111-5-04 When campaign finance statements must be filed.

Whether and when a campaign finance statement is required to be filed under section 3517.10 of the Revised Code depends upon whether the reporting entity is a campaign committee, political action committee, political contributing entity, political party, or legislative campaign fund and the amount and purpose of the reporting entity's contribution and expenditure activity. Except as otherwise provided in paragraph (C) of this rule, the criteria used for filing a preelection statement under division (A)(1) of section 3517.10 of the Revised Code and a postelection statement under division (A)(2) of section 3517.10 of the Revised Code apply to any primary, general, or special election.

(A)

(1) A campaign committee's filing requirements are based upon when the committee's candidate is on the ballot. The campaign committee of a candidate who is not on the ballot during a calendar year is not required to file the statements under division (A)(1) of section 3517.10 or division (A)(2) of 3517.10 of the Revised Code for that year, regardless of contributions received and expenditures made. In this case, the campaign committee is required to file the annual statement under division (A)(3) of section 3517.10 of the Revised Code reflecting all contributions received and all expenditures made that were not reflected in the last statement required to be filed under section 3517.10 of the Revised Code through the last day of December.

(2) During a year in which the candidate is on the ballot, the preelection statement required by division (A)(1) of section 3517.10 of the Revised Code is due when the campaign committee has received one thousand dollars or more in contributions or has made expenditures of one thousand dollars or more, from the contributions and expenditures reflected in the last statement required to be filed under section 3517.10 of the Revised Code through the twentieth day before the election. The postelection statement required by division (A)(2) of section 3517.10 of the Revised Code is due when the campaign committee received any contributions or made any expenditures from the contributions and expenditures reflected in the last statement required to be filed under section 3517.10 of the Revised Code through the seventh day before the postelection statement under division (A)(2) of section 3517.10 of the Revised Code is required to be filed.

(B)

(1) The filing requirements for political action committees, political contributing entities, political parties, and legislative campaign funds are based on whether the entity attempted to influence the results of an election. For the purpose of determining when any of the entities described in the preceding sentence must file a statement required under paragraph (B)(2), (B)(3), or (B)(4) of this rule, any contributions made to or expenditures made on behalf of a candidate or the campaign committee of a candidate during a calendar year when the candidate is not on a ballot is not considered to be made to influence the results of an election held during that calendar year. If those are the only contributions or expenditures the entity makes during that calendar year, then the entity is required to file only the statement required under division (A)(3) of section 3517.10 of the Revised Code. If the entity makes any other contributions to or expenditures on behalf of a political entity to influence the results of an election during that calendar year for which a statement is required to be filed under division (A)(1), (A)(2), or (A)(3) of section 3517.10 of the Revised Code, then the entity shall file whichever statement is required under those divisions.

(2) If, from the last statement filed through the twentieth day before the election, a political action committee, political contributing entity, political party, or legislative campaign fund made any expenditures to influence the results of an election and received one thousand dollars or more in contributions or made one thousand dollars or more in expenditures, then that political action committee, political contributing entity, political party, or legislative campaign fund is required to file the preelection statement required under division (A)(1) of section 3517.10 of the Revised Code.

(3) A political action committee, political contributing entity, political party, or legislative campaign fund is required to file the postelection statement under division (A)(2) of section 3517.10 of the Revised Code when the political action committee, political contributing entity, political party, or legislative campaign fund made any contributions to or made any expenditures on behalf of a candidate or the campaign committee of a candidate to influence the results of that candidate's nomination or election to office from the date of reflection of the contributions and expenditures made on the last statement that was required to be filed under section 3517.10 of the Revised Code through the seventh day before the date the postelection report under division (A)(2) of section 3517.10 of the Revised Code is required to be filed.

(4) During a calendar year in which a political action committee, political contributing entity, political party or legislative campaign fund made no contributions or expenditures to influence the results of an election held during that calendar year, the entity is not required to file a preelection statement under division (A)(1) of section 3517.10 of the Revised Code or a postelection statement under division (A)(2) of section 3517.10 of the Revised Code. The entity is required to file an annual statement under division (A)(3) of section 3517.10 of the Revised Code reflecting contributions received and expenditures made from date of reflection of the contributions and expenditures made on the last statement that was required to be filed under section 3517.10 of the Revised Code through the last day of December of that calendar year.

(C) Any campaign committee that filed a postgeneral election statement under division (A)(2) of section 3517.10 of the Revised Code is not required to file an annual statement for that year.

(D)

(1) As used in this paragraph, "active campaign committee" is any campaign committee that has a designation of appointment of a treasurer on file with a board of elections or the secretary of state and has not filed a termination statement pursuant to section 3517.10 of the Revised Code.

(2) Any active campaign committee that did not file a postgeneral election statement under division (A)(2) of section 3517.10 of the Revised Code is required to file an annual statement under division (A)(3) of section 3517.10 of the Revised Code.

(3) An active campaign committee that did not receive any contributions or make any expenditures during a calendar year must file an annual statement under division (A)(3) of section 3517.10 of the Revised Code stating that it received no contributions and made no expenditures during that calendar year. A completed form 30-A, prescribed by the secretary of state, showing the beginning and ending balances and the total of any outstanding loans or debts satisfies this requirement.

(E) A candidate who receives a certificate of nomination pursuant to section 3513.02 of the 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 to section 3513.02 of the Revised Code and for which the candidate was issued the certificate.

(F) A campaign committee may terminate pursuant to section 3517.10 of the Revised Code if it has a zero balance and no outstanding loans or debts. The termination statement may be made a part of an otherwise scheduled statement required to be filed under section 3517.10 of the Revised Code, or may be filed separately at any other time.

(G) The semiannual statement required by division (A)(4) of section 3517.10 of the Revised Code is due to be filed by the last business day of July reflecting contributions received and expenditures made from the last statement that was required to be filed under section 3517.10 of the Revised Code through the last day of June of that calendar year. A semiannual statement is not required of any campaign committee, political action committee, political contributing entity, political party or legislative campaign fund if a post-primary election statement, as required by division (A)(2) of section 3517.10 of the Revised Code, was filed for that election year.

(1) No campaign committee of a candidate for the office of chief justice or justice of the supreme court, and no campaign committee of a candidate for the office of judge of any court in this state, shall be required to file a semiannual statement under division (A)(4) of section 3517.10 of the Revised Code.

(2) The campaign committee of a statewide candidate and the campaign committee of a candidate for county office are required to file the semiannual statement under division (A)(4) of section 3517.10 of the Revised Code for any year in which the candidate does not appear on an election ballot.

(3) Except as otherwise provided in this section, the campaign committee of a candidate for any nonjudicial office is required to file a semiannual statement if that campaign committee receives, during that period, contributions exceeding ten thousand dollars.

R.C. 119.032 review dates: 11/08/2013 and 07/31/2018
Promulgated Under: 119.03
Statutory Authority: 3517.23
Rule Amplifies: 3517.10
Prior Effective Dates: 9/6/74, 1/1/02