nominating petitions or a declaration of candidacy.

What Must Be Filed

During a year in which its candidate is on the ballot, the campaign committee of a candidate for statewide office or member of the general assembly must file one or two special reports required by R.C. 3517.109 regarding permissive or excess funds. Candidates for Ohio Supreme Court justice or chief justice are not required to file these reports.

Who Must File

Campaign committees of candidates who file nominating petitions or a declaration of candidacy for statewide office or member of the general assembly are subject to the filing requirements of the Declaration of Filing-Day Finances and Permissive Funds Reports in R.C. 3517.109. The definition of “state office” includes State Board of Education, but does not include Ohio Supreme Court.

When To File

These reports are due no later than seven days following the declaration of candidacy or nominating petition filing deadline. The reports are filed at the same location that the declaration or petitions are filed.

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Pre-Filing Period

Determining the pre-filing period of the campaign committee is important for both the Declaration of Filing-Day Finances and the Permissive Funds reports. The pre-filing period of a campaign committee begins on the same day as its primary election period. See the section on election periods at the beginning of this chapter. The pre-filing period ends on the declaration of candidacy or nominating petition filing deadline. [R.C. 3517.109 (A)(9)]

Declaration of Filing-Day Finances

Every campaign committee of candidates for statewide office or member of the general assembly must file either form 31-W, Declaration of Filing-Day Finances, or form 31-AA, Waiver of Declaration of Filing-Day Finances, no later than seven days following the declaration of candidacy or nominating petition filing deadline.

Waiver

A committee may qualify to file the Waiver of Declaration of Filing-Day Finances if the following two conditions are met:

1. The campaign committee did not accept any contributions during the pre-filing period in excess of the contributions limits in R.C. 3517.102.

2. The campaign committee had a cash-on-hand balance less than the carry-in amount at the beginning of the pre-filing period for the office being sought.

Office Carry-In Amount

House or State Board of Education $35,000 Senate $100,000 Statewide $200,000

If the committee meets both these criteria, it may file a Waiver in lieu of a Declaration of Filing-Day Finances. If the committee accepted excess contributions or had a balance on hand larger than the carry-in amount, then it must file the Declaration of Filing-Day Finances. [R.C. 3517.109(G)]

Permissive Funds Report

The campaign committee of a candidate for statewide office or member of the general assembly that has “excess funds” must file form 31-W, Permissive Funds Report, no later than seven days following the declaration of candidacy or nominating petition filing deadline. [R.C. 3517.109(E)]

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Excess Funds

There are two ways a campaign committee could end up with excess funds. The first is to accept a contribution that exceeds the applicable contribution limit (as set forth in R.C. 3517.102 and periodically adjusted pursuant to R.C. 3517.104). These contributions over the applicable limits are also called excess aggregate contributions. Example: Accepting $12,000, in aggregate, from an individual during a primary election period ($604.44 in excess funds).

The second way is for a campaign committee to have a cash-on-hand balance and total campaign assets at the declaration of candidacy or petition filing deadline greater than the amount of a committee’s permitted funds. [R.C. 3517.109(A)]

Campaign Assets Included in Calculation of Excess Funds

Campaign assets are prepaid, purchased or donated items or services that are available for use by the campaign committee. For the purpose of these reports, campaign assets must have a value greater than $500 and must be consumed or depleted during the campaign. Examples include prepaid media time, postage or prepaid consulting or advertising services. [R.C. 3517.109(A)(12) & 3517.109 (F)(2)(b)]

Permitted Funds

A committee’s permitted funds equals the sum of the contributions received within the contribution limits set forth in R.C. 3517.102 plus the applicable carry-in limit for the office sought. Example: A campaign committee of a house candidate received contributions totaling $8,000 during the pre-filing period, all of which were within the contribution limits in R.C. 3517.102. The carry-in limit for a house candidate is $35,000. Therefore, this committee’s permitted funds equal $43,000.

If the cash-on-hand balance, plus the value of campaign assets of this campaign committee at the declaration of candidacy or nominating petition filing deadline, exceeds $43,000, then the amount that it is over is considered excess funds. If the cash-on-hand balance and the value of campaign assets is less than or equal to $43,000, then this committee has no excess funds.

If a committee has accepted excess aggregate contributions during the pre-filing period, then it has excess funds even if the committee’s cash-on-hand balance is less than the permitted funds’ total at the declaration of candidacy or petition filing deadline. [R.C. 3517.109(A)(13)]

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Disposing of Excess Funds

The campaign committee of a candidate for statewide office or member of the general assembly that has excess funds must dispose of the excess amount by the declaration of candidacy or nominating petition-filing deadline. Any candidate whose campaign committee fails to dispose of the excess amount is prohibited from appearing on the ballot.

The campaign committee may dispose of excess funds in any of the following ways:

»» Refund the excess amount of the contribution to the contributor.

»» Give the excess to a tax-exempt corporation.

»» Give the excess to the Ohio Elections Commission Fund.

Disposal of excess funds should be reported on form 31-Z. The refund of any excess aggregate contribution at any time during the pre-filing period must be reported on this form. [R.C. 3517.109(B) through (D)]

Forms

Declaration of Filing-Day Finances and Permissive Funds forms are available from the secretary of state’s office and the secretary of state’s Web site.

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LEGISLATIVE CAMPAIGN FUNDS

What is a Legislative Campaign Fund?

A legislative campaign fund (LCF) is a fund that is associated with one of the caucuses of the general assembly and is established as an auxiliary of a state political party. [R.C. 3517.01(B)(15)]

The four LCFs are:

HOUSE DEMOCRATIC CAUCUS FUND OHIO HOUSE REPUBLICAN ORGANIZATIONAL COMMITTEE OHIO SENATE DEMOCRATS REPUBLICAN SENATE CAMPAIGN COMMITTEE

What to Do First

Before receiving or giving money or goods or services, form 30-D, Designation of Treasurer, must be filed. This form is considered a “registration” form. It includes basic information, such as the treasurer’s name and address and the name of the LCF. [R.C. 3517.10(D)]

Where to File Reports

LCFs file their reports with the secretary of state. [R.C. 3517.11(A)(1)]

When to File Reports

LCF reports are due based on the nature and timing of the activity in which the fund engages. All reports must be physically received by the secretary of state to meet the filing deadline requirement. A report postmarked, but not received, by the deadline is a late filing and must be referred to the Ohio Elections Commission.

There are four types of reporting deadlines:

A pre-election report is due by 4:00 p.m. 12 days before an election if the LCF spent or received $1,000 or more to influence that election between the time the last report was filed and the 20th day before the election. [R.C. 3517.10(A)(1)]

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A post-election report is due by 4:00 p.m. 38 days after the election if the LCF received contributions or made expenditures to influence that election between the time the last report was filed and the 31st day after the election. [R.C. 3517.10(A)(2)]

A semiannual report is due by 4:00 p.m. on the last business day of July if the LCF was not required to file a report after the immediately preceding primary election. It should cover the time period since the last report through the last day of June. A semiannual report should only reflect the activity that has occurred since the last report was filed. [R.C. 3517.10(A)(4)]

An annual report is due by 4:00 p.m. on the last business day of January if the fund was not required to file a post-election report after the immediately preceding November election. The annual report must cover the time period since the last report through the last day of December. The report should reflect only activity that occurred since the last previous report was filed. [R.C. 3517.10(A)(3)]

The use of the fund’s contribution is the key to when a report will be required. The need for pre- and post-election reports will be determined by whether the recipient of an LCF contribution will appear on a particular election ballot. A contribution made by a LCF to a political party is presumed to have been made to influence whatever election is imminent. [R.C. 3517.01(B)(5) and (6)]

If a required report is filed late, the secretary of state must file a complaint against the LCF with the Ohio Elections Commission. The commission determines whether the LCF will be penalized. [R.C. 3517.11]

Report Forms

All reporting forms, along with instructions for their use, are available at the secretary of state’s Web site: www.sos.state.oh.us

Filers may choose to download the forms and use them for creating reports eligible for filing in paper form. Filers may choose to create their own forms for use in paper filing, with the approval of the secretary of state’s office, as long as they are substantially similar to the forms prescribed by the secretary of state’s office. [OAC 111-5-11]

Filers seeking the approval of alternative paper forms may direct their request, along with a sample of each of the alternative forms to:

OHIO SECRETARY OF STATE CAMPAIGN FINANCE DIVISION 180 E. BROAD ST., 15TH FLOOR COLUMBUS, OH 43215

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GENERAL RULES

Treasurer Duties and Liability

The treasurer of an LCF is legally responsible for keeping detailed records of everything received or given. The cover page of every report filed should be signed by the treasurer or deputy treasurer. Each report must contain a statement that the report is correct, subject to the penalty for election falsification. Whoever commits election falsification is guilty of a felony of the fifth degree. [R.C. 3517.10(C) and (D), 3517.992, 3599.36; OAC 111-5-12, 111-5-14]

CONTRIBUTIONS Generally speaking, the value of all contributions received by a LCF must be disclosed. With the exception of those received at a fund-raising event, all contributions must be separately itemized. The primary elements for complete disclosure of a contribution are the name and address of each contributor as well as the date and amount of each contribution.

Anonymous Contributions

Contributors may not remain anonymous by request. If a donor does not want to be identified, the contribution should not be made. However, if an anonymous contribution is received, efforts must be made by the LCF receiving it to identify the donor. If the efforts are unsuccessful, the contribution should have an explanation of the circumstances that caused it to be anonymous and a description of the efforts made to determine the donor’s identity. This information should appear in the address portion of form 31-A, Statement of Contributions Received. [R.C. 3517.10 (C)(2)]

Cash Contribution Limits

A contributor may not give more than $100 per election in cash. Cash includes only currency or coin. [R.C. 3517.13(F); OAC 111-5-06] Generally speaking, only those Contribution Limits campaign committees of candidates who are In most cases, contributions to a LCF are limited by statute. or will be members of Contributions given to a LCF from a “designated state the legislative caucus campaign committee” are not limited. For information regarding “designated state campaign committees”, see associated with the Chapter 3. A contribution limit chart is available from the LCF are considered to secretary of state’s Web site as part of the Campaign Finance be “designated state Compliance & Disclosure Guide. campaign committees”. [R.C. 3517.102]

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Contributions from Minor Children

Legislative campaign funds are prohibited from knowingly accepting a contribution from an individual who is under seven years of age. [R.C. 3517.102 (C)(5)(a)]

Corporate \ Professional Association Contributions

Corporations are prohibited from directly or indirectly supporting or opposing any candidate. This prohibition applies to the provision of corporate funds or property to a candidate or campaign committee. The use of a corporate logo on an endorsement or solicitation letter is also a prohibited corporate contribution. [R.C. 3599.03; OEC Adv. 97ELC-05]

Legal professional associations and other professional associations under R.C. 1785 as limited liability companies under R.C. 1705, or partnerships as defined by R.C. 1775 through 1783, are not “corporations” under R.C. 3599.03. These entities are considered either partnerships or unincorporated businesses. A partnership or other unincorporated business may use its checking account to transmit a contribution to a LCF. The contribution must be accompanied by detailed information about each partner, owner or member and their allocated portion of the contribution. The recipient of such a contribution must itemize each allocated portion according to the information provided. No contribution from a partnership or other unincorporated business may be accepted, deposited or used unless the recipient has the allocation information necessary to itemize the contribution by the partner, owner or member. [R.C. 3517.10 (I); OAC 111-5-21; OEC Adv. 96ELC-03]

To determine the status of a business or a corporation registered in Ohio, you may contact the secretary of state’s Business Services Division at (614) 466-3910. Also, the complete database of business entity filings are available and can be searched at the secretary of state’s Web site: www.sos.state.oh.us

Follow the links for Business / Corporations and Search Filings or Search Database.

In-Kind Contributions Received

An in-kind contribution is a non-monetary contribution of goods or services that was made with the consent of, in coordination or cooperation with, or at the request or suggestion of, the benefited LCF. Examples include receiving postage or signs, receiving rent-free office space, having personnel assistance compensated by a third party, or having a third party buy media advertising on behalf of the fund. These contributions are reported on form 31-J-1, In-Kind Contributions Received. [R.C. 3517.01(B)(16)]

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Joint Fund-Raisers

Each LCF that engages in a joint fund-raising activity may deposit into its account only the checks that are made out to that particular LCF. If a check is received that is made out to more than one reporting entity, then it must be refunded to the contributor and not deposited into the LCF bank account. The expenses for the event are divided equally among the participants unless they have agreed to divide them in another manner. [OAC 111-5-18]

Labor Organization Contributions

A LCF may accept contributions from a PAC sponsored by a labor organization or from a labor organization’s political contributing entity (PCE). [R.C. 3517.01(B)(21), 3517.082]

Partnerships/Unincorporated Associations

Contributions received from partnerships or unincorporated associations must reflect the name of that entity, as well as the name of the individuals making the contribution. A partnership or other unincorporated business may use its checking account to transmit a contribution, but the contribution must be accompanied by detailed information of each partner, owner or member and his or her allocated portion of the contribution. The recipient of such a contribution must itemize each allocated portion according to the information provided. No contribution from a partnership or other unincorporated business may be accepted, deposited or used unless the recipient has the allocation information necessary to itemize the contribution by the partner(s), owner(s) or member(s). [R.C. 3517.10(I); OAC 111-5-20; OEC Adv. 96ELC-03]

Public Employee Solicitations \ Contributions

Public employees are prohibited from soliciting contributions, or from being solicited for contributions while performing their official duties or while they are in those areas of a public building where official business is transacted or conducted. For the purpose of these prohibitions, the term “public employee” does not include any person holding an elective office. [R.C. 3517.092]

Deposit of Contributions or Other Income

All contributions and other monetary income must be deposited in an account within 30 days of receipt or returned to the donor without having been deposited. A contribution that is clearly illegal must be returned and not deposited. A contribution that appears on its face to be legal (e.g., not from a foreign national, corporation or in excess of contribution limits) may be deposited and used by the LCF.

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Contributions that appear questionable may be deposited, but not spent. The treasurer must make a good-faith effort to determine the legality of the contribution. If, within 30 days of receipt, it cannot be determined that the contribution is legal, then it must be returned. If a contribution is kept that is later found to be illegal, then the LCF must refund it within 10 days of the discovery. [OAC 111-5-12]

EXPENDITURES The value of all expenditures made by a LCF must be disclosed. The primary elements for complete disclosure of expenditures include the name and address of each payee as well as the date, amount and detailed purpose of each expenditure. In some cases, additional information or more detailed itemization may be required.

Permissible Campaign Expenses

The use of campaign funds for personal or business purposes is prohibited. All expenditures made by an LCF must be to influence the result of an election or for making a charitable contribution. No beneficiary of a LCF or other person may convert for personal use anything of value from the LCF, except as reimbursement for:

»» Legitimate and verifiable prior campaign expenses.

»» Legitimate, verifiable, ordinary and necessary expenses incurred in connection with the duties as the holder of a public office.

»» Legitimate, verifiable, ordinary and necessary expenses incurred by the beneficiary while:

»» Engaged in activities to support or oppose another candidate, political party, or issue.

»» Raising funds for, or participating in activities of, a political party or other political committee.

»» Attending a political party convention or meeting.

These terms have been defined by the Ohio Elections Commission as follows:

Legitimate Conforming to recognized principles or accepted rules and standards.

Verifiable Able to be proven true, confirmed or authenticated.

Ordinary Taking place according to customary occurrences or procedures.

Necessary Appropriate and helpful to accomplishing a particular end.

In addition, the Ohio Elections Commission has made clear that these expenses must be reasonable in cost and form. [OEC Adv. 87ELC-4]

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Gifts to employees for birthdays, weddings and retirements and flowers to employees or their family members due to illness or death have been deemed permissible. The Ohio Elections Commission has also advised that campaign expenditures for legal fees are permissible when the fees are associated with representing the LCF on matters before the Commission. [OEC Adv’s. 87ELC-9, 87ELC-15, 88ELC-1, 90ELC-4, 96ELC-06, 96ELC-08, 2000ELC-05, 2006ELC-01]

Charitable contributions are those made to a charity that has been designated as exempt from federal income taxation under subsection 501(a) and described in subsections 501(c)(3), 501(c)(4), 501(c) (8), 501(c)(10) or 501(c)(19) of the Internal Revenue Code, or to any charity approved by advisory opinion of the Ohio Elections Commission. [R.C. 3517.08(G)]

Credit Cards

An LCF may use a credit card to purchase goods and services on behalf of the fund. If the LCF pays the credit card company directly, then each credit card purchase should be listed separately as an expenditure on form 31-B, Statement of Expenditures, or on form 31-F, Statement of Expenditures for a Social or Fund-Raising Event, with the vendor name, address, date and amount of purchase. The credit card statement or memo should be attached to the report along with a copy of the canceled check to the credit card company. If an individual used a credit card and seeks reimbursement from the LCF for the purchases, then the reimbursement expenditure is reported on the expenditure form. [OAC 111-5-14]

The treasurer must obtain receipts for all reimbursements issued in order to verify the legitimacy of each campaign expense. The underlying documentation for an expenditure may be requested by a county board of elections or the secretary of state.

Independent Expenditures

An independent expenditure is one that is made in support of or in opposition to either a candidate or a ballot issue without the consent of, and not in coordination, cooperation or consultation with, or at the request of or suggestion of, the candidate or ballot issue. Such expenditures are reported by the entity that makes them, but not by the benefited committee. [R.C. 3517.01(B)(17), 3517.105; OAC 111-3-02, 111-3-03]

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In-Kind Contributions Made

An in-kind contribution is a non-monetary contribution of goods or services that was made with the consent of, in coordination or cooperation with, or at the request or suggestion of, the benefited candidate, fund or party. An LCF may contribute to a candidate’s campaign committee any item or service it has purchased rather than, or in addition to, making a monetary contribution. For example, an LCF may have purchased a large block of radio airtime at a particular radio station. When the LCF gives a portion of this asset to a campaign committee, an in-kind contribution has been made by the LCF and received by the campaign committee. Therefore, both entities have a responsibility to disclose this transaction.

Receipts

Every expenditure in excess of $25 must have a corresponding canceled check or receipt photocopy attached to the report. A paid receipt is one that has been marked “PAID” by the vendor. If canceled checks are not returned or provided by the banking institution of the LCF, a copy or printout of the campaign committee’s bank account will suffice for the receipt requirement so long as the name of the vendor, date of transaction and amount of the expenditure are all provided. [R.C. 3517.10(D); OAC 111-5-14; OEC Advs. 87ELC-03 and 87ELC-12]

Reimbursement of Campaign Expenses

Campaign related expenses incurred by employees or volunteers may be reimbursed by the LCF if they are legitimate and verifiable prior expenses and not otherwise prohibited by law. The LCF may not advance funds to a candidate, employee or volunteer; the expense must be incurred prior to reimbursement. The treasurer must obtain receipts for all reimbursements issued in order to verify the legitimacy of each campaign expense. Reimbursements for items or services purchased on behalf of the committee that are not reimbursed during the reporting period must be reported as outstanding debt. [R.C. 3517.13(O)]

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REPORTING Disclosure of campaign finance activity is a crucial element in monitoring compliance with and effectiveness of Ohio’s campaign finance laws and regulations. When a report is filed, it must be a full, true and itemized accounting of contributions and expenditures for the reporting period.

Corrections and Amendments

When a correction is necessary or additional information is obtained by the LCF or required by the secretary of state relating to a report that has already been filed, an amended report must be filed. Amendments filed on paper consist of only corrections to previously submitted information or additional information. The amendment should include either a report cover page or a cover letter clearly indicating the name of the LCF and what report is being amended. Amendments filed electronically consist of all report data – both that which was originally filed and new or modified records.

When an error is found, or when checks are received that could not earlier be attached to a report, the amendment should be filed immediately. When an auditing authority requests additional information or a correction to a report, the LCF has 21 days to provide the information or correction. [R.C. 3517.11(B); OAC 111-5-08, 111-5-09]

Fund-Raiser Exemption

Individual contributions totaling $25 or less per person received at a specific fund-raising activity do not need to be itemized (listed by person) within a report. These contributions should be reported as a single line item with an aggregate amount on form 31-E, Statement of Contributions Received at a Social or Fund-Raising Event. Also, in-kind contributions totaling $300 or less from one contributor at a single fund-raising activity need not be itemized. These contributions should be reported as a single line item with an aggregate amount on form 31-J-1, Statement of In-kind Contributions Received. However, in both instances, the treasurer is responsible for keeping itemized records of any of these contributions, in case such records are requested by the secretary of state. [R.C. 3517.10(B)(4)(e)]

Record Retention

LCFs must keep their records for six years. The secretary of state must also keep all paper reports filed with them for six years. The secretary of state must keep all reports filed by electronic means of transmission for six years. [R.C. 3517.10(D), 3517.106 (D); OAC 111-5-14]

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Excess Funds

The amount of contributions that may be retained after the general election by an LCF is limited to $193,154.741. Excess amounts are determined as of the close of business on the seventh day before the post-general election statement is filed. Any excess money retained by an LCF must be disposed of within 90 days after the filing of the post-general election campaign finance report. The excess money can be given to either the Ohio Elections Commission fund, individual contributors up to the amount of their contribution, or certain 501(c) nonprofit corporations. The LCF must file a report on the 90th day disclosing its balance on hand at the close of business on the seventh day before the post-general election statement is filed, and attesting that the excess funds were disposed of according to law, and any other information required by the secretary of state. [R.C. 3517.102(E)]

1This amount is valid until February 25, 2011. All amounts specified in R.C. 3517.102 are adjusted for inflation in January of each odd-numbered year. [R.C. 3517.104]

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POLITICAL PARTY ACCOUNTS

What is a Political Party

A major political party is any group of voters that garners and maintains at least 20% of the total vote in a gubernatorial or presidential election. Both the Democratic party and the Republican party are major political parties in the state of Ohio. In addition to having a statewide party apparatus, each major political party has separate, local organizations in each of Ohio’s 88 counties. [R.C. 3517.01 (A)]

ACCOUNT TYPES A political party may have several basic types of accounts. They include:

»» building account

»» general political account

»» restricted funds account

»» state candidate fund

»» judicial account

»» Levin account (state party only)

Except for a judicial account, each of these accounts requires a separate bank account and designation of treasurer.

Building Account

Building account funds may be used only for the construction, renovation or purchase of office facilities that are not used solely for the purpose of influencing the election of any individual candidate in any particular election for any office. Any person may make a gift to a state or county political party building account. Funds in a building account must be kept in a separate bank account because contributions may be accepted directly from corporations doing business in Ohio. Each corporate gift of money may not exceed 10% of the cost of the construction, renovation or purchase. The building account fund may not be used for the operating, leasing or rental costs of the office, only the construction, renovation or purchase of office facilities. [R.C. 3517.101; OEC Adv. 2000ELC-04]

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General Political Account

The general political account is the fund used by a state or county political party to support candidates not subject to the state contribution limits, such as candidates for mayor, city council or county commissioner. This account is also known as the local political account or the non-state candidate fund. However, a county political party in a county with a population less than 150,000 may support certain candidates from the general political account, but at a very low dollar limit. Currently, the limitation is $2,848.89 per election period. See State Candidate Fund section on next page for more detail.

Restricted Funds

A county or state party shall deposit any funds received from the Ohio political party fund (also known as tax check off or public funds money) into its restricted fund. Political parties may also deposit other funds into this account, including gifts from corporations or labor organizations, as long as those gifts do not exceed $10,000 per calendar year. [R.C. 3517.1012, 3517.13(X)]

Money in the restricted fund may not be used for supporting or opposing specific candidates, to influence the outcome of any candidate or issue election, to pay party debts incurred as a result of elections, or to make payment in excess of the market value of the item or service received for payment. Restricted funds money may be used for party headquarters, including staff salaries, get- out-the-vote campaigns, administration costs for party fund-raising drives, computers, or for direct mailings that do not target a particular candidate or issue. [R.C. 3517.18]

A county or state party must report its restricted fund activity at the semiannual and annual reporting deadlines. A county or state political party restricted fund report must be filed by electronic means with the secretary of state if the fund has accepted any gifts from a corporation or labor organization. The secretary of state or the county board of elections review a restricted funds deposit and disbursement statements to ensure they were filed on time and completed in full. Because some of the restricted funds could be derived from tax dollars, the auditor of state reviews these reports to determine that the funds were spent in accordance with law. [R.C. 3517.1012, 3517.17]

5-4 Ohio Secretary of State’s Office Chapter 5: Political Party Accounts

State Candidate Fund

A state candidate fund is used to support statewide and general assembly candidates. A state political party must use this fund to support its statewide or general assembly candidates. A county political party in a county that has a population of 150,000 or more must establish a separate state candidate fund in order to support statewide or general assembly candidates. A county political party affiliated with a county having a population of less than 150,000 may establish a state candidate fund, but is not required to do so.

If a county political party affiliated with a county having a population of less than 150,000 does not establish a state candidate fund, it may still support statewide or general assembly candidates, but may do so only at a reduced monetary level. Currently, the limitation is $2,848.89 per election period.

A county political party’s state candidate fund may not accept contributions from any of the following sources: The following counties have »» A political action committee (PAC). populations above the »» A political contributing entity (PCE). 150,000 threshold pursuant to the 2008 »» Any individual whose designated Ohio residence is State and County outside the county. Characteristic »» A campaign committee of a candidate whose name population estimate will not appear on the ballot in that county or does of the US Census not represent all or part of the county as an elected Bureau: public office holder. Butler Clermont »» Another county political party state candidate fund. Cuyahoga Delaware »» Any county or state political party non-state Franklin Greene candidate fund, such as a general political account Hamilton Lake or restricted fund. Licking Lorain Lucas Mahoning [R.C. 3517.102(C)(4)(a)(i)] Medina Montgomery Portage Stark All contributions made by all county political party state Summit Trumbull candidate funds shall be aggregated together for the purpose Warren of determining a statewide or general assembly candidate’s contributions limits. [R.C. 3517.102 (A) and (B); OAC 111-1-10]

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Judicial Account

Although it is not addressed in Title 35 of the Revised Code, a judicial account is an option available to a political party for the purpose of making one or more contributions to the campaign committee of a candidate for judicial office. The Ohio Supreme Court has adopted a Code of Judicial Conduct that governs candidates for judicial office. Pursuant to Rule 4.4 of the Code, the campaign committee of a judicial candidate is prohibited from receiving a contribution from a political party, unless the contribution is made from a separate fund established by the political party solely to receive donations for judicial candidates.

For more information on judicial candidate regulations, including access to read or download the Code of Judicial Conduct, please visit the Ohio Supreme Court’s Web site: www.supremecourt.ohio.gov/Judiciary/candidates

Levin Account

A Levin account is a fund that only a state political party may establish. Levin account funds may be used for voter registration, voter identification, get-out-the-vote or generic campaign activities that would not otherwise be considered a contribution or expenditure. Levin account funds may not be used to influence the election of any individual candidate. Corporations or labor organizations may make a gift to a Levin account not to exceed $10,000 per calendar year and only in years in which a candidate for federal office will appear on the ballot. Levin account activity is reported at the semiannual and annual reporting deadlines. These reports must be filed by electronic means with the secretary of state. [R.C. 3517.1013]

Where to File Reports

Statewide political parties file their reports with the secretary of state. County political parties file most of their reports with the county board of elections. County political party state candidate funds and county political party restricted funds that have received deposits from a corporation or labor organization must file their reports by electronic means with the secretary of state. [R.C. 3517.11(A), 3517.106(E)(3), 3517.1012(B)]

When to File Reports

Reports are due based on the nature and timing of the activity in which the party engages. A political party is required to file pre- or post-election reports only when the party has activity supporting or opposing candidates or ballot issues appearing on the ballot.

Filing dates refer to the date that the report is received by the county boards of elections or the secretary of state, not the postmark date.

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There are four types of reporting deadlines:

A pre-election report is due by 4:00 p.m., 12 days before an election if the party had activity to influence that election and if $1,000 or more was spent or received between the time the last report was filed and the 20th day before the election. [R.C. 3517.10(A)(1)]

A post-election report is due by 4:00 p.m., 38 days after the election if the party had activity to influence that election between the time the last report was filed and the 31st day after the election. [R.C. 3517.10(A)(2)]

A semiannual report is due by 4:00 p.m. on the last business day of July if the party was not required to file a report after the immediately preceding primary election. It should cover the time period since the last report through the last day of June. A semiannual report should only reflect the activity that has occurred since the last report was filed. [R.C. 3517.10(A)(4)]

An annual report is due by 4:00 p.m. on the last business day of January if the party was not required to file a report after the immediately preceding November election. It should cover the time period since the last report through the last day of December. An annual report should reflect only the activity that has occurred since the last report was filed. [R.C. 3517.10(A)(3)]

The restricted funds (formerly public funds), Levin accounts and building fund reports are filed only as semiannual and annual reports. [R.C. 3517.10(A), 3517.101, 3517.102, 3517.103, 3517.17]

Report Forms

All reporting forms, along with instructions for their use, are available at the secretary of state’s Web site: www.sos.state.oh.us

Filers may choose to download the forms and use them for creating reports eligible for filing in paper form. Filers may choose to create their own forms for use in paper filing, with the approval of the secretary of state’s office, as long as they are substantially similar to the forms prescribed by the secretary of state’s office. [OAC 111-5-11]

Filers seeking the approval of alternative paper forms may direct their request, along with a sample of each of the alternative forms, to:

OHIO SECRETARY OF STATE CAMPAIGN FINANCE DIVISION 180 E. BROAD ST. 15TH FLOOR COLUMBUS, OH 43215

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GENERAL RULES

Treasurer’s Duties and Liability

The treasurer is legally responsible for keeping detailed records of everything received by or given to the political party fund. Each report must contain a statement that the report is correct, subject to the penalty for election falsification. Whoever commits election falsification is guilty of a fifth degree felony. The cover page of every report filed must be signed by the treasurer or deputy treasurer. A treasurer must retain accurate records of all activity for six years. [R.C. 3517.081, 3517.10, 3517.13, 3517.992(A), 3599.36; OAC 111-5-12, 111-5-14]

Anonymous Contributions

Contributors may not remain anonymous by request. If a donor does not want to be identified, then the contribution should not be made. However, if an anonymous contribution is received, then efforts must be made by the party receiving it to identify the donor. If the efforts are unsuccessful, then the contribution should have an explanation of the circumstances that caused it to be anonymous and a description of the efforts made to determine the donor’s identity. This information should appear in the address portion of form 31-A, Statement of Contributions Received. [R.C. 3517.10 (C)(2)]

Cash Contribution Limits

A contributor, including the candidate, may not give more than $100 per election in cash. Cash includes only currency or coin. [R.C. 3517.13(F); OAC 111-5-06]

Contribution Limits

The amounts that some of the political party funds may contribute or accept are shown on the contribution limit chart. The limits to statewide or legislative candidates are based on the contributions having been made to designated state campaign committees. These are, in the case of the contributions to or from a state political party state candidate fund, a campaign committee of a statewide candidate, statewide officeholder, candidate for or member of the general assembly.

In the case of contributions to or from a county political party state candidate fund, a designated state campaign committee is the campaign committee of a statewide candidate, statewide officeholder, state senate candidate or state house of representatives 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. [R.C. 3517.102(A)(9)]

5-8 Ohio Secretary of State’s Office Chapter 5: Political Party Accounts

A county political party, or its state candidate fund when required, is only permitted to make a contribution to a campaign committee of a candidate for the state senate or state house of representatives when the candidate’s legislative district lies, in whole or in part, within the party’s county. A county with a population of less than 150,000 that has no state-candidate fund may make contributions to any statewide candidate or any candidate for the state senate or state house of representatives whose district lies, in whole or in part, within the party’s county in the amount of $2,848.891 per election period. [R.C. 3517.102 (A)(9), (B)(6)]

Deposit of Contributions and Other Income

All contributions or other monetary income must be deposited in an account within 30 days of receipt or returned to the donor without having been deposited. A contribution that is clearly illegal must be returned and not deposited. A contribution that appears on its face to be legal (e.g., not from a foreign national, corporation, or in excess of contribution limits) may be deposited and used by the political party.

Contributions that appear questionable may be deposited, but not spent. The treasurer must make a good-faith effort to determine the legality of the contribution. If, within 30 days of receipt, it cannot be determined that the contribution is legal, it must be returned.

If a contribution is kept that is later found to be illegal, then the political party fund must refund it within 10 days of the discovery. [OAC 111-5-12]

Contributions from Minor Children

Political parties are prohibited from knowingly accepting a contribution from an individual who is under seven years of age. [R.C. 3517.102 (C)(4)]

Partnerships/Unincorporated Associations

Contributions received from partnerships or unincorporated associations must reflect both the name of the entity and the individual making the contribution. Incorporated professional associations and limited liability companies are considered unincorporated associations or, if applicable, partnerships. Contributions may be transmitted by these entities but must include, at the time of the distribution, detailed information on the allocation of the contribution amount among the owners or partners of the unincorporated association or partnership. No contribution from a partnership or other unincorporated business may be accepted, deposited or used unless the recipient has the allocation information necessary to itemize the contribution by the partner(s), owner(s) or member(s). [R.C. 3517.10(I); OAC 111-5-20; OEC Adv. 96ELC-03]

1 This amount is valid until February 25, 2011. All amounts specified in R.C. 3517.102 are adjusted for inflation in January of each odd-numbered year. [R.C. 3517.104]

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Contributor Address Exemption

Political parties are not required to include the addresses of contributors within their reports. [R.C. 3517.10(B)(4)(b)]

Employer/Occupation Disclosure

When a state or county political party is required to file its campaign finance report by electronic means, the party is also required to provide the employer information for all contributions greater than $100 received from individuals. If the individual is self-employed, then the occupation and name of the business, if any, must also be disclosed.

Independent Expenditures

Any expenditure by a political party for the purpose of financing communications advocating the election or defeat of a candidate for judicial office should be reported by the political party as an independent expenditure on form 31-U and not as an in-kind contribution made. [R.C. 3517.105(D)]

Expenditure Verification

The 3 primary Every expenditure in excess of $25 must have a corresponding canceled check or receipt photocopy pieces of data attached to the report. A paid receipt is one that has been needed to meet marked “PAID” by the vendor. In addition, the secretary the expenditure of state or the county board of elections may request a log verification are: for certain items, such as mileage reimbursements, so that the expenditure and its appropriateness may be verified. »»Name of payee If canceled checks are not returned or provided by the banking institution of the political party, a copy or printout »»Date of expenditure of the political party’s bank statements will suffice for the receipt requirement so long as the name of the vendor, »»Amount of expenditure date of transaction and amount of the expenditure are all provided. Additionally, printouts of cancelled check images as provided by the political party’s banking institution satisfy the expenditure verification requirement. [R.C. 3517.10(D); OAC 111-5-14; OEC Advs. 87ELC-03 and 87ELC-12]

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Record Retention

Committees must keep their records for six years. The boards of elections and the secretary of state must also keep all reports filed with them for six years. This requirement includes all bank records (including deposit records), reports, amendments, correspondence, receipts, logs, invoices and notices. [R.C. 3517.10(C), (D); OAC 111-5-14]

Closing an Account

A political party account must have a zero balance, no outstanding debts and no outstanding loans before it can terminate. When these criteria have been met, a committee must file a final report. This report should list all activity, if any, that has occurred since the previous report. The termination box must also be marked when the committee wants to terminate. There is no separate form for terminating. [R.C. 3517.10(A)]

Because the Restricted Fund must be established to receive and use monies from the Ohio political party fund (also known as tax check off or public funds money), it is unlikely a political party can terminate its Restricted Fund.

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POLITICAL ACTION COMMITTEES

What is a Political Action Committee (PAC)

A combination of two or more persons, the primary or major purpose of which is to support or oppose any candidate, political party, or issue, or to influence the result of any election through express advocacy.

A PAC does not include candidate committees, legislative campaign funds, political parties, political contributing entities or political clubs.

To determine whether a purpose is a primary or major purpose, the following should be considered:

»» Whether the combination of two or more persons receives money or any other thing of value in a common account for the specific purpose of supporting or opposing any candidate, political party, legislative campaign fund, political action committee, political contributing entity or ballot issue.

»» Whether the combination of two or more persons has or will make a continuing pattern of expenditures from a common account to support or oppose any candidate, political party, legislative campaign fund, political action committee, political contributing entity or ballot issue.

»» Whether the combination of two or more persons constitutes an entity that was not in existence prior to supporting or opposing any candidate, political party, legislative campaign fund, political action committee, political contributing entity or ballot issue.

»» Whether the total dollar value of the combination of two or more persons’ activity described in the above paragraphs during a calendar year exceeds $100. [R.C. 3517.01(B)(8); OAC 111-1-02(K)(1)]

A “combination of two or more persons” does not include persons making separate individual contributions to the same campaign committee, political party or other entity. [OAC 111-1-02 (K)(2)]

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TYPES OF PACS Corporate PACs

A corporation may sponsor a PAC and pay its administrative, establishment or solicitation costs. Corporations may not give and a corporate PAC may not accept money or property from the corporation for use by the corporate sponsored PAC in supporting or opposing candidates or another partisan political purpose. The Ohio Administrative Code gives detailed information on corporate PAC activity, including reporting and disclosure requirements; corporate payments of the administrative, establishment and solicitation expenses of its PAC; social and fund raising requirements; permitted communications between the corporation and its PAC; and prohibited uses of corporate money or property. [R.C. 3517.082, 3599.03; OAC 111-4-01 through 111-4-08]

Federal, State and Local PACs

A PAC registered with the Federal Election Commission (FEC) may use its federal PAC account to make Ohio non-federal disbursements. Such PACs are called federal, state and local PACs (FSLs). Before such a disbursement is made, the FSL PAC must register with the secretary of state’s office by filing a copy of its most recent Statement of Organization, a federal form. Thereafter, whenever information listed on the form changes, a copy of the revised form must be filed with the secretary of state at the same time it is filed with the FEC. Whenever an FSL PAC files a report that includes Ohio non-federal activity, a copy of that same report must be filed with the secretary of state. The only necessary pages are the summary page, the detailed summary page and any disbursement pages that reflect Ohio non-federal activity. FSL reports must be postmarked by federal, not Ohio, reporting deadlines.

The campaign committees of a candidate for federal office wishing to make expenditures to Ohio non-federal candidate committees, Ohio PACs or Ohio PCEs, legislative campaign funds, state political party funds or county political party funds must first register as an FSL PAC before making such expenditures. The PAC is then subject to the reporting requirements and contributions limits of any other FSL PAC. [R.C. 3517.107; OAC 111-1-08]

If an FSL makes a contribution during a calendar year from its federal account in connection with a state or local election in Ohio to an affiliated state or local PAC, then the FSL must file form 31-R, Ohio Residents Receipt Report with the secretary of state by the last business day in January of the next calendar year. The statement shall list the name(s) and addresses of each contributor residing in Ohio that made contributions to the FSL during the calendar year covered by the statement. The statement shall also list the aggregate amount of each contributor’s contribution received during that calendar year.

This information is not intended to address federal filing and disclosure requirements as enforced by the Federal Election Commission (FEC). Contact the FEC for additional federal filing information. The phone numbers for the FEC are (800) 424-9530 and (202) 694-1000. The FEC Web site is: www.FEC.gov

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Labor Organization PACs

A labor organization may sponsor a PAC and pay its administrative, establishment or solicitation costs. Labor organizations may not give and a labor organization PAC may not accept money or property from the labor organization for use by the labor organization sponsored PAC in supporting or opposing candidates or another partisan political purpose. The Ohio Administrative Code gives detailed information on labor organization PAC activity, including reporting and disclosure requirements; labor organization payments of the administrative, establishment and solicitation expenses of its PAC; social and fund raising requirements; and prohibited uses of labor organization money or property. [R.C. 3517.082, 3599.03; OAC 111-4-01 through 111-4-08]

Labor organizations may also operate as a political contributing entity, or PCE. For more information, see Chapter 7, Political Contributing Entities.

Non-Ohio PACs

Any non-Ohio PAC wishing to receive contributions and make expenditures to influence state or local elections in A non-Ohio, non- Ohio and that is not registered with the Federal Election federal political Commission must comply with Ohio laws and rules action committee regulating PACs. Therefore, prior to receiving contributions cannot transfer, or making expenditures, the entity must file form 30-D, or “bring in”, Designation of Treasurer. Contributions raised prior to the filing of the Designation of Treasurer may not be transferred contributions which into the Ohio-registered PAC. Similar to any other Ohio PAC, were not raised expenditures made to influence Ohio state or local elections under Ohio law. must be itemized on form 31-B, Statement of Expenditures. Expenditures made to influence elections outside of Ohio do not need to be itemized. These expenditures may be listed on the Statement of Expenditures under the label, “Non-Ohio Activity” with a lump sum aggregate amount. Copies of canceled checks or paid receipts for Ohio-related expenditures over $25 must be provided. Any campaign committee, political action committee, political contributing entity, legislative campaign fund or political party that receives a contribution from a non-Ohio PAC prior to the entity’s filing of a Designation of Treasurer shall be required to return the contribution to the non-Ohio PAC. [R.C. 3517.10(D); OAC 111-5-03; OEC Adv. 2006ELC-03]

Political Clubs

A political club is not a PAC, and is not required to file a Designation of Treasurer or campaign finance reports. A political club is formed primarily for social purposes and that consists of one hundred members or less, has officers and periodic meetings, has less than $2,500 in its treasury at all times and makes an aggregate total contribution of $1,000 or less per calendar year. Please see Chapter 1, Definitions, for more information. [R.C. 3517.01(B)(8)(b)]

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What to Do First

Before receiving contributions or making expenditures, a Political Action Committee (PAC) must file form 30-D, Designation of Treasurer. This form is considered a “registration” form. It includes basic information such as the treasurer’s name and address and the name of the PAC.

PACs organized only to support or oppose a ballot issue should refer to Chapter 8, Ballot Issue Committees.

The PAC’s name must include the name of its sponsoring organization, if any. PAC checks must contain the full name and address of the PAC, and, if the PAC files with the secretary of state, then it must also include its assigned registration number. [R.C. 3517.10 (D) and (E); OAC 111-1-04]

Bank Account

A PAC must establish a bank account that is separate from a personal or business account of the candidate or of a member of the candidate’s campaign committee. All monetary contributions received must be deposited into this account. Contributions may not be placed in a candidate’s personal or business account. All expenses paid from this account must be disclosed. [R.C. 3517.10]

A federal identification number may be required by the committee’s chosen financial institution. This number is issued by the Internal Revenue Service upon request.

Where to File Reports

Where reports are filed is based on the PAC’s activity. Generally, PACs that contribute to county political parties, local candidate campaign committees, or local ballot issue committees will file the PAC’s campaign finance reports with the local county board of elections. PACs that contribute to candidates seeking election to a district office, other than a candidate for member of the general assembly, or a ballot issue to be submitted to a multi-county district will file campaign finance reports with the board of elections in the most populous county of that district. A PAC that makes contributions to candidates for member of the general assembly, statewide candidate, statewide ballot issues, state political parties or to other PACs which contribute to those candidates or issues will file its campaign finance reports with the secretary of state. All entities filing campaign finance reports with the secretary of state’s office are subject to mandatory electronic filing. [R.C. 3517.11(A); 3517.106]

With the exception of PACs that are registered with the Federal Election Commission in Washington, D.C., PACs file their reports in only one location. PACs that want to spend money in regard to federal elections should contact the Federal Election Commission for its requirements. If a PAC wishes to engage in both federal and non-federal activity, see the federal PAC section later in this chapter.

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A PAC that must change its place of filing does so by first filing a new form 30-D, Designation of Treasurer. The original form should be filed with the new place of filing. A photocopy should be sent to the prior place of filing with a notation or letter clearly indicating that the photocopied form is intended as a termination.

When to File Reports

PAC reports are due based on the nature and timing of the activity in which the PAC engages. The reporting clock begins based upon the PAC activity and whether that activity is to influence a future or recent election. All reports must be physically received by the secretary of state or county board of elections in order to be considered timely filed. A report postmarked, but not received by the deadline, is a late filing, and the PAC must be referred to the Ohio Elections Commission.

There are four types of reporting deadlines: A PAC may choose A pre-election report is due by 4:00 p.m. 12 days before to file a pre-election an election if the PAC spent or received $1,000 or more to report even if total influence that election between the time the last report was filed and the 20th day before the election. contributions and expenditures are [R.C. 3517.10(A)(1); OAC 111-5-04] below the $1,000 Examples: threshold. A PAC raises $1,200 and spends $875 in a pre- election period. The PAC made a $500 contribution to a campaign committee whose candidate will appear on that election’s ballot. Because the PAC made a contribution to influence the election and had more than $1,000 in contributions in the pre-election period, the PAC must file a pre-election report.

A PAC raises $25,000 and spends $400 in a pre-election period. None of the expenditure activity went to support or oppose any candidate or issue on that election’s ballot. Because the PAC had no activity to influence the result of the election, a pre-election report is not due.

A post-election report is due by 4:00 p.m. 38 days after the election if the PAC received contributions or made expenditures to influence that election between the time the last report was filed and the 31st day after the election.

[R.C. 3517.10(A)(2); OAC 111-5-04]

Examples:

A PAC raises $500 and spends $25 in a post-election period. The PAC made a $25 contribution to a campaign committee whose candidate appeared on that election’s ballot. Because the PAC made an expenditure to influence the election, the PAC must file a post-election report.

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A PAC raises $40,000 and spends $1,400 in the combined pre- and post-election reporting periods. None of the PAC’s expenditure activity in both the pre-election and post-election reporting periods have been to campaign committees whose candidate appeared on the ballot or to issues appearing on the ballot. Therefore, because the PAC had no ballot-related activity, neither a pre-election nor a post- election report is due.

A semiannual report is due by 4:00 p.m. on the last business day of July if the PAC was not required to file a report after the immediately preceding primary election. It should cover the time period since the last report through the last day of June. A semiannual report should only reflect the activity that has occurred since the last report was filed. [R.C. 3517.10(A)(4)]

An annual report is due by 4:00 p.m. on the last business day of January if the PAC was not required to file a report after the immediately preceding November election. It should cover the time period since the last-filed report and through the last day of December. An annual report should reflect only the activity that has occurred since the last previous report was filed. [R.C. 3517.10(A)(3); OAC 111-5-04]

The rules described in the pre-election and post-election sections above apply regardless of when an election is held. For example, a PAC may have activity in regard to a special election in February, a statewide primary in May, or a municipal primary, pursuant to a municipal charter, at a different time. Any of these elections may, based on the PAC’s activity, trigger the “12-day before” or “38-day after” rule.

The purpose of a contribution to the PAC or the use of that contribution are the keys to determining whether a report will be required. The need for pre- and post-election reports will be determined by whether the PAC will be using the contribution to influence a particular election. Making a contribution to a political party generally means that the contribution will be used to influence whatever election is imminent. [R.C. 3517.01(B)(5), (6)]

If a required report is filed late, then the county board of elections or the secretary of state must refer the PAC to the Ohio Elections Commission. The commission determines if a fine should be imposed. [R.C. 3517.11]

Report Forms

All reporting forms, along with instructions for their use, are available at the secretary of state’s Web site: www.sos.state.oh.us

Filers may choose to download the forms and use them for creating reports eligible for filing in paper form. Filers may choose to create their own forms for use in paper filing, with the approval of the secretary of state’s office, as long as they are substantially similar to the forms prescribed by the secretary of state’s office. [OAC 111-5-11]

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Filers seeking the approval of alternative paper forms may direct their request, along with a sample of each of the alternative forms to:

OHIO SECRETARY OF STATE CAMPAIGN FINANCE DIVISION 180 E. BROAD ST., 15TH FLOOR COLUMBUS, OH 43215

GENERAL RULES

Treasurer Duties and Liability

The treasurer of a PAC is legally responsible for keeping detailed records of everything received, given or expended. The cover page of every report filed should be signed by the treasurer or deputy treasurer. Each report must contain a statement that the report is correct, subject to the penalty for election falsification. [R.C. 3517.10(C), (D); 3599.36; OAC 111-5-12, 111-5-14]

Sponsors

The sponsor of a PAC is the organization that establishes or gives administrative support to the PAC. PACs sponsored by corporations should see the section on corporate PACs for more information. PACs sponsored by labor organizations should see the section on labor organization PACs for more information. More information regarding what a corporation or labor organization may do on behalf of its sponsored PAC can be found in Chapter 9, Corporations and Labor Organizations. [R.C. 3517.082; OAC 111-04-01 through 111-4-08]

Membership

Membership in a PAC is determined by the rules and bylaws of the PAC. In determining whether a PAC meets the qualifications of a “Limited PAC” for the purpose of special disclaimer rules, see Chapter 12, Disclaimers. A “member” for the purpose of the disclaimer requirements is defined as anyone who makes one or more contributions to the PAC. [R.C. 3517.105, 3517.20; O.A.C 111-1-02]

Ohio Secretary of State’s Office 6-9 Ohio Campaign Finance Handbook

Affiliation Between Separate PACs

A PAC is affiliated with another PAC 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. [R.C. 3517.102(D); OAC 111-1-02(H)]

Registration Number

All statewide PACs are issued a registration number by the secretary of state. Every report submitted and every check issued by a statewide PAC should bear the registration number of the PAC issuing the check or filing the report. [R.C. 3517.10(D)(1)]

Checks

Any check that a PAC uses to make a contribution or to make an expenditure must contain the full name and address of the committee. If the PAC files with the secretary of state, then it must also include its assigned registration number. [R.C. 3517.10(E)(4)]

A non-Ohio, non- CONTRIBUTIONS federal political Generally speaking, the value of all contributions received action committee by a campaign committee must be disclosed. With the cannot transfer, exception of those received at a fundraising event, all or “bring in”, contributions must be separately itemized. The primary elements for complete disclosure of a contribution are the contributions which name and address of each contributor as well as the date were not raised and amount of each contribution. under Ohio law.

Anonymous Contributions

Contributors may not remain anonymous by request. If a donor does not want to be identified, then the contribution should not be made. However, if an anonymous contribution is received, then efforts must be made by the PAC receiving it to identify the donor. If the efforts are unsuccessful, then the contribution should have an explanation of the circumstances that caused it to be anonymous and a description of the efforts made to determine the donor’s identity. This information should appear in the address portion of form 31-A, Statement of Contributions. [R.C. 3517.10 (C)(2)]

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Cash Contribution Limits

A contributor may not give more than $100 per election in cash. Cash includes only currency or coin. [R.C. 3517.13(F); OAC 111-5-06]

Contribution Limits

The amounts that PACs may contribute or accept is shown on the contribution limit chart. Contributions from one PAC to an affiliated PAC are not subject to contribution limits. However, contributions made from affiliated PACs are considered to have been made from a single PAC. [R.C. 3517.102]

In-Kind Contributions

An in-kind contribution is a non-monetary contribution of goods or services that was made with the consent of, in coordination or cooperation with, or at the request or suggestion of the benefited PAC. Examples include receiving postage or signs, receiving rent-free office space, having personnel assistance compensated by a third party, or having a third party buy media advertising on behalf of the PAC. [R.C. 3517.01(B)(16)]

Contributions from Minor Children

PACs are prohibited from knowingly accepting contributions from any individual under the age of seven. [R.C. 3517.102 (C)(7)]

Partnerships/Unincorporated Associations

Contributions received from partnerships or unincorporated associations must reflect both the name of the entity and the individual making the contribution. Incorporated professional associations and limited liability companies are considered unincorporated associations or, if applicable, partnerships. Contributions may be transmitted by these entities but must include, at the time of the distribution, detailed information on the allocation of the contribution amount among the owners or partners of the unincorporated association or partnership. No contribution from a partnership or other unincorporated business may be accepted, deposited or used unless the recipient has the allocation information necessary to itemize the contribution by the partner(s), owner(s) or member(s). [R.C. 3517.10(I); OAC 111-5-20; OEC Adv. 96ELC-03]

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Public Employee Solicitations

Public employees may not solicit contributions or be solicited for contributions while performing their official duties or while they are in those areas of a public building where official business is transacted or conducted. The term “public employee” does not include any person holding an elective office. [R.C. 3517.092(F)]

Deposit of Contributions and Other Income

All income must be deposited in an account within 30 days of receipt or returned to the donor without having been deposited. A contribution that is clearly illegal must be returned and not deposited. A contribution that appears on its face to be legal (e.g., not from a foreign national, corporation, or in excess of contribution limits) may be deposited and used by the PAC.

Contributions that appear questionable may be deposited, but not spent. The treasurer must make a good-faith effort to determine the legality of the contribution. If, within 30 days of receipt, it cannot be determined that the contribution is legal, then it must be returned. If a contribution is kept that is later found to be illegal, then the PAC must refund it within 10 days of the discovery. [OAC 111-5-12]

EXPENDITURES

Independent Expenditures

An independent expenditure is an expenditure that is made in support of or in opposition to either a candidate or a ballot issue without the consent of, and not in coordination, cooperation or consultation with, or at the request or suggestion of the candidate or ballot issue. Such expenditures are reported by the PAC that makes them, but not by the benefited committee. [R.C. 3517.01(B)(17), 3517.105; OAC 111-3-02, 111-3-03]

Permissible Use of Funds

PACs may use their contributions only in ways that match the definition of expenditure, as defined in R.C. 3517.01(B)(6), or to refund excess or illegal contributions. This means that PACs are allowed to spend money and make in-kind contributions in a manner intended to influence an election or to make a charitable contribution. Charitable contributions are those made to a charity that has been designated as exempt from federal income taxation under subsection 501(a) and described in subsections 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10) or 501(c)(19) of the Internal Revenue Code or to any charity approved by advisory opinion of the Ohio Elections Commission. [R.C. 3517.08(G)]

No person may convert for personal or business use anything of value from a PAC’s funds. [R.C. 3517.13(O)]

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PACs may not make any refund of any contribution unless the purpose is to refund a contribution in excess of the applicable contribution limit or to refund a contribution that has been determined to be illegal. [OEC Adv. 99ELC-03]

Expenditure Verification Every expenditure in excess of $25 must have a The 3 primary corresponding canceled check or receipt photocopy pieces of data attached to the report. A paid receipt is one that has been needed to meet marked “PAID” by the vendor. In addition, the secretary of state or the county board of elections may request a log the expenditure for certain items, such as mileage reimbursements, so that verification are: the expenditure and its appropriateness may be verified. If canceled checks are not returned or provided by the »» Name of payee banking institution of the PAC, a copy or printout of the campaign committee’s bank statements will suffice for the »» Date of expenditure receipt requirement so long as the name of the vendor, date of transaction and amount of the expenditure are all »» Amount of expenditure provided. Additionally, printouts of cancelled check images as provided by the PAC’s banking institution satisfy the expenditure verification requirement. [R.C. 3517.10(D); OAC 111-5-14; OEC Advs. 87ELC-03 and 87ELC-12]

REPORTING

Corrections and Amendments

When a correction is necessary or additional information is obtained by the PAC or is required by the auditing authority relating to a report that has already been filed, an amended report must be filed. Amendments consist of only corrections to previously submitted information or additional information. The amendment should include either a report cover page or a cover letter clearly indicating the name of the PAC that is filing and what report is being amended. When the error is found, or when checks are received that could not earlier be attached to a report, the amendment should be filed immediately.

When an auditing authority requests additional information or a correction to a report, the PAC has 21 days to provide the information or correction. [R.C. 3517.11(B)]

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Fund-Raiser Exemption

A political action committee must report the name, address, date and amount for each contribution received. This detail must be provided with each report filed. One exception to that rule is that contributions totaling $25 or less received at a specific fund-raising activity do not need to be itemized within a report. These contributions should be reported as a single line item with an aggregate amount on form 31-E, Statement of Contributions Received at a Social or Fund-Raising Event. Also, in-kind contributions totaling $300 or less from one contributor at a single fund-raising activity need not be itemized. These contributions should be reported as a single line item with an aggregate amount on form 31-J-1, Statement of In-kind Contributions Received. However, in both instances, the treasurer is responsible for keeping itemized records of the contribution, in case such records are requested by the auditing authority. [R.C. 3517.10(B)(4)(e)]

Payroll Deduction Exemption

A political action committee must report the name, address, date and amount for each contribution received. This detail must be provided with each report filed. An exception to that rule is provided for voluntary contributions to the PAC received via payroll deduction pursuant to R.C. 3599.031 that will aggregate $25 or less per contributor per calendar year. These contributions may be listed together in each report with the description “Voluntary contributions received via payroll deduction aggregating $25 or less per calendar year” along with the date and amount. If the contributions received from a contributor exceed an average of $2 per month, then those contributions should be itemized in the report from the beginning of the calendar year. If the PAC does not know at the beginning of the year the amount of aggregate contributions it will receive from some of its members in a year, it may be easier for the PAC to provide an itemized list of all contributions received for each report filed. This information must be provided at the time the report is filed. If the report must be filed electronically pursuant to R.C. 3517.106, then the underlying contribution information must be included in the electronically filed report. [R.C. 3517.10(B)(4)(e)]

When a PAC files a report, it must include all contributions received during that reporting period. When a PAC receives contributions via payroll deduction, the PAC is only responsible for reporting contributions that it has actually received during that reporting period. As an example, contributions that were deducted from the contributor’s pay during the Pre-Primary reporting period, but which are not be received by the PAC until the Post- Primary reporting period, do not need to be included in the Pre-Primary report. That information may be reported in the Post-Primary report. The date the PAC received the check containing the contributions would be used to determine in which report the data should be included.

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Record Retention The trend in PACs must keep their records for six years. The boards of banking practices elections and the secretary of state must also keep all reports is moving away from filed with them for six years. This requirement includes all bank records (including deposit records), reports, mailing a paper amendments, correspondence, receipts, invoices and copy of statements notices. and other account [R.C. 3517.10(C), (D); OAC 111-5-14] information. Treasurer’s should Closing the Committee download and save bank statements and With the exception of federal committees, including FSL, copies (images) of and non-Ohio committees, a PAC must have a zero balance, canceled checks each no outstanding debts and no outstanding loans before it month. may terminate. When these criteria have been met, the PAC must file a final report. This report should list all activity, if any, that has occurred since the previous report. The termination box must also be marked when the PAC desires to terminate. There is no separate form for terminating.

When a federal committee, including a FSL, that makes Ohio non-federal disbursements or a statewide non-Ohio PAC wishes to terminate, a letter stating that intent is sufficient. The zero balance is not required in such cases if the PAC indicates that it will engage henceforth only in activity outside of Ohio.

A PAC that is not terminating, but is changing its place of filing, should refer to the last paragraph in Where to File Reports. [R.C. 3517.10]

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POLITICAL CONTRIBUTING ENTITIES

What is a Political Contributing Entity?

A political contributing entity (PCE) is any entity, including a corporation or labor organization, that may lawfully make contributions and expenditures and that is not an individual, political action committee (PAC), continuing association, campaign committee, political party, legislative campaign fund (LCF), designated state campaign fund or state candidate fund. For the purposes of the definition of a PCE, “lawfully” means not prohibited by any section of the Revised Code, or authorized by a final judgment of a court of competent jurisdiction. Corporations may not currently be PCEs. Only labor organizations may make contributions and expenditures in accordance with the decision in UAW v. Philomena (1998) 121 Ohio App. 3d 760 (10th District). [R.C. 3517.01(B)(21)]

What to Do First

Before receiving contributions or making expenditures, form 30-D, Designation of Treasurer must be filed. This form is considered a “registration” form. It includes basic information such as the treasurer’s name and address and the name of the PCE. PCEs formed for the sole purpose of supporting or opposing ballot issues should refer to Chapter 8, Ballot Issue Committees. [R.C. 3517.10(D)(1)]

Where to File Reports

Where reports are filed is based on the PCE’s activity. Generally, PCEs that contribute to county political parties, local candidate campaign committees, or local ballot issue committees will file the PCE’s campaign finance reports with the local county board of elections. PCEs that contribute to candidates seeking election to a district office, other than a candidate for member of the general assembly, or a ballot issue to be submitted to a multi-county district will file campaign finance reports with the board of elections in the most populous county of that district. A PCE that makes contributions to candidates for member of the general assembly, statewide candidate, statewide ballot issues, state political parties or to other PCEs which contribute to those candidates or issues will file its campaign finance reports with the secretary of state. All entities filing campaign finance reports with the secretary of state’s office are subject to mandatory electronic filing.

A PCE that must change its place of filing does so by first filing a new Designation of Treasurer form. The original form should be filed with the new place of filing. A photocopy should be sent to the prior place of filing with a notation or letter clearly indicating that the photocopied form is intended as a termination.

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When to File Reports

PCE reports are due based on the nature and timing of the activity in which the PCE engages. The reporting clock begins based upon the PCE’s activity. All reports must be physically received by the secretary of state or board of elections to meet the filing deadline requirement. A report postmarked, but not received by the deadline, is a late filing, and the PCE must be referred to the Ohio Elections Commission. There are four types of reporting deadlines: A PCE may choose A pre-election report is due by 4:00 p.m. 12 days before to file a pre-election an election if the PCE spent or received $1,000 or more to report even if total influence that election between the time the last report was contributions and filed and the 20th day before the election. expenditures are [R.C. 3517.10(A)(1); OAC 111-5-04] below the $1,000 threshold. Examples: A PCE raises $2,300 and spends $930 in a pre- election period. The PCE made a contribution of $800 to a campaign committee whose candidate will appear on that election’s ballot. Because the PCE made a contribution to influence the election and had more than $1,000 in contributions in the pre-election period, the PCE must file a pre-election report.

A PCE raises $25,000 and spends $400 in a pre-election period. None of the expenditure activity went to support or oppose any candidate or issue on that election’s ballot. Because the PCE had no activity to influence the result of the election, a pre-election report is not due.

A post-election report is due by 4:00 p.m. 38 days after the election if the PCE received contributions or made expenditures to influence that election between the time the last report was filed and the 31st day after the election [R.C. 3517.10(A)(2); OAC 111-5-04]

Examples:

A PCE raises $800 and spends $65 in a post-election period. The PCE made a $65 contribution to a campaign committee whose candidate appeared on that election’s ballot. Because the PCE made an expenditure to influence the election, the PCE must file a post-election report.

A PCE raises $40,000 and spends $1,400 in the combined pre- and post-election reporting periods. None of the PCE’s expenditure activity in either the pre-election or post-election reporting periods have been to campaign committees whose candidate appeared on the ballot or to issues appearing on the ballot. Therefore, because the PCE had no ballot-related activity, neither a pre-election nor a post- election report is due.

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A semiannual report is due by 4:00 p.m. on the last business day of July if the PCE was not required to file a report after the immediately preceding primary election. It should cover the time period since the last report through the last day of June. A semiannual report should only reflect the activity that has occurred since the last report was filed. [R.C. 3517.10(A)(4)] An annual report is due by 4:00 p.m. on the last business day of January if the PCE was not required to file a report after the immediately preceding November election. It should cover the time period since the last filed report and through the last day of December. An annual report should reflect only the activity that has occurred since the last report was filed. [R.C. 3517.10(A)(3); OAC 111-5-04] The rules described in the pre-election and post-election sections above apply regardless of when the election is held. For example, a PCE may have activity in regard to a special election in February, a statewide primary in May, or municipal primary pursuant to a municipal charter at a different time. Any of these elections may, based on the PCE’s activity, trigger the “12-day before” or “38-day after” rule. The purpose of a contribution to the PCE or the PCE’s use of a contribution are the keys to determining when a report will be required. The need for pre- and post-election reports will be determined by whether the PCE received contributions and/or used its contributions to influence a particular election. Making a contribution to a political party generally means that the contribution will be used to influence whatever election is imminent. [R.C. 3517.01(B)(5), (6)]

If a required report is filed late, then the board of elections or the secretary of state must refer the matter to the Ohio Elections Commission. The commission determines if a fine should be imposed. [R.C. 3517.11] Report Forms All reporting forms, along with instructions for their use, are available at the secretary of state’s Web site: www.sos.state.oh.us Filers may choose to download the forms and use them for creating reports eligible for filing in paper form. Filers may choose to create their own forms for use in paper filing, with the approval of the secretary of state’s office, as long as they are substantially similar to the forms prescribed by the secretary of state’s office. [OAC 111-5-11] Filers seeking the approval of alternative paper forms may direct their request, along with a sample of each of the alternative forms to: OHIO SECRETARY OF STATE CAMPAIGN FINANCE DIVISION 180 E. BROAD ST., 15TH FLOOR COLUMBUS, OH 43215

Ohio Secretary of State’s Office 7-5 Ohio Campaign Finance Handbook

GENERAL RULES

Treasurer Duties and Liability

The treasurer of a PCE is legally responsible for keeping detailed records of everything received, given or expended. The cover page of every report filed should be signed by the treasurer or deputy treasurer. Each report must contain a statement that the report is correct, subject to the penalty for election falsification. [R.C. 3517.10(C), (D), 3599.36; OAC 111-5-12, 111-5-14]

Affiliation

A PCE is affiliated with another PCE or PAC 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. [R.C. 3517.102(D); OAC 111-1-02(H)]

CONTRIBUTIONS Generally speaking, the value of all contributions received by a campaign committee must be disclosed. With the exception of those received at a fundraising event, all contributions must be separately itemized. The primary elements for complete disclosure of a contribution are the name and address of each contributor as well as the date and amount of each contribution.

Contributions from Dues, Membership Fees or Other Assessments

A PCE 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 types of contributors and the number of individuals making those contributions. All voluntary contributions received must be fully reported. [R.C. 3517.10(L)]

Anonymous Contributions

Contributors may not remain anonymous by request. If a donor does not want to be identified, then the contribution should not be made. However, if an anonymous contribution is received, then efforts must be made by the PCE receiving it to identify the donor. If the efforts are unsuccessful, then the contribution should have an explanation of the circumstances that caused it to be anonymous and a description of the efforts made to determine the donor’s identity. This information should appear in the address portion of form 31-A, Statement of Contributions Received. [R.C. 3517.10 (C)(2)]

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Cash Contribution Limits

A contributor may not give more than $100 per election in cash. Cash includes only currency or coin. [R.C. 3517.13(F); OAC 111-5-06]

Contribution Limits

The amounts that PCEs may contribute or accept are shown on the contribution limit chart. Contributions from one PCE to another PCE or PAC affiliated with it are not subject to limits. Contributions made from two or more PCEs that are affiliated are considered to have been made from a single PCE. However, expenditures made by a PCE that declares affiliation with a PAC are not combined with that PAC for the purpose of determining contribution limits. [R.C. 3517.102]

Minors

Political Contributing Entities are prohibited from knowingly accepting contributions from any individual under the age of seven. [R.C. 3517.102 (C)(7)(a)]

Partnerships/Unincorporated Associations

Contributions received from partnerships or unincorporated associations must reflect both the name of the entity and the individual(s) making the contribution. Incorporated professional associations and limited liability companies are considered unincorporated associations or, if applicable, partnerships. Contributions may be transmitted by these entities but must include, at the time of the distribution, detailed information on the allocation of the contribution amount among the owners or partners of the unincorporated association or partnership. No contribution from a partnership or other unincorporated business may be accepted, deposited or used unless the recipient has the allocation information necessary to itemize the contribution by the partner(s), owner(s) or member(s). [R.C. 3517.10(I); OAC 111-5-20; OEC Adv. 96ELC-03]

Deposit of Contributions and Other Income

A PCE primarily accepts contributions from dues, membership fees or other assessments of its members. These funds may be held in the labor organization’s general treasury accounts. However, the PCE may elect to establish and deposit dues, membership fees or other assessments of its members into an account separate from the general treasury. The PCE must establish a separate account only if it accepts voluntary contributions. The deposit of voluntary contributions is subject to the time limits prescribed in OAC 111-5-12.

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In-Kind Contributions

An in-kind contribution is a non-monetary contribution of goods or services that was made with the consent of, in coordination or cooperation with, or at the request or suggestion of the benefited PCE. Examples include receiving postage or signs, receiving rent-free office space, having personnel assistance compensated by a third party, or having a third party buy media advertising on behalf of the PCE. [R.C. 3517.01(B)(16)]

EXPENDITURES

Independent Expenditures

An independent expenditure is an expenditure that is made in support of or in opposition to either a candidate or a ballot issue without the consent of, and not in coordination, cooperation or consultation with, or at the request or suggestion of, the candidate or ballot issue. Such expenditures are reported by the PCE that makes them, but not by the benefited committee. [R.C. 3517.01(B)(17), 3517.105; OAC 111-3-02, 111-3-03]

Permissible Use of Funds

PCEs may use their resources only in ways that match the definition of expenditure as defined in R.C. 3517.01(B)(6) or to refund excess or illegal contributions. This means that PCEs are allowed to spend money and make in-kind contributions in a manner intended to influence an election or to make a charitable contribution. Charitable contributions are those made to a charity that has been designated as exempt from federal income taxation under subsection 501(a) and described in subsections 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10) or 501(c)(19) of the Internal Revenue Code or to any charity approved by advisory opinion of the Ohio Elections Commission. [R.C. 3517.08(G)]

No person may convert for personal or business use anything of value from a PAC’s funds. [R.C. 3517.13(O)]

PCEs may not make any refund of any contribution unless the purpose is to refund a contribution in excess of the applicable contribution limit or to refund a contribution that has been determined to be illegal. [OEC Adv. 99-ELC-03]

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Expenditure Verification The three Every expenditure in excess of $25 must have a primary pieces of corresponding canceled check or receipt photocopy data needed to meet attached to the report. A paid receipt is one that has been marked “PAID” by the vendor. In addition, the secretary the expenditure of state or the county board of elections may request a log verification are: for certain items, such as mileage reimbursements, so that the expenditure and its appropriateness may be verified. »» Name of payee If canceled checks are not returned or provided by the banking institution of the PCE, a copy or printout of the »» Date of expenditure campaign committee’s bank statements will suffice for the receipt requirement so long as the name of the vendor, »» Amount of expenditure date of transaction and amount of the expenditure are all provided. Additionally, printouts of cancelled check images as provided by the PCE’s banking institution satisfy the expenditure verification requirement. [R.C. 3517.10(D); OAC 111-5-14; OEC Advs. 87ELC-03 and 87ELC-12]

REPORTING If a PCE makes an expenditure from the proceeds of dues monies, there are two ways that activity can be reported. A labor organization may use either method based on its preferences and needs. A PCE may set up a separate bank account or it can make expenditures directly from the labor organization’s general fund. If a separate bank account is established, then all contributions into and all expenditures out of that account will be reported. The Balance on Hand (line 6) of the last report will be transferred to the Amount Brought Forward (line 1) of the next report. However, if the PCE makes expenditures out of the labor organization’s general fund, then it is acceptable in each report to show only contributions in a sufficient amount to cover the expenditures made during the reporting period. In this report, both the Amount Brought Forward and the Balance on Hand would be zero. A PCE should report contributions received from the dues or other assessments under the description “Proceeds from Dues Funds,” along with the date and amount of each contribution.

Corrections and Amendments

When a correction is necessary or additional information is obtained by the PCE or is required by the auditing authority relating to a report that has already been filed, an amended report must be filed. Amendments consist only of corrections to previously submitted information or additional information. The amendment should include either a report cover page or a cover letter clearly indicating the name of the PCE that is filing and what report is being amended. When an error is found, or when checks are received that could not earlier be attached to a report, the amendment should be filed immediately.

When an auditing authority requests additional information or a correction to a report, the PCE has 21 days to provide the information or correction. [R.C. 3517.11(B)]

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Fund-Raiser Exemption

Voluntary contributions, totaling $25 or less, received at a specific fund-raising event do not need to be itemized within a report. These contributions should be reported as a single line item with an aggregate amount on form 31-E, Statement of Contributions Received at a Social or Fund-Raising Event. Also, in-kind contributions totaling $300 or less from one contributor at a single fund-raising event need not be itemized. These contributions should be reported as a single line item with an aggregate amount on form 31-J-1, Statement of In-kind Contributions Received. However, in both instances, the treasurer is responsible for keeping itemized records of the contribution in case such records are requested by the auditing authority. [R.C. 3517.10(B)(4)(e)]

Record Retention

The trend in PCEs must keep their records for six years. The boards of banking practices elections and the secretary of state must also keep all reports is moving away from filed with them for six years. This requirement includes mailing a paper all bank records (including deposit records), reports, amendments, correspondence, receipts, invoices and copy of statements notices. and other account [R.C. 3517.10(C), (D); OAC 111-5-14] information. Treasurer’s should download and save Closing the PCE bank statements and A PCE must have a zero balance, no outstanding debts copies (images) of and no outstanding loans before it may terminate. When canceled checks each these criteria have been met, a PCE must file a final report. month. This report should list all activity, if any, that has occurred since the previous report. The termination box must also be marked when the committee desires to terminate. There is no separate form for terminating.

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BALLOT ISSUE COMMITTEES

What is a Ballot Issue Committee?

A ballot issue committee is a political action committee that is organized to support or oppose a proposed or certified ballot issue or question. This type of committee is often referred to as a ballot issue PAC. Ballot issues include constitutional amendments, liquor options, initiatives and referenda and charter amendments.

Statewide Ballot Issue Committee

In the case of a proposed statewide constitutional amendment, initiated statute, referendum or other issue to be placed on the statewide ballot, the circulator or committee in charge of circulating petitions may constitute a ballot issue PAC prior to petitions being filed or the issue becoming certified. A circulator or committee in charge of such a ballot issue PAC must file a Designation of Treasurer, form 30-D, with the secretary of state before receiving a contribution or making an expenditure. The ballot issue committee consists of the treasurer, the circulator or committee member signing the Designation of Treasurer form, and any committee member engaged in circulating the petition for submission of the issue. [R.C. 3517.12; OAC 111-4-11]

Local Ballot Issue Committee

In the case of a local, non-statewide ballot issue, a ballot issue committee may be created to support or oppose the issue at any time prior to or after certification of the issue to the ballot. It is important, however, that the ballot issue committee file a Designation of Treasurer prior to receiving any contributions or making any expenditures.

What to Do First

A ballot issue committee must file form 30-D, Designation of Treasurer, prior to receiving any contributions or making any expenditures. This form is considered a “registration” form. It includes basic information such as the name and address of the ballot issue committee, the treasurer and any deputy treasurers. [R.C. 3517.10 (D)]

Where to File Reports

A ballot issue committee that was formed to support or oppose a statewide ballot issue must register and file with the secretary of state’s office. A committee formed to support or oppose an issue or question that is submitted only to the electors within one county must register and file with the board of elections in that county. If the same issue or question is submitted to the electors in a subdivision or district in more than one county, then the committee must register and file at the board of elections in the most populous county in that subdivision or district.

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When to File Reports

Ballot issue committee report filing deadlines are based on the nature and timing of the activity in which the committee engages in relation to any election. All reports must be physically received by the secretary of state or a board of elections to meet the filing deadline requirement. A report postmarked, but not received, by the deadline is a late filing and must be referred to the Ohio Elections Commission.

The purpose of a contribution to a ballot issue committee and the committee’s use of its contributions are the key to determining when a report will be required. The need for pre- and post- election reports will be determined by whether the ballot issue committee received contributions and/or used its contributions to influence a particular election. The need to file a pre- or post- election report exists only when the ballot issue committee receives contributions and/or makes expenditures to support or oppose an issue appearing on a ballot. [R.C. 3517.10, 3517.01(B)(5)]

There are four types of reporting deadlines:

A pre-election report is due by 4:00 p.m. 12 days before an election if the ballot issue committee spent or received $1,000 or more to influence a ballot issue in that election between the time the last report was filed and the 20th day before the election. [R.C. 3517.10(A)(1)]

A post-election report is due by 4:00 p.m. 38 days after the election, if the ballot issue committee received contributions or made expenditures to influence a ballot issue in that election between the time the last report was filed and the 31st day after the election. [R.C. 3517.10(A)(2)]

A semiannual report is due by 4:00 p.m. on the last business day of July if the ballot issue committee was not required to file a report after the immediately preceding primary election. It should cover the time period since the last report through the last day of June. A semiannual report should only reflect the activity that has occurred since the last report was filed. [R.C. 3517.10(A)(4)]

An annual report is due by 4:00 p.m. on the last business day of January if the ballot issue committee was not required to file a post-election report after the immediately preceding general election. The annual report must cover the time period since the last report through the last day of December. The report should reflect only activity that occurred since the last previous report was filed. [R.C. 3517.10(A)(3)]

The rules described above for pre- and post-election reports apply regardless of when an election is held. In addition to the regularly scheduled statewide primary and general elections, a ballot issue may appear on a special election ballot. Therefore, if an issue for which a committee is formed appears on a special election ballot, the pre-election and post-election filing requirements exist at the 12 days prior and 38 days after deadlines, respectively.

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If a required report is filed late, then the county board of elections or the secretary of state must refer the matter to the Ohio Elections Commission. The commission determines if a fine should be imposed. [R.C. 3517.11]

Report Forms

All reporting forms, along with instructions for their use, are available at the secretary of state’s Web site: www.sos.state.oh.us

Filers may choose to download the forms and use them for creating reports eligible for filing in paper form. Filers may choose to create their own forms for use in paper filing, with the approval of the secretary of state’s office, as long as they are substantially similar to the forms prescribed by the secretary of state’s office. [OAC 111-5-11]

Filers seeking the approval of alternative paper forms may direct their request, along with a sample of each of the alternative forms to:

OHIO SECRETARY OF STATE CAMPAIGN FINANCE DIVISION 180 E. BROAD ST., 15TH FLOOR COLUMBUS, OH 43215

GENERAL RULES

Checks

Any check that a ballot issue committee uses to make expenditures must contain the full name and address of the committee. Additionally, if the ballot issue committee is assigned a registration number by the secretary of state, the registration number must also appear on the face of any committee check.

Circulator Statements

If a person or group of persons circulate petitions in an attempt to place an issue on the statewide ballot, a Statement of Circulator form must be filed with the secretary of state. The form must be filed within 30 days after the petitions themselves have been filed. [R.C. 3517.12]

If a person or group of persons circulate petitions in an attempt to place an issue on the local ballot, a Statement of Circulator form must filed with the appropriate county board of elections. [R.C. 731.35]

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Disclaimers

For the purpose of disclaimer requirements, a ballot issue committee should follow the same guidelines as political action committees. See Chapter 12, Disclaimers, for more information regarding disclaimers. [R.C. 3517.20]

Registration Number

A ballot issue committee formed to support or oppose a statewide issue or question will be assigned a registration number by the secretary of state’s office. Every report, check or piece of correspondence from a statewide ballot issue committee should bear this registration number. A local ballot issue committee filing reports with a county board of elections does not receive, and is not required to use, a registration number.

Treasurer Duties and Liability

The treasurer of a ballot issue committee is legally responsible for keeping detailed records of everything received, given or expended. The cover page of every report filed must be signed by the treasurer or deputy treasurer.

Contributions

Generally speaking, the value of all contributions received by a campaign committee must be disclosed. With the exception of those received at a fundraising event, all contributions must be separately itemized. The primary elements for complete disclosure of a contribution are the name and address of each contributor as well as the date and amount of each contribution.

Corporate / Labor Organization Contributions

Ballot issue committees may accept direct corporate and labor organization contributions. In addition to the committee’s reporting requirements, corporate and labor organization contributors are required to disclose their activity by filing a one-page form called a 30-B-1, Contributions from a Corporation or Labor Organization Supporting or Opposing Ballot Issues. The corporation or labor organization must file by the same deadlines and at the same filing locations as the ballot issue committee see Chapter 9, Corporations and Labor Organizations, for more information regarding filing requirements. [R.C. 3599.03]

Contribution Limits

Ballot issue committees are not subject to contribution limits. [R.C. 3517.102(D)(2)]

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Anonymous Contributions

Contributors may not remain anonymous by request. If a donor does not want to be identified, then the contribution should not be made. However, if an anonymous contribution is received, then efforts must be made by the committee receiving it to identify the donor. If the efforts are unsuccessful, then the contribution should have an explanation of the circumstances that caused it to be anonymous and a description of the efforts made to determine the donor’s identity. This information should appear in the address portion of form 31-A, Statement of Contributions Received. [R.C. 3517.10 (C)(2)]

Cash Contribution Limits

A contributor may not give more than $100 per election in cash. Cash includes only currency or coin. [R.C. 3517.13(F); OAC 111-5-06]

Contributions from Minor Children

PACs are prohibited from knowingly accepting contributions from any individual under the age of seven. [R.C. 3517.102 (C)(7)]

Independent Expenditures

An independent expenditure is one that is made in support of or in opposition to either a candidate or a ballot issue without the consent of, and not in coordination, cooperation or consultation with, or at the request or suggestion of the candidate or ballot issue committee. Such expenditures are reported by the entity that makes them, but not by the benefited committee. [R.C. 3517.01(B)(17), 3517.105; OAC 111-3-02, 111-3-03]

Corporations or labor organizations making independent expenditures in support of or opposition to a ballot issue or question must file form 30-B-2, Independent Expenditures from a Corporation or Labor Organization Supporting or Opposing Ballot Issues. This form must be filed at the county board of elections if the issue is a city, county, etc. issue or at the secretary of state’s office if the issue is statewide. See Chapter 9, Corporations and Labor Organizations, for more information regarding these filing requirements.

Campaign Committees, PACs, PCEs, or political parties making independent expenditures in support of or opposition to a ballot issue or question must complete form 31-U, Independent Expenditures Made by a Campaign Committee, PAC, Political Party or Legislative Campaign Fund, as part of its next required campaign finance report.

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Individuals, partnerships or other entities making more than $100 in independent expenditures in support of or opposition to a ballot issue or question must file form 30-E, Independent Expenditures Made by Individuals, Partnerships or Other Entities. This form must be filed at the county board of elections if the issue is a city, county, etc. issue or at the secretary of state’s office if the issue is statewide. No report is required if a total of $100 or less was expended.

In-Kind Contributions

An in-kind contribution is a non-monetary contribution of goods or services that was made with the consent of, in coordination or cooperation with, or at the request or suggestion of the benefited ballot issue committee. Examples include receiving postage or signs, receiving rent-free office space, having personnel assistance compensated by a third party, or having a third party buy media advertising on behalf of a committee. [R.C. 3517.01(B)(16)]

Partnerships/Unincorporated Associations

Contributions received from partnerships or unincorporated associations must reflect the name of that entity, as well as the name of the individual(s) making the contribution. A partnership or other unincorporated business may use its checking account to transmit a contribution, but the contribution must be accompanied by detailed information of each partner, owner or member and their allocated portion of the contribution. The recipient of such a contribution must itemize each allocated portion according to the information provided. No contribution from a partnership or other unincorporated business may be accepted, deposited or used unless the ballot issue committee has the allocation information necessary to itemize the contribution by the partner(s), owner(s) or member(s). [R.C. 3517.10(I); OAC 111-5-20; OEC Adv. 96ELC-03]

Public Employee Solicitations

Public employees may not solicit or be solicited for contributions while performing their official duties or while they are in those areas of a public building where official business is transacted or conducted. No public employee may solicit contributions while performing official duties or while in areas of a public building where official business is conducted.

The term “public employee” does not include any person holding an elective office. [R.C. 3517.092(F)]

Deposit of Contributions or Other Income

All income must be deposited in an account within 30 days of receipt or returned to the donor without having been deposited. [OAC 111-5-12]

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EXPENDITURES

Permitted Use of Funds

A ballot issue committee may make expenditures to influence the results of an issue or question. They may also make contributions to a charitable organization. Charitable contributions are those made to a charity that has been designated as exempt from federal income taxation under subsection 501(a) and described in subsections 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10) or 501(c)(19) of the Internal Revenue Code, or to any charity approved by advisory opinion of the Ohio Elections Commission. [R.C. 3517.08(G)]

No person may convert for personal or business use anything of value from a PAC’s funds. [R.C. 3517.13(O)]

Due to the fact that a ballot issue committee may accept contributions that other types of committees are prohibited from accepting, a ballot issue committee may not make a contribution to a candidate’s campaign committee, a political party, legislative campaign fund, PCE or a political action committee.

The question of whether a ballot issue committee may use public property or tax monies to support or oppose an issue or question should be referred to the prosecutor or auditor of that jurisdiction.

Expenditure Verification

Every expenditure in excess of $25 must have a corresponding canceled check or receipt photocopy attached to the report. A paid receipt is one that has been The three marked “PAID” by the vendor. In addition, the secretary of state or the county board of elections may request a log primary pieces of for certain items, such as mileage reimbursements, so that data needed to meet the expenditure and its appropriateness may be verified. the expenditure If canceled checks are not returned or provided by the verification are: banking institution of the committee, a copy or printout of the committee’s bank statements will suffice for the receipt »» Name of payee requirement so long as the name of the vendor, date of transaction and amount of the expenditure are all provided. »» Date of expenditure Additionally, printouts of cancelled check images as provided by the committee’s banking institution satisfy the »» Amount of expenditure expenditure verification requirement. [R.C. 3517.10(D); OAC 111-5-14; OEC Advs. 87ELC-03 and 87ELC-12]

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Because ballot issue committees may accept direct corporate and labor organization contributions and are not subject to any limitations, any contributions received by the ballot issue committee may not be used to support any candidate, political party, political action committee, political contributing entity or legislative campaign fund. A ballot issue committee may make an expenditure to another ballot issue committee for the purpose of making a contribution.

REPORTING

Electronic Filing

Any ballot issue committee registered to support or oppose a statewide issue or question must file its campaign finance report electronically if the committee received contributions over $10,000 or made expenditures over $10,000 during the reporting period. See Chapter 11, Electronic Filing, for more information.

Corrections and Amendments

When a correction is necessary or additional information is obtained by the committee or required by the auditing authority relating to a report that has already been filed, the committee must file an amended report. Amendments consist only of corrections to previously-submitted information or additional information. The amendment should include either a report cover page or a cover letter clearly indicating the name of the committee that is filing and which report is being amended. When an error is found, or when checks are received that could not earlier be attached to a report, the amendment should be filed immediately.

When an auditing authority requests additional information or a correction to a report, the committee has 21 days to provide the information or correction. [R.C. 3517.11(B)]

Fund-Raiser Exemption

Contributions totaling $25 or less received at a specific fund-raising activity do not need to be itemized within a report. These contributions should be reported as a single line item with an aggregate amount on form 31-E, Statement of Contributions Received at a Social or Fund-Raising Event. Also, in-kind contributions totaling $300 or less from one contributor at a single fund-raising activity need not be itemized. These contributions should be reported as a single line item with an aggregate amount on form 31-J-1, Statement of In-Kind Contributions Received. However, in both instance, the treasurer is responsible for keeping itemized records. [R.C. 3517.10(B)(4)(e)]

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Record Retention

Committees must keep their records for six years. The boards of elections and the secretary of state must also keep all reports filed with them for six years. [R.C. 3517.10(C), (D); OAC 111-5-14]

Closing the Committee

A ballot issue committee must have a zero balance, no outstanding debts and no outstanding loans before it can terminate. In order to spend down to a zero balance, a ballot issue committee may make any expenditure that fits the permissive use of funds criteria listed previously. When these criteria have been met, a committee must file a final report. This report should list all activity, if any, that has occurred since the previous report. The termination box must also be marked when the committee desires to terminate. There is no separate form for terminating.

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BUSINESSES AND LABOR ORGANIZATIONS

OVERVIEW

Corporate Business Campaign Finance Activity

A business that has filed articles of incorporation pursuant to R.C. 1701 is considered to be a “corporation” for campaign finance purposes. Under Ohio law, the use of a corporation’s money or property for political purposes is severely limited. Corporations, whether for-profit or nonprofit, are prohibited from giving money, items, personnel, space or anything of value to:

»» candidates

»» non-ballot issue PACs

»» legislative campaign funds

»» state candidate fund of a political party

»» general fund of a political party

Use of a corporate logo in an endorsement or solicitation letter meant to support a candidate or political party is a prohibited use of corporate resources. However, the placement of a campaign sign on the property of a corporation, nonprofit corporation or labor organization is not a violation. [R.C. 3599.03; OEC Adv. 97ELC-05]

Generally, legal professional associations and other professional associations that have incorporated pursuant to R.C. 1785, as well as limited liability companies(LLCs) established via R.C. 1705, are not considered “corporations” for campaign finance purposes under R.C. 3599.03 and therefore are not prohibited from issuing one or more checks for the purpose of making one or more individual contributions to partisan elections by individuals – partners, owners – associated with the organization. For reporting purposes, these entities are considered unincorporated businesses or, if applicable, partnerships.

Unincorporated Business Campaign Finance Activity

Business “partnerships” and businesses that have not filed articles of incorporation are not considered to be a “corporation” for campaign finance purposes. When a partnership or other unincorporated business uses its checking account to transmit a contribution, it must include with the contribution check detailed information of each partner, owner or member and their allocated portion of the contribution. The recipient of such a contribution must itemize each allocated portion according to the information provided. No contribution from a partnership or other unincorporated business may be accepted, deposited or used unless the recipient has the allocation information necessary to itemize the contribution by the partner(s), owner(s) or member(s). [R.C. 3599.03; OAC 111-5-20; OEC Adv. 96ELC-03]

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Labor Organization (General Treasury Activity)

A labor organization may use its money or property, including dues monies, to support or oppose candidates, political parties, non-ballot issue PACs and legislative campaign funds. Prior to making expenditures from dues monies, a labor organization must file form 30-D, Designation of Treasurer, establishing a political contributing entity (PCE). See Chapter 7, Political Contributing Entities, for more information. [R.C. 3517.10]

Ballot Issue Support

A corporation or labor organization may use its money or property to support or oppose a proposed or certified ballot issue or question. If the contribution is made as a monetary or in-kind contribution to a ballot issue committee, then the corporation or labor organization must file form 30-B-1, Contributions from a Corporation or Labor Organization Supporting or Opposing Ballot Issues, at the same filing location and by the same filing deadlines that the ballot issue committee must file its reports. See Chapter 8, Ballot Issue Committees, for more information. [R.C. 3599.03(C)]

If the corporation or labor organization uses its money or property to make an independent expenditure to support or oppose any ballot issue, then it must file Form 30-B-2, Independent Expenditures from a Corporation or Labor Organization Supporting or Opposing Ballot Issues. This form must be filed at the county board of elections if the issue is a local issue or at the secretary of state’s office if the issue is statewide. [R.C. 3517.105(C)(2)]

Communicating Information

A corporation or labor organization may use its money or property to communicate information in support of, or in opposition of a political party or candidate for election so long as both of the following conditions are met:

1. The communication is sent exclusively to members, employees, officers, or trustees of the labor organization or the shareholders, employees, officers, or directors of that corporation or to the immediate families of any such individuals.

2. The communication is not made by mass broadcast, such as by radio or television, and is not made by advertising in a newspaper of general circulation.

Examples of how a corporation or labor organization may communicate this information include:

»» mail

»» letters, flyers, newsletters

»» e-mail

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»» reports and memoranda

»» posting of information in non-public areas of the corporation or labor organization facility

»» permitting speech by a candidate or other person to individuals included in the set of recipients in item #1 above [R.C. 3599.03 (F); OAC 111-4-09]

These communications can include an endorsement of one or more candidates, so long as they conform to the above conditions and limitations.

Non-partisan Activity

Corporate and labor organization general treasury funds may be used for programs, such as voter registration drives or debates, that do not promote a particular candidate, PAC or political party.

Nonprofit Corporations

Under campaign finance laws, nonprofit corporations organized pursuant to R.C. 1702, have the same campaign finance restrictions as for-profit corporations.

In addition, nonprofit corporations who communicate information in support of, or in opposition of a political party or candidate for election are subject to the same requirements as for-profit corporations and labor organizations. A nonprofit corporation may use its money or property to communicate with its members, as long as the members, stockholders, donors, trustees or officers are the predominant recipients of the communication - even if the message being communicated is political in nature. [R.C. 3599.03(F)]

Use of a nonprofit corporation’s money or property for political purposes may or may not impact the tax exempt status of the nonprofit corporation. Questions related to a nonprofit corporation’s permitted or prohibited political activities based on the tax exempt status of the corporation should be directed to the Internal Revenue Service.

Internal Revenue Service (800) 829-1040 www.irs.gov

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Payroll Deduction Plans

Employers, including corporations (both profit and nonprofit), partnerships, limited liability companies, and labor organizations, may make deductions for political use from the wages or salaries of employees who sign authorizations for such deductions. This authorization must be signed separately from an application for membership in, or authorization of payment of dues to, any organization. Employees must indicate in writing how their money is to be spent (e.g.to a PAC or PCE) . The actual cost of deducting and forwarding contributions may be paid by the employer or may be deducted from the employee’s contribution. All decisions regarding who receives contributions must be made by employees.

Employers may open separate accounts in the name of the employee where the money may be kept until the employee designates a recipient. All checks forwarded to recipients should clearly provide the underlying employee contributor’s name, address and amount contributed. Earned interest cannot be distributed in a manner other than by the employee’s choice or a ratio based upon the employee’s choice. Recipients of donations aggregating $25 or less in a calendar year from individuals contributing via this method do not need to itemize the contributor information. [R.C. 3517.10, 3599.031; OAC 111-5-13]

Sponsoring a PAC

A corporation (profit or nonprofit) or labor organization may sponsor a PAC. Sponsorship is indicated on the PAC’s Designation of Treasurer. Sponsorship permits the corporation or labor organization to pay certain establishment, administrative and solicitation expenses on behalf of the sponsored PAC. Examples of these expenses include attorney fees and computer, copying and bookkeeping costs. The corporation or labor organization is also permitted to pay certain costs related to the solicitation of contributions for the sponsored PAC. These expenses must be paid directly by the corporation or labor organization or be paid into a separate administrative account set up by the PAC. The sponsor may not reimburse the PAC for these expenses. The sponsored PAC must report these expenses on form 31-I, Establishment, Administrative and Solicitation Expenses. Corporate expenditures made to benefit Ohio state or local candidates or political parties are not considered establishment, administrative or solicitation expenses. See Chapter 6, Political Action Committees, for more information. [R.C. 3517.082; OAC 111-4-01 to 111-4-08]

When a PAC is sponsored by a corporation or labor organization, the name of the sponsor must be included in the name of the PAC. [OAC 111-1-04]

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POLITICAL PARTY SUPPORT

Building Fund

A corporation or labor organization may use general treasury funds to make gifts to the building fund of state and county political parties, as long as the building fund is specifically designated and used to defray any cost incurred for the construction, renovation, or purchase of an office facility. If the gift is from a corporation engaged in business in the state, then the gift may not exceed 10 percent of the total construction, renovation or purchase cost of a building. Political parties may set up a separate account called a building fund and may accept direct corporate gifts for this purpose. Public utilities, however, are prohibited from making such gifts. [R.C. 3517.101(B), 3599.03(D)]

Restricted Fund

A corporation or labor organization may also use general treasury funds to make gifts to the restricted fund of state and county political parties. These gifts are limited to $10,000 per restricted fund per calendar year. The restricted fund of a political party is established to pay or defray the operational costs of the party and may not be used to support or oppose any particular candidate. For example, the restricted fund may pay for staff salaries, office supplies and equipment, including computer hardware and software. [R.C. 3517.1012, 3517.18, 3517.13 (X)]

Levin Account

Each state political party may establish a Levin account that may be used to pay or defray the costs of voter registration, voter identification and get-out-the-vote activity. Any corporation or labor organization may make a gift to a Levin account in a calendar year in which a candidate for federal office will appear on an election ballot. These gifts are limited to $10,000 per applicable year. Corporate or labor organization gifts to a Levin account are prohibited during a year in which no candidate for federal office will appear on an election ballot. [R.C. 3517.1013]

No reporting requirements apply to any corporation or labor organization making gifts to the building, restricted or Levin accounts of a political party. The receipt of these gifts is included in the disclosure statements of the recipient political party fund.

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ELECTIONEERING COMMUNICATION

What is Electioneering Communication

Generally speaking, electioneering communication is any communication that refers to a candidate and that is distributed via a broadcast, cable or satellite means and is not otherwise considered an “expenditure.” This primarily covers all radio and television communications. The candidate reference within the communication could be by use of the candidate’s name, image or likeness or by some other clear and unambiguous reference. Electioneering communication does not include any print media or printed materials. [R.C. 3517.1011; OAC 111-4-10]

What to Do First

Any person intending to make a disbursement for the direct costs of producing or airing electioneering communications must file form 31-EC, Notice of Intent to Make Electioneering Communication Disbursements, with the office of the secretary of state prior to making such a disbursement. Upon the filing of a form 31-EC, the secretary of state will issue credentials that permit the filing of required detailed reports via the secretary of state’s online filing system. Except for the initial filing of a Notice of Intent to Make Electioneering Communication Disbursements, the prescribed format for filing all electioneering communication reports is through the secretary of state’s online filing system. [R.C. 3517.1011(C)]

When to File Reports

Any person who makes a disbursement or disbursements for the direct costs of producing and airing electioneering communications aggregating in excess of $10,000 during any calendar year must file, within 24 hours of each disclosure date, a disclosure of electioneering communications statement. After the first disclosure of electioneering communications statement is filed, continued filing is required weekly through that calendar year, so long as additional electioneering communication disbursements are made. These subsequent reports must be filed on the same day of the week as the day of the week that the initial disclosure statement was filed. [R.C. 3517.1011(A)(6) and (D)]

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What a Filing Must Contain

Each electioneering communication disclosure statement must contain all of the following:

a. The full name and address of the person making the disbursement, any person sharing or exercising direction or control over the activities of the person making the disbursement, and the custodian of the books and accounts of the person making the disbursement.

b. The principal place of business of the person making the disbursement, if not an individual.

c. The amount of each disbursement of more than $1 during the period covered by the statement and the identity of the person to whom the disbursement was made.

d. The nominations or elections to which the electioneering communications pertain and the names, if known, of the candidates identified or to be identified.

e. For each contributor who contributed an aggregate amount of $200 or more to the person making the disbursement and whose contributions were used for making the disbursement, all of the following information: i. The month, day and year that the contributor made the contribution or contributions aggregating $200 or more. ii. The full name and address of the contributor and, if the contributor is a political action committee, its registration number. iii. If the contributor is an individual, 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. iv. A description of the contribution, if other than money. v. The value in dollars and cents of the contribution. vi. For any contribution transmitted through a payroll deduction, if the amounts deducted from the wages and salaries of two or more employees exceed, in the aggregate, $100, the full name of the employees’ employer and the full name of the labor organization of which the employees are members, if any. [R.C. 3517.1011(D)]

Coordinated Electioneering Communication

An electioneering communication that is made pursuant to any arrangement, coordination or direction by a candidate or a candidate’s campaign committee, or by the officials, agents, employees or consultants of a candidate or a candidate’s campaign committee, is considered to be coordinated and, as such, becomes an in-kind contribution to the candidate. An in-kind contribution is subject to contribution limits, the corporate prohibition and other requirements of the general campaign finance law. [R.C. 3517.1011(A)(5), (G) and (H); 3517.102]

10-4 Ohio Secretary of State’s Office Chapter 10: Electioneering Communication

Disclaimer Requirement

Within each electioneering communication, a statement must appear or be presented in a conspicuous manner that clearly indicates that the electioneering communication is not authorized by the candidate or the candidate’s campaign committee and that clearly identifies the person making the disbursement for the electioneering communication in accordance with R.C. 3517.20. [R.C. 3517.1011(F)]

Other General Provisions

During the 30 days preceding a primary or general election, any disbursement to pay the direct costs of producing or airing a broadcast, cable or satellite communication that refers to a clearly identified candidate must be considered to be made for the purpose of influencing the results of that election and must be reported as an expenditure or as an independent expenditure. Therefore, all disbursements made within 30 days of an election must be funded by regulated political entities that fully disclose all campaign finance activity on a regular basis and that are otherwise permitted to make direct contributions to candidate campaign committees.1 [R.C. 3517.01(B)(6), 3517.10]

During the 30 days preceding a primary or general election, persons are prohibited from making any broadcast, cable or satellite communication that refers to a clearly identified candidate using any contributions received from a corporation or labor organization. [R.C. 3517.1011(H)]

The term “contribution” for the purpose of electioneering communication is not the same as the term “contribution” used in other areas of the campaign finance law.

[R.C. 3517.01(B)(5)(e)]

A person must be considered to have made a disbursement if the person has entered into a contract to make the disbursement. [R.C. 3517.1011(B)]

1 These provisions may be subject to challenge. See, e.g., Federal Election Commission v. Wisconsin Right to Life Inc., 551 U.S. 449 (2007); Ohio Right to Life Society, Inc. v. Ohio Elections Commission, et al., 2008 WL 4186312 (N.D. Ohio Sept. 5, 2007)

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Statutory Definitions Relating to Electioneering Communication

“Electioneering communication” means any broadcast, cable or satellite communication that refers to a clearly identified candidate and that is made during either of the following periods of time:

a. If the person becomes a candidate before the day of the primary election at which candidates will be nominated for election to that office, between the date that the person becomes a candidate and the 30th day prior to that primary election and between the date of the primary election and the 30th day prior to the general election at which a candidate will be elected to that office.

b. If the person becomes a candidate after the day of the primary election at which candidates were nominated for election to that office or between the date of the primary election and the 30th day prior to the general election at which a candidate will be elected to that office.2 [R.C. 3517.1011(A)(7)(a)]

“Refers to a clearly identified candidate” means that the candidate’s name, nickname, photograph or drawing appears, or the identity of the candidate is otherwise apparent through an unambiguous reference to the person, such as “the chief justice,” “the governor,” “member of the Ohio Senate,” “member of the Ohio House of Representatives,” and other such examples cited in the act, or through an unambiguous reference to the person’s status as a candidate. [R.C. 3517.1011(A)(13)]

Electioneering communication does not include any of the following:

a. A communication that is publicly disseminated through a means of communication other than a broadcast, cable or satellite television or radio station, such as communications appearing in print media, mailings, brochures, bumper stickers, yard signs, communications over the internet, including e-mail, or telephone communications. b. A communication that appears in a news story, commentary, public service announcement, news programming or editorial distributed through the facilities of any broadcast, cable or satellite television or radio station, unless those facilities are owned or controlled by any political party, political committee, or candidate. c. A communication that constitutes an expenditure or an independent expenditure. d. A communication that constitutes a candidate debate or forum or that solely promotes a candidate debate or forum and is made by or on behalf of the person sponsoring the debate or forum. [R.C. 3517.1011(A)(7)(b)]

2 For purposes of R.C. 3517.1011, “candidate” has the same meaning as in R.C. 3501.01(H)

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ELECTRONIC FILING OF CAMPAIGN FINANCE REPORTS

Overview

The secretary of state’s office is required by statute to develop one or more methods of accepting campaign finance reports by electronic means of transmission. In developing an electronic filing system, the office sought to provide multiple methods of electronic filing in order to maximize the ability of all entities to take part. The system was developed to allow greater flexibility by providing large campaign operations the ability to use off-the-shelf or custom-made campaign software to manage tens of thousands of records, and those small committees with only dozens of records the ability to easily file their respective reports electronically. Since January 1, 2001, all entities under the auditing authority of the secretary of state have had the option of electronically filing their campaign finance reports.

Who Must File Electronically

The requirement to file electronically at the secretary of state’s office applies to statewide candidate committees, the campaign committees of candidates for member of the general assembly, statewide PACs and PCEs, state political parties, and legislative campaign funds. A county political party must file its state candidate fund electronically with the secretary of state. Additionally, a county political party must file its restricted fund electronically IF the party has accepted ANY gifts from a corporation or labor organization into the restricted fund.

Local candidates, local PACs and local PCEs are not required to file with the secretary of state’s office or permitted to file their campaign finance reports electronically.

Committees (campaign, PAC, PCE, etc.) that are required to file their reports electronically are required to follow the same statutory report filing deadlines to which all committees are subject. [R.C. 3517.10, 3517.106]

Filing Electronically

There are two methods for a committee to file its campaign finance reports electronically in compliance with R.C. 3517.106: direct entry online filing and data file upload. The direct entry online filing method will be used by most entities. The data file upload method of filing requires greater than average technical knowledge because the user must have a fairly in-depth understanding of data mapping and file formatting to successfully submit a report. This chapter will primarily address the direct entry online filing system. Information is available at the end of this chapter on use of the data file upload process.

Committees using the direct entry online filing system will key contributions, expenditures, and other transactions directly into screens accessible from the secretary of state’s Web site. Data may be keyed into the committee’s report at any time and from any location having Internet access. Keyed data is not “submitted” until the committee enters and completes the submit process through the cover page screen of the direct entry online filing system.

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The direct entry online filing system includes several features designed to assist campaigns in the management of data and compliance with state law and agency rules. A few examples of these features include:

»»Address book. This feature saves each contribution and each expenditure in separate address books, allowing the entity to be quickly added at subsequent transactions.

»»PAC number lookup. This feature allows a user to lookup the proper name and registration number of any active PAC on file with the secretary of state.

»»Cover page calculation. When a user intends to submit a report, the only cover page information needed will be the balance brought forward (line 1). After entering this figure, the user clicks a button and the remaining cover page line item totals are automatically calculated based on the transaction information entered.

»» Pre-audit checks. At any time prior to or at submission of a report, a user can click a button to have the system “audit” entries on that report. Items such as missing employer information or the receipt of a cash contribution exceeding $100 are part of this “audit” function.

»» Easy to read printed version. A user can create and print the contents of any report – whether submitted or pending – in order to review the entries.

Checks and Receipts

Committees filing electronically must continue to submit paper copies of canceled checks or paid receipts for all expenditures greater than $25. Unlike the filing of reports, submitting copies of canceled checks and paid receipts is timely so long as they are postmarked by the filing deadline. [R.C. 3517.10; OAC 111-6-03]

Amendments

Amendments are easily completed via the online filing system by the user opening the report as originally filed and making the modifications necessary to make the report complete. After making the edits or other changes, the user proceeds through the submit process via the cover page and the amendment is filed.

11-4 Ohio Secretary of State’s Office Chapter 11: Electronic Filing of Campaign Finance Reports

Candidate Campaign Committee Notice of Hardship

If the filing of a committee’s campaign finance report by electronic means would constitute a hardship for the candidate or committee, the candidate or committee may request, through a secretary of state prescribed form, to file reports by paper copy.

The purpose of this form is to permit candidates whose campaign committees are subject to the electronic filing requirements in R.C. 3517.106 to affirm that filing their campaign finance reports by electronic means would constitute a hardship for the candidate or committee. Form 31-DD, Electronic Filing Notice of Hardship must be filed for each report subject to the requirement to file the report by electronic means. It is to be filed with the secretary of state’s office prior to the filing of the report covered.

Once this form is filed, the campaign committee is permitted to file the report on paper and pay a fee covering the cost of having the data entered. A paper report filed under the Notice of Hardship must be received at the secretary of state’s office no later than the applicable deadline set forth in R.C. 3517.10. The paper report should not be filed at the county board of elections.

When the report is filed, it must also be accompanied by a check or money order made payable to the Ohio Secretary of State for the fee to offset the data entry costs. The formula to determine the amount of the fee prescribed in R.C. 3517.106 (L) is listed on the form.

Candidates for statewide office whose campaign committees have $25,000 or more in expenditures during the reporting period may not file this form.

Electioneering Communications

All electioneering communication reports are filed with the secretary of state’s office. The office has prescribed an electronic-only method of filing electioneering communication reports. Upon filing form 31-EC, Notice of Intent to Make Electioneering Communication Disbursements, the person or entity filing the Notice will be assigned access credentials for use of the online filing system. Because the timing and content of electioneering communication reporting differs greatly from the disclosure requirements of political entities such as candidates or parties, the online filing system is customized for reporting this activity.

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DISCLAIMERS

What is a Disclaimer

A disclaimer is the portion of a political message that identifies the name and address of the person or entity that paid for the item on which the disclaimer appears. A readable disclaimer must appear on almost everything that is created in an attempt to influence an election, including electronic messages. However, individuals acting alone to disseminate material and certain political action committees limited in size and the amount of their expenditure are not required to include a disclaimer. Candidates are not considered individuals for this purpose. Personal correspondence that is not reproduced for distribution does not need a disclaimer. Political parties do not need to include addresses as part of their disclaimers. [R.C. 3517.105, 3517.20; OEC Adv. 96ELC-10]

Communications which constitute electioneering communications are different from messages which are intended to influence the outcome of an election. Electioneering communications require identification similar – but not identical – to a disclaimer, Please see Chapter 10, Electioneering Communication for more information.

Disclaimer Required

A sign, newspaper advertisement, literature or other political communication not listed in the “disclaimer exemptions” paragraph below, must include the name of the entity responsible, and the name and residence or business address of the candidate or chairperson, treasurer or secretary or the committee or campaign fund in a conspicuous place on the political publication. [R.C. 3517.20]

Disclaimer Exemptions

Items that are not required to include a disclaimer include: Airplane banners Individually wrapped candy Badges and buttons Key tags Balloons Lapel pins and other jewelry Charms Letter openers Clothing and hats Paint stirrers Combs Pencils and pens Cups and mugs Plastic bags Emery boards Plastic discs (Frisbee1) Figurines Plastic flyswatters Golf balls and golf tees Sponges

1 “Frisbee” is a registered trademark of WHAM-O, Inc.

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A personal correspondence not reproduced by machine for general distribution also is exempt from the disclaimer requirement.

Magnets and stickers measuring two and one-half inches by three inches or less, or seven and one- half square inches or less, or three inches in diameter or less, are also specifically exempt from the disclaimer requirement. [R.C. 3517.20(A)(12); OAC 111-5-19]

If an item is not listed in OAC 111-5-19, then a specific exemption must be obtained by written request from the secretary of state prior to distribution of the item. When requesting an exemption, state your name and address and describe, in detail, the size and material of the item you wish to have exempted and a brief statement explaining why the exemption should be granted. In the event secretary of state staff members have questions about the exemption request, provide a telephone number. The secretary of state will respond in writing to all written exemption requests.

Exemption requests should be sent to:

OHIO SECRETARY OF STATE CAMPAIGN FINANCE DIVISION 180 E. BROAD ST., 15TH FLOOR COLUMBUS, OH 43215

Intent to Influence an Election

An advertisement or item that might, even in part, be purchased with the intent of influencing a current or future election or to build or maintain name recognition are reportable and must bear a disclaimer. This would include items purchased with the personal funds of the candidate or officeholder. Examples include items distributed at public events, such as high school basketball program ads or free items. [OEC Adv. 89-04]

Individuals

Any individual acting completely alone does not need to place a disclaimer on a political communication. Candidates are not considered individuals for purposes of the disclaimer requirement and must include a disclaimer on all political communication unless the item is specifically exempted by rule or given an exemption by the secretary of state.

Candidate Campaign Committee Disclaimer Wording

Every political communication or publication or independent expenditure made in support of or opposition to any candidate or ballot issue that is issued by a candidate’s campaign committee must include a readable disclaimer. A complete disclaimer for a candidate’s campaign committee is comprised of the phrase, “Paid for by,” followed by the name of the candidate’s campaign committee, the name and title of the campaign committee chairperson, treasurer or secretary and

12-4 Ohio Secretary of State’s Office Chapter 12: Disclaimers a residence street address or business street address. A disclaimer may use a post office box in addition to, but not in lieu of, a complete street address. Political Action Committees and Political Contributing Entities

Every political publication or independent expenditure made in support of or opposition to any candidate or ballot issue that is issued by a PAC with 10 or more members, or a PCE with 10 or more members, must include a disclaimer. A proper disclaimer for a PAC or PCE is comprised of the name of the chairperson, treasurer, or secretary and a residence address or business address of the PAC or PCE. Any independent expenditure made by a PAC or PCE in support of or opposition to a candidate or ballot issue must also include the full disclaimer of the PAC or PCE that made the independent expenditure. The name of the PAC or PCE used in a disclaimer must always match the name of the PAC or PCE on the most recently filed Designation of Treasurer form. Some PACs and PCEs are not subject to the disclaimer requirement; these are referred to as “limited PACs” or “limited PCEs.” Any PAC or PCE with fewer than ten members that makes an independent expenditure of $500 or less on a political publication or advertisement involving a statewide candidate or ballot issue, $250 or less for a general assembly candidate, or $100 or less for a local candidate or issue, is a “limited PAC” or “limited PCE” and is not subject to the disclaimer requirement. However, a PAC with fewer than 10 members is subject to the disclaimer requirement, regardless of the amount spent, if it issues or pays for a political publication or advertisement in conjunction or coordination with any other entity subject to the disclaimer requirement. For purposes of determining whether a PAC or PCE is a “limited PAC” or “limited PCE” having 10 or fewer members, “member” is defined as a person who makes one or more contributions to that PAC or PCE. [R.C. 3517.105(A)] Address

When an address is required as part of the disclaimer, a street address must appear, although a post office box may also be included in addition to the required street address. [OEC Adv. 91-03] Radio and Television Advertisements

Radio advertisement disclaimers must include the name of the group responsible and an officer of the group, or the name and address of the speaker. If an officer of the group is identified, then the business or home address of the group or officer does not have to be stated on the air, but the radio station must make it available for six months to anyone who requests it. [R.C. 3517.20(B)]

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Television advertisement disclaimers must contain the name of the group responsible and an officer of the group, or the name of the speaker, as well as the business or home address of the group or speaker. This information may be either spoken or appear on the screen, or both. [R.C. 3517.20]

Telephone Banks/Pre-Recorded Phone Messages

When any candidate, campaign committee, legislative campaign fund, political party, political action committee, political contributing entity or other person or entity conducts a telephone bank to support or oppose a candidate or issue or to influence the voters in an election, the identity of the committee or other entity paying for the telephone bank must be included in the telephone call.

For the purpose of this requirement, a telephone bank occurs when all of the following conditions are met:

»» The number of telephone calls is 500 or more.

»» The content of the telephone call is identical or substantially similar.

»» The telephone calls are made within any thirty-day period.

The telephone bank definition and disclosure requirements apply whether the telephone calls are made by individuals or by machine. [R.C. 3517.20 (A)(1)(l), (C)]

Electronic Messages

Electronic messages posted on the Internet or sent via electronic mail are subject to the disclaimer requirement. Specific information to be included in the disclaimer depends on the person, committee, or group responsible for the message. [OEC Adv. 96ELC-10]

False Statements

Statements or information that are not true may not be included within political communications. Further, candidates should not use wording that would lead a person to believe that the candidate is the incumbent or has been elected to the same office if that is not true. For example, only an incumbent or someone who has previously been elected to the office may use the word “re-elect” or “return.” Appointees may use words such as “retain” or “keep.” Others should use terms such as “vote,” “for” or “elect” in a manner that indicates that they are not the incumbent. [R.C. 3517.21]

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Multi-piece Mailings

If more than one piece of printed material is mailed as a single packet, then only one of the pieces of the packet – whether on the envelope or on a piece within the envelope – must contain the disclaimer of the organization responsible for the communication. [R.C. 3517.20(A)(10)]

Use of Political Party Bulk Mailing Permit

When a political party allows someone to use its bulk mailing permit, but the postage was paid for by the candidate’s committee, the campaign committee’s disclaimer should appear. However, if the party made an in-kind gift of the postage, then the party’s disclaimer should appear on the envelope. [OEC Case No. 87A-08]

Questions regarding bulk mailing permits – use, acquisition, cost, etc. – should be directed to the U.S. Postal Service at (800) 275 – 8777 or www.USPS.com.

Updating a Disclaimer

The Ohio Elections Commission has determined that when a committee uses campaign signs or other materials from a prior campaign, the information within a disclaimer must be current when the signs are posted or the materials are distributed. A committee may update the disclaimer on signs and other materials by placing a label with the updated content over the original disclaimer printed on the item.

Permits and Placement

Some municipalities or community associations have local ordinances or charter provisions that may require a permit to place signs within a political subdivision or limit or prohibit the posting of political publications. The purchase of a sign permit is an ordinary and legitimate expenditure of the committee.

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DUTIES OF THE SECRETARY OF STATE AND COUNTY BOARDS OF ELECTIONS

Duty to Examine and Investigate

The secretary of state and county boards of elections have the duty to examine all original campaign finance reports filed with their offices. They also have the power to investigate irregularities, non- performance of campaign finance-related duties by election officials or violations of election and campaign finance laws. [R.C. 3501.05, 3517.11]

The secretary of state examines the reports of all statewide candidates, general assembly candidates, statewide political action committees, statewide political contributing entities, statewide parties, statewide ballot-issue committees and legislative campaign funds. County boards of election examine the reports of all village, township, city and county candidates, county political parties, county political action committees, county political contributing entities and county ballot-issue committees.

How an Examination is Conducted

The secretary of state examines reports for compliance with all of Ohio’s campaign finance statutes and administrative rules. From the most basic items, such as complete names and addresses for contributions received, to more complex issues, such as contribution limits and personal funds use, a routine examination includes more than 65 items to review.

When an entity has failed to provide all the necessary information or has accepted contributions or has made expenditures that appear illegal or suspect, the entity is contacted by letter detailing what information or action is needed for compliance or clarification. The statute gives the entity 21 days to respond and provide the additional information.

Many examination letters are mailed out each week from the secretary of state’s campaign-finance audit staff. It is very important that an entity reply to any correspondence issued by the secretary of state that requires additional information for compliance with Ohio’s campaign finance laws. Failure to respond is certain to result in a referral to the Ohio Elections Commission.

Top 15 Reasons for an Examination Letter

1. Blank fields: addresses and dates, etc. 2. No canceled checks provided for expenditures greater than $25. 3. Contributions reported as received from corporations. 4. Cover page not calculated correctly or does not reflect contributions or expenditures reported. 5. Failure to provide employer information, when required.

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6. Violating contribution limits. 7. Contribution or expenditure entries to or from other reporting entities not properly reported. 8. Reporting contributions and expenditures in wrong reporting period. 9. Failure to use correct balance forward. 10. Failure to update a Designation of Treasurer. 11. Improper use of a contribution. 12. Receiving cash contributions greater than $100. 13. Improper reporting of contributions received at a fundraiser. 14. Lack of contribution attribution, listing joint contributions. 15. Failure to attribute contributions from partnerships or unincorporated associations.

COMPLETING REPORTS - GENERAL RULES

When a Report is Due

With the exception of FSL PAC reports (see Chapter 6, Political Action Committees, for more information), all reports must be physically received by the secretary of state or board of elections to meet the filing deadline requirement. A report postmarked, but not received by the deadline, is a late filing and must be referred to the Ohio Elections Commission.

Treasurer Duties and Liability

Ohio law states that the treasurer is legally responsible for keeping detailed records of everything received, given or expended. If other persons assist, then the treasurer is responsible for ensuring that they are properly trained. The cover page of every report filed must be signed by the treasurer or deputy treasurer. Each report must contain a statement that the report is correct, subject to penalty for election falsification. [R.C. 3517.10(C) and (D), 3599.36; OAC 111-5-12, 111-5-14]

Faxing a Report

With the exception of the Two Business-Day Statements report filed by statewide candidates, campaign finance reports may not be faxed and must bear an original signature. Reports filed by federal political committees may be faxed as the secretary of state is not the initial repository of federal filings.

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Report Forms

All reporting forms, along with instructions for their use, are available at the secretary of state’s Web site: www.sos.state.oh.us

Filers may choose to download the forms and use them for creating reports eligible for filing in paper form. Filers may choose to create their own forms for use in paper filing, with the approval of the secretary of state’s office, as long as they are substantially similar to the forms prescribed by the secretary of state’s office. [OAC 111-5-11]

Filers seeking the approval of alternative paper forms may direct their request, along with a sample of each of the alternative forms to:

OHIO SECRETARY OF STATE CAMPAIGN FINANCE DIVISION 180 E. BROAD ST., 15TH FLOOR COLUMBUS, OH 43215

Every form has a place for the committee’s name. This is for the committee’s protection in the event that pages become detached from the report.

If a form would contain no information, then it does not have to be included in a report.

Record Retention

Committees must retain their reports for six years. The secretary of state and county boards of elections also must keep all reports filed with them for six years. [R.C. 3517.10(D), OAC 111-5-14]

Keeping Reports in Balance

Errors and mistakes in the report can easily affect the balance on hand (Line 6) on a report’s cover page, causing it to be incorrect. There are two easy steps that a treasurer should take to avoid or detect potential problems in the report. First, when a report is completed, the balance on hand (Line 6) on the cover page should equal the balance listed in the committee checkbook. If the treasurer has reported all the necessary contributions and expenditures (including service charges, interest and voided checks), then these two figures should be the same. Second, the treasurer should reconcile the statements received from the bank are balanced against the checkbook in a regular and timely fashion. These two steps will go a long way to help a treasurer ensure that no contribution or expenditure information is incorrect or has been omitted.

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Ohio Campaign Finance Law Penalties

Penalties for campaign finance and practices violations are specified in the Revised Code. Some of the most commonly requested penalties appear below.

Violation Possible Penalty Code Citation Failure to place a disclaimer on a political Fine of not more than R.C. 3517.992(U) communication in violation of R.C. 3517.20 $500. Failure to file a complete and accurate report Fine of not more than R.C. 3517.992(A)(1) required by a candidate’s campaign committee $100 per day. in violation of R.C. 3517.13(A). Failure to file a complete and accurate report Fine of not more than R.C. 3517.992(A)(2) required report by a political party or PAC in $100 per day. violation of R.C. 3517.13(A). An individual, campaign committee, PAC, Fine of three times the R.C. 3517.992(I), (J) party or legislative campaign fund making or amount accepted or receiving contributions in excess of the limits contributed, which was in violation of R.C. 3517.102. in excess of the permitted amount, unless it is (Violation by an individual must be made refunded within five days knowingly.) after it is accepted or is refunded within ten days after notification by the secretary of state or a board of elections that an excess transfer has occurred. Improper solicitation of contributions by First-degree misdemeanor. R.C. 3517.992(M)(1) statewide or county officials or candidates in violation of R.C. 3517.092. Knowing acceptance of contribution by Fine of three times R.C. 3517.992 (M)(2) statewide or county official, in violation of contribution amount and R.C. 3517.092. return of contribution. Knowing acceptance of contribution by Return of contribution. R.C. 3517.992 (M)(2) statewide or county official, in violation of R.C. 3517.092. Failure to file a required monthly or two- Fine of not more than R.C. 3517.992(A)(1) business day report by a statewide candidate $100 per day. in violation of R.C. 3517.13(A). Knowing failure of a political party to report Fine of not more than R.C. 3517.992(C) a gift or misrepresent a gift received by the $10,000. party’s building fund account in violation of R.C. 3517.101 or R.C. 3517.13 (G).

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Violation Possible Penalty Code Citation Misrepresentation or concealment of a Fine of not more than R.C. 3517.992(C) contribution or expenditure in violation of R.C. $10,000; if by a candidate, 3517.13(G). also possible forfeiture of office. Cash contributions in excess of $100 in Fine of not more than R.C. 3517.992(D) violation of R.C. 3517.13. three times the amount contributed. Conversion of campaign funds for personal use First-degree misdemeanor. R.C. 3517.992(F) in violation of R.C. 3517.13(O), (P), or (Q). Election falsification matters, such as signing a Fifth-degree felony. R.C. 3599.36 false campaign finance report. Use of corporate/labor funds for making Fine of up to three times R.C. 3517.992 (CC) Electioneering Communications within 30 the amount disbursed. days of an election.

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OHIO ELECTIONS COMMISSION

The Ohio Elections Commission consists of seven persons, six of whom are appointed by the governor on the recommendation of the combined House and Senate caucuses of each of the major political parties. Three members must be appointed from each of two major political parties with the seventh member being an unaffiliated elector appointed by the other six members. If the six members fail to appoint the seventh member within 30 days, then the chief justice of the Ohio Supreme Court makes the appointment. All members serve five-year terms. [R.C. 3517.152] The commission is empowered to hear alleged violations of campaign finance law contained in Revised Code sections 3517.08-3517.13, 3517.17, 3517.18, 3517.20-3517.22, 3599.03 and 3599.031. It is also authorized to interpret and write advisory opinions concerning campaign finance law in response to persons over whose acts it has or may have jurisdiction (e.g., campaign treasurers, committees and candidates). The commission will not give advisory opinions on activity that has already occurred, but only on possible future activity. The opinions that the commission has issued may be used for direction when making decisions. [R.C. 3517.153] Note the following advisory opinions may no longer be valid due to legislation enacted after their issuance: 87-7, 88-4, 89-2, 89-5 (part), 90-3 and 96-14. [R.C. 3517.14]

Required Elements for Filing a Complaint with the Ohio Elections Commission

Anyone may file a complaint with the commission regarding possible violations of Ohio’s campaign finance laws, Ohio’s campaign disclaimer law, Ohio’s campaign false statement law or Ohio’s limitation on corporate political activity law. To do so, a complaint must contain all of the following:

1. The name of both the person bringing the complaint, as well as the person(s) or party against whom the allegations are made. 2. Addresses for the parties. Phone numbers also, if available. 3. A statement of the alleged violation. 4. A reference to the section of the Ohio Revised Code alleged to have been violated that is within the commission’s jurisdiction. The statement must be properly notarized. For the purposes of the commission, a proper notarization includes the phrase “signed and sworn before a Notary Public.”

After a complaint is filed, the executive director of the commission will review the complaint to determine the issues contained in it and how the matter should proceed before the commission. A complaint that alleges that campaign materials contain false statements will be expedited and addressed by a probable cause panel of the commission in an accelerated manner. Complaints that allege other violations will be scheduled before the next meeting of the commission to allow the alleged violator sufficient time to file a response with the commission.

Ohio Secretary of State’s Office 14-3 Ohio Campaign Finance Handbook

Commission staff will use its best efforts to notify all parties of the date and time at which the commission will review the complaint.

At a Meeting of the Ohio Elections Commission

The commission has two separate tracks for reviewing complaints filed with it. Due to their potential impact on an impending election, complaints alleging the making of false statements during the campaign will be reviewed on an expedited basis by a probable cause panel. A probable cause panel of the commission is composed of at least three members of the commission, but not all seven members. The probable cause panel reviews the complaint and any response in an effort to determine whether the entire commission should hear the matter. If the panel does not find that there is a probability that a violation has occurred, then the complaint is immediately dismissed. If the panel finds probable cause, then the matter is set for a hearing before the full commission.

The commission reviews all other complaints at a regular meeting of the full commission. If the commission believes that it has sufficient evidence in the complaint and response to make a final determination in the matter, then the commission will proceed to a final resolution of the matter immediately. If the evidence at the preliminary review is insufficient, then the commission may schedule a full hearing of the matter for a greater presentation of the evidence at a later date.

Once the commission makes a final determination in the matter pending before it, the commission will notify all parties in writing of the nature of the decision.

What to Do if You are Alleged to Have Violated a Campaign Finance Law

Being referred to the Ohio Elections Commission for violating a campaign finance law is a potentially serious, but often routine, matter. In most cases, a few actions on your committee’s part will go a long way to resolve the problem. The first is to make sure that you respond to the OEC’s initial letter with the notarized affidavit no later than the due date mentioned in the letter. This affidavit should briefly explain your version of the events relating to the alleged violation. When either a board of elections or the secretary of state’s office has referred you, the second thing to do is to contact the referring agency to determine what your committee must do to get into compliance. Often, this means the filing of a report that was not filed or responding to a letter requesting corrections or more information.

When your case is scheduled before the commission, you and/or your legal representative are welcome to be present at the hearing.

More Information

For more information about requesting an advisory opinion or reporting a possible violation, contact the Ohio Elections Commission, 21 W. Broad St., Ste. 600, Columbus, OH 43215; (614) 466-3205. [R.C. 3517.152-3517.157]

14-4 Ohio Secretary of State’s Office Ohio Campaign Finance Handbook Chapter 15: Other Resources This page intentionally left blank. Chapter 15: Other Resources

OTHER RESOURCES

Campaign finance is under the jurisdiction of the Secretary of State’s office, the 88 county boards of elections and the Ohio Elections Commission. Questions often arise that appear related to campaign finance but are actually under the jurisdiction of other agencies.

The following is a list of other agencies and organizations that may be helpful resources:

Board of Commissioners on Grievance and Discipline, Rule 4

This body is an arm of the Ohio Supreme Court and interprets and administers Rule 4 of the Code of Judicial Conduct concerning rules for judges and judicial candidates.

Board of Commissioners on Grievances and Discipline 65 S. Front St., 5th Floor Columbus, Ohio 43215-3431 (614) 387-9370 www.sconet.state.oh.us/BOC

Federal Election Commission (FEC)

Federal campaign finance law is under the jurisdiction of this body. The campaign finance information on Ohio’s Congressional delegation is available at the FEC’s Web site in a searchable database.

Federal Elections Commission 999 E. St., NW Washington, D.C. 20463 (800) 424-9530 www.fec.gov

Internal Revenue Service (IRS)

Questions regarding investment or interest income, Form 1120 POL, section 527 filing requirements, federal tax identification numbers, whether particular contributions are tax deductible or whether political activity will affect a group’s nonprofit status, should be directed to the IRS.

Internal Revenue Service (800) 829-1040 www.irs.gov

Ohio Secretary of State’s Office 15-3 Ohio Campaign Finance Handbook

Joint Legislative Ethics Committee (JLEC)

All legislative agents and executive agency lobbyists and their respective employers must file with JLEC, which is charged with the administration and enforcement of Ohio’s lobbying laws. Information regarding lobbyists, including a complete list of registered legislative agents and executive agency lobbyists, is available from JLEC.

Joint Legislative Ethics Committee 50 W. Broad St., Ste. 1308 Columbus, OH 43215-5908 (614) 728-5100 www.jlec-olig.state.oh.us

Legislative Service Commission

The Ohio Legislative Service Commission (LSC) was created to provide technical, research, and fiscal services to members of the Ohio General Assembly. Bill documents, budget documents and status reports on pending legislation are several of the resources available at LSC’s Web site.

www.lsc.state.oh.us/index.html

Ohio Ethics Commission (OEC)

This commission reviews ethical issues in regard to elected officials, candidates for elected office and other public persons and has jurisdiction over honoraria. The Ohio Ethics Commission works with public officials, candidates and employees at the state and local levels of government, while the Joint Legislative Ethics Committee works with members and employees of, and candidates for, the general assembly, and employees of the Legislative Service Commission. The Board of Commissioners on Grievances and Discipline (see above) handles ethical questions for judges and judicial candidates. The personal financial disclosure statements of public officials and candidates are on file at the appropriate agency.

Ohio Ethics Commission 8 E. Long St., 10th Floor Columbus, OH 43215-2940 (614) 466-7090 www.ethics.state.oh.us

15-4 Ohio Secretary of State’s Office Chapter 15: Other Resources

Medicaid Providers

Candidates for attorney general and county prosecutor are prohibited from accepting any contribution from Medicaid providers under contract with the Ohio Department of Jobs & Family Services (ODJFS). The Medicaid Providers division of ODJFS has information regarding Medicaid providers. [R.C. 3599.45]

Ohio Dept. of Job and Family Services 30 E. Broad St., 31st Floor Columbus, OH 43266 (614) 644-0140 www.state.oh.us/odjfs

Ohio Municipal League (OML)

The OML was organized by city and village officials who saw the need for a statewide association to serve the interests of Ohio municipal government. Any city or village may become a member. Among the various resources the OML provides is a list of all Ohio municipalities having a charter in place as well as a list of statutory cities.

Ohio Municipal League 175 S. Third St., Suite 510 Columbus, Ohio 43215 (614) 221-4349 www.omunileague.org

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Chapter 16: Transition Funds

TRANSITION FUNDS

Officeholders elected or appointed to any elective office may establish a transition fund to receive donations and to pay costs incurred for inaugural and other related activities. The creation of a transition fund is completely optional as a candidate’s campaign committee may also pay for these same expenses. A transition fund is separate and distinct from a candidate’s campaign committee or any other fund or account. The maximum duration of existence for a transition fund is limited to 120 days. This chapter deals solely with regulations related to transition funds. [R.C. 3517.1014]

What to Do First Prior to receiving a donation or making a disbursement for the purpose of transition and inaugural activities, an officeholder – i.e. a person who has been elected or appointed any elective, non- judicial, office – must file a Establishment of transition fund and Designation of transition fund Treasurer (Form 30-T). Though a transition fund must be separate from the officeholder’s campaign committee, it is permissible for the same person to serve as treasurer for both entities. Both the designated treasurer and the officeholder must sign the Establishment of transition fund and Designation of transition fund Treasurer form.

A transition fund may be established by an officeholder pursuant to the following circumstances.

If elected at a General Election:

»» No sooner than the day after the day of the election if, based on the number of ballots outstanding and the unofficial results of the election, it is mathematically possible for the person (officeholder) to have been elected, and

»» No later than the last day of December of the year in which the election was held.

If appointed:

»» No sooner than after the person (officeholder) has been appointed to fill a vacancy in an unexpired term of a non-judicial elective office, and

»» No later than forty-five (45) days after the person is appointed to office.

If elected at a Special Election:

»» No sooner than the day after the day of the election, and

»» No later than forty-five (45) days after the election was held.

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Bank Account The treasurer must establish a bank or other financial institution account that is separate from any personal or business account and is used solely for the transition fund. All transition funds must be deposited into this separate account. All donations received and deposited, and all disbursements made from this account must be fully disclosed. Donations may only be accepted and disbursements may only be made during the transition fund’s existence.

A federal identification number may be required by the transition fund’s chosen financial institution. This number is issued by the Internal Revenue Service upon request.

Where to File Reports Although transition funds may be established by officeholders at all levels – e.g. municipal, county, state, etc. – the disclosure reports of all transition funds must be filed by electronic means with the secretary of state. [R.C. 3517.1014 (D)(2)]

When to File Reports FILING SCHEDULE For the initial disclosure filing, the treasurer of a EXAMPLE: transition fund must file a full, true, and itemized report A candidate considered of all donations received and disbursements made to be the winner based from the creation of the transition fund to the close on unofficial results of business on the fifth day before the statement is from a November General required to be filed on the following dates: election creates a transition fund on »» The fifteenth (15th) day of January of the calendar year following the general election at which the December 1st. The initial officeholder was elected, or, disclosure filing will be due on January 15th »» If the officeholder was elected at a special election to cover details from or appointed to office, the sixty-fifth (65th) day after December 1st through the transition fund is created. January 10th. Further reports are required to be filed on the fifteenth The second disclosure (15th) of each subsequent month of the fund’s existence filing will be due on to reflect donations received and disbursements made February 15th to cover from the close of business on the last day reflected in activity from January 11th the last previously filed report to the close of business through February 10th. on the fifth (5th) day before the subsequent statement is required to be filed.

16-4 Ohio Secretary of State’s Office Chapter 16: Transition Funds

What to File Each disclosure filing is required to be submitted using an online filing system and all of the following information must be provided:

A. The full name and address of the treasurer filing the report, and;

B. The full name and address of the officeholder benefitting from the transition fund, and;

C. The balance brought forward from the most recent filing, if any, and;

D. A statement of donations received, which shall include all of the following:

1. The month, day, and year on which each donation was received;

2. The full name and street address of each donor;

3. The nature of each donation, if other than money;

4. The value of each donation in dollars and cents; and

5. If applicable, the name of the donor’s current employer, or, if the donor is self-employed, the donor’s occupation and the name of the donor’s business.

E. A statement of disbursements, which shall include all of the following:

1. The name and address of the recipient of each disbursement;

2. The date of each disbursement;

3. The amount of each disbursement;

4. The purpose for which each disbursement was made; and

5. The date the transition fund incurred the cost for which the disbursement was made.

F. The balance remaining in the fund at the close of the reporting period.

The information above is required to be disclosed only once within the transition fund reporting period which covers the date of the transaction (donation or disbursement). A transaction reported in one transition fund reporting period should not be reported again in a different reporting period; nor should one transition fund report be appended to include a transaction(s) for the next reporting period.

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Donations Donations to a transition fund, of both money and in-kind goods and services, may be received from individuals, including for-profit corporations, and campaign committees. All donations must be deposited into the separate account established for the transition fund. No donation may be accepted or deposited unless the officeholder has established a transition fund.

Donation Limits Donations to the transition fund established for the joint offices of governor and lieutenant governor are limited, per donor, to $10,000. This limit applies to the aggregate value of all donations made by the donor of both money and in-kind goods and services. [R.C. 3517.1014 (C)(1)(b) & (3)(a)]

Donations to the transition fund established for an officeholder other than governor/lieutenant governor are limited, per donor, to $2,500. This limit applies to the aggregate value of all donations made by the donor of both money and in-kind goods and services. [R.C. 3517.1014 (C)(1)(c) & (3)(b)]

Disbursements A transition fund may use any donation to pay for legitimate and verifiable costs incurred for ordinary and necessary transition activities and inaugural celebrations. [R.C. 3517.1014 (A)]

These costs may include any of the following:

»» Office expenses (e.g. leases, supplies)

»» Salaries for transition personnel

»» Consulting fees

»» Food, beverages, and entertainment at an inaugural celebration.

The above-mentioned terms of legitimate and verifiable, ordinary and necessary are defined as follows:

Legitimate conforming to recognized principles or accepted rules and standards;

Verifiable able to be proven true, confirmed or authenticated;

Ordinary taking place according to customary occurrences or procedures;

Necessary appropriate and helpful to accomplishing a particular end.

16-6 Ohio Secretary of State’s Office Chapter 16: Transition Funds

Prohibitions Donations to a transition fund may not be used for the purpose of influencing the election of any candidate for any office or for influencing the results of any election. While a transition fund may accept donations from candidate campaign committees, it may not make contributions to campaign committees, political action committees, legislative campaign funds, political contributing entities, or political parties.

A transition fund may not make any disbursements to pay for or reimburse any personal expenses of the beneficiary of the transition fund, except for costs incurred for transition activities and inaugural celebrations. [R.C. 3517.1014 (G)]

Closing the Transition Fund After the payment of all costs incurred for transition activities and inaugural celebrations, the treasurer of the transition fund shall dispose of any money or assets remaining in the transition fund prior to terminating the fund by doing either of the following:

1. Giving the amount, pro rata, to all persons who made donations to that transition fund as a refund of all or part of their donations;

2. Giving the amount to a non-profit corporation that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c) of the Internal Revenue Code [R.C. 3517.1014 (H)]

In disposing of money or assets, the treasurer of a transition fund shall not refund to any campaign committee any donation received from that campaign committee.

Not later than one hundred twenty (120) days after a transition fund has been established, the treasurer of the transition fund shall file a final report of donations and disbursements. The final report shall be filed with a termination statement along with a copy of all available statements from the bank or other financial institution that held transition fund moneys. The bank or financial institution statements shall demonstrate a zero balance remaining in the transition fund account to confirm that all transition fund moneys were disposed of prior to the termination of the transition fund.

If final bank or financial institution statements are not available at the time of the filing of the final report, the transition fund must file with the secretary of state copies of the final bank or financial institution statements within five days after receiving those statements from the bank or financial institution.

Upon the filing of the final report and termination statement, the transition fund shall cease to exist. [R.C. 3517.1014 (I)]

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If, upon the completion of the official canvass of election returns for the election at which the beneficiary of a transition fund seeks election to office, it is determined that the beneficiary has not been elected to that office, within thirty days after the completion of the canvass the treasurer of the beneficiary’s transition fund shall dispose of all assets remaining in the transition fund and immediately file a final report.

16-8 Ohio Secretary of State’s Office Ohio Campaign Finance Handbook Chapter 17: Frequently Asked Questions

Chapter 17: Frequently Asked Questions

FREQUENTLY ASKED QUESTIONS

QUESTION: I forgot that today is the deadline to file my campaign finance report. May I get an extension? ANSWER: No. R.C. 3517.10 sets the dates that campaign finance reports are due. Neither the boards of elections nor the secretary of state’s office have the authority to extend a filing deadline.

QUESTION: Do I have to itemize contributions under $25? ANSWER: Contributions under $25 received at a social or fund-raising event and reported on Form 31-E may be reported together as “Contributions received $25 or less,” along with the date and aggregate amount. This exemption is never based on the cost of a ticket to attend the fund-raising event, but on the total amount each contributor contributed during the event. In-kind contributions of $300 or less that were received at a social or fund-raising event may likewise be listed under the description, “In-kind contributions received $300 or less,” along with the date and amount. It is important to note that the committee is still responsible for collecting and maintaining the underlying contributor information, even when it does not have to itemize it in the report. [R.C. 3517.10(B)] Contributions of any amount reported on form 31-A, Statement of Contributions Received, must be itemized.

QUESTION: I received a contribution from a joint checking account. How do I report the contribution? ANSWER: Unless otherwise instructed by the contributor, report the contribution as coming from the individual signing the check. If there is evidence indicating that the contribution is from both individuals, then report as two separate contribution entries, attributing half of the contribution to each, unless otherwise specified. [OAC 111-5-15]

QUESTION: Please explain the difference between “loan” and debt.” ANSWER: A loan is a monetary contribution that is expected to be repaid in the future, while a debt is assumed for goods or services secured on behalf of the committee for which reimbursement is expected. Because a loan is a monetary transfer, it must always be deposited into the committee’s campaign bank account.

Ohio Secretary of State’s Office 17-3 Ohio Campaign Finance Handbook

QUESTION: I am a candidate who will not be accepting any contributions or spending any money. Am I still required to file a Designation Of Treasurer? ANSWER: As long as there are no contributions received and no expenditures made (including the candidate’s own funds), the filing of form 30-D, Designation of Treasurer, is not required. The payment of the filing fee by the candidate from his/her personal funds does not trigger the requirement to file a Designation of Treasurer. [OAC 111-5-01]

QUESTION: I am a candidate and I would like to purchase some flowers for my staff members out of my campaign account. Is this a permissible expense? ANSWER: Yes. Using campaign funds to pay for campaign expenses, including gifts for staff or campaign workers, is permissible, as long as the gifts are reasonable in cost and form. See Chapter 2, Candidates, for more information.

QUESTION: The signs I’m using in my re-election this year list the name of my former treasurer in the disclaimer. Is there any way I can use these signs? ANSWER: The disclaimer information must be current when the communication, publication or other item is posted or distributed. Printing and placing a label with the current disclaimer information over the previous information should remedy the problem and allow for the use of the signs. This would apply to any leftover campaign items seeking to be used in subsequent elections.

QUESTION: After my previous unsuccessful campaign several years ago, I forgave $2,000 in personal loans to my committee. This year I ran for office again and was elected. I have a balance in my campaign account after the election. May I take the new campaign funds and reimburse myself for the previous loan? ANSWER: No. The Ohio Elections Commission has ruled that once a loan or debt is forgiven, it cannot be reinstated. (OEC 2001ELC-01)

17-4 Ohio Secretary of State’s Office Chapter 17: Frequently Asked Questions

QUESTION: My campaign committee received a check from a partnership. May I accept it? How should I report the contribution? ANSWER: A partnership may use its checking account to make a contribution. However, when a partnership issues a contribution check, it must also provide the recipient with details on how the check is to be allocated among one or more of the partners or owners. The partnership may not make a contribution in the name of the partnership alone. The recipient campaign committee must itemize the contribution according to the details provided – as separate individual contributions. [R.C. 3517.10 (I); OAC 111-5-21]

QUESTION: How may a political action committee (PAC) or a political contributing entity (PCE) spend its funds? ANSWER: They may only spend money for two purposes: either to influence an election or to make a charitable contribution. [R.C. 3517.01(B)(6)]

See Chapter 6, Political Action Committees, and Chapter 7, Political Contributing Entities, for more information.

QUESTION: Some friends and I want to campaign for a school levy. Do we have to report that information? ANSWER: Maybe. If the group will accept and pool resources (contributions) to expressly advocate support for the levy, it will be required to register as a ballot-issue committee. See Chapter 8, Ballot-Issue Committees, for more information.

QUESTION: My local school board has a levy on the ballot in the coming election and the board is using the school building for fund-raising events and sending notes home with my children. Is this legal and where can I go to complain about such activities? ANSWER: This question deals with the appropriate use of public property and tax monies in regard to an election. This issue is not addressed in Ohio’s campaign finance or election laws; therefore, a board of elections and the secretary of state’s office have no authority. You may contact the law director, prosecutor or auditor in the jurisdiction involved to see if this is permitted activity.

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QUESTION: I am a candidate who just won in the primary. May I use campaign funds to throw a party for my campaign workers? ANSWER: Yes. Parties and events associated with an election or a candidate’s public office are permitted. [OEC 2004ELC-03; 87-13]

QUESTION: I received a letter from the secretary of state’s office asking for more information relative to a report I filed last year. What should I do? ANSWER: Don’t ignore it! The letter you received is part of the secretary of state’s office fulfilling its duty to examine campaign finance reports for compliance with the law. The information being sought is necessary to complete the report or otherwise complete the examination of the report. State law requires your response within 21 days of receipt of the letter. Call the examiner, whose name and telephone appear on every examination letter, for any help you may need in understanding the content of the letter, the examination process or disclosure compliance.

QUESTION: What if I believe that someone has violated a campaign finance law? ANSWER: You may either contact a board of elections, or the secretary of state if statewide candidates or committees are involved, who will then consider the complaint and decide whether or not to investigate the matter and/or forward the complaint to the Ohio Elections Commission (OEC). An individual who has personal knowledge of a violation may, at any time, file a complaint directly with the Ohio Elections Commission. See Chapter 14, Ohio Elections Commission, for more information.

17-6 Ohio Secretary of State’s Office Ohio Campaign Finance Handbook Forms and Instructions 30-A R.C. 3517.10 Ohio Campaign Finance Report

Prescribed by Secretary of State 3/05 _

Full Name of Committee Registration Number, if PAC

Full Name of Candidate

Street Address Office Sought District

City State Zip Code

Annual Year Type of Report Pre-Primary Post-Primary Pre-General Post-General ______(place X to the left of report July August September Semiannual type) Monthly Monthly Monthly Termination ______MDY Amended Report? l Yes l No Report Electronically Filed? l Yes l No Date of Election

For candidates only, during an election year: if total contributions and expenditures each total $500 or less during the combined pre- and post-periods at one election, check box l No other forms are required for a post-primary or post-general period, if above statement applies. See R.C. 3517.10(H) for details.

1. Amount brought forward from last report $.

2. Total monetary contributions (From Form No. 31-A) $.

3. Total other income (From Form No. 31-A-2) $.

4. Total funds available (sum of lines 1, 2, 3) $.

5. Total monetary expenditures (From Form No. 31-B) $.

6. Balance on hand (line 4 minus line 5) $.

7. Value of in-kind contributions received (From Form No. 31-J-1) $.

8. Value of in-kind contributions made (From Form No. 31-J-2) $.

9. Outstanding loans owed by committee (From Form No. 31-C) $.

10. Outstanding debts owed by committee (From Form No. 31-N) $.

11. Outstanding loans owed to committee (From Form No. 31-K) $.

12. Value of independent expenditures made (From Form No. 31-U) $.

13. For Electronic Filing Entities only Sum of lines 2, 7, and amount of any new loans received this period. $.

THE INFORMATION CONTAINED IN THIS REPORT IS MADE UNDER THE PENALTY OF ELECTION FALSIFICATION. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.

______Print Name and Title (Treasurer and Deputy Treasurer only) Signature Date

Contribution Expenditure Other Total pages______pages______pages______pages______Forms and Instructions

Ohio Campaign Finance Report (Cover Page) — Form 30-A

This form has been designed so that candidates’ campaign The monetary totals on Lines 1 through 6 should include committees, legislative campaign committees, political only contribution, expenditure and loan activity that action committees (PACs), political contributing entities transpired through the committee’s separate bank (PCE) and political parties all use the same form. account(s).

Cover pages identify who filed the report and what A candidate’s report must be signed by the treasurer or reporting period is covered. They also summarize the deputy treasurer. If a treasurer was not appointed, the details inside the report. Do not use the cover page as a candidate is the treasurer. It may be helpful to designate substitute for listing information on the appropriate form. a deputy treasurer in the event that the treasurer is not For example, do not explain about receiving interest on the available to sign the report at the time of a filing deadline. cover page; report the interest on the Other Income form. The candidate cannot sign the report unless he or she is the Candidates who qualify may file a Cover Page only report treasurer or deputy treasurer [R.C. 3517.081, 3517.10(C), per R.C. 3517.10(H). (D)].

The registration number of a statewide PAC should appear PAC, PCE political party and legislative campaign on each report, addendum or piece of correspondence. committee reports must be signed by either a treasurer or deputy treasurer. The State block should be completed with the U.S. Post Office’s standard two-letter abbreviation. For example, Ohio The original signature of the treasurer or deputy treasurer would appear as OH. must appear.

The Date block should be completed with six digits. For Electronic Filing Entities Only - State PACs, state PCEs, example, March 9, 2009, would appear as 03 09 09. political parties, legislative campaign committees and campaign committees of general assembly and judge of a The Amended Report box should be marked “Yes” only court of appeals candidates must list on line 13, the sum if the report is being filed to correct, add to, or in some of lines 2, 7 and the amount of any new loans received way change a report that has already been filed. Do not this period. This calculation is necessary to determine the combine a correction report (addendum) with an original amount of total contributions for purposes of deciding if a filing. For example, do not attach canceled check copies committee has reached the electronic filing thresholds in from a prior report to a subsequent report. R.C. 3517.106.

The Report Electronically Filed box should be marked if the Cover Page numbering guide report was filed electronically. Contribution pages - Forms 31-A, 31-E, 31-J-1, 31-G, 30-C, 31-P, 31-R, 31-T The cover page is the means by which a committee may Expenditure pages - Forms 31-B, 31-F, 31-J-2, 31-I, 31-M, terminate. If the committee has no debts, no loans and no 31-U balance on hand, and the committee wishes to close, mark Other pages - Forms 30-A, 31-C, 31-N, 31-K the box next to the word “termination.” Receipt pages are not included in the Total Pages. The pages Only statewide candidates file monthly reports. They do of the report should be numbered consecutively in the top so only in the year in which they run for election. The first right corner with the Cover as page one. report filed by a committee should reflect a zero on line 1 (amount brought forward). Otherwise, line 1 should be the same amount that appeared on line 6 (ending balance on hand) of the last previously filed report. Do not list a different amount with an explanation. Any discrepancy between the last ending balance and the current amount brought forward must be accounted for by an addendum. The ending balance on hand should not be a negative number. This would indicate that your committee has spent more funds than it has received.

Ohio Secretary of State’s Office A-3 30-B-1 R.C. 3599.03 Page ______Contributions from a Corporation or Labor Organization Supporting or Opposing Ballot Issues* Prescribed by Secretary of State 3/05

Name of Corporation or Labor Organization

Street Address

City Sta te Zip Code

Type of Report (Place X to the left Pre-Primary Post-Primary Pre-General Post-General Pre-Special of report type) M DY Date of Election Post-Special

Receiving Committee

Address Ballot Issue Description M D Y Amount

City State Zip Code Cash, Check, Item or Service

Receiving Committee

Address Ballot Issue Description M D Y Amount

City State Zip Code Cash, Check, Item or Service

Receiving Committee

Address Ballot Issue Description M D Y Amount

City State Zip Code Cash, Check, Item or Service

Receiving Committee

Address Ballot Issue Description M D Y Amount

City State Zip Code Cash, Check, Item or Service

* Includes in-kind contributions made.

THE INFORMATION CONTAINED IN THIS REPORT IS MADE UNDER PENALTY OF ELECTION FALSIFICATION. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.

______Print Name and Title Signature Date

Page Total $ ______Forms and Instructions

Contributions from a Corporation or Labor Organization Supporting or Opposing Ballot Issues — Form 30-B-1 This form is used when a corporation or labor A pre-election filing is due by 4 p.m. 12 days before organization makes a contribution directly from an election if $1,000 or more in money or benefits its treasury to a ballot issue or levy committee. The was contributed by the 20th day before the election. contribution may be either monetary or inkind. A post-election filing is due by 4 p.m. 38 days after The 30-B-1 form is filed with the secretary of state for the election if: statewide issues. If the ballot issue is not a statewide issue, the form is filed with the appropriate county 1. Money or benefits were contributed totaling less board(s) of elections. [R.C. 3517.11(A), 3599.03(C)]. than $1,000 by the 20th day before the election and no pre-election filing was made; or The corporation or labor organization is responsible for filing this form when required. 2. Any money or benefits were contributed between the 20th day before the election and the 31st day after The Receiving Committee block should reflect the the election. ballot issue committee information. If a PAC sponsored by a corporation or labor If the contribution was in-kind, a description of the organization makes the contribution rather than item or service should be placed in the Cash, Check, the corporation or labor organization itself, the Item or Service block. expenditure should appear in a PAC report, not on this form. If the contribution was monetary, cash or check should be indicated. If a political contributing entity (PCE) makes a contribution, the expenditure should appear on the The Date block should be completed with six digits. PCE report, not on this form. For example, March 9, 2009, would appear as 03 09 09. The form may be signed by any member of the corporation or labor organization. The State block should be completed with the U.S. Post Office’s standard two-letter abbreviation. For example, Ohio would appear as OH.

Ohio Secretary of State’s Office A-5 30-B-2 Page ______R.C. 3517.105 Independent Expenditures from a Corporation or Labor Organization Supporting or Opposing Ballot Issues*

Prescribed by Secretary of State 3/05

Name of Corporation or Labor Organization

Street Address

City Sta te Zip Code

Type of Report (Place X to the left of Pre-Primary Post-Primary Pre-General Post-General Annual Semiannual report type) MDY Date of Election Pre-Special Post-Special

Ballot Issue l Support l Oppose To Whom Paid

Address Purpose M D Y Amount

City State Zip Code

Ballot Issue l Support l Oppose To Whom Paid

Address Purpose M D Y Amount

City State Zip Code

Ballot Issue l Support l Oppose To Whom Paid

Address Purpose M D Y Amount

City State Zip Code

* Independent expenditures do NOT include in-kind contributions made.

THE INFORMATION CONTAINED IN THIS REPORT IS MADE UNDER PENALTY OF ELECTION FALSIFICATION. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.

______Print Name and Title Signature Date

Page Total $ ______Forms and Instructions

Independent Expenditures from a Corporation or Labor Organization Supporting or Opposing Ballot Issues — Form 30-B-2 For the purpose of this form, an independent The 30-B-2 form is filed with the secretary of state for expenditure is an expenditure for or against a statewide issues. If the ballot issue is not a statewide ballot issue that is not made with the consent of, or issue, the form is filed with the appropriate county coordinated with, a political action committee (PAC) board(s) of elections. (R.C. 3599.03) organized to support or oppose the ballot issue or the PAC’s agent. If the item or service provided was A pre-election filing is due by 4 p.m. 12 days before made with the consent of, or coordinated in some an election if $1,000 or more in independent manner with, a registered ballot issue PAC, it should expenditures were made (including benefits provided) instead be reported on Form 30-B-1 as an in-kind by the 20th day before the election. contribution [R.C. 3517.01(B)(17)]. A post-election filing is due by 4 p.m. 38 days after This form is not filed as a part of a campaign finance the election if: report. 1. Independent expenditures were made (including Different forms exist for PACs and political benefits provided) totaling less than $1,000 by the contributing entities (PCEs) that file campaign finance 20th day before the election and no pre-election filing reports. If a PAC sponsored by a corporation or labor was made; or organization or a PCE makes the expenditure rather than the corporation or labor organization itself, the 2. Any independent expenditures were made expenditure should appear on Form 31-U in a PAC or (including benefits provided) between the 20th day PCE report, not on this form. before the election and the 31st day after the election.

The Ballot Issue block should identify the ballot issue A Semiannual filing is due by 4 p.m. on the last that is being supported or opposed. business day of July if any independent expenditures were made (including benefits provided) between the The To Whom Paid block and the address should last day reflected in the previously filed statement, if reflect the name and address of the vendor from any, to the close of business on the last day of June of whom the goods or services were purchased. that year.

The Date block should be completed with six digits. An annual filing is due by 4 p.m. on the last business For example, March 9, 2009, would appear as day of January if any independent expenditures were 03 09 09. made (including benefits provided) after the 31st day after the election and December 31. The State block should be completed with the U.S. Post Office’s standard two-letter abbreviation. For Any member of the corporation or labor organization example, Ohio would appear as OH. may sign the form.

Ohio Secretary of State’s Office A-7 30-C R.C. 3517.10 Page ______Two-Business-Day Statement

Prescribed by Secretary of State 3/05

Full Name of Committee

Street Address

City State Zip Code

Full Name of Contributor Registration Number, if PAC

Street Address Employer/Occupation/Labor Organization*

City State Zip Code M D Y Aggregate Amount

Full Name of Contributor Registration Number, if PAC

Street Address Employer/Occupation/Labor Organization*

City State Zip Code M D Y Aggregate Amount

Full Name of Contributor Registration Number, if PAC

Street Address Employer/Occupation/Labor Organization*

City State Zip Code M D Y Aggregate Amount

Full Name of Contributor Registration Number, if PAC

Street Address Employer/Occupation/Labor Organization*

City State Zip Code M D Y Aggregate Amount

Full Name of Contributor Registration Number, if PAC

Street Address Employer/Occupation/Labor Organization*

City State Zip Code M D Y Aggregate Amount

This form is filed by the campaign committees of candidates for the office of governor/lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney gen- eral and candidates for supreme court justice or chief justice if, during the period from the 19th day before the election at which they are running, a contributor contributes an aggregate amount of $10,000 or more for that period.

* Required for contributions over $100 to statewide and general assembly candidates. If contributor is self-employed, the occupation and the name of the individual’s business, if any, rather than employer should be listed. If two or more employees contribute via payroll deduction and exceed the aggregate of $100, the labor organiza- tion of which the employees are members, if any, must appear. [R.C. 3517.10(B)(4)]

This form stands alone and does not replace any forms or reporting requirements within a campaign finance report. It is the only form which may be faxed to (614) 752-4360.

THE INFORMATION CONTAINED IN THIS REPORT IS MADE UNDER THE PENALTY OF ELECTION FALSIFICATION. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE. Forms and Instructions

Two-Business-Day Statement — Form 30-C

The campaign committees of the joint candidates Except for FSL PACs, this is the only form that may be for the office of governor and lieutenant governor or sent by facsimile (fax). The fax number is for the office of secretary of state, auditor of state, (614) 752-4360. treasurer of state, attorney general, chief justice, or justice of the supreme court must complete this The State block should be completed with the U.S. form during the year in which they appear on the Post Office’s standard two-letter abbreviation. For ballot if, between the 19th day before the general example, Ohio would appear as OH. election through the day of the general election, the committee receives from a contributor one or more The Date block should be completed with six digits. contributions aggregating $10,000 or more during For example, March 9, 2009, would appear as that period. 03 09 09.

The form must be filed with the secretary of state’s The contributions listed on this form must also be office within two business days of receipt of the disclosed in the next-filed campaign finance report. contribution. The campaign committees of legislative or state board of education candidates are not included in this requirement.

Ohio Secretary of State’s Office A-9 30-D R.C. 3517.10 Designation of Treasurer Prescribed by Secretary of State 07/05 All Committees Full Name of Committee

Street Address Telephone Number e-mail Address

City State Zip Code FAX Number

Full Name of Treasurer

Street Address Telephone Number e-mail Address

City State Zip Code FAX Number

Full Name of Deputy Treasurer (if any)

Street Address Telephone Number e-mail Address

City State Zip Code FAX Number

Candidate’s Campaign Committees Only Full Name of Candidate Party Affiliation/Independent/Non-Partisan

Street Address Office Sought Subdivision/District

City State Zip Code Election Year

Signature of Candidate Date

Political Action Committees Only Is the PAC sponsored by a labor If Yes, name the sponsor Acronym, if any organization or corporation? l No l Yes. PAC Registration Number Authorized Signature Date List any affiliated PACs

Political Parties, Political Contributing Entities, or Legislative Campaign Funds Only Authorized Signature Date Ballot Issue PAC? l Yes l No

______Signature of Treasurer Date Reason(s) for filing this form: l Original Designation of Treasurer/Acknowledgement of Appointment l Change of Treasurer/Acknowledgement of Appointment l Designation or change of Deputy Treasurer l Change of Address for ______

l Change of Committee name. The previous name was: ______l Change of Filing Location. The previous location was: ______The new location is: ______

l Change of Office Sought from ______to ______l Other. Please explain: ______Forms and Instructions

Designation of Treasurer — Form 30-D

A Designation of Treasurer form must be filed before A Designation of Treasurer form should not be filed as a candidate’s campaign committee, political action part of a report. It is a separate filing. It is not required committee (PAC), political contributing entity (PCE), whenever a report is filed. legislative campaign fund or political party makes any expenditures or receives any contributions. It is Political action committees filing with the secretary recommended that candidates who do not anticipate of state that have not yet been assigned a registration receiving or spending anything also file this form. number may leave that block empty. [R.C. 3517.10(D)] The name of a candidate’s campaign committee must This form has been designed so that candidates’ include the last name of the candidate. A candidate campaign committees, legislative campaign may have only one campaign committee. committees, political action committees, political contributing entities and political parties all use the If a committee wishes to change its place of filing, same form. Each type of committee should complete it does not have to terminate the committee. For the top third of the form. Note that a street address, example, a candidate or PAC may decide to change not a post office box is required in all addresses. its focus from the local level to the statewide level. The committee may send an original Designation of The State block should be completed with the U.S. Treasurer form to register with the new place of filing, Post Office’s standard two-letter abbreviation. For while sending a photocopy of the form to the old example, Ohio would appear as OH. place of filing so that no further reports are expected at the prior location. The box indicating a change in A candidate, legislative campaign committee, the place of filing should be checked. PAC, PCE or political party registers by filing a Designation of Treasurer form. Thereafter, the form is A PAC must indicate whether it is a “ballot-issue used to update basic information. For example, if a PAC.” committee has already registered, but subsequently changes its address, the Designation of Treasurer Candidates must, and the treasurers should, sign form is used to update the information. In addition their Designation of Treasurer forms. Any authorized to address changes, the form can be used to update person may sign PAC, PCE and political party forms. a committee name change, a treasurer or deputy When a treasurer or deputy treasurer resigns or is treasurer change, change of place of filing or to replaced, a revised Designation of Treasurer form indicate that a candidate is running for a different should be filed immediately. The fact that the previous office. The appropriate box at the bottom of the form treasurer’s name is no longer listed will indicate that should be marked to reflect why the form is being he or she no longer holds the position. filed. The form should be completed in full each time it is filed.

Ohio Secretary of State’s Office A-11 30-D-1 R.C. 3517.106

Electronic Filing Registration Prescribed by Secretary of State 02/01

All Committees Full Name of Committee

Street Address Telepone Number

City State Zip Code PAC Registration Number (if any)

Full Name of Candidate (if any) Office Sought (if any)

Email Filers Only - Email Addresses Authorized to Submit Campaign Finance Reports email Address #1 (Required) Individual Associated with this Address email Address #2 (Optional) Individual Associated with this Address email Address #3 (Optional) Individual Associated with this Address

All Committees Signature of Candidate or Treasurer Date Forms and Instructions

Electronic Filing Registration — Form 30-D-1

This form is used by the secretary of state’s office The full committee name, address, etc. must be the to register a committee to file its campaign finance same as those listed on the committee’s most recent reports electronically pursuant to R.C. 3517.106. Designation of Treasurer (Form 30-D). An updated Only the committees of candidates for statewide 30-D should be filed if the committee information, office, candidates for general assembly, candidates i.e. address or treasurer(s) changes. All committees for judge of a court of appeals, state political parties, should complete this section. county political parties (when required by law), legislative campaign funds, state political action Committees filing reports via the E-mail option will committees (PACs) or state political contributing need to complete the bottom section of the form. As entities (PCEs) are to use this form. This form does not a security feature to prevent the filing of false reports, replace or substitute for a Designation of Treasurer email submissions must come from a designated pre- form. A committee still must file a Designation of authorized email address. A committee may designate Treasurer Form 30-D prior to receiving contributions up to three email addresses as authorized submission or making expenditures. addresses. The name of the individual associated with the email address should also be indicated. Committees wishing to file campaign finance reports electronically utilizing either the Online Internet or This form must be signed by either the candidate or the Email filing options must submit this form to the treasurer of the committee and filed directly with the secretary of state’s office prior to attempting to file. Ohio secretary of state’s office.

All committees that register to file electronically will receive from the secretary of state’s office a user name, password, and an electronic signature unique to the committee.

Ohio Secretary of State’s Office A-13 30-E Page ______R.C. 3517.105 Independent Expenditures Made by Individuals, Partnerships or Other Entities*

Prescribed by Secretary of State 07/05

Name of Individual, Partnership or Other Entity

Street Address

City State Zip Code

Type of Report (Place X to the left of report Pre-Primary Post-Primary Pre-General Post-General Annual type) MDY Date of Election Pre-Special Post-Special Semiannual

Candidate or Ballot Issue If Candidate, Office Sought l Support l Oppose To Whom Paid

Address Purpose M D Y Amount

City State Zip Code

Candidate or Ballot Issue If Candidate, Office Sought l Support l Oppose To Whom Paid

Address Purpose M D Y Amount

City State Zip Code

Candidate or Ballot Issue If Candidate, Office Sought l Support l Oppose To Whom Paid

Address Purpose M D Y Amount

City State Zip Code

*Other Entities do not include corporations, labor organizations, campaign committees, legislative campaign funds, PACs, political contributing entities (PCEs) or political parties.

THE INFORMATION CONTAINED IN THIS REPORT IS MADE UNDER PENALTY OF ELECTION FALSIFICATION. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.

______Signature Date

______Print Name (and Title, if applicable)

Page Total $ ______Forms and Instructions

Independent Expenditures Made by Individuals, Partnerships or Other Entities — Form 30-E For the purpose of this form, an independent The Date block should be completed with six digits. expenditure is an expenditure for or against a For example, March 9, 2009, would appear as candidate or ballot issue that is not made with the 03 09 09. consent of, or coordinated with, the candidate’s campaign committee, a registered PAC, a political A pre-election filing is due by 4 p.m. 12 days before contributing entity (PCE) or its agent. If the item or an election if $1,000 or more in independent service provided was made with the consent of, or expenditures were made (including benefits provided) coordinated in some manner with, the benefiting by the 20th day before the election. committee, no reporting requirement exists for individuals or partnerships that do not constitute a A post-election filing is due by 4 p.m. 38 days after committee [R.C. 3517.01(B)(17)]. the election if:

If independent expenditure(s) of less than or equal to 1. Independent expenditures were made (including $100.00 were made for or against a ballot issue, no benefits provided) totaling less than $1,000 by the form is required to be filed. [R.C. 3517.105(C)(2)(b)] 20th day before the election and no pre-election filing was made; or This form stands alone and should not be filed by a corporate PAC, labor organization, other type of PAC, 2. Any independent expenditures were made PCE, legislative campaign fund or political party. (including benefits provided) between the 20th day Committees that file campaign finance reports should before the election and the 31st day after the election. file Form no. 31-U, not 30-E. Corporations and labor A Semiannual filing is due by 4 p.m. on the last organizations cannot make independent expenditures business day of July if any independent expenditures in were made (including benefits provided) between the regard to candidates. If corporations or labor last day reflected in the previously filed statement, if organizations make independent expenditures in any, to the close of business on the last day of June of regard to ballot issues, they should file Form no. that year. 30-B-2. An annual filing is due by 4 p.m. on the last business The State block should be completed with the U.S. day of January if any independent expenditures were Post Office’s standard two-letter abbreviation. For made (including benefits provided) between the 31st example, Ohio would appear as OH. day after the election and December 31.

Ohio Secretary of State’s Office A-15 Reset Form

31-A R.C. 3517.10 Page ______Statement of Contributions Received Prescribed by Secretary of State 03/05

Name of Committee in Full

Full Name of Contributor Registration Number, if PAC

Street Address Employer/Occupation/Labor Organization* Form (Cash, Check, etc.)

City State Zip Code M D Y Amount

Full Name of Contributor Registration Number, if PAC

Street Address Employer/Occupation/Labor Organization* Form (Cash, Check, etc.)

City State Zip Code M D Y Amount

Full Name of Contributor Registration Number, if PAC

Street Address Employer/Occupation/Labor Organization* Form (Cash, Check, etc.)

City State Zip Code M D Y Amount

Full Name of Contributor Registration Number, if PAC

Street Address Employer/Occupation/Labor Organization* Form (Cash, Check, etc.)

City State Zip Code M D Y Amount

Full Name of Contributor Registration Number, if PAC

Street Address Employer/Occupation/Labor Organization* Form (Cash, Check, etc.)

City State Zip Code M D Y Amount

Full Name of Contributor Registration Number, if PAC

Street Address Employer/Occupation/Labor Organization* Form (Cash, Check, etc.)

City State Zip Code M D Y Amount

Full Name of Contributor Registration Number, if PAC

Street Address Employer/Occupation/Labor Organization* Form (Cash, Check, etc.)

City State Zip Code M D Y Amount

Full Name of Contributor Registration Number, if PAC

Street Address Employer/Occupation/Labor Organization* Form (Cash, Check, etc.)

City State Zip Code M D Y Amount

* Required for contributions from individuals over $100 to statewide and general assembly candidates. If contributor is self-employed, the occupation and the name of the individual’s business, if any, rather than employer should be listed. If two or more employees contribute via payroll deduction and exceed the aggregate of $100, the labor organization of which the employees are members, if any, must also appear. [R.C. 3517.10(B)(4)]

Page Total $ ______Forms and Instructions

Statement of Contributions Received — Form 31-A

The Statement of Contributions lists all money received For reporting purposes, these entities are considered except interest income, loans, refunds or prior unincorporated associations or, if applicable, expenditures that are returned to the committee partnerships. If a contribution is received from a [R.C. 3517.10(B), (D)]. partnership, unincorporated business or unincorporated association, the name of the person making the Every contributor’s name, address and amount contribution as well as the company name must be contributed must be listed except contributions of $25 or provided. less received at specific fund-raising events. The treasurer must still keep records of these contributions even if they You should not list the names of two contributors in the are not required in the report. Full Name of the Contributor field. Each contribution received from individuals must be attributed to a single Political parties are exempt from listing contributor person. When a check has more than one individual addresses. listed on it, ask who the actual contributor is or list the person who signed the check. (O.A.C. 111-5- 21) If a contribution is received via periodic payroll deduction, the committee may list the aggregate dollar Contributors may not remain anonymous by request. amount received during the reporting period in the If a contributor does not want to be identified, the Amount field. As the date received, the committee may contribution should not be made. However, if an use the date range of the pay period or the date of the anonymous contribution is received, efforts must be last pay period in which the contribution was received. made by the committee to identify the contributor.

The State block should be completed with the U.S. Post If the efforts are unsuccessful, the contribution should Office’s standard two-letter abbreviation. For example, have an explanation of the circumstances that caused it Ohio would appear as OH. to be anonymous and a description of the efforts made to determine the contributor’s identity. This information The Date block should be completed with six digits. For should appear in the address portion of the contribution example, March 9, 2009, would appear as 03 09 09. page entry. If fund-raising events are held during a reporting period, the total amount of contributions The date of a contribution is the date that an agent of the received during each event is transferred to this form committee receives the contribution. It is not the date of from the Statement of Contributions for a Social or Fund- deposit or the date on the check. Raising Event. If public officeholders receive employee contributions, other than at a fund-raising event, the total A complete street address including a zip code must be should be transferred to this form from the Contributors provided. The form in which the contribution is received in Officeholder’s Employ form. A transfer is done by must be indicated, such as check, cash or money order. placing the words “Total contributions from Form no. Cash means currency or coin. 31-E,” or “Total employee contributions,” as appropriate A contribution received from a statewide PAC must list to the situation, in one of the lines marked Full Name of its registration number. A contribution from a Federal Contributor. PAC may include the Federal PAC registration number. The total of all the Statement of Contributions pages The registration number block may also be used to should appear on line two of the cover page. The list that a contribution was received from a political Employer/Occupation/Labor Organization block must be contributing entity (PCE) or local PAC, neither of which used by statewide or general assembly candidates when have a registration number. they have received individual contributions greater than Legal professional associations and other professional $100. If the contributor is self-employed, the occupation associations that have incorporated and limited liability and the name of the individual’s business, if any, rather corporations are not “corporations” under R.C. 3599.03 than the employer, should be provided. However, all and are not prohibited from contributing to partisan filers may use the block for contributions received in any elections [OEC Adv. No. 96-03]. amount from a partnership or unincorporated business when the name of the person as well as the business is required to be provided.

Ohio Secretary of State’s Office A-17 31-A-2 R.C. 3517.10(B) Page ______Statement of Other Income Prescribed by Secretary of State 2/01

Name of Committee in Full

Full Name Registration Number, if PAC

Address Type* Contributor Type3 M D Y Amount (3 letter code)

City State Zip Code Form (Cash, Check, etc.)

Full Name Registration Number, if PAC

Address Type* Contributor Type3 M D Y Amount (3 letter code)

City State Zip Code Form (Cash, Check, etc.)

Full Name Registration Number, if PAC

Address Type* Contributor Type3 M D Y Amount (3 letter code)

City State Zip Code Form (Cash, Check, etc.)

Full Name Registration Number, if PAC

Address Type* Contributor Type3 M D Y Amount (3 letter code)

City State Zip Code Form (Cash, Check, etc.)

Full Name Registration Number, if PAC

Address Type* Contributor Type3 M D Y Amount (3 letter code)

City State Zip Code Form (Cash, Check, etc.)

Full Name Registration Number, if PAC

Address Type* Contributor Type3 M D Y Amount (3 letter code)

City State Zip Code Form (Cash, Check, etc.)

Full Name Registration Number, if PAC

Address Type* Contributor Type3 M D Y Amount (3 letter code)

City State Zip Code Form (Cash, Check, etc.)

Full Name Registration Number, if PAC

Address Type* Contributor Type3 M D Y Amount (3 letter code)

City State Zip Code Form (Cash, Check, etc.)

* Place the two letter code in the Type block (one letter per square) which indicates the nature of the Other Income Received; RE for a refund, uncashed check or the committee’s own insufficient funds check received, IN for any investment or interest income earned by the committee, SA for the sale of committee assets, or LN for payments received on a loan made.

Page Total $ ______Forms and Instructions

Statement of Other Income — Form 31-A-2

The Statement of Other Income lists all interest A check from a contributor that was not honored income, the total of all loans received in the current by the bank should be itemized on the Statement of reporting period, refunds and all prior expenditures Expenditures. that are returned to the committee. If loans are received during a reporting period, their A complete street address including zip code, should total is transferred to this form from the Statement of be provided. Bank entries need only the city and Loans Received form. If payments are received on state. The form in which the contribution is received loans owed to the committee, their total is transferred must be indicated, such as check, cash or money to this form from the Statement of Loans Received order. Cash means currency or coin. form.

The State block should be completed with the U.S. The total of all the Statement of Other Income pages Post Office’s standard two-letter abbreviation. For should appear on line three of the cover page. example, Ohio would appear as OH.

The Date block should be completed with six digits. For example, March 9, 2009, would appear as 03 09 09.

The Type block should reflect one of the two letter codes. “RE” should appear if the Other Income consists of a refund, an uncashed check or the committee’s own insufficient funds check. “IN” should appear if the Other Income consists of investment or interest income earned by the committee. “SA” should appear if the Other Income has been received from the sale of committee assets. “LN” should appear if the Other Income consists of payments on a loan.

Ohio Secretary of State’s Office A-19 31-AA R.C. 3517.109(G)

Waiver of Declaration of Filing-Day Finances

Prescribed by Secretary of State 9/99 Due: not later than seven days after the petition filing deadline. Any candidate who does not file this waiver must file a Declaration of Filing-Day Finances not later than seven days after the petition filing deadline.

The ______campaign committee established for the candidacy of (Committee’s name)

______who is seeking the office of ______, (Candidate’s name) (Office sought; if general assembly, or state board of education include district)

to appear on the ballot in the year ______attests that:

1) the campaign committee did not accept any aggregate contribution from a contributor in excess of the lim- its provided in R.C. 3517.102 during the pre-filing period as defined in R.C. 3517.109; and

2) the campaign committee had less than the carry-in amount in cash on hand at the beginning of the pre-filing period, if applicable. (House candidates $35,000, Senate candidates $100,000 and statewide candidates $200,000.)

Therefore the undersigned attests that the campaign committee is not required to file a Declaration of Filing-Day Finances.

This statement made under the penalty of election falsification. Whoever commits election falsification is guilty of a felony of the fifth degree.

______Print Candidate Name

______Candidate’s Signature Date 31-B R.C. 3517.10 Statement of Expenditures Page ______Prescribed by Secretary of State 2/01

Name of Committee in Full

To Whom Paid M D Y Amount

Address Purpose

City State Zip Code Check Number

To Whom Paid M D Y Amount

Address Purpose

City State Zip Code Check Number

To Whom Paid M D Y Amount

Address Purpose

City State Zip Code Check Number

To Whom Paid M D Y Amount

Address Purpose

City State Zip Code Check Number

To Whom Paid M D Y Amount

Address Purpose

City State Zip Code Check Number

To Whom Paid M D Y Amount

Address Purpose

City State Zip Code Check Number

To Whom Paid M D Y Amount

Address Purpose

City State Zip Code Check Number

To Whom Paid M D Y Amount

Address Purpose

City State Zip Code Check Number

Page Total $ ______

$0.00 Ohio Campaign Finance Handbook

Statement of Expenditures — Form 31-B

The Statement of Expenditures lists the purpose for If expenses are billed to a credit card, the Statement which funds were used, the name and address of the of Expenditures should not reflect only a single entry entity to which the expenditure was made, and the to the credit card company. Each underlying date, amount and date of each expenditure recipient, amount and purpose must appear. If the [R.C. 3517.10(B)]. committee uses a credit card, a copy of the itemized billing statement or credit card receipt should be The date listed for each expense should be the attached in addition to a copy of the canceled check date that a check or other payment instrument is to the credit card company. mailed, handed over or transmitted. List each payee’s complete address. The administrative, establishment and solicitation expenses paid by a corporate or labor organization The Date block should be completed with six digits. sponsor of a PAC should not be listed on this form. For example, March 9, 2009, would appear as (See Form no. 31-I.) 03 09 09. An internal transfer of committee funds or an The Purpose block should list the specific reason that investment purchase such as a certificate of deposit the expense was made; purposes such as “expense” should not be shown as an expenditure. The money or “miscellaneous” are vague, and therefore, not still belongs to the committee and has only been acceptable. moved into a different account. The campaign finance law does not prohibit committee investments, The State block should be completed with the U.S. although such investments may not be in the name of Post Office’s standard two-letter abbreviation. For a candidate. example, Ohio would appear as OH. A check from a contributor that is returned because The Check Number block should be completed with of insufficient funds should be itemized on this form, the number of the committee check used to make the stating the name, address, amount and reason. expenditure. Expenditures made by personal check should not be listed on this form. The total expenditures for each fund-raising event should be transferred to this form. A transfer is done Copies of canceled checks or receipts for all expenses by placing the words, “Expenditures from Form 31-F” more than $25 must be attached to the report. A copy in the To Whom Paid block along with the amount in of the bank statement may be used for bank charges the amount block. more than $25. In the event that the report is due before checks are available, note within the report Any independent expenditures made by a campaign which checks are outstanding. As soon as the checks committee, political party, legislative campaign are available, they should be filed as an addendum committee, PAC or political contributing entity must to the report. The addendum should either bear a be itemized on Form 31-U. cover letter or a report cover page clearly indicating what committee is filing and what type of addendum The total of all Statement of Expenditures pages is being filed. Do not wait until the next reporting should appear on line 5 of the cover page. period to file the addendum to the former report. Do not attach checks from one report to a report from a different reporting period.

A-22 Ohio Secretary of State’s Office 31-BB R.C. 3517.10(K)(1)

Local Candidate Finance Report Waiver

Prescribed by Secretary of State 1/98 Due: Ten days after declaration of candidacy, nominating petition, or declaration of intent to be a write-in is filed.

The ______campaign committee established for the candidacy of (Committee’s name, if applicable)

______who is running for the office of ______, (Candidate’s name) (Office sought) to appear on the ballot in the year ______states the office sought is:

(Choose one applicable option)

___a municipal office that pays an annual amount of compensation of five thousand dollars or less;

___a member of a board of education except member of the state board of education; or

___township trustee or township clerk.

The undersigned attests that the campaign committee will not accept total aggregate contributions that exceed two thousand dollars from all contributors nor more than one hundred dollars from any single individual contrib- utor and will not make total expenditures in excess of two thousand dollars during any election period. Therefore the committee is not required to file any campaign finance reports otherwise required to be filed by R.C. 3517.10(A).

If the committee exceeds these limits, the committee is responsible to report all contributions received and expenditures made from the time the candidate filed the candidacy petition on the next required finance state- ment to be filed under R.C. 3517.10(A).

This statement made under the penalty of election falsification. Whoever commits election falsification is guilty of a felony of the fifth degree.

______Print Treasurer’s or Deputy Treasurer’s Name

______Treasurer’s or Deputy Treasurer’s Signature Date 31-C R.C. 3517.10 Page ______Statement of Loans Received Prescribed by Secretary of State 3/05

Full Name of Committee

From Whom Received Prior Amount Amt. Incurred this Period

Address Outstanding Balance

City St ate Zip Code Loans Received This Period Payments This Period Date Amount Date Amount MDYM D Y$ M D Y$ Date Loan was originally Incurred Registration Number, if PAC MDY MDY

Employer/Occupation/Labor Organization* MDY MDY

From Whom Received Prior Amount Amt. Incurred this Period

Address Outstanding Balance

City St ate Zip Code Loans Received This Period Payments This Period Date Amount Date Amount MDYM D Y$ M D Y$ Date Loan was originally Incurred Registration Number, if PAC MDY MDY

Employer/Occupation/Labor Organization* MDY MDY

From Whom Received Prior Amount Amt. Incurred this Period

Address Outstanding Balance

City St ate Zip Code Loans Received This Period Payments This Period Date Amount Date Amount MDYM D Y$ M D Y$ Date Loan was originally Incurred Registration Number, if PAC MDY MDY

Employer/Occupation/Labor Organization* MDY MDY

* Required for contributions from individuals over $100 to statewide and general assembly candidates. If contributor is self-employed, the occupation and the name of the individual’s business, if any, rather than employer should be listed. If two or more employees contribute via payroll deduction and exceed the aggregate of $100, the labor organization of which the employees are members, if any, must also appear. [R.C. 3517.10(B)(4)]

If a loan is forgiven, write “Forgiven” in the “Outstanding Balance” space. Transfer total of all loans received this period to the Statement of Other Income (Form No. 31-A-2). Transfer total of all payments made in this period to the Statement of Expenditures (Form No. 31-B). Transfer Outstanding Balance to the Cover page (Form No. 30-A).

1 Total prior amount $______

2 Total received this period $______(To Form No. 31-A-2)

3 Total payments this period $ ______(To Form No. 31-B)

4 Total Outstanding Balance $ ______(To Form No. 30-A) Forms and Instructions

Statement of Loans Received — Form 31-C

The Statement of Loans Received is used when money If a loan is received from a state or FSL PAC, write is loaned to a committee that is to be repaid. A loan the PAC registration number in the PAC Registration is put into the committee’s separate bank account. Number block. If money is owed on an item or service, it is a debt, not a loan and should be reported on the Statement If the campaign committee of a statewide or general of Outstanding Debt (Form 31-N). Funds loaned to a assembly candidate receives a loan over $100 committee by the candidate that are still outstanding from an individual, the employer/occupation/ at the end of a reporting period must be reported on labor organization block must be completed. If the this form in order for the candidate to be repaid at a individual is self-employed, the occupation and the later date. Amounts listed as a contribution cannot be name of the individual’s business, if any, rather than listed later as loans. [R.C. 3517.01(B)(5), 3517.13(O)]. the employer must be listed.

The loan form tracks the status of an incoming loan The State block should be completed with the U.S. from the time it is first received until it is either repaid Post Office’s standard two-letter abbreviation. For or forgiven. For example, if a loan is received in one example, use ‘OH’ for Ohio. reporting period and not repaid for several years, every time a report is filed the loan will appear as The Date block should be completed with six digits. outstanding even if there was no current period For example, March 9, 2009, would appear as activity. 03 09 09.

Additional loans received from and payments The total amount of all new loans received within made to the same source should be reflected in the the reporting period must be transferred to the original loan box. If a $1,000 loan was previously Statement of Other Income (Form 31-A-2). The total received from an individual and then subsequently of all payments made during the reporting period is an additional $500 loan was received from the same transferred to the Statement of Expenditures (Form source, the additional loan should be reported in the 31-B). A transfer is done by placing the words “Loan Loans Received this Period block of the original loan. transfer from Form no. 31-C” in one of the lines It should not be listed as a new loan. marked Full Name or “Total loan payments made from Form no. 31-C” in one of the lines marked The Date Originally Incurred space will remain the To Whom Paid, as appropriate to the situation. The same every time the loan appears. total of all outstanding loans owed by the committee should appear on line 9 on the cover page. When a loan is first received, the Prior Amount block will be blank. Thereafter, the Amount Incurred This Period space will generally be left blank unless interest or additional loans from the same source are added onto the outstanding balance of a loan. If a loan is forgiven, write the word “Forgiven” in the Outstanding Balance space.

Ohio Secretary of State’s Office A-25 Reset Form

Reset Form

31-CC R.C. 3517.1012 Page ______Statement of Political Party Restricted Fund Deposits Prescribed by Secretary of State 3/05

Name of Committee in Full

Name of Donor Registration Number, if PAC

Street Address Form (Cash, Check, etc.)

City State Zip Code M D Y Amount

Name of Donor Registration Number, if PAC

Street Address Form (Cash, Check, etc.)

City State Zip Code M D Y Amount

Name of Donor Registration Number, if PAC

Street Address Form (Cash, Check, etc.)

City State Zip Code M D Y Amount

Name of Donor Registration Number, if PAC

Street Address Form (Cash, Check, etc.)

City State Zip Code M D Y Amount

Name of Donor Registration Number, if PAC

Street Address Form (Cash, Check, etc.)

City State Zip Code M D Y Amount

Name of Donor Registration Number, if PAC

Street Address Form (Cash, Check, etc.)

City State Zip Code M D Y Amount

Name of Donor Registration Number, if PAC

Street Address Form (Cash, Check, etc.)

City State Zip Code M D Y Amount

Name of Donor Registration Number, if PAC

Street Address Form (Cash, Check, etc.)

City State Zip Code M D Y Amount

Note: If committee received deposits from corporations or labor organizations, report must be filed electronically with secretary of state. Page Total $ ______Forms and Instructions

Statement of Political Party Restricted Funds Deposits — Form 31-CC

This form is only to be used by a state or county A deposit received from a statewide PAC must list its political party. A state or county political party must registration number. A deposit from a Federal PAC deposit into its restricted fund all public moneys may include the Federal PAC registration number. The received from the Ohio political party fund under registration number block may also be used to list that R.C. 3517.17. Deposits from corporations and labor a deposit was received from a political contributing organizations to a political party restricted fund are entity (PCE) or local PAC, both of which do not have a permitted as long as they do not exceed $10,000 in a registration number. calendar year. The political party restricted fund may also accept deposits from sources other than public You should not list the names of two donors in the funds, corporations or labor organizations. Name of the Donor field. Each deposit received from individuals must be attributed to a single person. For reporting purposes, political party restricted fund When a check has more than one individual listed on donations are “deposits” not “contributions.” it, ask who the actual donor is or list the person who signed the check. (O.A.C. 111-5-21) If a county political party accepts corporation or labor deposits into its restricted fund, the county political Donors may not remain anonymous by request. If a party must file all reports for that fund by electronic donor does not want to be identified, the donation means with the secretary of state. [R.C. 3517.1012(B)] should not be made. However, if an anonymous donation is received, efforts must be made by You must list on the Statement of Political Party the committee to identify the donor. If the efforts Restricted Fund Deposits all money received into a are unsuccessful, the donation should have an political party’s restricted fund except interest income, explanation of the circumstances that caused it to loans, refunds or prior expenditures that are returned be anonymous and a description of the efforts made to the committee [R.C. 3517.10(B), (D)] [These should to determine the donor’s identity. This information be listed on the Statement of Other Income (Form should appear in the address portion of the deposit 31-A-2)]. page entry.

Every donor’s name and the amount given must be Moneys in a state or county political party restricted listed. Political parties are exempt from listing donor’s fund may only be disbursed to pay costs incurred for addresses. The treasurer must still keep records of any the categories specified in R.C. 3517.18(A). All these donor’s addresses even if they are not required disbursements from a political party restricted fund in the report. should be reported on Statement of Political Party Restricted Fund Disbursements (Form 31-M). A list of The State block should be completed with the U.S. permitted disbursement categories is at the bottom of Post Office’s standard two-letter abbreviation. For the form. example, Ohio would appear as OH. Political parties must report their restricted fund The Date block should be completed with six digits. activity two times a year. The semiannual report is due For example, March 9, 2009, would appear as by the last business day of July covering all activity 03 09 09. The date of a deposit is the date that an through the last day of June, and the annual report is agent of the committee receives it, not the date of the due by the last business day of January covering all bank deposit or the date on the check. activity from the first day of July through the last day of the December of the previous year. The form in which the deposit is received must be indicated, such as check, cash or money order. Cash The total of restricted fund deposits received should means currency or coin. be transferred to line 2 on the Ohio Campaign Finance Report (Form 30-A)

Ohio Secretary of State’s Office A-27 31-DD R.C. 3517.106(L) Electronic Filing Notice of Hardship Prescribed by Secretary of State 5/06

Full Name of Committee

Full Name of Candidate Date of Election MD Y

Street Address Office Sought District

City State Zip Code

Type of Report Annual Year (place X to the left of report Pre-Primary Post-Primary Pre-General Post-General ______type) July August September Semiannual Special Monthly Monthly Monthly ______

By filing this form, the candidate attests to the following: 1) The campaign committee has had, during the reporting period for the report indicated above, contribution and expenditure activity that, pursuant to R.C. 3517.106, would require the report to be filed by electronic means; 2) If a campaign committee of a statewide candidate, the committee has had less than $25,000 in expenditures during the reporting period for the report indicated above; 3) The campaign committee intends to file the report on paper instead of by electronic means. This report must be received at the secretary of state’s office no later than the applicable deadline prescribed by R.C. 3517.10(A). The report must be accompanied by the fee prescribed by R.C. 3517.106(L) and rule of the secretary of state; 4) Filing the report indicated above by electronic means would constitute a hardship for the candidate or campaign committee.

To Determine the Fee: Count the total number of contribution entries and the total number of expenditure entries in the report. Write these two figures in the margin of the Ohio Campaign Finance Report (Form 30-A). Do not count Loan and Debt entries. Next, multiply the total number of entries by 0.30 to determine the fee due. Attach a check or money order to the report when it is filed, made payable to the Ohio Secretary of State, for the amount calculated.

The statements in this Notice are made under the penalty of election falsification. Whoever commits election falsification is guilty of a felony of the fifth degree.

______Signed (Candidate Signature Only) Date Forms and Instructions

Electronic Filing Affadavit of Hardship — Form 31-DD

This form is only to be used by candidates for general filed under the Affidavit of Hardship must be received assembly, statewide office and court of appeals. at the secretary of state’s office no later than the Political action committees, political contributing applicable deadline set forth in R.C. 3517.10. The entities, political parties, legislative campaign funds paper report should not be filed at the county board and electioneering communication entities may not of elections. In addition, when the report is filed, file this form. it must also be accompanied by a check or money order made payable to the Ohio Secretary of State for Candidates for statewide office whose campaign the fee to offset the data entry costs. The formula to committees have $25,000 or more in expenditures determine the amount of the fee prescribed in during the reporting period may not file this form. It is R.C. 3517.106(L) is listed on the form. to be filed with the secretary of state’s office prior to the filing of the report covered. The top portion of the form must be filled out listing the name of the campaign committee, name of The purpose of this form is to permit candidates candidate, etc. Please indicate which report this whose campaign committees are subject to the affidavit covers, i.e. the pre-primary, the semiannual electronic filing requirements in R.C. 3517.106 report, etc. to affirm that filing their campaign finance reports by electronic means would constitute a hardship This form must be notarized prior to submitting it to for the candidate or committee. The Affidavit of the secretary of state’s office. The secretary of state’s Hardship must be filed for each report subject to the office will not notarize this form for the candidate. requirement to file the report by electronic means. Only the candidate can sign this form. Once this form is filed, the campaign committee is permitted to file the report on paper. A paper report

Ohio Secretary of State’s Office A-29 31-E Event Date______R.C. 3517.10(B) Statement of Contributions Received Page ______at a Social or Fund-Raising Event Prescribed by Secretary of State 03/05

Name of Committee in Full

Full Name of Contributor Registration Number, if PAC

Street Address Employer/Occupation/Labor Organization* M D Y Amount

City Sta te Zip Code Form (Cash, Check, etc.)

Full Name of Contributor Registration Number, if PAC

Street Address Employer/Occupation/Labor Organization* M D Y Amount

City Sta te Zip Code Form (Cash, Check, etc.)

Full Name of Contributor Registration Number, if PAC

Street Address Employer/Occupation/Labor Organization* M D Y Amount

City Sta te Zip Code Form (Cash, Check, etc.)

Full Name of Contributor Registration Number, if PAC

Street Address Employer/Occupation/Labor Organization* M D Y Amount

City Sta te Zip Code Form (Cash, Check, etc.)

Full Name of Contributor Registration Number, if PAC

Street Address Employer/Occupation/Labor Organization* M D Y Amount

City Sta te Zip Code Form (Cash, Check, etc.)

Full Name of Contributor Registration Number, if PAC

Street Address Employer/Occupation/Labor Organization* M D Y Amount

City Sta te Zip Code Form (Cash, Check, etc.)

Full Name of Contributor Registration Number, if PAC

Street Address Employer/Occupation/Labor Organization* M D Y Amount

City Sta te Zip Code Form (Cash, Check, etc.)

* Required for contributions from individuals over $100 to statewide and General Assembly candidates. If contributor is self-employed, the occupation and the name of the individual’s business, if any, rather than employer should be listed. If two or more employees contribute via payroll deduction and exceed the aggregate of $100, the labor organization of which the employees are members, if any, must also appear. [R.C. 3517.10(B)(4)]

Fill in the boxes below only on the last page for this event. Transfer the Total contributions for this event to form No. 31-A. Under Full Name of Contributor state “Contributions from form No. 31-E” and list the date of the event in the date column

Total contributions this event Total expenditures this event.

Page Total $ ______Forms and Instructions

Statement of Contributions Received at a Social or Fund-Raising Event — Form 31-E

The Statement of Contributions for a Social or Fund- The State block should be completed with the U.S. Raising Event form is used when a specific event Post Office’s standard two-letter abbreviation. For is held on a specific date. It is not uncommon for example, Ohio would appear as OH. activity from one event to appear in more than one report because the dates sometimes overlap a The Date block should be completed with six digits. reporting deadline [R.C. 3517.10(B)]. For example, March 9, 2009, would appear as 03 09 09. The date that the event was held should appear on the line at the top of the page labeled Event Date. A contribution received from a statewide PAC must list its registration number. A contribution from a The treasurer is responsible for tracking everything Federal PAC may include the Federal PAC registration received and expended regardless of whether it must number. The registration number block may also be appear within the report. “Passing the hat” or similar used to list that a contribution was received from a practices should not be used unless detailed records political contributing entity (PCE) or local PAC, both are kept. Treasurers are responsible for ensuring that of which do not have a registration number. anyone collecting contributions is properly trained to obtain names, addresses, amounts and dates relevant The Employer/Occupation/Labor Organization block to all contributions. Pursuant to an investigation, the must be used by Statewide or General Assembly board of elections or secretary of state may request to candidates when they have received individual see an itemized list of all contributors contributions greater than $100. If the contributor is [R.C. 3517.10(D)]. self-employed, the occupation and the name of the individual’s business, if any, rather than the employer, Political parties are exempt from listing contributor should be provided. However, all filers may use the addresses. block for contributions received in any amount from a partnership or unincorporated business when the Ongoing efforts to raise funds, such as continuous name of the person as well as the business is required sales of T-shirts or cookbooks, are not fund-raising to be provided. events. All contributions from such methods should appear on the general Statement of Contributions and If public officeholders receive employee contributions are not exempt from itemization. relative to an event, the total should be transferred to this form from the Contributors in Officeholders’ Fund-raising events may not be combined. Each fund- Employ form. In either case, the contribution should raising event must be reported on its own Statement be counted only once. of Contributions Received at a Social or Fund-Raising Event form and Statement of Expenditures for Social At the bottom of the fund-raising form is a place or Fund-Raising Event form. to summarize the monetary activity of the event. Only one set of these “summary boxes” should The names and street address of contributors who be completed per event during a reporting period. give a total of $25 or less at a particular fund-raising Place the total of all the money received relative to event do not have to be itemized in the report. Such that particular event during the reporting period in an entry should read “Contributors of $25 or less.” the first box. The total contributions received during the event should be transferred to the Statement of Do not report selling “30 tickets at $10 each.” There Contributions Received (Form 31-A) along with the is no way to determine how many tickets one person date of the event. The second box should list the total purchased from a statement based on ticket price of the money spent on that event during the reporting [R.C. 3517.10(B)(4)(e)]. period.

Ohio Secretary of State’s Office A-31 31-EC R.C. 3517.1011 Page ______

Notice of Intent to Make Electioneering Communication Disbursements

To be filed prior to making first disbursement for the direct costs of producing or airing an electioneering communication. Prescribed by Secretary of State 3/05

Full Name of Individual or Entity Making Electioneering Communication Disbursements

Street Address

City State Zip Code Contact Email

Contact Name Contact Telephone Contact Fax

THE INFORMATION CONTAINED IN THIS REPORT IS MADE UNDER THE PENALTY OF ELECTION FALSIFICATION. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE. Authorized Signature Date

Send this form to : Ohio Secretary of State Campaign Finance Division 180 E Broad St FL 15 Columbus OH 43215 Forms and Instructions

Notice of Intent to Make Electioneering Communication Disbursements — Form 31-EC

This form is to be used by any individual or entity Future Filing Requirements that intends to make disbursements for the direct cost of producing or airing an electioneering After an individual or entity has filed this form, communication. Any person that intends to make each time a disbursement or disbursements for the a disbursement for the purpose of electioneering direct cost of producing and airing electioneering communications must file this notice with the communications aggregating in excess of $10,000 secretary of state’s office prior to making the first during any calendar year are made, the individual or disbursement. entity shall file, within 24 hours of each disbursement date, a statement containing contribution and An electioneering communication is any broadcast, disbursement information as well as the name(s) of cable or satellite communication that refers to a the candidate(s) (if known) that the electioneering clearly identified candidate and that is made up to communication identified. Only contributions 30 days prior to an election at which that candidate aggregating $200 or more must be reported. In will appear on the ballot. The term, “refers to a clearly addition, the statement must include the names identified candidate” means the use of the name, and addresses of the persons exercising or sharing nickname or image of the candidate. It also includes direction or control over the activities of the person an unambiguous reference to the person’s identity, making the disbursement and the custodian of the such as the “the governor” or to the person’s status as books and accounts. This statement must be filed by a candidate. electronic means with the secretary of state’s office.

Printed communications, communications broadcast Upon receipt of this Notice of Intent, the secretary as news, or candidate debates and forums are not of state’s office will forward additional information considered electioneering communications. Political regarding requirements for reporting electioneering communications that are otherwise reportable as an communication activity and information on how to expenditure or independent expenditure are also not file the statements electronically to the address listed. considered electioneering communications. More information about Electioneering This form may be signed by any authorized person. Communication and connected filing requirements is found in R.C. 3517.1011.

Ohio Secretary of State’s Office A-33 31-F Event Date ______R.C. 3517.10 Page ______Statement of Expenditures for Social or Fund-Raising Event

Prescribed by Secretary of State 2/01

Name of Committee in Full

To Whom Paid M D Y Amount

Address Purpose

City Sta te Zip Code Check Number

To Whom Paid M D Y Amount

Address Purpose

City Sta te Zip Code Check Number

To Whom Paid M D Y Amount

Address Purpose

City Sta te Zip Code Check Number

To Whom Paid M D Y Amount

Address Purpose

City Sta te Zip Code Check Number

To Whom Paid M D Y Amount

Address Purpose

City Sta te Zip Code Check Number

To Whom Paid M D Y Amount

Address Purpose

City Sta te Zip Code Check Number

To Whom Paid M D Y Amount

Address Purpose

City Sta te Zip Code Check Number

Transfer total expenditures for this event to Form No. 31-B. Under the “To Whom Paid” state “Expenditures from Form 31-F” and list the date of the event in the date column.

Page Total $ ______Forms and Instructions

Statement of Expenditures for Social or Fund Raising Event — Form 31-F

The Statement of Expenditures for Social or Fund- Copies of canceled checks or receipts for all expenses Raising Events is used when a specific event is held more than $25 must be attached to the report. In on a specific date. All money spent at the event is the event that the report is due before checks are listed on this form. Include all expenses that were available, they should be filed as an addendum to incurred in relation to the event even if the money the report. The addendum should either bear a cover is spent before or after the actual date of the fund- letter or a report cover page clearly indicating what raiser. It is not uncommon for activity from one committee is filing and what type of addendum is event to appear in more than one report because the being filed. Do not wait until the next reporting dates overlap a reporting deadline [R.C. 3517.08(E), period to file the addendum to the former report. Do 3517.10(B)(4)(e)]. not attach checks from one report to a report from a different reporting period. A street address including a zip code should appear for each expense. Post office entries need only the If expenses are billed to a credit card, the Statement city and state. of Expenditures should not reflect only a single entry to the credit card company. Each underlying date, The Date block should be completed with six digits. recipient, amount and purpose must appear. If the For example, March 9, 2009, would appear as committee uses a credit card, a copy of the itemized 03 09 09. billing statement or credit card receipt should be attached in addition to a copy of the canceled check The State block should be completed with the U.S. to the credit card company. Post Office’s standard two-letter abbreviation. For example, Ohio would appear as OH. The total of the expenses for each fund-raising event should be transferred to the general Statement of The Check Number block should be completed with Expenditures. the number of the committee check used to make the expenditure. Expenditures made by personal check should not be listed on this form.

The total spent at the fund-raiser should be transferred to the second summary box on a Statement of Contributions for a Social or Fund-Raising Event. The total of the fund-raising event expenses should also be transferred to the general Statement of Expenditures.

Ohio Secretary of State’s Office A-35 31-G R.C. 3517.10 Page ______Contributors in Officeholder’s Employ

Prescribed by Secretary of State 2/01

Name of Committee in Full

Full Name of Contributor

Street Address M D Y Amount

City Sta te Zip Code Form (Cash, Check, etc.)

Full Name of Contributor

Street Address M D Y Amount

City Sta te Zip Code Form (Cash, Check, etc.)

Full Name of Contributor

Street Address M D Y Amount

City Sta te Zip Code Form (Cash, Check, etc.)

Full Name of Contributor

Street Address M D Y Amount

City Sta te Zip Code Form (Cash, Check, etc.)

Full Name of Contributor

Street Address M D Y Amount

City Sta te Zip Code Form (Cash, Check, etc.)

Full Name of Contributor

Street Address M D Y Amount

City Sta te Zip Code Form (Cash, Check, etc.)

The above are employees of a unit or department under the direct supervision and control of ______, who currently holds the public office of______. I hereby affirm that each contribution was voluntarily made.

______(Signature of Treasurer or Deputy Treasurer)

Transfer total employee contributions to Form No. 31-A or 31-E, if received at a social or fundraising event. Under “Full Name of Contributor” state “Total employee contributions from form No. 31-G.”

Page Total $ ______Forms and Instructions

Contributors in Officeholder’s Employ — Form 31-G

All employees in any unit or department under the Some county boards of election will accept computer candidate’s direct supervision and control that donate printouts of employees from the county auditor’s to that candidate must be listed on this form. The office to fulfill the needs of this form if a statement form contains a place for the treasurer or deputy signed by the treasurer is attached attesting to the treasurer to sign indicating that each contribution was voluntary nature of each contributor. The treasurer voluntary. As a general rule, this need to separately should first check with the county board of elections list employees refers only to employees over whom to determine if this is acceptable. the officeholder has exclusive rights to appoint and terminate [R.C. 3517.10(C), 75 OAG 017]. The Date block should be completed with six digits. For example, March 9, 2009, would appear as No statewide or legislative elected officers, statewide 03 09 09. or legislative candidates, their campaign committees, or any other person or entity shall knowingly solicit or The State block should be completed with the U.S. accept a contribution on behalf of that candidate or Post Office’s standard two-letter abbreviation. For that candidate’s campaign committee from employees example, Ohio would appear as OH. whose appointing authority is or would be that statewide or legislative official or who are or would The total on these pages is transferred to a Statement be employed by the same public agency, department, of Contributions for a Social or Fund-Raising Event if division or office as the statewide or legislative official received in connection with an event. Otherwise, it [R.C. 3517.092(B), (C)]. is transferred to a regular Statement of Contributions Received. No county elected officers and candidates, their campaign committees or any other person or entity, shall knowingly solicit such contributions. Voluntary contributions may be accepted [R.C. 3517.092].

Public employees may not be solicited for contributions while performing their official duties or while they are in those areas of a public building where official business is transacted or conducted. The term “public employee” does not include any person holding an elective office [R.C. 3517.092(F)].

Ohio Secretary of State’s Office A-37 31-I Page ______R.C. 3517.082 Establishment, Administrative and Solicitation Expenses

(To be filed only by PACs sponsored by corporations or labor organizations) Prescribed by Secretary of State 8/95

Name of Committee in Full

Purpose M D Y Amount

Purpose M D Y Amount

Purpose M D Y Amount

Purpose M D Y Amount

Purpose M D Y Amount

Purpose M D Y Amount

Purpose M D Y Amount

Purpose M D Y Amount

Purpose M D Y Amount

Purpose M D Y Amount

Purpose M D Y Amount

Purpose M D Y Amount

Purpose M D Y Amount

Purpose M D Y Amount

Purpose M D Y Amount

Purpose M D Y Amount

Purpose M D Y Amount

Purpose M D Y Amount

Page Total $ ______Forms and Instructions

Establishment, Administrative and Solicitation Expenses — Form 31-I

The Establishment, Administrative and Solicitation If the PAC directly pays for the establishment, Expenses form is used only when a corporation or administration or solicitation expenses, it may not labor organization pays directly or sets up a separate be reimbursed by the sponsor. If the sponsoring administrative account for expenses for its sponsored corporation or labor organization wishes to pay these PAC that operates pursuant to R.C. 3517.082. An costs, it must either do so directly or set up a separate example of an establishment expense would be fees account upon which the PAC may draw to pay such paid to attorneys to form the PAC. Administrative expenses. expenses could include items such as bookkeeping, computer or copying equipment. Solicitation This form is filed as part of a PAC’s campaign finance expenses are those incurred while requesting PAC report only when applicable. The total listed on this contributions. Staff compensation and equipment form is not transferred to any other form. The total usage expenses are only reportable when the percent of this form should not be included with the total of PAC-related compensation or usage exceeds fifty monetary expenditures appearing on line five of the percent of total. cover page.

The Date block should be completed with six digits. For example, March 9, 2009, would appear as 03 09 09.

Ohio Secretary of State’s Office A-39 31-J-1 R.C. 3517.10 Page ______In-Kind Contributions Received Prescribed by Secretary of State 03/05

Name of Committee in Full

Full Name of Contributor Employer, Occupation, Labor Organization* Registration Number, if PAC

Street Address Description of Item or Service M D Y Fair Market Value

City Sta te Zip Code Received at Fundraising Event?

l YES l NO Full Name of Contributor Employer, Occupation, Labor Organization* Registration Number, if PAC

Street Address Description of Item or Service M D Y Fair Market Value

City Sta te Zip Code Received at Fundraising Event?

l YES l NO Full Name of Contributor Employer, Occupation, Labor Organization* Registration Number, if PAC

Street Address Description of Item or Service M D Y Fair Market Value

City Sta te Zip Code Received at Fundraising Event?

l YES l NO Full Name of Contributor Employer, Occupation, Labor Organization* Registration Number, if PAC

Street Address Description of Item or Service M D Y Fair Market Value

City Sta te Zip Code Received at Fundraising Event?

l YES l NO Full Name of Contributor Employer, Occupation, Labor Organization* Registration Number, if PAC

Street Address Description of Item or Service M D Y Fair Market Value

City Sta te Zip Code Received at Fundraising Event?

l YES l NO Full Name of Contributor Employer, Occupation, Labor Organization* Registration Number, if PAC

Street Address Description of Item or Service M D Y Fair Market Value

City Sta te Zip Code Received at Fundraising Event?

l YES l NO Full Name of Contributor Employer, Occupation, Labor Organization* Registration Number, if PAC

Street Address Description of Item or Service M D Y Fair Market Value

City Sta te Zip Code Received at Fundraising Event?

l YES l NO Full Name of Contributor Employer, Occupation, Labor Organization* Registration Number, if PAC

Street Address Description of Item or Service M D Y Fair Market Value

City Sta te Zip Code Received at Fundraising Event?

l YES l NO

* Required for contributions from individuals over $100 to statewide and general assembly candidates. If contributor is self-employed, the occupation and name of the individual’s business, if any, rather than employer should be listed. If two or more employees contribute via payroll deduction and exceed the aggregate of $100, the labor organization of which the employees are members, if any, must also appear. [R.C. 3517.10(B)(4)]

Page Total $ ______Forms and Instructions

In-Kind Contributions Received — Form 31-J-1

The In-Kind Contributions Received form is used to The Employer/Occupation/Labor Organization block report when the committee receives items or services. must be used by statewide or general assembly For example, if someone donates postage stamps candidates when they have received individual for use by the committee, the form would show on contributions greater than $100. If the contributor is what date they were received, the name and street self-employed, the occupation and the name of the address of who gave them, that it was stamps that individual’s business, if any, rather than the employer, were received and the fair market value. The date should be provided. However, all filers may use the that should be used is the date on which the item block for contributions received in any amount from was received or benefit occurred [R.C. 3517.01(B)(5), a partnership or unincorporated business when the 3517.10(B)(4)]. name of the person as well as the business is required to be provided. This form is also used when items or services are purchased by the candidate or someone else on In-kinds should not be included in monetary totals behalf of the committee and for which reimbursement reflected on lines 1 through 6 of the cover page. is not requested or desired (“out of pocket” expenses). Contributions of items or services to candidates’ committees or ballot issues that were not coordinated The Date block should be completed with six digits. in some manner with the committee are not For example, March 9, 2009, would appear as considered to be in-kind contributions and should not 03 09 09. be reported by the recipient. The donor reports them as independent expenditures. The State block should be completed with the U.S. Post Office’s standard two-letter abbreviation. For The total of all in-kind contributions received should example, Ohio would appear as OH. appear on line 7 on the cover page. In-kind contributions from a person that do not reach an aggregate of $250 relative to a particular fund-raising event do not need to be itemized. Write in the Full Name of the Contributor box, “In-Kind Contributions Received at a Fund-Raising Event $250 or less,” the amount and date.

Ohio Secretary of State’s Office A-41 31-J-2 R.C. 3517.10 Page ______In-Kind Contributions Made

Prescribed by Secretary of State 2/01

Name of Committee in Full

Recipient Committee

Address Description of Item or Service M D Y Fair Market Value

City State Zip Code

Recipient Committee

Address Description of Item or Service M D Y Fair Market Value

City State Zip Code

Recipient Committee

Address Description of Item or Service M D Y Fair Market Value

City State Zip Code

Recipient Committee

Address Description of Item or Service M D Y Fair Market Value

City State Zip Code

Recipient Committee

Address Description of Item or Service M D Y Fair Market Value

City State Zip Code

Recipient Committee

Address Description of Item or Service M D Y Fair Market Value

City State Zip Code

Recipient Committee

Address Description of Item or Service M D Y Fair Market Value

City State Zip Code

Page Total $ ______Forms and Instructions

In-Kind Contributions Made — Form 31-J-2

The In-Kind Contributions Made form is used to Contributions of items or services to a candidate’s report that an item or service was given to another committee or a ballot issue that were not coordinated committee or used for its benefit. An in-kind in some manner with the recipient are not considered contribution occurs when the contributor gives up to be in-kind contributions. The donor should report something or accepts the bill for something. them as independent expenditures.

The Date block should be completed with six digits. The total of all in-kinds made should be transferred For example, March 9, 2009, would appear as to line 8 on the cover page. In-kinds made usually 03 09 09. are not included in monetary totals reflected on lines 1 through 6 of the cover page. (Example, committee The State block should be completed with the U.S. A gives committee B a computer they no long use.) Post Office’s standard two-letter abbreviation. For However if the in-kind item involved the outlay of example, Ohio would appear as OH. money, then a corresponding expenditure entry should appear on the Statement of Expenditures form. The Fair Market Value is either the amount of (Example, committee A buys a computer and gives it money spent on the item or service given to another to committee B.) committee or the value the item or service would cost if purchased.

Ohio Secretary of State’s Office A-43 31-K Page ______R.C. 3517.10 Statement of Loans Made

Prescribed by Secretary of State 2/01

Full Name of Committee

To Whom Made Prior Amount Amt. Loaned this Period

Address Outstanding Balance

City State Zip Code Payments Received This Period Date Amount MDYM D Y$ Date Loan was Originally Made

M DY

M DY

To Whom Made Prior Amount Amt. Loaned this Period

Address Outstanding Balance

City State Zip Code Payments Received This Period Date Amount MDYM D Y$ Date Loan was Originally Made

M DY

M DY

To Whom Made Prior Amount Amt. Loaned this Period

Address Outstanding Balance

City State Zip Code Payments Received This Period Date Amount MDYM D Y$ Date Loan was Originally Made

M DY

M DY

If a loan is forgiven, write “Forgiven” in the “Outstanding Balance” space. Transfer total of all loans made this period to the Statement of Expenditures (Form No. 31-B). Transfer total of all pay- ments received in this period to the Statement of Other Income (Form No. 31-A-2). Transfer Total Outstanding Balance to the cover page.

Total Loans this Period $ ______(also record on Form 31-B)

Total Outstanding Balance $ ______(also record on cover page)

Total Payments Received this Period $ ______(also record on Forms 31-A-2) Forms and Instructions

Statement of Loans Made — Form 31-K

The Statement of Loans Made form is used only if The Date block should be completed with six digits. money is loaned to another committee. It tracks the For example, March 9, 2009, would appear as status of the loan from the time it is first made until 03 09 09. it is either repaid or forgiven. For example, if a loan is given in one reporting period and not repaid, then The total of all new loans made should be transferred every time a report is filed the loan will appear as to the Statement of Expenditures. The total of all outstanding, even though there was no activity during payments received should be transferred to the the current period. Statement of Other Income. A transfer is done by placing the words “Total of loans made from Form no. The State block should be completed with the U.S. 31-K” or “Total loan payments received from Form Post Office’s standard two-letter abbreviation. For no. 31-K,” as appropriate to the situa¬tion. If the example, Ohio would appear as OH. loan is forgiven, write “Forgiven” in the Outstanding Balance space. The total of all outstanding loans made should appear on line 11 on the cover page.

Ohio Secretary of State’s Office A-45 31-M Page ______R.C. 3517.18, 3517.1012 Statement of Political Party Restricted Fund Disbursements

Prescribed by Secretary of State 03/05

Name of Committee in Full

To Whom Paid

Address Purpose (insert number from list M D Y Amount below)1

City State Zip Code

To Whom Paid

Address Purpose (insert number from list M D Y Amount below)1

City State Zip Code

To Whom Paid

Address Purpose (insert number from list M D Y Amount below)1

City State Zip Code

To Whom Paid

Address Purpose (insert number from list M D Y Amount below)1

City State Zip Code

To Whom Paid

Address Purpose (insert number from list M D Y Amount below)1

City State Zip Code

To Whom Paid

Address Purpose (insert number from list M D Y Amount below)1

City State Zip Code

1R.C. 3517.18 limits the purposes for which monies from the Ohio Political Party Fund may be used. R.C. 3517.1012 limits the purposes for which monies from the Political Party Restricted Fund may be used. Designate in this block the relevant category number for each disbursement, as follows: 1) Political party headquarters operation costs including transfers to state party’s Public Funds account; 2) Voter registration activities; 3) Get-out-the-vote activities; 4) Administration of political party fundraising (Separate office account required. Not for campaign related fundraising.); 5) Advertisements encouraging public support for income tax checkoff program; 6) Communications with registered voters not related to any particular candidate or election; 7) Preparation of reports required by law; Ohio Political Party Fund/Restricted Fund monies are prohibited from being used for certain purposes, including to further the election or defeat of any particular candidate or ballot issue. Copies of paid receipts or canceled checks for all expenditures of more than $25 must be attached. Note: If committee received deposits from corporations or labor organizations, report must be filed electronically with Secretary of State. Page Total $ ______Forms and Instructions

Expenditures from Political Party Fund Monies — Form 31-M

This form is to be used only by state and county The Date block should be completed with six digits. political parties. For example, March 9, 2009, would appear as 03 09 09. Any money disbursed from the political party restricted fund account must be reported on this form. The State block should be completed with the U.S. A political party may disburse the funds only for the Post Office’s standard two-letter abbreviation. For purposes provided for in the Revised Code or allowed example, Ohio would appear as OH. by specific Ohio Election Commission opinions. Each disbursement must indicate the category under which The Purpose block should reflect one of the eight it falls. The list of permitted categories is at the bottom numbers listed at the base of the page as choices. of the form. [R.C. 3517.16-3517.18, OEC Advisory Copies of receipts or canceled checks for all Opinions 88- 03, 88-05, 89-01, 89-02 (part), 89-06, disbursements of more than $25 must be attached. 91-02, 92-02, 94-01, 95- 01, 95-02, 98-01]. Political parties must report their restricted fund Political Party Restricted Fund monies may not be activity two times a year. The semiannual report is due used for the following reasons: to further the election by the last business day of July covering all activity or defeat of any particular candidate or ballot issue, to through the last day of June, and the annual report is pay party debts incurred as the result of any election, due by the last business day of January covering all or to make a payment clearly in excess of the market activity from the first day of July through the last day value of the item or service that is received for the of the December of the previous year. payment. The total amount of restricted fund disbursements If a county political party accepts corporation or labor should be transferred to line 5 of the Ohio Campaign deposits into its restricted fund, the county political Finance Report (Form 30-A) party must file all reports for that fund by electronic means with the Secretary of State [R.C. 3517.1012(B)]

Ohio Secretary of State’s Office A-47 31-N Page ______R.C. 3517.10 Statement of Outstanding Debts

Prescribed by Secretary of State 2/01

Full Name of Committee

To Whom Owed Prior Amount Amt. Incurred this Period

Address Item or Purpose of Debt Outstanding Balance

City State Zip Code Payments This Period Date Amount MDY M D Y$ Date Debt was originally Incurred

Registration Number, if PAC M DY

Employer/Occupation/Labor Organization* M DY

To Whom Owed Prior Amount Amt. Incurred this Period

Address Item or Purpose of Debt Outstanding Balance

City State Zip Code Payments This Period Date Amount MDY M D Y$ Date Debt was originally Incurred

Registration Number, if PAC M DY

Employer/Occupation/Labor Organization* M DY

To Whom Owed Prior Amount Amt. Incurred this Period

Address Item or Purpose of Debt Outstanding Balance

City State Zip Code Payments This Period Date Amount MDY M D Y$ Date Debt was originally Incurred

Registration Number, if PAC M DY

Employer/Occupation/Labor Organization* M DY

If a debt is forgiven, write “Forgiven” in the “Outstanding Balance” column. Transfer total of all payments made in this period to the Statement of Expenditures (Form No. 31-B). Total amount forgiven should be included in the In-Kind Contributions Received (Form No. 31-J-1). Transfer total outstanding debt amount to the cover page.

Total Payments this Period $ ______(also record on Form 31-B)

Total Outstanding Balance $ ______(also record on cover page) Forms and Instructions

Statement of Outstanding Debts — Form 31-N

Outstanding debts occur when money is owed at When a debt is first incurred, the Prior Amount block the end of the reporting period for items or services, will be blank. Thereafter, the Amount Incurred this and the invoice has been outstanding for 60 days or Period space will generally be left blank unless an more. This 60-day rule is applicable only to vendors additional charge is added to the outstanding balance and is based on standard billing cycles, not on setting of a debt. aside or holding of invoices by creditors. If at the end of a reporting period a candidate’s committee The State block should be completed with the U.S. owes the candidate money for items given more Post Office’s standard two-letter abbreviation. For than 60 days previously, the debt must be listed as example, Ohio would appear as OH. outstanding or the candidate cannot later be repaid [R.C. 3517.13(O)]. Date blocks should be completed with six digits. For example, March 9, 2009, would appear as 03 09 09. The debt form tracks the status of each debt from the time it is first incurred until it is either repaid or If a debt is forgiven, write the word “Forgiven” in the forgiven. If a debt is incurred in one reporting period Outstanding Balance space. and not repaid, every report filed must continue to The total of all payments made during the reporting show the outstanding debt even though there was period is transferred to the Statement of Expenditures no activity during the current period. A corporation (Form 31-B). The total of all debts forgiven is engaged in business can only forgive a debt owed transferred to the In-Kind Contributions Received by a ballot issue committee. Forgiveness of a debt form. The total of all out¬standing debts should owed by a non-ballot issue committee would be a appear on line 10 on the cover page. contribution by the corporation and therefore illegal (R.C. 3599.03)

The Date Originally Incurred space will remain the same however many times the same debt appears in different reports.

Ohio Secretary of State’s Office A-49 31-P Page ______R.C. 3517.108 Contributions for Debt Retirement

Prescribed by Secretary of State 03/05

Name of Committee in Full

Full Name of Contributor Employer/Occupation/Labor Organization* Registration Number, if PAC

Street Address Name of Creditor Enter date of Amount Contribution below

City State Zip Code M D Y Amount Debt Remaining

Full Name of Contributor Employer/Occupation/Labor Organization* Registration Number, if PAC

Street Address Name of Creditor Enter date of Amount Contribution below

City State Zip Code M D Y Amount Debt Remaining

Full Name of Contributor Employer/Occupation/Labor Organization* Registration Number, if PAC

Street Address Name of Creditor Enter date of Amount Contribution below

City State Zip Code M D Y Amount Debt Remaining

Full Name of Contributor Employer/Occupation/Labor Organization* Registration Number, if PAC

Street Address Name of Creditor Enter date of Amount Contribution below

City State Zip Code M D Y Amount Debt Remaining

Full Name of Contributor Employer/Occupation/Labor Organization* Registration Number, if PAC

Street Address Name of Creditor Enter date of Amount Contribution below

City State Zip Code M D Y Amount Debt Remaining

Full Name of Contributor Employer/Occupation/Labor Organization* Registration Number, if PAC

Street Address Name of Creditor Enter date of Amount Contribution below

City State Zip Code M D Y Amount Debt Remaining

Full Name of Contributor Employer/Occupation/Labor Organization* Registration Number, if PAC

Street Address Name of Creditor Enter date of Amount Contribution below

City State Zip Code M D Y Amount Debt Remaining

* Required for contributions from individuals over $100 to statewide and general assembly candidates. If contributor is self-employed, the occupation and the name of the individual’s business, if any, rather than employer should be listed. If two or more employees contribute via payroll deduction and exceed the aggregate of $100, the labor organization of which the employees are members, if any, must also appear. [R.C. 3517.10(B)(4)] Page Total $ ______Forms and Instructions

Contributions For Debt Retirement — Form 31-P

This form is for use by statewide and general The Date block should be completed with six digits. assembly candidates only. For example, March 9, 2009, would appear as 03 09 09. Contributions received for the purpose of retiring specific debts must be kept in a separate bank The sum of all contributions for Debt Retirement account from other funds. should be transferred to the Statement of Contributions Received Form No. 31-A. Under Contributions received to retire debt may only be Full Name of Contributor on Form 31-A, state accepted during the election period immediately “Contributions for Debt Retirement.” following the election period during which the obligation was incurred. (R.C. 3517.108) Excess funds remaining after the debt(s) is paid can be donated to a 501(c) nonprofit charity or refunded Each contribution received must indicate toward to the contributors. It cannot be donated to the Ohio which debt it will be applied. This is reflected by Elections Commission Fund. Contributions for Debt completion of the name of creditor block. Retirement may only be made by individuals, PACs, political contributing entities and the campaign The State block should be completed with the U.S. committees of other candidates. Post Office’s standard two-letter abbreviation. For example, Ohio would appear as OH.

Ohio Secretary of State’s Office A-51 31-R Page ______R.C. 3517.107 Federal, State and Local Ohio Resident Receipts

Prescribed by Secretary of State 2/01

Name of Committee in Full

Full Name of Contributor

Street Address MDYAmount

City State Zip Code Form (Cash, Check, etc.) Aggregate for Year

Full Name of Contributor

Street Address MDYAmount

City State Zip Code Form (Cash, Check, etc.) Aggregate for Year

Full Name of Contributor

Street Address MDYAmount

City State Zip Code Form (Cash, Check, etc.) Aggregate for Year

Full Name of Contributor

Street Address MDYAmount

City State Zip Code Form (Cash, Check, etc.) Aggregate for Year

Full Name of Contributor

Street Address MDYAmount

City State Zip Code Form (Cash, Check, etc.) Aggregate for Year

Full Name of Contributor

Street Address MDYAmount

City State Zip Code Form (Cash, Check, etc.) Aggregate for Year

Full Name of Contributor

Street Address MDYAmount

City State Zip Code Form (Cash, Check, etc.) Aggregate for Year

To be filed by any federal, state and local PAC that contributes to an Ohio affiliated state or local PAC in connection with a state or local election.

Grand Total $ ______Page Total $ ______Forms and Instructions

Federal, State and Local Ohio Resident Receipts — Form 31-R

An FSL PAC that makes a contribution or transfers The Date block should be completed with six digits. funds from its federal account to an affiliated Ohio For example, March 9, 2009, would appear as state or local PAC during a calendar year must file this 03 09 09. For contributions received during a range report. (R.C. 3517.107) of dates, the last date on which a contribution was received should be listed. The name and address of any Ohio resident that contributed to the FSL’s federal PAC should appear in The State block should be completed with the U.S. the “Full Name of the Contributor” box. Post Office’s standard two-letter abbreviation. For example, Ohio would appear as OH. The aggregate total amount contributed by each contributor must appear in the “Amount” box. The This list must be filed with the Secretary of State’s final page should include the grand total of the office by the last business day of January of the next amount all contributions listed in the “Grand Total” calendar year. box.

Ohio Secretary of State’s Office A-53 31-T Page ______R.C. 3517.10(B) Contributors Doing Business with State Elected Officers

Prescribed by Secretary of State 03/05

Name of Committee in Full

Full Name of Contributor Contributor Type 2 (This will be a 3-letter code)

Street Address Employer/Occupation/Labor Organization* M D Y Amount

City State Zip Code Form (Cash, Check, etc.)

Full Name of Contributor Contributor Type 2 (This will be a 3-letter code)

Street Address Employer/Occupation/Labor Organization* M D Y Amount

City State Zip Code Form (Cash, Check, etc.)

Full Name of Contributor Contributor Type 2 (This will be a 3-letter code)

Street Address Employer/Occupation/Labor Organization* M D Y Amount

City State Zip Code Form (Cash, Check, etc.)

Full Name of Contributor Contributor Type 2 (This will be a 3-letter code)

Street Address Employer/Occupation/Labor Organization* M D Y Amount

City State Zip Code Form (Cash, Check, etc.)

Full Name of Contributor Contributor Type 2 (This will be a 3-letter code)

Street Address Employer/Occupation/Labor Organization* M D Y Amount

City State Zip Code Form (Cash, Check, etc.)

Full Name of Contributor Contributor Type 2 (This will be a 3-letter code)

Street Address Employer/Occupation/Labor Organization* M D Y Amount

City State Zip Code Form (Cash, Check, etc.)

The above are contributors doing business with ______, or anyone authorized to enter into contracts on behalf of that state elected official who holds the office of______.

Transfer the total contributions to Form No. 31-A and in the space marked Full Name of Contributor state “Total Contributors Doing Business with State Officials.”

* Required for contributions from individuals over $100 to statewide and general assembly candidates. If contributor is self-employed, the occupation and the name of the individual’s business, if any, rather than employer should be listed. If two or more employees contribute via payroll deduction and exceed the aggregate of $100, the labor organization of which the employees are members, if any, must also appear. [R.C. 3517.10(B)(4)]

Page Total $ ______Forms and Instructions

Contributors Doing Business With State Elected Officers — Form 31-T

This form is used only by elected statewide officials The State block should be completed with the U.S. and general assembly members who receive Post Office’s standard two-letter abbreviation. For contributions from persons doing business with them. example, Ohio would appear as OH.

A person doing business means anyone who The Employer/Occupation/Labor Organization block enters into a contract with the state elected officer must be used by statewide or general assembly completing the report or with anyone authorized candidates when they have received individual to enter into a contract on behalf of that officer contributions greater than $100. If the contributor is who receives payments for goods or services in the self-employed, the occupation and the name of the aggregate of more than $5,000 in a calendar year individual’s business, if any, rather than the employer, [R.C. 3517.10(B)(4)(f)(ii)]. should be provided.

The Date block should be completed with six digits. The total of these pages should be transferred to For example, March 9, 2009, would appear as the general Statement of Contributions Received. 03 09 09. A transfer is done by placing the words “Total contributions from Form no. 31-T” in one of the lines marked Full Name of Contributor.

Ohio Secretary of State’s Office A-55 31-U Page ______R.C. 3517.105 Independent Expenditures Made by a Campaign Committee, PAC, Political Contributing Entity, Political Party or Legislative Campaign Fund

Prescribed by Secretary of State 07/05

Name of Committee in Full

Candidate or Ballot Issue If Candidate, Office Sought l Support l Oppose To Whom Paid

Address Purpose M D Y Amount

City State Zip Code

Candidate or Ballot Issue If Candidate, Office Sought l Support l Oppose To Whom Paid

Address Purpose M D Y Amount

City State Zip Code

Candidate or Ballot Issue If Candidate, Office Sought l Support l Oppose To Whom Paid

Address Purpose M D Y Amount

City State Zip Code

Candidate or Ballot Issue If Candidate, Office Sought l Support l Oppose To Whom Paid

Address Purpose M D Y Amount

City State Zip Code

Candidate or Ballot Issue If Candidate, Office Sought l Support l Oppose To Whom Paid

Address Purpose M D Y Amount

City State Zip Code

Page Total $ ______Forms and Instructions

Independent Expenditures Made by a Campaign Committee, PAC, Political Party or Legislative Campaign Fund — Form 31-U For purpose of this form, an independent expenditure The Candidate or Ballot Issue block should reflect is an expenditure for or against a candidate or the name of the person or ballot issue that is being ballot issue that is not made with the consent of, supported or opposed. or coordinated with, the candidate’s campaign committee, a registered PAC, a political contributing The To Whom Paid block and the address should entity or its agent. If the item or service provided was reflect the name and address of the vendor from made with the consent of, or coordinated in some whom the goods or services were purchased. manner with, the recipient of the benefit, it should instead be reported as an in-kind contribution The Date block should be completed with six digits. [R.C. 3517.01(B)(17)]. For example, March 9, 2009, would appear as 03 09 09. Any expenditure by a political party for the purpose of financing communications advocating the election The State block should be completed with the U.S. or defeat of a candidate for judicial office must be Post Office’s standard two-letter abbreviation. For reported as an independent expenditure on this form. example, Ohio would appear as OH. [R.C. 3517.105(D)] The total of all independent expenditures made This form is filed as part of a committee’s campaign appears both on the last line of the cover page and finance report. Different forms exist for individuals as a transfer to Form 31-B for inclusion in the total or groups that are not otherwise required to file amount of expenditures. campaign finance reports.

Ohio Secretary of State’s Office A-57 31-V R.C. 3517.102(E) Legislative Campaign Fund Excess Contributions

Prescribed by Secretary of State 12/97

Name of Legislative Campaign Fund in Full

Street Address

City Sta te Zip Code

Date of MDY Contributions on hand Amount Excess over limit. Amount election to as of close of business If zero, the remainder of the which this on 7th day before the form, other than the signature form post-general report was line, need not be completed. relates required to be filed.

To Whom Disbursed

Address M D Y Amount

City Sta te Zip Code Code1

To Whom Disbursed

Address M D Y Amount

City Sta te Zip Code Code1

To Whom Disbursed

Address M D Y Amount

City Sta te Zip Code Code1

To Whom Disbursed

Address M D Y Amount

City Sta te Zip Code Code1

1 Codes: 1 = OEC Fund 2 = Contributor Refund 3 = 501(c) Corporation

THE INFORMATION CONTAINED IN THIS REPORT IS MADE UNDER THE PENALTY OF ELECTION FALSIFICATION. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE .

______Treasurer (Print Name)

______Signature Date

Page Total $ ______Reset Form

LCF Excess Contributions (Continued)

To Whom Disbursed

Address M D Y Amount

City Sta te Zip Code Code1

To Whom Disbursed

Address M D Y Amount

City Sta te Zip Code Code1

To Whom Disbursed

Address M D Y Amount

City Sta te Zip Code Code1

To Whom Disbursed

Address M D Y Amount

City Sta te Zip Code Code1

To Whom Disbursed

Address M D Y Amount

City Sta te Zip Code Code1

To Whom Disbursed

Address M D Y Amount

City Sta te Zip Code Code1

To Whom Disbursed

Address M D Y Amount

City Sta te Zip Code Code1

1 Codes: 1 = OEC Fund 2 = Contributor Refund 3 = 501(c) Corporation

Page Total $ ______Ohio Campaign Finance Handbook

Legislative Campaign Fund Excess Contributions — Form 31-V

Only a legislative campaign fund (LCF) may use The full name and address of the individual or entity this form. Any legislative campaign fund with total to whom the excess funds are given must be entered contributions in excess of $162,500 at the close of into the appropriate blocks. business on the seventh day before a post-general election report is due must dis¬pose of the excess The Code block should reflect one of the allowable amount not later than ninety days after the day the codes. A “1” should appear if the excess is given to post-general election report is required to be filed. the Ohio Elections Commission Fund. A “2” should Any LCF required to dispose of excess funds is appear if the excess is refunded to a contributor (up required to file this form by the ninetieth day after the to, but not exceeding, the total contributed by that post-general election report is required to be filed. contributor). A “3” should appear if the excess is This form is a stand alone report and is not filed as given to a 501(c) corporation. a part of a LCF’s regular campaign finance report [3517.102(E)(2)]. Either the treasurer or deputy treasurer of record with the Secretary of State’s office must sign this report. The Date blocks should be completed with six digits. For original signature of the treasurer or deputy treasurer example, December 3, 2009, would appear as must appear. 12 03 09.

A-60 Ohio Secretary of State’s Office 31-W R.C. 3517.109(E), (F) Permissive Funds Report and Declaration of Filing-Day Finances Prescribed by Secretary of State 2/01

Full Name of Committee Office Sought

Street Address District

City State Zip Code

Type of Report (place X to the left of report type) Permissive Funds Report Declaration of Filing Day Finances

MD Y Amended Report? l Yes l No Date of Election Note: Any candidate who qualifies to file a Waiver of Declaration of Filing-Day Finances is not required to file this form. All candidates who do not qualify to file a Waiver of Declaration of Filing-Day Finances must file a Declaration of Filing-Day Finances. If the candidate is also required to file a Permissive Funds Report (see instruction page), both the Declaration of Filing-Day Finances and the Permissive Funds Report should be filed simultaneously on this form. Declaration of Filing-Day Finances

1. Amount cash on hand on petition filing deadline $.

2. Total value of assets (From Form No. 31-X) $.

3. Total aggregate contributions received $.

4. Total allowable aggregate contributions received $.

5. Total excess aggregate contributions (Subtract line 4 from line 3) $.

6. Applicable carry in limit ($35,000 House of Representatives or State Board of Education candidates, $100,000 Senate candidates, $. $200,000 statewide candidates)

Permissive Funds Report Note: This area should be completed by all candidates (Statewide, Senate or House) who must file a Permissive Funds Report.

7. Sum of cash and assets (Sum of lines 1 and 2) $.

8. Total permitted funds (Sum of lines 4 and 6) $.

9. Total excess funds (Subtract line 8 from line 7) $.

Disposal of Excess Funds

10.Total disposal of excess funds and excess aggregate contributions (Sum of lines 5 and 9) (From form No. 31-Z) $.

THE INFORMATION CONTAINED IN THIS REPORT IS MADE UNDER THE PENALTY OF ELECTION FALSIFICATION. WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.

______Print Name and Title (Treasurer and Deputy Treasurer only) Signature Date

Asset Excess Aggregate Disposal of Excess pages______Contribution pages______pages______Ohio Campaign Finance Handbook

Permissive Funds Report and Declaration of Filing-Day Finances (Cover Page) — Form 31-W This form is used ONLY by the campaign committees The Type of Report must be indicated. If a candidate of statewide, general assembly and state board of is required to file both a Permissive Funds and a education candidates. Campaign committees of Declaration of Filing-Day Finances, both reports candidates for justice or chief justice of the Supreme should be filed simultaneously under one cover page; Court do not have to file this form. A Permissive simply indicate such by marking both report boxes. Funds Report must be filed by any statewide, general assembly or state board of education candidate who is The Amended Report box should be marked “Yes” only required to dispose of excess funds or excess aggregate if the report is being filed to correct, add to, or in some contributions. A Declaration of Filing-Day Finances way change a report that has already been filed. Do must be filed by any statewide, general assembly not combine a correction report (addendum) with an or state board of education candidate who files a original filing. declaration of candidacy or nominating petition for a state office. The Declaration of Filing-Day Finances is The total of all aggregate contributions received from not necessary if the campaign committee files a Waiver each contributor during the pre-filing period should of Declaration of Filing-Day Finances Form No 31-AA be entered in line 3, Total Aggregate Contributions [R.C. 3517.109]. Received. line 4, the Total Allowable Aggregate Contributions Received box should indicate the sum Cover pages identify who filed the report and what of all contributions received from each contributor type of report is being filed. They also summarize the during the pre-filing period that did not exceed the detail inside the report. Do not use the cover page as appropriate contribution limits outlined in a substitute for listing information on the appropriate R.C. 3517.102. Total Excess Aggregate Contributions form. For example, do not explain or describe assets equals the difference between Total Aggregate on the cover page; report the item(s) on the Statement Contributions Received and Total Allowable Aggregate of Assets Form No. 31-X. Contributions.

The office sought should be completed for all This cover page must be signed by the treasurer or candidates. In the case of general assembly and state deputy treasurer of the campaign committee. If a board of education candidates, the district should also treasurer was not appointed, the candidate is the be included. treasurer. It may be helpful to designate a deputy treasurer in the event that the treasurer is not available The Date of Election block should be completed with to sign the report at the time of a filing deadline. The six digits. For example, May 5, 2009, would appear as candidate cannot sign the report unless he or she 05 05 09. is the treasurer or deputy treasurer [R.C. 3517.081, 3517.10(C),(D)].

A-62 Ohio Secretary of State’s Office 31-X Page ______R.C. 3517.109(F) Statement of Assets Prescribed by Secretary of State 12/97 List only assets that will be consumed or depleted in the course of the election campaign, are available to the candidate on the petition filing deadline, and are worth $500 or more.

Name of Committee in Full

Describe Asset Value of Asset

Describe Asset Value of Asset

Describe Asset Value of Asset

Describe Asset Value of Asset

Describe Asset Value of Asset

Describe Asset Value of Asset

Describe Asset Value of Asset

Describe Asset Value of Asset

Describe Asset Value of Asset

Describe Asset Value of Asset

Describe Asset Value of Asset

Describe Asset Value of Asset

Describe Asset Value of Asset

Describe Asset Value of Asset

Describe Asset Value of Asset

Describe Asset Value of Asset

Describe Asset Value of Asset

Describe Asset Value of Asset

Page Total $ ______Ohio Campaign Finance Handbook

Statement of Assets — Form 31-X

This form is used ONLY by the campaign committees A brief, accurate description of each campaign asset of statewide, general assembly and state board of should be entered into the box marked “Describe education candidates. This form is only filed as part of Asset.” For example: 10 boxes/1000 sheets each of a Permissive Funds Report and Declaration of Filing committee stationery or contract for three 60 second Day Finances filing when necessary. It is not ever part ads - WABC radio. of a regularly filed campaign finance report. In the Value of Asset box enter the actual cost of any The Statement of Assets lists non-monetary assets items purchased by the committee or the fair market available to a committee on the filing deadline for value for any donated items (in-kind contributions). the office that the candidate is seeking. Any prepaid, Only those assets valued at or costing $500 or more purchased, or donated assets worth $500 or more need to be listed. that will be consumed or depleted during the course of the campaign need to be listed. Some examples The total of all the Statement of Assets pages should of this type of asset include, but are not limited to: appear on line 2 of the cover page of the Permissive postage, prepaid radio, television and newspaper Funds report and Declaration of Filing-Day Finances advertising, prepaid rent for campaign headquarters, Form 31-W. personal services and prepaid consulting services [R.C. 3517.109(A)(12)]. Items such as computer equipment or furniture that will not be consumed or depleted during the campaign do not need to be listed.

A-64 Ohio Secretary of State’s Office 31-Y Page ______R.C. 3517.109(E) Statement of Excess Aggregate Contributions Received During the Election Period Prescribed by Secretary of State 1/98

Name of Committee in Full

Full Name of Contributor Aggregate Contribution

Street Address Excess Aggregate Contribution

City State Zip Code M D Y Aggregate Contribution

Full Name of Contributor Aggregate Contribution

Street Address Excess Aggregate Contribution

City State Zip Code M D Y Aggregate Contribution

Full Name of Contributor Aggregate Contribution

Street Address Excess Aggregate Contribution

City State Zip Code M D Y Aggregate Contribution

Full Name of Contributor Aggregate Contribution

Street Address Excess Aggregate Contribution

City State Zip Code M D Y Aggregate Contribution

Full Name of Contributor Aggregate Contribution

Street Address Excess Aggregate Contribution

City State Zip Code M D Y Aggregate Contribution

Full Name of Contributor Aggregate Contribution

Street Address Excess Aggregate Contribution

City State Zip Code M D Y Aggregate Contribution Ohio Campaign Finance Handbook

Statement of Excess Aggregate Contributions Received During the Election Period — Form 31-Y This form is used ONLY by the campaign committees Example: of statewide, general assembly and state board of education candidates who receive excess aggregate Mary Miller Agg. Contr.$2,600 contributions during the pre-filing period. The 999 Beech Drive Excess Agg. $100 pre-filing period begins on the same day as the Dublin, OH 43016 candidate’s primary election period and ends on the day that the candidacy petitions are due for the state Enter the portion of the aggregate contribution that office for which the candidate has filed exceeds the contribution limit in the Excess Aggregate [R.C. 3517.109(A)(9)]. Contribution block.

The full name and address of any contributor who gave aggregate contributions during the pre-filing period in excess of the contributions limits in R.C. 3517.102 should be entered in the Full Name of Contributor and Address blocks. The name of contributors who gave multiple contributions during the pre-filing period must be entered only once. The total of all contributions from a single contributor during the pre-filing period is entered in the Aggregate Contribution block.

A-66 Ohio Secretary of State’s Office 31-Z R.C. 3517.109(E), (F) Page ______Statement of Disposal of Excess Funds and Excess Aggregate Contributions Prescribed by Secretary of State 1/98

Name of Committee in Full

To Whom Funds or Asset Given M D Y Value

Address Describe Funds or Asset Given

City State Zip Code Code1

To Whom Funds or Asset Given M D Y Value

Address Describe Funds or Asset Given

City State Zip Code Code1

To Whom Funds or Asset Given M D Y Value

Address Describe Funds or Asset Given

City State Zip Code Code1

To Whom Funds or Asset Given M D Y Value

Address Describe Funds or Asset Given

City State Zip Code Code1

To Whom Funds or Asset Given M D Y Value

Address Describe Funds or Asset Given

City State Zip Code Code1

To Whom Funds or Asset Given M D Y Value

Address Describe Funds or Asset Given

City State Zip Code Code1

To Whom Funds or Asset Given M D Y Value

Address Describe Funds or Asset Given

City State Zip Code Code1

1 Codes: 1 = OEC Fund 2 = Contributor Refund 3 = 501(c) Corporation

Page Total $ ______Ohio Campaign Finance Handbook

Statement of Disposal of Excess Funds and Excess Aggregate Contributions — Form 31-Z This form is used ONLY by the campaign committees A description of the funds or asset(s) should be briefly of statewide, general assembly and state board of but completely stated in the Describe Funds or Asset education candidates who must dispose of excess Given block. For example: Check #1234 - campaign funds or excess aggregate contributions. funds or (100) 32 cent U.S. Postal stamps.

This form is used to list the methods by which excess The Code block should reflect one of the allowable funds and excess aggregate contributions were codes. A “1” should appear if the excess is given to disposed. The excess amount disposed of may be in the Ohio Elections Commission Fund. A “2” should the form of campaign funds or campaign assets. appear if the excess is refunded to a contributor (up to, but not exceeding, the total contributed by that The full name and address of the individual or entity contributor). A “3” should appear if the excess is to which the funds or assets are given must be entered given to a 501(c) corporation. into the appropriate blocks. The total of all the Statement of Disposal of Excess Date blocks should be completed with six digits. For Funds and Excess Aggregate Contributions should example, May 20, 2009, would appear as 05 20 09. appear on line 10 of the Permissive Funds Report and Declaration of Filing-Day Finances, Form 31-W. If the excess given was monetary, enter the actual dollar amount in the Value block. When disposing of campaign assets, the Value block should reflect the fair market value of the asset.

A-68 Ohio Secretary of State’s Office Form 30-T R.C. §3517.1014 Establishment of Transition Fund and Designation of Transition Fund Treasurer

Prescribed by Secretary of State 7/10

Transition Funds Only Full Name of Officeholder for Whom Transition Fund is Established Office to which Officeholder Elected or Appointed

Street Address Date of Election or Appointment Municipality / Subdivision / District

City State Zip Code County or Counties in Which Office is Located *

Full Name of Treasurer of Transition Fund

Street Address Telephone Number E-Mail Address

City State Zip Code FAX Number

Signature of Officeholder Date

Signature of Treasurer of Transition Fund Date

* If a statewide office, please insert "ALL"

Is this an amended filing? NO YES

If YES, reason for amendment:

This form is used to establish a transition fund and designate its treasurer pursuant to R.C. § 3517.1014. A transition fund is separate and distinct from any campaign committee a candidate or officeholder may have in operation. Additionally, a transition fund is limited in its purpose, operation and the term of its existence.

Ohio Campaign Finance Handbook Ohio Revised Code Campaign Finance Laws This page intentionally left blank. Ohio Revised Code Campaign Finance Laws

3501.01 Definitions all primary elections shall be held on the first Tuesday after the first Monday in March except As used in the sections of the Revised Code relating as otherwise authorized by a municipal or to elections and political communications: county charter.

(A) “General election” means the election held on the (F) “Political party” means any group of voters first Tuesday after the first Monday in each November. meeting the requirements set forth in section 3517.01 of the Revised Code for the formation and existence (B) “Regular municipal election” means the election of a political party. held on the first Tuesday after the first Monday in November in each odd-numbered year. (1) “Major political party” means any political party organized under the laws of this state (C) “Regular state election” means the election whose candidate for governor or nominees held on the first Tuesday after the first Monday in for presidential electors received no less than November in each even-numbered year. twenty per cent of the total vote cast for such office at the most recent regular state election. (D) “Special election” means any election other than those elections defined in other divisions of this (2) “Intermediate political party” means any section. A special election may be held only on the political party organized under the laws of this first Tuesday after the first Monday in February, May, state whose candidate for governor or nominees August, or November, or on the day authorized by a for presidential electors received less than particular municipal or county charter for the holding twenty per cent but not less than ten per cent of a primary election, except that in any year in which of the total vote cast for such office at the most a presidential primary election is held, no special recent regular state election. election shall be held in February or May, except as authorized by a municipal or county charter, but may (3) “Minor political party” means any political be held on the first Tuesday after the first Monday in party organized under the laws of this state March. whose candidate for governor or nominees for presidential electors received less than (E)(1) “Primary” or “primary election” means an ten per cent but not less than five per cent of election held for the purpose of nominating the total vote cast for such office at the most persons as candidates of political parties for recent regular state election or which has filed election to offices, and for the purpose of with the secretary of state, subsequent to any electing persons as members of the controlling election in which it received less than five per committees of political parties and as delegates cent of such vote, a petition signed by qualified and alternates to the conventions of political electors equal in number to at least one per cent parties. Primary elections shall be held on of the total vote cast for such office in the last the first Tuesday after the first Monday in preceding regular state election, except that a May of each year except in years in which a newly formed political party shall be known as presidential primary election is held. a minor political party until the time of the first election for governor or president which occurs (2) “Presidential primary election” means a primary not less than twelve months subsequent to the election as defined by division (E)(1) of this formation of such party, after which election the section at which an election is held for the status of such party shall be determined by the purpose of choosing delegates and alternates to vote for the office of governor or president. the national conventions of the major political parties pursuant to section 3513.12 of the (G) “Dominant party in a precinct” or “ dominant Revised Code. Unless otherwise specified, political party in a precinct” means that political party presidential primary elections are included whose candidate for election to the office of governor in references to primary elections. In years in at the most recent regular state election at which a which a presidential primary election is held, governor was elected received more votes than any

Ohio Secretary of State’s Office B-3 Ohio Campaign Finance Handbook other person received for election to that office in (M) “Question or issue” means any question or issue such precinct at such election. certified in accordance with the Revised Code for placement on an official ballot at a general or special (H) “Candidate” means any qualified person certified election to be held in this state. in accordance with the provisions of the Revised Code for placement on the official ballot of a primary, (N) “Elector” or “qualified elector” means a person general, or special election to be held in this state, having the qualifications provided by law to be or any qualified person who claims to be a write- entitled to vote. in candidate, or who knowingly assents to being represented as a write-in candidate by another at (O) “Voter” means an elector who votes at an either a primary, general, or special election to be election. held in this state. (P) “Voting residence” means that place of residence (I) “Independent candidate” means any candidate of an elector which shall determine the precinct in who claims not to be affiliated with a political party, which the elector may vote. and whose name has been certified on the office- type ballot at a general or special election through (Q) “Precinct” means a district within a county the filing of a statement of candidacy and nominating established by the board of elections of such county petition, as prescribed in section 3513.257 of the within which all qualified electors having a voting Revised Code. residence therein may vote at the same polling place.

(J) “Nonpartisan candidate” means any candidate (R) “Polling place” means that place provided for whose name is required, pursuant to section 3505.04 each precinct at which the electors having a voting of the Revised Code, to be listed on the nonpartisan residence in such precinct may vote. ballot, including all candidates for judicial office, for (S) “Board” or “board of elections” means the board member of any board of education, for municipal or of elections appointed in a county pursuant to section township offices in which primary elections are not 3501.06 of the Revised Code. held for nominating candidates by political parties, and for offices of municipal corporations having (T) “Political subdivision” means a county, township, charters that provide for separate ballots for elections city, village, or school district. for these offices. (U) “Election officer” or “election official” means any (K) “Party candidate” means any candidate who of the following: claims to be a member of a political party, whose name has been certified on the office-type ballot at (1) Secretary of state; a general or special election through the filing of a declaration of candidacy and petition of candidate, (2) Employees of the secretary of state serving the and who has won the primary election of the division of elections in the capacity of attorney, candidate’s party for the public office the candidate administrative officer, administrative assistant, seeks or is selected by party committee in accordance elections administrator, office manager, or with section 3513.31 of the Revised Code. clerical supervisor;

(L) “Officer of a political party” includes, but is not (3) Director of a board of elections; limited to, any member, elected or appointed, of a controlling committee, whether representing the (4) Deputy director of a board of elections; territory of the state, a district therein, a county, township, a city, a ward, a precinct, or other territory, (5) Member of a board of elections; of a major, intermediate, or minor political party. (6) Employees of a board of elections;

(7) Precinct polling place judges;

B-4 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws

(8) Employees appointed by the boards of elections was issued, which shall conform to the name in on a temporary or part-time basis. the poll list or signature pollbook.

(V) “Acknowledgment notice” means a notice sent (2) It shows the current address of the individual by a board of elections, on a form prescribed by to whom it was issued, which shall conform the secretary of state, informing a voter registration to the address in the poll list or signature applicant or an applicant who wishes to change the pollbook, except for a driver’s license or a state applicant’s residence or name of the status of the identification card issued under section 4507.50 application; the information necessary to complete or of the Revised Code, which may show either the update the application, if any; and if the application current or former address of the individual to is complete, the precinct in which the applicant is to whom it was issued, regardless of whether that vote. address conforms to the address in the poll list or signature pollbook. (W) “Confirmation notice” means a notice sent by a board of elections, on a form prescribed by the (3) It shows a photograph of the individual to secretary of state, to a registered elector to confirm whom it was issued. the registered elector’s current address. (4) It includes an expiration date that has not (X) “Designated agency” means an office or agency passed. in the state that provides public assistance or that provides state-funded programs primarily engaged (5) It was issued by the government of the United in providing services to persons with disabilities and States or this state. that is required by the National Voter Registration Act of 1993 to implement a program designed and 3501.05 Duties and powers of secretary of state administered by the secretary of state for registering voters, or any other public or government office or The secretary of state shall do all of the following: agency that implements a program designed and (A) Appoint all members of boards of elections; administered by the secretary of state for registering voters, including the department of job and family (B) Issue instructions by directives and advisories in services, the program administered under section accordance with section 3501.053 of the Revised 3701.132 of the Revised Code by the department Code to members of the boards as to the proper of health, the department of mental health, the methods of conducting elections. department of mental retardation and developmental disabilities, the rehabilitation services commission, (C) Prepare rules and instructions for the conduct of and any other agency the secretary of state designates. elections; “Designated agency” does not include public high schools and vocational schools, public libraries, or (D) Publish and furnish to the boards from time to the office of a county treasurer. time a sufficient number of indexed copies of all election laws then in force; (Y) “National Voter Registration Act of 1993” means the “National Voter Registration Act of 1993,” 107 (E) Edit and issue all pamphlets concerning proposed Stat. 77, 42 U.S.C.A. 1973gg. laws or amendments required by law to be submitted to the voters; (Z) “Voting Rights Act of 1965” means the “Voting Rights Act of 1965,” 79 Stat. 437, 42 U.S.C.A. 1973, (F) Prescribe the form of registration cards, blanks, as amended. and records;

(AA) “Photo identification” means a document that (G) Determine and prescribe the forms of ballots meets each of the following requirements: and the forms of all blanks, cards of instructions, pollbooks, tally sheets, certificates of election, (1) It shows the name of the individual to whom it and forms and blanks required by law for use by

Ohio Secretary of State’s Office B-5 Ohio Campaign Finance Handbook candidates, committees, and boards; various counties, a tabulation of the votes in the several political subdivisions, and other information (H) Prepare the ballot title or statement to be placed and recommendations relative to elections the on the ballot for any proposed law or amendment to secretary of state considers desirable; the constitution to be submitted to the voters of the state; (P) Prescribe and distribute to boards of elections a list of instructions indicating all legal steps necessary to (I) Except as otherwise provided in section 3519.08 petition successfully for local option elections under of the Revised Code, certify to the several boards the sections 4301.32 to 4301.41, 4303.29, 4305.14, and forms of ballots and names of candidates for state 4305.15 of the Revised Code; offices, and the form and wording of state referendum questions and issues, as they shall appear on the (Q) Adopt rules pursuant to Chapter 119. of the ballot; Revised Code for the removal by boards of elections of ineligible voters from the statewide voter (J) Except as otherwise provided in division (I)(2)(b) registration database and, if applicable, from the of section 3501.38 of the Revised Code, give final poll list or signature pollbook used in each precinct, approval to ballot language for any local question or which rules shall provide for all of the following: issue approved and transmitted by boards of elections under section 3501.11 of the Revised Code; (1) A process for the removal of voters who have changed residence, which shall be uniform, (K) Receive all initiative and referendum petitions on nondiscriminatory, and in compliance with state questions and issues and determine and certify the Voting Rights Act of 1965 and the National to the sufficiency of those petitions; Voter Registration Act of 1993, including a program that uses the national change of (L) Require such reports from the several boards as are address service provided by the United States provided by law, or as the secretary of state considers postal system through its licensees; necessary; (2) A process for the removal of ineligible voters (M) Compel the observance by election officers in the under section 3503.21 of the Revised Code; several counties of the requirements of the election laws; (3) A uniform system for marking or removing the name of a voter who is ineligible to vote from (N)(1) Except as otherwise provided in division (N) the statewide voter registration database and, (2) of this section, investigate the administration if applicable, from the poll list or signature of election laws, frauds, and irregularities in pollbook used in each precinct and noting the elections in any county, and report violations reason for that mark or removal. of election laws to the attorney general or prosecuting attorney, or both, for prosecution; (R) Prescribe a general program for registering voters or updating voter registration information, such as (2) On and after August 24, 1995, report a failure name and residence changes, by boards of elections, to comply with or a violation of a provision designated agencies, offices of deputy registrars of in sections 3517.08 to 3517.13, 3517.17, motor vehicles, public high schools and vocational 3517.18, 3517.20 to 3517.22, 3599.03, or schools, public libraries, and offices of county 3599.031 of the Revised Code, whenever the treasurers consistent with the requirements of section secretary of state has or should have knowledge 3503.09 of the Revised Code; of a failure to comply with or a violation of a provision in one of those sections, by filing a (S) Prescribe a program of distribution of voter complaint with the Ohio elections commission registration forms through boards of elections, under section 3517.153 of the Revised Code; designated agencies, offices of the registrar and deputy registrars of motor vehicles, public high (O) Make an annual report to the governor containing schools and vocational schools, public libraries, and the results of elections, the cost of elections in the

B-6 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws offices of county treasurers; conference or teleconference call takes place.

(T) To the extent feasible, provide copies, at no cost (Y) Publish a report on a web site of the office of the and upon request, of the voter registration form in secretary of state not later than one month after the post offices in this state; completion of the canvass of the election returns for each primary and general election, identifying, (U) Adopt rules pursuant to section 111.15 of the by county, the number of absent voter’s ballots cast Revised Code for the purpose of implementing the and the number of those ballots that were counted, program for registering voters through boards of and the number of provisional ballots cast and the elections, designated agencies, and the offices of number of those ballots that were counted, for that the registrar and deputy registrars of motor vehicles election. The secretary of state shall maintain the consistent with this chapter; information on the web site in an archive format for each subsequent election. (V) Establish the full-time position of Americans with Disabilities Act coordinator within the office of the (Z) Conduct voter education outlining voter secretary of state to do all of the following: identification, absent voters ballot, provisional ballot, and other voting requirements; (1) Assist the secretary of state with ensuring that there is equal access to polling places for (AA) Establish a procedure by which a registered persons with disabilities; elector may make available to a board of elections a more recent signature to be used in the poll list (2) Assist the secretary of state with ensuring that or signature pollbook produced by the board of each voter may cast the voter’s ballot in a elections of the county in which the elector resides; manner that provides the same opportunity for access and participation, including privacy and (BB) Disseminate information, which may include all independence, as for other voters; or part of the official explanations and arguments, by means of direct mail or other written publication, (3) Advise the secretary of state in the development broadcast, or other means or combination of means, of standards for the certification of voting as directed by the Ohio ballot board under division machines, marking devices, and automatic (F) of section 3505.062 of the Revised Code, in order tabulating equipment. to inform the voters as fully as possible concerning each proposed constitutional amendment, proposed (W) Establish and maintain a computerized statewide law, or referendum; database of all legally registered voters under section 3503.15 of the Revised Code that complies with the (CC) Perform other duties required by law. requirements of the “Help America Vote Act of 2002,” Pub. L. No. 107-252, 116 Stat. 1666, and provide Whenever a primary election is held under training in the operation of that system; section 3513.32 of the Revised Code or a special election is held under section 3521.03 (X) Ensure that all directives, advisories, other of the Revised Code to fill a vacancy in instructions, or decisions issued or made during the office of representative to congress, the or as a result of any conference or teleconference secretary of state shall establish a deadline, call with a board of elections to discuss the proper notwithstanding any other deadline required methods and procedures for con-ducting elections, under the Revised Code, by which any or all to answer questions regarding elections, or to discuss of the following shall occur: the filing of a the interpretation of directives, advisories, or other declaration of candidacy and petitions or a instructions issued by the secretary of state are posted statement of candidacy and nominating petition on a web site of the office of the secretary of state together with the applicable filing fee; the filing as soon as is practicable after the completion of of protests against the candidacy of any person the conference or teleconference call, but not later filing a declaration of candidacy or nominating than the close of business on the same day as the petition; the filing of a declaration of intent to

Ohio Secretary of State’s Office B-7 Ohio Campaign Finance Handbook

be a write-in candidate; the filing of campaign public libraries, and the office of a county finance reports; the preparation of, and the treasurer shall implement voter registration making of corrections or challenges to, precinct programs as directed by the secretary of state voter registration lists; the receipt of applications pursuant to this section. for absent voter’s ballots or armed service absent voter’s ballots; the supplying of election 3517.01 Definitions materials to precincts by boards of elections; the holding of hearings by boards of elections (A)(1) A political party within the meaning of Title to consider challenges to the right of a person XXXV of the Revised Code is any group of voters to appear on a voter registration list; and the that, at the most recent regular state election, scheduling of programs to instruct or reinstruct polled for its candidate for governor in the state election officers. or nominees for presidential electors at least five per cent of the entire vote cast for that office or In the performance of the secretary of state’s that filed with the secretary of state, subsequent duties as the chief election officer, the secretary to any election in which it received less than of state may administer oaths, issue subpoenas, five per cent of that vote, a petition signed by summon witnesses, compel the production of qualified electors equal in number to at least books, papers, records, and other evidence, and one per cent of the total vote for governor fix the time and place for hearing any matters or nominees for presidential electors at the relating to the administration and enforcement most recent election, declaring their intention of the election laws. of organizing a political party, the name of which shall be stated in the declaration, and of In any controversy involving or arising out of the participating in the succeeding primary election, adoption of registration or the appropriation of held in even-numbered years, that occurs funds for registration, the secretary of state may, more than one hundred twenty days after the through the attorney general, bring an action in date of filing. No such group of electors shall the name of the state in the court of common assume a name or designation that is similar, pleas of the county where the cause of action in the opinion of the secretary of state, to that arose or in an adjoining county, to adjudicate of an existing political party as to confuse or the question. mislead the voters at an election. If any political party fails to cast five per cent of the total vote In any action involving the laws in Title XXXV cast at an election for the office of governor or of the Revised Code wherein the interpretation president, it shall cease to be a political party. of those laws is in issue in such a manner that the result of the action will affect the lawful (2) A campaign committee shall be legally liable duties of the secretary of state or of any board for any debts, contracts, or expenditures of elections, the secretary of state may, on the incurred or executed in its name. secretary of state’s motion, be made a party. (B) Notwithstanding the definitions found in section The secretary of state may apply to any court 3501.01 of the Revised Code, as used in this section that is hearing a case in which the secretary and sections 3517.08 to 3517.14, 3517.99, and of state is a party, for a change of venue as a 3517.992 of the Revised Code: substantive right, and the change of venue shall be allowed, and the case removed to the court (1) “Campaign committee” means a candidate or a of common pleas of an adjoining county named combination of two or more persons authorized in the application or, if there are cases pending by a candidate under section 3517.081 of the in more than one jurisdiction that involve the Revised Code to receive contributions and make same or similar issues, the court of common expenditures. pleas of Franklin county. (2) “Campaign treasurer” means an individual Public high schools and vocational schools, appointed by a candidate under section

B-8 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws

3517.081 of the Revised Code. the payment by any campaign committee, political action committee, legislative campaign (3) “Candidate” has the same meaning as in fund, political party, political contributing entity, division (H) of section 3501.01 of the Revised or person other than the person to whom the Code and also includes any person who, at services are rendered for the personal services of any time before or after an election, receives another person, that is made, received, or used contributions or makes expenditures or other by a state or county political party, other than use of contributions, has given consent for moneys a state or county political party receives another to receive contributions or make from the Ohio political party fund pursuant to expenditures or other use of contributions, or section 3517.17 of the Revised Code and the appoints a campaign treasurer, for the purpose moneys a state or county political party may of bringing about the person’s nomination or receive under sections 3517.101, 3517.1012, election to public office. When two persons and 3517.1013 of the Revised Code, shall jointly seek the offices of governor and be considered to be a “contribution” for the lieutenant governor, “candidate” means the purpose of section 3517.10 of the Revised pair of candidates jointly. “Candidate” does not Code and shall be included on a statement of include candidates for election to the offices of contributions filed under that section. member of a county or state central committee, presidential elector, and delegate to a national “Contribution” does not include any of the convention or conference of a political party. following:

(4) “Continuing association” means an association, (a) Services provided without compensation by other than a campaign committee, political individuals volunteering a portion or all of party, legislative campaign fund, political their time on behalf of a person; contributing entity, or labor organization, that is intended to be a permanent organization that (b) Ordinary home hospitality; has a primary purpose other than supporting or opposing specific candidates, political (c) The personal expenses of a volunteer paid for parties, or ballot issues, and that functions on a by that volunteer campaign worker; regular basis throughout the year. “Continuing (d) Any gift given to a state or county political association” includes organizations that are party pursuant to section 3517.101 of the determined to be not organized for profit Revised Code. As used in division (B)(5)(d) of under subsection 501 and that are described in this section, “political party” means only a subsection 501(c)(3), 501(c)(4), or 501(c)(6) of major political party; the Internal Revenue Code. (e) Any contribution as defined in section (5) “Contribution” means a loan, gift, deposit, 3517.1011 of the Revised Code that is made, forgiveness of indebtedness, donation, advance, received, or used to pay the direct costs payment, or transfer of funds or anything of of producing or airing an electioneering value, including a transfer of funds from an inter communication; vivos or testamentary trust or decedent’s estate, and the payment by any person other than (f) Any gift given to a state or county political the person to whom the services are rendered party for the party’s restricted fund under for the personal services of another person, division (A)(2) of section 3517.1012 of the which contribution is made, received, or used Revised Code; for the purpose of influencing the results of an election. Any loan, gift, deposit, forgiveness (g) Any gift given to a state political party for of indebtedness, donation, advance, payment, deposit in a Levin account pursuant to or transfer of funds or of anything of value, section 3517.1013 of the Revised Code. As including a transfer of funds from an inter vivos used in this division, “Levin account” has the or testamentary trust or decedent’s estate, and

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same meaning as in that section. not a political party, a campaign committee, a political contributing entity, or a legislative (h) Any donation given to a transition fund under campaign fund. “Political action committee” section 3517.1014 of the Revised Code. does not include either of the following:

(6) “Expenditure” means the disbursement or use of (a) A continuing association that makes a contribution for the purpose of influencing the disbursements for the direct costs of results of an election or of making a charitable producing or airing electioneering donation under division (G) of section 3517.08 communications and that does not engage in of the Revised Code. Any disbursement or use express advocacy; of a contribution by a state or county political party is an expenditure and shall be considered (b) A political club that is formed primarily either to be made for the purpose of influencing for social purposes and that consists of the results of an election or to be made as one hundred members or less, has officers a charitable donation under division (G) of and periodic meetings, has less than two section 3517.08 of the Revised Code and shall thousand five hundred dollars in its treasury be reported on a statement of expenditures filed at all times, and makes an aggregate total under section 3517.10 of the Revised Code. contribution of one thousand dollars or less During the thirty days preceding a primary or per calendar year. general election, any disbursement to pay the direct costs of producing or airing a broadcast, (9) “Public office” means any state, county, cable, or satellite communication that refers to a municipal, township, or district office, except clearly identified candidate shall be considered an office of a political party, that is filled by an to be made for the purpose of influencing the election and the offices of United States senator results of that election and shall be reported and representative. as an expenditure or as an independent expenditure under section 3517.10 or 3517.105 (10) “Anything of value” has the same meaning as of the Revised Code, as applicable, except in section 1.03 of the Revised Code. that the information required to be reported (11) “Beneficiary of a campaign fund” means a regarding contributors for those expenditures or candidate, a public official or employee for independent expenditures shall be the same as whose benefit a campaign fund exists, and any the information required to be reported under other person who has ever been a candidate divisions (D)(1) and (2) of section 3517.1011 of or public official or employee and for whose the Revised Code. benefit a campaign fund exists. As used in this division, “broadcast, cable, or (12) “Campaign fund” means money or other satellite communication” and “refers to a clearly property, including contributions. identified candidate” have the same meanings as in section 3517.1011 of the Revised Code. (13) “Public official or employee” has the same meaning as in section 102.01 of the Revised (7) “Personal expenses” includes, but is not limited Code. to, ordinary expenses for accommodations, clothing, food, personal motor vehicle or (14) “Caucus” means all of the members of the airplane, and home telephone. house of representatives or all of the members of the senate of the general assembly who are (8) “Political action committee” means a members of the same political party. combination of two or more persons, the primary or major purpose of which is to (15) “Legislative campaign fund” means a fund that support or oppose any candidate, political is established as an auxiliary of a state political party, or issue, or to influence the result of any party and associated with one of the houses of election through express advocacy, and that is the general assembly.

B-10 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws

(16) “In-kind contribution” means anything of (d) “Made in coordination, cooperation, or value other than money that is used to influence consultation with, or at the request or the results of an election or is transferred to suggestion of, any candidate or the campaign or used in support of or in opposition to a committee or agent of the candidate” candidate, campaign committee, legislative means made pursuant to any arrangement, campaign fund, political party, political coordination, or direction by the candidate, action committee, or political contributing the candidate’s campaign committee, or the entity and that is made with the consent of, in candidate’s agent prior to the publication, coordination, cooperation, or consultation with, distribution, display, or broadcast of the or at the request or suggestion of the benefited communication. An expenditure is presumed candidate, committee, fund, party, or entity. The to be so made when it is any of the following: financing of the dissemination, distribution, or republication, in whole or part, of any broadcast (i) Based on information about the or of any written, graphic, or other form of candidate’s plans, projects, or needs campaign materials prepared by the candidate, provided to the person making the the candidate’s campaign committee, or their expenditure by the candidate, or by authorized agents is an in-kind contribution the candidate’s campaign committee to the candidate and an expenditure by the or agent, with a view toward having an candidate. expenditure made;

(17) “Independent expenditure” means an (ii) Made by or through any person who is, or expenditure by a person advocating the has been, authorized to raise or expend election or defeat of an identified candidate or funds, who is, or has been, an officer of candidates, that is not made with the consent the candidate’s campaign committee, or of, in coordination, cooperation, or consultation who is, or has been, receiving any form of with, or at the request or suggestion of any compensation or reimbursement from the candidate or candidates or of the campaign candidate or the candidate’s campaign committee or agent of the candidate or committee or agent; candidates. As used in division (B)(17) of this section: (iii) Except as otherwise provided in division (D) of section 3517.105 of the Revised (a) “Person” means an individual, partnership, Code, made by a political party in support unincorporated business organization or of a candidate, unless the expenditure is association, political action committee, made by a political party to conduct voter political contributing entity, separate registration or voter education efforts. segregated fund, association, or other organization or group of persons, but not a (e) “Agent” means any person who has actual labor organization or a corporation unless oral or written authority, either express or the labor organization or corporation is a implied, to make or to authorize the making political contributing entity. of expenditures on behalf of a candidate, or means any person who has been placed (b) “Advocating” means any communication in a position with the candidate’s campaign containing a message advocating election or committee or organization such that it would defeat. reasonably appear that in the ordinary course of campaign-related activities the person may (c) “Identified candidate” means that the name authorize expenditures. of the candidate appears, a photograph or drawing of the candidate appears, or (18) “Labor organization” means a labor union; the identity of the candidate is otherwise an employee organization; a federation of apparent by unambiguous reference. labor unions, groups, locals, or other employee organizations; an auxiliary of a labor union,

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employee organization, or federation of labor 3517.08 Matters not considered unions, groups, locals, or other employee contribution or expenditure organizations; or any other bona fide organization in which employees participate (A) The personal expenses of a candidate paid for and that exists for the purpose, in whole or in by the candidate, from the candidate’s personal part, of dealing with employers concerning funds, shall not be considered as a contribution by grievances, labor disputes, wages, hours, and or an expenditure by the candidate and shall not be other terms and conditions of employment. reported under section 3517.10 of the Revised Code.

(19) “Separate segregated fund” means a separate (B)(1) An expenditure by a political action committee segregated fund established pursuant to the or a political contributing entity shall not be Federal Election Campaign Act. considered a contribution by the political action committee or the political contributing (20) “Federal Election Campaign Act” means the entity or an expenditure by or on behalf of the “Federal Election Campaign Act of 1971,” 86 candidate if the purpose of the expenditure is Stat. 11, 2 U.S.C.A. 431, et seq., as amended. to inform only its members by means of mailed publications of its activities or endorsements. (21) “Restricted fund” means the fund a state or county political party must establish under (2) An expenditure by a political party shall not division (A)(1) of section 3517.1012 of the be considered a contribution by the political Revised Code. party or an expenditure by or on behalf of the candidate if the purpose of the expenditure is (22) “Electioneering communication” has the same to inform predominantly the party’s members meaning as in section 3517.1011 of the Revised by means of mailed publications or other direct Code. communication of its activities or endorsements, (23) “Express advocacy” means a communication or for voter contact such as sample ballots, that contains express words advocating the absent voter’s ballots application mailings, voter nomination, election, or defeat of a candidate registration, or get-out-the-vote activities. or that contains express words advocating the (C) An expenditure by a continuing association, adoption or defeat of a question or issue, as political contributing entity, or political party shall determined by a final judgment of a court of not be considered a contribution to any campaign competent jurisdiction. committee or an expenditure by or on behalf of (24) “Political committee” has the same meaning as any campaign committee if the purpose of the in section 3517.1011 of the Revised Code. expenditure is for the staff and maintenance of the continuing association’s, political contributing (25) “Political contributing entity” means any entity, entity’s, or political party’s headquarters, or for including a corporation or labor organization, a political poll, survey, index, or other type of that may lawfully make contributions and measurement not on behalf of a specific candidate. expenditures and that is not an individual or a political action committee, continuing (D) The expenses of maintaining a constituent office association, campaign committee, political paid for, from the candidate’s personal funds, by a party, legislative campaign fund, designated candidate who is a member of the general assembly state campaign committee, or state candidate at the time of the election shall not be considered a fund. For purposes of this division, “lawfully” contribution by or an expenditure by or on behalf means not prohibited by any section of the of the candidate, and shall not be reported, if the Revised Code, or authorized by a final judgment constituent office is not used for any candidate’s of a court of competent jurisdiction. campaign activities. (E) The net contribution of each social or fund- raising activity shall be calculated by totaling all

B-12 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws contributions to the activity minus the expenditures Each candidate shall file a written statement, as made for the activity. required by division (D) of section 3517.10 of the Revised Code, setting forth the full name and address (F) An expenditure that purchases goods or of the campaign treasurer and also of each deputy services shall be attributed to an election when the treasurer. Each candidate shall file supplemental disbursement of funds is made, rather than at the time statements giving the full name and address of each the goods or services are used. The secretary of state, deputy treasurer at the time of appointment. under the procedures of Chapter 119. of the Revised Code, shall establish rules for the attribution of A candidate may remove the campaign treasurer or expenditures to a candidate when the candidate is a any deputy campaign treasurer at any time. In the candidate for more than one office during a reporting case of death, resignation, or removal of the treasurer period and for expenditures made in a year in which or deputy treasurer before compliance with all no election is held. The secretary of state shall further obligations of a campaign treasurer, the candidate define by rule those expenditures that are or are not shall fill the vacancy thus created in the same manner by or on behalf of a candidate. as provided in the case of an original appointment.

(G) An expenditure for the purpose of a charitable (B)(1) Two or more candidates may be the donation may be made if it is made to an organization beneficiaries of a single campaign committee if that is exempt from federal income taxation under all of the following apply: subsection 501(a) and described in subsection 501(c) (3), 501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of (a) Each candidate is seeking nomination or the Internal Revenue Code or is approved by advisory election to the same office at the same opinion of the Ohio elections commission as a election. legitimate charitable organization. Each expenditure under this division shall be separately itemized on (b) The office for which each candidate is statements made pursuant to section 3517.10 of the seeking nomination or election is the office Revised Code. of member of a board, commission, or other similar body of elected officials to which 3517.081 Campaign committee; designation multiple members are nominated or elected at the same election. of treasurer; filing statements; beneficiaries (c) The number of candidates who will be the (A) Each candidate shall have no more than one beneficiaries of the campaign committee campaign committee for purposes of receiving does not exceed the number of open contributions and making expenditures. No campaign positions on the board, commission, or other committee shall receive any contribution or make similar body of elected officials to which any expenditure other than through the campaign the candidates are seeking nomination or treasurer. The campaign treasurer shall file all election. statements required of a candidate or campaign committee under section 3517.10 of the Revised (d) The candidates jointly designate one of the Code. candidates or one member of the campaign committee as the treasurer of that campaign The candidate shall designate the candidate or a committee as required under division (A) of member of the candidate’s campaign committee this section. as the candidate’s campaign treasurer as required by division (D) of section 3517. 10 of the Revised (e) The candidates jointly file the written Code. The campaign treasurer may appoint deputy statements required under division (A) of this campaign treasurers as required. Deputy campaign section. treasurers may exercise any of the powers and duties of a campaign treasurer when specifically authorized (2) Except as otherwise provided in this division, to do so by the campaign treasurer or the candidate. any penalty that may be imposed on a

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candidate under section 3517.992 of the that campaign committee that have not been Revised Code for a violation of this chapter expended shall be disposed of in the manner shall be imposed jointly and severally on each provided in division (C) of section 3517.109 of beneficiary of a multi-beneficiary campaign the Revised Code. No contributions from the committee. If the Ohio elections commission or candidate’s individual campaign committee the appropriate prosecutor is able to determine shall be contributed or transferred into the that a specific beneficiary of a multi-beneficiary multi-beneficiary campaign committee. campaign committee violated this chapter, the applicable penalty under section 3517.992 of 3517.082 Corporation or labor organization the Revised Code shall be imposed only on that establishing political action committee or candidate and not on the other beneficiaries of campaign fund; employee contributions that multi-beneficiary campaign committee. (A) Any corporation, any nonprofit corporation, or (3)(a) If any of the following occur after a multi- any labor organization may establish, administer, and beneficiary campaign committee is established, solicit contributions from the persons listed in division that campaign committee shall be terminated: (B) of this section, to either or both of the following: (i) The beneficiaries of the campaign committee (1) A political action committee of the corporation disagree as to the designation or removal of a or labor organization with respect to state and campaign treasurer. local elections; (ii) Any beneficiary of the campaign committee (2) A separate segregated fund pursuant to the desires to end the beneficiary’s candidacy Federal Election Campaign Act. for the office for which the beneficiaries are seeking nomination or election. (B)(1) A corporation and a nonprofit corporation may solicit contributions from its stockholders, (iii) Any beneficiary of the campaign committee officers, directors, trustees that are not desires to form an individual campaign corporations or labor organizations, and committee. employees. (b) Prior to the termination of a multi-beneficiary (2) A nonprofit corporation also may solicit campaign committee in accordance contributions from: with division (B)(3)(a) of this section, any contributions received by that campaign (a) Its members that are not corporations or committee that have not been expended labor organizations; shall be disposed of in the manner provided in division (C) of section 3517.109 of the (b) Officers, directors, trustees that are not Revised Code. No contributions from the corporations or labor organizations, and multi-beneficiary campaign committee employees of any members of the nonprofit shall be contributed or transferred into any corporation. candidate’s individual campaign committee. (3) A labor organization may solicit contributions (4) No candidate who has a campaign committee from its members, officers, and employees. for which that candidate is the sole beneficiary shall become the beneficiary of a campaign (C) A corporation, nonprofit corporation, or labor committee with multiple beneficiaries under organization shall report to a political action division (B)(1) of this section unless the committee, or to a separate segregated fund with candidate first terminates the candidate’s respect to state and local elections, the following individual campaign committee. Prior to costs expended by the corporation, nonprofit the termination of that individual campaign corporation, or labor organization that are associated committee, any contributions received by with establishing, administering, and soliciting

B-14 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws contributions to the political action committee or (B) of this section from whom the corporation, separate segregated fund pursuant to division (A) of nonprofit corporation, or labor organization was this section: not obtaining contributions for that political action committee or separate segregated fund before the (1) Mailing and printing expenses for direct effective date of this amendment on an automatic solicitation of contributions pursuant to this basis pursuant to a payroll deduction plan only if the section; individual who is contributing to that political action

(2) The portion of an employee’s salary or wages committee or separate segregated fund affirmatively attributable to time the employee spends in consents to the contribution in writing. activities related to establishing, administering, and soliciting contributions to a political action (E) In addition to the laws listed in division (A) of committee or separate segregated fund, if that section 4117.10 of the Revised Code that prevail time exceeds during a reporting period fifty over conflicting agreements between employee per cent of the time for which the employee organizations and public employers, this section is compensated by the corporation, nonprofit prevails over any conflicting provisions of agreements corporation, or labor organization; between labor organizations and public employers that are entered into on or after the effective date of (3) The cost associated with the purchase, lease, this amendment pursuant to Chapter 4117. of the operation, and use of equipment for activities Revised Code. related to establishing, administering, and soliciting contributions to a political action 3517.09 Solicitations forbidden committee or separate segregated fund if during a reporting period more than fifty per cent of the (A) No person or committee shall solicit, ask, use of the equipment is for those activities; invite, or demand, directly or indirectly, orally or in writing, a contribution, subscription, or payment (4) Professional fees paid by the corporation, from a candidate for nomination or election or nonprofit corporation, or labor organization from the campaign committee of that candidate, for establishing, administering, and soliciting and no person shall solicit, ask, invite, or demand contributions to a political action committee or that a candidate for nomination or election or the separate segregated fund. campaign committee of that candidate subscribe to the support of a club or organization, buy tickets to The political action committee shall itemize the an entertainment, ball, supper, or other meeting, or amounts and purposes of those costs expended pay for space in a book, program, or publication. This by the corporation, nonprofit corporation, division does not apply to any of the following: or labor organization and file them as part of the statement required of political action (1) Regular advertisements in periodicals having an committees under division (A) of section established circulation; 3517.10 of the Revised Code. The separate segregated fund with respect to state and local (2) Regular payments to civic, political, fraternal, elections shall file with the secretary of state a social, charitable, or religious organizations copy of the portion of each report and statement of which the candidate was a member or required under the Federal Election Campaign contributor six months before the candidate’s Act that applies to state and local elections at candidacy; the same time that the entire original report is filed in accordance with that act. (3) Regular party assessments made by a party against its own candidates. (D) A corporation, nonprofit corporation, or labor organization may obtain contributions for a political (B) No person shall coerce, intimidate, or cause action committee or a separate segregated fund under harm to another person by an act or failure to act, or this section from an individual described in division shall threaten to coerce, intimidate, or cause harm

Ohio Secretary of State’s Office B-15 Ohio Campaign Finance Handbook to another person, because that other person makes of governor, lieutenant governor, secretary or does not make a contribution to a candidate, of state, auditor of state, treasurer of state, campaign committee, political party, legislative attorney general, member of the state board of campaign fund, political action committee, political education, member of the general assembly, and contributing entity, or person making disbursements justice and chief justice of the supreme court. to pay the direct costs of producing or airing electioneering communications. (4) “Contribution” includes a contribution to any political party, campaign committee, political (C) An employer or labor organization, directly or action committee, political contributing entity, through another person, may obtain contributions for or legislative campaign fund. a candidate, campaign committee, political action committee, legislative campaign fund, political (B)(1) No state elected officer, no campaign party, or person making disbursements to pay the committee of such an officer, no employee direct costs of producing or airing electioneering of the state elected officer’s office, and no communications from an employee or member from other person or entity shall knowingly solicit a whom the employer or labor organization was not contribution to a state elected officer or to such obtaining contributions for that candidate, campaign an officer’s campaign committee, and no state committee, political action committee, legislative elected officer and no campaign committee of campaign fund, political party, or person making such an officer shall accept a contribution, from disbursements to pay the direct costs of producing or any of the following: airing electioneering communications before March 31, 2005, on an automatic basis pursuant to a payroll (a) A state employee whose appointing authority deduction plan only if the employee or member is the state elected officer; who is contributing to that candidate, campaign (b) A state employee whose appointing authority committee, political action committee, legislative is authorized or required by law to be campaign fund, political party, or person making appointed by the state elected officer; disbursements to pay the direct costs of producing or airing electioneering communications affirmatively (c) A state employee who functions in or is consents to the contribution in writing. employed in or by the same public agency, department, division, or office as the state (D) In addition to the laws listed in division (A) of elected officer. section 4117.10 of the Revised Code that prevail over conflicting agreements between employee (2) No candidate for a state elective office, no organizations and public employers, this section campaign committee of such a candidate, prevails over any conflicting provisions of agreements no employee of the candidate’s office if the between labor organizations and public employers candidate is a state elected officer or an elected that are entered into on or after March 31, 2005, officer of a political subdivision of the state, pursuant to Chapter 4117. of the Revised Code. and no other person or entity shall knowingly solicit a contribution to a candidate for a state 3517.092 Solicitations from public elective office or to such a candidate’s campaign employees committee, and no candidate for a state elective office and no campaign committee of such a (A) As used in this section: candidate shall accept a contribution, from any of the following: (1) “Appointing authority” has the same meaning as in section 124.01 of the Revised Code. (a) A state employee at the time of the solicitation, whose appointing authority will be the (2) “State elected officer” means any person candidate, if elected; appointed or elected to a state elective office. (b) A state employee at the time of the solicitation, (3) “State elective office” means any of the offices

B-16 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws

whose appointing authority will be appointed (c) An employee of that political subdivision at by the candidate, if elected, as authorized or the time of the solicitation, who will function required by law; in or be employed in or by the same public agency, department, division, or office as the (c) A state employee at the time of the solicitation, candidate, if elected. who will function in or be employed in or by the same public agency, department, division, (D)(1) No public employee shall solicit a contribution or office as the candidate, if elected. from any person while the public employee is performing the public employee’s official duties (C)(1) No elected officer of a political subdivision of or in those areas of a public building where the state, no campaign committee of such an official business is transacted or conducted. officer, no employee of such an officer’s office, and no other person or entity shall knowingly (2) No person shall solicit a contribution from any solicit a contribution to an elected officer of a public employee while the public employee is political subdivision of the state or to such an performing the public employee’s official duties officer’s campaign committee from any of the or is in those areas of a public building where following: official business is transacted or conducted.

(a) An employee of that political subdivision (3) As used in division (D) of this section, “public whose appointing authority is that elected employee” does not include any person holding officer; an elective office.

(b) An employee of that political subdivision (E) The prohibitions in divisions (B), (C), and (D) whose appointing authority is authorized of this section are in addition to the prohibitions or required by law to be appointed by that in sections 124.57, 3304.22, and 4503.032 of the elected officer; Revised Code.

(c) An employee of that political subdivision 3517.10 Times for filing statement of who functions in or is employed in or by the contributions and expenditures; contents; same public agency, department, division, or office as that elected officer. appointment of treasurer

(2) No candidate for an elective office of a (A) Except as otherwise provided in this division, political subdivision of the state, no campaign every campaign committee, political action committee of such a candidate, no employee of committee, legislative campaign fund, political party, the candidate’s office if the candidate is a state and political contributing entity that made or received elected officer or elected officer of a political a contribution or made an expenditure in connection subdivision of the state, and no other person or with the nomination or election of any candidate or entity shall knowingly solicit a contribution to in connection with any ballot issue or question at any a candidate for an elective office of a political election held or to be held in this state shall file, on subdivision of the state or to such a candidate’s a form prescribed under this section or by electronic campaign committee from any of the following: means of transmission as provided in this section and section 3517.106 of the Revised Code, a full, (a) An employee of that political subdivision at true, and itemized statement, made under penalty the time of the solicitation, whose appointing of election falsification, setting forth in detail the authority will be the candidate, if elected; contributions and expenditures, not later than four p.m. of the following dates: (b) An employee of that political subdivision at the time of the solicitation, whose appointing (1) The twelfth day before the election to reflect authority will be appointed by the candidate, contributions received and expenditures made if elected, as authorized or required by law; from the close of business on the last day reflected in the last previously filed statement,

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if any, to the close of business on the twentieth required by division (A)(2) of this section for day before the election; the earlier election if the pregeneral election statement reflects the status of contributions and (2) The thirty-eighth day after the election to reflect expenditures for the period twenty days before the contributions received and expenditures the earlier election to twenty days before the made from the close of business on the last day general election. reflected in the last previously filed statement, if any, to the close of business on the seventh day If a person becomes a candidate less than before the filing of the statement; twenty days before an election, the candidate’s campaign committee is not required to file the (3) The last business day of January of every statement required by division (A)(1) of this year to reflect the contributions received and section. expenditures made from the close of business on the last day reflected in the last previously No statement under division (A)(3) of this filed statement, if any, to the close of business section shall be required for any year in on the last day of December of the previous which a campaign committee, political action year; committee, legislative campaign fund, political party, or political contributing entity is required (4) The last business day of July of every year to file a postgeneral election statement under to reflect the contributions received and division (A)(2) of this section. However, a expenditures made from the close of business statement under division (A)(3) of this section on the last day reflected in the last previously may be filed, at the option of the campaign filed statement, if any, to the close of business committee, political action committee, on the last day of June of that year. legislative campaign fund, political party, or political contributing entity. A campaign committee shall only be required to file the statements prescribed under divisions No campaign committee of a candidate for (A)(1) and (2) of this section in connection with the office of chief justice or justice of the the nomination or election of the committee’s supreme court, and no campaign committee of candidate. a candidate for the office of judge of any court in this state, shall be required to file a statement The statement required under division (A) under division (A)(4) of this section. (1) of this section shall not be required of any campaign committee, political action Except as otherwise provided in this paragraph committee, legislative campaign fund, political and in the next paragraph of this section, the party, or political contributing entity that has only campaign committees required to file a received contributions of less than one thousand statement under division (A)(4) of this section dollars and has made expenditures of less than are the campaign committee of a statewide one thousand dollars at the close of business candidate and the campaign committee of on the twentieth day before the election. Those a candidate for county office. The campaign contributions and expenditures shall be reported committee of a candidate for any other in the statement required under division (A)(2) nonjudicial office is required to file a statement of this section. under division (A)(4) of this section if that campaign committee receives, during that If an election to select candidates to appear period, contributions exceeding ten thousand on the general election ballot is held within dollars. sixty days before a general election, the campaign committee of a successful candidate No statement under division (A)(4) of this in the earlier election may file the statement section shall be required of a campaign required by division (A)(1) of this section for committee, a political action committee, a the general election instead of the statement legislative campaign fund, a political party,

B-18 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws

or a political contributing entity for any year during that period to equal or exceed ten in which the campaign committee, political thousand dollars and each time the campaign action committee, legislative campaign fund, committee of a candidate for the office of chief political party, or political contributing entity is justice or justice of the supreme court receives a required to file a postprimary election statement contribution from a contributor that causes the under division (A)(2) of this section. However, aggregate amount of contributions received from a statement under division (A)(4) of this section that contributor during that period to exceed may be filed at the option of the campaign ten thousand dollars, the campaign committee committee, political action committee, shall file a two-business-day statement reflecting legislative campaign fund, political party, or that contribution. During the period beginning political contributing entity. on the nineteenth day before a primary election in which a candidate for statewide office seeks No statement under division (A)(3) or (4) of nomination to office and extending through this section shall be required if the campaign the day of that primary election, each time committee, political action committee, either the campaign committee of a statewide legislative campaign fund, political party, or candidate in that primary election that files political contributing entity has no contributions a notice under division (C)(1) of section that it has received and no expenditures that 3517.103 of the Revised Code or the campaign it has made since the last date reflected in committee of a statewide candidate in that its last previously filed statement. However, primary election to which, in accordance with the campaign committee, political action division (D) of section 3517.103 of the Revised committee, legislative campaign fund, political Code, the contribution limitations prescribed party, or political contributing entity shall file in section 3517.102 of the Revised Code no a statement to that effect, on a form prescribed longer apply receives a contribution from a under this section and made under penalty contributor that causes the aggregate amount of election falsification, on the date required of contributions received from that contributor in division (A)(3) or (4) of this section, as during that period to exceed ten thousand applicable. dollars, the campaign committee shall file a two-business-day statement reflecting that The campaign committee of a statewide contribution. Contributions reported on a two- candidate shall file a monthly statement of business-day statement required to be filed by a contributions received during each of the campaign committee of a statewide candidate months of July, August, and September in in a primary election shall also be included in the year of the general election in which the the postprimary election statement required candidate seeks office. The campaign committee to be filed by that campaign committee under of a statewide candidate shall file the monthly division (A)(2) of this section. A two-business- statement not later than three business days day statement required by this paragraph shall after the last day of the month covered by the be filed not later than two business days after statement. During the period beginning on the receipt of the contribution. The statements nineteenth day before the general election in required by this paragraph shall be filed in which a statewide candidate seeks election addition to any other statements required by this to office and extending through the day of section. that general election, each time the campaign committee of the joint candidates for the Subject to the secretary of state having offices of governor and lieutenant governor implemented, tested, and verified the successful or of a candidate for the office of secretary operation of any system the secretary of state of state, auditor of state, treasurer of state, or prescribes pursuant to divisions (C)(6)(b) and attorney general receives a contribution from a (D)(6) of this section and division (H)(1) of contributor that causes the aggregate amount section 3517.106 of the Revised Code for of contributions received from that contributor the filing of campaign finance statements by

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electronic means of transmission, a campaign legislative campaign fund, political action committee of a statewide candidate shall file a committee, or political contributing entity two-business-day statement under the preceding from whom contributions are received and paragraph by electronic means of transmission the registration number assigned to the if the campaign committee is required to file a political action committee under division pre-election, postelection, or monthly statement (D)(1) of this section. The requirement of of contributions and expenditures by electronic filing the full address does not apply to any means of transmission under this section or statement filed by a state or local committee section 3517.106 of the Revised Code. of a political party, to a finance committee of such committee, or to a committee If a campaign committee or political action recognized by a state or local committee as committee has no balance on hand and no its fund-raising auxiliary. Notwithstanding outstanding obligations and desires to terminate division (F) of this section, the requirement itself, it shall file a statement to that effect, on of filing the full address shall be considered a form prescribed under this section and made as being met if the address filed is the same under penalty of election falsification, with the address the contributor provided under official with whom it files a statement under division (E)(1) of this section. division (A) of this section after filing a final statement of contributions and a final statement (ii) If a political action committee, political of expenditures, if contributions have been contributing entity, legislative campaign received or expenditures made since the period fund, or political party that is required reflected in its last previously filed statement. to file campaign finance statements by electronic means of transmission under (B) Except as otherwise provided in division (C)(7) of section 3517.106 of the Revised Code this section, each statement required by division (A) or a campaign committee of a statewide of this section shall contain the following information: candidate or candidate for the office of member of the general assembly receives (1) The full name and address of each campaign a contribution from an individual that committee, political action committee, exceeds one hundred dollars, the name of legislative campaign fund, political party, or the individual’s current employer, if any, political contributing entity, including any or, if the individual is self-employed, the treasurer of the committee, fund, party, or entity, individual’s occupation and the name of filing a contribution and expenditure statement; the individual’s business, if any;

(2)(a) In the case of a campaign committee, the (iii) If a campaign committee of a statewide candidate’s full name and address; candidate or candidate for the office of member of the general assembly receives (b) In the case of a political action committee, a contribution transmitted pursuant to the registration number assigned to the section 3599.031 of the Revised Code committee under division (D)(1) of this from amounts deducted from the wages section. and salaries of two or more employees (3) The date of the election and whether it was or that exceeds in the aggregate one hundred will be a general, primary, or special election; dollars during any one filing period under division (A)(1), (2), (3), or (4) of this (4) A statement of contributions received, which section, the full name of the employees’ shall include the following information: employer and the full name of the labor organization of which the employees are (a) The month, day, and year of the contribution; members, if any.

(b)(i) The full name and address of each person, (c) A description of the contribution received, if political party, campaign committee, other than money;

B-20 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws

(d) The value in dollars and cents of the As used in this paragraph, “other income” contribution; means a loan, investment income, or interest income. (e) A separately itemized account of all contributions and expenditures regardless (f) In the case of a campaign committee of of the amount, except a receipt of a a state elected officer, if a person doing contribution from a person in the sum of business with the state elected officer twenty-five dollars or less at one social in the officer’s official capacity makes a or fund-raising activity and a receipt of a contribution to the campaign committee of contribution transmitted pursuant to section that officer, the information required under 3599.031 of the Revised Code from amounts division (B)(4) of this section in regard to that deducted from the wages and salaries of contribution, which shall be filed together employees if the contribution from the with and considered a part of the committee’s amount deducted from the wages and salary statement of contributions as required under of any one employee is twenty-five dollars division (A) of this section but shall be filed or less aggregated in a calendar year. An on a separate form provided by the secretary account of the total contributions from each of state. As used in this division: social or fund-raising activity shall include a description of and the value of each in- (i) “State elected officer” has the same kind contribution received at that activity meaning as in section 3517.092 of the from any person who made one or more Revised Code. such contributions whose aggregate value exceeded two hundred fifty dollars and (ii) “Person doing business” means a person shall be listed separately, together with the or an officer of an entity who enters into expenses incurred and paid in connection one or more contracts with a state elected with that activity. A campaign committee, officer or anyone authorized to enter political action committee, legislative into contracts on behalf of that officer to campaign fund, political party, or political receive payments for goods or services, contributing entity shall keep records of if the payments total, in the aggregate, contributions from each person in the amount more than five thousand dollars during a of twenty-five dollars or less at one social or calendar year. fund-raising activity and contributions from (5) A statement of expenditures which shall include amounts deducted under section 3599.031 of the following information: the Revised Code from the wages and salary of each employee in the amount of twenty- (a) The month, day, and year of the expenditure; five dollars or less aggregated in a calendar year. No continuing association that is (b) The full name and address of each person, recognized by a state or local committee of a political party, campaign committee, political party as an auxiliary of the party and legislative campaign fund, political action that makes a contribution from funds derived committee, or political contributing entity solely from regular dues paid by members to whom the expenditure was made and the of the auxiliary shall be required to list the registration number assigned to the political name or address of any members who paid action committee under division (D)(1) of this those dues. section;

Contributions that are other income shall (c) The object or purpose for which the be itemized separately from all other expenditure was made; contributions. The information required under division (B)(4) of this section shall (d) The amount of each expenditure. be provided for all other income itemized.

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(C)(1) The statement of contributions and expenditures for the purpose of bringing about the person’s shall be signed by the person completing nomination or election to public office, shall the form. If a statement of contributions and file the statement or statements prescribed by expenditures is filed by electronic means of this section and a termination statement, if transmission pursuant to this section or section applicable. Division (C)(5) of this section does 3517.106 of the Revised Code, the electronic not apply to any person with respect to an signature of the person who executes the election to the offices of member of a county or statement and transmits the statement by state central committee, presidential elector, or electronic means of transmission, as provided in delegate to a national convention or conference division (H) of section 3517.106 of the Revised of a political party. Code, shall be attached to or associated with the statement and shall be binding on all persons (6)(a) The statements required to be filed under this and for all purposes under the campaign finance section shall specify the balance in the hands reporting law as if the signature had been of the campaign committee, political action handwritten in ink on a printed form. committee, legislative campaign fund, political party, or political contributing entity and the (2) The person filing the statement, under penalty disposition intended to be made of that balance. of election falsification, shall include with it a list of each anonymous contribution, the (b) The secretary of state shall prescribe the form circumstances under which it was received, and for all statements required to be filed under the reason it cannot be attributed to a specific this section and shall furnish the forms to the donor. boards of elections in the several counties. The boards of elections shall supply printed (3) Each statement of a campaign committee of a copies of those forms without charge. candidate who holds public office shall contain The secretary of state shall prescribe the a designation of each contributor who is an appropriate methodology, protocol, and employee in any unit or department under the data file structure for statements required or candidate’s direct supervision and control. In permitted to be filed by electronic means a space provided in the statement, the person of transmission under division (A) of this filing the statement shall affirm that each such section, divisions (E), (F), and (G) of section contribution was voluntarily made. 3517.106, division (D) of section 3517.1011, division (B) of section 3517.1012, division (4) A campaign committee that did not receive (C) of section 3517.1013, and divisions contributions or make expenditures in (D) and (I) of section 3517.1014 of the connection with the nomination or election of Revised Code. Subject to division (A) of this its candidate shall file a statement to that effect, section, divisions (E), (F), and (G) of section on a form prescribed under this section and 3517.106, division (D) of section 3517.1011, made under penalty of election falsification, division (B) of section 3517.1012, division on the date required in division (A)(2) of this (C) of section 3517.1013, and divisions (D) section. and (I) of section 3517.1014 of the Revised Code, the statements required to be stored (5) The campaign committee of any person who on computer by the secretary of state under attempts to become a candidate and who, division (B) of section 3517.106 of the for any reason, does not become certified in Revised Code shall be filed in whatever accordance with Title XXXV of the Revised Code format the secretary of state considers for placement on the official ballot of a primary, necessary to enable the secretary of state general, or special election to be held in this to store the information contained in the state, and who, at any time prior to or after statements on computer. Any such format an election, receives contributions or makes shall be of a type and nature that is readily expenditures, or has given consent for another available to whoever is required to file the to receive contributions or make expenditures,

B-22 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws

statements in that format. party, or political contributing entity. That designation shall be filed with the official with (c) The secretary of state shall assess the need whom the campaign committee, political action for training regarding the filing of campaign committee, legislative campaign fund, political finance statements by electronic means party, or political contributing entity is required of transmission and regarding associated to file statements under section 3517.11 of technologies for candidates, campaign the Revised Code. The name of a campaign committees, political action committees, committee shall include at least the last name legislative campaign funds, political of the campaign committee’s candidate. If two parties, or political contributing entities, for or more candidates are the beneficiaries of a individuals, partnerships, or other entities, single campaign committee under division (B) for persons making disbursements to pay of section 3517.081 of the Revised Code, the the direct costs of producing or airing name of the campaign committee shall include electioneering communications, or for at least the last name of each candidate who treasurers of transition funds, required or is a beneficiary of that campaign committee. permitted to file statements by electronic The secretary of state shall assign a registration means of transmission under this section or number to each political action committee section 3517.105, 3517.106, 3517.1011, that files a designation of the appointment of 3517.1012, 3517.1013, or 3517.1014 a treasurer under this division if the political of the Revised Code. If, in the opinion action committee is required by division (A)(1) of the secretary of state, training in these of section 3517.11 of the Revised Code to file areas is necessary, the secretary of state the statements prescribed by this section with shall arrange for the provision of voluntary the secretary of state. training programs for candidates, campaign committees, political action committees, (2) The treasurer appointed under division (D)(1) legislative campaign funds, political of this section shall keep a strict account of all parties, or political contributing entities, for contributions, from whom received and the individuals, partnerships, and other entities, purpose for which they were disbursed. or for persons making disbursements to pay the direct costs of producing or airing (3)(a) Except as otherwise provided in section electioneering communications, or for 3517.108 of the Revised Code, a campaign treasurers of transition funds, as appropriate. committee shall deposit all monetary contributions received by the committee (7) Each monthly statement and each two- into an account separate from a personal or business-day statement required by division business account of the candidate or campaign (A) of this section shall contain the information committee. required by divisions (B)(1) to (4), (C)(2), and, if appropriate, (C)(3) of this section. Each (b) A political action committee shall deposit statement shall be signed as required by division all monetary contributions received by the (C)(1) of this section. committee into an account separate from all other funds. (D)(1) Prior to receiving a contribution or making an expenditure, every campaign committee, (c) A state or county political party may establish political action committee, legislative campaign a state candidate fund that is separate from fund, political party, or political contributing an account that contains the public moneys entity shall appoint a treasurer and shall file, received from the Ohio political party fund on a form prescribed by the secretary of state, under section 3517.17 of the Revised Code a designation of that appointment, including and from all other funds. A state or county the full name and address of the treasurer and political party may deposit into its state of the campaign committee, political action candidate fund any amounts of monetary committee, legislative campaign fund, political contributions that are made to or accepted by

Ohio Secretary of State’s Office B-23 Ohio Campaign Finance Handbook

the political party subject to the applicable (6) The secretary of state, by rule adopted pursuant limitations, if any, prescribed in section to section 3517.23 of the Revised Code, shall 3517.102 of the Revised Code. A state or prescribe both of the following: county political party shall deposit all other monetary contributions received by the party (a) The manner of immediately acknowledging, into one or more accounts that are separate with date and time received, and preserving from its state candidate fund and from its the receipt of statements that are transmitted account that contains the public moneys by electronic means of transmission to the received from the Ohio political party fund secretary of state pursuant to this section or under section 3517.17 of the Revised Code. section 3517.106, 3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised (d) Each state political party shall have only one Code; legislative campaign fund for each house of the general assembly. Each such fund shall be (b) The manner of preserving the contribution separate from any other funds or accounts of and expenditure, contribution and that state party. A legislative campaign fund disbursement, deposit and disbursement, is authorized to receive contributions and gift and disbursement, or donation and make expenditures for the primary purpose disbursement information in the statements of furthering the election of candidates who described in division (D)(6)(a) of this section. are members of that political party to the The secretary of state shall preserve the house of the general assembly with which contribution and expenditure, contribution that legislative campaign fund is associated. and disbursement, deposit and disbursement, Each legislative campaign fund shall be gift and disbursement, or donation and administered and controlled in a manner disbursement information in those statements designated by the caucus. As used in this for at least ten years after the year in which division, “caucus” has the same meaning they are filed by electronic means of as in section 3517.01 of the Revised Code transmission. and includes, as an ex officio member, the chairperson of the state political party (7) The secretary of state, pursuant to division (I) with which the caucus is associated or that of section 3517.106 of the Revised Code, shall chairperson’s designee. make available online to the public through the internet the contribution and expenditure, (4) Every expenditure in excess of twenty-five contribution and disbursement, deposit and dollars shall be vouched for by a receipted bill, disbursement, gift and disbursement, or stating the purpose of the expenditure, that shall donation and disbursement information in all be filed with the statement of expenditures. A statements, all addenda, amendments, or other canceled check with a notation of the purpose corrections to statements, and all amended of the expenditure is a receipted bill for statements filed with the secretary of state purposes of division (D)(4) of this section. by electronic or other means of transmission under this section, division (B)(2)(b) or (C)(2) (5) The secretary of state or the board of elections, (b) of section 3517.105, or section 3517.106, as the case may be, shall issue a receipt for 3517.1011, 3517.1012, 3517.1013, 3517.1014, each statement filed under this section and shall or 3517.11 of the Revised Code. The secretary preserve a copy of the receipt for a period of at of state may remove the information from the least six years. All statements filed under this internet after a reasonable period of time. section shall be open to public inspection in the office where they are filed and shall be carefully (E)(1) Any person, political party, campaign preserved for a period of at least six years after committee, legislative campaign fund, political the year in which they are filed. action committee, or political contributing entity that makes a contribution in connection with the nomination or election of any

B-24 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws

candidate or in connection with any ballot issue (F) As used in this section: or question at any election held or to be held in this state shall provide its full name and address (1)(a) Except as otherwise provided in division (F) to the recipient of the contribution at the time (1) of this section, “address” means all of the the contribution is made. The political action following if they exist: apartment number, street, committee also shall provide the registration road, or highway name and number, rural number assigned to the committee under delivery route number, city or village, state, division (D)(1) of this section to the recipient of and zip code as used in a person’s post-office the contribution at the time the contribution is address, but not post-office box. made. (b) Except as otherwise provided in division (F)(1) (2) Any individual who makes a contribution that of this section, if an address is required in this exceeds one hundred dollars to a political section, a post-office box and office, room, or action committee, political contributing entity, suite number may be included in addition to, legislative campaign fund, or political party but not in lieu of, an apartment, street, road, or or to a campaign committee of a statewide highway name and number. candidate or candidate for the office of member of the general assembly shall provide the (c) If an address is required in this section, name of the individual’s current employer, if a campaign committee, political action any, or, if the individual is self-employed, the committee, legislative campaign fund, political individual’s occupation and the name of the party, or political contributing entity may use individual’s business, if any, to the recipient of the business or residence address of its treasurer the contribution at the time the contribution is or deputy treasurer. The post-office box number made. Sections 3599.39 and 3599.40 of the of the campaign committee, political action Revised Code do not apply to division (E)(2) of committee, legislative campaign fund, political this section. party, or political contributing entity may be used in addition to that address. (3) If a campaign committee shows that it has exercised its best efforts to obtain, maintain, (d) For the sole purpose of a campaign committee’s and submit the information required under reporting of contributions on a statement of divisions (B)(4)(b)(ii) and (iii) of this section, contributions received under division (B)(4) of that committee is considered to have met the this section, “address” has one of the following requirements of those divisions. A campaign meanings at the option of the campaign committee shall not be considered to have committee: exercised its best efforts unless, in connection (i) The same meaning as in division (F)(1)(a) of with written solicitations, it regularly includes this section; a written request for the information required under division (B)(4)(b)(ii) of this section from (ii) All of the following, if they exist: the the contributor or the information required contributor’s post-office box number and city under division (B)(4)(b)(iii) of this section from or village, state, and zip code as used in the whoever transmits the contribution. contributor’s post-office address.

(4) Any check that a political action committee (e) As used with regard to the reporting under this uses to make a contribution or an expenditure section of any expenditure, “address” means all shall contain the full name and address of the of the following if they exist: apartment number, committee and the registration number assigned street, road, or highway name and number, to the committee under division (D)(1) of this rural delivery route number, city or village, section. 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

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section, a campaign committee, political action (H)(1) of this section only for the primary committee, legislative campaign fund, political election. The first statement that the campaign party, or political contributing entity may use the committee files in regard to the general election business or residence address of its treasurer or shall reflect all contributions received and all deputy treasurer or its post-office box number. expenditures made during the preprimary and postprimary election periods. (2) “Statewide candidate” means the joint candidates for the offices of governor and lieutenant (3) Divisions (H)(1) and (2) of this section do governor or a candidate for the office of not apply if a campaign committee receives secretary of state, auditor of state, treasurer of contributions or makes expenditures prior to the state, attorney general, member of the state first day of January of the year of the election board of education, chief justice of the supreme at which the candidate seeks nomination or court, or justice of the supreme court. election to office or if the campaign committee does not file a termination statement with its (3) “Candidate for county office” means a candidate postprimary election statement in the case of an for the office of county auditor, county treasurer, unsuccessful primary election candidate or with clerk of the court of common pleas, judge of the its postgeneral election statement in the case of court of common pleas, sheriff, county recorder, other candidates. county engineer, county commissioner, prosecuting attorney, or coroner. (I) In the case of a contribution made by a partner of a partnership or an owner or a member of another (G) An independent expenditure shall be reported unincorporated business from any funds of the whenever and in the same manner that an partnership or other unincorporated business, all of expenditure is required to be reported under this the following apply: section and shall be reported pursuant to division (B) (2)(a) or (C)(2)(a) of section 3517.105 of the Revised (1) The recipient of the contribution shall report Code. the contribution by listing both the partnership or other unincorporated business and the name (H)(1) Except as otherwise provided in division (H) of the partner, owner, or member making the (2) of this section, if, during the combined contribution. pre-election and postelection reporting periods for an election, a campaign committee has (2) In reporting the contribution, the recipient of received contributions of five hundred dollars the contribution shall be entitled to conclusively or less and has made expenditures in the total rely upon the information provided by the amount of five hundred dollars or less, it may partnership or other unincorporated business, file a statement to that effect, under penalty of provided that the information includes one of election falsification, in lieu of the statement the following: required by division (A)(2) of this section. The statement shall indicate the total amount of (a) The name of each partner, owner, or contributions received and the total amount member as of the date of the contribution of expenditures made during those combined or contributions, and a statement that the reporting periods. total contributions are to be allocated equally among all of the partners, owners, or (2) In the case of a successful candidate at a members; or primary election, if either the total contributions received by or the total expenditures made by (b) The name of each partner, owner, or the candidate’s campaign committee during member as of the date of the contribution the preprimary, postprimary, pregeneral, and or contributions who is participating postgeneral election periods combined equal in the contribution or contributions, more than five hundred dollars, the campaign and a statement that the contribution committee may file the statement under division or contributions are to be allocated to

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those individuals in accordance with the exceed in the aggregate two thousand dollars information provided by the partnership from all contributors and one hundred dollars or other unincorporated business to the from any one individual, and that the campaign recipient of the contribution. committee will not make expenditures during an election period that exceed in the aggregate (3) For purposes of section 3517.102 of the Revised two thousand dollars. Code, the contribution shall be considered to have been made by the partner, owner, or The certificate shall be on a form prescribed member reported under division (I)(1) of this by the secretary of state and shall be filed not section. later than ten days after the candidate files a declaration of candidacy and petition, a (4) No contribution from a partner of a partnership nominating petition, or a declaration of intent to or an owner or a member of another be a write-in candidate. unincorporated business shall be accepted from any funds of the partnership or other (2) Except as otherwise provided in division (K)(3) unincorporated business unless the recipient of this section, a campaign committee that files reports the contribution under division (I)(1) a certificate under division (K)(1) of this section of this section together with the information is not required to file the statements required by provided under division (I)(2) of this section. division (A) of this section.

(5) No partnership or other unincorporated (3) If, after filing a certificate under division (K)(1) business shall make a contribution or of this section, a campaign committee exceeds contributions solely in the name of the any of the limitations described in that division partnership or other unincorporated business. during an election period, the certificate is void and thereafter the campaign committee shall (6) As used in division (I) of this section, file the statements required by division (A) of “partnership or other unincorporated business” this section. If the campaign committee has not includes, but is not limited to, a cooperative, previously filed a statement, then on the first a sole proprietorship, a general partnership, statement the campaign committee is required a limited partnership, a limited partnership to file under division (A) of this section after the association, a limited liability partnership, and a committee’s certificate is void, the committee limited liability company. shall report all contributions received and expenditures made from the time the candidate (J) A candidate shall have only one campaign filed the candidate’s declaration of candidacy committee at any given time for all of the offices for and petition, nominating petition, or declaration which the person is a candidate or holds office. of intent to be a write-in candidate.

(K)(1) In addition to filing a designation of (4) As used in division (K) of this section, “election appointment of a treasurer under division (D) period” means the period of time beginning on (1) of this section, the campaign committee of the day a person files a declaration of candidacy any candidate for an elected municipal office and petition, nominating petition, or declaration that pays an annual amount of compensation of intent to be a write-in candidate through the of five thousand dollars or less, the campaign day of the election at which the person seeks committee of any candidate for member of nomination to office if the person is not elected a board of education except member of the to office, or, if the candidate was nominated in state board of education, or the campaign a primary election, the day of the election at committee of any candidate for township trustee which the candidate seeks office. or township fiscal officer may sign, under penalty of election falsification, a certificate (L) A political contributing entity that receives attesting that the committee will not accept contributions from the dues, membership fees, contributions during an election period that or other assessments of its members or from its

Ohio Secretary of State’s Office B-27 Ohio Campaign Finance Handbook officers, shareholders, and employees may report considered a contribution or expenditure prohibited the aggregate amount of contributions received from by any section of the Revised Code. those contributors and the number of individuals making those contributions, for each filing period (C)(1) Each state or county political party that receives under divisions (A)(1), (2), (3), and (4) of this section, a gift pursuant to this section shall file on a rather than reporting information as required under form prescribed by the secretary of state, a division (B)(4) of this section, including, when full, true, and itemized statement describing applicable, the name of the current employer, if the gift received and how it was disbursed. any, of a contributor whose contribution exceeds The statement shall be made under penalty one hundred dollars or, if such a contributor is self- of election falsification and shall be filed not employed, the contributor’s occupation and the name later than four p.m. of the last day of January of of the contributor’s business, if any. Division (B)(4) of every year to reflect gifts received and disbursed this section applies to a political contributing entity during the immediately preceding calendar year. with regard to contributions it receives from all other contributors. (2) Each statement required under division (C)(1) of this section shall contain all of the following 3517.101 Gifts to political parties for office information: facilities (a) The full name and address of the state or county political party filing the statement, (A) As used in this section: including its treasurer; (1) “Gift” means a gift, subscription, loan, advance, (b) A description of each gift received, which or deposit of money or anything of value, shall include: given to a state or county political party, that is specifically designated and used to defray any (i) The month, day, and year on which the gift cost incurred on or after the effective date of was received; this section for the construction, renovation, or purchase of any office facility that is not used (ii) The full name and address of each person solely for the purpose of directly influencing from whom or from which the gift was the election of any individual candidate in any received; particular election for any office. (iii) The nature of the gift, if other than money; (2) “Address” has the meaning given in division (F) of section 3517.10 of the Revised Code. (iv) The value of the gift in dollars and cents.

(3) “Political party” means only a major political Each gift received shall be itemized party. separately regardless of its amount or value. (B) Any person, including a corporation engaged in business in this state but not including a public utility, (c) An itemization of how each gift was may make a gift to a state or county political party if disbursed; the gift is specifically designated and used to defray any cost incurred on or after the effective date of this (d) The total value of gifts received and gifts section for the construction, renovation, or purchase disbursed during each reporting period; of any office facility that is not used solely for the purpose of directly influencing the election of any (e) The total cost of the construction, renovation, individual candidate in any particular election for any or purchase of any office facility for which a office and, if it is a gift of money from a corporation gift is used. engaged in business in this state, if the gift does not (D)(1) All monetary gifts and all income from the exceed ten per cent of the cost of the construction, lease or rental of an office facility for which a renovation, or purchase. Such gift shall not be

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gift is used shall be deposited in an account section for the construction, renovation, or purchase separate from other funds and maintained in of an office facility as described in division (B) of this that separate account. Except as provided in section or for the maintenance and repair of such a division (D)(2) of this section, moneys in the facility as provided in division (D)(2) of this section. account shall be used only for the construction, renovation, or purchase of an office facility as (H) Prior to receiving any gift under this section, described in division (B) of this section. every political party shall appoint a treasurer and file, on a form prescribed by the secretary of state, (2) Any moneys remaining in an account a designation of the appointment, including the under division (D)(1) of this section after full name and address of the political party. The the construction, renovation, or purchase of designation shall be filed with the official with whom an office facility shall be used only for the the political party is required to file statements under maintenance and repair of the facility or for the division (E) of this section. The treasurer shall keep construction, renovation, or purchase of another a strict account of all gifts required to be reported office facility as described in division (B) of this under this section. The secretary of state or board section and shall not be used for operating costs of elections, as the case may be, shall, if requested, of the facility or for any other purpose. issue a receipt for each statement filed under this section and preserve a record of the filing for at least (3) When a state or county political party sells an six years. All such statements shall be open to public office facility that was constructed, renovated, inspection in the office where they are filed, and shall or purchased in whole or in part from monetary be carefully preserved for a period of at least six years gifts, the party shall deposit in the account after the year in which they are filed. under division (D)(1) of this section an amount that is the same percentage of the total 3517.102 Limitations on contributions proceeds of the sale as the monetary gifts used (A) Except as otherwise provided in section 3517.103 in the construction, renovation, or purchase of the Revised Code, as used in this section and of the facility were of the total cost of that sections 3517.103 and 3517.104 of the Revised construction, renovation, or purchase. Proceeds Code: deposited in the account shall be used only for the construction, renovation, or purchase of (1) “Candidate” has the same meaning as in section another office facility as described in division 3517.01 of the Revised Code but includes only (B) of this section. candidates for the offices of governor, lieutenant governor, secretary of state, auditor of state, (E) A state political party shall file a statement treasurer of state, attorney general, member of required under this section with the secretary of state the state board of education, member of the and a county political party shall file a statement general assembly, chief justice of the supreme required under this section with the board of elections court, and justice of the supreme court. of the county in which the party is located. (2) “Statewide candidate” or “any one statewide (F)(1) No state or county political party shall fail to candidate” means the joint candidates for the file a statement required to be filed under this offices of governor and lieutenant governor section. or a candidate for the office of secretary (2) No state or county political party shall of state, auditor of state, treasurer of state, knowingly fail to report, or shall knowingly attorney general, member of the state board of misrepresent, a gift required to be reported on a education, chief justice of the supreme court, or statement required to be filed under this section. justice of the supreme court.

(G) No state or county political party shall expend (3) “Senate candidate” means a candidate for the or use a gift for a purpose other than to defray any office of state senator. cost incurred on or after the effective date of this

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(4) “House candidate” means a candidate for the some or all of the electors in that county, office of state representative. or member of the general assembly whose district contains all or part of that county. (5)(a) “Primary election period” for a candidate begins on the beginning date of the (iii) In the case of contributions to or from a candidate’s pre-filing period specified in legislative campaign fund, a campaign division (A)(9) of section 3517.109 of the committee of any of the following: Revised Code and ends on the day of the primary election. (I) A senate or house candidate who, if elected, will be a member of the same (b) In regard to any candidate, the “general party that established the legislative election period” begins on the day after the campaign fund and the same house with primary election immediately preceding the which the legislative campaign fund is general election at which the candidate seeks associated; an office specified in division (A)(1) of this section and ends on the thirty-first day of (II) A state senator or state representative December following that general election. who is a member of the same party that established the legislative campaign (6) “State candidate fund” means the state fund and the same house with which the candidate fund established by a state or county legislative campaign fund is associated. political party under division (D)(3)(c) of section 3517.10 of the Revised Code. (b) A campaign committee is no longer a “designated state campaign committee” (7) “Postgeneral election statement” means the after the campaign committee’s candidate statement filed under division (A)(2) of section changes the designation of treasurer required 3517.10 of the Revised Code by the campaign to be filed under division (D)(1) of section committee of a candidate after the general 3517.10 of the Revised Code to indicate election in which the candidate ran for office that the person intends to be a candidate or filed by legislative campaign fund after the for, or becomes a candidate for nomination general election in an even-numbered year. or election to, any office that, if elected, would not qualify that candidate’s campaign (8) “Contribution” means any contribution that committee as a “designated state campaign is required to be reported in the statement of committee” under division (A)(9)(a) of this contributions under section 3517.10 of the section. Revised Code. (B)(1)(a) No individual who is seven years of age or (9)(a) Except as otherwise provided in division (A) older shall make a contribution or contributions (9)(b) of this section and in division (F) of section aggregating more than: 3517.103 and division (B)(3)(b) of section 3517.1010 of the Revised Code, “designated (i) Ten thousand dollars to the campaign state campaign committee” means: committee of any one statewide candidate in a primary election period or in a general (i) In the case of contributions to or from a state election period; political party, a campaign committee of a statewide candidate, statewide officeholder, (ii) Ten thousand dollars to the campaign senate candidate, house candidate, or committee of any one senate candidate in member of the general assembly. a primary election period or in a general election period; (ii) In the case of contributions to or from a county political party, a campaign committee (iii) Ten thousand dollars to the campaign of a senate candidate or house candidate committee of any one house candidate in whose candidacy is to be submitted to

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a primary election period or in a general (iv) Fifteen thousand dollars to any one election period; legislative campaign fund in a calendar year;

(iv) Ten thousand dollars to a county political (v) Thirty thousand dollars to any one state party of the county in which the individual’s political party for the party’s state candidate designated Ohio residence is located for the fund in a calendar year; party’s state candidate fund in a calendar year; (vi) Ten thousand dollars to another political action committee or to a political (v) Fifteen thousand dollars to any one legislative contributing entity in a calendar year. This campaign fund in a calendar year; division does not apply to a political action committee that makes a contribution to a (vi) Thirty thousand dollars to any one state political action committee or a political political party for the party’s state candidate contributing entity affiliated with it. For fund in a calendar year; purposes of this division, a political action committee is affiliated with another (vii) Ten thousand dollars to any one political political action committee or with a action committee in a calendar year; political contributing entity if they are both established, financed, maintained, (viii) Ten thousand dollars to any one political or controlled by, or if they are, the same contributing entity in a calendar year. corporation, organization, labor organization, (b) No individual shall make a contribution or continuing association, or other person, contributions to the state candidate fund of including any parent, subsidiary, division, or a county political party of any county other department of that corporation, organization, than the county in which the individual’s labor organization, continuing association, or designated Ohio residence is located. other person.

(c) No individual who is under seven years of (b) No political action committee shall make age shall make any contribution. a contribution or contributions to a county political party for the party’s state candidate (2)(a) Subject to division (D)(1) of this section, fund. no political action committee shall make a contribution or contributions aggregating more (3) No campaign committee shall make a than: contribution or contributions aggregating more than: (i) Ten thousand dollars to the campaign committee of any one statewide candidate (a) Ten thousand dollars to the campaign in a primary election period or in a general committee of any one statewide candidate election period; 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 (b) Ten thousand dollars to the campaign a primary election period or in a general committee of any one senate candidate in election period; a primary election period or in a general election period; (iii) Ten thousand dollars to the campaign committee of any one house candidate in (c) Ten thousand dollars to the campaign a primary election period or in a general committee of any one house candidate in election period; a primary election period or in a general election period;

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(d) Ten thousand dollars to any one political (i) Two hundred fifty thousand dollars to the action committee in a calendar year; campaign committee of any one statewide candidate; (e) Ten thousand dollars to any one political contributing entity in a calendar year. (ii) Ten thousand dollars to the campaign committee of any one senate candidate; (4)(a) Subject to division (D)(3) of this section, no political party shall make a contribution (iii) Ten thousand dollars to the campaign or contributions aggregating more than ten committee of any one house candidate. thousand dollars to any one political action committee or to any one political contributing (b)(i) No state candidate fund of a state or entity in a calendar year. county political party shall make a transfer or a contribution or transfers or contributions of (b) No county political party shall make a cash or cash equivalents to a designated state contribution or contributions to another campaign committee in a primary election county political party. period or in a general election period aggregating more than: (5)(a) Subject to division (B)(5)(b) of this section, no campaign committee, other than a designated (I) Five hundred thousand dollars to the state campaign committee, shall make a campaign committee of any one statewide contribution or contributions aggregating in a candidate; calendar year more than: (II) One hundred thousand dollars to the (i) Thirty thousand dollars to any one state campaign committee of any one senate political party for the party’s state candidate candidate; fund; (III) Fifty thousand dollars to the campaign (ii) Fifteen thousand dollars to any one committee of any one house candidate. legislative campaign fund; (ii) No legislative campaign fund shall make (iii) Ten thousand dollars to any one county a transfer or a contribution or transfers or political party for the party’s state candidate contributions of cash or cash equivalents fund. to a designated state campaign committee (b) No campaign committee shall make a aggregating more than: contribution or contributions to a county (I) Fifty thousand dollars in a primary election political party for the party’s state candidate period or one hundred thousand dollars in fund unless one of the following applies: a general election period to the campaign (i) The campaign committee’s candidate will committee of any one senate candidate; appear on a ballot in that county. (II) Twenty-five thousand dollars in a primary (ii) The campaign committee’s candidate is election period or fifty thousand dollars in the holder of an elected public office that a general election period to the campaign represents all or part of the population of that committee of any one house candidate. county at the time the contribution is made. (iii) As used in divisions (B)(6)(b) and (C)(6) of (6)(a) No state candidate fund of a county political this section, “transfer or contribution of cash party shall make a contribution or contributions, or cash equivalents” does not include any in- except a contribution or contributions to a kind contributions. designated state campaign committee, in a primary election period or a general election (c) A county political party that has no state period, aggregating more than: candidate fund and that is located in a

B-32 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws

county having a population of less than one committee affiliated with it. For purposes of hundred fifty thousand may make one or more this division, a political contributing entity is contributions from other accounts to any one affiliated with another political contributing statewide candidate or to any one designated entity or with a political action committee state campaign committee that do not exceed, if they are both established, financed, in the aggregate, two thousand five hundred maintained, or controlled by, or if they are, dollars in any primary election period or general the same corporation, organization, labor election period. As used in this division, “other organization, continuing association, or other accounts” does not include an account that person, including any parent, subsidiary, contains the public moneys received from the division, or department of that corporation, Ohio political party fund under section 3517.17 organiza-tion, labor organization, continuing of the Revised Code. association, or other person.

(d) No legislative campaign fund shall make a (b) No political contributing entity shall make contribution, other than to a designated state a contribution or contributions to a county campaign committee or to the state candidate political party for the party’s state candidate fund of a political party. fund.

(7)(a) Subject to division (D)(1) of this section, (C)(1)(a) Subject to division (D)(1) of this section, no no political contributing entity shall make a campaign committee of a statewide candidate contribution or contributions aggregating more shall do any of the following: than: (i) Knowingly accept a contribution or (i) Ten thousand dollars to the campaign contributions from any individual who is committee of any one statewide candidate under seven years of age; in a primary election period or in a general election period; (ii) Accept a contribution or contributions aggregating more than ten thousand dollars (ii) Ten thousand dollars to the campaign from any one individual who is seven years committee of any one senate candidate in of age or older, from any one political a primary election period or in a general action committee, from any one political election period; contributing entity, or from any one other campaign committee in a primary election (iii) Ten thousand dollars to the campaign period or in a general election period; committee of any one house candidate in a primary election period or in a general (iii) Accept a contribution or contributions election period; aggregating more than two hundred fifty thousand dollars from any one or (iv) Fifteen thousand dollars to any one combination of state candidate funds of legislative campaign fund in a calendar year; county political parties in a primary election period or in a general election period. (v) Thirty thousand dollars to any one state political party for the party’s state candidate (b) No campaign committee of a statewide fund in a calendar year; candidate shall accept a contribution or contributions aggregating more than two (vi) Ten thousand dollars to another political thousand five hundred dollars in a primary contributing entity or to a political action election period or in a general election period committee in a calendar year. This division from a county political party that has no state does not apply to a political contributing candidate fund and that is located in a county entity that makes a contribution to a political having a population of less than one hundred contributing entity or a political action fifty thousand.

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(2)(a) Subject to division (D)(1) of this section (b) No campaign committee of a house candidate and except for a designated state campaign shall accept a contribution or contributions committee, no campaign committee of a senate aggregating more than two thousand five candidate shall do either of the following: hundred dollars in a primary election period or in a general election period from a county (i) Knowingly accept a contribution or political party that has no state candidate contributions from any individual who is fund and that is located in a county having under seven years of age; a population of less than one hundred fifty thousand. (ii) Accept a contribution or contributions aggregating more than ten thousand dollars (4)(a)(i) Subject to division (C)(4)(a)(ii) of this from any one individual who is seven years section and except for a designated state of age or older, from any one political campaign committee, no county political action committee, from any one political party shall knowingly accept a contribution or contributing entity, from any one state contributions from any individual who is under candidate fund of a county political party, seven years of age, or accept a contribution or or from any one other campaign committee contributions for the party’s state candidate fund in a primary election period or in a general aggregating more than ten thousand dollars election period. from any one individual whose designated Ohio residence is located within that county and who (b) No campaign committee of a senate candidate is seven years of age or older or from any one shall accept a contribution or contributions campaign committee in a calendar year. aggregating more than two thousand five hundred dollars in a primary election period (ii) Subject to division (D)(1) of this section, or in a general election period from a county no county political party shall accept a political party that has no state candidate contribution or contributions for the party’s fund and that is located in a county having state candidate fund from any individual a population of less than one hundred fifty whose designated Ohio residence is located thousand. outside of that county and who is seven years of age or older, from any campaign (3)(a) Subject to division (D)(1) of this section committee unless the campaign committee’s and except for a designated state campaign candidate will appear on a ballot in that committee, no campaign committee of a house county or unless the campaign committee’s candidate shall do either of the following: candidate is the holder of an elected public office that represents all or part of (i) Knowingly accept a contribution or the population of that county at the time contributions from any individual who is the contribution is accepted, or from any under seven years of age; political action committee or any political (ii) Accept a contribution or contributions contributing entity. aggregating more than ten thousand dollars (iii) No county political party shall accept a from any one individual who is seven years contribution or contributions from any other of age or older, from any one political county political party. action committee, from any one political contributing entity, from any one state (b) Subject to division (D)(1) of this section, no state candidate fund of a county political party, political party shall do either of the following: or from any one other campaign committee in a primary election period or in a general (i) Knowingly accept a contribution or election period. contributions from any individual who is under seven years of age;

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(ii) Accept a contribution or contributions for the a general election period, in the case of a party’s state candidate fund aggregating more campaign committee of a senate candidate; than thirty thousand dollars from any one individual who is seven years of age or older, (ii) Twenty-five thousand dollars in a primary from any one political action committee, election period or fifty thousand dollars in from any one political contributing entity, or from any one campaign committee, other a general election period, in the case of a than a designated state campaign committee, campaign committee of a house candidate. in a calendar year. (c) No campaign committee of a candidate (5) Subject to division (D)(1) of this section, no for the office of member of the general legislative campaign fund shall do either of the assembly, including a designated state following: campaign committee, shall accept a transfer or contribution of cash or cash equivalents from (a) Knowingly accept a contribution or any one or combination of state candidate contributions from any individual who is funds of county political parties aggregating in under seven years of age; a primary election period or a general election period more than: (b) Accept a contribution or contributions aggregating more than fifteen thousand (i) One hundred thousand dollars, in the case of dollars from any one individual who is a campaign committee of a senate candidate; seven years of age or older, from any one political action committee, from any one (ii) Fifty thousand dollars, in the case of a political contributing entity, or from any one campaign committee of a house candidate. campaign committee, other than a designated (7)(a) Subject to division (D)(3) of this section, state campaign committee, in a calendar no political action committee and no year. political contributing entity shall do either of (6)(a) No designated state campaign committee the following: shall accept a transfer or contribution of cash or (i) Knowingly accept a contribution or cash equivalents from a state candidate fund of contributions from any individual who is a state political party aggregating in a primary under seven years of age; election period or a general election period more than: (ii) Accept a contribution or contributions aggregating more than ten thousand dollars (i) Five hundred thousand dollars, in the case from any one individual who is seven years of a campaign committee of a statewide of age or older, from any one campaign candidate; committee, or from any one political party in (ii) One hundred thousand dollars, in the case of a calendar year. a campaign committee of a senate candidate; (b) Subject to division (D)(1) of this section, (iii) Fifty thousand dollars, in the case of a no political action committee shall accept campaign committee of a house candidate. a contribution or contributions aggregating more than ten thousand dollars from another (b) No designated state campaign committee shall political action committee or from a political accept a transfer or contribution of cash or cash contributing entity in a calendar year. Subject equivalents from a legislative campaign fund to division (D)(1) of this section, no political aggregating more than: contributing entity shall accept a con-tribution or contributions aggregating more than ten (i) Fifty thousand dollars in a primary election thousand dollars from another political period or one hundred thousand dollars in contributing entity or from a political action

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committee in a calendar year. This division (2) As used in divisions (B)(1)(a)(vii), (B)(3)(d), (B) does not apply to a political action committee (4)(a), and (C)(7) of this section, “political or political contributing entity that accepts a action committee” does not include a political contribution from a political action committee action committee that is organized to support or political contributing entity affiliated with or oppose a ballot issue or question and that it. For purposes of this division, a political makes no contributions to or expenditures on action committee is affiliated with another behalf of a political party, campaign committee, political action committee or with a political legislative campaign fund, political action contributing entity if they are both established, committee, or political contributing entity. As financed, maintained, or controlled by the same used in divisions (B)(1)(a)(viii), (B)(3)(e), (B)(4)(a), corporation, organization, labor organization, and (C)(7) of this section, “political contributing continuing association, or other person, entity” does not include a political contributing including any parent, subsidiary, division, or entity that is organized to support or oppose department of that corporation, organization, a ballot issue or question and that makes no labor organization, continuing association, or contributions to or expenditures on behalf of a other person. political party, campaign committee, legislative campaign fund, political action committee, or (D)(1)(a) For purposes of the limitations prescribed in political contributing entity. division (B)(2) of this section and the limitations prescribed in divisions (C)(1), (2), (3), (4), (3) For purposes of the limitations prescribed in (5), and (7)(b) of this section, whichever is divisions (B)(4) and (C)(7)(a) of this section, all applicable, all contributions made by and all contributions made by and all contributions contributions accepted from political action accepted from a national political party, a state committees that are established, financed, political party, and a county political party are maintained, or controlled by, or that are, considered to have been made by or accepted the same corporation, organization, labor from a single political party and shall be organization, continuing association, or other combined with each other to determine whether person, including any parent, subsidiary, the limitations have been exceeded. division, or department of that corporation, organization, labor organization, continuing (E)(1) If a legislative campaign fund has kept a total association, or other person, are considered to amount of contributions exceeding one hundred have been made by or accepted from a single fifty thousand dollars at the close of business on political action committee. the seventh day before the postgeneral election statement is required to be filed under section (b) For purposes of the limitations prescribed in 3517.10 of the Revised Code, the legislative division (B)(7) of this section and the limitations campaign fund shall comply with division (E)(2) prescribed in divisions (C)(1), (2), (3), (4), of this section. (5), and (7)(b) of this section, whichever is applicable, all contributions made by and (2)(a) Any legislative campaign fund that has kept all contributions accepted from political a total amount of contributions in excess of contributing entities that are established, the amount specified in division (E)(1) of this financed, maintained, or controlled by, or section at the close of business on the seventh that are, the same corporation, organization, day before the postgeneral election statement labor organization, continuing association, or is required to be filed under section 3517.10 other person, including any parent, subsidiary, of the Revised Code shall dispose of the excess division, or department of that corporation, amount in the manner prescribed in division organization, labor organization, continuing (E)(2)(b)(i), (ii), or (iii) of this section not later association, or other person, are considered to than ninety days after the day the postgeneral have been made by or accepted from a single election statement is required to be filed under political contributing entity. section 3517.10 of the Revised Code. Any legislative campaign fund that is required to

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dispose of an excess amount of contributions 3517.103 Notices of expenditures of under this division shall file a statement on personal funds the ninetieth day after the postgeneral election statement is required to be filed under section (A)(1) For purposes of this section: 3517.10 of the Revised Code indicating the total amount of contributions the fund has at the (a) “Statewide candidate” means the joint close of business on the seventh day before the candidates for the offices of governor and postgeneral election statement is required to be lieutenant governor or a candidate for the office filed under section 3517.10 of the Revised Code of secretary of state, auditor of state, treasurer of and that the excess contributions were disposed state, attorney general, or member of the state of pursuant to this division and division (E)(2)(b) board of education. of this section. The statement shall be on a form prescribed by the secretary of state and shall (b)(i) “Personal funds” means contributions to contain any additional information the secretary the campaign committee of a candidate by of state considers necessary. the candidate or by the candidate’s spouse, parents, children, sons-in-law, daughters-in-law, (b) Any legislative campaign fund that is required brothers, sisters, grandparents, mother-in-law, to dispose of an excess amount of contributions father-in-law, brothers-in-law, sisters-in-law, or under division (E)(2) of this section shall dispose grandparents by marriage. of that excess amount by doing any of the following: (ii) A loan obtained by, guaranteed by, or for the benefit of a statewide candidate, senate (i) Giving the amount to the treasurer of state for candidate, or house candidate shall be deposit into the state treasury to the credit of considered “personal funds” subject to the Ohio elections commission fund created the provisions of this section and section by division (I) of section 3517.152 of the 3517.1010 of the Revised Code to the extent Revised Code; that the loan is obtained or guaranteed by the candidate or is for the benefit of the (ii) Giving the amount to individuals who made candidate and is obtained or guaranteed by contributions to that legislative campaign the candidate’s spouse, parents, children, fund as a refund of all or part of their sons-in-law, daughters-in-law, brothers, contributions; sisters, grandparents, mother-in-law, father- in-law, brothers-in-law, sisters-in-law, or (iii) Giving the amount to a corporation that grandparents by marriage. A loan that is is exempt from federal income taxation obtained or guaranteed and that is for the under subsection 501(a) and described in benefit of a statewide candidate, senate subsection 501(c) of the Internal Revenue candidate, or house candidate shall not be Code. considered “personal funds” for the purposes of this section and section 3517.1010 of (F)(1) No legislative campaign fund shall fail to file a the Revised Code but shall be considered to statement required by division (E) of this section. be a “contribution” for the purposes of this (2) No legislative campaign fund shall fail to chapter if the loan is obtained or guaranteed dispose of excess contributions as required by by anyone other than the candidate or division (E) of this section. the candidate’s spouse, parents, children, sons-in-law, daughters-in-law, brothers, (G) Nothing in this section shall affect, be used in sisters, grandparents, mother-in-law, father- determining, or supersede a limitation on campaign in-law, brothers-in-law, sisters-in-law, or contributions as provided for in the Federal Election grandparents by marriage. Campaign Act. (iii) When a debt or other obligation incurred by a committee or by a candidate on behalf

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of the candidate’s committee described in expended or expects to expend more than that division (C)(1) or (2) of this section is to be amount. For the purpose of this division, a joint paid from “personal funds,” those funds are team of candidates for governor and lieutenant considered to be expended when the debt governor shall be considered a single candidate or other obligation is incurred, regardless of and their personal funds shall be combined. when it is paid. (2) If the campaign committee of any senate (2) For purposes of this chapter, a candidate candidate or house candidate has received is an “opponent” when the candidate has or expended or expects to expend more than indicated on the candidate’s most recently filed twenty-five thousand dollars of personal funds designation of treasurer that the candidate seeks during a primary election period or twenty- the same office at the same primary or general five thousand dollars of personal funds during election as another candidate whose campaign a general election period, the campaign committee has filed a personal funds notice committee shall file a personal funds notice required by division (C)(1) or (2) of this section. in the manner provided in division (C)(3) of this section indicating that the committee has (B)(1) Except as otherwise provided in division (B) received or expended or expects to expend (2) of this section, no statewide candidate more than that amount. or candidate for the office of member of the general assembly shall make an expenditure (3) The personal funds notice required in divisions of personal funds to influence the results of (C)(1) and (2) of this section and the declaration an election for that candidate’s nomination or of no limits required under division (D)(2) election to office unless the personal funds are of this section shall be on a form prescribed first deposited into the campaign fund of that by the secretary of state. The personal funds candidate’s campaign committee. notice required in divisions (C)(1) and (2) of this section shall be filed not later than the earlier of (2) A statewide candidate or candidate for the the following times: office of member of the general assembly may make an expenditure of personal funds (a) One hundred twenty days before a primary without first depositing those funds into the election, in the case of personal funds campaign committee’s funds as long as the received, expended, or expected to be aggregate total of those expenditures does expended during a primary election period, not exceed five hundred dollars at any time or not later than one hundred twenty days during an election period. After the candidate’s before a general election, in the case of campaign committee reimburses the candidate personal funds received, expended, or for any direct expenditure of personal funds, expected to be expended during a general the amount that was reimbursed is no longer election period; included in the aggregate total of expenditures of personal funds subject to the five-hundred- (b) Two business days after the candidate’s dollar limit. campaign committee receives or makes an expenditure of personal funds or the (C)(1) If the campaign committee of any statewide candidate makes an expenditure of personal candidate has received or expended or expects funds on behalf of the candidate’s campaign to expend more than one hundred thousand committee during that election period dollars of personal funds during a primary that exceed, in the aggregate, the amount election period or one hundred fifty thousand specified in division (C)(1) or (2) of this dollars of personal funds during a general section. election period, the campaign committee shall file a personal funds notice in the manner The personal funds notice required under provided in division (C)(3) of this section divisions (C)(1) and (2) of this section and indicating that the committee has received or the declaration of no limits required under

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division (D)(2) of this section shall be filed (3) A candidate who was not an opponent of a wherever the campaign committee files candidate who filed the personal funds notice statements of contributions and expenditures required under division (C)(3) of this section under section 3517.11 of the Revised Code. on the date the personal funds notice was filed The board of elections shall send to the may file the declaration of no limits pursuant to secretary of state a copy of any personal division (D)(2) of this section within thirty days funds notice or declaration of no limits filed after becoming an opponent of the candidate by the campaign committee of a senate who filed the personal funds notice. candidate or house candidate under division (C)(3) or (D)(2) of this section. (4) If the candidate whose campaign committee filed a personal funds notice under division (C) (D)(1) Whenever a campaign committee files a notice (1) or (2) of this section fails to file a declaration under division (C)(1) or (2) of this section, of candidacy for the office listed on the and the campaign committee of an opponent designation of treasurer filed under division files a declaration of no limits pursuant to (D) of section 3517.10 of the Revised Code or division (D)(2) of this section within thirty files a declaration of candidacy or nominating days of the filing of the personal funds notice petition for that office and dies or withdraws, under division (C)(1) or (2) of this section, the both of the following apply to the campaign contribution limitations pre-scribed in section committee of that candidate’s opponent if the 3517.102 of the Revised Code no longer apply opponent has filed a declaration of no limits to the campaign committee of the candidate’s pursuant to division (D) of this section: opponent. (a) No contribution from a contributor may (2) No campaign committee of a candidate thereafter be accepted that, when added described in division (D)(1) of this section to the aggregate total of all contributions shall accept any contribution or contributions received by that committee from that from a contributor that exceed the limitations contributor during the primary election prescribed in section 3517.102 of the Revised period or general election period, whichever Code until the committee files a declaration is applicable, would cause that committee that the committee will accept contributions to exceed the contribution limitations that exceed those limitations. This declaration prescribed in section 3517.102 of the shall be filed not later than thirty days after Revised Code for the applicable election a candidate’s opponent has filed a personal period. funds notice pursuant to division (C)(1) or (2) of section 3517.103 of the Revised Code, shall be (b) The statement of primary-day finances or referred to as the “declaration of no limits,” and the year-end statement required to be filed shall list all of the following: under division (E) of section 3517.1010 of the Revised Code shall be filed not later than (a) The amount of cash on hand in the fourteen days after the date the candidate’s candidate’s campaign fund at the end of the opponent fails to file a declaration of day immediately preceding the day on which candidacy or nominating petition by the the candidate’s campaign committee files the appropriate filing deadline, or dies or declaration of no limits; withdraws. For purposes of calculating permitted funds under division (A)(4) of (b) The value and description of all campaign section 3517.1010 of the Revised Code, assets worth five hundred dollars or more the primary or general election period, available to the candidate at the end of the whichever is applicable, shall be considered day immediately preceding the day on which to have ended on the filing deadline, in the candidate’s campaign committee files the the case of an opponent who fails to file declaration of no limits. a declaration of candidacy or nominating petition, or on the date of the opponent’s

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death or withdrawal. In such an event, the fund or to a state candidate fund of a state or filing of a statement of primary-day finances county political party. or year-end finances and the disposing of any excess funds as required under division (B) (2) Division (F)(1) of this section no longer applies of section 3517.1010 of the Revised Code to a campaign committee after both of the satisfies the candidate’s obligation to file such following occur: a statement for that election period. (a) The primary or general election period during (E)(1) No campaign committee shall fail to file a which the contribution limitations prescribed personal funds notice as required under division in section 3517.102 of the Revised Code did (C)(1) or (2) of this section. not apply after being removed pursuant to division (D) of this section has expired; (2) No campaign committee shall accept any contribution in excess of the contribution (b) When the campaign committee has disposed limitations prescribed in section 3517.102 of of all excess funds and excess aggregate the Revised Code: contributions as required under section 3517.1010 of the Revised Code. (a) Unless a declaration of no limits has been filed under division (D)(2) of this section; 3517.104 Adjustments to limitations

(b) In violation of division (D)(4) of this section (A) In January of each odd-numbered year, the once the candidate who filed a personal secretary of state, in accordance with this division funds notice under division (C)(3) of this and division (B) of this section, shall adjust each section fails to file a declaration of candidacy amount specified in section 3517.102 and in division or nominating petition or that candidate dies (B)(4)(e) of section 3517.10 of the Revised Code. The or withdraws. adjustment shall be based on the yearly average of the previous two years of the Consumer Price Index (3) No campaign committee that violates division for All Urban Consumers or its successive equivalent, (E)(1) of this section shall expend any personal as determined by the United States department of funds in excess of the amount specified in labor, bureau of labor statistics, or its successor division (C)(1) or (2) of this section, whichever is in responsibility, for all items, Series A. Using the appropriate to the committee. 1996 yearly average as the base year, the secretary of state shall compare the most current average (4) The candidate of any campaign committee that consumer price index with that determined in the violates division (E) of this section shall forfeit preceding odd-numbered year, and shall determine the candidate’s nomination, if the candidate was the percentage increase or decrease. The percentage nominated, or the office to which the candidate increase or decrease shall be multiplied by the actual was elected, if the candidate was elected to dollar figure for each office or entity specified in office. section 3517.102 of the Revised Code and by each actual dollar figure specified in division (B)(4)(e) of (F)(1) Whenever a campaign committee files a notice section 3517.10 of the Revised Code as determined under division (C)(1) or (2) of this section in the previous odd-numbered year, and the product or whenever the contribution limitations shall be added to or subtracted from its corresponding prescribed in section 3517.102 of the Revised actual dollar figure, as necessary, for that previous Code do not apply to a campaign committee odd-numbered year. under division (D)(1) of this section, that committee is not a designated state campaign The resulting amount shall be rounded to the nearest committee for the purpose of the limitations twenty-five dollars if the calculations are made prescribed in section 3517.102 of the Revised regarding the amounts specified in division (B)(4)(e) of Code with regard to contributions made by that section 3517.10 of the Revised Code. campaign committee to a legislative campaign

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If the calculations are made regarding the amounts and a statement that the report and all related specified in section 3517.102 of the Revised Code, documents are available for inspection and the resulting amount shall not be rounded. If that copying at the office of the secretary of state. resulting amount is less than one hundred dollars, the secretary of state shall retain a record of the resulting (4) On or before the twenty-fifth day of February of amount and the manner in which it was calculated, each odd-numbered year, the secretary of state but shall not make an adjustment unless the resulting shall transmit the report to the general assembly amount, when added to the resulting amount and shall send the report by mail to the board of calculated in each prior odd-numbered year since elections of each county. the last adjustment was made, equals or exceeds one hundred dollars. (5) The secretary of state shall send the report by mail to each person who files a declaration (B)(1) The secretary of state shall calculate the of candidacy or nominating petition with the adjustment under division (A) of this section secretary of state for the office of governor, and shall report the calculations and necessary lieutenant governor, secretary of state, auditor materials to the auditor of state, on or before the of state, treasurer of state, attorney general, thirty-first day of January of each odd-numbered member of the state board of education, chief year. The secretary of state shall base the justice of the supreme court, or justice of the adjustment on the most current consumer price supreme court. The report shall be mailed on or index that is described in division (A) of this before the tenth day after the filing. section and that is in effect as of the first day of January of each odd-numbered year. (6) A board of elections shall send the report by mail to each person who files a declaration (2) The calculations made by the secretary of state of candidacy or nominating petition with the under divisions (A) and (B)(1) of this section board for the office of state representative or shall be certified by the auditor of state on or state senator. The report shall be mailed on or before the fifteenth day of February of each odd- before the tenth day after the filing. numbered year. 3517.105 Independent expenditures (3) On or before the twenty-fifth day of February of each odd-numbered year, the secretary of (A)(1) As used in this section, “public political state shall prepare a report setting forth the advertising” means advertising to the general maximum contribution limitations under section public through a broadcasting station, 3517.102 of the Revised Code, the maximum newspaper, magazine, poster, yard sign, or amounts, if any, of contributions permitted to outdoor advertising facility, by direct mail, or be kept under that section, and the amounts by any other means of advertising to the general required under division (B)(4)(e) of section public. 3517.10 of the Revised Code for reporting contributions and in-kind contributions at social (2) For purposes of this section and section 3517.20 or fund-raising activities and contributions from of the Revised Code, a person is a member of a amounts deducted from an employee’s wages political action committee if the person makes and salary, as calculated and certified pursuant one or more contributions to that political to divisions (A) and (B)(1) and (2) of this section. action committee, and a person is a member The report and all documents relating to the of a political contributing entity if the person calculations contained in the report are public makes one or more contributions to, or pays records. The report shall contain an indication dues, membership fees, or other assessments to, of the period in which the limitations, the that political contributing entity. maximum contribution amounts, and the (B)(1) Whenever a candidate, a campaign reporting amounts apply, a summary of how the committee, a political action committee limitations, the maximum contribution amounts, or political contributing entity with ten or and the reporting amounts were calculated,

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more members, or a legislative campaign committee, political contributing entity, fund makes an independent expenditure, or or political party, makes one or more whenever a political action committee or independent expenditures in support of or political contributing entity with fewer than ten opposition to any candidate, the individual, members makes an independent expenditure partnership, or other entity shall file with the in excess of one hundred dollars for a local secretary of state in the case of a statewide candidate, in excess of two hundred fifty candidate, or with the board of elections dollars for a candidate for the office of member in the county in which the candidate files of the general assembly, or in excess of five the candidate’s petitions for nomination or hundred dollars for a statewide candidate, election for district or local office, not later for the purpose of financing communications than the dates specified in divisions (A)(1), advocating the election or defeat of an identified (2), (3), and (4) of section 3517.10 of the candidate or solicits without the candidate’s Revised Code, and, except as otherwise express consent a contribution for or against provided in that section, a statement an identified candidate through public political itemizing all independent expenditures advertising, a statement shall appear or be made during the period since the close of presented in a clear and conspicuous manner in business on the last day reflected in the last the advertising that does both of the following: previously filed such statement, if any. The statement shall be made on a form prescribed (a) Clearly indicates that the communication or by the secretary of state or shall be filed by public political advertising is not authorized electronic means of transmission pursuant by the candidate or the candidate’s campaign to division (G) of section 3517.106 of the committee; Revised Code as authorized or required by that division. The statement shall indicate the (b) Clearly identifies the candidate, campaign date and the amount of each independent committee, political action committee, expenditure and the candidate on whose political contributing entity, or legislative behalf it was made and shall be made under campaign fund that has paid for the penalty of election falsification. communication or public political advertising in accordance with section 3517.20 of the (C)(1) Whenever a corporation, labor organization, Revised Code. campaign committee, political action committee with ten or more members, (2)(a) Whenever any campaign committee, or legislative campaign fund makes an legislative campaign fund, political action independent expenditure, or whenever a committee, political contributing entity, political action committee with fewer than ten or political party makes an independent members makes an independent expenditure expenditure in support of or opposition to in excess of one hundred dollars for a local any candidate, the committee, entity, fund, or ballot issue or question, or in excess of five party shall report the independent expenditure hundred dollars for a statewide ballot issue and identify the candidate on a statement or question, for the purpose of financing prescribed by the secretary of state and filed by communications advocating support of or the committee, entity, fund, or party as part of opposition to an identified ballot issue or its statement of contributions and expenditures question or solicits without the express consent pursuant to division (A) of section 3517.10 and of the ballot issue committee a contribution for division (A) of section 3517.11 of the Revised or against an identified ballot issue or question Code. through public political advertising, a statement shall appear or be presented in a clear and (b) Whenever any individual, partnership, conspicuous manner in the advertising that does or other entity, except a corporation, both of the following: labor organization, campaign committee, legislative campaign fund, political action

B-42 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws

(a) Clearly indicates that the communication or a statement itemizing all independent public political advertising is not authorized expenditures made during the period since by the identified ballot issue committee; the close of business on the last day reflected in the last previously filed such statement, if (b) Clearly identifies the corporation, labor any. The statement shall be made on a form organization, campaign committee, prescribed by the secretary of state or shall legislative campaign fund, or political be filed by electronic means of transmission action committee that has paid for the pursuant to division (G) of section 3517.106 communication or public political advertising of the Revised Code as authorized or in accordance with section 3517.20 of the required by that division. The statement shall Revised Code. indicate the date and the amount of each independent expenditure and the ballot issue (2)(a) Whenever any corporation, labor or question in support of or opposition to organization, campaign committee, which it was made and shall be made under legislative campaign fund, political party, penalty of election falsification. or political action committee makes an independent expenditure in support of or (3) No person, campaign committee, legislative opposition to any ballot issue or question, the campaign fund, political action committee, corporation or labor organization shall report corporation, labor organization, or other the independent expenditure in accordance organization or association shall use or with division (C) of section 3599.03 of the cause to be used a false or fictitious name Revised Code, and the campaign committee, in making an independent expenditure in legislative campaign fund, political party, support of or opposition to any candidate or or political action committee shall report any ballot issue or question. A name is false or the independent expenditure and identify fictitious if the person, campaign committee, the ballot issue or question on a statement legislative campaign fund, political action prescribed by the secretary of state and filed committee, corporation, labor organization, by the committee, fund, or party as part of its or other organization or association does not statement of contributions and expenditures actually exist or operate, if the corporation, pursuant to division (A) of section 3517.10 labor organization, or other organization or and division (A) of section 3517.11 of the association has failed to file a fictitious name or Revised Code. other registration with the secretary of state, if it is required to do so, or if the person, campaign (b) Whenever any individual, partnership, committee, legislative campaign fund, or or other entity, except a corporation, political action committee has failed to file a labor organization, campaign committee, designation of the appointment of a treasurer, legislative campaign fund, political action if it is required to do so by division (D)(1) of committee, or political party, makes one or section 3517.10 of the Revised Code. more independent expenditures in excess of one hundred dollars in support of or (D) Any expenditure by a political party for the opposition to any ballot issue or question, the purpose of financing communications advocating the individual, partnership, or other entity shall election or defeat of a candidate for judicial office file with the secretary of state in the case of shall be deemed to be an independent expenditure a statewide ballot issue or question, or with subject to the provisions of this section. the board of elections in the county that certifies the issue or question for placement on the ballot in the case of a district or local issue or question, not later than the dates specified in divisions (A)(1), (2), (3), and (4) of section 3517.10 of the Revised Code, and, except as otherwise provided in that section,

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3517.106 Computer storage of information; electioneering communications statements affirmative defenses for failure to file required to be filed under section 3517.1011 of electronic campaign finance statement; the Revised Code. exception to electronic filing (3) The secretary of state shall store on computer the information contained in deposit and (A) As used in this section: disbursement statements required to be filed with the office of the secretary of state under (1) “Statewide office” means any of the offices section 3517.1012 of the Revised Code. of governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney (4) The secretary of state shall store on computer general, chief justice of the supreme court, and the gift and disbursement information contained justice of the supreme court. in statements required to be filed with the office of the secretary of state under section (2) “Addendum to a statement” includes an 3517.1013 of the Revised Code. amendment or other correction to that statement. (5) The secretary of state shall store on computer the information contained in donation and (B)(1) The secretary of state shall store on computer disbursement statements required to be filed the information contained in statements of with the office of the secretary of state under contributions and expenditures and monthly section 3517.1014 of the Revised Code. statements required to be filed under section 3517.10 of the Revised Code and in statements (C)(1) The secretary of state shall make available of independent expenditures required to be filed to the campaign committees, political action under section 3517.105 of the Revised Code by committees, political contributing entities, any of the following: legislative campaign funds, political parties, individuals, partnerships, corporations, labor (a) The campaign committees of candidates for organizations, treasurers of transition funds, and statewide office; other entities described in division (B) of this (b) The political action committees and political section, and to members of the news media and contributing entities described in division (A) other interested persons, for a reasonable fee, (1) of section 3517.11 of the Revised Code; computer programs that are compatible with the secretary of state’s method of storing the (c) Legislative campaign funds; information contained in the statements.

(d) State political parties; (2) The secretary of state shall make the information required to be stored under division (B) of this (e) Individuals, partnerships, corporations, labor section available on computer at the secretary organizations, or other entities that make of state’s office so that, to the maximum extent independent expenditures in support of or feasible, individuals may obtain at the secretary opposition to a statewide candidate or a of state’s office any part or all of that information statewide ballot issue or question; for any given year, subject to the limitation expressed in division (D) of this section. (f) The campaign committees of candidates for the office of member of the general assembly; (D) The secretary of state shall keep the information stored on computer under division (B) of this section (g) County political parties, with respect to their for at least six years. state candidate funds. (E)(1) Subject to division (L) of this section (2) The secretary of state shall store on computer and subject to the secretary of state having the information contained in disclosure of implemented, tested, and verified the successful

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operation of any system the secretary of state statement for completeness and accuracy prescribes pursuant to division (H)(1) of this pursuant to division (B)(3)(a) of section 3517.11 section and divisions (C)(6)(b) and (D)(6) of of the Revised Code, the campaign committee section 3517.10 of the Revised Code for the shall file by electronic means of transmission filing of campaign finance statements by any addendum to the statement that provides electronic means of transmission, the campaign the information necessary to complete or correct committee of each candidate for statewide the statement or, if required by the secretary of office may file the statements prescribed state under that division, an amended statement. by section 3517.10 of the Revised Code by electronic means of transmission or, if the Within five business days after the secretary of total amount of the contributions received or state receives from a campaign committee of the total amount of the expenditures made by a candidate for statewide office an addendum the campaign committee for the applicable to the statement or an amended statement reporting period as specified in division (A) of by electronic or other means of transmission section 3517.10 of the Revised Code exceeds under this division or division (B)(3)(a) of ten thousand dollars, shall file those statements section 3517.11 of the Revised Code, the by electronic means of transmission. secretary of state shall make the contribution and expenditure information in the addendum Except as otherwise provided in this division, or amended statement available online to the within five business days after a statement filed public through the internet as provided in by a campaign committee of a candidate for division (I) of this section. statewide office is received by the secretary of state by electronic or other means of (2) Subject to the secretary of state having transmission, the secretary of state shall make implemented, tested, and verified the successful available online to the public through the operation of any system the secretary of state internet, as provided in division (I) of this prescribes pursuant to division (H)(1) of this section, the contribution and expenditure section and divisions (C)(6)(b) and (D)(6) of information in that statement. The secretary section 3517.10 of the Revised Code for the of state shall not make available online to the filing of campaign finance statements by public through the internet any contribution electronic means of transmission, a political or expenditure information contained in a action committee and a political contributing statement for any candidate until the secretary entity described in division (B)(1)(b) of this of state is able to make available online to the section, a legislative campaign fund, and a public through the internet the contribution state political party may file the statements and expenditure information for all candidates prescribed by section 3517.10 of the Revised for a particular office, or until the applicable Code by electronic means of transmission or, if filing deadline for that statement has passed, the total amount of the contributions received whichever is sooner. As soon as the secretary or the total amount of the expenditures made of state has available all of the contribution and by the political action committee, political expenditure information for all candidates for contributing entity, legislative campaign fund, or a particular office, or as soon as the applicable state political party for the applicable reporting filing deadline for a statement has passed, period as specified in division (A) of section whichever is sooner, the secretary of state shall 3517.10 of the Revised Code exceeds ten simultaneously make available online to the thousand dollars, shall file those statements by public through the internet the information for electronic means of transmission. all candidates for that office. Within five business days after a statement filed If a statement filed by electronic means by a political action committee or a political of transmission is found to be incomplete contributing entity described in division (B) or inaccurate after the examination of the (1)(b) of this section, a legislative campaign fund, or a state political party is received by the

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secretary of state by electronic or other means Within five business days after a statement filed of transmission, the secretary of state shall by a county political party with respect to its make available online to the public through state candidate fund is received by the secretary the internet, as provided in division (I) of this of state by electronic means of transmission, the section, the contribution and expenditure secretary of state shall make available online to information in that statement. the public through the internet, as provided in division (I) of this section, the contribution and If a statement filed by electronic means expenditure information in that statement. of transmission is found to be incomplete or inaccurate after the examination of the If a statement is found to be incomplete statement for completeness and accuracy or inaccurate after the examination of the pursuant to division (B)(3)(a) of section statement for completeness and accuracy 3517.11 of the Revised Code, the political pursuant to division (B)(3)(a) of section 3517.11 action committee, political contributing entity, of the Revised Code, a county political party legislative campaign fund, or state political party shall file by electronic means of transmission shall file by electronic means of transmission any addendum to the statement that provides any addendum to the statement that provides the information necessary to complete or correct the information necessary to complete or correct the statement or, if required by the secretary of the statement or, if required by the secretary of state under that division, an amended statement. state under that division, an amended statement. Within five business days after the secretary Within five business days after the secretary of of state receives from a county political party state receives from a political action committee an addendum to the statement or an amended or a political contributing entity described in statement by electronic means of transmission division (B)(1)(b) of this section, a legislative under this division or division (B)(3)(a) of campaign fund, or a state political party an section 3517.11 of the Revised Code, the addendum to the statement or an amended secretary of state shall make the contribution statement by electronic or other means of and expenditure information in the addendum transmission under this division or division (B) or amended statement available online to the (3)(a) of section 3517.11 of the Revised Code, public through the internet as provided in the secretary of state shall make the contribution division (I) of this section. and expenditure information in the addendum or amended statement available online to the (F)(1) Subject to division (L) of this section and subject public through the internet as provided in to the secretary of state having implemented, division (I) of this section. tested, and verified the successful operation of any system the secretary of state prescribes (3) Subject to the secretary of state having pursuant to division (H)(1) of this section implemented, tested, and verified the successful and divisions (C)(6)(b) and (D)(6) of section operation of any system the secretary of 3517.10 of the Revised Code for the filing of state prescribes pursuant to division (H)(1) campaign finance statements by electronic of this section and divisions (C)(6)(b) and (D) means of transmission, a campaign committee (6) of section 3517.10 of the Revised Code of a candidate for the office of member of the for the filing of campaign finance statements general assembly or a campaign committee of by electronic means of transmission, a a candidate for the office of judge of a court county political party shall file the statements of appeals may file the statements prescribed prescribed by section 3517.10 of the Revised by section 3517.10 of the Revised Code in Code with respect to its state candidate fund by accordance with division (A)(2) of section electronic means of transmission to the office of 3517.11 of the Revised Code or by electronic the secretary of state. means of transmission to the office of the secretary of state or, if the total amount of the contributions received by the campaign

B-46 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws

committee for the applicable reporting period Within five business days after the secretary as specified in division (A) of section 3517.10 of of state receives from a campaign committee the Revised Code exceeds ten thousand dollars, of a candidate for the office of member of the shall file those statements by electronic means general assembly or a campaign committee of of transmission to the office of the secretary of a candidate for the office of judge of a court state. of appeals an addendum to the statement or an amended statement by electronic or other Except as otherwise provided in this division, means of transmission under this division or within five business days after a statement filed division (B)(3)(a) of section 3517.11 of the by a campaign committee of a candidate for Revised Code, the secretary of state shall make the office of member of the general assembly the contribution and expenditure information in or a campaign committee of a candidate for the addendum or amended statement available the office of judge of a court of appeals is online to the public through the internet as received by the secretary of state by electronic provided in division (I) of this section. or other means of transmission, the secretary of state shall make available online to the public (2) If a statement, addendum, or amended through the internet, as provided in division (I) statement is not filed by electronic means of of this section, the contribution and expenditure transmission to the office of the secretary of information in that statement. The secretary state but is filed by printed version only under of state shall not make available online to the division (A)(2) of section 3517.11 of the Revised public through the internet any contribution Code with the appropriate board of elections, or expenditure information contained in a the campaign committee of a candidate for statement for any candidate until the secretary the office of member of the general assembly of state is able to make available online to the or a campaign committee of a candidate for public through the internet the contribution the office of judge of a court of appeals shall and expenditure information for all candidates file two copies of the printed version of the for a particular office, or until the applicable statement, addendum, or amended statement filing deadline for that statement has passed, with the board of elections. The board of whichever is sooner. As soon as the secretary elections shall send one of those copies by of state has available all of the contribution and certified mail to the secretary of state before expenditure information for all candidates for the close of business on the day the board of a particular office, or as soon as the applicable elections receives the statement, addendum, or filing deadline for a statement has passed, amended statement. whichever is sooner, the secretary of state shall simultaneously make available online to the (G) Subject to the secretary of state having public through the internet the information for implemented, tested, and verified the successful all candidates for that office. operation of any system the secretary of state prescribes pursuant to division (H)(1) of this section If a statement filed by electronic means and divisions (C)(6)(b) and (D)(6) of section 3517.10 of transmission is found to be incomplete of the Revised Code for the filing of campaign finance or inaccurate after the examination of the statements by electronic means of transmission, any statement for completeness and accuracy individual, partnership, or other entity that makes pursuant to division (B)(3)(a) of section 3517.11 independent expenditures in support of or opposition of the Revised Code, the campaign committee to a statewide candidate or a statewide ballot issue shall file by electronic means of transmission to or question as provided in division (B)(2)(b) or (C)(2) the office of the secretary of state any addendum (b) of section 3517.105 of the Revised Code may file to the statement that provides the information the statement specified in that division by electronic necessary to complete or correct the statement means of transmission or, if the total amount of or, if required by the secretary of state under that independent expenditures made during the reporting division, an amended statement. period under that division exceeds ten thousand

Ohio Secretary of State’s Office B-47 Ohio Campaign Finance Handbook dollars, shall file the statement specified in that communications statement, an amended division by electronic means of transmission. deposit and disbursement statement, or an amended gift and disbursement statement, or an Within five business days after a statement filed by amended donation and disbursement statement, an individual, partnership, or other entity is received under this section or section 3517.10, by the secretary of state by electronic or other means 3517.105, 3517.1011, 3517.1012, 3517.1013, of transmission, the secretary of state shall make or 3517.1014 of the Revised Code shall available online to the public through the internet, as electronically sign the statement, addendum, or provided in division (I) of this section, the expenditure amended statement. Any technique prescribed information in that statement. by the secretary of state pursuant to this division shall create an electronic signature that satisfies If a statement filed by electronic means of all of the following: transmission is found to be incomplete or inaccurate after the examination of the statement for (a) It is unique to the signer. completeness and accuracy pursuant to division (B) (3)(a) of section 3517.11 of the Revised Code, the (b) It objectively identifies the signer. individual, partnership, or other entity shall file by electronic means of transmission any addendum to (c) It involves the use of a signature device or the statement that provides the information necessary other means or method that is under the to complete or correct the statement or, if required by sole control of the signer and that cannot be the secretary of state under that division, an amended readily duplicated or compromised. statement. (d) It is created and linked to the electronic Within five business days after the secretary of state record to which it relates in a manner that, receives from an individual, partnership, or other if the record or signature is intentionally or entity described in division (B)(2)(b) or (C)(2)(b) of unintentionally changed after signing, the section 3517.105 of the Revised Code an addendum electronic signature is invalidated. to the statement or an amended statement by electronic or other means of transmission under this (2) An electronic signature prescribed by the division or division (B)(3)(a) of section 3517.11 of secretary of state under division (H)(1) of this the Revised Code, the secretary of state shall make section shall be attached to or associated with the expenditure information in the addendum or the statement of contributions and expenditures, amended statement available online to the public the statement of independent expenditures, the through the internet as provided in division (I) of this disclosure of electioneering communications section. statement, the deposit and disbursement statement, the gift and disbursement statement, (H)(1) The secretary of state, by rule adopted or the donation and disbursement statement, pursuant to section 3517.23 of the Revised the addendum to any of those statements, Code, shall prescribe one or more techniques the amended statement of contributions by which a person who executes and and expenditures, the amended statement transmits by electronic means a statement of of independent expenditures, the amended contributions and expenditures, a statement disclosure of electioneering communications of independent expenditures, a disclosure of statement, the amended deposit and electioneering communications statement, a disbursement statement, or the amended gift deposit and disbursement statement, or a gift and disbursement statement, or the amended and disbursement statement, or a donation and donation and disbursement statement that is disbursement statement, an addendum to any executed and transmitted by electronic means of those statements, an amended statement of by the person to whom the electronic signature contributions and expenditures, an amended is attributed. The electronic signature that is statement of independent expenditures, attached to or associated with the statement, an amended disclosure of electioneering addendum, or amended statement under this

B-48 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws

division shall be binding on all persons and to division (H)(1) of this section and divisions for all purposes under the campaign finance (C)(6)(b) and (D)(6) of section 3517.10 of the reporting law as if the signature had been Revised Code includes filing those statements handwritten in ink on a printed form. through the internet via the world wide web, the secretary of state shall notify all libraries of (I) The secretary of state shall make the contribution the world wide web location at which those and expenditure, the contribution and disbursement, statements may be filed. the deposit and disbursement, the gift and disbursement, or the donation and disbursement If those statements may be filed through the information in all statements, all addenda to the internet via the world wide web and if the statements, and all amended statements that are secretary of state has notified a library of that filed with the secretary of state by electronic or world wide web location as required by this other means of transmission under this section or division, the library shall include a link to that section 3517.10, 3517.105, 3517.1011, 3517.1012, world wide web location on each internet- 3517.1013, 3517.1014, or 3517.11 of the Revised connected computer it maintains that is Code available online to the public by any means that accessible to the public. are searchable, viewable, and accessible through the internet. (K) It is an affirmative defense to a complaint or charge brought against any campaign committee, (J)(1) As used in this division, “library” means a library political action committee, political contributing that is open to the public and that is one of the entity, legislative campaign fund, or political party, following: any individual, partnership, or other entity, any person making disbursements to pay the direct costs of (a) A library that is maintained and regulated producing or airing electioneering communications, under section 715.13 of the Revised Code; or any treasurer of a transition fund, for the failure to file by electronic means of transmission a campaign (b) A library that is created, maintained, and finance statement as required by this section or regulated under Chapter 3375. of the Revised section 3517.10, 3517.105, 3517.1011, 3517.1012, Code. 3517.1013, or 3517.1014 of the Revised Code that all of the following apply to the campaign committee, (2) The secretary of state shall notify all libraries political action committee, political contributing of the location on the internet at which the entity, legislative campaign fund, or political party, contribution and expenditure, contribution the individual, partnership, or other entity, the person and disbursement, deposit and disbursement, making disbursements to pay the direct costs of gift and disbursement, or donation and producing or airing electioneering communications, disbursement information in campaign finance or the treasurer of a transition fund that failed to so statements required to be made available online file: to the public through the internet pursuant to division (I) of this section may be accessed. (1) The campaign committee, political action committee, political contributing entity, If that location is part of the world wide web legislative campaign fund, or political party, and if the secretary of state has notified a library the individual, partnership, or other entity, the of that world wide web location as required person making disbursements to pay the direct by this division, the library shall include a costs of producing or airing electioneering link to that world wide web location on each communications, or the treasurer of a transition internet-connected computer it maintains that is fund attempted to file by electronic means of accessible to the public. transmission the required statement prior to the (3) If the system the secretary of state prescribes deadline set forth in the applicable section. for the filing of campaign finance statements (2) The campaign committee, political action by electronic means of transmission pursuant committee, political contributing entity,

Ohio Secretary of State’s Office B-49 Ohio Campaign Finance Handbook

legislative campaign fund, or political party, the amount of which the secretary of state the individual, partnership, or other entity, the shall determine by rule. The amount of the person making disbursements to pay the direct fee established under this division shall not costs of producing or airing electioneering exceed the data entry and data verification communications, or the treasurer of a transition costs the secretary of state will incur to fund was unable to file by electronic means of convert the information on the statement transmission due to an expected or unexpected to an electronic format as required under shutdown of the whole or part of the electronic division (I) of this section. campaign finance statement-filing system, such as for maintenance or because of hardware, (c) The secretary of state shall arrange for the software, or network connection failure. information in campaign finance statements filed pursuant to division (L) of this section (3) The campaign committee, political action to be made available online to the public committee, political contributing entity, through the internet in the same manner, legislative campaign fund, or political party, and at the same times, as information is the individual, partnership, or other entity, the made available under divisions (E), (F), person making disbursements to pay the direct and (I) of this section for candidates whose costs of producing or airing electioneering campaign committees file those statements communications, or the treasurer of a transition by electronic means of transmission. fund filed by electronic means of transmission the required statement within a reasonable (d) The candidate of an eligible campaign period of time after being unable to so file it committee that intends to file a campaign under the circumstance described in division (K) finance statement pursuant to division (L) of (2) of this section. this section shall file a notice indicating that the candidate’s campaign committee intends (L)(1) The secretary of state shall adopt rules pursuant to so file and stating that filing the statement to Chapter 119. of the Revised Code to permit by electronic means of transmission would a campaign committee of a candidate for constitute a hardship for the candidate or for statewide office that makes expenditures of less the eligible campaign committee. than twenty-five thousand dollars during the filing period or a campaign committee for the (e) An eligible campaign committee that files office of member of the general assembly or the a campaign finance statement on paper office of judge of a court of appeals that would pursuant to division (L) of this section shall otherwise be required to file campaign finance review the contribution and information statements by electronic means of transmission made available online by the secretary of under division (E) or (F) of this section to file state with respect to that paper filing and those statements by paper with the office of the shall notify the secretary of state of any errors secretary of state. Those rules shall provide for with respect to that filing that appear in the all of the following: data made available on that web site.

(a) An eligible campaign committee that wishes (f) If an eligible campaign committee whose to file a campaign finance statement by candidate has filed a notice in accordance paper instead of by electronic means of with rules adopted under division (L)(1) transmission shall file the statement on (d) of this section subsequently fails to file paper with the office of the secretary of state that statement on paper by the applicable not sooner than twenty-four hours after the deadline established in rules adopted under end of the filing period set forth in section division (L)(1)(a) of this section, penalties 3517.10 of the Revised Code that is covered for the late filing of the campaign finance by the applicable statement. statement shall apply to that campaign committee for each day after that paper filing (b) The statement shall be accompanied by a fee, deadline, as if the campaign committee

B-50 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws

had filed the statement after the applicable organization. A federal political committee registered deadline set forth in division (A) of section with the secretary of state under this division shall 3517.10 of the Revised Code. file with the secretary of state any amendment to its statement of organization that is required under the (2) The process for permitting campaign Federal Election Campaign Act to be reported to the committees that would otherwise be required to federal election commission. file campaign finance statements by electronic means of transmission to file those statements (C) When, during any federal reporting period under on paper with the office of the secretary of the Federal Election Campaign Act, a federal political state that is required to be developed under committee makes a contribution, expenditure, or division (L)(1) of this section shall be in effect independent expenditure from its federal account in and available for use by eligible campaign connection with a state or local election in Ohio, the committees for all campaign finance statements committee shall file with the secretary of state not that are required to be filed on or after June 30, later than the date on which its report is required to 2005. Notwithstanding any provision of the be filed with the appropriate federal office or officer Revised Code to the contrary, if the process the under the Federal Election Campaign Act, copies of secretary of state is required to develop under the following pages from that report: division (L)(1) of this section is not in effect and available for use on and after June 30, (1) The summary page; 2005, all penalties for the failure of campaign committees to file campaign finance statements (2) The detailed summary page; by electronic means of transmission shall be (3) The page or pages that contain an itemized suspended until such time as that process is in list of the contributions, expenditures, and effect and available for use. independent expenditures made in connection (3) Notwithstanding any provision of the Revised with state and local elections in Ohio. Code to the contrary, any eligible campaign The total amount of contributions, expenditures, committee that files campaign finance and independent expenditures made in statements on paper with the office of the connection with state and local elections in secretary of state pursuant to division (L)(1) of Ohio shall be reflected on the summary page this section shall be deemed to have filed those or on a form that the secretary of state shall campaign finance statements by electronic prescribe. means of transmission to the office of the secretary of state. (D) When, during any calendar year, a federal political committee makes a contribution from its 3517.107 Federal political committees federal account in connection with a state or local election in Ohio to a state or local political action (A) As used in this section, “federal political committee that is required under section 3517.11 of committee” means a political committee, as defined the Revised Code to file any statement prescribed by in the Federal Election Campaign Act, that is section 3517.10 of the Revised Code, and the federal registered with the federal election commission under political committee and state or local political action that act. committee are established, financed, maintained, or (B) Any federal political committee may make controlled by the same corporation, organization, contributions, expenditures, or independent continuing association, or other person, including expenditures from its federal account in connection any parent, sub-sidiary, division, department, or with any state or local election in Ohio. Prior to unit of that corporation, organization, continuing making any such contribution, ex-penditure, or association, or other person, the federal political independent expenditure, the federal political committee shall file a statement with the secretary of committee shall register with the secretary of state by state not later than the last business day of January filing a copy of its most recent federal statement of of the next calendar year. The statement shall be

Ohio Secretary of State’s Office B-51 Ohio Campaign Finance Handbook on a form prescribed by the secretary of state and that individual, political action committee, political shall include a list of the names and addresses of contributing entity, or other campaign committee. Any contributors that are residents of Ohio that made additional contribution that a campaign committee contributions to the federal political committee accepts under this division shall count toward the during the calendar year covered by the statement applicable limitations prescribed under section and, for each name listed, the aggregate total amount 3517.102 of the Revised Code for that primary or contributed by each contributor during the reporting general election period at the end of which the debt period. remains unpaid, and shall not count toward the applicable limitations for any other primary or general 3517.108 Additional contributions to pay election period if all of the following conditions campaign debts apply:

(A) As used in divisions (A) and (B) of this section: (1) The campaign committee reports, on the statement required to be filed under division (1) “Candidate” has the same meaning as in section (A)(2) of section 3517.10 of the Revised Code, 3517.01 of the Revised Code but includes only all debt remaining unpaid at the end of the candidates for the offices of governor, lieutenant election period. The committee shall also file governor, secretary of state, auditor of state, a separate statement, on a form prescribed by treasurer of state, attorney general, member of the secretary of state, at the same time that the the state board of education, member of the committee is required to file a statement of general assembly, chief justice of the supreme contributions and expenditures under section court, and justice of the supreme court. 3517.10 of the Revised Code. The separate statement shall include the name and address (2) A “general election period” begins on the of each contributor who makes an additional day after the primary election immediately contribution under division (B) of this section, preceding the general election at which a how the contribution was applied to pay the candidate seeks an office specified in division unpaid debt as required by division (B)(3) of this (A)(1) of this section and ends on the thirty- section, and the balance of the unpaid debt after first day of December following that general each contribution was applied to it. election. (2) The additional contributions are accepted only (3) A “primary election period” begins on the first during the primary or general election period, day of January of the year following the year whichever is applicable, immediately following in which the general election was held for the the election period covered in the statement office that the candidate seeks, including any filed under division (B)(1) of this section. mid-term election, and ends on the day of the primary election. (3) All additional contributions made under division (B) of this section are used by the (B) Whenever the campaign committee of a candidate campaign committee that receives them only to has unpaid debt at the end of a primary election pay the debt of the committee reported under period or at the end of a general election period, division (B)(1) of this section. the committee may accept additional contributions during the immediately following election period (4) The campaign committee maintains a separate up to the applicable limitation prescribed under account for all additional contributions made section 3517.102 of the Revised Code from any under division (B) of this section and uses individual, political action committee, political moneys in that account only to pay the unpaid contributing entity, or other campaign committee debt reported under division (B)(1) of this who, during the primary or general election period section and to administer the account. for which debt remains unpaid, has contributed less than the contribution limitations prescribed under (5) The campaign committee stops accepting section 3517.102 of the Revised Code applicable to additional contributions after funds sufficient

B-52 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws

to repay the unpaid debt reported under (a) In the case of a contribution from a division (B)(1) of this section have been raised contributor whose contributions are subject and promptly disposes of any contributions to the contribution limits described in received that exceed the amount of the unpaid division (B)(1), (2), (3), (6)(a), or (7) of section debt by returning the excess contributions 3517.102 of the Revised Code, that portion to the contributors or by giving the excess of the amount of the contributor’s aggregate contributions to an organization that is exempt contribution that does not exceed the from federal income taxation under subsection preprimary contribution limit applicable to 501(a) and described in subsection 501(c)(3), that contributor. (4), (8), (10), or (19) of the Internal Revenue Code. (b) In the case of a contribution or contributions from a contributor whose contributions 3517.109 Disposal of excess funds and are not subject to the contribution limits contributions; reports and declarations described in divisions (B)(1), (2), (3), (6)(a), or (7) of section 3517.102 of the Revised Code, (A) As used in this section: the total of the following:

(1) “Candidate” has the same meaning as in section (i) That portion of the aggregate contribution 3517.01 of the Revised Code but includes only that was received as in-kind services; candidates for the offices of governor, lieutenant governor, secretary of state, auditor of state, (ii) That portion of the aggregate contribution treasurer of state, attorney general, member of that was received as cash and does not the state board of education, and member of the exceed the applicable preprimary cash general assembly. transfer or contribution limits described in division (B)(6)(b) of section 3517.102 of (2) “Statewide candidate” means the joint the Revised Code. candidates for the offices of governor and lieutenant governor or a candidate for the office (8) “Excess aggregate contribution” means, of secretary of state, auditor of state, treasurer of for each contributor, the amount by which state, attorney general, and member of the state that contributor’s aggregate contribution board of education. exceeds that contributor’s allowable aggregate contribution. (3) “Senate candidate” means a candidate for the office of state senator. (9) “Pre-filing period” means the period of time ending on the day that the candidacy petitions (4) “House candidate” means a candidate for the are due for the state office for which the office of state representative. candidate has filed and beginning on the latest date of the following: (5) “State office” means the offices of governor, lieutenant governor, secretary of state, auditor (a) The first day of January of the year following of state, treasurer of state, attorney general, the general election in which that state office member of the state board of education, and was last on the ballot; member of the general assembly. (b) The first day of January of the year following (6) “Aggregate contribution” means the total of all the general election in which the candidate contributions from a contributor during the pre- was last a candidate for any office; filing period. (c) The first day of the month following the (7) “Allowable aggregate contribution” means all of primary election in which the candidate was the following: last a candidate for any office.

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(10) “Filing date” means the last date on which a will become a candidate for nomination or candidacy petition may be filed for an office. election.

(11) “Applicable carry-in limit” means thirty-five (B) Each candidate who files for state office, not thousand dollars if the candidate is a house later than the filing date for that office, shall dispose candidate or a candidate for the state board of any excess funds. Each covered candidate who of education, one hundred thousand dollars if files for state office, not later than the filing date for the candidate is a senate candidate, and two that office, shall dispose of any excess aggregate hundred thousand dollars if the candidate is a contributions. statewide candidate other than a candidate for the state board of education. (C) Any campaign committee that is required to dispose of excess funds or excess aggregate (12) “Campaign asset” means prepaid, purchased, contributions under division (B) of this section shall or donated assets available to the candidate dispose of that excess amount or amounts by doing on the date of the filing deadline for the office any of the following: the candidate is seeking that will be consumed or depleted in the course of the candidate’s (1) Giving the amount to the treasurer of state for election campaign, including, but not limited deposit into the state treasury to the credit of to, postage, prepaid rent for campaign the Ohio elections commission fund created by headquarters, prepaid radio, television, and division (I) of section 3517.152 of the Revised newspaper advertising, and other prepaid Code; consulting and personal services. (2) Giving the amount to individuals who made (13) “Permitted funds” means the sum of the contributions to that campaign committee as a following: refund of all or part of their contributions;

(a) The total of the allowable aggregate (3) Giving the amount to a corporation that is contribution of each contributor; exempt from federal income taxation under subsection 501(a) and described in subsection (b) The applicable carry-in limit. 501(c) of the Internal Revenue Code.

(14) “Excess funds” means the amount by which (D)(1) Subject to division (D)(2) of this section, no the sum of the total cash on hand and total candidate or covered candidate shall appear reported campaign assets exceeds permitted on the ballot, even if certified to appear on funds. the ballot, unless the candidate’s or covered candidate’s campaign committee has disposed (15) “Covered candidate” means both of the of excess funds, excess aggregate contributions, following: or both as required by divisions (B) and (C) of this section. (a) A candidate who, during the pre-filing period, accepts or has a campaign committee (2) If the excess aggregate contributions accepted that accepts contributions on the candidate’s by a covered candidate or a covered candidate’s behalf for the purpose of nominating or campaign committee aggregate a total of less electing the candidate to any office not than five thousand dollars from all contributors, subject to the contribution limits prescribed that candidate shall not be prohibited from in section 3517.102 of the Revised Code; appearing on the ballot under division (D)(1) of this section. (b) A person who, during the pre-filing period, accepts or has a campaign committee (E)(1) The campaign committee of each candidate that accepts contributions on the person’s required to dispose of excess funds under this behalf prior to the person deciding upon or section shall file a report, on a form prescribed announcing the office for which the person

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by the secretary of state, with the official or (e) The applicable carry-in limit, if any. board with which the candidate is required to file statements under section 3517.11 of the (3) In addition to the information required to Revised Code. The report shall be filed by the be included in a report of filing-day finances seventh day following the filing deadline for the filed under division (F)(1) of this section, the office the candidate is seeking, shall indicate the campaign committee of each covered candidate amount of excess funds disposed of, and shall shall include both of the following in that describe the manner in which the campaign report: committee disposed of the excess amount. (a) The total of all excess aggregate contributions; (2) In addition to the information required to be included in a report filed under division (E)(1) (b) For each contributor, if any, for whom there is of this section, the campaign committee of each an excess aggregate contribution, the name, covered candidate required to dispose of excess address, aggregate contribution, and excess aggregate contributions under this section shall aggregate contribution. include in that report the source and amount of each excess aggregate contribution disposed (G) A campaign committee of a candidate is not of and shall describe the manner in which the required to file a declaration of filing-day finances campaign committee disposed of the excess under division (F) of this section if all of the following amount. apply:

(F)(1) Each campaign committee of a candidate (1) The campaign committee has not accepted, who has filed a declaration of candidacy or a during the pre-filing period, any aggregate nominating petition for a state office, not later contribution greater than the applicable than seven days after the filing date for the office amount. the candidate is seeking, shall file a declaration of filing-day finances, on a form prescribed by (2) The campaign committee had less than the secretary of state, with the official or board the carry-in amount in cash on hand at the with which the candidate is required to file beginning of the pre-filing period. statements under section 3517.11 of the Revised Code. (3) The candidate files a declaration, on a form prescribed by the secretary of state, with the (2) A declaration of filing-day finances shall list all official or board with which the candidate of the following: is required to file statements under section 3517.11 of the Revised Code not later than (a) The amount of cash on hand in the seven days after the filing date for the office that candidate’s campaign fund on the filing date candidate is seeking, stating that the candidate’s for the office the candidate is seeking. campaign committee has not accepted aggregate contributions as described in division (b) The value and description of all campaign (G)(1) of this section and has less than the assets worth five hundred dollars or more carry-in amount in cash on hand as described in available to the candidate on the filing division (G)(2) of this section. date. Assets purchased by the campaign shall be valued at actual cost, and in-kind 3517.1010 Disposal of excess funds contributions shall be valued at market value. (A) As used in this section: (c) The total of all aggregate contributions; (1) “Aggregate contribution,” “allowable aggregate (d) The total of all allowable aggregate contribution,” “excess aggregate contribution,” contributions; and “pre-filing period” have the same meanings as in section 3517.109 of the Revised Code.

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(2) “Filing deadline” means the last date on which on the campaign committee’s declaration a candidacy petition may be filed for an office. of no limits filed pursuant to division (D) of section 3517.103 of the Revised Code. (3) “Campaign asset” means prepaid, purchased, or donated assets, goods, or services available to (b) In the case of a disposal of excess funds the candidate’s campaign committee on the date under division (B)(5) of this section, the specified in the filing required under division (F) product of both of the following: of this section that will be consumed, depleted, or used in the course of the candidate’s election (i) The sum of the cash on hand and reported campaign, including, but not limited to, campaign assets at the end of the thirty- postage, rent for any campaign office, radio, first day of December immediately television, and newspaper advertising, and following the general election; consulting and personal services. (ii) The ratio of the sum of the allowable (4) “Permitted funds” means one of the following: aggregate contributions of each contributor and the general carry-in (a) In the case of a disposal of excess funds amount to the sum of all contributions under division (B)(1) of this section, the received during the general election sum of the primary carry-in amount and the period and the general carry-in amount. product of both of the following: For the purposes of division (A)(4)(b) of (i) The sum of the campaign committee’s this section, when a candidate has net cash on hand and the campaign filed a declaration of no limits under committee’s total reported campaign division (D)(2) of section 3517.103 assets on the day of the primary election of the Revised Code, the allowable less the primary carry-in amount; aggregate contribution calculated for each contributor is calculated as if the (ii) The ratio of the sum of the allowable limitations on contributions prescribed aggregate contributions of each in section 3517.102 of the Revised Code contributor to the sum of all contributions were in effect. received, during the period extending from the first day on which, in accordance As used in division (A)(4)(b) of this section, with division (D) of section 3517.103 “general carry-in amount” is the sum of the Revised Code, the contribution of the campaign committee’s reported limitations prescribed in section 3517.102 campaign assets and net cash on hand as of the Revised Code no longer apply to of the day of the primary election, after the campaign committee through the end the committee has disposed of excess of the primary election period. funds under division (B)(1) of this section, if required. “General election period” has For the purposes of division (A)(4)(a) of the same meaning as in section 3517.102 this section, the allowable aggregate of the Revised Code. contribution of each contributor is calculated as if the limitations on (5) “Excess funds” means the amount by which the contributions prescribed in section sum of the campaign committee’s cash on hand 3517.102 of the Revised Code were in on the date specified in the filing required to be effect. made under division (F) of this section and total reported campaign assets exceeds permitted As used in division (A)(4)(a) of this section, funds. “primary carry-in amount” is the sum of the campaign committee’s cash on hand (6) “Net cash on hand” means the cash on hand on and reported campaign assets as reported the day of the primary election less the sum of

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all debts and obligations reported under division (b) The campaign committee is not a designated (F) of this section. state campaign committee for the purpose of making contributions to a legislative (B)(1) Except as otherwise provided in division (G) campaign fund or to the state candidate fund of this section, the campaign committee of any of a state or county political party. candidate who has filed a declaration of no limits in accordance with division (D) of section (4) Except as otherwise provided in division (G) 3517.103 of the Revised Code, and to which of this section, the campaign committee of any the contribution limitations prescribed in section candidate that has expended personal funds in 3517.102 of the Revised Code no longer apply excess of the amount specified in division (C) during a primary election period, shall dispose of (1) or (2) of section 3517.103 of the Revised any excess funds not later than fourteen days after Code shall dispose of any excess funds not later the day on which the primary election was held. than fourteen days after the day on which the primary election is held or the thirty-first day of (2) The campaign committee of any candidate that December after the day on which the general has filed a personal funds notice under division election was held, whichever is applicable, or (C)(1) or (2) of section 3517.103 of the Revised choose to retain personal funds under division Code shall, at the end of the primary election (B)(2) of this section. The calculation of excess period, do one of the following: funds under this division shall be made in the same manner that a campaign committee (a) Return that portion of the personal funds is required to dispose of excess funds under remaining in the candidate’s campaign division (B)(1) or (5) of this section, whichever committee fund at the end of the primary election period is applicable. For the purposes election period that are excess funds not later of this division, the allowable aggregate than fourteen days after the day on which the contribution of each contributor, including one primary election was held; or more contributions from the candidate and from the candidate’s spouse, parents, children, (b) Retain the personal funds remaining in the sons-in-law, daughters-in-law, brothers, sisters, candidate’s campaign committee fund at grandparents, mothers-in-law, fathers-in-law, the end of the primary election period and brothers-in-law, sisters-in-law, or grandparents file a statement with the secretary of state by marriage, is calculated for that contributor declaring that the campaign committee will as if the contribution limitations prescribed by retain those remaining personal funds in the section 3517.102 of the Revised Code were in committee’s campaign fund and indicating effect. the amount of remaining personal funds that would be characterized as excess funds. (5) Except as otherwise provided in division (G) of this section, the campaign committee of (3) If a campaign committee elects to retain any candidate to which, in accordance with personal funds pursuant to division (B)(2)(b) of division (D) of section 3517.103 of the Revised this section, both of the following apply: Code, the contribution limitations prescribed (a) The amount characterized as excess funds is in section 3517.102 of the Revised Code no considered to be an expenditure of personal longer apply during a general election period funds for the purpose of determining whether shall dispose of any excess funds not later than the amount of personal funds the campaign the thirty-first day of December after the day on committee has received under division (C) which the general election was held. (1) or (2) of section 3517.103 of the Revised (6) Notwithstanding division (B) of section Code during an election period exceeds the 3517.109 of the Revised Code, the amount of amounts specified in those divisions. excess aggregate contributions required to be disposed of under that division by a candidate whose contribution limitations have been

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reimposed pursuant to division (D)(4) of section (3) The campaign committee of a candidate 3517.103 of the Revised Code is limited to no for state office as defined in division (A) of more than the sum of the following: section 3517.109 of the Revised Code has not substantially complied with the disposal (a) The difference between the sum of the cash requirements of division (B) of this section on hand and reported campaign assets on if, upon initial review of a declaration filed the date of the declaration of candidacy pursuant to division (F) of this section, it is filing deadline, date of death, or date of discovered that the candidate’s campaign withdrawal, whichever is applicable, less committee has failed to dispose of excess funds the sum of the cash on hand and reported or excess aggregate contributions totaling in the campaign assets reported on the campaign aggregate more than ten thousand dollars. committee’s declaration of no limits under division (D)(2) of section 3517.103 of the (4) The campaign committee of a candidate for Revised Code; member of the general assembly has not substantially complied with the disposal (b) The sum of the aggregate excess requirements of division (B) of this section contributions of all contributors made from if, upon initial review of a declaration filed the beginning of the primary election period pursuant to division (F) of this section, it is to the day immediately preceding the day discovered that the candidate’s campaign on which contribution limitations prescribed committee has failed to dispose of excess funds in section 3517.102 of the Revised Code or excess aggregate contributions totaling in became inapplicable pursuant to division (D) the aggregate more than twenty-five hundred (1) of section 3517.103 of the Revised Code. dollars.

(C) Any campaign committee that is required (5) Any campaign committee that has received to dispose of excess funds or excess aggregate a letter indicating substantial compliance as contributions under division (B) of this section provided for in division (D)(2) of this section shall dispose of the excess amount or amounts in shall, within thirty days after receiving such accordance with division (C) of section 3517.109 of a letter, fully comply with the disposal the Revised Code. requirements of division (B) of this section.

(D)(1) Any candidate who knowingly fails to (E) When the campaign committee of a candidate files dispose of excess funds or excess aggregate a personal funds notice in accordance with division contributions as required by divisions (B) and (C), or a declaration of no limits in accordance with (C) of this section, except a candidate whose division (D), of section 3517.103 of the Revised campaign committee has been given a letter Code, the campaign committee of each such of substantial compliance as provided for in candidate shall file in the case of a primary election division (D)(2) of this section, shall not appear period a declaration of primary-day finances not later on the ballot, even if the candidate has been than fourteen days after the day on which the primary certified to appear on the ballot. election was held, or shall file in the case of a general election period a declaration of year-end finances (2) The secretary of state shall, after initially not later than the last business day of January of the examining and reviewing any declaration next calendar year immediately following the day on provided for in division (F) of this section which the general election was held. and making a determination that a campaign committee has substantially complied with (F) The declaration of primary-day finances and the disposal requirements of division (B) of declaration of year-end finances shall be filed on a this section, promptly issue to the candidate’s form prescribed by the secretary of state and shall list campaign committee a letter certifying that all of the following: committee’s substantial compliance.

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(1) The amount of net cash on hand in the official or board with which the candidate candidate’s campaign committee fund at the is required to file statements under section end of the day on which the primary election 3517.11 of the Revised Code, stating that was held or cash on hand on the thirty-first day the committee has not accepted aggregate of December immediately following the day on contributions as described in division (G)(1) of which the general election was held, whichever this section. is appropriate; 3517.1011 Disbursements for producing (2) In the case of a declaration of primary-day or airing electioneering communications; finances, any debt or other obligation incurred by the committee during the primary election disclosure statement; contents period and related to the primary election of the (A) As used in this section: campaign committee’s candidate; (1) “Address” has the same meaning as in section (3) The value and description of all campaign assets 3517.10 of the Revised Code. worth five hundred dollars or more available to the candidate at the end of the day on which the (2) “Broadcast, cable, or satellite communication” primary election was held or on the thirty-first means a communication that is publicly day of December immediately following the day distributed by a television station, radio station, on which the general election was held; cable television system, or satellite system.

(4) The total of all aggregate contributions received (3) “Candidate” has the same meaning as in section by the candidate’s campaign committee during 3501.01 of the Revised Code; the primary or general election period; (4) “Contribution” means any loan, gift, deposit, (5) The total of all allowable aggregate forgiveness of indebtedness, donation, advance, contributions received by the candidate’s payment, or transfer of funds or of anything of campaign committee during the primary value, including a transfer of funds from an inter or general election period, whichever vivos or testamentary trust or decedent’s estate, is applicable. The allowable aggregate and the payment by any person other than the contribution of each contributor shall be person to whom the services are rendered for calculated as if the contribution limitations the personal services of another person, that prescribed by section 3517.102 of the Revised is made, received, or used to pay the direct Code were in effect. costs of producing or airing electioneering communications. (6) A description of all excess funds and excess aggregate contributions disposed of by the (5)(a) “Coordinated electioneering communication” candidate’s campaign committee in accordance means any electioneering communication with division (B) of this section for that election. that is made pursuant to any arrangement, coordination, or direction by a candidate or (G) The campaign committee of a candidate is a candidate’s campaign committee, by an not required to dispose of excess funds or excess officer, agent, employee, or consultant of a aggregate contributions under division (B) of this candidate or a candidate’s campaign committee, section if both of the following apply: or by a former officer, former agent, former (1) The campaign committee has not accepted any employee, or former consultant of a candidate aggregate contribution greater than the amount or a candidate’s campaign committee prior applicable under that division. to the airing, broadcasting, or cablecasting of the communication. An electioneering (2) The campaign committee files on a form, communication is presumed to be a prescribed by the secretary of state, with the “coordinated electioneering communication” when it is either of the following:

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(i) Based on information about a candidate’s person makes disbursements for the direct plans, projects, or needs provided to the costs of producing or airing electioneering person making the disbursement by the communications aggregating in excess of one candidate or the candidate’s campaign dollar. committee, by an officer, agent, employee, or consultant of the candidate or the (7)(a) “Electioneering communication” means any candidate’s campaign committee, or by broadcast, cable, or satellite communication a former officer, former agent, former that refers to a clearly identified candidate employee, or former consultant of the and that is made during either of the following candidate or the candidate’s campaign periods of time: committee, with a view toward having the communication made; (i) If the person becomes a candidate before the day of the primary election at which (ii) Made by or through any person who is, or candidates will be nominated for election has been, authorized to raise or expend to that office, between the date that the funds on behalf of a candidate or the person becomes a candidate and the candidate’s campaign committee, who is, thirtieth day prior to that primary election, or has been, an officer, agent, employee, and between the date of the primary or consultant of the candidate or of the election and the thirtieth day prior to the candidate’s campaign committee, or who general election at which a candidate will is, or has been, receiving any form of be elected to that office; compensation or reimbursement from the candidate or the candidate’s campaign (ii) If the person becomes a candidate after committee or from an officer, agent, the day of the primary election at which employee, or consultant of the candidate candidates were nominated for election or of the candidate’s campaign committee. to that office, between the date of the primary election and the thirtieth day (b) An electioneering communication shall prior to the general election at which a not be presumed to be a “coordinated candidate will be elected to that office. electioneering communication” under division (A)(5) (a)(ii) of this section if the (b) “Electioneering communication” does not communication is made through any person include any of the following: who provides a service that does not affect (i) A communication that is publicly the content of the communication, such as disseminated through a means of communications placed through the efforts of communication other than a broadcast, a media buyer, unless that person also affects cable, or satellite television or radio the content of the communication. station. For example, “electioneering (6) “Disclosure date” means both of the following: communication” does not include communications appearing in print media, (a) The first date during any calendar year including a newspaper or magazine, by which a person makes disbursements handbill, brochure, bumper sticker, for the direct costs of producing or airing yard sign, poster, billboard, and other electioneering communications aggregating written materials, including mailings; in excess of ten thousand dollars; communications over the internet, including electronic mail; or telephone (b) The same day of the week of each remaining communications. week in the same calendar year as the day of the week of the initial disclosure date (ii) A communication that appears in established under division (A)(6)(a) of this a news story, commentary, public section, if, during that remaining week, the service announcement, bona fide news

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programming, or editorial distributed in excess of five thousand dollars during a through the facilities of any broadcast, calendar year; cable, or satellite television or radio station, unless those facilities are owned or (iii) Makes contributions or expenditures controlled by any political party, political aggregating in excess of one thousand committee, or candidate; dollars during a calendar year.

(iii) A communication that constitutes (12) “Publicly distributed” means aired, broadcast, an expenditure or an independent cablecast, or otherwise disseminated for a fee. expenditure under section 3517.01 of the Revised Code; (13) “Refers to a clearly identified candidate” means that the candidate’s name, nickname, (iv) A communication that constitutes a photograph, or drawing appears, or the identity candidate debate or forum or that solely of the candidate is otherwise apparent through promotes a candidate debate or forum an unambiguous reference to the person such and is made by or on behalf of the person as “the chief justice,” “the governor,” “member sponsoring the debate or forum. of the Ohio senate,” “member of the Ohio house of representatives,” “county auditor,” (8) “Filing date” has the same meaning as in “mayor,” or “township trustee” or through an section 3517.109 of the Revised Code. unambiguous reference to the person’s status as a candidate. (9) “Immigration and Nationality Act” means the Immigration and Nationality Act, 110 Stat. 309 (B) For the purposes of this section, a person shall be (1996), 8 U.S.C. 1101 et seq., as amended. considered to have made a disbursement if the person has entered into a contract to make the disbursement. (10) “Person” has the same meaning as in section 1.59 of the Revised Code and includes any (C) Any person intending to make a disbursement political organization considered exempt from or disbursements for the direct costs of producing income taxation under section 527 of the or airing electioneering communications, prior Internal Revenue Code. to making the first disbursement for the direct costs of producing or airing an electioneering (11) “Political committee” means any of the communication, shall file a notice with the office of following: the secretary of state that the person is intending to make such disbursements. (a) Any committee, club, association, or other group of persons that receives contributions (D)(1) Every person that makes a disbursement or aggregating in excess of one thousand disbursements for the direct costs of producing dollars during a calendar year or that makes and airing electioneering communications expenditures aggregating in excess of one aggregating in excess of ten thousand dollars thousand dollars during a calendar year; during any calendar year shall file, within twenty-four hours of each disclosure date, a (b) Any separate segregated fund; disclosure of electioneering communications statement containing the following information: (c) Any state, county, or local committee of a political party that does any of the following: (a) The full name and address of the person making the disbursement, of any person (i) Receives contributions aggregating in sharing or exercising direction or control excess of five thousand dollars during a over the activities of the person making the calendar year; disbursement, and of the custodian of the (ii) Makes payments that do not constitute books and accounts of the person making the contributions or expenditures aggregating disbursement;

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(b) The principal place of business of the (a) The month, day, and year that the contributor person making the disbursement, if not an made the contribution or contributions individual; aggregating two hundred dollars or more;

(c) The amount of each disbursement of more (b)(i) The full name and address of the than one dollar during the period covered by contributor, and, if the contributor is a the statement and the identity of the person political action committee, the registration to whom the disbursement was made; number assigned to the political action committee under division (D)(1) of section (d) The nominations or elections to which the 3517.10 of the Revised Code; electioneering communications pertain and the names, if known, of the candidates (ii) If the contributor is an individual, the identified or to be identified; name of the individual’s current employer, if any, or, if the individual is self-employed, (e) If the disbursements were paid out of a the individual’s occupation and the name segregated bank account that consists of of the individual’s business, if any; funds contributed solely by individuals who are United States citizens or nationals (iii) If the contribution is transmitted pursuant or lawfully admitted for permanent to section 3599.031 of the Revised Code residence as defined in section 101(a)(20) from amounts deducted from the wages of the Immigration and Nationality Act and salaries of two or more employees directly to the account for electioneering that exceed in the aggregate one hundred communications, the information specified dollars during the period specified in in division (D)(2) of this section for all division (D)(1)(e) or (f) of this section, contributors who contributed an aggregate as applicable, the full name of the amount of two hundred dollars or more to employees’ employer and the full name the segregated bank account and whose of the labor organization of which the contributions were used for making the employees are members, if any. disbursement or disbursements required to be reported under division (D) of this section (c) A description of the contribution, if other during the period covered by the statement. than money; Nothing in this division prohibits or shall be construed to prohibit the use of funds in such (d) The value in dollars and cents of the a segregated bank account for a purpose contribution. other than electioneering communications. (3) Subject to the secretary of state having (f) If the disbursements were paid out of funds implemented, tested, and verified the successful not described in division (D)(1)(e) of this operation of any system the secretary of state section, the information specified in division prescribes pursuant to divisions (C)(6)(b) and (D)(2) of this section for all contributors (D)(6) of section 3517.10 and division (H)(1) who contributed an aggregate amount of of section 3517.106 of the Revised Code for two hundred dollars or more to the person the filing of campaign finance statements by making the disbursement and whose electronic means of trans-mission, a person contributions were used for making the shall file the disclosure of electioneering disbursement or disbursements required to communications statement prescribed under be reported under division (D) of this section divisions (D)(1) and (2) of this section by during the period covered by the statement. electronic means of transmission to the office of the secretary of state. (2) For each contributor for which information is required to be reported under division (D)(1)(e) Within five business days after the secretary or (f) of this section, all of the following shall be of state receives a disclosure of electioneering reported:

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communications statement under this division, individual’s occupation and the name of the the secretary of state shall make available online individual’s business, if any, to the recipient of to the public through the internet, as provided the contribution at the time the contribution is in division (I) of section 3517.106 of the Revised made. Code, the contribution and disbursement (F) In each electioneering communication, a information in that statement. statement shall appear or be presented in a clear and If a filed disclosure of electioneering conspicuous manner that does both of the following: communications statement is found to be (1) Clearly indicates that the electioneering incomplete or inaccurate after its examination communication is not authorized by the for completeness and accuracy pursuant to candidate or the candidate’s campaign division (B)(3)(a) of section 3517.11 of the committee; Revised Code, the person shall file by electronic (2) Clearly identifies the person making means of transmission to the office of the the disbursement for the electioneering secretary of state any addendum, amendment, communication in accordance with section or other correction to the statement that 3517.20 of the Revised Code. provides the information necessary to complete or correct the statement or, if required by (G) Any coordinated electioneering communication the secretary of state under that division, an is an in-kind contribution, subject to the applicable amended statement. contribution limits prescribed in section 3517.102 of the Revised Code, to the candidate by the person Within five business days after the secretary making disbursements to pay the direct costs of of state receives an addendum, amendment, producing or airing the communication. or other correction to a disclosure of electioneering communications statement or (H) No person shall make, during the thirty days an amended statement by electronic means of preceding a primary election or during the thirty days transmission under this division or division (B) preceding a general election, any broadcast, cable, (3)(a) of section 3517.11 of the Revised Code, or satellite communication that refers to a clearly the secretary of state shall make the contribution identified candidate using any contributions received and disbursement information in the addendum, from a corporation or labor organization. amendment, or other correction to the statement or amended statement available online to the 3517.1012 Restricted fund; deposit and public through the internet as provided in disbursement statements division (I) of section 3517.106 of the Revised Code. (A)(1) Each state and county political party shall establish a restricted fund that is separate from (E)(1) Any person who makes a contribution for the all other accounts of the political party. purpose of funding the direct costs of producing or airing an electioneering communication (2) A state or county political party shall deposit under this section shall provide the person’s into its restricted fund all public moneys full name and address to the recipient of the received from the Ohio political party fund contribution at the time the contribution is under section 3517.17 of the Revised Code made. and all gifts that are made to or accepted by the political party from a corporation or (2) Any individual who makes a contribution or labor organization subject to the applicable contributions aggregating two hundred dollars limitations prescribed in division (X) of section or more for the purpose of funding the direct 3517.13 of the Revised Code. A state or county costs of producing or airing an electioneering political party may deposit into its restricted communication under this section shall provide fund any gifts that are made to or accepted by the name of the individual’s current employer, the political party from a source other than a if any, or, if the individual is self-employed, the corporation or labor organization.

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(3) Moneys in a state or county political party’s account as described in division (D) of this restricted fund may be disbursed to pay costs section, if the gift is specifically designated incurred for any of the purposes specified in and used to defray any cost incurred on or division (A) of section 3517.18 of the Revised after the effective date of this section for voter Code. registration, voter identification, get-out-the- vote, or generic campaign activities that would (B) Except as otherwise provided in this division, a not otherwise be considered a contribution or state or county political party shall file deposit and expenditure. disbursement statements, in the same manner as the party is required to file statements of contributions (2)(a) All gifts made by a corporation, nonprofit and expenditures under section 3517.10 of the corporation, or labor organization under Revised Code, regarding all deposits made into, and division (B)(1) of this section shall be limited all disbursements made from, the party’s restricted to an aggregate amount of ten thousand fund. Deposit and disbursement statements filed dollars in a calendar year in which a in accordance with this division by a county candidate for federal office will appear on a political party shall be filed by electronic means of ballot at an election to be held in this state. transmission to the office of the secretary of state at the times specified in division (A) of section 3517.10 (b) No corporation, nonprofit corporation, or of the Revised Code for the filing of statements of labor organization shall make a gift under contributions and expenditures if the county political division (B)(1) of this section in any year in party accepts gifts from a corporation or labor which no candidate for federal office will organization under division (A)(2) of this section. appear on the ballot at an election to be held in this state. 3517.1013 Levin account gifts; statement of (3) The limitation described in division (B)(2)(a) disbursements; restrictions of this section is in addition to any limitation described in section 3517.1012 or any other (A) As used in this section: section of the Revised Code. (1) “Gift” means a gift, subscription, loan, advance, (C)(1) Each state political party that receives a gift or deposit of money, or anything of value given under this section shall file, by electronic means to a state political party that is specifically of transmission to the office of the secretary designated and used to defray any cost incurred of state, a full, true, and itemized statement on or after the effective date of this section for describing the gift received and the manner voter registration, voter identification, get- in which disbursements were made from the out-the-vote, or generic campaign activities, account. The statement shall be filed at the same and that is not used for the purpose of directly time as and in conjunction with each filing of a influencing the election of any individual deposit and disbursement statement by the state candidate in any particular election for any political party in accordance with division (B) of office. section 3517.1012 of the Revised Code. (2) “Address” has the same meaning as in section (2) Each statement required under division (C)(1) 3517.10 of the Revised Code. of this section shall contain all of the following (3) “Political party” means a major political party information: as defined in section 3501.01 of the Revised (a) The full name and address of the state Code. political party filing the statement and the full name and address of the party’s treasurer; (B)(1) Notwithstanding section 3599.03 of the Revised Code, any person, including a for-profit (b) A description of each gift received, which or nonprofit corpo-ration, but not including shall include all of the following: a public utility, may make a gift to a Levin

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(i) The month, day, and year on which the gift get-out-the-vote, or generic campaign activities that was received; would not otherwise be considered a contribution or expenditure. (ii) The full name and address of each donor of the gift; (G)(1) Before receiving a gift under this section, each state political party shall appoint a treasurer (iii) The nature of the gift, if other than money; and file, on a form prescribed by the secretary of state, a designation of that appointment. (iv) The value of the gift in dollars and cents. The designation shall include the full name Each gift received shall be itemized and address of the political party for which separately, regardless of its amount or the person has been appointed treasurer. The value. designation shall be filed with the secretary of (c) An itemization of the manner in which each state. disbursement was made, which shall include (2) The treasurer shall keep a strict account of all all of the following: gifts required to be reported under this section. (i) The name and address of the recipient of (3) A state political party that has already filed the disbursement; the form required under division (G)(1) of this (ii) The date of the disbursement; section prior to receiving a contribution or making an expenditure is considered to have (iii) The amount of the disbursement; met the requirements of that division.

(iv) The method by which the disbursement (H) Upon request, the secretary of state shall issue was made, such as by cash or check. a receipt for each statement filed under this section. The secretary of state shall maintain a record of the (d) The total value of gifts received and gifts filing for at least six years. All statements filed under disbursed during the reporting period. this section shall be open to public inspection in the office in which they are filed. (D) All monetary gifts given pursuant to this section shall be deposited in an account separate from 3517.1014 Transition Fund other funds and shall be maintained in that separate account, which account shall be designated a “Levin (A) As used in this section: account.” Moneys in a Levin account shall be used only for voter registration, voter identification, get- (1) “Donation” means a gift, subscription, loan, out-the-vote, or generic campaign activities that advance, or deposit of money, or anything of would not otherwise be considered a contribution or value that is specifically designated and used to expenditure. defray any costs incurred for transition activities and inaugural celebrations and that is not used (E)(1) No state political party shall fail to file a for the purpose of directly influencing the statement required to be filed under this section. election of any candidate for any office.

(2) No state political party shall knowingly fail to (2) “Costs incurred for transition activities and report, or shall knowingly misrepresent, a gift inaugural celebrations” means legitimate and required to be reported on a statement required verifiable costs that are incurred for ordinary to be filed under this section. and necessary activities associated with either of the following: (F) No state political party shall expend or use a gift received under this section for a purpose other than to (a) The transfer of power or authority from one defray a cost incurred on or after the effective date of officeholder to another following a general or this section for voter registration, voter identification, special election or appointment to office;

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(b) Ceremonies, events, or activities (3)(a) An officeholder who is elected at a general commemorating the commencement of a election or who may be elected at a general term or the commencement of an unexpired election and who wishes to establish a transition term of an officeholder. fund shall establish that fund not later than the last day of December of the year in which the “Costs incurred for transition activities and election was held. inaugural celebrations” includes, but is not limited to, costs incurred for office expenses; (b) An officeholder who is appointed and who salaries for transition personnel; consulting wishes to establish a transition fund shall fees; and food, beverages, and entertainment establish that fund not later than forty-five at an inaugural celebration. days after the day the person is appointed to office. (3) “Officeholder” means a person who has been or who may have been elected to any elective (c) An officeholder who is elected at a special office other than a judicial office or who has election or who may be elected at a special been appointed to any elective office other than election and who wishes to establish a a judicial office. transition fund shall establish that fund not later than forty-five days after the day of the (B)(1)(a) An officeholder may establish a transition special election. fund to receive donations and to pay costs incurred for transition activities and inaugural (C)(1)(a) Any campaign committee and any person, celebrations. The officeholder shall file a including a for-profit corporation, may make a statement with the secretary of state establishing donation to a transition fund. the fund and designating a treasurer for the (b) No campaign committee or person shall fund. The secretary of state shall specify, by rule, make a donation or donations to a transition the form of the statement. fund of an officeholder for the joint offices of governor and lieutenant governor aggregating (b) The treasurer shall terminate the transition more than ten thousand dollars. fund not later than one hundred twenty days after the fund is established. Donations (c) No campaign committee or person shall may be accepted for and deposited into a make a donation or donations to a transition transition fund, and disbursements may be fund of any officeholder other than an made from a transition fund, only during the officeholder for the joint offices of governor fund’s existence. Costs incurred for transition and lieutenant governor aggregating more activities and inaugural celebrations that are than two thousand five hundred dollars. to be paid for with moneys from the fund shall be incurred only during the fund’s (2) No officeholder shall accept a donation unless existence. both of the following apply:

(2) An officeholder may establish a transition fund: (a) The officeholder has established a transition fund under division (B) of this section; and (a) The day after the day of the election at which the person seeks election to office, if, based (b) The donation is deposited to the credit of that on the number of ballots outstanding for fund. that election and the unofficial results of the (3)(a) No officeholder for the joint offices of governor election, it is mathematically possible for the and lieutenant governor or treasurer of a person to have been elected to that office; transition fund for the joint offices of governor (b) After the person has been appointed to fill a and lieutenant governor shall accept a donation vacancy in an unexpired term of an elective or donations from any one campaign committee office. or any one person aggregating more than ten thousand dollars.

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(b) No officeholder other than an officeholder (a) The full name and address of the treasurer for the joint offices of governor and filing the statement and the full name and lieutenant governor and no treasurer of a address of the officeholder who is the transition fund for any officeholder other beneficiary of the transition fund; than an officeholder for the joint offices of governor and lieutenant governor shall (b) The balance in the transition fund brought accept a donation or donations from any forward from the most recently filed one campaign committee or any one person statement, if any; aggregating more than two thousand five hundred dollars. (c) A statement of donations received, which shall include all of the following: (D)(1)(a) The treasurer of a transition fund shall keep a strict account of all donations to the fund and (i) The month, day, and year on which each all disbursements from the fund. donation was received;

(b) The treasurer of a transition fund shall (ii) The full name and street address of each deposit all monetary donations received donor; by the transition fund into a separate bank (iii) The nature of each donation, if other than or financial institution account established money; solely for the transition fund. (iv) The value of each donation in dollars and (2) The treasurer of a transition fund shall file, by cents; and electronic means of transmission to the office of the secretary of state, a full, true, and itemized (v) If applicable, the name of the donor’s statement describing each donation received current employer, or, if the donor is self- and each disbursement made from the fund not employed, the donor’s occupation and the later than four p.m. of the following dates: name of the donor’s business.

(a) The fifteenth day of January of the calendar (d) A statement of disbursements, which shall year following the general election at which include all of the following: the officeholder was elected, or, if the officeholder was elected at a special election (i) The name and address of the recipient of or appointed to office, the sixty-fifth day each disbursement; after the transition fund is created, to reflect donations received and disbursements made (ii) The date of each disbursement; from the creation of the transition fund to the close of business on the fifth day before the (iii) The amount of each disbursement; statement is required to be filed; (iv) The purpose for which each disbursement (b) The fifteenth day of each subsequent month was made; and of the fund’s existence, to reflect donations received and disbursements made from the (v) The date the transition fund incurred close of business on the last day reflected the cost for which the disbursement was in the last previously filed statement to the made. close of business on the fifth day before the (e) The balance remaining in the fund. statement is required to be filed. (E)(1) No treasurer of a transition fund shall knowingly (3) Each statement required under division (D) fail to file a statement required to be filed under (2) of this section shall contain the following this section. information:

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(2) No treasurer of a transition fund shall knowingly (a) Giving the amount, pro rata, to all persons fail to report, or shall knowingly misrepresent, a who made donations to that transition fund donation required to be reported on a statement as a refund of all or part of their donations; required to be filed under this section. (b) Giving the amount to a corporation that (3) No treasurer of a transition fund shall knowingly is exempt from federal income taxation fail to report, or shall knowingly misrepresent, under subsection 501(a) and described in a disbursement required to be reported on a subsection 501(c) of the Internal Revenue statement required to be filed under this section. Code.

(F) Upon request, the secretary of state shall issue a (2) If, upon the completion of the canvass of receipt for each statement filed under this section. election returns for the election at which the The secretary of state shall maintain a record of the beneficiary of a transition fund seeks election to filing for at least ten years. All statements filed under office, it is determined that the beneficiary has this section shall be open to public inspection in the not been elected to that office, within thirty days office in which they are filed. after the completion of the canvass the treasurer of the beneficiary’s transition fund shall dispose (G)(1) Except as otherwise provided in division (H) of all assets remaining in the transition fund in (1) or (2) of this section, no treasurer of a the manner provided in division (H)(1) of this transition fund shall make a disbursement from section. the fund for a purpose other than to pay costs incurred for transition activities and inaugural (3) In disposing of assets under division (H)(1) or (2) celebrations. of this section, the treasurer of a transition fund shall not refund to any campaign committee (2) No treasurer of a transition fund shall make any donation received from that campaign a disbursement from the fund to make a committee. contribution to a campaign committee, political action committee, legislative campaign fund, (I)(1) Not later than one hundred twenty days after political party, or political contributing entity. a transition fund has been established, the treasurer of the transition fund shall file a final (3) No treasurer of a transition fund shall make statement of donations and disbursements under a disbursement from the fund to reimburse division (D) of this section that shall include the any personal expenses of the beneficiary of disbursements made under division (H)(1) of this the transition fund, except to reimburse the section, as applicable. The final statement shall beneficiary of the transition fund for costs be filed with a termination statement that meets incurred for transition activities and inaugural the requirements of division (I)(3) of this section. celebrations. (2) Not later than thirty-five days after a (4) No treasurer of a transition fund shall make a determination that the beneficiary of a transition disbursement from the fund for the purpose of fund has not been elected to office under influencing the results of any election. division (H)(2) of this section, the treasurer of the transition fund shall file a final statement (H)(1) Except as otherwise provided in division (H) of donations and disbursements under division (2) of this section, after the payment of all costs (D) of this section that shall include the incurred for transition activities and inaugural disbursements made under division (H)(2) of this celebrations, the treasurer of the transition fund section, as applicable. The final statement shall shall dispose of any money or assets remaining be filed with a termination statement that meets in the transition fund prior to terminating the the requirements of division (I)(3) of this section. fund by doing either of the following: (3) The secretary of state shall specify, by rule, the form of the termination statement required

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to be filed under division (I)(1) or (2) of this other political action committees or political section. The rule shall require that a copy of contributing entities, political parties, and all available statements from the bank or other campaign committees, except as set forth financial institution that held transition fund in division (A)(3) of this section, legislative moneys be filed with the termination statement. campaign funds, and state and national political The bank or financial institution statements parties shall file the statements prescribed by shall contain a zero balance confirming that section 3517.10 of the Revised Code with the all transition fund moneys were disposed of secretary of state. prior to the termination of the transition fund. If final bank or financial institution statements (2)(a) Except as otherwise provided in division are not available at the time of the filing of the (F) of section 3517.106 of the Revised Code, termination statement, the rule shall require the campaign committees of candidates for all other treasurer of the transition fund to do both of the offices shall file the statements prescribed by following: section 3517.10 of the Revised Code with the board of elections where their candidates are (a) State in the termination statement that all required to file their petitions or other papers for transition fund moneys were disposed of nomination or election. prior to the termination of the transition fund; (b) A campaign committee of a candidate for (b) File with the secretary of state copies of the office of member of the general assembly final bank or financial institution statements or a campaign committee of a candidate for within five days after the treasurer receives the office of judge of a court of appeals shall those statements from the bank or financial file two copies of the printed version of any institution. statement, addendum, or amended statement if the committee does not file pursuant to (4) Upon the filing of a termination statement, the division (F)(1) or (L) of section 3517.106 of transition fund shall cease to exist. the Revised Code but files by printed version only with the appropriate board of elections. 3517.11 Procedures relating to reports of The board of elections shall send one of those contributions and expenditures copies by certified mail to the secretary of state before the close of business on the day (A)(1) Campaign committees of candidates for the board of elections receives the statement, statewide office or the state board of education, addendum, or amended statement. political action committees or political contributing entities that make contributions (3) Political action committees or political to campaign committees of candidates that are contributing entities that only contribute to a required to file the statements prescribed by county political party, contribute to campaign section 3517.10 of the Revised Code with the committees of candidates whose nomination secretary of state, political action committees or election is to be submitted only to electors or political contributing entities that make within a county, subdivision, or district, contributions to campaign committees of excluding candidates for member of the candidates for member of the general assembly, general assembly, and receive contributions political action committees or political or make expenditures in connection with contributing entities that make contributions ballot questions or issues to be submitted to state and national political parties and to only to electors within a county, subdivision, legislative campaign funds, political action or district shall file the statements prescribed committees or political contributing entities by section 3517.10 of the Revised Code with that receive contributions or make expenditures the board of elections in that county or in the in connection with a statewide ballot issue, county contained in whole or part within the political action committees or political subdivision or district having a population contributing entities that make contributions to greater than that of any other county contained

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in whole or part within that subdivision or the person who filed it shall be notified by district, as the case may be. certified mail as to the incomplete or inaccurate nature of the statement. The secretary of state (4) Except as otherwise provided in division (E)(3) may examine statements filed for candidates of section 3517.106 of the Revised Code with for the office of member of the general respect to state candidate funds, county political assembly and candidates for the office of judge parties shall file the statements prescribed by of a court of appeals for completeness and section 3517.10 of the Revised Code with the accuracy. The secretary of state shall examine board of elections of their respective counties. for completeness and accuracy statements that campaign committees of candidates for (B)(1) The official with whom petitions and other the office of member of the general assembly papers for nomination or election to public and campaign committees of candidates office are filed shall furnish each candidate for the office of judge of a court of appeals at the time of that filing a copy of sections file pursuant to division (F) or (L) of section 3517.01, 3517.08 to 3517.11, 3517.13 to 3517.106 of the Revised Code. If an officer 3517.993, 3599.03, and 3599.031 of the at the board of elections where a statement Revised Code and any other materials that the filed for a candidate for the office of member secretary of state may require. Each candidate of the general assembly or for a candidate for receiving the materials shall acknowledge their the office of judge of a court of appeals was receipt in writing. submitted finds the statement to be incomplete or inaccurate, the officer shall immediately (2) On or before the tenth day before the dates on notify the secretary of state of its incomplete which statements are required to be filed by or inaccurate nature. If either an officer at the section 3517.10 of the Revised Code, every board of elections or the secretary of state finds candidate subject to the provisions of this a statement filed for a candidate for the office section and sections 3517.10 and 3517.106 of member of the general assembly or for a of the Revised Code shall be notified of the candidate for the office of judge of a court of requirements and applicable penalties of those appeals to be incomplete or inaccurate, only sections. The secretary of state, by certified the secretary of state shall send the notification mail, return receipt requested, shall notify all as to the incomplete or inaccurate nature of the candidates required to file those statements statement. with the secretary of state’s office. The board of elections of every county shall notify by first Within twenty-one days after receipt of the class mail any candidate who has personally notice, in the case of a pre-election statement, appeared at the office of the board on or before a postelection statement, a monthly statement, the tenth day before the statements are required an annual statement, or a semiannual statement to be filed and signed a form, to be provided prescribed by section 3517.10, an annual by the secretary of state, attesting that the statement prescribed by section 3517.101, or a candidate has been notified of the candidate’s statement prescribed by division (B)(2)(b) or (C) obligations under the campaign finance law. The (2)(b) of section 3517.105 or section 3517.107 board shall forward the completed form to the of the Revised Code, the recipient shall file an secretary of state. The board shall use certified addendum, amendment, or other correction mail, return receipt requested, to notify all other to the statement providing the information candidates required to file those statements with necessary to complete or correct the statement. it. The secretary of state may require that, in lieu of filing an addendum, amendment, or (3)(a) Any statement required to be filed under other correction to a statement that is filed by sections 3517.081 to 3517.17 of the Revised electronic means of transmission to the office Code that is found to be incomplete or of the secretary of state pursuant to section inaccurate by the officer to whom it is submitted 3517.106 of the Revised Code, the recipient shall be accepted on a conditional basis, and

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of the notice described in this division file by (b) Within five business days after the secretary of electronic means of transmission an amended state receives, by electronic or other means of statement that incorporates the information transmission, an addendum, amendment, or necessary to complete or correct the statement. other correction to a statement or an amended statement under division (B)(3)(a) of this section, The secretary of state shall determine by rule the secretary of state, pursuant to divisions (E), when an addendum, amendment, or other (F), (G), and (I) of section 3517.106 or division correction to any of the following or when an (D) of section 3517.1011 of the Revised Code, amended statement of any of the following shall shall make the contribution and expenditure, be filed: contribution and disbursement, deposit and disbursement, gift and disbursement, or (i) A two-business-day statement prescribed by donation and disbursement information in section 3517.10 of the Revised Code; that addendum, amendment, correction, or amended statement available online to the (ii) A disclosure of electioneering public through the internet. communications statement prescribed by division (D) of section 3517.1011 of the (4)(a) The secretary of state or the board of elections Revised Code; shall examine all statements for compliance with sections 3517.08 to 3517.17 of the Revised (iii) A deposit and disbursement statement Code. prescribed under division (B) of section 3517.1012 of the Revised Code; (b) The secretary of state may contract with an individual or entity not associated with (iv) A gift and disbursement statement prescribed the secretary of state and experienced in under section 3517.1013 of the Revised interpreting the campaign finance law of this Code; state to conduct examinations of statements (v) A donation and disbursement statement filed by any statewide candidate, as defined in prescribed under section 3517.1014 of the section 3517.103 of the Revised Code. Revised Code. (c) The examination shall be conducted by a person An addendum, amendment, or other correction or entity qualified to conduct it. The results of to a statement that is filed by electronic means the examination shall be available to the public, of transmission pursuant to section 3517.106 and, when the examination is conducted by of the Revised Code shall be filed in the same an individual or entity not associated with the manner as the statement. secretary of state, the results of the examination shall be reported to the secretary of state. The provisions of sections 3517.10, 3517.106, 3517.1011, 3517.1012, 3517.1013, and (C)(1) In the event of a failure to file or a late filing 3517.1014 of the Revised Code pertaining of a statement required to be filed under to the filing of statements of contributions sections 3517.081 to 3517.17 of the Revised and expenditures, statements of independent Code, or if a filed statement or any addendum, expenditures, disclosure of electioneering amendment, or other correction to a statement communications statements, deposit and or any amended statement, if an addendum, disbursement statements, gift and disbursement amendment, or other correction or an amended statements, and donation and disbursement statement is required to be filed, is incomplete statements by electronic means of transmission or inaccurate or appears to disclose a failure to apply to the filing of addenda, amendments, comply with or a violation of law, the official or other corrections to those statements by whose duty it is to examine the statement electronic means of transmission and the filing shall promptly file a complaint with the Ohio of amended statements by electronic means of elections commission under section 3517.153 transmission. of the Revised Code if the law is one over

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which the commission has jurisdiction to section, or item of any law shall appoint a treasurer hear complaints, or the official shall promptly and shall file with the secretary of state, on a form report the failure or violation to the board of prescribed by the secretary of state, a designation of elections and the board shall promptly report it that appointment, including the full name and address to the prosecuting attorney in accordance with of the treasurer and of the circulator or committee. division (J) of section 3501.11 of the Revised Code. If the official files a complaint with the (B) The circulator or the committee in charge of an commission, the commission shall proceed initiative or referendum petition, or supplementary in accordance with sections 3517.154 to petition for additional signatures, for the submission 3517.157 of the Revised Code. of a constitutional amendment, proposed law, section, or item of any law shall, within thirty (2) For purposes of division (C)(1) of this section, days after those petition papers are filed, file with a statement or an addendum, amendment, or the secretary of state, on a form prescribed by the other correction to a statement or an amended secretary of state, an itemized statement, made under statement required to be filed under sections penalty of election falsification, showing in detail the 3517.081 to 3517.17 of the Revised Code is following: incomplete or inaccurate under this section if the statement, addendum, amendment, (1) All money or things of value paid, given, other correction, or amended statement fails promised, or received for circulating the to disclose substantially all contributions petitions; or, gifts, or donations that are received or deposits that are made that are required to be (2) All appointments, promotions, or increases in reported under sections 3517.10, 3517.107, salary, in positions which were given, promised, 3517.108, 3517.1011, 3517.1012, 3517.1013, or received, or to obtain which assistance was and 3517.1014 of the Revised Code or if the given, promised, or received as a consideration statement, addendum, amendment, other for work done in circulating petitions; correction, or amended statement fails to (3) Full names and addresses, including street, city, disclose at least ninety per cent of the total and state, of all persons to whom such payments contributions, gifts, or donations received or or promises were made and of all persons deposits made or of the total expenditures from whom such payments or promises were or disbursements made during the reporting received; period. (4) Full names and addresses, including street, (D) No certificate of nomination or election shall be city, and state, of all persons who contributed issued to a person, and no person elected to an office anything of value to be used in circulating shall enter upon the performance of the duties of that the petitions, and the amounts of those office, until that person or that person’s campaign contributions; committee, as appropriate, has fully complied with this section and sections 3517.08, 3517.081, (5) Time spent and salaries earned while soliciting 3517.10, and 3517.13 of the Revised Code. signatures to petitions by persons who were regular salaried em-ployees of some person or 3517.12 Appointment of treasurer; report of whom that employer authorized to solicit as part receipts and expenditures on initiative and of their regular duties. referendum petitions If no money or things of value were paid (A) Prior to receiving a contribution or making an or received or if no promises were made or expenditure, the circulator or committee in charge of received as a consideration for work done an initiative or referendum petition, or supplementary in circulating a petition, the statement shall petition for additional signatures, for the submission contain words to that effect. of a constitutional amendment, proposed law,

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(C) The treasurer designated under division (A) of (F) No person shall make cash contributions to any this section shall file statements of contributions and person totaling more than one hundred dollars in expenditures in accordance with section 3517.10 of each primary, special, or general election. the Revised Code regarding all contributions made or received and all expenditures made by that treasurer (G)(1) No person shall knowingly conceal or or the circulator or committee in connection with the misrepresent contributions given or received, initiative or referendum petition, or supplementary expenditures made, or any other information petition for additional signatures, for the submission required to be reported by a provision in of a constitutional amendment, proposed law, sections 3517.08 to 3517.13 and 3517.17 of the section, or item of any law. Revised Code.

3517.13 Failure to file statements. (2)(a) No person shall make a contribution to a campaign committee, political action (A)(1) No campaign committee of a statewide committee, political contributing entity, candidate shall fail to file a complete and legislative campaign fund, political party, or accurate statement required under division (A) person making disbursements to pay the direct (1) of section 3517.10 of the Revised Code. costs of producing or airing electioneering communications in the name of another person. (2) No campaign committee of a statewide candidate shall fail to file a complete and (b) A person does not make a contribution in the accurate monthly statement, and no campaign name of another when either of the following committee of a statewide candidate or a applies: candidate for the office of chief justice or justice of the supreme court shall fail to file a complete (i) An individual makes a contribution from a and accurate two-business-day statement, as partnership or other unincorporated business required under section 3517.10 of the Revised account, if the contribution is reported by Code. listing both the name of the partnership or other unincorporated business and the As used in this division, “statewide candidate” name of the partner or owner making the has the same meaning as in division (F)(2) of contribution as required under division (I) of section 3517.10 of the Revised Code. section 3517.10 of the Revised Code.

(B) No campaign committee shall fail to file a (ii) A person makes a contribution in that complete and accurate statement required under person’s spouse’s name or in both of their division (A)(1) of section 3517.10 of the Revised names. Code. (H) No person within this state, publishing a (C) No campaign committee shall fail to file a newspaper or other periodical, shall charge a complete and accurate statement required under campaign committee for political advertising a rate division (A)(2) of section 3517.10 of the Revised in excess of the rate such person would charge if the Code. campaign committee were a general rate advertiser whose advertising was directed to promoting its (D) No campaign committee shall fail to file a business within the same area as that encompassed complete and accurate statement required under by the particular office that the candidate of the division (A)(3) or (4) of section 3517.10 of the Revised campaign committee is seeking. The rate shall take Code. into account the amount of space used, as well as the type of advertising copy submitted by or on behalf (E) No person other than a campaign committee shall of the campaign committee. All discount privileges knowingly fail to file a statement required under otherwise offered by a newspaper or periodical to section 3517.10 or 3517.107 of the Revised Code. general rate advertisers shall be available upon equal terms to all campaign committees.

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No person within this state, operating a radio or of that period, one or more contributions totaling television station or network of stations in this state, in excess of one thousand dollars to the holder of shall charge a campaign committee for political a public office having ultimate responsibility for broadcasts a rate that exceeds: the award of the contract or to the public officer’s campaign committee. (1) During the forty-five days preceding the date of a primary election and during the sixty days (K) For purposes of divisions (I) and (J) of this section, preceding the date of a general or special if a public officer who is responsible for the award election in which the candidate of the campaign of a contract is appointed by the governor, whether committee is seeking office, the lowest unit or not the appointment is subject to the advice and charge of the station for the same class and consent of the senate, excluding members of boards, amount of time for the same period; commissions, committees, authorities, councils, boards of trustees, task forces, and other such entities (2) At any other time, the charges made for appointed by the governor, the office of the governor comparable use of that station by its other users. is considered to have ultimate responsibility for the award of the contract. (I) Subject to divisions (K), (L), (M), and (N) of this section, no agency or department of this state or any (L) For purposes of divisions (I) and (J) of this section, political subdivision shall award any contract, other if a public officer who is responsible for the award than one let by competitive bidding or a contract of a contract is appointed by the elected chief incidental to such contract or which is by force executive officer of a municipal corporation, or account, for the purchase of goods costing more than appointed by the elected chief executive officer of a five hundred dollars or services costing more than county operating under an alternative form of county five hundred dollars to any individual, partnership, government or county charter, excluding members association, including, without limitation, a of boards, commissions, committees, authorities, professional association organized under Chapter councils, boards of trustees, task forces, and other 1785. of the Revised Code, estate, or trust if the such entities appointed by the chief executive officer, individual has made or the individual’s spouse has the office of the chief executive officer is considered made, or any partner, shareholder, administrator, to have ultimate responsibility for the award of the executor, or trustee or the spouse of any of them contract. has made, as an individual, within the two previous calendar years, one or more contributions totaling (M) (1) Divisions (I) and (J) of this section do not in excess of one thousand dollars to the holder of apply to contracts awarded by the board the public office having ultimate responsibility for of commissioners of the sinking fund, the award of the contract or to the public officer’s municipal legislative authorities, boards of campaign committee. education, boards of county commissioners, boards of township trustees, or other boards, (J) Subject to divisions (K), (L), (M), and (N) of this commissions, committees, authorities, councils, section, no agency or department of this state or any boards of trustees, task forces, and other such political subdivision shall award any contract, other entities created by law, by the supreme court or than one let by competitive bidding or a contract courts of appeals, by county courts consisting of incidental to such contract or which is by force more than one judge, courts of common pleas account, for the purchase of goods costing more than consisting of more than one judge, or municipal five hundred dollars or services costing more than courts consisting of more than one judge, or by five hundred dollars to a corporation or business trust, a division of any court if the division consists of except a professional association organized under more than one judge. This division shall apply Chapter 1785. of the Revised Code, if an owner to the specified entity only if the members of the of more than twenty per cent of the corporation or entity act collectively in the award of a contract business trust or the spouse of that person has made, for goods or services. as an individual, within the two previous calendar years, taking into consideration only owners for all

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(2) Divisions (I) and (J) of this section do not apply (1) Legitimate and verifiable prior campaign to actions of the controlling board. expenses incurred by the beneficiary;

(N) (1) Divisions (I) and (J) of this section apply to (2) Legitimate and verifiable ordinary and necessary contributions made to the holder of a public prior expenses incurred by the beneficiary in office having ultimate responsibility for the connection with duties as the holder of a public award of a contract, or to the public officer’s office, including, without limitation, expenses campaign committee, during the time the incurred through participation in nonpartisan person holds the office and during any time or bipartisan events if the participation of the such person was a candidate for the office. holder of a public office would normally be Those divisions do not apply to contributions expected; made to, or to the campaign committee of, a candidate for or holder of the office other than (3) Legitimate and verifiable ordinary and the holder of the office at the time of the award necessary prior expenses incurred by the of the contract. beneficiary while doing any of the following:

(2) Divisions (I) and (J) of this section do not apply (a) Engaging in activities in support of or to contributions of a partner, shareholder, opposition to a candidate other than the administrator, executor, trustee, or owner of beneficiary, political party, or ballot issue; more than twenty per cent of a corporation or business trust made before the person held any (b) Raising funds for a political party, political of those positions or after the person ceased to action committee, political contributing hold any of those positions in the partnership, entity, legislative campaign fund, campaign association, estate, trust, corporation, or committee, or other candidate; business trust whose eligibility to be awarded (c) Participating in the activities of a political a contract is being determined, nor to party, political action committee, political contributions of the person’s spouse made contributing entity, legislative campaign fund, before the person held any of those positions, or campaign committee; after the person ceased to hold any of those positions, before the two were married, after (d) Attending a political party convention or the granting of a decree of divorce, dissolution other political meeting. of marriage, or annulment, or after the granting of an order in an action brought solely for For purposes of this division, an expense is legal separation. Those divisions do not apply incurred whenever a beneficiary has either to contributions of the spouse of an individual made payment or is obligated to make whose eligibility to be awarded a contract is payment, as by the use of a credit card or being determined made before the two were other credit procedure or by the use of goods married, after the granting of a decree of or services received on account. divorce, dissolution of marriage, or annulment, or after the granting of an order in an action (P) No beneficiary of a campaign fund shall brought solely for legal separation. knowingly accept, and no person shall knowingly give to the beneficiary of a campaign fund, (O) No beneficiary of a campaign fund or other reimbursement for an expense under division (O) of person shall convert for personal use, and no person this section to the extent that the expense previously shall knowingly give to a beneficiary of a campaign was reimbursed or paid from another source of fund or any other person, for the beneficiary’s or any funds. If an expense is reimbursed under division other person’s personal use, anything of value from (O) of this section and is later paid or reimbursed, the beneficiary’s campaign fund, including, without wholly or in part, from another source of funds, the limitation, payments to a beneficiary for services beneficiary shall repay the reimbursement received the beneficiary personally performs, except as under division (O) of this section to the extent of the reimbursement for any of the following:

Ohio Secretary of State’s Office B-75 Ohio Campaign Finance Handbook payment made or reimbursement received from the Reimbursable expenses under this division do other source. not include, and it is a violation of this division for a candidate or public official or employee to (Q) No candidate or public official or employee accept, or for any person to knowingly give to shall accept for personal or business use anything a candidate or public official or employee from of value from a political party, political action a political party, political action committee, committee, political contributing entity, legislative political contributing entity, legislative campaign campaign fund, or campaign committee other than fund, or campaign committee other than the the candidate’s or public official’s or employee’s candidate’s or public official’s or employee’s own campaign committee, and no person shall own campaign committee, anything of value for knowingly give to a candidate or public official or activities primarily related to the candidate’s or employee anything of value from a political party, public official’s or employee’s own campaign political action committee, political contributing for election, except for contributions to the entity, legislative campaign fund, or such a campaign candidate’s or public official’s or employee’s committee, except for the following: campaign committee.

(1) Reimbursement for legitimate and verifiable For purposes of this division, an expense is ordinary and necessary prior expenses not incurred whenever a candidate or public official otherwise prohibited by law incurred by the or employee has either made payment or is candidate or public official or employee obligated to make payment, as by the use of a while engaged in any legitimate activity of credit card or other credit procedure, or by the the political party, political action committee, use of goods or services on account. political contributing entity, legislative campaign fund, or such campaign committee. Without (R) (1) Division (O) or (P) of this section does limitation, reimbursable expenses under this not prohibit a campaign committee from division include those incurred while doing any making direct advance or post payment from of the following: contributions to vendors for goods and services for which reimbursement is permitted under (a) Engaging in activities in support of or division (O) of this section, except that no opposition to another candidate, political campaign committee shall pay its candidate party, or ballot issue; or other beneficiary for services personally performed by the candidate or other beneficiary. (b) Raising funds for a political party, legislative campaign fund, campaign committee, or (2) If any expense that may be reimbursed under another candidate; division (O), (P), or (Q) of this section is part of other expenses that may not be paid or (c) Attending a political party convention or reimbursed, the separation of the two types other political meeting. of expenses for the purpose of allocating for payment or reimbursement those expenses (2) Compensation not otherwise prohibited by that may be paid or reimbursed may be by any law for actual and valuable personal services reasonable accounting method, considering all rendered under a written contract to the of the surrounding circumstances. political party, political action committee, political contributing entity, legislative campaign (3) For purposes of divisions (O), (P), and (Q) of this fund, or such campaign committee for any section, mileage allowance at a rate not greater legitimate activity of the political party, political than that allowed by the internal revenue action committee, political contributing entity, service at the time the travel occurs may be legislative campaign fund, or such campaign paid instead of reimbursement for actual travel committee. expenses allowable.

B-76 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws

(S) (1) As used in division (S) of this section: section shall knowingly accept a contribution in violation of division (T)(1) of this section. (a) “State elective office” has the same meaning as in section 3517.092 of the Revised Code. (U) No person shall fail to file a statement required under section 3517.12 of the Revised Code. (b) “Federal office” means a federal office as defined in the Federal Election Campaign (V) No campaign committee shall fail to file a Act. statement required under division (K)(3) of section 3517.10 of the Revised Code. (c) “Federal campaign committee” means a principal campaign committee or authorized (W) (1) No foreign national shall, directly or indirectly committee as defined in the Federal Election through any other person or entity, make a Campaign Act. contribution, expenditure, or independent expenditure or promise, either expressly or (2) No person who is a candidate for state elective implicitly, to make a contribution, expenditure, office and who previously sought nomination or independent expenditure in support of or or election to a federal office shall transfer opposition to a candidate for any elective office any funds or assets from that person’s federal in this state, including an office of a political campaign committee for nomination or election party. to the federal office to that person’s campaign committee as a candidate for state elective (2) No candidate, campaign committee, political office. action committee, political contributing entity, legislative campaign fund, state candidate fund, (3) No campaign committee of a person who is political party, or separate segregated fund shall a candidate for state elective office and who solicit or accept a contribution, expenditure, previously sought nomination or election to a or independent expenditure from a foreign federal office shall accept any funds or assets national. The secretary of state may direct any from that person’s federal campaign committee candidate, committee, entity, fund, or party for that person’s nomination or election to the that accepts a contribution, expenditure, or federal office. independent expenditure in violation of this division to return the contribution, expenditure, (T) (1) Except as otherwise provided in division (B)(6) or independent expenditure or, if it is not (c) of section 3517.102 of the Revised Code, a possible to return the contribution, expenditure, state or county political party shall not disburse or independent expenditure, then to return moneys from any account other than a state instead the value of it, to the contributor. candidate fund to make contributions to any of the following: (3) As used in division (W) of this section, “foreign national” has the same meaning as in section (a) A state candidate fund; 441e(b) of the Federal Election Campaign Act.

(b) A legislative campaign fund; (X) (1) No state or county political party shall transfer any moneys from its restricted fund to (c) A campaign committee of a candidate for any account of the political party into which the office of governor, lieutenant governor, contributions may be made or from which secretary of state, auditor of state, treasurer of contributions or expenditures may be made. state, attorney general, member of the state board of education, or member of the general (2) (a) No state or county political party shall assembly. deposit a contribution or contributions that it receives into its restricted fund. (2) No state candidate fund, legislative campaign fund, or campaign committee of a candidate for any office described in division (T)(1)(c) of this

Ohio Secretary of State’s Office B-77 Ohio Campaign Finance Handbook

(b) No state or county political party shall make costing more than five hundred dollars or services a contribution or an expenditure from its costing more than five hundred dollars to a restricted fund. corporation or business trust, except a professional association organized under Chapter 1785. of the (3) (a) No corporation or labor organization shall Revised Code, if an owner of more than twenty per make a gift or gifts from the corporation’s cent of the corporation or business trust, or the spouse or labor organization’s money or property of the owner, has made, as an individual, within the aggregating more than ten thousand dollars to two previous calendar years, taking into consideration any one state or county political party for the only owners for all of such period, one or more party’s restricted fund in a calendar year. contributions totaling in excess of one thousand dollars to the campaign committee of the governor or (b) No state or county political party shall lieutenant governor or to the campaign committee of accept a gift or gifts for the party’s restricted any candidate for the office of governor or lieutenant fund aggregating more than ten thousand governor. dollars from any one corporation or labor organization in a calendar year. 3517.151 Effect of new elections (4) No state or county political party shall transfer commission on complaints any moneys in the party’s restricted fund to any (A) On and after January 1, 1996, complaints with other state or county political party. respect to acts or failures to act under the sections (5) No state or county political party shall listed in division (A) of section 3517.153 of the knowingly fail to file a statement required under Revised Code shall be filed with the Ohio elections section 3517.1012 of the Revised Code. commission created under section 3517.152 of the Revised Code. (Y) The administrator of workers’ compensation and the employees of the bureau of workers’ (B)(1) If a complaint filed with the Ohio elections compensation shall not conduct any business with commission created under section 3517.152 of or award any contract, other than one awarded the Revised Code alleges an act or failure to act by competitive bidding, for the purchase of goods that occurred before August 24, 1995, and the costing more than five hundred dollars or services commission imposes a fine, sections 3517.99 costing more than five hundred dollars to any and 3517.991 of the Revised Code, and not individual, partnership, association, including, sections 3517.992 and 3517.993 of the Revised without limitation, a professional association Code, shall apply. organized under Chapter 1785. of the Revised (2) If a complaint filed with the Ohio elections Code, estate, or trust, if the individual has made, or commission created under section 3517.152 the individual’s spouse has made, or any partner, of the Revised Code alleges an act or failure shareholder, administrator, executor, or trustee, or the to act that is a violation of section 3517.13 of spouses of any of those individuals has made, as an the Revised Code, former divisions (A) to (R) individual, within the two previous calendar years, of that section apply to the act or failure to act one or more contributions totaling in excess of one if it occurred before August 24, 1995, former thousand dollars to the campaign committee of the divisions (A) to (U) of that section apply to governor or lieutenant governor or to the campaign the act or failure to act if it occurs on or after committee of any candidate for the office of governor August 24, 1995, but before July 13, 1998, or lieutenant governor. former divisions (A) to (V) of that section apply (Z) The administrator of workers’ compensation to the act or failure to act if it occurs on or after and the employees of the bureau of workers’ July 13, 1998, but before December 22, 1999, compensation shall not conduct business with or former divisions (A) to (W) of that section apply award any contract, other than one awarded by to the act or failure to act if it occurs on or after competitive bidding, for the purchase of goods December 22, 1999, but before March 31,

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2005, former divisions (A) to (X) of that section required to appoint a member, shall appoint apply to the act or failure to act if it occurs on the seventh member, who shall not be affiliated or after March 31, 2005, and divisions (A) to (Z) with a political party. The seventh member shall of that section apply to the act or failure to act be appointed to a term that ends on December if it occurs on or after the effective date of this 31, 2001. Terms of the initial members amendment. appointed under this division begin on January 1, 1996. (C) The Ohio elections commission created under section 3517.14 of the Revised Code is abolished at (2) If a vacancy occurs in the position of the the close of business on December 31, 1995. seventh member, who is not affiliated with a political party, the six remaining members by 3517.152 Creation and membership of a majority vote shall appoint, not later than elections commission; elections commission forty-five days after the date of the vacancy, fund the seventh member of the commission, who shall not be affiliated with a political party. (A)(1) There is hereby created the Ohio elections If these members fail to appoint the seventh commission consisting of seven members. member within this forty-five-day period, the chief justice of the supreme court, within fifteen Not later than forty-five days after August days after the end of this period, shall appoint 24, 1995, the speaker of the house of the seventh member, who shall not be affiliated representatives and the leader in the senate with a political party. If a vacancy occurs in any of the political party of which the speaker is a of the other six positions on the commission, member shall jointly submit to the governor a the legislative leaders of the political party list of five persons who are affiliated with that from whose list of persons the member being political party. Not later than forty-five days after replaced was appointed shall submit to the August 24, 1995, the two legislative leaders in governor, not later than thirty days after the date the two houses of the general assembly of the of the vacancy, a list of three persons who are major political party of which the speaker is not affiliated with that political party. Not later than a member shall jointly submit to the governor fifteen days after receiving the list, the governor, a list of five persons who are affiliated with the with the advice and consent of the senate, major political party of which the speaker is shall appoint one person from the list to the not a member. Not later than fifteen days after commission. receiving each list, the governor shall appoint three persons from each list to the commission. (3) At no time shall more than six members of the The governor shall appoint one person from commission be affiliated with a political party, each list to a term that ends on December 31, and, of these six members, not more than three 1996, one person from each list to a term that shall be affiliated with the same political party. ends on December 31, 1997, and one person (4) In making appointments to the commission, from each list to a term that ends on December the governor shall take into consideration 31, 1998. the various geographic areas of this state and Not later than thirty days after the governor shall appoint members so that those areas are appoints these six members, they shall, by a represented on the commission in a balanced majority vote, appoint to the commission a manner, to the extent feasible. seventh member, who shall not be affiliated (5) Members of the commission shall be registered with a political party. If the six members fail to electors and shall be of good moral character. appoint the seventh member within this thirty- day period, the chief justice of the supreme (B) Each member of the Ohio elections commission court, not later than thirty days after the end of shall hold office from the date of the member’s the period during which the six members were appointment until the end of the term for which the

Ohio Secretary of State’s Office B-79 Ohio Campaign Finance Handbook member was appointed. A member appointed to (e) Solicit or be involved in soliciting fill a vacancy occurring prior to the expiration of contributions on behalf of a candidate, the term for which the member’s predecessor was campaign committee, political party, political appointed shall hold office for the remainder of that action committee, or political contributing term. A member shall continue in office subsequent entity; to the expiration date of the member’s term until the member’s successor takes office or until a period of (f) Be in the unclassified service under section sixty days has elapsed, whichever occurs first. After 124.11 of the Revised Code; the initial terms of office provided for in division (A) (1) of this section, terms of office shall be for five (g) Be a person or employee who is excluded years. from the definition of public employee pursuant to division (C) of section 4117.01 of (C) A vacancy in the Ohio elections commission may the Revised Code. be caused by death, resignation, or three absences from com-mission meetings in a calendar year if those (2) No member or employee of the commission absences are caused by reasons declared invalid by a shall make a contribution to, or for the benefit vote of five members of the remaining members of the of, a campaign committee or committee in commission. support of or opposition to a ballot question or issue, a political party, a legislative campaign (D) Each member of the Ohio elections commission fund, a political action committee, or a political while in the performance of the business of the contributing entity. commission shall be entitled to receive compensation at the rate of twenty-five thousand dollars per year. (G)(1) The members of the Ohio elections commission Members shall be reimbursed for expenses actually shall elect a chairperson and a vice-chairperson. and necessarily incurred in the performance of their At no time shall the chairperson and vice- duties. chairperson be affiliated with the same political party. The chairperson shall serve in that (E) No member of the Ohio elections commission capacity for one year and shall not serve as shall serve more than one full term unless the terms chairperson more than twice during a term as a served are served nonconsecutively. member of the commission. No two successive chairpersons shall be affiliated with the same (F)(1) No member of the Ohio elections commission political party. shall do or be any of the following: (2) The commission shall meet at the call of the (a) Hold, or be a candidate for, a public office; chairperson or upon the written request of a majority of the members. The meetings and (b) Serve on a committee supporting or opposing hearings of the commission or a panel of a candidate or ballot question or issue; the commission under sections 3517.153 to 3517.157 of the Revised Code are subject to (c) Be an officer of the state central committee, section 121.22 of the Revised Code. a county central committee, or a district, city, township, or other committee of a (3) The commission shall adopt rules for its political party or an officer of the executive procedures in accordance with Chapter 119. of committee of the state central committee, a the Revised Code. Five of the seven members county central committee, or a district, city, constitute a quorum. Except as otherwise township, or other committee of a political provided in this section and in sections party; 3517.154 to 3517.157 of the Revised Code, no action shall be taken without the concurrence of (d) Be a legislative agent as defined in section a majority of the members. 101.70 of the Revised Code or an executive agency lobbyist as defined in section 121.60 (H)(1) The Ohio elections commission shall employ of the Revised Code;

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the technical, professional, and clerical (I) There is hereby created in the state treasury the employees that are necessary for it to carry out Ohio elections commission fund. All moneys credited its duties. to the fund shall be used solely for the purpose of paying expenses related to the operation of the Ohio (2)(a) Notwithstanding section 109.02 of the elections commission. Revised Code, the commission shall employ a full-time attorney, and, as needed, one or more 3517.153 Filing and form of complaints; investigatory attorneys to conduct investigations recommended legislation; advisory for the commission or a panel of the commission. The commission may employ or opinions; web site contract for the services of additional attorneys, (A) Upon the filing of a complaint with the Ohio as needed. The full-time attorney shall do all of elections commission, which shall be made by the following: affidavit of any person, on personal knowledge, (i) Serve as the commission’s attorney in regard and subject to the penalties for perjury, or upon the to all legal matters, including representing filing of a complaint made by the secretary of state the commission at appeals from a final or an official at the board of elections, setting forth a determination of the commission, except failure to comply with or a violation of any provision that the full-time attorney shall not perform in sections 3517.08 to 3517.13, 3517.17, 3517.18, the duties that an investigatory attorney is 3517.20 to 3517.22, 3599.03, or 3599.031 of the required or requested to perform or that Revised Code, the commission shall proceed in another attorney the commission employs accordance with sections 3517.154 to 3517.157 of or con-tracts with for services is required or the Revised Code. requested to perform, and shall not represent (B) The commission shall prescribe the form for the commission in any legal pro-ceeding in complaints made under division (A) of this section. which the commission is a named party; The secretary of state and boards of elections shall (ii) At the request of the commission or a panel furnish the information that the commission requests. of the commission, be present at a hearing The commission or a member of the commission held under sections 3517.154 to 3517.156 of may administer oaths, and the commission may issue the Revised Code to rule on the admissibility subpoenas to any person in the state compelling of evidence and to advise on the conduct of the attendance of witnesses and the production of procedure; relevant papers, books, accounts, and reports. Section 101.42 of the Revised Code governs the issuance of (iii) Perform other duties as required by rule of subpoenas insofar as applicable. Upon the refusal of the commission. any person to obey a subpoena or to be sworn or to answer as a witness, the commission may apply to (b) An attorney employed by or under contract with the court of common pleas of Franklin county under the commission shall be licensed to practice section 2705.03 of the Revised Code. The court shall law in this state. hold proceedings in accordance with Chapter 2705. of the Revised Code. (3)(a) Except as otherwise provided in division (H) (3)(b) of this section, at least five members of the (C) No prosecution shall commence for a violation of commission shall agree on the employment of a provision in sections 3517.08 to 3517.13, 3517.17, a person, a majority of the members shall agree 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 on the discharge of an employee, and a person of the Revised Code unless a complaint has been employed by the commission shall serve at the filed with the commission under this section and pleasure of the commission. all proceedings of the commission or a panel of the commission, as appropriate, under sections 3517.154 (b) At least five of the seven members shall agree to 3517.157 of the Revised Code are completed. on the discharge of an investigatory attorney.

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(D) The commission may recommend legislation of section 3517.1010 of the Revised Code, the and render advisory opinions concerning sections complaint shall receive an automatic expedited 3517.08, 3517.082, 3517.092, 3517.102, 3517.103, hearing under section 3517.156 of the Revised 3517.105, 3517.1014, 3517.13, 3517.18, 3517.20 Code. to 3517.22, 3599.03, and 3599.031 of the Revised Code for persons over whose acts it has or may (b) If the attorney determines that the complaint have jurisdiction. When the commission renders sets forth a failure to comply with or a an advisory opinion relating to a specific set of violation of division (G), (I), (J), (O), (P), circumstances involving any of those sections or (Q) of section 3517.13, division (A) of stating that there is no violation of a provision in section 3517.21, or division (A) of section those sections, the person to whom the opinion is 3517.22 of the Revised Code and that the directed or a person who is similarly situated may complaint is filed during one of the periods reasonably rely on the opinion and is immune from of time specified in division (B)(1) of section criminal prosecution and a civil action, including, 3517.156 of the Revised Code, the attorney without limitation, a civil action for removal from shall recommend to the commission that public office or employment, based on facts and the complaint receive an expedited hearing circumstances covered by the opinion. under section 3517.156 of the Revised Code, and the complaint shall receive such a (E) The commission shall establish a web site on hearing. which it shall post, at a minimum, all decisions and advisory opinions issued by the commission and (c) If the attorney determines that the complaint copies of each election law as it is amended by the sets forth a failure to comply with or a general assembly. The commission shall update the violation of a section of the Revised Code web site regularly to reflect any changes to those over which the commission has jurisdiction decisions and advisory opinions and any new to hear complaints other than the sections decisions and advisory opinions. described in divisions (A)(2)(a) and (b) of this section, and unless the attorney makes 3517.154 Review of complaints a determination as provided for in division (A)(3) of this section, the attorney shall (A)(1) The full-time attorney for the Ohio elections recommend to the commission that the commission shall review each complaint filed complaint be submitted to the commission with the commission under section 3517.153 of under section 3517.155 of the Revised the Revised Code, shall determine the nature of Code. After the attorney makes that the complaint, and, unless division (A)(2)(a) of recommendation, the attorney shall notify this section requires that the complaint receive all parties to the complaint of the attorney’s an automatic expedited hearing, shall make recommendation. a recommendation to the commission for its disposition, in accordance with this section. The (3)(a) If a complaint sets forth a failure to comply attorney shall make the determination and the with or a violation of a section of the Revised recommendation, if required, not later than one Code over which the commission has business day after the complaint is filed. jurisdiction to hear complaints other than the sections described in divisions (A)(2)(a) and (2)(a) If the attorney determines that the complaint (b) of this section and if the complaint is filed sets forth a violation of division (B) of section during one of the periods of time specified 3517.21 or division (B) of section 3517.22 of in division (B)(1) of section 3517.156 of the the Revised Code and that the complaint is Revised Code, the attorney may determine that filed during one of the periods of time specified the complaint should receive an expedited in division (B)(1) of section 3517.156 of the hearing under that section. The attorney shall Revised Code, or that the complaint sets forth make that determination by considering one or a violation of section 3517.103 of the Revised more of the following: Code or a violation described in division (D)

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(i) The number of prior failures to comply (v) If the complaint involves a statement with or violations of Title XXXV of the required to be filed under section Revised Code that the person or entity 3517.10, division (E) of section 3517.102, against whom the complaint has been or section 3517.103, 3517.105, brought has committed and any prior 3517.107, 3517.108, 3517.109, penalties the commission has imposed on 3517.1011, 3517.1012, 3517.1013, or the person or entity; 3517.1014 of the Revised Code that is incomplete, the degree to which it is (ii) If the complaint involves a statement incomplete; required to be filed under section 3517.10, division (E) of section 3517.102, (vi) If the complaint involves the receipt or section 3517.103, 3517.105, of contributions in violation of section 3517.107, 3517.108, 3517.109, 3599.03 of the Revised Code, the dollar 3517.1011, 3517.1012, or 3517.1014 amount and number of contributions of the Revised Code or an addendum received in violation of that section; required to be filed under section 3517.11 of the Revised Code that is filed (vii) If the complaint involves a failure to late, how late the filing is and how much make the identification or a misstatement time has elapsed between the deadline of the identification required under for filing the statement or addendum and section 3517.105 or 3517.20 of the the filing of the complaint; Revised Code, whether the failure or misstatement was purposely made; (iii) If the complaint involves contributions and expenditures, contributions (viii) If the complaint sets forth a failure to and disbursements, deposits and comply with or a violation of a section disbursements, gifts and disbursements, of the Revised Code described in or donations and disbursements required division (A)(2)(c) of this section, whether to be reported under section 3517.10, the person or entity against whom the division (E) of section 3517.102, or complaint has been made has committed section 3517.105, 3517.107, 3517.108, more than one such failure or violation 3517.109, 3517.1011, 3517.1012, within a reasonable amount of time, 3517.1013, or 3517.1014 of the Revised or whether the cumulative nature of Code that are either not reported or the failures or violations indicates a reported late, the number of contributions systematic disregard for the law. and expenditures, contributions and disbursements, deposits and (b) Prior to making a determination under disbursements, gifts and disbursements, or division (A)(3)(a) of this section that the donations and disbursements not reported complaint should receive an expedited or how late they were reported; hearing under section 3517.156 of the Revised Code, the attorney shall take into (iv) If the complaint involves contributions consideration the number of panels of the required to be reported by a campaign commission that have cases pending before committee under section 3517.10, them and the number of cases pending division (E) of section 3517.102, or before the panels and shall not make a section 3517.105, 3517.107, 3517.108, determination that will place an undue or 3517.109 of the Revised Code that burden on a panel of the commission. are not reported, whether any of the contributors of the contributions not (c) If the attorney determines that the complaint reported have a personal or professional should receive an expedited hearing under relationship with the campaign section 3517.156 of the Revised Code, committee’s candidate; the attorney shall recommend to the

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commission that the complaint receive an hold the hearing not later than one hundred expedited hearing, and, if a majority of the eighty business days after the complaint is filed. members of the commission agrees with the At the hearing, the commission shall determine recommendation, the complaint shall receive whether or not the failure to act or the violation an expedited hearing under that section. alleged in the complaint has occurred and shall do only one of the following, except as (4) The attorney may join two or more complaints otherwise provided in division (B) of this section if the attorney determines that the allegations or in division (B) of section 3517.151 of the in each complaint are of the same or similar Revised Code: character, are based on the same act or failure to act, or are based on two or more acts or (a) Enter a finding that good cause has been shown failures to act constituting parts of a common not to impose a fine or not to refer the matter to scheme or plan. If one complaint contains two the appropriate prosecutor; or more allegations, the attorney may separate the allegations if they are not of the same or (b) Impose a fine under section 3517.993 of the similar character, if they are not based on the Revised Code; same act or failure to act, or if they are not based on two or more acts or failures to act (c) Refer the matter to the appropriate prosecutor; constituting parts of a common scheme or (d) Direct the secretary of state or appropriate plan. If the attorney separates the allegations in board of elections with the authority to certify a a complaint, the attorney may make separate candidate to the ballot to remove a candidate’s recommendations under division (A)(2) or (3) of name from the ballot if the candidate is barred this section for each allegation. from the ballot under division (D) of section (B) Whenever a person or other entity files a 3517.1010 of the Revised Code. complaint with the commission setting forth a failure (2) As used in division (A) of this section, to comply with or a violation of a section of the “appropriate prosecutor” means a prosecutor as Revised Code as described in division (A)(2)(c) of this defined in section 2935.01 of the Revised Code section and the complaint is filed during one of the and either of the following: periods of time specified in division (B)(1) of section 3517.156 of the Revised Code, the person or entity (a) In the case of a failure to comply with or may request an expedited hearing under that section a violation of law involving a campaign at the time the complaint is filed. The attorney for committee or the committee’s candidate, a the commission shall inform the members of the political party, a legislative campaign fund, commission of that request at the time the attorney a political action committee, or a political makes a recommendation under division (A) of this contributing entity, that is required to file a section. The commission may grant the request for an statement of contributions and expenditures expedited hearing under this division if it determines with the secretary of state under division (A) that an expedited hearing is practicable. of section 3517.11 of the Revised Code, the prosecutor of Franklin county; 3517.155 Hearings; investigations (b) In the case of a failure to comply with (A)(1) Except as otherwise provided in division (B) or a violation of law involving any other of this section, the Ohio elections commission campaign committee or committee’s shall hold its first hearing on a complaint filed candidate, or any other political party , with it, other than a complaint that receives political action committee, or political an expedited hearing under section 3517.156 contributing entity either of the following as of the Revised Code, not later than ninety determined by the commission: business days after the complaint is filed unless the commission has good cause to hold the (i) The prosecutor of Franklin county; hearing after that time, in which case it shall

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(ii) The prosecutor of the county in which in division (C)(1) of section 3517.156 of the Revised the candidacy or ballot question or issue Code, the commission or a panel of the commission is submitted to the electors or, if it is may find that the complaint is frivolous, and, if the submitted in more than one county, the commission or panel so finds, the commission shall most populous of those counties. order the complainant to pay reasonable attorney’s fees and to pay the costs of the commission or panel (B) If the commission decides that the evidence is as determined by a majority of the members of the insufficient for it to determine whether or not the commission. The costs paid to the commission or failure to act or the violation alleged in the complaint panel under this division shall be deposited into the has occurred, the commission, by the affirmative vote Ohio elections commission fund. of five members, may request that an investigatory attorney investigate the complaint. Upon that request, 3517.156 Expedited hearings an investigatory attorney shall make an investigation in order to produce sufficient evidence for the (A) If a complaint filed with the Ohio elections commission to decide the matter. If the commission commission is to receive an expedited hearing requests an investigation under this division, for pursuant to section 3517.154 of the Revised Code, good cause shown by the investigatory attorney, the a panel of at least three members of the commission commission may extend by sixty days the deadline for shall hold a hearing on the complaint to determine holding its first hearing on the complaint as required whether there is probable cause to refer the matter in division (A) of this section. to the full commission for a hearing under section 3517.155 of the Revised Code. Not more than one- (C) The commission shall take one of the actions half of the members of a panel shall be affiliated required under division (A) of this section not later with the same political party. The chairperson of the than thirty days after the close of all the evidence commission shall call for the selection of a panel, as presented. needed, and shall select the members of the panel by lot. (D)(1) The commission shall make any finding of a failure to comply with or a violation of law in (B)(1) Except as otherwise provided in section regard to a complaint that alleges a violation 3517.154 of the Revised Code and divisions of division (D) of section 3517.1010, division (B)(2) and (3) of this section, the panel shall (A) or (B) of section 3517.21, or division (A) or hold one expedited hearing on a complaint (B) of section 3517.22 of the Revised Code by forwarded to it by the commission for an clear and convincing evidence. The commission expedited hearing in accordance with this shall make any finding of a failure to comply division. If a complaint is filed on or after with or a violation of law in regard to any other the sixtieth day prior to a primary or special complaint by a preponderance of the evidence. election or on or after the ninetieth day prior to the general election, but not later than the day (2) If the commission finds a violation of division of the primary, special, or general election to (B) of section 3517.21 or division (B) of section which the complaint relates, the hearing shall 3517.22 of the Revised Code, it shall refer the be held not later than two business days after matter to the appropriate prosecutor under the determination required to be made under division (A)(1)(c) of this section and shall not division (A) of section 3517.154 of the Revised impose a fine under division (A)(1)(b) of this Code is made, unless the panel has good cause section or section 3517.993 of the Revised to hold the hearing after that time, in which case Code. it shall hold the hearing not later than seven business days after that determination is made. (E) In an action before the commission or a panel of All members of the panel shall be present before the commission, if the allegations of the complainant any official action may be taken, and a majority are not proved, and the commission takes the action vote of the panel is required for any official described in division (A)(1)(a) of this section or a action. panel of the commission takes the action described

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(2) The commission shall hold a hearing on a (D) No panel of the commission shall impose a fine. complaint that is filed prior to the periods of (E) If the panel dismisses the complaint under time specified in division (B)(1) of this section, division (C)(1) of this section, the person who made or filed after the date of the election to which the complaint may petition the full commission the complaint relates, at the times specified for to reconsider the dismissal at a hearing under hearing complaints in section 3517.155 of the section 3517.155 of the Revised Code. A petition Revised Code. for reconsideration shall be filed not later than two (3) The deadlines provided for in division (B)(1) business days after the dismissal of the complaint. The of this section may be extended by agreement commission shall render its decision on the petition of all parties to the complaint but shall not be not later than three business days after receiving the extended beyond the deadlines provided for in petition. If the petition for reconsideration is granted, division (A) of section 3517.155 of the Revised the commission shall hold a hearing on the complaint Code. under section 3517.155 of the Revised Code not later than five business days after granting the petition. (C) At the expedited hearing held under division (B)(1) If the petition for reconsideration is not granted, of this section, the panel shall make only one of the the commission shall order the person who filed following determinations: the complaint to pay reasonable attorney’s fees (1) There is no probable cause to believe that the and to pay the costs of the panel that dismissed failure to comply with or the violation of a the complaint as determined by a majority of the law alleged in the com-plaint has occurred. members of the commission. The costs paid to the If the panel so determines, it shall dismiss the commission under this division shall be deposited complaint. into the Ohio elections commission fund. (F) As used in this section, “expedited hearing” (2) There is probable cause to believe that the includes an automatic expedited hearing as failure to comply with or the violation of a law prescribed in section 3517.154 of the Revised Code. alleged in the complaint has occurred. If the panel so determines, it shall refer the complaint 3517.157 Limitations; withdrawal or to the full commission, and the commission dismissal of complaints; appeals; open shall hold a hearing on the complaint under section 3517.155 of the Revised Code not later meetings than ten days after the complaint is referred to it (A) A complaint shall be filed with the Ohio elections by the panel. commission within two years after the occurrence (3) The evidence is insufficient for the panel to of the act or failure to act that is the subject of the make a determination under division (C)(1) complaint, except that if the act or failure to act or (2) of this section and further investigation involves fraud, concealment, or misrepresentation of the complaint is necessary. If the panel and was not discovered during that two-year period, so determines, it immediately shall request a complaint may be filed within one year after that an investigatory attorney investigate the discovery of such act or failure to act. complaint, and an investigatory attorney shall (B) Whoever files a complaint with the commission make an investigation in order to produce under section 3517.153 of the Revised Code may sufficient evidence upon which to decide the withdraw it at the following times: matter. If the panel requests that an investigatory attorney make an investigation, the complaint (1) If the complaint receives an expedited hearing shall be referred to the full commission, and under section 3517.156 of the Revised Code, the commission shall hold a hearing on the at any time prior to the hearing without the complaint under section 3517.155 of the permission of the commission, or at any time Revised Code. after the hearing begins but only with the permission of the commission;

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(2) If the complaint does not receive an expedited costs that the auditor of state will incur during hearing, at any time. that year in conducting audits under section 3517.17 of the Revised Code. The tax com- (C) The commission may dismiss a complaint pending missioner shall pay to the auditor of state, from before it or before a panel of the commission. the Ohio political party fund, moneys sufficient to pay the auditor of state’s estimated costs of (D) The commission or a panel of the commission the audits referred to in this division. shall conduct hearings in accordance with Chapter 119. of the Revised Code and the Rules of Civil (2) After the costs of audits are deducted Procedure, except as they are inconsistent with under division (B)(1) of this section, the tax rules adopted by the commission. A party adversely commissioner shall pay any moneys remaining affected by a final determination of the commission in the fund only to political parties qualifying for may appeal from the determination under section them under division (B) of section 3517.17 of 119.12 of the Revised Code. the Revised Code.

(E) The privilege granted to an attorney under section 3517.17 Division of moneys in fund among 2317.02 of the Revised Code shall be granted to the full-time attorney employed by the commission political parties under division (H)(2) of section 3517.152 of the (A) At the beginning of each calendar quarter, after Revised Code, and the commission or a panel of the the costs of audits are deducted under division (B) commission shall be considered the client of that (1) of section 3517.16 of the Revised Code, the tax attorney for purposes of that privilege. commissioner shall divide any remaining moneys that have accrued in the Ohio political party fund during (F) The members of the commission shall not do the previous quarter equally among all qualified either of the following except at a meeting of the political parties in the following manner. Of the commission subject to section 121.22 of the Revised public moneys to which a party is entitled: Code: (1) One-half shall be paid to the treasurer of the (1) Discuss among themselves a complaint pending state executive committee of the party; before the commission or a panel of the commission; (2) One-half shall be distributed to the treasurer of each county executive committee of the various (2) Discuss a complaint pending before the counties in ac-cordance with the ratio that the commission or a panel of the commission number of checkoffs in each county bears to the with a party to the complaint, an attorney total number of checkoffs, as determined by the representing a party to the complaint, or an tax commissioner. investigatory attorney of the commission.

3517.16 Deposit of moneys into fund Each party treasurer receiving public moneys from the Ohio political party fund shall deposit (A) There is hereby created in the state treasury the those moneys into the party’s restricted fund Ohio political party fund. All moneys received as a created under section 3517.1012 of the Revised result of individuals exercising the checkoff option on Code, shall expend and maintain those moneys their state income tax returns provided for in section subject to the requirements of that section and 5747.081 of the Revised Code shall be deposited in section 3517.18 of the Revised Code, and shall the fund. The tax commissioner shall pay money from file deposit and disbursement statements as the fund to the auditor of state and to political parties required by division (B) of section 3517.1012 in the manner described in division (B) of this section. of the Revised Code. The auditor of state shall annually audit the deposit and disbursement (B)(1) The auditor of state annually shall submit a statements of the state committee of a political report to the tax commissioner estimating the party that is eligible to receive public moneys collected during the previous year, to ascertain

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that all moneys in the party’s restricted fund are costs for registration forms, mailing costs for expended in accordance with law. The auditor communications soliciting voter registration, of state shall audit the deposit and disbursement and payments for the services of persons statements of each county committee of such conducting voter registration and get-out-the- a political party to ascertain that all moneys vote activities; in the party’s restricted fund are expended in accordance with law at the time of the public (3) The administration of party fund-raising drives; office audit of that county under Chapter 117. of the Revised Code. (4) Paid advertisements in the electronic or printed media, sponsored jointly by two or more (B) Only major political parties, as defined in section qualified political parties, to publicize the Ohio 3501.01 of the Revised Code, may apply for public political party fund and to encourage taxpayers moneys from the Ohio political party fund. At the to support the income tax checkoff program; end of each even-numbered calendar year, the secretary of state shall announce the names of all (5) Direct mail campaigns or other such political parties, indicating that they may apply communications with the registered voters of to receive such moneys during the ensuing two a party that are not related to any particular years. Any political party named at this time may, candidate or election; not later than the last day of January of the ensuing (6) The preparation of reports required by law. odd-numbered year, make application with the tax commissioner to receive public moneys. A political (B)(1) Moneys from the Ohio political party fund shall party that fails to make a timely application shall not not be used for any of the following purposes: receive public moneys during that two-year period. The tax commissioner shall prescribe an appropriate (a) To further the election or defeat of any application form. Moneys from the fund shall be particular candidate or to influence directly provided during the appropriate two-year period to the outcome of any candidate or issue each political party that makes a timely application in election; accordance with this division. (b) To pay party debts incurred as the result of 3517.18 Purposes for which moneys from any election; fund may be used by political parties (c) To make a payment clearly in excess of the (A) A political party receiving moneys from the Ohio market value of the item or service that is political party fund may expend the moneys only for received for the payment. the fol-lowing purposes: (2) Moneys from the Ohio political party fund that (1) The defraying of operating and maintenance are used as rental costs for booth spaces at fairs, costs associated with political party festivals, or similar events, at which candidates headquarters, including rental or leasing are present or informational materials about costs, staff salaries, office equipment and candidates are available, are not used in supplies, postage, and the purchase, lease, violation of division (B)(1)(a) of this section if or maintenance of computer hardware and voter registration forms also are available at software; those booths and booth space is available for use by all candidates of the party renting the (2) The organization of voter registration programs booth. and get-out-the-vote campaigns and the costs associated with voter registration and get-out- (C) If there is a question about the legitimacy of a the-vote activities, including, but not limited party expenditure of public moneys, a designated to, rental costs for booth spaces at fairs, agent of a political party receiving moneys from festivals, or similar events if voter registration the Ohio political party fund may request the Ohio forms are available at those booths, printing elections commission for an advisory opinion on the

B-88 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws matter prior to making an expenditure of those public designed to promote the adoption or defeat moneys. The commission shall afford the highest of a ballot issue or question or to influence priority to a request made under this division. the voters in an election.

3517.19 Sale of contributor, membership, (c) “Public political advertising” means or mailing lists to financial institutions newspapers, magazines, outdoor advertising facilities, direct mailings, or other similar (A) As used in this section: types of general public political advertising, or flyers, handbills, or other nonperiodical (1) “Financial institution” means a bank, savings printed matter. and loan association, or credit union with its principal office in this state. (d) “Statewide candidate” has the same meaning as in section 3517.102 of the Revised Code. (2) “Political party” means only a major political party. (e) “Legislative candidate” means a candidate for the office of member of the general assembly. (B) A state political party may sell or lease its contributor, membership, or mailing lists, or any other (f) “Local candidate” means a candidate for an lists upon which the party and a financial institution elective office of a political subdivision of may agree, to any financial institution for either or this state. both of the following purposes: (g) “Legislative campaign fund” has the same (1) Allowing the financial institution to use the meaning as in section 3517. 01 of the name or logo of the political party on credit Revised Code. cards that it issues to persons identified on or through the contributor, membership, mailing, (h) “Limited political action committee” means a or other lists; political action committee of fewer than ten members. (2) Allowing the financial institution to use the name and goodwill of the political party in (i) “Limited political contributing entity” means marketing its credit card program to persons a political contributing entity of fewer than identified on or through the contributor, ten members. membership, mailing, or other lists. (j) “Designated amount” means one hundred dollars in the case of a local candidate or a 3517.20 Political communications must be local ballot issue, two hundred fifty dollars identified; penalty in the case of a legislative candidate, or five hundred dollars in the case of a statewide (A)(1) As used in this section: candidate or a statewide ballot issue.

(a) “Political publication for or against a (k) “To issue” includes to print, post, distribute, candidate” means a notice, placard, reproduce for distribution, or cause to advertisement, sample ballot, brochure, be issued, printed, posted, distributed, or flyer, direct mailer, or other form of general reproduced for distribution. publication that is designed to promote the nomination, election, or defeat of a (l) “Telephone bank” means more than five candidate. hundred telephone calls of an identical or substantially similar nature within any thirty- (b) “Political publication for or against an issue” day period, whether those telephone calls are means a notice, placard, advertisement, made by individual callers or by recording. sample ballot, brochure, flyer, direct mailer, or other form of general publication that is

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(2) No candidate, campaign committee, legislative opposition to a candidate or make an campaign fund, political party, or other entity, expenditure in cooperation, consultation, or except a political action committee or political concert with, or at the request or suggestion contributing entity, shall issue a form of political of, a candidate, a campaign committee, a publication for or against a candidate, or legislative campaign fund, a political party, shall make an expenditure for the purpose of a political action committee with ten or financing political communications in support more members, a political contributing of or opposition to a candidate through public entity with ten or more members, or a political advertising, unless the name and limited political action committee or limited residence or business address of the candidate political contributing entity that spends in or the chairperson, treasurer, or secretary of excess of the designated amount in support the campaign committee, legislative campaign of or opposition to the same candidate, fund, political party, or other entity that issues for the purpose of financing political or otherwise is responsible for that political communications in support of or opposition publication or that makes an expenditure to that candidate through public political for that political communication appears advertising. in a conspicuous place on that political publication or is contained within that political (4) No political action committee with ten or communication. more members and no political contributing entity with ten or more members shall issue a (3) No limited political action committee or limited form of political publication for or against a political contributing entity shall do either of candidate, or shall make an expenditure for the the following unless the name and residence or purpose of financing political communications business address of the chairperson, treasurer, in support of or opposition to a candidate or secretary of the limited political action through public political advertising, unless committee or limited political contributing the name and residence or business address entity involved appears in a conspicuous place of the chairperson, treasurer, or secretary of in the political publication for or against a the political action committee or political candidate described in division (A)(3)(a) of contributing entity that issues or otherwise is this section or is contained within the political responsible for that political publication or communication described in division (A)(3)(b) of that makes an expenditure for that political this section: communication through public political advertising appears in a conspicuous place in (a) Issue a form of political publication for or that political publication or is contained within against a candidate that costs in excess of that political communication. the designated amount or that is issued in cooperation, consultation, or concert with, or (5) No corporation, labor organization, campaign at the request or suggestion of, a candidate, a committee, legislative campaign fund, political campaign committee, a legislative campaign party, or other entity, except a political action fund, a political party, a political action committee, shall issue a form of political committee with ten or more members, a publication for or against an issue, or shall political contributing entity with ten or make an expenditure for the purpose of more members, or a limited political action financing political communications in support committee or limited political contributing of or opposition to a ballot issue or question entity that spends in excess of the designated through public political advertising, unless amount on a related or the same or similar the name and residence or business address political publication for or against a of the chairperson, treasurer, or secretary of candidate; the corporation, labor organization, campaign committee, legislative campaign fund, political (b) Make an expenditure in excess of the party, or other entity that issues or otherwise designated amount in support of or This page intentionally left blank. B-90 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws

is responsible for that political publication or make an expenditure for the purpose of that makes an expenditure for that political financing political communications in support communication through public political of or opposition to a ballot issue or question advertising appears in a conspicuous place in through public political advertising, unless that political publication or is contained within the name and residence or business address that political communication. of the chairperson, treasurer, or secretary of the political action committee that issues (6) No limited political action committee shall or otherwise is responsible for that political do either of the following unless the name publication or that makes an expenditure and residence or business address of the for that political communication appears chairperson, treasurer, or secretary of the limited in a conspicuous place in that political political action committee involved appears in publication or is contained within that political a conspicuous place in the political publication communication. for or against a ballot issue described in division (A)(6)(a) of this section or is contained within (8) The disclaimer “paid political advertisement” is the political communication described in not sufficient to meet the requirements of this division (A)(6)(b) of this section: section.

(a) Issue a form of political publication for or (9) If the political publication described in division against a ballot issue that costs in excess of (A) of this section is issued by the regularly the designated amount or that is issued in constituted central or executive committee of cooperation, consultation, or concert with, or a political party that is organized as provided at the request or suggestion of, a candidate, a in this chapter, it shall be sufficiently identified campaign committee, a legislative campaign if it bears the name of the committee and its fund, a political party, a political action chairperson or treasurer. committee with ten or more members, or a limited political action committee that (10) If more than one piece of printed matter spends in excess of the designated amount or printed political communications are for a related or the same or similar political mailed as a single packet, the requirements publication for or against an issue; of division (A) of this section are met if one of the pieces of printed matter or printed political (b) Make an expenditure in excess of the communications in the packet contains the designated amount in support of or name and residence or business address of opposition to a ballot issue or make an the chairperson, treasurer, or secretary of expenditure in cooperation, consultation, the organization or entity that issues or is or concert with, or at the request or responsible for the printed matter or other suggestion of, a candidate, a campaign printed political communications. committee, a legislative campaign fund, a political party, a political action committee (11) This section does not apply to the transmittal of with ten or more members, or a limited personal correspondence that is not reproduced political action committee that spends by machine for general distribution. in excess of the designated amount in support of or opposition to the same ballot (12) The secretary of state, by rule, may exempt issue, for the purpose of financing political from the requirements of this section, printed communications in support of or opposition matter and certain other kinds of printed to that ballot issue through public political communications such as campaign buttons, advertising. balloons, pencils, or similar items, the size or nature of which makes it unreasonable to add (7) No political action committee with ten or an identification or disclaimer. more members shall issue a form of political publication for or against an issue, or shall

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(13) The disclaimer or identification described a false, fictitious, or fraudulent name or address in division (A) of this section, when paid for in the making or issuing of a publication or by a campaign committee, shall be identified communication included within the provisions by the words “paid for by” followed by the of this section. name and address of the campaign committee and the appropriate officer of the committee, (C) No candidate, campaign committee, legislative identified by name and title. The identification campaign fund, political party, political action or disclaimer may use reasonable abbreviations committee, limited political action committee, for common terms such as “treasurer” or political contributing entity, limited political “committee”. contributing entity, or other person or entity shall conduct a telephone bank for the purpose of (B)(1) No candidate, campaign committee, legislative promoting the nomination, election, or defeat of a campaign fund, political party, political action candidate or the adoption or defeat of an issue or to committee, limited political action committee, influence the voters in an election, unless the call political contributing entity, limited political includes a disclaimer that identifies the name of the contributing entity, or other entity shall utter candidate, campaign committee, legislative campaign or cause to be uttered, over the broadcasting fund, political party, political action committee, facilities of any radio or television station limited political action committee, political within this state, any communication that is contributing entity, limited political contributing designed to promote the nomination, election, entity, or other person or entity paying for the or defeat of a candidate, or the adoption or telephone bank. defeat of an issue or to influence the voters in an election, unless the speaker identifies (D) Before a prosecution may commence under this the speaker with the speaker’s name and section, a complaint shall be filed with the Ohio residence address or unless the communication elections commission under section 3517.153 identifies the chairperson, treasurer, or of the Revised Code. After the complaint is filed, secretary of the organization responsible for the the commission shall proceed in accordance with communication with the name and residence sections 3517.154 to 3517.157 of the Revised Code. or business address of that officer, except that communications by radio need not broadcast 3517.21 Unfair political campaign activities the residence or business address of the officer. However, a radio station, for a period of at least (A) No person, during the course of any campaign for six months, shall keep the residence or business nomination or election to public office or office of address on file and divulge it to any person a political party, shall knowingly and with intent to upon request. affect the outcome of such campaign do any of the following: No person operating a broadcast station or an organ of printed media shall broadcast or (1) Serve, or place another person to serve, as an print a paid political communication that does agent or employee in the election campaign not contain the identification required by this organization of a candidate for the purpose of section. acting to impede the conduct of the candidate’s campaign for nomination or election or (2) Division (B) of this section does not apply of reporting information to the employee’s to any communications made on behalf of a employer or the agent’s principal without the radio or television station or network by any knowledge of the candidate or the candidate’s employee of such radio or television station organization; or network while acting in the course of the employee’s employment. (2) Promise, offer, or give any valuable thing or valuable benefit to any person who is (3) No candidate or entity described in division (B) employed by or is an agent of a candidate or (1) of this section shall use or cause to be used a candidate’s election campaign organization

B-92 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws

for the purpose of influencing the employee or (6) Make a false statement that a candidate or agent with respect to the improper discharge of official has a record of treatment or confinement the employee’s or agent’s campaign duties or to for mental disorder; obtain information about the candidate or the candidate’s campaign organization. (7) Make a false statement that a candidate or official has been subjected to military discipline (B) No person, during the course of any campaign for criminal misconduct or dishonorably for nomination or election to public office or office discharged from the armed services; of a political party, by means of campaign materials, including sample ballots, an advertisement on radio (8) Falsely identify the source of a statement, issue or television or in a newspaper or periodical, a public statements under the name of another person speech, press release, or otherwise, shall knowingly without authorization, or falsely state the and with intent to affect the outcome of such endorsement of or opposition to a candidate by campaign do any of the following: a person or publication;

(1) Use the title of an office not currently held by (9) Make a false statement concerning the voting a candidate in a manner that implies that the record of a candidate or public official; candidate does currently hold that office or use the term “re-elect” when the candidate has (10) Post, publish, circulate, distribute, or otherwise never been elected at a primary, general, or disseminate a false statement concerning a special election to the office for which he or she candidate, either knowing the same to be false is a candidate; or with reckless disregard of whether it was false or not, if the statement is designed to promote (2) Make a false statement concerning the formal the election, nomination, or defeat of the schooling or training completed or attempted candidate. by a candidate; a degree, diploma, certificate, scholarship, grant, award, prize, or honor As used in this section, “voting record” means received, earned, or held by a candidate; or the recorded “yes” or “no” vote on a bill, the period of time during which a candidate ordinance, resolution, motion, amendment, or attended any school, college, community confirmation. technical school, or institution; (C) Before a prosecution may commence under this (3) Make a false statement concerning the section, a complaint shall be filed with the Ohio professional, occupational, or vocational elections commission under section 3517.153 licenses held by a candidate, or concerning of the Revised Code. After the complaint is filed, any position the candidate held for which the the commission shall proceed in accordance with candidate received a salary or wages; sections 3517.154 to 3517.157 of the Revised Code.

(4) Make a false statement that a candidate or 3517.22 Unfair activities in issue campaign public official has been indicted or convicted of a theft offense, extortion, or other crime (A) No person during the course of any campaign involving financial corruption or moral in advocacy of or in opposition to the adoption of turpitude; any proposition or issue submitted to the voters shall knowingly and with intent to affect the outcome of (5) Make a statement that a candidate has been such campaign do any of the following: indicted for any crime or has been the subject of a finding by the Ohio elections commission (1) Serve, or place another person to serve, as an without disclosing the outcome of any legal agent or employee in the election campaign proceedings resulting from the indictment or organization of a committee which advocates finding; or is in opposition to the adoption of any ballot proposition or issue for the purpose of

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acting to impede the conduct of the campaign of sections 3517.08 to 3517.13, 3517.18, 3517.20 on the proposition or issue or of reporting to 3517.22, 3599.03, and 3599.031 of the Revised information to the employee’s employer or the Code and shall provide each candidate, political agent’s principal without the knowledge of the action committee, political contributing entity, committee; legislative campaign fund, political party, and person making disbursements to pay the direct costs of (2) Promise, offer, or give any valuable thing or producing or airing electioneering communications valuable benefit to any person who is employed with written instructions and explanations in order to by or is an agent of a committee in advocacy ensure compliance with sections 3517.08 to 3517.13, of or in opposition to the adoption of any 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, ballot proposition or issue, for the purpose of and 3599.031 of the Revised Code. influencing the employee or agent with respect to the improper discharge of the employee’s or 3517.992 Penalties for violations on or after agent’s campaign duties or to obtain information 8-24-95. about the committee’s campaign organization. This section establishes penalties only with respect to (B) No person, during the course of any campaign in acts or failures to act that occur on and after August advocacy of or in opposition to the adoption of any 24, 1995. ballot proposition or issue, by means of campaign material, including sample ballots, an advertisement (A)(1) A candidate whose campaign committee on radio or television or in a newspaper or periodical, violates division (A), (B), (C), (D), or (V) of a public speech, a press release, or otherwise, shall section 3517.13 of the Revised Code, or a knowingly and with intent to affect the outcome of treasurer of a campaign committee who violates such campaign do any of the following: any of those divisions, shall be fined not more than one hundred dollars for each day of (1) Falsely identify the source of a statement, violation. issue statements under the name of another person without authorization, or falsely state (2) Whoever violates division (E) or (X)(5) of section the endorsement of or opposition to a ballot 3517.13 or division (E)(1) of section 3517.1014 proposition or issue by a person or publication; of the Revised Code shall be fined not more than one hundred dollars for each day of (2) Post, publish, circulate, distribute, or otherwise violation. disseminate, a false statement, either knowing the same to be false or acting with reckless (B) A political party that violates division (F)(1) of disregard of whether it was false or not, that is section 3517.101 of the Revised Code shall be fined designed to promote the adoption or defeat of not more than one hundred dollars for each day of any ballot proposition or issue. violation.

(C) Before a prosecution may commence under this (C) Whoever violates division (F)(2) of section section, a complaint shall be filed with the Ohio 3517.101, division (G) of section 3517.13, or division elections com-mission under section 3517.153 (E)(2) or (3) of section 3517.1014 of the Revised Code of the Revised Code. After the complaint is filed, shall be fined not more than ten thousand dollars the commission shall proceed in accordance with or, if the offender is a person who was nominated or sections 3517.154 to 3517.157 of the Revised Code. elected to public office, shall forfeit the nomination or the office to which the offender was elected, or both. 3517.23 Rules for administration and enforcement of statutes (D) Whoever violates division (F) of section 3517.13 of the Revised Code shall be fined not more than The secretary of state shall adopt rules in accordance three times the amount contributed. with Chapter 119. of the Revised Code that are necessary for the administration and enforcement

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(E) Whoever violates division (H) of section 3517.13 or contributed in excess of the amount of the Revised Code shall be fined not more than one permitted by that division, as applicable. hundred dollars. (c) Any political contributing entity that violates (F) Whoever violates division (O), (P), or (Q) of division (B)(7) of section 3517.102 of the section 3517.13 of the Revised Code is guilty of a Revised Code shall be fined an amount misdemeanor of the first degree. equal to three times the amount contributed in excess of the amount permitted by that (G) A state or county committee of a political party division. that violates division (B)(1) of section 3517.18 of the Revised Code shall be fined not more than twice the (5) Any political party that violates division (B)(4) amount of the improper expenditure. of section 3517.102 of the Revised Code shall be fined an amount equal to three times the (H) A state or county political party that violates amount contributed in excess of the amount division (G) of section 3517.101 of the Revised Code permitted by that division. shall be fined not more than twice the amount of the improper expenditure or use. (6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5) of this section, no violation of division (B) of (I)(1) Any individual who violates division (B)(1) of section 3517.102 of the Revised Code occurs, section 3517.102 of the Revised Code and and the secretary of state shall not refer parties knows that the contribution the individual to the Ohio elections commission, if the amount makes violates that division shall be fined transferred or contributed in excess of the an amount equal to three times the amount amount permitted by that division meets either contributed in excess of the amount permitted of the following conditions: by that division. (a) It is completely refunded within five business (2) Any political action committee that violates days after it is accepted. division (B)(2) of section 3517.102 of the Revised Code shall be fined an amount equal to (b) It is completely refunded on or before three times the amount contributed in excess of the tenth business day after notification the amount permitted by that division. to the recipient of the excess transfer or contribution by the board of elections (3) Any campaign committee that violates division or the secretary of state that a transfer or (B)(3) or (5) of section 3517.102 of the Revised contribution in excess of the permitted Code shall be fined an amount equal to three amount has been received. times the amount contributed in excess of the amount permitted by that division. (J)(1) Any campaign committee that violates division (C)(1), (2), (3), or (6) of section 3517.102 of the (4)(a) Any legislative campaign fund that violates Revised Code shall be fined an amount equal division (B)(6) of section 3517.102 of the to three times the amount accepted in excess of Revised Code shall be fined an amount equal the amount permitted by that division. to three times the amount transferred or contributed in excess of the amount permitted (2)(a) Any county political party that violates by that division, as applicable. division (C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code shall be fined an amount (b) Any state political party, county political equal to three times the amount accepted. party, or state candidate fund of a state political party or county political party that (b) Any county political party that violates violates division (B)(6) of section 3517.102 of division (C)(4)(a)(i) of section 3517.102 of the the Revised Code shall be fined an amount Revised Code shall be fined an amount from equal to three times the amount transferred its state candidate fund equal to three times

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the amount accepted in excess of the amount Revised Code shall give to the treasurer of state permitted by that division. for deposit into the state treasury to the credit of the Ohio elections commission fund all excess (c) Any state political party that violates division contributions not disposed of as required by (C)(4)(b) of section 3517.102 of the Revised division (E) of section 3517.102 of the Revised Code shall be fined an amount from its state Code. candidate fund equal to three times the amount accepted in excess of the amount (L) Whoever violates section 3517.105 of the Revised permitted by that division. Code shall be fined one thousand dollars.

(3) Any legislative campaign fund that violates (M)(1) Whoever solicits a contribution in violation division (C)(5) of section 3517.102 of the of section 3517.092 or violates division (B) of Revised Code shall be fined an amount equal section 3517.09 of the Revised Code is guilty of to three times the amount accepted in excess of a misdemeanor of the first degree. the amount permitted by that division. (2) Whoever knowingly accepts a contribution (4) Any political action committee or political in violation of division (B) or (C) of section contributing entity that violates division (C) 3517.092 of the Revised Code shall be fined (7) of section 3517.102 of the Revised Code an amount equal to three times the amount shall be fined an amount equal to three times accepted in violation of either of those divisions the amount accepted in excess of the amount and shall return to the contributor any amount permitted by that division. so accepted. Whoever unknowingly accepts a contribution in violation of division (B) or (5) Notwithstanding divisions (J)(1), (2), (3), and (C) of section 3517.092 of the Revised Code (4) of this section, no violation of division shall return to the contributor any amount so (C) of section 3517.102 of the Revised Code accepted. occurs, and the secretary of state shall not refer parties to the Ohio elections commission, (N) Whoever violates division (S) of section 3517.13 if the amount transferred or contributed in of the Revised Code shall be fined an amount equal excess of the amount permitted to be accepted to three times the amount of funds transferred or three by that division meets either of the following times the value of the assets transferred in violation of conditions: that division.

(a) It is completely refunded within five business (O) Any campaign committee that accepts a days after its acceptance. contribution or contributions in violation of section 3517.108 of the Revised Code, uses a contribution in (b) It is completely refunded on or before violation of that section, or fails to dispose of excess the tenth business day after notification contributions in violation of that section shall be fined to the recipient of the excess transfer or an amount equal to three times the amount accepted, contribution by the board of elections used, or kept in violation of that section. or the secretary of state that a transfer or contribution in excess of the permitted (P) Any political party, state candidate fund, legislative amount has been received. candidate fund, or campaign committee that violates division (T) of section 3517.13 of the Revised Code (K)(1) Any legislative campaign fund that violates shall be fined an amount equal to three times the division (F)(1) of section 3517.102 of the amount contributed or accepted in violation of that Revised Code shall be fined twenty-five dollars section. for each day of violation. (Q) A treasurer of a committee or another person who (2) Any legislative campaign fund that violates violates division (U) of section 3517.13 of the Revised division (F)(2) of section 3517.102 of the Code shall be fined not more than two hundred fifty dollars.

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(R) Whoever violates division (I) or (J) of section (Y)(1) Any campaign committee that fails to dispose of 3517.13 of the Revised Code shall be fined not more excess funds or excess aggregate contributions than one thousand dollars. Whenever a person is under division (B) of section 3517.109 of found guilty of violating division (I) or (J) of section the Revised Code in the manner required by 3517.13 of the Revised Code, the contract awarded division (C) of that section or under division (B) in violation of either of those divisions shall be of section 3517.1010 of the Revised Code in the rescinded if its terms have not yet been performed. manner required by division (C) of that section shall give to the treasurer of state for deposit into (S) A candidate whose campaign committee violates the Ohio elections commission fund created or a treasurer of a campaign committee who violates under division (I) of section 3517.152 of the section 3517.081 of the Revised Code, and a Revised Code all funds not disposed of pursuant candidate whose campaign committee violates or a to those divisions. treasurer of a campaign committee or another person who violates division (C) of section 3517.10 of the (2) Any treasurer of a transition fund that fails to Revised Code, shall be fined not more than five dispose of assets remaining in the transition hundred dollars. fund as required under division (H)(1) or (2) of section 3517.1014 of the Revised Code shall (T) A candidate whose campaign committee violates give to the treasurer of state for deposit into the or a treasurer of a committee who violates division Ohio elections commission fund all assets not (B) of section 3517.09 of the Revised Code, or a disposed of pursuant to that division. candidate whose campaign committee violates or a treasurer of a campaign committee or another (Z) Any individual, campaign committee, political person who violates division (C) of section 3517.09 action committee, political contributing entity, of the Revised Code shall be fined not more than one legislative campaign fund, political party, treasurer thousand dollars. of a transition fund, or other entity that violates any provision of sections 3517.09 to 3517.12 of the (U) Whoever violates section 3517.20 of the Revised Revised Code for which no penalty is provided for Code shall be fined not more than five hundred under any other division of this section shall be fined dollars. not more than one thousand dollars.

(V) Whoever violates section 3517.21 or 3517.22 of (AA)(1) Whoever knowingly violates division (W)(1) the Revised Code shall be imprisoned for not more of section 3517.13 of the Revised Code shall than six months or fined not more than five thousand be fined an amount equal to three times the dollars, or both. amount contributed, expended, or promised in violation of that division or ten thousand (W) A campaign committee that is required to file dollars, whichever amount is greater. a declaration of no limits under division (D)(2) of section 3517.103 of the Revised Code that, before (2) Whoever knowingly violates division (W)(2) filing that declaration, accepts a contribution or of section 3517.13 of the Revised Code shall contributions that exceed the limitations prescribed be fined an amount equal to three times the in section 3517.102 of the Revised Code, shall amount solicited or accepted in violation of return that contribution or those contributions to the that division or ten thousand dollars, whichever contributor. amount is greater.

(X) Any campaign committee that fails to file the (BB) Whoever knowingly violates division (C) or declaration of filing-day finances required by division (D) of section 3517.1011 of the Revised Code shall (F) of section 3517.109 or the declaration of primary- be fined not more than ten thousand dollars plus day finances or declaration of year-end finances not more than one thousand dollars for each day of required by division (E) of section 3517.1010 of the violation. Revised Code shall be fined twenty-five dollars for each day of violation.

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(CC)(1) Subject to division (CC)(2) of this section, (A) Except as otherwise provided in division (D)(2) whoever violates division (H) of section of section 3517.155 of the Revised Code, the Ohio 3517.1011 of the Revised Code shall be fined elections commission may impose administrative an amount up to three times the amount fines under division (A)(1)(b) of section 3517.155 of disbursed for the direct costs of airing the the Revised Code in accordance with the amounts communication made in violation of that set forth under sections 3517.992, 3599.03, and division. 3599.031 of the Revised Code.

(2) Whoever has been ordered by the Ohio (B) The commission may suspend all or part of a fine elections commission or by a court of it imposes under this section upon whatever terms competent jurisdiction to cease making and conditions the commission considers just. communications in violation of division (H) of section 3517.1011 of the Revised Code (C)(1) The commission shall consider any of the who again violates that division shall be fined following circumstances in determining whether an amount equal to three times the amount to impose a maximum fine under this section: disbursed for the direct costs of airing the communication made in violation of that (a) Whether the violator has been found guilty division. of any other violation of Title XXXV of the Revised Code; (DD)(1) Any corporation or labor organization that violates division (X)(3)(a) of section 3517.13 (b) Whether the violation was made knowingly of the Revised Code shall be fined an amount or purposely; equal to three times the amount given in excess (c) Whether any relevant statements, addenda, of the amount permitted by that division. or affidavits required to be filed have not been filed; (2) Any state or county political party that violates division (X)(3)(b) of section 3517.13 of the (d) Whether the violator has any outstanding Revised Code shall be fined an amount equal fines imposed for a violation of Title XXXV of to three times the amount accepted in excess of the Revised Code; the amount permitted by that division. (e) Whether the violation occurred during the (EE)(1) Any campaign committee or person who course of a campaign. violates division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code shall be fined (2) The commission shall consider any of the an amount equal to three times the amount following circumstances in determining whether donated in excess of the amount permitted by to impose a minimal fine or no fine under this that division. section:

(2) Any officeholder or treasurer of a transition fund (a) Whether the violator previously has not been who violates division (C)(3)(a) or (b) of section found guilty of any other violation of Title 3517.1014 of the Revised Code shall be fined XXXV of the Revised Code; an amount equal to three times the amount accepted in excess of the amount permitted by (b) Whether the violator has promptly corrected that division. the violator’s violation;

3517.993 Fines for acts or omissions (c) Whether the nature and circumstances of the violation merit a minimum fine; occurring on or after 8-24-1995 (d) Whether there are substantial grounds This section authorizes the establishment of fines that tending to excuse or justify the violation, may be imposed only with respect to acts or failures although failing to establish a defense to the to act that occur on and after August 24, 1995. violation;

B-98 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws

(e) Whether the violation was not purposely (2) Whoever violates division (A)(1) of this section committed. shall be fined not less than five hundred nor more than five thousand dollars. (3) The circumstances set forth in divisions (C) (1) and (2) of this section shall be considered (B)(1) No officer, stockholder, attorney, or agent of by, but shall not control the decision of, the a corporation or nonprofit corporation, no commission in imposing a fine. member, including an officer, attorney, or agent, of a labor organization, and no candidate, (D) Fines imposed by the commission under this political party official, or other individual shall section shall be paid into the Ohio elections knowingly aid, advise, solicit, or receive money commission fund. or other property in violation of division (A)(1) of this section. 3599.03 Corporation or labor organization funds shall not be used to aid political (2) Whoever violates division (B)(1) of this section organization; funds used to promote or shall be fined not more than one thousand dollars, or imprisoned not more than one year, oppose ballot issue; exemptions or both.

(A)(1) Except to carry on activities specified in (C) A corporation, a nonprofit corporation, or a labor sections 3517.082 and 3517.1011, division organization may use its funds or property for or in (A)(2) of section 3517.1012, division (B) of aid of or opposition to a proposed or certified ballot section 3517.1013, division (C)(1) of section issue. Such use of funds or property shall be reported 3517.1014, and section 3599.031 of the on a form prescribed by the secretary of state. Reports Revised Code and except as provided in of contributions in connection with statewide ballot divisions (D), (E), and (F) of this section, no issues shall be filed with the secretary of state. corporation, no nonprofit corporation, and no Reports of contributions in connection with local labor organization, directly or indirectly, shall issues shall be filed with the board of elections of pay or use, or offer, advise, consent, or agree to the most populous county of the district in which the pay or use, the corporation’s money or property, issue is submitted or to be submitted to the electors. or the labor organization’s money, including Reports made pursuant to this division shall be filed dues, initiation fees, or other assessments paid by the times specified in divisions (A)(1) and (2) of by members, or property, for or in aid of or section 3517.10 of the Revised Code. opposition to a political party, a candidate for election or nomination to public office, a (D)(1) Any gift made pursuant to section 3517.101 of political action committee including a political the Revised Code does not constitute a violation action committee of the corporation or labor of this section or of any other section of the organization, a legislative campaign fund, or Revised Code. any organization that supports or opposes any such candidate, or for any partisan political (2) Any gift made pursuant to division (A)(2) of purpose, shall violate any law requiring the section 3517.1012 of the Revised Code does filing of an affidavit or statement respecting not constitute a violation of this section. such use of those funds, or shall pay or use the corporation’s or labor organization’s money for (3) Any gift made pursuant to division (B) of section the expenses of a social fund-raising event for 3517.1013 of the Revised Code does not its political action committee if an employee’s constitute a violation of this section. or labor organization member’s right to attend such an event is predicated on the employee’s (4) Any donation made pursuant to division (C)(1) or member’s contribution to the corporation’s or of section 3517.1014 of the Revised Code does labor organization’s political action committee. not constitute a violation of this section.

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(E)Any compensation or fees paid by a financial 3599.031 Deduction of political institution to a state political party for services contribution from employee’s wages; written rendered pursuant to division (B) of section 3517.19 authorization required of the Revised Code do not constitute a violation of this section or of any other section of the Revised (A) Notwithstanding any provision of the Revised Code. Code to the contrary and subject to division (C) of section 3517.09 of the Revised Code and division (B) (F)(1) The use by a nonprofit corporation of its money of this section, any employer may deduct from the or property for communicating information wages and salaries of its employees amounts for an for a purpose specified in division (A) of this account described in division (B) of this section, a section is not a violation of that division if the separate segregated fund, a political action committee stockholders, members, donors, trustees, or of the employer, a political action committee of a officers of the nonprofit corporation are the labor organization of the employer’s employees, predominant recipients of the communication. a political action committee of an association (2) The placement of a campaign sign on the of which the employer is a member, a political property of a corporation, nonprofit corporation, party, a person making disbursements to pay the or labor organization is not a use of property in direct costs of producing or airing electioneering violation of division (A) of this section by that communications, or a ballot issue that the employee corporation, nonprofit corporation, or labor by written authorization may designate and shall organization. transmit any amounts so deducted as a separate written authorization described in division (B) of this (3) The use by a corporation or labor organization section shall direct. Any authorization authorizing a of its money or property for communicating deduction from an employee’s wages or salary may information for a purpose specified in division be on a form that is used to apply for or authorize (A) of this section is not a violation of that membership in or authorize payment of dues or division if it is not a communication made fees to any organization, but the authorization for a by mass broadcast such as radio or television deduction shall be stated and signed separately from or made by advertising in a newspaper of the application for membership or the authorization general circulation but is a communication for the payment of dues or fees. The employer either sent exclusively to members, employees, may deduct from the amount to be so transmitted officers, or trustees of that labor organization or a uniform amount determined by the employer to shareholders, employees, officers, or directors be necessary to defray the actual cost of making of that corporation or to members of the such deduction and transmittal, or may utilize its immediate families of any such individuals or own funds in an amount it determines is necessary if the communication intended to be so sent to defray the actual administrative cost, including exclusively is unintentionally sent as well to a making the deduction and transmittal. de minimis number of other individuals. (B) If an employer establishes a separate account (G) In addition to the laws listed in division (A) of in the name of an employee for the purpose of section 4117.10 of the Revised Code that prevail depositing into the account amounts deducted from over conflicting agreements between employee the wages and salary of the employee pursuant organizations and public employers, this section to division (A) of this section or amounts directly prevails over any conflicting provisions of agreements given by the employee to the employer for the between labor organizations and public employers support of a candidate, a separate segregated fund, that are entered into on or after March 31, 2005, a political action committee of the employer, a pursuant to Chapter 4117. of the Revised Code. political action committee of a labor organization of the employer’s employees, a political action (H) As used in this section, “labor organization” committee of an association of which the employer has the same meaning as in section 3517.01 of the is a member, a political party, a legislative campaign Revised Code. fund, a person making disbursements to pay the

B-100 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws direct costs of producing or airing electioneering (1) If an employer is a corporation, each subsidiary communications, or a ballot issue, the employee shall of a parent corporation shall be considered sign a written authorization designating the recipient an entity separate and distinct from any other of a disbursement from that account. The written subsidiary and separate and distinct from the authorization required under this division is separate parent corporation. and distinct from a written authorization required under division (A) of this section. The authorization (2) Each national, regional, state, and local affiliate required under this division shall clearly identify and of a labor organization shall be considered a designate the candidate, separate segregated fund, distinct entity. political action committee of the employer, political action committee of a labor organization of the (F) Whoever violates division (B) of this section shall employer’s employees, political action committee of be fined not less than fifty nor more than five hundred an association of which the employer is a member, dollars for each disbursement made in violation of political party, legislative campaign fund, person that division. making disbursements to pay the direct costs of (G) In addition to the laws listed in division (A) of producing or airing electioneering communications, section 4117.10 of the Revised Code that prevail or ballot issue that is to receive any disbursement over conflicting agreements between employee from the account established pursuant to this organizations and public employers, this section division. No person shall designate the recipient prevails over any conflicting provisions of agreements of a disbursement from the account except the between labor organizations and public employers employee from whose account the disbursement is that are entered into on or after the effective date of made. No employer shall make a disbursement from this amendment pursuant to Chapter 4117. of the the account of an employee established under this Revised Code. division unless the employer has received the written authorization required under this division. (H) As used in this section:

(C) An employer shall furnish the recipient of any (1) “ Electioneering communication,” “legislative amount transmitted pursuant to this section with the campaign fund,” “labor organization,” “political employer’s full name and the full name of the labor action committee,” and “separate segregated organization of which the employee whose amount fund” have the same meanings as in section is being transmitted is a member, if any. An employer 3517.01 of the Revised Code. shall keep and maintain the authorization forms of all its employees from whose wages and salaries any (2) “Public employer” means an employer amounts were deducted pursuant to division (A) of that is the state or a state agency, authority, this section and the authorizations of disbursements commission, or board, a political subdivision of from accounts established under division (B) of this the state, a school district or state institution of section for a period of at least six years after the year higher learning, a public or special district, or in which the deductions and disbursements were any other public employer. made. (3) “Employee” includes only an employee who is (D) An employee who has made an authorization a resident of or is employed in this state. pursuant to division (A) or (B) of this section may revoke that authorization at any time. A revocation 3599.04 Contributions for illegal purposes of the authorization does not affect any deduction already made from an employee’s wages and salary or No person shall, directly or indirectly, in connection any amounts already transmitted or disbursed under with any election, pay, lend, or contribute or offer this section. or promise to pay, lend, or contribute any money or other valuable consideration in the election or defeat (E) For purposes of this section and for the purpose of of any candidate or the adoption or defeat of any the information required to be filed under division (B) question or issue for any purposes other than those (4)(b)(iii) of section 3517.10 of the Revised Code:

Ohio Secretary of State’s Office B-101 Ohio Campaign Finance Handbook enumerated in sections 3517.08 and 3517.12 of the 3599.40 General penalty Revised Code. Except as otherwise provided in section 3599.39 of Whoever violates this section is guilty of corrupt the Revised Code, whoever violates any provision practices and shall be fined not less than twenty-five of Title XXXV of the Revised Code, unless otherwise nor more than five hundred dollars. provided in such title, is guilty of a misdemeanor of the first degree. 3599.36 Perjury in matters relating to elections; election falsification 3599.45 Contributions from medicaid provider No person, either orally or in writing, on oath lawfully administered or in a statement made under (A) No candidate for the office of attorney general or penalty of election falsification, shall knowingly county prosecutor or such a candidate’s campaign state a falsehood as to a material matter relating committee shall knowingly accept any contribution to an election in a proceeding before a court, from a provider of services or goods under contract tribunal, or election official, or in a matter in relation with the department of job and family services to which an oath or statement under penalty of pursuant to the medicaid program of Title XIX of the election falsification is authorized by law, including “Social Security Act,” 49 Stat. 620 (1935), 42 U.S.C. a statement required for verifying or filing any 301, as amended, or from any person having an declaration of candidacy, declaration of intent to be ownership interest in the provider. a write-in candidate, nominating petition, or other petition presented to or filed with the secretary of As used in this section “candidate,” “campaign state, a board of elections, or any other public office committee,” and “contribution” have the same for the purpose of becoming a candidate for any meaning as in section 3517.01 of the Revised Code. elective office, including the office of a political party, for the purpose of submitting a question or issue (B) Whoever violates this section is guilty of a to the electors at an election, or for the purpose of misdemeanor of the first degree. forming a political party. 5747.29 Credits for political contributions Whoever violates this section is guilty of election falsification, a felony of the fifth degree. A nonrefundable credit is allowed against the tax Every paper, card, or other document relating to imposed by section 5747.02 of the Revised Code any election matter that calls for a statement to be for contributions of money made to the campaign made under penalty of election falsification shall committee of candidates for any of the following be accompanied by the following statement in bold public offices: governor, lieutenant governor, face capital letters: “Whoever commits election secretary of state, auditor of state, treasurer of state, falsification is guilty of a felony of the fifth degree.” attorney general, member of the state board of education, chief justice of the supreme court, justice 3599.39 Second conviction under election of the supreme court, or member of the general assembly. The amount of the credit for a taxable year laws. equals the lesser of the combined total contributions made during the taxable year by each taxpayer filing Any person convicted of a violation of any provision a return required to be filed under section 5747.08 of of Title XXXV [35] of the Revised Code, who is the Revised Code or the amount of fifty dollars, in the again convicted of a violation of any such provision, case of an individual return, or one hundred dollars, whether such conviction is for the same offense in the case of a joint return. or not, is on such second conviction guilty of a felony of the fourth degree, and in addition, shall be As used in this section: disfranchised. (A) “Candidate” has the same meaning as in division (B)(3) of section 3517.01 of the Revised Code, but is

B-102 Ohio Secretary of State’s Office Ohio Revised Code Campaign Finance Laws limited to candidates for the public offices specified in this section.

(B) “Contribution” has the same meaning as in division (B)(5) of section 3517.01 of the Revised Code, but is limited to contributions of money only.

The taxpayer shall claim the credit in the order required under section 5747.98 of the Revised Code. The credit for a taxable year shall not exceed the tax otherwise due for that year after allowing for any other credits that precede the credit under this section in that order.

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111-1-01 Scope. (1) Is composed of members, some or all of whom are vested with the power and authority to The rules set forth in Chapters 111-1 to 111-6 of the operate or administer the association, pursuant Administrative Code are issued by the Ohio secretary to the association’s articles, bylaws, constitution, of state to implement Ohio’s campaign finance laws. or other formal organizational documents;

The rules set forth in Chapters 111-1 to 111-6 of the (2) Expressly states the qualifications and Administrative Code shall apply to the nomination or requirements for membership in its articles, election of candidates or support for or opposition to bylaws, constitution, or other formal ballot issues in state and local elections. Nothing in organizational documents; these rules shall be construed as limiting or regulating federal elections, and those committees, parties, (3) Makes its articles, bylaws, constitution, or other candidates, or funds when they participate in such formal organizational documents available to its federal elections. members upon requests;

R.C. 119.032 review dates: 05/30/2006 and (4) Expressly solicits persons to become members; 01/01/2011 Promulgated Under: 119.03 (5) Expressly acknowledges the acceptance of Statutory Authority: 3517.23 membership, such as by sending a membership Rule Amplifies: 3517.10, 3517.102, 3517.105 card or including the member’s name on a Prior Effective Dates: 8/23/95(Emer); 11/21/95; membership newsletter list. 7/13/98 (Emer); 9/24/98; 1/1/02 (D)(1) “Member” means all persons who are currently satisfying the requirements for membership 111-1-02 Definitions. in a membership association, affirmatively accept the membership association’s invitation (A) In-kind contribution includes the provision of to become a member, and who do any of the goods or services without charge or at a charge following: which is less than the usual and normal charge for such goods or such services. If goods or services (a) Have some significant financial attachment are provided at less than the usual and normal to the membership association, such as a charge, the amount of the in-kind contribution is the significant investment or ownership stake; difference between the usual and normal charge for the goods or services at the time of the contribution (b) Pay membership dues, at least annually, and the amount charged the committee, party or of a specific amount predetermined by the fund. association;

(B) “Usual and normal charge for goods” means the (c) Have a significant organizational attachment price of those goods in the market from which they to the membership association which ordinarily would have been purchased at the time of includes affirmation of membership on at the contribution; and “usual and normal charge for least an annual basis and direct participatory services”, other than those provided by an unpaid rights in the governance of the association. volunteer, means the hourly or piecework charge For example, such rights could include for the services at a commercially reasonable rate the right to vote directly or indirectly for prevailing at the time the services were rendered. at least one individual on the membership association’s highest governing board, the (C) “Membership association” means a right to vote on policy questions where the membership organization, trade association, highest governing body of the association is cooperative, corporation without capital stock, obligated to abide by the results, the right to political contributing entity, or a local, national or approve the association’s annual budget, international labor organization that has all or a majority of the following characteristics:

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or the right to participate directly in similar (a) Political action committees, established, aspects of the association’s governance. financed, maintained or controlled by the same corporation, organization, labor (2) Notwithstanding the above requirements for organization, continuing association or other establishing membership, members of a local person, including any parent, subsidiary, labor union are considered to be members of branch, division, or department, of that any national or international labor union of corporation, organization, labor organization, which the local labor union is a part and of any continuing association or other person. federation with which the local, national, or international labor union is affiliated. (b) Political contributing entities established, financed, maintained or controlled by, or (3) In the case of a membership association that that are the same, corporation, organization, has a national federation structure or has several labor organization or other person, including levels, including for example, national, state, any parent, subsidiary, branch, division, or regional, and/or local affiliates, a person who department, of that corporation, organization, qualifies as a member of any entity within the labor organization or other person. federation or of any affiliate by meeting the above requirements for establishing membership (c) Political action committees and political shall also qualify as a member of all affiliates. contributing entities established, financed, maintained or controlled by, or that are (4) Notwithstanding the above requirements for the same, corporation, organization, labor establishing membership, the Ohio elections organization, continuing association or other commission may determine, on a case-by- person, including any parent, subsidiary, case basis, that persons who do not precisely branch, division, or department, of that meet those requirements but have a relatively corporation, organization, labor organization, enduring and independently significant or other person. organizational or financial attachment to the membership may be considered members. (2) “Affiliation” means for purposes of sharing a For example, student members who pay a single contribution limit under section 3517.102 lower amount of dues while in school, long of the Revised Code with respect to political term dues-paying members who qualify for action committees and political contributing lifetime membership status with little or no entities: dues obligation, and retired members may be considered members of the organization. (a) Political action committees sharing a single contribution limit under section 3517.102 (E) “Stockholder” or “shareholder” means a person of the Revised Code include all political who has a vested beneficial interest in stock, has the action committees, established, financed, power to direct how that stock shall be voted, if it is maintained, or controlled by: voting stock, and has the right to receive dividends. (i) A single corporation and its subsidiaries; (F) “Occupation” means the principal job title or position of an individual and whether or not self- (ii) A single national or international labor employed. union and its local labor unions or other subordinate organizations; (G) “Employer” means the organization or person by whom an individual is employed, and not the name (iii) An organization of national or of his or her supervisor. international labor unions and all its state and local central bodies; (H)(1) “Affiliation” means with respect to all political action committees and political contributing (iv) A membership association, other than entities: a political action committee, including

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trade or professional associations, and (a) Whether a sponsoring organization owns related state and local entities of that controlling interest in the voting stock or organization or group; securities of the sponsoring organization of another committee; (v) The same person or group of persons; (b) Whether a sponsoring organization, (vi) A continuing association; committee, or entity has the authority or ability to direct or participate in (vii) The same political contributing entity. the governance of another sponsoring organization, committee, or entity through (b) Political contributing entities sharing a single provisions of constitutions, by-laws, contribution limit under section 3517.102 contracts, or other rules, or through formal or of the Revised Code include all political informal practices, or procedures; contributing entities established, financed maintained, or controlled by: (c) Whether a sponsoring organization, committee or entity has the authority or (i) A single corporation and its subsidiaries; ability to hire, appoint, demote, or otherwise (ii) A single national or international labor control the officers, or other decision making union and its local labor unions or other employees or members of another sponsoring subordinate organizations; organization, committee, or entity;

(iii) An organization of national or (d) Whether a sponsoring organization, international labor unions and all its state committee, or entity has a common and local central bodies; membership with another sponsoring organization, committee, or entity; (iv) A membership association, other than a political action committee, including (e) Whether a sponsoring organization, trade or professional associations, and committee, or entity has common officers related state and local entities of that or employees with another sponsoring organization or group; or organization, committee, or entity;

(v) The same person or group of persons (f) Whether a sponsoring organization, committee, or entity provides funds in a (3) The Ohio elections commission and the significant amount or on an ongoing basis to secretary of state for purposes of referral to the another sponsoring organization, committee, Ohio elections commission may examine the or entity, such as through direct or indirect relationship between organizations, entities, payments for administrative, fund-raising, or committees, or funds that sponsor committees, other costs, but not including the transfer to a between the committees themselves, or between committee of its allocated share of proceeds one sponsoring entity or organization and a jointly raised; committee established by another entity or organization to determine whether committees (g) Whether a sponsoring organization, or entities are affiliated. committee, or entity causes or arranges for funds in a significant amount or on an (4) In determining whether committees or entities ongoing basis to be provided to another not described in paragraph (H)(2) of this rule sponsoring organization, committee, or are affiliated, the Ohio elections commission entity, but not including the transfer to a and the secretary of state will consider the committee of its allocated share of proceeds following circumstantial factors in the context of jointly raised; or the overall relationship between committees or sponsoring organizations or entities:

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(h) Whether the sponsoring organization, of value in a common account for the committee, or entity have similar patterns of specific purpose of supporting or opposing contributions or contributors which indicate any candidate, political party, legislative a formal or ongoing relationship between campaign fund, political action committee, the sponsoring organization, committee, political contributing entity, or ballot issue; or entity. The Ohio elections commission and the secretary of state for purposes of (b) Whether the combination of two or more referral to the Ohio elections commission persons has or will make a continuing pattern will examine these factors in the context of of expenditures from a common account to the overall relationship between committees, support or oppose any candidate, political sponsoring organizations, or entities to party, legislative campaign fund, political determine whether the presence of any factor action committee, political contributing or factors is evidence of one committee, entity, or ballot issue; sponsoring organization, or entity having been established, financed, maintained, (c) Whether the combination of two or more or controlled by another committee or persons constitutes an entity that was not in sponsoring organization. existence prior to supporting or opposing any candidate, political party, legislative (I) “Solicitation” for purposes of sections campaign fund, political action committee, 3517.082, 3517.09, 3517.092 and 3599.031 political contributing entity, or ballot issue; of the Revised Code shall mean an oral or written request for a contribution. Examples (d) Whether the total dollar value of the of a solicitation include directly or indirectly combination of two or more persons’ activity asking a person for a monetary or an in-kind described in paragraphs (K)(1)(a), (K)(1)(b) contribution. and (K)(1)(c) of this rule during a calendar year exceeds one hundred dollars. (J) “Political contributing entity” means any entity, including a corporation or labor (2) As used in this paragraph, “combination of two organization, that may lawfully make or more persons” does not include two or more contributions and expenditures and that persons making individual contributions to any is not an individual or a political action campaign committee, political party, legislative committee, continuing association, campaign campaign fund, political action committee, committee, political party, legislative political contributing entity, or ballot issue. campaign fund, designated state campaign (L) As provided in division (B)(8)(b) of section committee, or state candidate fund. In 3517.01 of the Revised Code, a political club that addition, “political contributing entity” does is formed primarily for social purposes and that not include professional associations under meets the following criteria, is not a “political action section 1702.01 of the Revised Code, limited committee” as defined by division (B)(8) of section liability companies under section 1705.01 of 3517.01 of the Revised Code: the Revised Code or partnerships as defined in Chapters 1775. to 1783. of the Revised (1) Consists of one hundred members or less; and Code. (2) Has officers; and (K)(1) In determining whether a purpose is a “primary or major purpose” as used in the definition (3) Periodic meetings; and of “political action committee” under section 3517.01 of the Revised Code, the following (4) Has less than two thousand five hundred dollars shall be considered: in its treasury at all times; and

(a) Whether the combination of two or more (5) Makes aggregate total contribution(s) of one persons receives money or any other thing thousand dollars or less per calendar year.

C-6 Ohio Secretary of State’s Office Campaign Finance Administrative Rules

Effective: 07/27/2006 written agreement. Any reduction in the unpaid R.C. 119.032 review dates: 05/02/2006 and balance of the loan shall reduce proportionately the 07/01/2011 amount endorsed or guaranteed by each endorser or Promulgated Under: 119.03 guarantor in such written agreement. In the event that Statutory Authority: 3517.23 such agreement does not stipulate the portion of the Rule Amplifies: 3517.01, 3517.08, 3517.082, loan for which each endorser or guarantor is liable, 3517.10, 3517.102, 3599.03 the loan shall be considered a loan by each endorser Prior Effective Dates: 8/23/1995 (Emer), 11/21/95, or guarantor in the same proportion to the unpaid 7/13/98 (Emer), 9/24/98, 1/1/02, 1/1/06 balance that each endorser or guarantor bears to the total number of endorsers or guarantors. If a third party other than the endorser or guarantor repays all 111-1-03 Loan. or part of any loan the amount of any or all payments made by that third party constitutes a contribution by (A) The term “loan” includes a guarantee, that third party. endorsement, and any other form of security. (F) A candidate may obtain a loan on which his or (B) A loan is a contribution at the time it is made her spouse’s signature is required when joint assets and is a contribution to the extent that it remains are used as collateral or security for the loan. The unpaid. The aggregate amount loaned to a candidate spouse shall not be considered a contributor to the or committee by a contributor, when added to other candidate’s campaign if the value of the candidate’s contributions from that individual to that candidate share of the property used as collateral equals or or committee, shall not exceed the contribution limit exceeds the amount of the loan which is used for the set forth in section 3517.102 of the Revised Code. candidate’s campaign. A loan, to the extent that it is repaid, is no longer a contribution. (G) A loan obtained by or for the benefit of a statewide, senate or house candidate shall be (C) If an individual, political action committee, considered personal funds and subject to the political contributing entity, political party, campaign provisions of section 3517.103 of the Revised Code to committee, or legislative campaign fund makes a loan the extent that such loan is obtained by a statewide, to any candidate or committee, such loan shall be senate or house candidate or for the benefit of subject to the limitations set forth in section 3517.102 such candidate by the candidate’s spouse, parents, of the Revised Code. Repayment of the principal children, sons-in-law, daughters-in-law, brothers, amount of such loan to any committee, fund, or party sisters, grandparents, mothers-in-law, fathers-in-law, shall not be a contribution by the debtor to the lender, brothers-in-law, sisters-in-law, or grandparents by committee, fund, or party. The payment of interest to marriage. such committee, fund or party by the debtor shall be a contribution only to the extent that the interest paid (H) A loan of money by a state bank, a federally exceeds a commercially reasonable rate prevailing at chartered depository institution (including a national the time the loan is made. bank), or a state chartered depository institution whose deposits and accounts are insured is not a (D) Except as otherwise provided in divisions (I)(6) contribution by the lending institution if such loan is and (J)(5) of section 3517.992 of the Revised Code, made in accordance with applicable banking laws A loan that exceeds the contribution limits of section and regulations and is made in the ordinary course 3517.102 of the Revised Code shall be unlawful of business. A loan will be deemed to be made in the whether or not it is repaid. ordinary course of business if it: (E) Except as provided in this rule, a loan is a (1) Bears the usual and customary interest rate of contribution by each endorser or guarantor. Each the lending institution for the category of loan endorser or guarantor shall be deemed to have involved; contributed that portion of the total amount of the loan for which he or she agreed to be liable in a

Ohio Secretary of State’s Office C-7 Ohio Campaign Finance Handbook

(2) Is made on a basis which assures repayment; The committee may not make contributions solely in its acronym or abbreviated name. A committee (3) Is evidenced by a written instrument; and established by a corporation or labor organization which has a number of subsidiaries need not include (4) Is subject to a due date or amortization the name of each subsidiary in its name. Similarly, schedule. a committee established by a subsidiary need not include in its name the name of its parent or another (I) Such loans shall be reported by the committee, subsidiary of its parent. For purposes of this rule, party, or fund in accordance with division (B)(4)(e) of “sponsoring organization” means a corporation, section 3517.10 of the Revised Code. For purposes nonprofit corporation, or labor organization that of Chapter 3517. of the Revised Code, an overdraft establishes or administers a political action committee made on a checking or savings account shall be or a separate segregated fund pursuant to section considered a contribution by the bank or institution 3517.082 of the Revised Code. unless: R.C. 119.032 review dates: 05/30/2006 and (1) The overdraft is made on an account which is 01/01/2011 subject to automatic overdraft protection; Promulgated Under: 119.03 Statutory Authority: 3517.23 (2) The overdraft is subject to immediate Rule Amplifies: 3517.10 repayment; or Prior Effective Dates: 8/23/95 (Emer); 11/21/95; 1/1/02 (3) There is a definite repayment schedule. R.C. 119.032 review dates: 05/30/2006 and 01/01/2011 111-1-05 Best efforts. Promulgated Under: 119.03 When the treasurer of a candidate’s campaign Statutory Authority: 3517.23 committee, political action committee, political Rule Amplifies: 3517.10, 3517.102 contributing entity or separate segregated fund shows Prior Effective Dates: 8/23/95 (Emer); 11/21/95; that best efforts have been used to obtain, maintain, 7/13/98(Emer); 9/24/98; 1/1/02 and submit the information required by Chapter 3517. of the Revised Code, any report of such 111-1-04 Name of committee. committee or fund shall be considered in compliance with such chapter. The treasurer shall make a notation The name of each candidate’s campaign committee on the form prescribed by the secretary of state, shall include on the designation of treasurer form at in lieu of the missing or incomplete information, least the last name of the candidate who authorized that best efforts have been made to obtain that such committee. No committee, other than the information. candidate’s campaign committee, shall include the name of any candidate in its name. For purposes of With regard to reporting the identification of each this definition, “name” includes any name under person whose contribution(s) to the committee or which a committee conducts activities, such as fund and its affiliated committees or funds exceeds solicitations or other communications. one hundred dollars, the treasurer and the committee or fund will be deemed to have exercised best The name of a political action committee formed efforts to obtain, maintain and report the required pursuant to Ohio law shall include the name of its information if: sponsoring organization, if any. Such committee may use a clearly recognized abbreviation or (A) All written solicitations for contributions in excess acronym by which the sponsoring organization is of one hundred dollars include a clear request for commonly known. However, both the full names the contributor’s full name, street address, name of and such abbreviation or acronym shall be included employer, or occupation if self-employed. on the committee’s designation of treasurer form.

C-8 Ohio Secretary of State’s Office Campaign Finance Administrative Rules

(B) For each contribution received in excess of one R.C. 119.032 review dates: 12/26/2006 and hundred dollars which lacks required contributor 12/01/2011 information such as the contributor’s full name, Promulgated Under: 119.03 street address, name of employer, or occupation if Statutory Authority: RC 3517.15 self-employed, the treasurer makes at least one effort Rule Amplifies: RC 3517.10, 3517.108, 3517.109 after the receipt of the contributions to obtain the Prior Effective Dates: 8/23/95 (Emer.), 11/21/95 missing information. Such effort shall consist of either a written request sent to the contributor or an oral request to the contributor documented in writing. 111-1-08 Limitations pertaining to federal committees. (C) The treasurer reports all contributor information not provided by the contributor, but in the campaign Any federal political committee that makes a committee’s possession; and contribution or contributions to a statewide or general assembly candidate, political action committee, (D) If any of the contributor information is received political contributing entity, legislative campaign after the contribution has been disclosed on a fund, or political party shall be subject to the limits regularly scheduled report, the campaign committee on contributions that may be made by political action files, before its next regularly scheduled reporting committees as set forth in section 3517.102 of the date, an amendment to the report disclosing the Revised Code. contributions including the contributor’s identification Effective: 07/27/2006 together with the dates and amounts of the R.C. 119.032 review dates: 05/02/2006 and contributions. 07/01/2011 Promulgated Under: 119.03 (E) In accordance with division (L) of section 3517.10 Statutory Authority: 3517.23 of the Revised Code, this rule does not apply to Rule Amplifies: 3517.102 contributions received by a political contributing Prior Effective Dates: 8/23/95 (Emer), 11/21/95, entity from the dues, membership fees, or other 1/1/02 assessments of its members or from its officeholders, shareholders, or employees to the extent that dues, membership fees, or other assessments may be 111-1-09 Local candidate waiver of aggregated for reporting purposes. reporting requirements. R.C. 119.032 review dates: 05/30/2006 and 01/01/2011 The campaign committee of a candidate that files a Promulgated Under: 119.03 “Local Candidate Waiver” in addition to a designation Statutory Authority: 3517.23 of treasurer is not required to file any campaign Rule Amplifies: 3517.20, 3599.031 finance reports pursuant to section 3517.10 of Prior Effective Dates: 8/23/95 (Emer); 11/21/95; the Revised Code including any pre-election, post 7/13/98 (Emer); 9/24/98; 1/1/02 election or annual report. For purposes of determining if a “Local Candidate 111-1-06 Computation of time. Waiver” is appropriate, election period is defined as the period of time beginning when the candidate files In computing any period of time prescribed or his or her candidacy petition through election day. allowed by these rules or Chapter 3517. of the The “Local Candidate Waiver” must be filed not later Revised Code, the day of the act, event, or default than ten days after the candidate’s petition has been from which the designated period of time begins to filed. run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Candidates for an elected municipal office that pays a Sunday, or a legal holiday. an annual salary of five thousand dollars or less, candidates for member of a board of education (including educational service centers) except

Ohio Secretary of State’s Office C-9 Ohio Campaign Finance Handbook for state board of education, and candidates for a labor organization, corporation or national bank, township trustee and clerk may qualify to file a “Local but does not mean a labor organization, corporation, Candidate Waiver” if all of the following apply: or national bank unless the labor organization, The campaign committee will not accept during corporation, or national bank is a political an election period more than two thousand dollars contributing entity. of aggregate contributions; will not accept more than one hundred dollars from any one individual Notwithstanding any part of this section, any contributor; and will not make aggregate expenditures expenditure by a political party for the purpose of during an election period greater than two thousand financing communications advocating the election dollars. For purposes of this paragraph, “individual” or defeat of a candidate for judicial office shall be does not include the candidate whose campaign deemed to be an independent expenditure. committee has filed a “Local Candidate Waiver.” A “communication advocating election or defeat” If the campaign committee of a candidate that has means a communication that includes, but is not filed a “Local Candidate Waiver” subsequently limited to, expressions such as “vote for,” “elect,” accepts any contributions in excess of the amounts set “support,” “cast your ballot for,” or “vote against,” out above or spends more than two thousand dollars, “defeat,” or “reject”. the waiver is void and the candidate must report all contributions and expenditures received or made “Clearly identified candidate” means that the name from the time the candidacy petition was filed to the of the candidate appears, a photograph or drawing of date when the excess amount was received or spent. the candidate appears, or the identity of the candidate is otherwise apparent. The waiver covers activity accruing through the postgeneral reporting period of the year in which “Made with cooperation or with the prior consent the waiver is filed. After that time, the campaign of, or with the consent of, or in consultation with, committee must either terminate or begin filing the or at the request or suggestion of a candidate or any statements required under section 3517.10 of the agent or authorized committee of the candidate” Revised Code. means any arrangement, coordination, or direction by the candidate or his or her agent prior to the R.C. 119.032 review dates: 05/30/2006 and publication, distribution, display or broadcast of the 01/01/2011 communication. An expenditure will be presumed to Promulgated Under: 119.03 be so made when it is: Statutory Authority: 3517.23 Rule Amplifies: 3517.10 (A) Based on information about the candidate’s plans, Prior Effective Dates: 7/13/98 (Emer); 9/24/98; 1/1/02 projects, or needs provided to the person making the expenditure by the candidate or by the candidate’s 111-3-02 Independent expenditures. campaign committee or agent, with a view toward having an expenditure made; or Independent expenditure means an expenditure by a (B) Made by or through any person who is or has person for a communication advocating the election been authorized to raise or expend funds, who is or defeat of a clearly identified candidate or ballot or has been an officer of the candidate’s committee issue which is not made with the cooperation or with or who is or has been, receiving any form of the prior consent of or in consultation with, or at the compensation or reimbursement from the candidate, request or suggestion of, a candidate or any agent or the candidate’s committee, or agent; authorized committee of such candidate. (C) Made by a political party in support of a For purposes of this definition “person” means an candidate, unless the expenditure is made by a individual, partnership, committee, association, or political party to conduct voter registration or voter any organization or group of persons, including education efforts. a separate segregated fund, political contributing entity or political action committee established by

C-10 Ohio Secretary of State’s Office Campaign Finance Administrative Rules

“Made with cooperation or with prior consent of, or 111-3-03 Reporting independent in consultation with or at the request or suggestion of” expenditures. does not include providing to the expending person upon request Ohio elections commission or secretary (A) Every person or entity who makes an independent of state guidelines on independent expenditures. expenditure shall file a signed statement with the secretary of state or the board of elections, as “Agent” means any person who has actual oral or appropriate, on a form prescribed by the secretary of written authority, either express or implied, to make state, which shall include: or to authorize the making of expenditures on behalf of a candidate, or means any person who has been (1) The reporting person’s or entity’s name and placed in a position within the campaign organization street address; where it would reasonably appear that in the ordinary course of campaign-related activities he or she may (2) The name and street address of the person or authorize expenditures. entity to whom the expenditure was made;

An expenditure not qualifying under this section (3) The amount, date, and purpose of each as an independent expenditure shall be an in-kind expenditure; contribution to the candidate. (4) A statement that indicates whether such The financing of the dissemination, distribution, or expenditure was in support of or in opposition republication, in whole or in part, of any broadcast to a candidate, together with the candidate’s or any written, graphic or other form of campaign name and office sought or in support of or materials prepared by the candidate, the candidate’s opposition to any ballot issue together with the campaign committee, or authorized agents thereof ballot issue number, whether it was a state or shall be considered a contribution for the purpose of local issue, and if a local issue, the county or contribution limits and reporting responsibilities by district it covered; the person making the expenditure but shall not be considered an expenditure by the candidate or the (5) A signed certification under penalty of election candidate’s authorized committee unless made with falsification that such expenditure was not made the cooperation or with the prior consent of, or in in cooperation, consultation or concert with, or consultation with, or at the request or suggestion of, at the request or suggestion of any candidate, a candidate or any authorized agent or committee ballot issue committee or any authorized thereof. The value of an individual’s time in the committee or agent thereof. door-to-door distribution or handing out of written campaign materials by that individual is not a (B) Statements required to be filed under section contribution or expenditure for purposes of this rule. 3517.105 of the Revised Code shall be filed:

No expenditure by an authorized committee of a (1) At the same time and place as the person or candidate on behalf of that candidate shall qualify as entity files a statement required by section an independent expenditure. 3517.10 of the Revised Code and as part of that statement; or R.C. 119.032 review dates: 12/26/2006 Promulgated Under: 119.03 (2) If no statement is required by section 3517.10 Statutory Authority: RC 3517.23 of the Revised Code, the individual, partnership, Rule Amplifies: RC 3517.10, 3517.105, 3599.03 or other entity shall file with the secretary of Prior Effective Dates: 9/6/74, 11/21/95, 7/13/98 state in the case of a statewide candidate or (Emer.), 9/24/98, 1/1/02, 1/1/06 issue, or with the board of elections in the county in which the affected candidate files the candidate’s petitions or declaration of intent to be a write-in candidate for nomination or election for district or local office.

Ohio Secretary of State’s Office C-11 Ohio Campaign Finance Handbook

R.C. 119.032 review dates: 12/26/2006 111-4-01 Establishment of separate Promulgated Under: 119.03 segregated fund. Statutory Authority: RC 3517.23 Rule Amplifies: RC 3517.10, 3517.105 A corporation or labor organization may establish, Prior Effective Dates: 9/6/74, 8/23/95 (Emer.), administer and solicit contributions to a separate 11/21/95, 7/13/98 (Emer.), 9/24/98, 1/1/02 segregated fund (SSF) or political action committee (PAC) of the corporation or labor organization for 111-3-04 Limitation on use of personal Ohio state and local elections or for both federal elections and Ohio state or local elections. The funds. former shall be known as an Ohio corporate or labor organization political action committee (Ohio No candidate who has failed to file a personal funds corporate/labor PAC) and the latter as a combined notice as required in section 3517.103 of the Revised federal, state and local political action committee Code shall knowingly make expenditures from his or (FSL PAC). her personal funds or the funds of his or her spouse, parents, children, sons-in-law, daughters-in-law, R.C. 119.032 review dates: 05/30/2006 and brothers, sisters, grandparents, mother-in-law, father- 01/01/2011 in-law, brothers-in-law, sisters-in-law, or grandparents Promulgated Under: 119.03 by marriage, in connection with his or her campaign Statutory Authority: 3517.23 for nomination for election to office which exceeds Rule Amplifies: 3517.082 one hundred thousand dollars during a primary Prior Effective Dates: 7/16/88, 8/23/95 (Emer), election period in the aggregate or one hundred fifty 11/21/95, 1/1/02 thousand dollars during the general election period in the aggregate, in the case of statewide candidates, 111-4-02 Which laws govern Ohio and twenty five thousand dollars during a primary election period in the aggregate or twenty-five corporate/labor PACs and FSL PACs. thousand dollars during the general election period (A) All Ohio laws and regulations with respect to in the aggregate, in the case of senate and house political action committees apply to Ohio corporate/ candidates. labor PACs. Expenditures made using a credit card for which the (B) An FSL PAC is established and governed by federal candidate is jointly or solely liable will count against laws and regulations, except that an FSL PAC shall the limits of this section to the extent that the full file such reports and statements required by sections amount due, including any finance charge, is not paid 3517.082, 3517.10, 3517.105 and 3517.107 of by the committee within sixty days after the closing the Revised Code and this rule to the extent that date of the billing statement on which the charges first an FSL PAC is participating in Ohio elections, and appear. For purposes of this section the closing date not otherwise governed by federal law, it shall be shall be the date indicated on the billing statement governed by Ohio law. which serves as the cutoff date for determining which charges are included on that billing statement. R.C. 119.032 review dates: 05/31/2006 and 01/01/2011 R.C. 119.032 review dates: 12/26/2006 Promulgated Under: 119.03 Promulgated Under: 119.03 Statutory Authority: 3517.23 Statutory Authority: RC 3517.23 Rule Amplifies: 3517.082 Rule Amplifies: RC 3517.103 Prior Effective Dates: 3/7/88, 8/23/95(Emer), Prior Effective Dates: 8/23/95 (Emer.), 11/21/95, 11/21/95, 1/1/02 1/1/02

C-12 Ohio Secretary of State’s Office Campaign Finance Administrative Rules

111-4-03 FSL corporate/labor PAC must file 111-4-04 Reports to be filed by FSL PACs. statement of organization; Ohio corporate/ An FSL PAC that makes a contribution, expenditure labor PAC must disclose sponsoring or independent expenditure in connection with corporation. Ohio state or local elections shall file with the secretary of state a copy of the relevant portions (A) An FSL PAC must file with the Ohio secretary of each report that it files with the federal election of state a copy of its most recent federal statement commission which reflect any disbursement made of organization prior to making expenditures in for the purpose of influencing Ohio state and local connection with Ohio state or local elections. elections regardless of amount. The relevant portions Thereafter, a copy of any amended statement of of each such report shall include the summary page organization must be filed at the same time it is filed that contains the total amount of expenditures, with the federal election commission. No other form contributions or independent expenditures made in of registration is required. connection with Ohio state and local elections, the detailed summary page, and those pages of itemized (B) An Ohio corporate/labor PAC must provide contributions, expenditures and independent the name of its sponsoring corporation or labor expenditures made in connection with Ohio state or organization on its “Designation of Treasurer” form local elections. The copy of the relevant portions of and on all finance reports filed pursuant to sections any such report shall be filed with the secretary of 3517.10 and 3517.105 of the Revised Code. state not later than the date the full report is required (C) (1) An Ohio corporate/labor PAC formed by a to be filed with the federal election commission. corporation must state on its “Designation If during a federal reporting period, an FSL PAC made of Treasurer” form the names of any other disbursements related to both federal and state or PACs, including FSL PACs, of its sponsoring local elections in Ohio, it may file with the secretary corporation, wholly owned subsidiaries of of state a single copy of the portions of its report its sponsoring corporation, and the parent required to be filed under Ohio and federal law. If organization of its sponsoring corporation, an FSL PAC had no disbursements during a federal which receive contributions or make reporting period related to state or local elections in expenditures in connection with Ohio state or Ohio, then it is not required to file a copy of its report local elections. with the secretary of state. (2) An Ohio corporate/labor PAC formed by a labor An FSL PAC that makes a contribution or organization must state on its “Designation of contributions to a state or local PAC with which it is Treasurer” form the names of any other PACs, affiliated shall file a statement of Ohio contributors including FSL PACs, of its sponsoring labor with the secretary of state on or before the last organization and the international, national, business day of January of the year following the year or state organization of its sponsoring labor in which the contribution was made by the FSL PAC. organization which receive contributions or Such statement need only contain the name and make expenditures in connection with Ohio address of each contributor to the FSL PAC who is or state or local elections. was, at the time of making the contribution, a resident R.C. 119.032 review dates: 12/22/2006 and of Ohio and, for each name listed, the aggregate total 12/23/2011 amount contributed by each contributor during the Promulgated Under: 119.03 reporting period. Statutory Authority: RC 3517.15 HISTORY: Eff 3-7-88; 8-23-95 (Emer.); 11-21-95; Rule Amplifies: RC 3517.082 7-13-98 (Emer.); 9-24-98; 1-1-02 Prior Effective Dates: 3/7/88, 8/23/95(Emer.), 11/21/95 Rule promulgated under: RC 119.03 Rule authorized by: RC 3517.23 Rule amplifies: RC 3517.107 R.C. 119.032 Review Dates: JUL 01 2006

Ohio Secretary of State’s Office C-13 Ohio Campaign Finance Handbook

111-4-06 Reporting of establishment, are not reportable. As used in division (C)(4) of administrative and solicitation costs section 3517.082 of the Revised Code, professional by Ohio corporate/labor PACs and FSL fees include, but are not limited to, fees paid for the following services: legal; accounting; fund- corporate PACs. raising; printing; graphic, mail; computer; catering, and golf greens. Professional fees do not include (A) A corporation or labor organization may directly salaries or wages paid to the corporation’s or labor pay the establishment, administrative and solicitation organization’s employees. expenses of its Ohio PAC or it may transfer funds to an administrative account of the PAC, or both. Funds (E) Equipment costs, employee wages and salaries, in the administrative account may not be commingled professional fees and solicitation expenses required with funds in the PAC. An Ohio corporate/labor to be reported by a corporation or labor organization PAC may also pay its expenses directly from the to its FSL PAC or Ohio corporate/labor PAC shall PAC. However, in such event, the PAC may not be be reported as follows: those which are attributable reimbursed by the corporation or labor organization. exclusively to Ohio state and local elections are reported in full; those which can not be attributed (B) The establishment, administrative and solicitation exclusively to Ohio state or local elections may expenses required to be reported by a corporation be reported in full or may be prorated based or labor organization to its Ohio PAC and FSL PAC, on the proportion that expenditures of the PAC pursuant to division (C) of section 3517.082 of the or disbursements of the FSL PAC in connection Revised Code, include those which have been paid with Ohio state and local elections bear to total A labor organization or affiliated organizations, or expenditures or disbursements in connection with by a corporation, its wholly owned subsidiaries or all elections during the same period, as described its parent organization or from the administrative in paragraph (A) of this rule. An activity which account of the PAC or FSL PAC. In the case of an related to the PAC or FSL PAC as a whole, such as Ohio corporate/labor PAC, all reportable expenses soliciting contributions, is attributable to all elections paid during the reporting period of each report filed influenced during the reporting period. For purposes pursuant to division (A) of section 3517.10 of the of determining if the fifty per cent threshold set forth Revised Code shall be reported to the PAC. An Ohio in divisions (C)(2) and (C)(3) of section 3517.082 of corporate/labor PAC must report such expenses at the the Revised Code is exceeded, all of an employee’s time it files a campaign finance report. time and all of an equipment’s use related to the (C) For purposes of divisions (C) (2) and (C) (3) PAC or FSL PAC shall be taken into consideration. of section 3517.082 of the Revised Code, a Proration may be used to determine only the amount corporation or labor organization may use any of a cost to be reported. reasonably accurate method of determining whether R.C. 119.032 review dates: 05/30/2006 and an employee’s time or the use of equipment 01/01/2011 relate to establishing, administering and soliciting Promulgated Under: 119.03 contributions to its Ohio PAC or FSL PAC exceeds fifty Statutory Authority: 3517.23 per cent. Rule Amplifies: 3517.082 Prior Effective Dates: 3/7/88, 8/23/95 (Emer), (D) As used in division (C)(3) of section 3517.082 11/21/95, 7/13/98 (Emer), 9/24/98, 1/1/02 of the Revised Code, the term equipment includes, but is not limited to, typewriters, word processors, computers, computer software, internet service, 111-4-07 Social or fund-raising events; gifts, photocopies and photocopiers, adding machines, prizes, or other things of value in exchange desks, files, telephones, postage meters, motor for contributions. vehicles, and any other equipment necessary to meet the requirements of section 3517.106 of the (A) A corporation, nonprofit corporation, or labor Revised Code. The cost of pens, pencils and similar organization may not use its money or property for office supplies and electricity to operate equipment a social fund-raising event for its Ohio PAC, if an

C-14 Ohio Secretary of State’s Office Campaign Finance Administrative Rules employee’s or labor organization member’s right party, are not administrative expenses under section to attend the event is predicated on the employee 3517.082 of the Revised Code, and a corporation or member contributing or having contributed or including a nonprofit corporation may not use its agreeing to contribute to the PAC. An informational money or property for such activities. Such activities meeting concerning the PAC is not a social event include, but are not limited to, the following: for purposes of this rule, so long as any provision of food and beverages at the event is insignificant (1) Nonmonetary (in-kind) contributions to Ohio and merely incidental thereto. An Ohio corporate state or local candidates, political parties, and PAC may charge employees or members to attend a legislative campaign funds; social fund-raising event if the corporation’s money or property is not used in connection with the event. (2) Independent expenditures to influence state or local candidate elections other than ballot issue (B) A corporation including a nonprofit corporation, elections; may not pay for a thing of value, such as a prize or gift, in exchange for a contribution to its Ohio PAC. (3) Receptions or other social events for state or Lapel pins, plaques, certificates, coffee cups, T-shirts, local candidates, political parties, and legislative caps and like items of insignificant cost evidencing campaign funds; and contributor status in the PAC are not things of value (4) Communications to stockholders, members, for purposes of this rule. An Ohio corporate PAC employees, directors, officers, or trustees of the may pay for a prize, gift or other thing of value from corporation regarding state or local candidates. its political action committee or separate segregated This provision does not include a regular fund in exchange for a contribution to the fund. communication to the PAC’s contributors, R.C. 119.032 review dates: 05/30/2006 and reporting how PAC funds were spent, including 01/01/2011 the names of candidates and officeholders to Promulgated Under: 119.03 whom contributions were made and the voting Statutory Authority: 3517.23 record of such officeholders. Rule Amplifies: 3599.03 Prior Effective Dates: 3/7/88, 8/23/95 (Emer), (C) An Ohio corporate PAC or FSL corporate PAC 11/21/95, 1/1/02 may conduct the activities specified in paragraphs (B)(1), (B)(2), (B)(3), and (B)(4) of this rule if the PAC pays all associated expenses from its political action 111-4-08 Solicitation of contributions committee or separate segregated fund established for a particular candidate prohibited; under section 3517.082 of the Revised Code. administrative expenses which may and may not be paid by a connected corporation. (D) A corporation, nonprofit corporation, or labor organization may use its money and property for the (A) A corporation, nonprofit corporation, or labor following activities of its Ohio PAC or FSL PAC in organization may not solicit contributions to its connection with Ohio state or local elections, but Ohio PAC or FSL PAC for a particular Ohio state or only if such activities are designed so as not to aid local candidate or a political party. However, an any particular candidate or political party: Ohio PAC or FSL PAC may permit their contributors (1) Voter registration and get-out-the-vote activities; to voluntarily earmark their contributions for any particular candidate, political action committee, (2) Candidate debates and other functions at which political contributing entity, legislative campaign candidates are permitted to address or meet fund, or political party of their choice. voters, but only if each candidate for the same office is offered the same opportunity to appear (B) Except as provided in paragraph (D) of this rule, and speak at such function. No effort may be expenses associated with activities of an Ohio PAC made at such functions to express support for or FSL PAC, which aid Ohio state or local candidates, any legislative campaign fund, or any political

Ohio Secretary of State’s Office C-15 Ohio Campaign Finance Handbook

a candidate or to solicit contributions for a (b) e-mail; candidate; (c) memoranda; (3) Printed material intended to educate voters as to the qualifications, records and positions (d) reports of candidates consisting of questions directed to all candidates for the same office and their (2) designing, producing or posting, or the verbatim responses to such questions, provided permitted posting of a sign or other material, that the number of words per response may be including a sign or other information limited at the time the questions are sent. produced and paid for by a candidate’s campaign committee, political party or R.C. 119.032 review dates: 05/30/2006 and legislative campaign fund, that is posted in a 01/01/2011 place viewable exclusively by the members, Promulgated Under: 119.03 employees, officers, or trustees of the labor Statutory Authority: 3517.23 organization or shareholders, employees, Rule Amplifies: 3517.082 officers, or directors of a corporation or to Prior Effective Dates: 3/7/88, 1/1/02 members of the immediate families of any such individual or is unintentionally viewable as well 111-4-09 Corporation and Labor to a de minimis number of other individuals. Organization Communications. (3) Audible speech or the permitted audible speech on the property or through the facilities of the (A) As provided by section 3599.03 of the Revised labor organization or corporation so long as Code, the placement of a campaign sign on the such speech or permitted speech is delivered property of a corporation, nonprofit corporation or exclusively to the members, employees, labor organization is not a use of property in violation officers, or trustees of the labor organization of division (A) of section 3599.03 of the Revised or shareholders, employees, officers, or Code. A corporation, nonprofit corporation or labor directors of the corporation or to members of organization may not produce a campaign sign for the immediate families of any such individual placement or pay for the production or placement or is unintentionally delivered as well to a de or erection of a campaign sign on the corporation, minimis number of other individuals. nonprofit corporation or labor organization’s property. Effective: 01/01/2006 (B) For the purpose of division (F)(3) of section R.C. 119.032 review dates: 01/01/2011 3599.03 of the Revised Code, “communicating Promulgated Under: 119.03 information” by a corporation or labor organization Statutory Authority: 3517.23 shall include all of the following: Rule Amplifies: 3599.03

(1) written communication, including communication and information produced and 111-4-10 Electioneering Communication. paid for by a candidate’s campaign committee, political party or legislative campaign fund, (A) As prohibited by 3517.1011 (H) of the Revised that is distributed exclusively to members, Code, no person shall make, during the thirty days employees, officers, or trustees of the labor preceding a primary election or during the thirty organization or shareholders, employees, days preceding a general election, an electioneering officers, or directors of the corporation or to communication using any contributions received members of the immediate families of any such from a corporation or labor organization. For the individual or is unintentionally sent as well to a purpose of this prohibition, “make” means the airing de minimis number of other individuals by: or running of any electioneering communication.

(a) mail either as an individual piece or part of a (B) Division (H) of 3517.1011 does not preclude an multi-piece package; individual, partnership or unincorporated association

C-16 Ohio Secretary of State’s Office Campaign Finance Administrative Rules from making, within the 30 days prior to a primary or (2) Making a charitable donation under division (G) general election, an electioneering communication of section 3517.08 of the Revised Code. so long as no corporation or labor organization has contributed anything of value toward the making of (D) As used in this rule, the filing by the circulator or the electioneering communication. committee in charge of an initiative or referendum petition, or supplementary petition for additional Effective: 01/01/2006 signatures, for the submission of a constitutional R.C. 119.032 review dates: 01/01/2011 amendment, proposed law, section, or item of any Promulgated Under: 119.03 law of the appointment of a treasurer as required by Statutory Authority: 3517.23 division (A) of section 3517.12 of the Revised Code Rule Amplifies: 3517.1011 and detailed in paragraph (E) of this rule, creates a “Ballot Issue Political Action Committee.” A “ballot 111-4-11 Statewide ballot issue political issue political action committee” consists of all of the action committees. following:

(A) As used in divisions (A) and (C) of section 3517.12 (1) The treasurer appointed pursuant to division (A) of the Revised Code and this rule, “contribution” of section 3517.12 of the Revised Code, and; shall mean a loan, gift, deposit, forgiveness of (2) The circulator or committee member signing the indebtedness, donation, advance, payment, or transfer designation of treasurer appointing the treasurer, of funds or anything of value, including a transfer and; of funds from an inter vivos or testamentary trust or decedent’s estate, and the payment by any person (3) Any committee member engaged in the other than the person to whom the services are creating, copying, distributing or circulating rendered for the personal services of another person, the initiative or referendum petition, or which contribution is made, received, or used for supplementary petition for additional the purpose of influencing the results of an election. signatures, for the submission of a constitutional All contributions shall be included on a statement of amendment, proposed law, section or item of contributions filed under those divisions and this rule. any law.

(B) For the purpose of divisions (A) and (C) of (E) As required by division (A) of section 3517.12 of section 3517.12 of the Revised Code and this rule, the Revised Code, prior to receiving a contribution or “contribution” does not include any of the following: making an expenditure, the circulator or committee in charge of an initiative or referendum petition, or (1) Services provided without compensation by supplementary petition for additional signatures, individuals volunteering a portion or all of their for the submission of a constitutional amendment, time to the creating, copying, distributing or proposed law, section, or item of any law shall circulating of the issue petitions or the gathering appoint a treasurer and shall file with the secretary of petition signatures; of state, on a form prescribed by the secretary of (2) Ordinary home hospitality; state, a designation of that appointment, including the full name and address of the treasurer and of the (3) The personal expenses of a volunteer paid for by circulator or committee. that volunteer. (1) For the purpose of paragraph (E) of this rule, the (C) As used in divisions (A) and (C) of section 3517.12 form used to appoint the treasurer and disclose of the Revised Code and this rule, “expenditure” shall the full name and address of the treasurer and of mean the disbursement or use of a contribution for the circulator or committee is the designation of the purpose of: treasurer, form 30-D.

(1) Influencing the results of an election, or; (2) The circulator or committee filing form 30-D shall indicate on the designation of treasurer

Ohio Secretary of State’s Office C-17 Ohio Campaign Finance Handbook

form that the filing is being made for or committee, legislative campaign fund or political on behalf of a ballot issue political action action committee. committee. The designation of treasurer form, as prescribed by the secretary of state, (H) Pursuant to division (D)(2) of section 3517.102 shall include an area whereby a circulator or of the Revised Code, a ballot issue political action committee may make this indication. committee is not subject to the limitations specified in divisions (B)(1)(a)(vii), (B)(3)(d), (B)(4), and (C)(7) of (F) As required by division (C) of section 3517.12 of section 3517.102 of the Revised Code. the Revised Code, the designated treasurer of a ballot issue political action committee shall file statements (I) Nothing in section 3517.12 of the Revised Code of contributions and expenditures in accordance with or this rule restricts or limits the creation of a political section 3517.10 of the Revised Code regarding all action committee that is organized to support or contributions made or received and all expenditures oppose a certified ballot issue or a proposed ballot made by that treasurer, the circulator, or committee in issue. connection with the initiative or referendum petition supplementary petition for additional signatures, (J) The filing and disclosure requirements of divisions for the submission of a constitutional amendment, (A) and (C) of section 3517.12 of the Revised Code, proposed law, section, or item of any law. as amplified by this rule, are separate and distinct from the filing and disclosure requirements of division (1) For the purpose of paragraph (F) of this rule, all (B) of section 3517.12 of the Revised Code. forms used to compile the required statements shall be those prescribed by the secretary of (K) As used in this rule, “influencing the results of an state pursuant to division (C)(6) of section election” shall include creating, copying, distributing 3517.10 of the Revised Code. or circulating the initiative or referendum petition, or supplementary petition for additional signatures, (2) A ballot issue political action committee shall for the submission of a constitutional amendment, file the statements required by division (A)(1) proposed law, section or item of any law. and (A)(2) of section 3517.10 of the Revised Effective: 07/27/2006 Code if: R.C. 119.032 review dates: 07/01/2011 Promulgated Under: 119.03 (a) In the case of the pre-election statement Statutory Authority: 3517.23 required by division (A)(1) of that section, Rule Amplifies: 3517.12 the initiative, referendum or constitutional amendment issue will appear on the election ballot and if either contributions received 111-5-01 Payment of filing fee by candidate. or expenditures made by the ballot issue political action committee for the reporting The payment of any filing fee required by sections period are more than one thousand dollars; 3513.10 and 3513.261 of the Revised Code by the candidate from the candidate’s own funds shall not (b) In the case of the post-election statement be considered an expenditure that requires the filing required by division (A)(2) of that section, of a designation of appointment of a treasurer under the initiative, referendum or constitutional section 3517.10 of the Revised Code. amendment issue did appear on the election ballot. If the candidate has filed a designation of appointment of a treasurer under section 3517.10 (G) A ballot issue political action committee of the Revised Code, payment of the fee required by formed pursuant to division (A) of section 3517.12 section 3513.10 or 3513.261 of the Revised Code of the Revised Code and in compliance with this may be made by the candidate’s campaign committee rule is created to support or oppose a ballot issue from the campaign fund. or question and makes no contributions to or expenditures on behalf of a political party, campaign

C-18 Ohio Secretary of State’s Office Campaign Finance Administrative Rules

R.C. 119.032 review dates: 12/26/2006 Once a political action committee has filed an Promulgated Under: 119.03 appointment of designation of treasurer pursuant Statutory Authority: RC 3517.23 to Section 3517.10 of the Revised Code, any Rule Amplifies: RC 3517.10 contribution received or expenditure made by the Prior Effective Dates: 1/1/02 political action committee in connection with any state or local election in Ohio shall be received or made in accordance with Chapter 3517 of the 111-5-02 Contributions received for debt Revised Code. retirement. Any campaign committee, political action committee, As used in section 3517.108 of the Revised Code, political contributing entity, legislative campaign “unpaid debt” includes both unpaid debts and unpaid committee or political party that receives a loans. Payments made toward unpaid debts or loans contribution from a political action committee prior under section 3517.108 of the Revised Code shall to that political action committee filing a designation be vouched for pursuant to section 3517.10 of the of appointment of treasurer under section 3517.10 Revised Code. of the Revised Code and this rule shall return the contribution to the political action committee. For purposes of section 3517.108 of the Revised Code, a campaign committee may accept additional R.C. 119.032 review dates: 12/26/2006 contributions from an individual, political action Promulgated Under: 119.03 committee, political contributing entity, or other Statutory Authority: RC 3517.23 campaign committee when that individual, Rule Amplifies: RC 3517.10, 3517.107 committee, or entity has contributed less than Prior Effective Dates: 1/1/02, 1/1/06 the contribution limitations prescribed in section 3517.102 of the Revised Code or has made no 111-5-04 When campaign finance contributions to that campaign committee during the primary or general election period for which the debt statements must be filed. remains unpaid. Whether and when a campaign finance statement R.C. 119.032 review dates: 12/26/2006 is required to be filed under section 3517.10 of the Promulgated Under: 119.03 Revised Code depends upon whether the reporting Statutory Authority: RC 3517.23 entity is a campaign committee, political action Rule Amplifies: RC 3517.108 committee, political contributing entity, political Prior Effective Dates: 1/1/02 party, or legislative campaign fund and the amount and purpose of the reporting entity’s contribution and expenditure activity. Except as otherwise provided in 111-5-03 Political action committee paragraph (C) of this rule, the criteria used for filing a contributions. preelection statement under division (A)(1) of section 3517.10 of the Revised Code and a postelection Any political action committee that is not registered statement under division (A)(2) of section 3517.10 of under Section 3517.107 of the Revised Code shall the Revised Code apply to any primary, general, or file a designation of appointment of treasurer prior special election. to receiving contributions or making expenditures for the purpose of influencing the results of a state or (A)(1) A campaign committee’s filing requirements are local election in Ohio. A political action committee based upon when the committee’s candidate not registered under Section 3517.107 of the Revised is on the ballot. The campaign committee of Code and that is registered in a state other than Ohio a candidate who is not on the ballot during may not use any contributions received prior to the a calendar year is not required to file the filing of the appointment of designation of treasurer to statements under division (A)(1) of section make expenditures to influence the results of a state 3517.10 or division (A)(2) of 3517.10 of the or local election in Ohio. Revised Code for that year, regardless of

Ohio Secretary of State’s Office C-19 Ohio Campaign Finance Handbook

contributions received and expenditures made. under division (A)(3) of section 3517.10 of the In this case, the campaign committee is required Revised Code. If the entity makes any other to file the annual statement under division (A) contributions to or expenditures on behalf of (3) of section 3517.10 of the Revised Code a political entity to influence the results of an reflecting all contributions received and all election during that calendar year for which a expenditures made that were not reflected in the statement is required to be filed under division last statement required to be filed under section (A)(1), (A)(2), or (A)(3) of section 3517.10 of 3517.10 of the Revised Code through the last the Revised Code, then the entity shall file day of December. whichever statement is required under those divisions. (2) During a year in which the candidate is on the ballot, the preelection statement required by (2) If, from the last statement filed through the division (A)(1) of section 3517.10 of the Revised twentieth day before the election, a political Code is due when the campaign committee action committee, political contributing entity, has received one thousand dollars or more in political party, or legislative campaign fund contributions or has made expenditures of one made any expenditures to influence the results thousand dollars or more, from the contributions of an election and received one thousand and expenditures reflected in the last statement dollars or more in contributions or made one required to be filed under section 3517.10 of thousand dollars or more in expenditures, the Revised Code through the twentieth day then that political action committee, political before the election. The postelection statement contributing entity, political party, or legislative required by division (A)(2) of section 3517.10 campaign fund is required to file the preelection of the Revised Code is due when the campaign statement required under division (A)(1) of committee received any contributions or made section 3517.10 of the Revised Code. any expenditures from the contributions and expenditures reflected in the last statement (3) A political action committee, political required to be filed under section 3517.10 contributing entity, political party, or of the Revised Code through the seventh day legislative campaign fund is required to file the before the postelection statement under division postelection statement under division (A)(2) of (A)(2) of section 3517.10 of the Revised Code is section 3517.10 of the Revised Code when the required to be filed. political action committee, political contributing entity, political party, or legislative campaign (B)(1) The filing requirements for political action fund made any contributions to or made any committees, political contributing entities, expenditures on behalf of a candidate or the political parties, and legislative campaign funds campaign committee of a candidate to influence are based on whether the entity attempted to the results of that candidate’s nomination or influence the results of an election. For the election to office from the date of reflection purpose of determining when any of the entities of the contributions and expenditures made described in the preceding sentence must file on the last statement that was required to be a statement required under paragraph (B)(2), filed under section 3517.10 of the Revised (B)(3), or (B)(4) of this rule, any contributions Code through the seventh day before the date made to or expenditures made on behalf of the postelection report under division (A)(2) of a candidate or the campaign committee of a section 3517.10 of the Revised Code is required candidate during a calendar year when the to be filed. candidate is not on a ballot is not considered to be made to influence the results of an election (4) During a calendar year in which a political held during that calendar year. If those are the action committee, political contributing entity, only contributions or expenditures the entity political party or legislative campaign fund makes during that calendar year, then the entity made no contributions or expenditures to is required to file only the statement required influence the results of an election held during that calendar year, the entity is not required to

C-20 Ohio Secretary of State’s Office Campaign Finance Administrative Rules

file a preelection statement under division (A) to section 3513.02 of the Revised Code and for which (1) of section 3517.10 of the Revised Code or a the candidate was issued the certificate. postelection statement under division (A)(2) of section 3517.10 of the Revised Code. The entity (F) A campaign committee may terminate pursuant is required to file an annual statement under to section 3517.10 of the Revised Code if it has a division (A)(3) of section 3517.10 of the Revised zero balance and no outstanding loans or debts. Code reflecting contributions received and The termination statement may be made a part of an expenditures made from date of reflection of the otherwise scheduled statement required to be filed contributions and expenditures made on the last under section 3517.10 of the Revised Code, or may statement that was required to be filed under be filed separately at any other time. section 3517.10 of the Revised Code through the last day of December of that calendar year. (G) The semiannual statement required by division (A)(4) of section 3517.10 of the Revised Code is due (C) Any campaign committee that filed a postgeneral to be filed by the last business day of July reflecting election statement under division (A)(2) of section contributions received and expenditures made from 3517.10 of the Revised Code is not required to file an the last statement that was required to be filed under annual statement for that year. section 3517.10 of the Revised Code through the last day of June of that calendar year. A semiannual (D)(1) As used in this paragraph, “active campaign statement is not required of any campaign committee, committee” is any campaign committee that has political action committee, political contributing a designation of appointment of a treasurer on entity, political party or legislative campaign fund file with a board of elections or the secretary of if a post-primary election statement, as required by state and has not filed a termination statement division (A)(2) of section 3517.10 of the Revised pursuant to section 3517.10 of the Revised Code, was filed for that election year. Code. (1) No campaign committee of a candidate for the (2) Any active campaign committee that did not file office of chief justice or justice of the supreme a postgeneral election statement under division court, and no campaign committee of a (A)(2) of section 3517.10 of the Revised Code candidate for the office of judge of any court in is required to file an annual statement under this state, shall be required to file a semiannual division (A)(3) of section 3517.10 of the Revised statement under division (A)(4) of section Code. 3517.10 of the Revised Code.

(3) An active campaign committee that did (2) The campaign committee of a statewide not receive any contributions or make any candidate and the campaign committee of a expenditures during a calendar year must file candidate for county office are required to file an annual statement under division (A)(3) of the semiannual statement under division (A)(4) section 3517.10 of the Revised Code stating of section 3517.10 of the Revised Code for any that it received no contributions and made year in which the candidate does not appear on no expenditures during that calendar year. an election ballot. A completed form 30-A, prescribed by the secretary of state, showing the beginning and (3) Except as otherwise provided in this section, ending balances and the total of any outstanding the campaign committee of a candidate loans or debts satisfies this requirement. for any nonjudicial office is required to file a semiannual statement if that campaign (E) A candidate who receives a certificate of committee receives, during that period, nomination pursuant to section 3513.02 of the contributions exceeding ten thousand dollars. Revised Code is not required to file the statements under division (A)(1) or (A)(2) of section 3517.10 of the Revised Code in regard to the primary election that would have been held but was not held pursuant

Ohio Secretary of State’s Office C-21 Ohio Campaign Finance Handbook

Effective: 07/27/2006 (A) The full name and address of each person, R.C. 119.032 review dates: 05/02/2006 and political party, political contributing entity, campaign 07/01/2011 committee, legislative campaign fund or political Promulgated Under: 119.03 action committee from whom contributions are Statutory Authority: 3517.23 received and the registration number assigned to the Rule Amplifies: 3517.10 political action committee; Prior Effective Dates: 9/6/74 (Emer), 11/21/95, 1/1/02, 1/1/06 (B) The amount, month, day, and year of the contribution;

111-5-06 Definition of cash. (C) If a campaign committee of a statewide candidate receives a contribution from an individual For purposes of enforcing section 3517.13 of the that exceeds one hundred dollars, the name of Revised Code, the term “cash” means coined or paper the individual’s current employer, if any, or, if money designated as legal tender and circulated from the individual is self-employed the individual’s hand to hand as a medium of exchange. occupation; R.C. 119.032 review dates: 12/26/2006 Promulgated Under: 119.03 (D) If a campaign committee of a statewide candidate Statutory Authority: RC 3517.23 receives a contribution transmitted pursuant to Rule Amplifies: RC 3517.13 section 3599.031 of the Revised Code from amounts Prior Effective Dates: 9/6/74, 1/1/02 deducted from the wages and salaries of two or more employees that exceeds one hundred dollars, the full name of the employees’ employer and the full name 111-5-07 Contributions made by a of the labor organization of which the employees are candidate or by the candidate’s campaign members, if any. committee. The information included on a monthly statement Contributions made by a candidate to the candidate’s shall not be reported again on any subsequent own campaign must be reported by the candidate’s monthly statement, two-business-day statement, or campaign committee. Contributions made by a campaign finance statement required by section candidate’s campaign committee to a political party, 3517.10 of the Revised Code. political committee, political contributing entity, or Any monthly statement required to be filed under another campaign committee must be reported as section 3517.10 of the Revised Code that is found expenditures on Form No. 31-B, as prescribed by the to be incomplete or inaccurate by the secretary of secretary of state, and the word “contribution” should state shall be accepted on a conditional basis, and be written in the “purpose” portion of the form. the person who filed it shall be notified by certified R.C. 119.032 review dates: 12/26/2006 mail as to the incomplete or inaccurate nature of Promulgated Under: 119.03 the report. Within twenty-one days after receipt of a Statutory Authority: RC 3517.23 notice, the recipient shall file an addendum to the Rule Amplifies: RC 3517.10 statement providing the information necessary to Prior Effective Dates: 9/6/74, 7/13/98 (Emer.), 9/14/98, complete or correct the statement. 1/1/02 A statement is incomplete or inaccurate if it fails to disclose substantially all contributions that are 111-5-08 Monthly statements. received from a source and that are required to be reported on the monthly statement required by Monthly statements shall be filed no later than three section 3517.10 of the Revised Code or if the report business days after the last day of the month covered fails to disclose at least ninety per cent of the total by such statement. Such statement shall be on a form contributions received during the reporting period. prescribed by the secretary of state and shall include all of the following:

C-22 Ohio Secretary of State’s Office Campaign Finance Administrative Rules

R.C. 119.032 review dates: 12/26/2006 111-5-10 Short form statements. Promulgated Under: 119.03 Statutory Authority: RC 3517.23 (A) No campaign committee is required to file a Rule Amplifies: RC 3517.10, 3517.11 postprimary election campaign finance statement Prior Effective Dates: 8/23/95 (Emer.), 11/21/95, required under division (A)(2) section 3517.10 of the 7/13/95 (Emer.), 9/24/98, 1/1/02 Revised Code if, during the combined preelection and postelection reporting periods, the committee received contributions of five hundred dollars or 111-5-09 Two-business-day statements. less and made expenditures of five hundred dollars or less. Instead, the campaign committee may file a If any contribution, alone or in aggregation with short-form statement as prescribed by the secretary any other contribution, is received from the same of state. The statement shall indicate the total contributor in the amount of five hundred dollars or amount of contributions received and expenditures more by the campaign committee of any candidate made and the balance on hand, and shall be signed for chief justice or any candidate for justice of the under penalty of election falsification. If either the supreme court or in the amount of two thousand five contributions received or the expenditures made hundred dollars or more by the campaign committee during this period exceed five hundred dollars, of any other statewide candidate on or after the the campaign committee must file the postprimary nineteenth day before through midnight of the day election statement required by section 3517.10(A)(2) of the election, the campaign committee of that of the Revised Code that includes all the information candidate shall notify the secretary of state within required in divisions (B) and (C) of section 3517.10 of forty-eight hours of receipt of the contribution. The the Revised Code. notification shall be in writing and shall include the name of the candidate and the office sought by the (B) No campaign committee is required to file a candidate, the identification of the contributor, and postgeneral election campaign finance statement the date of receipt and amount of the contribution. required by division (A)(2) of section 3517.10 of the The notification required by this rule shall be in Revised Code if, during the combined preprimary, addition to the reporting of these contributions on postprimary, pregeneral, and postgeneral election the postelection statement required under section periods, it received contributions and made 3517.10(A)(2) of the Revised Code. expenditures of five hundred dollars or less. Instead, the campaign committee may file a short-form Any two-business-day statement required to be filed statement as prescribed by the secretary of state. under section 3517.10 of the Revised Code that is The statement shall indicate the total amount of found to be incomplete or inaccurate by the secretary contributions received and expenditures made of state shall be accepted on a conditional basis, and and the balance on hand, and shall be signed the person who filed it shall be notified by certified under penalty of election falsification. If either the mail as to the incomplete or inaccurate nature of contributions received or the expenditures made the statement. Within twenty-one days after receipt during the combined periods exceed five hundred of a notice, the recipient shall file an addendum to dollars, the campaign committee shall file the the statement providing the information necessary to postgeneral election statement required by division complete or correct the statement. (A)(2) of section 3517.10 of the Revised Code that A statement is incomplete or inaccurate if it fails to includes all the information required in divisions (B) disclose substantially all of the information required and (C) of section 3517.10 of the Revised Code. to be reported on the two-business-day statement. (C) Paragraphs (A) and (B) of this rule do not apply if R.C. 119.032 review dates: 12/26/2006 a campaign committee makes expenditures prior to Promulgated Under: 119.03 the first day of January of the year of the election at Statutory Authority: RC 3517.23 which the candidate seeks nomination or election to Rule Amplifies: RC 3517.10, 3517.11 office or if the campaign committee does not file a Prior Effective Dates: 8/23/95 (Emer.), 11/21/95, termination statement with its postprimary election 7/13/98 (Emer.), 11/24/98, 1/1/02 statement in the case of an unsuccessful primary

Ohio Secretary of State’s Office C-23 Ohio Campaign Finance Handbook election candidate or with its postgeneral election Columbus, Ohio 43215, from the secretary of state’s statement in the case of other candidates. web site, www.state.oh.us/sos/, or from any county board of elections. (D) If a campaign committee of a successful candidate at a primary election has filed a short form in Any individual or entity required to file campaign accordance with this rule, then the first statement that finance statements under Chapter 3517. of the committee files in regard to the general election shall Revised Code whose statement is filed with a board of reflect all contributions received and all expenditures elections or with the secretary of state may reproduce made during the preprimary and postprimary election the forms that are prescribed by the secretary of state periods. or, with the prior written approval of the secretary of state, may modify the forms prescribed by the (E) A campaign committee of a candidate that secretary of state provided that the modified forms are was unsuccessful in its effort to obtain its party’s only for the individual’s or entity’s own use. nomination to office and that fails to terminate may not file a short form statement for the postprimary R.C. 119.032 review dates: 12/26/2006 election statement required under division (A)(2) of Promulgated Under: 119.03 section 3517.10 of the Revised Code as provided in Statutory Authority: RC 3517.23 this rule, regardless of the amount of contributions Rule Amplifies: RC 3517.10, 3517.11 received and expenditures made. Instead such Prior Effective Dates: 8/23/95, 11/21/95, 7/13/98, campaign committee must file the statements required 9/24/98, 1/1/02 by divisions (A)(1) and (A)(2) of section 3517.10 of the Revised Code. 111-5-12 Deposit of receipts.

(F) A campaign committee of a candidate that was (A) As used in this rule, “committee” means a unsuccessful in its effort to seek election to office campaign committee, political party, political action and that fails to terminate may not file a short form committee, political contributing entity, legislative statement as provided in this rule, regardless of the campaign fund, or ballot issue committee. amount of contributions received and expenditures made. Instead such campaign committee must file the (B) All contributions received by a committee shall statements required by divisions (A)(1) and (A)(2) of be deposited in an account or accounts established section 3517.10 of the Revised Code. by the committee within thirty days of receipt or R.C. 119.032 review dates: 12/26/2006 shall be returned to the contributor without being Promulgated Under: 119.03 deposited. The treasurer of the committee shall be Statutory Authority: RC 3517.23 responsible for making such deposits or returns. A Rule Amplifies: RC 3517.10 committee shall make all disbursements by check or Prior Effective Dates: 8/23/95, 11/21/95, 7/13/98, similar draft drawn on an account at its designated 9/24/98, 1/1/02 campaign depository. Funds may be transferred from the depository for investment purposes, but shall be returned to the depository before such funds are used 111-5-11 Forms. to make expenditures.

Each statement filed with the office of the secretary The treasurer of the committee shall be responsible of state or a county board of elections by the for examining all contributions received for evidence campaign committee of a candidate or by a political of illegality and for ascertaining whether contributions party, political contributing entity, political action received, when aggregated with other contributions committee, ballot issue committee, individual, from the same contributor, exceed the contribution or legislative campaign fund shall be filed on the limits of section 3517.102 of the Revised Code. appropriate form prescribed by the secretary of state. Contributions that present genuine questions as to Forms may be obtained by writing to the Ohio whether they were made in excess of the allowable Secretary of State, 180 East Broad Street, 15th floor, contribution limits or by corporations or foreign

C-24 Ohio Secretary of State’s Office Campaign Finance Administrative Rules nationals, or in the name of another, may be either deposited but shall be returned in their entirety to the deposited in a campaign depository, or returned contributor within ten days of receipt. in their entirety to the contributor. If any such R.C. 119.032 review dates: 12/26/2006 contribution is deposited, the treasurer shall make Promulgated Under: 119.03 his or her best efforts to determine the legality of Statutory Authority: RC 3517.23 the contribution. No expenditures shall be made Rule Amplifies: RC 3517.10, 3517.102 using such contributions unless the treasurer has Prior Effective Dates: 8/23/95, 11/21/95, 7/13/98, determined that the contribution was not made in 1/1/02 excess of the allowable contribution limits, or by a corporation, foreign national, or made in the name of another. 111-5-13 Checks combining contributions with other payments. The treasurer shall have been deemed to have made his or her best efforts if he or she has made at least A contributor may not issue a single check to a one written or oral request for evidence of the legality corporation or labor organization that represents of the contribution. both a contribution to the corporation’s or labor organization’s political action committee or separate Such evidence includes, but is not limited to, a segregated fund and payment of dues or other fees. written statement from the contributor explaining why Checks for contributions and checks for the payment the contribution is legal, or a written statement by of dues or other fees must be issued separately. the treasurer memorializing an oral communication explaining why the contribution is legal. A contributor may issue a single check to an association or other organization which is not a If the contribution cannot be determined to be corporation or labor organization that represents allowed under Ohio law, the treasurer shall refund both a contribution to the association’s or other the entire contribution to the contributor within thirty organization’s political action committee and days. payment of dues or other fees. The treasurer of the association’s or other organization’s political action If the treasurer, exercising his or her responsibilities, committee that receives a portion of the proceeds including best efforts in the case of questionable of a single check issued for dues or other fees and a contributions, determines that a contribution was not contribution, shall maintain records of the amount made illegally, such as in excess of the contribution received as a contribution to ensure that individual limits, or by a corporation, foreign national, or contribution limits are not exceeded and other made in the name of another, but later discovers reporting requirements are met. that it is illegal based on new evidence not available at the time of receipt and deposit or best efforts Under a payroll deduction plan, an employer may determination, the treasurer shall refund the entire not issue a single check on behalf of its employees contribution to the contributor within ten days of which check represents a combined payment of the date on which the illegality is discovered. If the contributions to a political action committee or committee does not have sufficient funds to cover the separate segregated fund of a labor organization of refund of the contribution at the time the illegality the employer’s employees or to a political action is discovered, the committee shall first refund an committee or separate segregated fund of an amount equal to the committee’s balance on hand association of which the employer is a member, and shall refund the balance of the contribution from and dues or other fees to such labor organization the next funds it receives. or association except when such check is issued to an entity separate from the labor organization or Contributions which on their face exceed the association on behalf of one or more employees for contribution limits set forth in section 3517.102 of the purposes of distribution. Revised Code and contributions which on their face are from corporations or foreign nationals shall not be

Ohio Secretary of State’s Office C-25 Ohio Campaign Finance Handbook

R.C. 119.032 review dates: 12/26/2006 number of the committee issued by the secretary Promulgated Under: 119.03 of state under section 3517.10 of the Revised Statutory Authority: RC 3517.23 Code, if any, and the date of receipt and amount Rule Amplifies: RC 3599.031 of the contributions. Prior Effective Dates: 8/23/95, 3/29/96, 1/1/02 (B) An account shall be kept of all expenditures made by or on behalf of a campaign committee, political 111-5-14 Accounting for contributions and action committee, ballot issue committee, political expenditures. contributing entity, political party, or legislative campaign fund. Such account shall consist of a record The treasurer of a campaign committee, political of all of the following: action committee, ballot issue committee, political contributing entity, political party, or legislative (1) The name and address of every person or entity campaign fund shall fulfill all record-keeping duties to whom any expenditure is made; as set forth in this rule. (2) The date, amount, and purpose of the (A) Except as otherwise provided in paragraph (H) expenditure. As used in this paragraph, of this rule, an account of contributions shall be “purpose” includes a brief statement or kept, by any reasonable accounting procedure, of all description of why the expenditure is made. contributions received by or on behalf of the entity, regardless of the amount of the contribution received (C) In addition to the accounts that must be kept as or the circumstances of where the contribution provided in this rule, each campaign committee, was received. The account shall include the name political action committee, ballot issue committee, and street address of the contributor, the date the political party, political contributing entity, or contribution was received, the form in which the legislative campaign fund shall retain all records contribution was received, and the amount of the related to its contribution and expenditure activity. contribution. The account shall also include all of the These records shall include, but are not limited to, all following: of the following:

(1) For contributions in excess of one hundred (1) Statements received from its campaign dollars received by a campaign committee depository; of a statewide candidate or candidate for the office of member of the general assembly from (2) Canceled checks or authentic facsimiles thereof, two or more employees through a system of except that disbursements by share draft or payroll deduction, the name and street address check drawn on a credit union account shall of each contributor, the date the contribution be documented by providing a carbon copy was received, the name of the contributors’ of the share draft or check drawn on the credit employer, and the name of the contributors’ union account along with a copy of the monthly labor organization, if any; account statement showing that the share draft or check was paid by the credit union; (2) For contributions received by a campaign committee of a statewide candidate or (3) For credit card transactions, the monthly billing candidate for the office of member of the statement or customer receipt for each credit general assembly from any person in excess card transaction. of one hundred dollars, the name of the (D) The requirement of section 3517.10 of the Revised contributor’s employer or, if self-employed, the Code that every expenditure in excess of twenty-five contributor’s occupation; dollars shall be vouched for, is satisfied by providing (3) For contributions from a political action an original or photocopy of any of the following: committee, the full name and street address of the political action committee, the registration

C-26 Ohio Secretary of State’s Office Campaign Finance Administrative Rules

(1) A receipted bill; or individual campaign committee, if one exists, by doing any of the following in disposal of any (2) A canceled check; or remaining contributions:

(3) An account statement, from the committees (1) Giving the amount to the Ohio elections financial institution, which contains the name of commission fund; the payee, amount, date, and check number. (2) Giving the amount to individuals who made (E) In performing record-keeping duties, the treasurer contributions as a refund of all or part of their or the treasurer’s authorized agent shall use his or contribution; her best efforts to obtain, maintain, and submit the required information. If there is a showing that best (3) Giving the amount to a corporation that is efforts have been made, any records of an entity exempt from federal income taxation under that is required to file a statement under section subsection 501(a) and described in subsection 3517.10 of the Revised Code shall be deemed to be 502(c) of the Internal Revenue Code. in compliance with Chapter 3517. of the Revised Code. With regard to the requirements of this rule A candidate’s individual campaign committee shall concerning receipts, invoices, and canceled checks, not contribute or transfer any contributions into any the treasurer will not be deemed to have exercised multi-beneficiary campaign committee by or for the best efforts to obtain, maintain, and submit the benefit of that candidate. records unless the treasurer has made at least one written attempt for each transaction to obtain a (J) When terminating a multi-beneficiary campaign duplicate copy of the invoice, receipt, or canceled committee in accordance with division (B)(3) check. (a) of section 3517.081 of the Revised Code, the campaign committee shall dispose of any remaining (F) The treasurer shall preserve all records and contributions only by doing any of the following: accounts required to be kept under this rule for six years after the statement to which such records and (1) Giving the amount to the Ohio elections accounts relate has been filed. commission fund;

(G) Except as otherwise provided in section 3517.108 (2) Giving the amount to individuals who made of the Revised Code, contributions received by a contributions as a refund of all or part of their candidate or by a candidate’s campaign committee in contribution; a particular election period are deemed to have been (3) Giving the amount to a corporation that is made for the election period during which they were exempt from federal income taxation under received. subsection 501(a) and described in subsection (H) In accordance with division (L) of section 3517.10 502(c) of the Internal Revenue Code. of the Revised Code, paragraph (A) of this rule does No contributions from the multi-beneficiary campaign not apply to contributions received by a political committee shall be contributed or transferred into contributing entity from the dues, membership any candidate’s individual campaign committee. fees, or other assessments of its members or from This prohibition on a multi-beneficiary campaign its officeholders, shareholders, or employees to committee contributing or transferring contributions the extent that dues, membership fees, or other into any candidate’s individual campaign committee, assessments may be aggregated for reporting as prescribed in division (B)(3)(b) of section 3517.081 purposes. of the Revised Code, applies only when the multi- (I) Pursuant to division (B)(4) of section 3517.081 beneficiary campaign committee is in the process of of the Revised Code, a candidate shall not become terminating in accordance with division (B)(3)(a) of a beneficiary of a multi-beneficiary campaign section 3517.081 of the Revised Code and paragraph committee without first terminating the candidate’s (J) of this rule.

Ohio Secretary of State’s Office C-27 Ohio Campaign Finance Handbook

(K) Pursuant to section 3517.081 of the Revised If no specific attribution is made, the treasurer Code, each candidate shall have no more than one shall attribute the contribution equally among all campaign committee. As prescribed by divisions (B) beneficiaries of the trust or estate. (3) and (B)(4) of section 3517.081 of the Revised Code and paragraphs (I) and (J) of this rule, no If a contribution is refunded to the contributor, the candidate may have, in concurrent operation, treasurer of the reporting entity making the refund campaign committees for which the candidate is shall report the refund on the statement covering the both the sole beneficiary in the case of an individual reporting period in which the refund is made. campaign committee and a beneficiary of a multi- beneficiary campaign committee. If a contributor’s name is known to have changed since an earlier contribution reported, the exact Effective: 07/27/2006 name or address previously used shall be noted with R.C. 119.032 review dates: 05/02/2006 and the first reported contribution from the contributor 07/01/2011 subsequent to the name change. Promulgated Under: 119.03 Statutory Authority: 3517.23 HISTORY: Eff 8-23-95 (Emer.); 11-21-95; 1-1-02 Rule Amplifies: 3517.10, 3517.081, 3517.109 Rule promulgated under: RC 119.03 Prior Effective Dates: 8/23/95 (Emer), 11/21/95, Rule authorized by: RC 3517.23 7/13/98 (Emer), 9/24/98, 1/1/02, 1/1/06 Rule amplifies: RC 3517.08, 3517.10 Replaces former: 111-5-21 R.C. 119.032 Review Date: JUN 29 01 JUL 01 2006 111-5-15 Uniform reporting of contributions. 111-5-16 Allocation of expenses between If an itemized contribution is made by more than candidates. one person in a single instrument, the treasurer of an entity that is required to file statements under section Expenditures including in-kind contributions and 3517.10 of the Revised Code shall report the amount independent expenditures made on behalf of to be attributed to each contributor as specified in the more than one clearly identified candidate shall written instrument. be attributed to each such candidate according to the benefit reasonably expected to be derived. For Absent evidence to the contrary, any contribution example, in the case of a publication or broadcast made from a joint checking account or by other communication, the attribution shall be determined written instrument shall be reported as a contribution by the proportion of space or time devoted to each by the person signing or endorsing the joint check or candidate as compared to the total space or time other written instrument. devoted to all candidates.

If a contribution is made from a partnership or An expenditure made by a candidate or the unincorporated business account, the treasurer shall candidate’s campaign committee with the consent of, report the amount to be attributed to each partner in coordination, cooperation, or consultation with, or or owner as specified by an authorized partner or at the request or suggestion of another candidate or owner of the partnership or unincorporated business. campaign committee shall be reported as an in-kind If no specified attribution is made, the treasurer shall contribution to the candidate or campaign committee attribute the contribution equally among all partners on whose behalf the expenditure was made, except of the partnership or owners of the unincorporated that expenditures made by party committees or business. legislative campaign funds need only be reported as an expenditure. If a contribution is made from an inter vivos or testamentary trust or a decedent’s estate, the treasurer Expenditures for rent, personnel, overhead, general shall report the amount to be attributed to each administrative, fund-raising, and other day-to-day beneficiary of the trust or estate who is making costs of political parties or legislative campaign funds the contribution, as specified by the beneficiary. need not be attributed to individual candidates,

C-28 Ohio Secretary of State’s Office Campaign Finance Administrative Rules unless these expenditures are made on behalf of a contribution limits in section 3517.102 of the Revised clearly identified candidate and the expenditure can Code; be directly attributed to that candidate. (B) Report all contributions received in its name or for Expenditures for educational campaign seminars, for its benefit on form 31-E; training of campaign workers, and for registration or get-out-the-vote drives of political parties or (C) Return any check or contribution made payable to legislative campaign funds need not be attributed more than one participant. to individual candidates unless these expenditures are made on behalf of a clearly identified candidate, Expenses for a joint fund-raising activity shall be and the expenditure can be directly attributed to that equally divided among all participants in the activity candidate. and reported accordingly, unless agreed otherwise by the participants. R.C. 119.032 review dates: 12/26/2006 Promulgated Under: 119.03 R.C. 119.032 review dates: 12/26/2006 Statutory Authority: RC 3517.23 Promulgated Under: 119.03 Rule Amplifies: RC 3517.08, 3517.10, 3517.102 Statutory Authority: RC 3517.23 Prior Effective Dates: 8/23/95 (Emer.), 11/21/95, Rule Amplifies: RC 3517.10, 3517.102 1/1/02 Prior Effective Dates: 8/23/95, 11/21/95, 1/1/02

111-5-17 Other income. 111-5-19 Political communications.

For purposes of preparing a campaign finance (A) The following articles are exempted from the statement required by section 3517.10 of the Revised disclaimer or identification requirements of section Code, items of other income such as investment 3517.20 of the Revised Code: income, interest income, refunds received by the (1) Badges or buttons; reporting entity, uncashed checks, or the reporting entity’s own insufficient funds checks that are (2) Balloons; returned to the reporting entity shall be reported on a form separate from an account of contributions (3) Cups and mugs; and expenditures. Such items of other income are presumed, unless shown otherwise, not to count (4) Combs; toward the contribution limits set forth in section 3517.102 of the Revised Code. (5) Emery boards; R.C. 119.032 review dates: 12/26/2006 (6) Key tags; Promulgated Under: 119.03 Statutory Authority: RC 3517.23 (7) Lapel pins, charms, tie tacks, rings, and other Rule Amplifies: RC 3517.10 items of jewelry; Prior Effective Dates: 8/23/95 (Emer.), 1/1/02 (8) Letter openers;

111-5-18 Joint fund-raising. (9) Pencils;

Any campaign committee or other reporting entity (10) Pens; that engages in a joint fund-raising activity shall do the following: (11) Standard measuring rulers not more than twelve inches long; (A) Require each contributor who desires to make a contribution to more than one participant to write (12) Sponges; a separate check or make a separate contribution to each participant in the joint fund-raiser subject to the (13) Golf balls and golf tees;

Ohio Secretary of State’s Office C-29 Ohio Campaign Finance Handbook

(14) Tee shirts, caps, hats, and other articles of seven and one-half square inches, or more than three clothing; inches in diameter.

(15) Individually wrapped candy; Effective: 07/27/2006 R.C. 119.032 review dates: 05/02/2006 and (16) Magnets measuring two and one-half inches 07/01/2011 by three inches or less, or seven and one- Promulgated Under: 119.03 half square inches or less, or three inches in Statutory Authority: 3517.23 diameter or less; Rule Amplifies: 3517.20 Prior Effective Dates: 8/20/81, 1/1/02 (17) Stickers, labels, decals, or any other printed material with an adhesive back measuring two 111-5-20 Amendments. and one-half inches by three inches or less, or seven and one-half square inches or less, or (A) The secretary of state or the board of elections three inches in diameter or less. shall examine all statements required to be filed under sections 3517.081 to 3517.17 of the Revised (18) Plastic discs, designed to be sailed with a flip Code for compliance with sections 3517.08 of the wrist for recreation or competition; to 3517.17 of the Revised Code. If during the (19) Plastic bags; examination conducted under section 3517.11(B)(4), the statement is found to be incomplete or inaccurate, (20) Plastic or wooden sticks manufactured for the a notice shall be sent by certified mail to the purpose of stirring paint; committee or entity that filed the statement detailing the items that are incomplete or inaccurate. Within (21) Plastic flyswatters; twenty-one days after the receipt of the notice, the recipient shall file an addendum, amendment or other (22) Banners that are towed by an aircraft in flight. correction to the statement providing the information necessary to complete or correct the statement. The (B) Specific exemptions for articles not listed above addendum, amendment or other correction shall may be obtained by sending a written request to the be submitted to the officer with whom the original “Office of the Secretary of State, Legal Division, 180 statement was filed. E. Broad Street, 16th floor, Columbus, Ohio 43215.” A request for a specific exemption must contain a Effective: 01/01/2006 complete description of the article to be exempted, R.C. 119.032 review dates: 01/01/2011 including a photocopy or other reproduction of the Promulgated Under: 119.03 article and the exact dimensions of the article, a brief Statutory Authority: 3517.23 statement explaining why the exemption should be Rule Amplifies: 3517.11 granted, and the address and telephone number of the person making the request. 111-5-21 Reporting of a contribution from (C) Specific exemptions may be granted to articles a partnership or other unincorporated similar to those listed in paragraph (A) of this rule, the business. size or nature of which makes it unreasonable to add a disclaimer. (A) As required by division (I) of section 3517.10 of the Revised Code, the recipient of a contribution (D) Specific exemptions will not be granted to printed from a partnership or other unincorporated business political communications such as placards, posters, must itemize the contribution by listing both the signs, newspaper and magazine advertisements, partnership or other unincorporated business and the match books, billboards, flyers, handbills, or business name of each partner, owner or member for whom cards or any other printed material measuring more the partnership or other unincorporated business than two and one-half by three inches, or more than issued the contribution. No contribution may be made solely in the name of the partnership or other

C-30 Ohio Secretary of State’s Office Campaign Finance Administrative Rules unincorporated business. business shall be considered to have been made by the partner(s), owner(s), or member(s) as allocated (B) Simultaneous with the issuance of a check or other and itemized pursuant to paragraphs (B)(1) and (B) instrument which represents one or more individual (2) of this rule and division (I)(2) of section 3517.10 contributions, a partnership or other unincorporated of the Revised Code. The allocated portion of business must provide one of the following: any partnership or other unincorporated business contribution counts toward the limitations prescribed (1) The name of each partner, owner, or member as by section 3517.102 of the Revised Code as applied of the date of the contribution or contributions, to individuals, political action committees, political and a statement that the total contributions contributing entities, political parties, campaign are to be allocated equally among all of the committees and legislative campaign funds. Both partners, owners, or members; or the maker and recipient of an allocated partnership or other unincorporated business contribution must (2) The name of each partner, owner, or member as ensure that each allocated contribution, when added of the date of the contribution or contributions to any other contribution from the allocated source, who is participating in the contribution does not violate the contribution limitations, as or contributions, and a statement that the prescribed by section 3517.102 of the Revised Code, contribution or contributions are to be allocated of the allocated contributor. to those individuals in accordance with the information provided by the partnership or other Effective: 07/27/2006 unincorporated business to the recipient of the R.C. 119.032 review dates: 07/01/2011 contribution. Promulgated Under: 119.03 Statutory Authority: 3517.23 (C) When a contribution is received from a Rule Amplifies: 3517.10, 3517.102 partnership or other unincorporated business, the recipient of the contribution must itemize the contribution as directed by the partnership or other 111-6-01 Electronic signature. unincorporated business pursuant to paragraph (B) (A) Except for section (C) of this rule, no entity shall (1) or (B)(2) of this rule. No contribution from a file a statement by electronic means of transmission, partnership or other unincorporated business may as required by section 3517.10 or 3517.106 of the be accepted, deposited or used unless the recipient Revised Code, until that entity: has the allocation information necessary to itemize the contribution by the partner, owner or member as (1) Files with the secretary of state an Electronic provided by paragraph (B)(1) or (B)(2) of this rule. Filing Registration (form 30-D-1) authorizing the establishment of a user name, password, and (D) To comply with division (I) of section 3517.10 electronic signature for that entity; of the Revised Code and this rule, the recipient of a contribution from a partnership or other (B) The combination of user name, password, and unincorporated business must separately list the electronic signature constitutes the electronic name, address, date and amount of each allocated signature as required by section 3517.106(H) of contribution as provided by the partnership or the Revised Code of each campaign entity that files other unincorporated business at the time of the statements by electronic means of transmission. contribution. For each entry, whether on paper forms or by electronic means of transmission as prescribed (C) Automatic Issuance by the secretary of state, the recipient shall utilize the employer/occupation field to disclose the name of the (1) A county political party state candidate fund issuing partnership or other unincorporated business. established pursuant to section 3517.10(D) (3)(c) of the Revised Code and any state (E) For purposes of contribution limitations prescribed political party Levin fund established pursuant by section 3517.102 of the Revised Code, a to section 3517.1013 of the Revised Code contribution by a partnership or other unincorporated shall be automatically assigned a user name,

Ohio Secretary of State’s Office C-31 Ohio Campaign Finance Handbook

password and electronic signature for that (D) All electioneering communication contribution entity at the time the entity files a designation of and disbursement statements filed with the secretary appointment of treasurer form (form 30-D) with of state pursuant to section 3517.1011 of the Revised the secretary of state. Code shall be filed only using the on-line application as described in (A)(1) of this rule. (2) A person who files a Notice of Intent to Make Electioneering Communication Disbursements R.C. 119.032 review dates: 12/26/2006 (form 31-EC) with the secretary of state pursuant Promulgated Under: 119.03 to section 3517.1011 of the Revised Code Statutory Authority: RC 3517.23 shall be automatically assigned a user name, Rule Amplifies: RC 3517.106 password and electronic signature at that time. Prior Effective Dates: 1/1/02, 1/1/06 R.C. 119.032 review dates: 12/26/2006 Promulgated Under: 119.03 111-6-03 Provision of checks and receipts Statutory Authority: RC 3517.23 when filing by electronic means of Rule Amplifies: RC 3517.106 transmission. Prior Effective Dates: 1/1/02, 1/1/06 (A)Any entity that files a statement by electronic means of transmission pursuant to section 3517.10 111-6-02 Acknowledgement of statement or 3517.106 of the Revised Code shall also file on filed by electronic means of transmission. paper a copy of the canceled checks or paid receipts required by section 3517.10 of the Revised Code. (A) Except as otherwise provided for in section (D) of this rule, a statement filed by electronic means of (B)(1)Prior to January 1, 2003, a campaign committee transmission pursuant to sections 3517.10, 3517.106, of a candidate for the office of member of the 3517.1011, 3517.1012 or 3517.1013 of the Revised general assembly that files a campaign finance Code shall be filed by either of the following statement by electronic means of transmission methods: with the secretary of state pursuant to section 3517.106 of the Revised Code shall also file (1) An on-line application linked to the secretary of a paper copy of the statement at the board of state’s home page on the world wide web; elections where the candidate is required to file petitions or other papers for nomination (2) An electronic mail message with a properly or election. The paper copy shall be filed or constructed and formatted data attachment sent postmarked not later than the date the statement to the secretary of state. is required to be filed under section 3517.10 of (B)(1) The secretary of state shall immediately the Revised Code. acknowledge statements filed by the on-line (2)Any campaign committee of a candidate for the application by notifying the filer when the office of member of the general assembly that statement submitted is successfully processed. files a campaign finance statement by electronic (2) The secretary of state shall immediately means of transmission with the secretary of state acknowledge statements filed by electronic mail shall, until January 1, 2003, submit on paper message by sending to an e-mail address of the copies of canceled checks or paid receipts with filing entity a notice when the date attachment the board of elections where the candidate is successfully processed. is required to file petitions for nomination or election to office. On and after January 1, 2003, (C) The secretary of state’s method of preserving all any campaign committee of a candidate for the statements filed by electronic means of transmission is office of member of the general assembly that to store all such statements in a data base maintained files a campaign finance statement by electronic by the secretary of state. means of transmission with the secretary of state shall submit to the secretary of state paper

C-32 Ohio Secretary of State’s Office Campaign Finance Administrative Rules

copies of canceled checks or paid receipts for (a) The campaign finance statement is each statement with the secretary of state. accompanied by a fee not to exceed the R.C. 119.032 review dates: 12/26/2006 actual data entry and data verification costs Promulgated Under: 119.03 incurred by the secretary of state to convert Statutory Authority: RC 3517.23 the information filed on paper to electronic Rule Amplifies: RC 3517.10, 3517.106 format. The fee shall be determined using Prior Effective Dates: 1/1/02 the formula set forth in this division, which results in a fee that does not exceed the secretary’s actual costs. 111-6-04 Hardship rule. The number of entries on the report for (A) As used in this rule, “eligible campaign contributions received shall be added to committee” means either of the following: the number of entries on the report for expenditures made. (1) The campaign committee of a candidate for statewide office that makes expenditures of (Entries for loans and debts shall not be less than twenty-five thousand dollars during a included.) The resulting number shall be reporting period under division (A) of section multiplied by the cost per keystroke required 3517.10 of the Revised Code; to enter the data from the report into the secretary of state’s electronic filing system, as (2) The campaign committee of a candidate for the determined by the secretary of state pursuant office of member of the general assembly or to the contract with the secretary’s data for the office of judge of a court of appeals that entry vendor. The resulting number shall be would otherwise be required to file campaign multiplied by a number determined by the finance statements by electronic means of secretary of state that is less than the average transmission under division (E) or (F) of section number of keystrokes per entry required 3517.106 of the Revised Code. to enter and verify the data from the report into the secretary’s electronic filing system (B) An eligible campaign committee may file a pursuant to the contract with the secretary’s campaign finance statement for a reporting period data entry vendor. under division (A) of section 3517.10 of the Revised Code by paper rather than by electronic means of (b) The current formula, which shall include transmission if both of the following occur: an actual multiplier figure derived by the secretary of state pursuant to paragraph (B) (1) The candidate of the eligible campaign (2)(a) of this rule to enable a committee committee that intends to file a campaign to perform the calculations necessary finance statement by paper rather than by to determine its fee, shall appear on the electronic means of transmission files with the electronic filing notice of hardship form (form secretary of state a notice indicating that the 31-DD) prescribed by the secretary of state. candidate’s campaign committee intends to file by paper and stating that filing the statement (c) Whoever signs the campaign finance by electronic means of transmission would statement shall indicate on the statement’s constitute a hardship for the candidate or for the cover page, form 30-A prescribed by the eligible campaign committee; secretary of state, both the total number of contribution entries and the total number (2) The following requirements shall be met of expenditure entries reported in that in order to determine the fee structure for statement. campaign committees filing the notice of hardship. (C) An eligible campaign committee that files a campaign finance statement on paper pursuant to division (L) of section 3517.106 of the Revised Code

Ohio Secretary of State’s Office C-33 Ohio Campaign Finance Handbook shall review the contribution and other information 111-7-01 Public notice of the adoption, made available online by the secretary of state amendment, or rescission of rules. with respect to that paper filing and shall notify the secretary of state of any errors with respect to that (A) The manner of giving public notice of the filing that appear in the data made available on the proposed adoption, amendment, or rescission of any secretary of state’s web site. rule of the secretary of state under Chapter 119. of the Revised Code shall consist of posting the notice (D) Campaign finance statements filed on paper in the register of Ohio at least thirty days prior to such pursuant to division (L) of section 3517.106 of the hearing. Revised Code shall be filed by the filing deadlines required under division (A) of section 3517.10 of the (B) The form of such notice shall consist of a Revised Code. statement of the secretary of state’s intention to consider adopting, amending, or rescinding a rule (E) Any campaign committee that submits paper or set of rules, a synopsis of each proposed rule, campaign finance statements, pursuant to division amendment, or rule to be rescinded or a general (L) of section 3517.106 of the Revised Code, shall statement of the subject matter to which the proposed comply with the following provisions, as applicable. rules relate, and the date, time, and place of the hearing on the proposed action. (1) The candidate of an eligible campaign committee that intends to file a paper statement R.C. 119.032 review dates: 12/26/2006 pursuant to division (L) of section 3517.106 of Promulgated Under: 119.03 the Revised Code shall file a notice of hardship Statutory Authority: RC 119.037 for each campaign finance statement that the Rule Amplifies: RC 119.03 committee intends to file by paper. A notice of Prior Effective Dates: 1/24/77, 12/31/82, 01/01/06 hardship must be filed prior to the filing of the campaign finance statement on paper in order for a campaign committee to file on paper pursuant to division (L) of section 3517.106 of the Revised Code.

(2) A campaign finance statement filed on paper pursuant to division (L) of section 3517.106 of the Revised Code is not timely filed if, by the filing deadline, either of the following occurs:

(a) The statement is not accompanied by the fee required by division (L) of section 3517.106 of the Revised Code and paragraph (B)(2) of this rule;

(b) The statement is not filed at the office of the secretary of state.

(3) Electronic filing notices of hardship shall be signed under penalty of election falsification. Effective: 07/27/2006 R.C. 119.032 review dates: 06/13/2010 Promulgated Under: 119.03 Statutory Authority: 3517.106(L), 3517.23 Rule Amplifies: 3517.106(L) Prior Effective Dates: 6/13/05

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