102-5-10 Deadlines; receipt of financial disclosure statements.

(A) General filing deadline:

(1) The general filing deadline is April fifteenth of each year.

(2) If April fifteenth falls on a day that the ethics commission is closed to the public for the entire day, the filing deadline will be determined by section 1.14 of the Revised Code.

(3) If the internal revenue service has extended or changed the April fifteenth filing deadline for federal tax returns in any year, the commission may, by a vote of four members, extend the general financial disclosure filing deadline to the same date.

(4) The general filing deadline does not apply to any of the following persons:

(a) A candidate for elective office;

(b) A person appointed to an unexpired term of elective office;

(c) A person who holds elective office in a village advanced to city status;

(d) A person appointed to or employed in a non-elective filing position after February fifteenth of any calendar year; or

(e) A state employee serving in a filing position in a temporary working level until he or she has served in the position for more than ninety days.

The appropriate filing deadline for each of these individuals is set forth in this rule.

(B) Filing deadline for a candidate for elective office:

(1) A candidate for elective office must file the financial disclosure statement no later than the thirtieth day before the primary, special, or general election at which the candidate's candidacy is to be voted upon, whichever election occurs first.

(2) A person who is a write-in candidate must file the financial disclosure statement no later than the twentieth day before the earliest election at which the write-in candidate's candidacy is to be voted upon.

(3) For purposes of paragraphs (B)(1) and (B)(2) of this rule, a "candidate" is defined as a person certified by a board of elections for placement on the official ballot of a primary, general, or special election as described in division (H) of section 3501.01 of the Revised Code.

(4) An incumbent who serves in any of the offices for which the filing of a financial disclosure statement with the ethics commission is required, and who, at the time of the annual april deadline for the filing of a financial disclosure statement, is not certified by a board of elections for placement on the official ballot of a primary, special, or general election, is not a "candidate" at the time of the deadline. Therefore, the incumbent is required to file a financial disclosure statement with the Ohio ethics commission on or before April fifteenth, due to having held office in the prior year, even if the incumbent intend to become a "candidate" later in the year in which the statement is required to be filed.

(C) Filing deadline for a person appointed to an unexpired term of elective office:

(1) A person appointed to fill a vacancy for an unexpired term of elective office must file the financial disclosure statement within fifteen days after the person is sworn into office.

(D) Filing deadline for a person who holds elective office in a village advanced to city status:

(1) A person who holds elective office in a village that has been advanced to a city based on an increase in the population of the municipality is not required to file a financial disclosure statement so long as the person continues in the village position to which the person was elected or appointed prior to the advancement of the municipality;

(2) A person who holds elective office in a village that has been advanced to a city must file a financial disclosure statement consistent with paragraph (B) of this rule if the person is a candidate or write-in candidate for an elective position with the city.

(E) Filing deadline for a person appointed to or employed in, a non-elective filing position after february fifteenth of any calendar year:

A person who is appointed to, or employed in, a non-elective position after February fifteenth must file within ninety days of the appointment or employment date.

(F) Filing deadline for a state employee serving in a filing position in a temporary working level:

(1) A state employee serving in a filing position in a temporary working level for fewer than ninety days is not required to file a financial disclosure statement;

(2) A state employee serving in a filing position in a temporary working level for ninety days or more is required to file a financial disclosure statement. The employee must file the statement within one hundred eighty days of the date he or she was appointed or employed in the filing position.

(G) Financial disclosure statements filing date:

(1) The United States post office postmark, or shipping date of a commercial delivery service, will be the filing date.

(2) The date a financial disclosure statement is physically received by the commission will be the filing date of any financial disclosure statement without a United States post office postmark, or shipping date of a commercial delivery service.

R.C. 119.032 review dates: 05/28/2013 and 11/29/2016
Promulgated Under: 111.15
Statutory Authority: 102.05
Rule Amplifies: 102.02 , 102.022 , 102.05 , 102.07
Prior Effective Dates: 1/1/02, 02/26/12