Chapter 111-3 Candidate Expenditures

Independent expenditure means an expenditure by a person for a communication advocating the election or defeat of a clearly identified candidate or ballot issue which is not made with the cooperation or with the prior consent of or in consultation with, or at the request or suggestion of, a candidate or any agent or authorized committee of such candidate.

For purposes of this definition “person” means an individual, partnership, committee, association, or any organization or group of persons, including a separate segregated fund, political contributing entity or political action committee established by a labor organization, corporation or national bank, but does not mean a labor organization, corporation, or national bank unless the labor organization, corporation, or national bank is a political contributing entity.

Notwithstanding any part of this section, 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.

A “communication advocating election or defeat” means a communication that includes, but is not limited to, expressions such as “vote for,” “elect,” “support,” “cast your ballot for,” or “vote against,” “defeat,” or “reject”.

“Clearly identified candidate” means that the name of the candidate appears, a photograph or drawing of the candidate appears, or the identity of the candidate is otherwise apparent.

“Made with cooperation or with the prior consent of, or with the consent of, or in consultation with, or at the request or suggestion of a candidate or any agent or authorized committee of the candidate” means any arrangement, coordination, or direction by the candidate or his or her agent prior to the publication, distribution, display or broadcast of the communication. An expenditure will be presumed to be so made when it is:

(A) Based on information about the candidate’s plans, projects, or needs provided to the person making the expenditure by the candidate or by the candidate’s campaign committee or agent, with a view toward having an expenditure made; or

(B) Made by or through any person who is or has been authorized to raise or expend funds, who is or has been an officer of the candidate’s committee or who is or has been, receiving any form of compensation or reimbursement from the candidate, the candidate’s committee, or agent;

(C) Made by a political party in support of a candidate, unless the expenditure is made by a political party to conduct voter registration or voter education efforts.

“Made with cooperation or with prior consent of, or in consultation with or at the request or suggestion of” does not include providing to the expending person upon request Ohio elections commission or secretary of state guidelines on independent expenditures.

“Agent” means any person who has actual oral or written authority, either express or implied, to make or to authorize the making of expenditures on behalf of a candidate, or means any person who has been placed in a position within the campaign organization where it would reasonably appear that in the ordinary course of campaign-related activities he or she may authorize expenditures.

An expenditure not qualifying under this section as an independent expenditure shall be an in-kind contribution to the candidate.

The financing of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic or other form of campaign materials prepared by the candidate, the candidate’s campaign committee, or authorized agents thereof shall be considered a contribution for the purpose of contribution limits and reporting responsibilities by the person making the expenditure but shall not be considered an expenditure by the candidate or the candidate’s authorized committee unless made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a candidate or any authorized agent or committee thereof. The value of an individual’s time in the door-to-door distribution or handing out of written campaign materials by that individual is not a contribution or expenditure for purposes of this rule.

No expenditure by an authorized committee of a candidate on behalf of that candidate shall qualify as an independent expenditure.

R.C. 119.032 review dates: 12/26/2006

Promulgated Under: 119.03

Statutory Authority: RC 3517.23

Rule Amplifies: RC 3517.10, 3517.105, 3599.03

Prior Effective Dates: 9/6/74, 11/21/95, 7/13/98 (Emer.), 9/24/98, 1/1/02, 1/1/06

(A) Every person or entity who makes an independent expenditure shall file a signed statement with the secretary of state or the board of elections, as appropriate, on a form prescribed by the secretary of state, which shall include:

(1) The reporting person’s or entity’s name and street address;

(2) The name and street address of the person or entity to whom the expenditure was made;

(3) The amount, date, and purpose of each expenditure;

(4) A statement that indicates whether such expenditure was in support of or in opposition to a candidate, together with the candidate’s name and office sought or in support of or opposition to any ballot issue together with the ballot issue number, whether it was a state or local issue, and if a local issue, the county or district it covered;

(5) A signed certification under penalty of election falsification that such expenditure was not made in cooperation, consultation or concert with, or at the request or suggestion of any candidate, ballot issue committee or any authorized committee or agent thereof.

(B) Statements required to be filed under section 3517.105 of the Revised Code shall be filed:

(1) At the same time and place as the person or entity files a statement required by section 3517.10 of the Revised Code and as part of that statement; or

(2) If no statement is required by section 3517.10 of the Revised Code, the individual, partnership, or other entity shall file with the secretary of state in the case of a statewide candidate or 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.

R.C. 119.032 review dates: 12/26/2006

Promulgated Under: 119.03

Statutory Authority: RC 3517.23

Rule Amplifies: RC 3517.10, 3517.105

Prior Effective Dates: 9/6/74, 8/23/95 (Emer.), 11/21/95, 7/13/98 (Emer.), 9/24/98, 1/1/02

No candidate who has failed to file a personal funds notice as required in section 3517.103 of the Revised Code shall knowingly make expenditures from his or her personal funds or the funds of his or her 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, in connection with his or her campaign for nomination for election to office which exceeds one hundred thousand dollars during a primary election period in the aggregate or one hundred fifty thousand dollars during the general election period in the aggregate, in the case of statewide candidates, and twenty five thousand dollars during a primary election period in the aggregate or twenty-five thousand dollars during the general election period in the aggregate, in the case of senate and house candidates.

Expenditures made using a credit card for which the candidate is jointly or solely liable will count against the limits of this section to the extent that the full amount due, including any finance charge, is not paid by the committee within sixty days after the closing date of the billing statement on which the charges first appear. For purposes of this section the closing date shall be the date indicated on the billing statement which serves as the cutoff date for determining which charges are included on that billing statement.

R.C. 119.032 review dates: 12/26/2006

Promulgated Under: 119.03

Statutory Authority: RC 3517.23

Rule Amplifies: RC 3517.103

Prior Effective Dates: 8/23/95 (Emer.), 11/21/95, 1/1/02