As used in Chapter 3517. of the Revised Code and in
rules set forth in Chapters 111:2-1 to 111:2-5 of the Administrative
Code:
(A) In-kind contribution includes the
provision of goods or services without charge or at a charge which is less than
the usual and normal charge for such goods or such services. If goods or
services are provided at less than the usual and normal charge, the amount of
the in-kind contribution is the difference between the usual and normal charge
for the goods or services at the time of the contribution and the amount
charged the committee, party or fund.
(B) "Usual and normal charge for
goods" means the price of those goods in the market from which they
ordinarily would have been purchased at the time of the contribution; and
"usual and normal charge for services", other than those provided by
an unpaid volunteer, means the hourly or piecework charge for the services at a
commercially reasonable rate prevailing at the time the services were
rendered.
(C) "Membership association"
means a membership organization, trade association, cooperative, corporation
without capital stock, political contributing entity, or a local, national or
international labor organization that has all or a majority of the following
characteristics:
(1) Is composed of
members, some or all of whom are vested with the power and authority to operate
or administer the association, pursuant to the association's articles,
bylaws, constitution, or other formal organizational documents;
(2) Expressly states the
qualifications and requirements for membership in its articles, bylaws,
constitution, or other formal organizational documents;
(3) Makes its articles,
bylaws, constitution, or other formal organizational documents available to its
members upon requests;
(4) Expressly solicits
persons to become members;
(5) Expressly
acknowledges the acceptance of membership, such as by sending a membership card
or including the member's name on a membership newsletter
list.
(D)
(1) "Member"
means all persons who are currently satisfying the requirements for membership
in a membership association, affirmatively accept the membership
association's invitation to become a member, and who do any of the
following:
(a) Have some significant financial attachment to the membership
association, such as a significant investment or ownership stake;
(b) Pay membership dues, at least annually, of a specific amount
predetermined by the association;
(c) Have a significant organizational attachment to the
membership association which includes affirmation of membership on at least an
annual basis and direct participatory rights in the governance of the
association. For example, such rights could include the right to vote directly
or indirectly for at least one individual on the membership association's
highest governing board, the right to vote on policy questions where the
highest governing body of the association is obligated to abide by the results,
the right to approve the association's annual budget, or the right to
participate directly in similar aspects of the association's
governance.
(2) Notwithstanding the
requirements for establishing membership, members of a local labor union are
considered to be members of any national or international labor union of which
the local labor union is a part and of any federation with which the local,
national, or international labor union is affiliated.
(3) In the case of a
membership association that has a national federation structure or has several
levels, including for example, national, state, regional, and/or local
affiliates, a person who qualifies as a member of any entity within the
federation or of any affiliate by meeting the requirements for establishing
membership shall also qualify as a member of all affiliates.
(4) Notwithstanding the
requirements for establishing membership, the Ohio elections commission may
determine, on a case-by-case basis, that persons who do not precisely meet
those requirements but have a relatively enduring and independently significant
organizational or financial attachment to the membership may be considered
members. For example, student members who pay a lower amount of dues while in
school, long term dues-paying members who qualify for lifetime membership
status with little or no dues obligation, and retired members may be considered
members of the organization.
(E) "Stockholder" or
"shareholder" means a person who has a vested beneficial interest in
stock, has the power to direct how that stock shall be voted, if it is voting
stock, and has the right to receive dividends.
(F) "Occupation" means the
principal job title or position of an individual and whether or not
self-employed.
(G) "Employer" means the
organization or person by whom an individual is employed, and not the name of
his or her supervisor.
(H)
(1) "Affiliation" means with respect to all political
action committees and political contributing entities:
(a) Political action committees, established, financed,
maintained or controlled by the same corporation, organization, labor
organization, continuing association or other person, including any parent,
subsidiary, branch, division, or department, of that corporation, organization,
labor organization, continuing association or other person.
(b) Political contributing entities established, financed,
maintained or controlled by, or that are the same, corporation, organization,
labor organization or other person, including any parent, subsidiary, branch,
division, or department, of that corporation, organization, labor organization
or other person.
(c) Political action committees and political contributing
entities established, financed, maintained or controlled by, or that are the
same, corporation, organization, labor organization, continuing association or
other person, including any parent, subsidiary, branch, division, or
department, of that corporation, organization, labor organization, or other
person.
(2) "Affiliation" means for purposes of sharing a
single contribution limit under section 3517.102 of the Revised Code with
respect to political action committees and political contributing
entities:
(a) Political action committees sharing a single contribution
limit under section 3517.102 of the Revised Code include all political action
committees, established, financed, maintained, or controlled by:
(i) A single corporation
and its subsidiaries;
(ii) A single national or
international labor union and its local labor unions or other subordinate
organizations;
(iii) An organization of
national or international labor unions and all its state and local central
bodies;
(iv) A membership
association, other than a political action committee, including trade or
professional associations, and related state and local entities of that
organization or group;
(v) The same person or
group of persons;
(vi) A continuing
association;
(vii) The same political
contributing entity.
(b) Political contributing entities sharing a single contribution
limit under section 3517.102 of the Revised Code include all political
contributing entities established, financed, maintained, or controlled
by:
(i) A single corporation
and its subsidiaries;
(ii) A single national or
international labor union and its local labor unions or other subordinate
organizations;
(iii) An organization of
national or international labor unions and all its state and local central
bodies;
(iv) A membership
association, other than a political action committee, including trade or
professional associations, and related state and local entities of that
organization or group; or
(v) The same person or
group of persons
(3) The Ohio elections
commission and the secretary of state for purposes of referral to the Ohio
elections commission may examine the relationship between organizations,
entities, committees, or funds that sponsor committees, between the committees
themselves, or between one sponsoring entity or organization and a committee
established by another entity or organization to determine whether committees
or entities are affiliated.
(4) In determining
whether committees or entities not described in paragraph (H)(2) of this rule
are affiliated, the Ohio elections commission and the secretary of state will
consider the following circumstantial factors in the context of the overall
relationship between committees or sponsoring organizations or
entities:
(a) Whether a sponsoring organization owns controlling interest
in the voting stock or securities of the sponsoring organization of another
committee;
(b) Whether a sponsoring organization, committee, or entity has
the authority or ability to direct or participate in the governance of another
sponsoring organization, committee, or entity through provisions of
constitutions, by-laws, contracts, or other rules, or through formal or
informal practices, or procedures;
(c) Whether a sponsoring organization, committee or entity has
the authority or ability to hire, appoint, demote, or otherwise control the
officers, or other decision making employees or members of another sponsoring
organization, committee, or entity;
(d) Whether a sponsoring organization, committee, or entity has a
common membership with another sponsoring organization, committee, or
entity;
(e) Whether a sponsoring organization, committee, or entity has
common officers or employees with another sponsoring organization, committee,
or entity;
(f) Whether a sponsoring organization, committee, or entity
provides funds in a significant amount or on an ongoing basis to another
sponsoring organization, committee, or entity, such as through direct or
indirect payments for administrative, fund-raising, or other costs, but not
including the transfer to a committee of its allocated share of proceeds
jointly raised;
(g) Whether a sponsoring organization, committee, or entity
causes or arranges for funds in a significant amount or on an ongoing basis to
be provided to another sponsoring organization, committee, or entity, but not
including the transfer to a committee of its allocated share of proceeds
jointly raised; or
(h) Whether the sponsoring organization, committee, or entity
have similar patterns of contributions or contributors which indicate a formal
or ongoing relationship between the sponsoring organization, committee, or
entity.
The Ohio elections commission and the
secretary of state for purposes of referral to the Ohio elections commission
will examine these factors in the context of the overall relationship between
committees, sponsoring organizations, or entities to determine whether the
presence of any factor or factors is evidence of one committee, sponsoring
organization, or entity having been established, financed, maintained, or
controlled by another committee or sponsoring organization.
(I) "Solicitation" for purposes
of sections 3517.082, 3517.09, 3517.092 and 3599.031 of the Revised Code shall
mean an oral or written request for a contribution.
Examples of a solicitation include directly or
indirectly asking a person for a monetary or an in-kind contribution.
(J) "Political contributing
entity" means any entity, including a corporation or labor organization,
that may lawfully make contributions and expenditures and that is not an
individual or a political action committee, continuing association, campaign
committee, political party, legislative campaign fund, designated state
campaign committee, or state candidate fund. In addition, "political
contributing entity" does not include professional associations under
Chapter 1785. of the Revised Code, limited liability companies under Chapter
1705. of the Revised Code or partnerships as defined in Chapters 1776. to 1783.
of the Revised Code.
(K)
(1) In determining
whether a purpose is a "primary or major purpose" as used in the
definition of "political action committee" under section 3517.01 of
the Revised Code, the following shall be considered:
(a) Whether the combination of two or more persons receives money
or any other thing of value in a common account for the specific purpose of
supporting or opposing any candidate, political party, legislative campaign
fund, political action committee, political contributing entity, or ballot
issue;
(b) Whether the combination of two or more persons has or will
make a continuing pattern of expenditures from a common account to support or
oppose any candidate, political party, legislative campaign fund, political
action committee, political contributing entity, or ballot issue;
(c) Whether the combination of two or more persons constitutes an
entity that was not in existence prior to supporting or opposing any candidate,
political party, legislative campaign fund, political action committee,
political contributing entity, or ballot issue;
(d) Whether the total dollar value of the combination of two or
more persons' activity described in paragraphs (K)(1)(a), (K)(1)(b) and
(K)(1)(c) of this rule during a calendar year exceeds one hundred
dollars.
(2) As used in this
paragraph, "combination of two or more persons" does not include two
or more persons making individual contributions to any campaign committee,
political party, legislative campaign fund, political action committee,
political contributing entity, or ballot issue.
(L) As provided in division (B)(8)(b) of
section 3517.01 of the Revised Code, a political club that is formed primarily
for social purposes and that meets the following criteria, is not a
"political action committee" as defined by division (B)(8) of section
3517.01 of the Revised Code:
(1) Consists of one
hundred members or less; and
(2) Has officers;
and
(3) Periodic meetings;
and
(4) Has less than two
thousand five hundred dollars in its treasury at all times; and
(5) Makes aggregate total
contribution(s) of one thousand dollars or less per calendar year.
