This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 111:2-4-01 | Payment of filing fee by candidate.
Effective:
October 5, 2021
The payment of any filing fee required by sections
3513.10 and 3513.261 of the Revised Code by the candidate from the
candidate's own funds shall not be considered an expenditure that requires
the filing of a "Designation of Treasurer" under section 3517.10 of the Revised
Code. If the candidate has filed a "Designation of
Treasurer" under section 3517.10 of the Revised Code, payment of the fee
required by section 3513.10 or 3513.261 of the Revised Code may be made by the
candidate's campaign committee from the campaign fund.
Last updated October 5, 2021 at 8:48 AM
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Rule 111:2-4-02 | Contributions received for debt retirement.
Effective:
January 25, 2016
As used in section 3517.108 of the Revised Code,
"unpaid debt" includes both unpaid debts and unpaid loans. Payments
made toward unpaid debts or loans under section 3517.108 of the Revised Code
shall be vouched for pursuant to section 3517.10 of the Revised Code. For purposes of section 3517.108 of the Revised
Code, a campaign committee may accept additional contributions from an
individual, political action committee, political contributing entity, or other
campaign committee when that individual, committee, or entity has contributed
less than the contribution limitations prescribed in section 3517.102 of the
Revised Code or has made no contributions to that campaign committee during the
primary or general election period for which the debt remains unpaid.
Last updated October 26, 2023 at 11:10 AM
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Rule 111:2-4-03 | Political action committee contributions.
Effective:
October 5, 2021
Any political action committee that is not
registered under section 3517.107 of the Revised Code shall file a "Designation
of Treasurer" prior to receiving contributions or making expenditures for the
purpose of influencing the results of a state or local election in Ohio. A
political action committee not registered under section 3517.107 of the Revised
Code and that is registered in a state other than Ohio may not use any
contributions received prior to the filing of the appointment of designation of
treasurer to make expenditures to influence the results of a state or local
election in Ohio. Once a political action committee has filed an
appointment of designation of treasurer pursuant to section 3517.10 of the
Revised Code, any contribution received or expenditure made by the political
action committee in connection with any state or local election in Ohio shall
be received or made in accordance with Chapter 3517. of the Revised
Code. Any campaign committee, political action committee,
political contributing entity, legislative campaign committee or political
party that receives a contribution from a political action committee prior to
that political action committee filing a "Designation of Treasurer" under
section 3517.10 of the Revised Code and this rule shall return the contribution
to the political action committee.
Last updated October 5, 2021 at 8:48 AM
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Rule 111:2-4-04 | When campaign finance statements must be filed.
Effective:
October 5, 2021
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 pre-election
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 section 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 calendar
year in which the candidate is on the ballot, the pre-election 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 pre-election 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 pre-election 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 calendar
year. (D) (1) As used in this
paragraph, "active campaign committee" is any campaign committee that
has a Designation of 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 postprimary election statement, as
required by division (A)(2) of section 3517.10 of the Revised Code, was filed
for that calendar 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 calendar year in which
the candidate does not appear on an election ballot. (3) Except as otherwise
provided in that 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.
Last updated October 5, 2021 at 8:49 AM
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Rule 111:2-4-05 | Definition of cash.
Effective:
January 25, 2016
For purposes of enforcing section 3517.13 of the
Revised Code, the term "cash" means coined or paper money designated
as legal tender and circulated from hand to hand as a medium of
exchange.
Last updated October 26, 2023 at 11:10 AM
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Rule 111:2-4-06 | Contributions made by a candidate or by the candidate's campaign committee.
Effective:
October 5, 2021
Contributions made by a candidate to the
candidate's own campaign must be reported by the candidate's campaign
committee. Contributions made by a candidate's campaign committee to a
political party, political committee, political contributing entity, or another
campaign committee must be reported as expenditures on Form No. 31-B, as
prescribed by the secretary of state, and the word "contribution"
should be written in the "purpose" portion of the form.
Last updated October 5, 2021 at 8:49 AM
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Rule 111:2-4-07 | Monthly statements.
Effective:
October 5, 2021
Monthly statements shall be filed no later than
three business days after the last day of the month covered by such statement.
Such statement shall be on a form prescribed by the secretary of state and
shall include all of the following: (A) The full name and address of each
person, political party, political contributing entity, campaign committee,
legislative campaign fund, or political action committee from whom
contributions are received and the registration number assigned to the
political action committee; (B) The amount, month, day, and year of
the contribution; (C) If a campaign committee of a
statewide candidate receives a contribution from an individual that exceeds one
hundred dollars, the name of the individual's current employer, if any,
or, if the individual is self-employed the individual's occupation and
name of the individual's business; (D) If a campaign committee of a
statewide candidate receives a contribution transmitted pursuant to section
3599.031 of the Revised Code from amounts deducted from the wages and salaries
of two or more employees that exceeds one hundred dollars, the full name of the
employees' employer and the full name of the labor organization of which
the employees are members, if any. The information included on a monthly statement
shall not be reported again on any subsequent monthly statement,
two-business-day statement, or campaign finance statement required by section
3517.10 of the Revised Code. Any monthly statement required to be filed under
section 3517.10 of the Revised Code that is found to be incomplete or
inaccurate by the secretary of state shall be accepted on a conditional basis,
and the person who filed it shall be notified by certified mail as to the
incomplete or inaccurate nature of the report. Within twenty-one days after
receipt of a notice, the recipient shall file an addendum to the statement
providing the information necessary to complete or correct the
statement. A statement is incomplete or inaccurate if it
fails to disclose substantially all contributions that are received from a
source and that are required to be reported on the monthly statement required
by section 3517.10 of the Revised Code or if the report fails to disclose at
least ninety per cent of the total contributions received during the reporting
period.
Last updated October 5, 2021 at 8:49 AM
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Rule 111:2-4-08 | Two-business-day statements.
Effective:
January 25, 2016
If any contribution, alone or in aggregation with
any other contribution, is received from the same contributor in the amount of
ten thousand dollars or more by the campaign committee of any candidate for
chief justice or any candidate for justice of the supreme court or in the
amount of ten thousand dollars or more by the campaign committee of any other
statewide candidate on or after the nineteenth day before through midnight of
the day of the election, the campaign committee of that candidate shall notify
the secretary of state within forty-eight hours of receipt of the contribution.
The notification shall be in writing and shall include the name of the
candidate and the office sought by the candidate, the identification of the
contributor, and the date of receipt and amount of the contribution. The
notification required by this rule shall be in addition to the reporting of
these contributions on the postelection statement required under division
(A)(2) of section 3517.10 of the Revised Code. Any two-business-day statement to be filed under
section 3517.10 of the Revised Code that is found to be incomplete or
inaccurate by the secretary of state shall be accepted on a conditional basis,
and the person who filed it shall be notified by certified mail as to the
incomplete or inaccurate nature of the statement. Within twenty-one days after
receipt of a notice, the recipient shall file an addendum to the statement
providing the information necessary to complete or correct the
statement. A statement is incomplete or inaccurate if it fails
to disclose substantially all of the information required to be reported on the
two-business-day statement.
Last updated October 26, 2023 at 11:10 AM
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Rule 111:2-4-09 | Short form statements.
Effective:
October 5, 2021
(A) No campaign committee is required to
file a postprimary election campaign finance statement required under division
(A)(2) of section 3517.10 of the Revised Code if, during the combined
pre-election and postelection reporting periods, the committee received
contributions of five hundred dollars or less and made expenditures of five
hundred dollars or less. Instead, the campaign committee may file a short-form
statement as prescribed by the secretary of state. The statement shall indicate
the total amount of contributions received and expenditures made and the
balance on hand, and shall be signed under penalty of election falsification.
If either the contributions received or the expenditures made during this
period exceed five hundred dollars, the campaign committee must file the
postprimary election statement required by division (A)(2) of section 3517.10
of the Revised Code that includes all the information required in divisions (B)
and (C) of section 3517.10 of the Revised Code. (B) No campaign committee is required to
file a postgeneral election campaign finance statement required by division
(A)(2) of section 3517.10 of the Revised Code if, during the combined
preprimary, postprimary, pregeneral, and postgeneral election periods, it
received contributions and made expenditures of five hundred dollars or less.
Instead, the campaign committee may file a short-form statement as prescribed
by the secretary of state. The statement shall indicate the total amount of
contributions received and expenditures made and the balance on hand, and shall
be signed under penalty of election falsification. If either the contributions
received or the expenditures made during the combined periods exceed five
hundred dollars, the campaign committee shall file the postgeneral election
statement required by division (A)(2) of section 3517.10 of the Revised Code
that includes all the information required in divisions (B) and (C) of section
3517.10 of the Revised Code. (C) Paragraphs (A) and (B) of this rule
do not apply if a campaign committee makes expenditures prior to the first day
of January of the year of the election at which the candidate seeks nomination
or election to office or if the campaign committee does not file a termination
statement with its postprimary election statement in the case of an
unsuccessful primary election candidate or with its postgeneral election
statement in the case of other candidates. (D) If a campaign committee of a
successful candidate at a primary election has filed a short form in accordance
with this rule, then the first statement that committee files in regard to the
general election shall reflect all contributions received and all expenditures
made during the preprimary and postprimary election periods. (E) A campaign committee of a candidate
that was unsuccessful in its effort to obtain its party's nomination to
office and that fails to terminate may not file a short form statement for the
postprimary election statement required under division (A)(2) of section
3517.10 of the Revised Code as provided in this rule, regardless of the amount
of contributions received and expenditures made. Instead such campaign
committee must file the statements required by divisions (A)(1) and (A)(2) of
section 3517.10 of the Revised Code. (F) A campaign committee of a candidate
that was unsuccessful in its effort to seek election to office and that fails
to terminate may not file a short form statement as provided in this rule,
regardless of the amount of contributions received and expenditures made.
Instead such campaign committee must file the statements required by divisions
(A)(1) and (A)(2) of section 3517.10 of the Revised Code.
Last updated October 5, 2021 at 8:49 AM
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Rule 111:2-4-10 | Forms.
Effective:
October 5, 2021
(A) Each statement filed with the office
of the secretary of state or a county board of elections by the campaign
committee of a candidate or by a political party, political contributing
entity, political action committee, ballot issue committee, individual, or
legislative campaign fund shall be filed on the appropriate form, or in the
appropriate electronic format, as prescribed by the secretary of state.
Statements and data filed by electronic means of transmission, pursuant to
section 3517.106 of the Revised Code, shall be submitted in the prescribed file
format and pursuant to protocols prescribed by the secretary of
state. (B) Forms may be obtained from the
secretary of state's web site, www.ohiosos.gov, from any county board of
elections, or by writing to the "Ohio Secretary of State, 22 North Fourth
Street, 15th floor, Columbus, Ohio 43215-3668." (C) Any individual or entity required to
file campaign finance statements under Chapter 3517. of the Revised Code whose
statement is filed with a board of elections or with the secretary of state may
reproduce the forms that are prescribed by the secretary of state or, with the
prior written approval of the secretary of state, may modify the forms
prescribed by the secretary of state provided that the modified forms are only
for the individual's or entity's own use. (D) Any individual or entity may request
approval for forms modified from those prescribed by the secretary of state for
use in filing campaign finance statements on paper. Requests should be sent may
be sent via electronic mail or to the "Office of the Secretary of State,
Campaign Finance Division, 22 North Fourth St., 15th Floor, Columbus, Ohio,
43215-3668" and must include complete samples of the proposed
modifications. (E) No individual or entity will be
approved to make any modification to the file format or the filing protocols
prescribed by the secretary of state for the filing of campaign finance
statements by electronic means of transmission.
Last updated October 5, 2021 at 8:50 AM
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Rule 111:2-4-11 | Deposit of receipts.
Effective:
October 5, 2021
(A) As used in this rule,
"committee" means a campaign committee, political party, political
action committee, political contributing entity, legislative campaign fund, or
ballot issue committee. (B) All contributions received by a
committee shall be deposited in an account or accounts established by the
committee within thirty days of receipt or shall be returned to the contributor
without being deposited. The treasurer of the committee shall be responsible
for making such deposits or returns. A committee shall make all disbursements
by check or similar draft drawn on an account at its designated campaign
depository. Funds may be transferred from the depository for investment
purposes, but shall be returned to the depository before such funds are used to
make expenditures. The treasurer of the committee shall be
responsible for examining all contributions received for evidence of illegality
and for ascertaining whether contributions received, when aggregated with other
contributions from the same contributor, exceed the contribution limits of
section 3517.102 of the Revised Code. Contributions that present genuine questions as
to whether they were made in excess of the allowable contribution limits or by
corporations or foreign nationals, or in the name of another, may be either
deposited in a campaign depository, or returned in their entirety to the
contributor. If any such contribution is deposited, the treasurer shall make
his or her best efforts to determine the legality of the contribution. No
expenditures shall be made using such contributions unless the treasurer has
determined that the contribution was not made in excess of the allowable
contribution limits, or by a corporation, foreign national, or made in the name
of another. The treasurer shall have been deemed to have made
his or her best efforts if he or she made at least one written or oral request
for evidence of the legality of the contribution. Such evidence includes, but is not limited to, a
written statement from the contributor explaining why the contribution is
legal, or a written statement by the treasurer memorializing an oral
communication explaining why the contribution is legal. If the contribution cannot be determined to be
allowed under Ohio law, the treasurer shall refund the entire contribution to
the contributor within thirty days. If the treasurer, exercising his or her
responsibilities, including best efforts in the case of questionable
contributions, determines that a contribution was not made illegally, such as
in excess of the contribution limits, or by a corporation, foreign national, or
made in the name of another, but later discovers that it is illegal based on
new evidence not available at the time of receipt and deposit or best efforts
determination, the treasurer shall refund the entire contribution to the
contributor within ten days of the date on which the illegality is discovered.
If the committee does not have sufficient funds to cover the refund of the
contribution at the time the illegality is discovered, the committee shall
first refund an amount equal to the committee's balance on hand and shall
refund the balance of the contribution from the next funds it receives. Contributions which on their face exceed the
contribution limits set forth in section 3517.102 of the Revised Code and
contributions which on their face are from corporations or foreign nationals
shall not be deposited but shall be returned in their entirety to the
contributor within ten days of receipt.
Last updated October 5, 2021 at 8:50 AM
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Rule 111:2-4-12 | Checks combining contributions with other payments.
Effective:
October 5, 2021
A contributor may not issue a single check to a
corporation or labor organization that represents both a contribution to the
corporation's or labor organization's political action committee or
separate segregated fund and payment of dues or other fees. Checks for
contributions and checks for the payment of dues or other fees must be issued
separately. A contributor may issue a single check to an
association or other organization which is not a corporation or labor
organization that represents both a contribution to the association's or
other organization's political action committee and payment of dues or
other fees. The treasurer of the association's or other
organization's political action committee that receives a portion of the
proceeds of a single check issued for dues or other fees and a contribution,
shall maintain records of the amount received as a contribution to ensure that
individual contribution limits are not exceeded and other reporting
requirements are met. Under a payroll deduction plan, an employer may not
issue a single check on behalf of its employees which check represents a
combined payment of contributions to a political action committee or separate
segregated fund of a labor organization of the employer's employees or to
a political action committee or separate segregated fund of an association of
which the employer is a member, and dues or other fees to such labor
organization or association except when such check is issued to an entity
separate from the labor organization or association on behalf of one or more
employees for purposes of distribution.
Last updated October 5, 2021 at 8:50 AM
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Rule 111:2-4-13 | Accounting for contributions and expenditures.
Effective:
October 5, 2021
The treasurer of a campaign committee, political
action committee, ballot issue committee, political contributing entity,
political party, or legislative campaign fund shall fulfill all record-keeping
duties as set forth in this rule. (A) Except as otherwise provided in
paragraph (H) of this rule, an account of contributions shall be kept, by any
reasonable accounting procedure, of all contributions received by or on behalf
of the entity, regardless of the amount of the contribution received or the
circumstances of where the contribution was received. The account shall include
the name and street address of the contributor, the date the contribution was
received, the form in which the contribution was received, and the amount of
the contribution. The account shall also include all of the
following: (1) For contributions in
excess of one hundred dollars received by a campaign committee of a statewide
candidate or candidate for the office of member of the general assembly from
two or more employees through a system of payroll deduction, the name and
street address of each contributor, the date the contribution was received, the
name of the contributors' employer, and the name of the
contributors' labor organization, if any; (2) For contributions
received by a campaign committee of a statewide candidate or candidate for the
office of member of the general assembly from any person in excess of one
hundred dollars, the name of the contributor's employer or, if
self-employed, the contributor's occupation; (3) For contributions
from a political action committee, the full name and street address of the
political action committee, the registration number of the committee issued by
the secretary of state under section 3517.10 of the Revised Code, if any, and
the date of receipt, and amount of the contributions. (B) An account shall be kept of all
expenditures made by or on behalf of a campaign committee, political action
committee, ballot issue committee, political contributing entity, political
party, or legislative campaign fund. Such account shall consist of a record of
all of the following: (1) The name and address
of every person or entity to whom any expenditure is made; (2) The date, amount, and
purpose of the expenditure. As used in this paragraph, "purpose"
includes a brief statement or description of why the expenditure is
made. (C) In addition to the accounts that must
be kept as provided in this rule, each campaign committee, political action
committee, ballot issue committee, political party, political contributing
entity, or legislative campaign fund shall retain all records related to its
contribution and expenditure activity. These records shall include, but are not
limited to, all of the following: (1) All paper and/or
electronic statements received from its campaign depository; (2) Canceled checks or
authentic facsimiles thereof, except that disbursements by share draft or check
drawn on a credit union account shall be documented by providing a carbon copy
of the share draft or check drawn on the credit union account along with a copy
of the monthly account statement showing that the share draft or check was paid
by the credit union; (3) For credit card
transactions, the monthly billing statement or customer receipt for each credit
card transaction. (D) The requirement of section 3517.10 of
the Revised Code that every expenditure in excess of twenty-five dollars shall
be vouched for, is satisfied by providing an original or photocopy of any of
the following: (1) A receipted bill;
or (2) A canceled
check; (3) An account statement,
from the committee's financial institution, which contains the name of the
payee, amount, date, and check number. (E) In performing record-keeping duties,
the treasurer or the treasurer's authorized agent shall use his or her
best efforts to obtain, maintain, and submit the required information. If there
is a showing that best efforts have been made, any records of an entity that is
required to file a statement under section 3517.10 of the Revised Code shall be
deemed to be in compliance with Chapter 3517. of the Revised Code. With regard
to the requirements of this rule concerning receipts, invoices, and canceled
checks, the treasurer will not be deemed to have exercised best efforts to
obtain, maintain, and submit the records unless the treasurer has made at least
one written attempt for each transaction to obtain a duplicate copy of the
invoice, receipt, or canceled check. (F) The treasurer shall preserve all
records, both paper and electronic, and accounts required to be kept under this
rule for six years after the statement to which such records and accounts
relate has been filed. (G) Except as otherwise provided in
section 3517.108 of the Revised Code, contributions received by a candidate or
by a candidate's campaign committee in a particular election period are
deemed to have been made for the election period during which they were
received. (H) In accordance with division (L) of
section 3517.10 of the Revised Code, paragraph (A) of this rule does not apply
to contributions received by a political contributing entity from the dues,
membership fees, or other assessments of its members or from its officeholders,
shareholders, or employees to the extent that dues, membership fees, or other
assessments may be aggregated for reporting purposes. (I) Pursuant to division (B)(4) of
section 3517.081 of the Revised Code, a candidate shall not become a
beneficiary of a multi-beneficiary campaign committee without first terminating
the candidate's individual campaign committee, if one exists, by doing any
of the following in disposal of any remaining contributions: (1) Giving the amount to
the Ohio elections commission fund; (2) Giving the amount to
individuals who made contributions as a refund of all or part of their
contribution; (3) Giving the amount to
a corporation that is exempt from federal income taxation under subsection
501(a) and described in subsection 501(c) of the Internal Revenue Code. A
candidate's individual campaign committee shall not contribute or transfer
any contributions into any multi-beneficiary campaign committee by or for the
benefit of that candidate. (J) When terminating a multi-beneficiary
campaign committee in accordance with division (B)(3)(a) of section 3517.081 of
the Revised Code, the campaign committee shall dispose of any remaining
contributions only by doing any of the following: (1) Giving the amount to
the Ohio elections commission fund; (2) Giving the amount to
individuals who made contributions as a refund of all or part of their
contribution; (3) Giving the amount to
a corporation that is exempt from federal income taxation under subsection
501(a) and described in subsection 501(c) of the Internal Revenue
Code. No contributions from the multi-beneficiary
campaign committee shall be contributed or transferred into any
candidate's individual campaign committee. This prohibition on a
multi-beneficiary campaign committee contributing or transferring contributions
into any candidate's individual campaign committee, as prescribed in
division (B)(3)(b) of section 3517.081 of the Revised Code, applies only when
the multi-beneficiary campaign committee is in the process of terminating in
accordance with division (B)(3)(a) of section 3517.081 of the Revised Code and
paragraph (J) of this rule. (K) Pursuant to section 3517.081 of the
Revised Code, each candidate shall have no more than one campaign committee. As
prescribed by divisions (B)(3) and (B)(4) of section 3517.081 of the Revised
Code and paragraphs (I) and (J) of this rule, no candidate may have, in
concurrent operation, campaign committees for which the candidate is both the
sole beneficiary in the case of an individual campaign committee and a
beneficiary of a multi-beneficiary campaign committee. (L) Contributions received or made by
electronic means through an online payment processing application must provide
for complete reporting of all disclosure requirements, including: (1) Full name of
contributor; and (2) Complete street
address of contributor; and (3) Date of contribution;
and (4) Full amount of
contribution as authorized by contributor; and (5) Contributor employer
(or, if self-employed, occupation, and business name), if
applicable. (M) When a contribution is received or
made through an online payment processing portal, the recipient must disclose
the full amount of the payment as a contribution. (N) Any fee associated with the
processing of the contribution must be disclosed as an offsetting expenditure.
The fees assessed on multiple contributions made through an online payment
processing portal during any reporting period may be aggregated for the purpose
of disclosing as a single expenditure transaction. A committee that aggregates
payment processing fees must attach a copy of the statement or accounting
verifying the individual expenditures to the respective campaign finance
statements.
Last updated October 5, 2021 at 8:50 AM
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Rule 111:2-4-14 | Uniform reporting of contributions.
Effective:
January 25, 2016
If an itemized contribution is made by more than
one person in a single instrument, the treasurer of an entity that is required
to file statements under section 3517.10 of the Revised Code shall report the
amount to be attributed to each contributor as specified in the written
instrument. Absent evidence to the contrary, any contribution
made from a joint checking account or by other written instrument shall be
reported as a contribution by the person signing or endorsing the joint check
or other written instrument. If a contribution is made from a partnership or
unincorporated business account, the treasurer shall report the amount to be
attributed to each partner or owner as specified by an authorized partner or
owner of the partnership or unincorporated business. If no specified
attribution is made, the treasurer shall attribute the contribution equally
among all partners of the partnership or owners of the unincorporated
business. If a contribution is made from an inter vivos or
testamentary trust or a decedent's estate, the treasurer shall report the
amount to be attributed to each beneficiary of the trust or estate who is
making the contribution, as specified by the beneficiary. If no specific
attribution is made, the treasurer shall attribute the contribution equally
among all beneficiaries of the trust or estate. If a contribution is refunded to the contributor,
the treasurer of the reporting entity making the refund shall report the refund
on the statement covering the reporting period in which the refund is
made. If a contributor's name is known to have
changed since an earlier contribution reported, the exact name or address
previously used shall be noted with the first reported contribution from the
contributor subsequent to the name change.
Last updated October 26, 2023 at 11:10 AM
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Rule 111:2-4-15 | Allocation of expenses between candidates.
Effective:
January 25, 2016
Expenditures including in-kind contributions and
independent expenditures made on behalf of more than one clearly identified
candidate shall be attributed to each such candidate according to the benefit
reasonably expected to be derived. For example, in the case of a publication or
broadcast communication, the attribution shall be determined by the proportion
of space or time devoted to each candidate as compared to the total space or
time devoted to all candidates. An expenditure made by a candidate or the
candidate's campaign committee with the consent of, in coordination,
cooperation, or consultation with, or at the request or suggestion of another
candidate or campaign committee shall be reported as an in-kind contribution to
the candidate or campaign committee on whose behalf the expenditure was made,
except that expenditures made by party committees or legislative campaign funds
need only be reported as an expenditure. Expenditures for rent, personnel, overhead, general
administrative, fund-raising, and other day-to-day costs of political parties
or legislative campaign funds need not be attributed to individual candidates,
unless these expenditures are made on behalf of a clearly identified candidate
and the expenditure can be directly attributed to that candidate. Expenditures for educational campaign seminars, for
training of campaign workers, and for registration or get-out-the-vote drives
of political parties or legislative campaign funds need not be attributed to
individual candidates unless these expenditures are made on behalf of a clearly
identified candidate, and the expenditure can be directly attributed to that
candidate.
Last updated October 26, 2023 at 11:10 AM
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Rule 111:2-4-16 | Other income.
Effective:
January 25, 2016
(A) For purposes of preparing a campaign finance statement
required by section 3517.10 of the Revised Code, items of other income such as
investment income, interest income, refunds received by the reporting entity,
uncashed checks, or the reporting entity's own insufficient funds checks
that are returned to the reporting entity shall be reported on a form separate
from an account of contributions and expenditures. Such items of other income
are presumed, unless shown otherwise, not to count toward the contribution
limits set forth in section 3517.10 2 of the Revised Code. (B) When an expenditure made
by a candidate's campaign committee, political action committee, political
contributing entity, political party, or other political entity, for the
purpose of refunding the excess portion of a contribution or to refund an
otherwise prohibited contribution, is not cashed or negotiated by the payee,
the entity may void that expenditure, report it as an uncashed check
transaction on the statement of other income and reissue the refund
expenditure. If the second refund expenditure is likewise not cashed or
negotiated by the payee the reporting entity shall void that expenditure,
report it as an uncashed check transaction on the statement of other income and
issue an expenditure in the same amount to a qualified charitable organization
as defined in division (G) of section 3517.08 of the Revised Code.
Last updated October 26, 2023 at 11:10 AM
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Rule 111:2-4-17 | Joint fund-raising.
Effective:
October 5, 2021
Any campaign committee or other reporting entity
that engages in a joint fund-raising activity shall do the following: (A) Require each contributor who desires
to make a contribution to more than one participant to write a separate check
or make a separate contribution to each participant in the joint fund-raiser
subject to the contribution limits in section 3517.102 of the Revised
Code; (B) Report all contributions received in
its name or for its benefit on Form 31-E; (C) Return any check or contribution made
payable to more than one participant. Expenses for a joint fund-raising activity shall
be equally divided among all participants in the activity and reported
accordingly, unless agreed otherwise by the participants.
Last updated October 5, 2021 at 8:51 AM
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Rule 111:2-4-18 | Political communications.
Effective:
October 5, 2021
(A) The following articles are exempted
from the disclaimer or identification requirements of section 3517.20 of the
Revised Code: (1) Badges or buttons
that have a pin or clasp backing for attaching to clothing; (2) Balloons; (3) Cups and
mugs; (4) Combs; (5) Emery
boards; (6) Key tags, key rings,
or key fobs; (7) Lapel pins, charms,
tie tacks, rings, and other items of jewelry; (8) Letter
openers; (9) Pencils; (10) Pens; (11) Standard measuring
rulers not more than twelve inches long; (12) Sponges; (13) Golf balls and golf
tees; (14) Insulated beverage
sleeves; (15) Tee shirts, caps, hats, facial
coverings, and other articles of clothing; (16) Individually wrapped
candy; (17) Magnets measuring two and one-half
inches by three inches or less, or seven and one-half square inches or less, or
three inches in diameter or less; (18) Stickers, labels, decals, or any
other printed material with an adhesive back measuring two and one-half inches
by three inches or less, or seven and one-half square inches or less, or three
inches in diameter or less. (19) Plastic discs, designed to be sailed
with a flip of the wrist for recreation or competition; (20) Plastic bags; (21) Plastic or wooden sticks manufactured
for the purpose of stirring paint; (22) Flyswatters; (23) Chip clips; (24) Banners that are towed by an aircraft
in flight (25) Status updates or messages posted on
a social media website where a home page for the committee exists that properly
identifies the committee. (B) Specific exemptions for articles not
listed above may be obtained by sending a written request via electronic mail
or to the "Office of the Secretary of State, Campaign Finance Division, 22
North Fourth Street, 15th floor, Columbus, Ohio 43215-3668." A request for
a specific exemption must contain a complete description of the article to be
exempted, including a photocopy or other reproduction of the article and the
exact dimensions of the article, a brief statement explaining why the exemption
should be granted, and the address and telephone number of the person making
the request. (C) Specific exemptions may be granted to
articles similar to those listed in paragraph (A) of this rule, the size or
nature of which makes it unreasonable to add a disclaimer. (D) Specific exemptions will not be
granted to printed political communications such as placards, posters, signs,
newspaper and magazine advertisements, match books, billboards, flyers,
handbills, or business cards or any other printed material measuring more than
two and one-half by three inches, or more than seven and one-half square
inches, or more than three inches in diameter. (E) When a campaign committee makes a
political communication, as defined in section 3517.20 of the Revised Code,
using items that are, and will be reported as, in-kind contributions received
from an individual or other entity, the use of the recipient candidate's
campaign committee full disclaimer will fully satisfy the disclaimer
requirement of section 3517.20 of the Revised Code.
Last updated October 5, 2021 at 8:51 AM
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Rule 111:2-4-19 | Amendments.
Effective:
October 5, 2021
(A) The secretary of state or the board
of elections shall examine all statements required to be filed under sections
3517.081 to 3517.17 of the Revised Code for compliance with sections 3517.08 to
3517.17 of the Revised Code. If during the examination conducted under division
(B)(4) of section 3517.11 of the Revised Code, the statement is found to be
incomplete or inaccurate, a notice shall be sent by certified mail to the
committee or entity that filed the statement detailing the items that are
incomplete or inaccurate. Except as otherwise provided in this rule, the
recipient shall file, within twenty-one days after the receipt of the notice,
an addendum, amendment or other correction to the statement providing the
information necessary to complete or correct the statement. The addendum,
amendment, or other correction shall be submitted to the officer with whom the
original statement was filed. (B) A committee or other entity that
receives a notice as described in paragraph (A) of this rule from the secretary
of state or a county board of elections may request additional time to respond
to the notice. Any request for additional time must be made within twenty-one
days after the receipt of the notice. (C) The secretary of state or a county
board of elections may extend the response deadline, for a reasonable period of
time as determined by its discretion, for a committee or other entity who
receives a notice as described in paragraph (A) of this rule, provided the
committee or other entity makes a timely request for additional time pursuant
to paragraph (B) of this rule. The secretary of state or board of elections may
extend the response deadline when the request is made after twenty-one days
upon a showing in writing of reasonable exigency by the committee or other
entity.
Last updated October 5, 2021 at 8:51 AM
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Rule 111:2-4-20 | Reporting contributions for partnerships.
Effective:
October 5, 2021
(A) As required by division (I) of
section 3517.10 of the Revised Code, except as otherwise provided by paragraph
(F) of this rule, the recipient of a contribution from a partnership or other
unincorporated business must itemize the contribution by listing both the
partnership or other unincorporated business and the name of each partner,
owner, or member for whom the partnership or other unincorporated business
issued the contribution. No contribution may be made solely in the name of the
partnership or other unincorporated business. (B) Simultaneous with the issuance of a
check or other instrument which represents one or more individual
contributions, a partnership or other unincorporated business must provide one
of the following: (1) The name of each
partner, owner, or member as of the date of the contribution or contributions,
and a statement that the total contributions are to be allocated equally among
all of the partners, owners, or members; or (2) The name of each
partner, owner, or member as of the date of the contribution or contributions
who is participating in the contribution or contributions, and a statement that
the contribution or contributions are to be allocated to those individuals in
accordance with the information provided by the partnership or other
unincorporated business to the recipient of the contribution. (C) When a contribution is received from
a partnership or other unincorporated business, the recipient of the
contribution must itemize the contribution as directed by the partnership or
other unincorporated business pursuant to paragraph (B)(1) or (B)(2) of this
rule. No contribution from a partnership or other unincorporated business may
be accepted, deposited, or used unless the recipient has the allocation
information necessary to itemize the contribution by the partner, owner, or
member as provided by paragraph (B)(1) or (B)(2) of this rule. (D) To comply with division (I) of
section 3517.10 of the Revised Code and this rule, the recipient of a
contribution from a partnership or other unincorporated business must
separately list the name, address, date, and amount of each allocated
contribution as provided by the partnership or other unincorporated business at
the time of the contribution. For each entry, whether on paper forms or by
electronic means of transmission as prescribed by the secretary of state, the
recipient shall utilize the employer/occupation field to disclose the name of
the issuing partnership or other unincorporated business. (E) For purposes of contribution
limitations prescribed by section 3517.102 of the Revised Code, a contribution
by a partnership or other unincorporated business shall be considered to have
been made by the partner(s), owner(s), or member(s) as allocated and itemized
pursuant to paragraphs (B)(1) and (B)(2) of this rule and division (I)(2) of
section 3517.10 of the Revised Code. The allocated portion of any partnership
or other unincorporated business contribution counts toward the limitations
prescribed by section 3517.102 of the Revised Code as applied to individuals,
political action committees, political contributing entities, political
parties, campaign committees, and legislative campaign funds. Both the maker
and recipient of an allocated partnership or other unincorporated business
contribution must ensure that each allocated contribution, when added to any
other contribution from the allocated source, does not violate the contribution
limitations, as prescribed by section 3517.102 of the Revised Code, of the
allocated contributor. (F) The supreme court of Ohio has adopted
the Ohio Code of Judicial Conduct which imposes limitations on campaign
committees for candidates seeking judicial office. (1) These rules identify
three types of contributors to judicial campaign committees: (a) Individual (b) Organization (c) Political party (2) The supreme court of
Ohio has defined an "organization" to include a "partnership,
limited liability company, association, professional association, ... law
firm..." (3) A contribution
received by a campaign committee of candidate seeking judicial office from and
organization as defined by the Ohio Code of Judicial Conduct is not required to
be attributed or allocated to any particular individual, owner, or partner.
Rather, such a contribution may be disclosed, in its entirety, as being
received from the organization.
Last updated October 5, 2021 at 8:51 AM
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