3517.20.
Political communications; identification of source
(A) |
As used
in this section:
(1) |
"Political
publication for or against a candidate" means a notice, placard, advertisement,
sample ballot, brochure, flyer, direct mailer, or other form of general
publication that is designed to promote the nomination, election, or defeat of
a candidate. |
(2) |
"Political
publication for or against an issue" means a notice, placard, advertisement,
sample ballot, brochure, flyer, direct mailer, or other form of general
publication that is designed to promote the adoption or defeat of a ballot
issue or question or to influence the voters in an election. |
(3) |
"Public political
advertising" means newspapers, magazines, outdoor advertising facilities,
direct mailings, or other similar types of general public political
advertising, or flyers, handbills, or other nonperiodical printed
matter. |
(4) |
"Statewide
candidate" has the same meaning as in section 3517.102 of the Revised
Code. |
(5) |
"Legislative
candidate" means a candidate for the office of member of the general
assembly. |
(6) |
"Local candidate"
means a candidate for an elective office of a political subdivision of this
state. |
(7) |
"Legislative
campaign fund" has the same meaning as in section 3517.01 of the Revised
Code. |
(8) |
"Limited
political action committee" means a political action committee of fewer than
ten members. |
(9) |
"Limited
political contributing entity" means a political contributing entity of fewer
than ten members. |
(10) |
"Designated
amount" means one hundred dollars in the case of a local candidate or a local
ballot issue, two hundred fifty dollars in the case of a legislative candidate,
or five hundred dollars in the case of a statewide candidate or a statewide
ballot issue. |
(11) |
"To issue"
includes to print, post, distribute, reproduce for distribution, or cause to be
issued, printed, posted, distributed, or reproduced for distribution. |
(12) |
"Telephone bank"
means more than five hundred telephone calls of an identical or substantially
similar nature within any thirty-day period, whether those telephone calls are
made by individual callers or by recording. |
|
(B) |
(1) |
Except as otherwise
provided in division (B)(2) of this section, no entity
shall do any of the
following unless the name of the entity appears in a
conspicuous place on or is contained or included
within the publication, communication, or telephone call:
(a) |
Issue a form of political publication in support of or
opposition to a candidate or a ballot issue or question; |
(b) |
Make an expenditure for the purpose of financing political
communications in support of or opposition to a candidate or a ballot issue or
question through public political advertising; |
(c) |
Utter or cause to be uttered, over the broadcasting
facilities of any radio or television station within this state, any
communication in support of or opposition to a candidate or a ballot issue or
question or any communication that is designed to influence the voters in an
election; |
(d) |
Conduct a telephone bank for the purpose of supporting or
opposing a candidate or a ballot issue or question or for the purpose of
influencing the voters in an election.
|
|
(2) |
A limited political action committee or limited
political contributing entity may do any of the
following without including its name
in the publication or
communication :
(a) |
Issue a
form of political publication in support of or opposition to a
candidate or a ballot issue or question that
does not
cost in excess of the designated amount or that is
not issued in cooperation, consultation, or
concert with, or at the request or suggestion of, a candidate, a campaign
committee, a legislative campaign fund, a political party, a political action
committee with ten or more members, a political contributing entity with ten or
more members, or a limited political action committee or limited political
contributing entity that spends in excess of the designated amount on a related
or the same or similar political publication in support of or opposition to a
candidate or a ballot issue or
question; |
(b) |
Make an
expenditure that is not in excess of the
designated amount in support of or opposition to a candidate
or a ballot issue or question or make an
expenditure that is not made in cooperation,
consultation, or concert with, or at the request or suggestion of, a candidate,
a campaign committee, a legislative campaign fund, a political party, a
political action committee with ten or more members, a political contributing
entity with ten or more members, or a limited political action committee or
limited political contributing entity that spends in excess of the designated
amount in support of or opposition to the same candidate
or a ballot issue or question, for the purpose of
financing political communications in support of or opposition to that
candidate or a ballot issue or question through
public political advertising.
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(C) |
If more than
one piece of printed matter or printed political communications are mailed as a
single packet, the requirements of division (B) of this
section are met if one of the pieces of printed matter or printed political
communications in the packet contains the name of the organization or entity that issues or is responsible
for the printed matter or other printed political communications . |
(D) |
This section
does not apply to the transmittal of personal correspondence that is not
reproduced by machine for general distribution. |
(E) |
The secretary
of state, by rule, may exempt from the requirements of this section, printed
matter and certain other kinds of printed communications such as campaign
buttons, balloons, pencils, or similar items, the size or nature of which makes
it unreasonable to add an identification or disclaimer. |
(F) |
The disclaimer
or identification described in division (B) of this
section, when paid for by a candidate, legislative campaign fund, or campaign
committee, shall be identified by the words "paid for by" followed by the name
of the entity. The identification or disclaimer may use reasonable
abbreviations for common terms such as "committee".
The disclaimer "paid political advertisement" is not
sufficient to meet the requirements of this section.
|
(G) |
(1) |
No person operating a broadcast station or an
organ of printed media shall broadcast or print a paid political communication
that does not contain the identification required by this section. |
(2) |
Division (B)(1)(c)
of this section does not apply to any communications made on behalf of a radio
or television station or network by any employee of such radio or television
station or network while acting in the course of the employee's
employment. |
|
(H) |
No candidate or
entity shall use or cause to be used a false, fictitious, or
fraudulent name or address in the making or issuing of a publication or
communication included within the provisions of this section.
|
(I) |
Before a
prosecution may commence under this section, a complaint shall be filed with
the Ohio elections commission under section 3517.153 of the Revised Code. After
the complaint is filed, the commission shall proceed in accordance with
sections 3517.154 to 3517.157 of the Revised Code. |
Cite as (Casemaker) R.C.
§ 3517.20
History. Amended by
130th General Assembly File No. TBD, HB 483, §101.01, eff.
9/15/2014.
Amended by
130th General Assembly File No. 25, HB 59, §101.01, eff.
9/29/2013.
Amended by
129th General AssemblyFile No.127, HB 487,
§101.01, eff.
9/10/2012.
Effective Date:
07-13-1998; 03-31-2005; 04-26-2005