Chapter 111-6 Electronic Filing

111-6-01 Electronic signature.

(A) No entity shall file a statement by electronic means of transmission, as required by section 3517.10 , 3517.106 , 3517.1011 , 3517.1012 , 3517.1013 or 3517.1014 of the Revised Code, until that entity receives from the Ohio secretary of state's office a user name, password and electronic signature.

(B) The combination of user name, password, and electronic signature constitutes the electronic signature as required by division (H) of section 3517.106 of the Revised Code of each campaign entity that files statements by electronic means of transmission.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 3517.23
Rule Amplifies: 3517.106
Prior Effective Dates: 1/1/02, 1/1/06

111-6-02 Acknowledgement of statement filed by electronic means of transmission.

(A) A statement filed by electronic means of transmission pursuant to section 3517.10 , 3517.106 , 3517.1011 , 3517.1012 , 3517.1013 or 3517.1014 of the Revised Code shall be filed by using an on-line application linked to the secretary of state's home page on the world wide web. This application is called the "Campaign Finance Online Filing System (CFOFS)."

(B) The

secretary of state shall immediately acknowledge statements filed by the on-line application by notifying the filer when the statement submitted is successfully processed.

(C) The secretary of state's method of preserving all statements filed by electronic means of transmission is to store all such statements in a data base maintained by the secretary of state.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 3517.23
Rule Amplifies: 3517.106
Prior Effective Dates: 1/1/02, 1/1/06

111-6-03 Provision of checks and receipts when filing by electronic means of transmission.

(A) Any entity that files a statement by electronic means of transmission pursuant to sections 3517.10 to 3517.106 of the Revised Code shall also file a copy of the canceled checks or paid receipts required by section 3517.10 of the Revised Code. This copy may be filed by one of the following methods:

(1) By sending a paper copy of the canceled checks or paid receipts to the secretary of state's office. This copy shall be filed or postmarked not later than the date the statement is required to be filed under section 3517.10 of the Revised Code.

(2) By uploading a copy of the canceled checks or paid receipts into the "Campaign Finance Online Filing System" (CFOFS) using the upload attachment function in the application. This copy shall be uploaded not later than the date the statement is required to be filed under section 3517.10 of the Revised Code.

Effective: 01/07/2011
R.C. 119.032 review dates: 10/21/2010 and 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 3517.23
Rule Amplifies: 3517.106
Prior Effective Dates: 1/1/02

111-6-04 Hardship rule.

(A) As used in this rule, "eligible campaign committee" means either of the following:

(1) The campaign committee of a candidate for statewide office that makes expenditures of less than twenty-five thousand dollars during a reporting period under division (A) of section 3517.10 of the Revised Code;

(2) The campaign committee of a candidate for the office of member of the general assembly or for the office of judge of a court of appeals that would otherwise be required to file campaign finance statements by electronic means of transmission under division (E) or (F) of section 3517.106 of the Revised Code.

(B) An eligible campaign committee may file a campaign finance statement for a reporting period under division (A) of section 3517.10 of the Revised Code by paper rather than by electronic means of transmission if both of the following occur:

(1) The candidate of the eligible campaign committee that intends to file a campaign finance statement by paper rather than by electronic means of transmission files with the secretary of state a notice indicating that the candidate's campaign committee intends to file by paper and stating that filing the statement by electronic means of transmission would constitute a hardship for the candidate or for the eligible campaign committee;

(2) The following requirements shall be met in order to determine the fee structure for campaign committees filing the notice of hardship.

(a) The campaign finance statement is accompanied by a fee not to exceed the actual data entry and data verification costs incurred by the secretary of state to convert the information filed on paper to electronic format. The fee shall be determined using the formula set forth in this division, which results in a fee that does not exceed the secretary's actual costs.

The number of entries on the report for contributions received shall be added to the number of entries on the report for expenditures made.

(Entries for loans and debts shall not be included.) The resulting number shall be multiplied by the cost per keystroke required to enter the data from the report into the secretary of state's electronic filing system, as determined by the secretary of state pursuant to the contract with the secretary's data entry vendor. The resulting number shall be multiplied by a number determined by the secretary of state that is less than the average number of keystrokes per entry required to enter and verify the data from the report into the secretary's electronic filing system pursuant to the contract with the secretary's data entry vendor.

(b) The current formula, which shall include an actual multiplier figure derived by the secretary of state pursuant to paragraph (B)(2)(a) of this rule to enable a committee to perform the calculations necessary to determine its fee, shall appear on the electronic filing notice of hardship form (form 31-DD) prescribed by the secretary of state.

(c) Whoever signs the campaign finance statement shall indicate on the statement's cover page, form 30-A prescribed by the secretary of state, both the total number of contribution entries and the total number of expenditure entries reported in that statement.

(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 shall review the contribution and other information made available online by the secretary of state with respect to that paper filing and shall notify the secretary of state of any errors with respect to that filing that appear in the data made available on the secretary of state's web site.

(D) Campaign finance statements filed on paper pursuant to division (L) of section 3517.106 of the Revised Code shall be filed by the filing deadlines required under division (A) of section 3517.10 of the Revised Code.

(E) Any campaign committee that submits paper campaign finance statements, pursuant to division (L) of section 3517.106 of the Revised Code, shall comply with the following provisions, as applicable.

(1) The candidate of an eligible campaign committee that intends to file a paper statement pursuant to division (L) of section 3517.106 of the Revised Code shall file a notice of hardship for each campaign finance statement that the committee intends to file by paper. A notice of 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.

R.C. 119.032 review dates: 11/08/2013 and 07/31/2018
Promulgated Under: 119.03
Statutory Authority: 3517.106(L) , 3517.23
Rule Amplifies: 3517.106(L)
Prior Effective Dates: 07/27/06

111-6-05 Termination of transition fund.

(A) On or before the one hundred twentieth day after a transition fund has been established pursuant to division (B) of section 3517.1014 of the Revised Code, the treasurer of the transition fund shall file a termination statement.

(B)

(1) The termination statement shall be filed by filing a final statement of donations and disbursements as required by division (I) of section 3517.1014 of the Revised Code using the on-line application called the "Campaign Finance Online Filing System" (CFOFS), established pursuant to rule 111-6-02 of the Administrative Code, and selecting the option during the submission process indicating that the statement is a termination statement. The termination report must have a zero balance on hand and all loans received must have been repaid or forgiven.

(2) The treasurer shall include with this filing a copy of all available statements from the bank or other financial institution that held transition fund moneys. The bank or financial institution statements may be submitted through the CFOFS using the "Upload Attachment" function in the application or by mail to the campaign finance section of the secretary of state's office.

(C) Notwithstanding paragraph (B) of this rule, if the final bank or financial institution statements are not available at the time of filing the transition statement, the treasurer shall indicate in the final statement of donations and disbursements that all transition fund moneys were disposed of prior to the termination of the transition fund and shall file with the secretary of state copies of the final bank or financial institution statements within five days after receiving them from the bank or financial institution.

Effective: 01/07/2011
R.C. 119.032 review dates: 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 3517.23
Rule Amplifies: 3517.1014