HB 747

As Introduced
136th General Assembly
   Regular Session  H. B. No. 747
       2025-2026
  Representative Stephens
  To amend sections 9.97, 101.70, 107.43, 113.40,  1
  117.15, 121.03, 141.01, 141.011, 3505.03,  2
  3505.33, 3505.35, 3513.052, 3513.10, 3517.092,  3
  3517.10, 3517.102, 3517.103, 3517.104, 3517.106,  4
  3517.108, 3517.109, 4503.033, and 5703.01 of the  5
  Revised Code to make the Tax Commissioner a  6
  statewide elected office.  7
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 9.97, 101.70, 107.43, 113.40,  8
117.15, 121.03, 141.01, 141.011, 3505.03, 3505.33, 3505.35,  9
3513.052, 3513.10, 3517.092, 3517.10, 3517.102, 3517.103,  10
3517.104, 3517.106, 3517.108, 3517.109, 4503.033, and 5703.01 of  11
the Revised Code be amended to read as follows:  12
     Sec. 9.97. (A) Any one of the governor, the lieutenant  13
governor, the attorney general, the secretary of state, the  14
treasurer of state, or the auditor of state, or the tax  15
commissioner shall act as the applicable elected representative  16
of the state for purposes of any federal law or United States  17
treasury regulation that requires that bonds, notes, or other  18
obligations of the state or any of its officers, boards,  19
authorities, commissions, agencies, bodies, or other entities be  20
approved by an applicable elected representative of the state or  21
H. B. No. 747  Page 2
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that other conditions be met in order for the interest income on  22
such obligations to be exempt from federal income tax.  23
       (B) Any municipal corporation, township, or county which,  24
pursuant to state law, created or participated in the creation  25
of any board, authority, commission, district, agency, body,  26
corporation, or other entity which is authorized to issue bonds,  27
notes, or other obligations is hereby expressly authorized to  28
act for such issuer as the governmental unit on behalf of which  29
such issuer issues bonds, notes, or other obligations or as the  30
next higher governmental unit from which the authority of that  31
issuer is derived for purposes of any federal law or United  32
States treasury regulation which requires that bonds, notes, or  33
other obligations of such issuer be approved by the applicable  34
elected representative of such governmental unit or that other  35
conditions be met in order for the interest income on such  36
obligations to be exempt from federal income tax. In the event  37
more than one municipal corporation, township, or county  38
participated in the creation of any such issuer, any one such  39
municipal corporation, township, or county, upon request of the  40
issuer for such approval, shall be deemed to be the governmental  41
unit on behalf of which such issuer acts or the next higher  42
governmental unit for purposes of the preceding sentence in this  43
division. For purposes of this division, "applicable elected  44
representatives" means, in the case of a municipal corporation  45
and in the case of a county which has a single chief elected  46
executive officer, its chief elected executive officer or any  47
one or more other elected official of the municipal corporation  48
or such county designated by such officer to act, as an  49
alternative to action by himsuch officer, for the purposes set  50
forth in this division. In the case of a township or county  51
which has no single chief elected executive officer, the  52
H. B. No. 747  Page 3
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applicable elected representatives means, in the case of a  53
township, its board of township trustees and, in the case of a  54
county, its board of county commissioners, both of which act as  55
the respective governmental unit's chief elected executive  56
officer, or any one or more other elected official of each such  57
governmental unit designated by the respective board to act, as  58
an alternative to action by it, for the purposes set forth in  59
this division.  60
       (C) Approvals under this section shall be based solely  61
upon findings of fact made by the issuer, shall be solely for  62
the purposes of satisfying requirements of the federal law and  63
United States treasury regulations, shall be final and  64
conclusive for such purpose, and shall not constitute an  65
exercise of functions conferred by law upon the issuer, which  66
functions shall remain in the issuer.  67
       (D) The authority granted by this section is in addition  68
to and not a limitation upon other authorization granted by or  69
pursuant to law or the constitution, and does not preclude any  70
other actions by the designated or other bodies or officials  71
which would satisfy the requirements of the federal law or  72
United States treasury regulations, which actions are hereby  73
authorized.  74
       Sec. 101.70. As used in sections 101.70 to 101.79 and  75
101.99 of the Revised Code:  76
       (A) "Person" means any individual, partnership, trust,  77
estate, business trust, association, or corporation; any labor  78
organization or manufacturer association; any department,  79
commission, board, publicly supported college or university,  80
division, institution, bureau, or other instrumentality of the  81
state; or any county, township, municipal corporation, school  82
H. B. No. 747  Page 4
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district, or other political subdivision of the state. "Person"  83
includes the Ohio casino control commission, a member of the  84
commission, the executive director of the commission, an  85
employee of the commission, and an agent of the commission.  86
       (B) "Legislation" means bills, resolutions, amendments,  87
nominations, and any other matter pending before the general  88
assembly, any matter pending before the controlling board, or  89
the executive approval or veto of any bill acted upon by the  90
general assembly.  91
       (C) "Compensation" means a salary, gift, payment, benefit,  92
subscription, loan, advance, reimbursement, or deposit of money  93
or anything of value; or a contract, promise, or agreement,  94
whether or not legally enforceable, to make compensation.  95
       (D) "Expenditure" means any of the following that is made  96
to, at the request of, for the benefit of, or on behalf of any  97
member of the general assembly, any member of the controlling  98
board, the governor, the director of a department created under  99
section 121.02 of the Revised Code, or any member of the staff  100
of any public officer or employee listed in this division:  101
       (1) A payment, distribution, loan, advance, deposit,  102
reimbursement, or gift of money, real estate, or anything of  103
value, including, but not limited to, food and beverages,  104
entertainment, lodging, or transportation;  105
       (2) A contract, promise, or agreement to make an  106
expenditure, whether or not legally enforceable;  107
       (3) The purchase, sale, or gift of services or any other  108
thing of value.  109
"Expenditure" does not include a contribution, gift, or grant to  110
a foundation or other charitable organization that is exempt  111
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from federal income taxation under subsection 501(c)(3) of the  112
Internal Revenue Code. "Expenditure" does not include the  113
purchase, sale, or gift of services or any other thing of value  114
that is available to the general public on the same terms as it  115
is available to the persons listed in this division, or an offer  116
or sale of securities to any person listed in this division that  117
is governed by regulation D, 17 C.F.R. 230.501 to 230.508,  118
adopted under the authority of the "Securities Act of 1933," 48  119
Stat. 74, 15 U.S.C.A. and following, or that is governed by a  120
comparable provision under state law.  121
       (E) "Actively advocate" means to promote, advocate, or  122
oppose the passage, modification, defeat, or executive approval  123
or veto of any legislation by direct communication with any  124
member of the general assembly, any member of the controlling  125
board, the governor, the director of any department listed in  126
section 121.02 of the Revised Code, or any member of the staff  127
of any public officer or employee listed in this division.  128
"Actively advocate" does not include the action of any person  129
not engaged by an employer who has a direct interest in  130
legislation if the person, acting under Section 3 of Article I,  131
Ohio Constitution, assembles together with other persons to  132
consult for their common good, instructs a public officer or  133
employee who is listed in this division, or petitions that  134
public officer or employee for the redress of grievances.  135
       (F) "Legislative agent" means any individual, except a  136
member of the general assembly, a member of the staff of the  137
general assembly, the governor, lieutenant governor, attorney  138
general, secretary of state, treasurer of state, or auditor of  139
state, or tax commissioner, who is engaged during at least a  140
portion of the individual's time to actively advocate as one of  141
the individual's main purposes. An individual engaged by the  142
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Ohio casino control commission, a member of the commission, the  143
executive director of the commission, or an employee or agent of  144
the commission to actively advocate is a "legislative agent"  145
even if the individual does not during at least a portion of the  146
individual's time actively advocate as one of the individual's  147
main purposes.  148
       (G) "Employer" means any person who, directly or  149
indirectly, engages a legislative agent.  150
       (H) "Engage" means to make any arrangement, and  151
"engagement" means any arrangement, whereby an individual is  152
employed or retained for compensation to act for or on behalf of  153
an employer to actively advocate.  154
       (I) "Financial transaction" means a transaction or  155
activity that is conducted or undertaken for profit and arises  156
from the joint ownership or the ownership or part ownership in  157
common of any real or personal property or any commercial or  158
business enterprise of whatever form or nature between the  159
following:  160
       (1) A legislative agent, an employer of a legislative  161
agent, or a member of the immediate family of the legislative  162
agent or a legislative agent's employer; and  163
       (2) Any member of the general assembly, any member of the  164
controlling board, the governor, the director of a department  165
created under section 121.02 of the Revised Code, or any member  166
of the staff of a public officer or employee listed in division  167
(I)(2) of this section.  168
       "Financial transaction" does not include any transaction  169
or activity described in division (I) of this section if it is  170
available to the general public on the same terms, or if it is  171
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an offer or sale of securities to any person listed in division  172
(I)(2) of this section that is governed by regulation D, 17  173
C.F.R. 230.501 to 230.508, adopted under the authority of the  174
"Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and  175
following, or that is governed by a comparable provision under  176
state law.  177
       (J) "Staff" means any state employee whose official duties  178
are to formulate policy and who exercises administrative or  179
supervisory authority or who authorizes the expenditure of state  180
funds.  181
       Sec. 107.43. (A) As used in this section:  182
       "Administrative department" means a department listed  183
under section 121.02 of the Revised Code.  184
       "Administrative department head" means a department head  185
listed under section 121.03 of the Revised Code.  186
       "Internal management rule" means any rule, regulation, or  187
standard governing the day-to-day staff procedures and staff  188
operations within an administrative department or state agency,  189
or within the office of an administrative department head or  190
statewide elected officer.  191
       "Rule" means, unless the context dictates otherwise, any  192
rule, regulation, or standard adopted, promulgated, and enforced  193
by a statewide elected officer, administrative department,  194
administrative department head, or state agency under the  195
authority of the laws governing such officer, department,  196
department head, or state agency. "Rule" does not include an  197
internal management rule.  198
       "State agency" means any organized body, office, agency,  199
commission, board, institution, or other entity established by  200
H. B. No. 747  Page 8
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the laws of the state for the exercise of any function of state  201
government. "State agency" does not include a court.  202
       "State of emergency" has the meaning defined in section  203
107.42 of the Revised Code.  204
       "Statewide elected officer" means the governor, lieutenant  205
governor, secretary of state, auditor of state, attorney  206
general, and treasurer of state, and tax commissioner.  207
       (B) Beginning the day the governor declares a state of  208
emergency, the governor and the department of health promptly  209
shall report to the president of the senate and the speaker of  210
the house of representatives every action the governor or  211
department takes in response to the state of emergency,  212
including actions by the department or director of health under  213
sections 3701.13 and 3701.14 of the Revised Code.  214
       (C)(1) If the governor declares a state of emergency, the  215
general assembly may do any of the following by adopting a  216
concurrent resolution:  217
       (a) Rescind, in whole or in part, any order or rule issued  218
or adopted by an administrative department, administrative  219
department head, state agency, or statewide elected officer in  220
response to a state of emergency, including an order to  221
authorize an agency to adopt, amend, or rescind rules under  222
division (G) of section 119.03 of the Revised Code. This  223
division does not apply to an order issued to declare a state of  224
emergency.  225
       (b) Invalidate, in whole or in part, an emergency rule  226
adopted or amended by an agency in response to the state of  227
emergency and pursuant to an emergency order the governor issues  228
under division (G)(1) of section 119.03 of the Revised Code;  229
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        (c) Authorize a rule rescinded by an agency under division  230
(G)(1) of section 119.03 of the Revised Code in response to the  231
state of emergency to be readopted, in whole or in part;  232
        (d) Invalidate, in whole or in part, an emergency rule  233
adopted by an agency in response to the state of emergency  234
pursuant to division (B)(2) of section 111.15 of the Revised  235
Code.  236
        (2) If the general assembly rescinds an order or rule, or  237
a portion thereof, the administrative department, administrative  238
department head, state agency, or statewide elected officer  239
shall not reissue that order or rule, the rescinded portion, a  240
substantially similar order, rule, or portion, or any  241
restriction contained in the rescinded order or rule or  242
rescinded portion, for a period of sixty calendar days following  243
the adoption of the concurrent resolution by the general  244
assembly, except as provided in division (C)(3) of this section.  245
        (3)(a) Within sixty calendar days of the general assembly  246
rescinding an order or rule under division (C)(1) of this  247
section, the governor, on behalf of an administrative  248
department, an administrative department head, or a state  249
agency, may submit a request to the general assembly to  250
authorize an administrative department, an administrative  251
department head, or a state agency to reissue a rescinded order  252
or rule, rescinded portion thereof, a substantially similar  253
order, rule, or portion, or any restriction contained in the  254
rescinded order or rule or rescinded portion issued or adopted  255
by an administrative department, administrative department head,  256
or state agency. Upon review, the general assembly may adopt a  257
concurrent resolution authorizing the request, in whole or in  258
part.  259
H. B. No. 747  Page 10
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        (b) Within sixty calendar days of the general assembly  260
rescinding an order or rule under division (C)(1) of this  261
section, a statewide elected officer may submit a request to the  262
general assembly to reissue a rescinded order or rule, rescinded  263
portion thereof, a substantially similar order, rule, or  264
portion, or any restriction contained in the rescinded order or  265
rule or rescinded portion issued or adopted by the statewide  266
elected officer. Upon review, the general assembly may adopt a  267
concurrent resolution authorizing the request, in whole or in  268
part.  269
        (D)(1) Notwithstanding any other provision of the Revised  270
Code, a person who challenges an order or rule adopted by an  271
administrative department, administrative department head, state  272
agency, or statewide elected officer that is issued or adopted  273
in response to a state of emergency, in a civil action for  274
damages, declaratory judgment, injunctive relief, or other  275
appropriate relief may do so in whichever of the following  276
courts is applicable regarding the action:  277
        (a) If the civil action is for damages, the action may be  278
brought only in the court of claims.  279
        (b) If the civil action is for declaratory judgment,  280
injunctive relief, or other appropriate relief other than  281
damages, the action may be brought in an appropriate court  282
located in the county where the person's residence or business  283
is located or in the court of claims.  284
        (c) If the civil action is for damages and also is for  285
declaratory judgment, injunctive relief, or other appropriate  286
relief, the action may be brought only in the court of claims.  287
        (2) If a person successfully challenges an order or rule  288
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adopted by an administrative department, administrative  289
department head, state agency, or statewide elected officer that  290
is issued or adopted in response to a state of emergency, the  291
administrative department, administrative department head, state  292
agency, or statewide elected officer shall pay the person's  293
reasonable attorney's fees and court costs.  294
       (E) An order or rule issued or adopted in violation of  295
this section is invalid and has no legal effect.  296
       Sec. 113.40. (A) As used in this section:  297
       (1) "Administrative agent of the board of deposit" means  298
the treasurer of state.  299
       (2) "Financial transaction device" includes a credit card,  300
debit card, banking card, prepaid or stored value card, or any  301
other device or method for making an electronic payment or  302
transfer of funds denominated in United States dollars.  303
       (3) "Processor" means an entity conducting the settlement  304
of an electronic payment or transfer of funds, which shall be  305
denominated in United States dollars.  306
       (4) "Revenue" includes fees, charges, tolls, costs, taxes,  307
expenses, assessments, fines, penalties, payments, judgments,  308
restitution ordered by a court, or any other amount a person  309
owes to a state office under the authority of a state elected  310
official or to a state entity.  311
       (5) "State elected official" means the governor,  312
lieutenant governor, attorney general, secretary of state,  313
treasurer of state, and auditor of state, and tax commissioner.  314
       (6) "State entity" includes any state department, agency,  315
board, commission, or office under the authority of a state  316
H. B. No. 747  Page 12
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elected official that deposits funds into the state treasury or  317
into an account in the custody of the treasurer of state.  318
       (B) Notwithstanding any other section of the Revised Code  319
and subject to division (D) of this section, the board of  320
deposit shall adopt a resolution authorizing the collection,  321
receipt, and acceptance by the state of revenue, gifts,  322
donations, or bequests made by a financial transaction device.  323
       The board of deposit's resolution also shall direct the  324
administrative agent of the board of deposit to solicit  325
proposals, within guidelines established by the board of deposit  326
in the resolution and in compliance with the procedures provided  327
in division (C) of this section; and to assist state entities  328
and state elected officials in implementing any financial  329
transaction device collection, acceptance, processing, receipt,  330
and settlement program authorized pursuant to this section. The  331
board of deposit's resolution applies to financial transaction  332
device services related to any and all bank accounts comprising  333
the state treasury as well as those in the custody of the  334
treasurer of state but not part of the state treasury.  335
       (C) The administrative agent shall follow the procedures  336
provided in this division whenever it plans to contract with one  337
or more processors for the purposes of this section. The  338
administrative agent shall request proposals for acceptance,  339
processing, and settlement services, as appropriate in  340
accordance with the resolution adopted under division (B) of  341
this section. Prior to making the request for proposals  342
available, the administrative agent shall advertise its intent  343
to request proposals for two consecutive weeks by electronic  344
publication on the administrative agent's web site made  345
available to the general public. The notice shall state that the  346
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administrative agent intends to request proposals; specify the  347
purpose of the request; indicate the date, which shall be at  348
least fifteen calendar days after the initial publication, on  349
which the request for proposals will be available and shall  350
detail the service or services subject to the request for  351
proposals.  352
       Upon receiving the proposals, the administrative agent  353
shall review them and make a recommendation to the board of  354
deposit regarding which proposal or proposals to accept. The  355
board of deposit shall consider the agent's recommendation and  356
then may choose to authorize the administrative agent, on the  357
board's behalf, to contract with one or more of the processors  358
submitting proposals, as appropriate. The administrative agent  359
may enter into one or more contracts for the provision of  360
payment, collection, acceptance, processing, receipt, and  361
settlement services to the state entities and state elected  362
officials. Through its administrative agent, the board of  363
deposit shall provide any processor that submitted a proposal,  364
but with which the board of deposit's administrative agent does  365
not enter into a contract, notice that its proposal is rejected.  366
       (D) Each state elected official or state entity subject to  367
this section shall use only the processors of financial  368
transaction devices with which the board of deposit's  369
administrative agent contracts, and each such state elected  370
official or state entity is subject to the terms of those  371
contracts.  372
       (E) The state elected official or state entity may  373
establish a surcharge or convenience fee that may be imposed  374
upon a person making payment by a financial transaction device.  375
       Any surcharge or convenience fee shall follow the  376
H. B. No. 747  Page 14
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guidelines of the processor or processors of financial  377
transaction devices with which the board of of deposit's  378
administrative agent contracts.  379
       If a surcharge or convenience fee is imposed, every state  380
elected official and state entity accepting payment by a  381
financial transaction device shall notify each person making a  382
payment by such a device about the surcharge or fee. Notice to  383
each person making a payment shall be provided regardless of the  384
medium used to make the payment and in a manner appropriate to  385
that medium. Each notice shall include both of the following:  386
       (1) A statement that there is a surcharge or convenience  387
fee for using a financial transaction device;  388
       (2) The total amount of the charge or fee expressed in  389
dollars and cents for each transaction, or the rate of the  390
charge or fee expressed as a percentage of the total amount of  391
the transaction, whichever is applicable.  392
       (F) If a person remits revenue to the state by a financial  393
transaction device and the payment of the revenue is reversed  394
for any reason, or if the value of the remitted payment in  395
United States dollars at the time of receipt by the state  396
elected official or state entity is less than the amount owed,  397
the person is liable to the state elected official or state  398
entity for the total amount of the state revenue and any  399
reimbursable costs for collection, including banking charges,  400
legal fees, or other expenses incurred by the state elected  401
official or state entity in collecting the reversed payment. The  402
remedies and procedures provided in this section are in addition  403
to any other available civil or criminal remedies provided by  404
law.  405
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       (G) No person remitting any revenue by a financial  406
transaction device to a state elected official or state entity  407
shall be relieved from liability for the underlying obligation,  408
except to the extent that the state elected official or state  409
entity realizes the revenue to the state elected official or  410
state entity in cash or its equivalent. If revenue is not  411
remitted by the financial transaction device issuer, or by other  412
means of payment, or by other guarantor of payment in the  413
transaction, the underlying obligation survives and the state  414
elected official or state entity shall retain all remedies for  415
enforcement that would have applied if the transaction had not  416
occurred.  417
       (H) A state elected official or employee of a state entity  418
or state elected official who accepts a financial transaction  419
device payment in accordance with this section and any  420
applicable state or local statutes, laws, policies, or rules is  421
immune from personal liability for the final collection of such  422
payments as specified in section 9.87 of the Revised Code.  423
       (I) If the board of deposit determines that it is  424
necessary and in the state's best interest to contract with an  425
additional processor subsequent to the contract award made under  426
division (C) of this section, the board may meet and choose to  427
contract with one or more additional processors for the  428
remainder of the period previously established by a contract  429
award made under division (C) of this section.  430
       (J) The administrative agent, in cooperation with the  431
office of budget and management, may adopt, amend, and rescind  432
rules in accordance with section 111.15 of the Revised Code to  433
implement and administer this section.  434
       (K) The treasurer of state shall have the authority to  435
H. B. No. 747  Page 16
As Introduced
enter into such contracts necessary to fulfill its obligations  436
as administrative agent for the board of deposit.  437
       Sec. 117.15. Once each year, or more often in histhe  438
auditor of state's discretion, the auditor of state shall  439
without previous notice audit the accounts and transactions of  440
the office of the treasurer of state, ascertain the condition of  441
the state treasury and the custodial funds of the treasurer of  442
state, and make an inventory of the assets of the state treasury  443
and the custodial funds of the treasurer of state. HeThe auditor  444
of state shall sign histhe report completed under this section  445
and submit one copy each to the treasurer of state, governor,  446
attorney general, and secretary of state, and tax commissioner.  447
An Such an audit report completed pursuant to this section is  448
not a public record under section 149.43 of the Revised Code  449
until it is submitted to the officers enumerated in this  450
section.  451
       Sec. 121.03. The following administrative department heads  452
shall be appointed by the governor, with the advice and consent  453
of the senate, and shall hold their offices during the term of  454
the appointing governor, and are subject to removal at the  455
pleasure of the governor.  456
       (A) The director of budget and management;  457
       (B) The director of commerce;  458
       (C) The director of transportation;  459
       (D) The director of agriculture;  460
       (E) The director of job and family services;  461
       (F) The director of children and youth;  462
       (G) The director of public safety;  463
H. B. No. 747  Page 17
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        (H) The superintendent of insurance;  464
        (I) The director of development;  465
        (J) The tax commissioner;  466
        (K) The director of administrative services;  467
        (L)(K) The director of natural resources;  468
        (M)(L) The director of behavioral health;  469
        (N)(M) The director of developmental disabilities;  470
        (O)(N) The director of health;  471
        (P)(O) The director of youth services;  472
        (Q)(P) The director of rehabilitation and correction;  473
        (R)(Q) The director of environmental protection;  474
        (S)(R) The director of aging;  475
        (T)(S) The administrator of workers' compensation who  476
meets the qualifications required under division (A) of section  477
4121.121 of the Revised Code;  478
        (U)(T) The director of veterans services who meets the  479
qualifications required under section 5902.01 of the Revised  480
Code;  481
        (V)(U) The chancellor of higher education;  482
        (W)(V) The medicaid director;  483
        (X)(W) The director of education and workforce.  484
        Sec. 141.01. Except as provided in section 141.011 of the  485
Revised Code, the annual salaries of the elective executive  486
officers of the state are as follows:  487
H. B. No. 747  Page 18
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       (A) Governor, one hundred fifty-four thousand two hundred  488
forty-eight dollars;  489
       (B) Lieutenant governor, one hundred thirteen thousand  490
nine hundred forty-seven dollars;  491
       (C) Secretary of state, one hundred thirteen thousand nine  492
hundred forty-seven dollars;  493
       (D) Auditor of state, one hundred thirteen thousand nine  494
hundred forty-seven dollars;  495
       (E) Treasurer of state, one hundred thirteen thousand nine  496
hundred forty-seven dollars;  497
       (F) Attorney general, one hundred thirteen thousand nine  498
hundred forty-seven dollars;  499
       (G) Tax commissioner, one hundred thirteen thousand nine  500
hundred forty-seven dollars, beginning in the year 2031.  501
       These salaries shall be paid according to the schedule  502
established in division (B) of section 124.15 of the Revised  503
Code. Upon the death of an elected executive officer of the  504
state listed in divisions (A) to (F) (G) of this section during  505
the officer's term of office, an amount shall be paid in  506
accordance with section 2113.04 of the Revised Code, or to the  507
officer's estate. The amount shall equal the amount of the  508
salary that the officer would have received during the remainder  509
of the officer's unexpired term or an amount equal to the salary  510
of the office held for two years, whichever is less.  511
       Unless a higher salary is explicitly established by  512
statute, no officer or employee elected or appointed, and no  513
officer or employee of any state agency or state-assisted  514
institution except a state institution of higher education or  515
H. B. No. 747  Page 19
As Introduced
the Ohio board of regents department of higher education for the  516
positions of chancellor and vice chancellor for health affairs,  517
shall be paid as an officer or employee, whether from  518
appropriated or nonappropriated funds, a total salary that  519
exceeds fifty-five thousand dollars per calendar year. This  520
paragraph does not apply to the salaries of individuals holding  521
or appointed to endowed academic chairs or endowed academic  522
professorships at a state-supported institution of higher  523
education or to the salaries of individuals paid under schedule  524
C of section 124.15 or under schedule E-2 of section 124.152 of  525
the Revised Code.  526
        Sec. 141.011. (A) Each calendar year from 2020 through  527
2028, the annual salaries of the elective officers of the state  528
as prescribed by divisions (A) to (F)(G) of section 141.01 of  529
the Revised Code shall be increased as follows:  530
        (1) In calendar year 2020, by four per cent;  531
        (2) In calendar year 2021, by three per cent;  532
        (3) In calendar year 2022, by one and three-quarters per  533
cent;  534
        (4) In calendar year 2023, by one and three-quarters per  535
cent;  536
        (5) In calendar year 2024, by one and three-quarters per  537
cent;  538
        (6) In calendar year 2025, by one and three-quarters per  539
cent;  540
        (7) In calendar year 2026, by one and three-quarters per  541
cent;  542
        (8) In calendar year 2027, by one and three-quarters per  543
H. B. No. 747  Page 20
As Introduced
cent;  544
        (9) In calendar year 2028, by one and three-quarters per  545
cent.  546
        (B) If the governor appoints the lieutenant governor as an  547
administrative department head or as the head of an office  548
within the office of the governor, the lieutenant governor may  549
accept the salary for that office while serving as its head in  550
lieu of the salary for the office of lieutenant governor.  551
        (C) Upon the death of an elected executive officer of the  552
state listed in divisions (A) to (F) of section 141.01 of the  553
Revised Code during that person's term of office, an amount  554
shall be paid in accordance with section 2113.04 of the Revised  555
Code, or to that person's estate. The amount shall equal the  556
amount of the salary that the officer would have received during  557
the remainder of the officer's unexpired term or an amount equal  558
to the salary of that person's office for two years, whichever  559
is less.  560
        (D) Beginning in the year 2031, the tax commissioner shall  561
be paid a salary that has been increased in accordance with  562
division (A) of this section.  563
        Sec. 3505.03. (A) On the office type ballot shall be  564
printed the names of all candidates for election to offices,  565
except the office of judge of a municipal court, county court,  566
or court of common pleas, who were nominated at the most recent  567
primary election as candidates of a political party or who were  568
nominated in accordance with section 3513.02 of the Revised  569
Code, and the names of all candidates for election to offices  570
who were nominated by nominating petitions, except candidates  571
for the office of judge of a municipal court, county court, or  572
H. B. No. 747  Page 21
As Introduced
court of common pleas, for member of a board of education, for  573
municipal offices, and for township offices.  574
       (B) The face of the ballot below the stub shall be  575
substantially in the following form:  576
  "OFFICIAL OFFICE TYPE BALLOT  577
       (1) To vote for a candidate record your vote in the manner  578
provided next to the name of such candidate.  579
       (2) If you tear, soil, deface, or erroneously mark this  580
ballot, return it to the precinct election officers or, if you  581
cannot return it, notify the precinct election officers, and  582
obtain another ballot."  583
       (C) The order in which the offices shall be listed on the  584
ballot shall be prescribed by, and certified to each board of  585
elections by, the secretary of state; provided that for state,  586
district, and county offices the order from top to bottom shall  587
be as follows: governor and lieutenant governor, attorney  588
general, auditor of state, secretary of state, treasurer of  589
state, tax commissioner, chief justice of the supreme court,  590
justice of the supreme court, United States senator,  591
representative to congress, state senator, state representative,  592
judge of a court of appeals, county commissioner, county  593
auditor, prosecuting attorney, clerk of the court of common  594
pleas, sheriff, county recorder, county treasurer, county  595
engineer, and coroner. The offices of governor and lieutenant  596
governor shall be printed on the ballot in a manner that  597
requires a voter to cast one vote jointly for the candidates who  598
have been nominated by the same political party or petition.  599
       (D) Within the rectangular space within which the title of  600
each judicial office listed in division (C) of this section is  601
H. B. No. 747  Page 22
As Introduced
printed on the ballot and immediately below the title shall be  602
printed the date of the commencement of the term of the office,  603
if it is a full term, as follows: "Full term commencing  604
_______(Date)_______," or the date of the end of the term of the  605
office, if it is an unexpired term, as follows: "Unexpired term  606
ending _______(Date)________"  607
       (E)(1) The names of all candidates for an office shall be  608
arranged in a group under the title of that office, and, except  609
for absentee ballots or when the number of candidates for a  610
particular office is the same as the number of candidates to be  611
elected for that office, shall be rotated from one precinct to  612
another. On absentee ballots, the names of all candidates for an  613
office shall be arranged in a group under the title of that  614
office and shall be so alternated that each name shall appear,  615
insofar as may be reasonably possible, substantially an equal  616
number of times at the beginning, at the end, and in each  617
intermediate place, if any, of the group in which such name  618
belongs, unless the number of candidates for a particular office  619
is the same as the number of candidates to be elected for that  620
office.  621
       (2) The method of printing the ballots to meet the  622
rotation requirement of this section shall be as follows: the  623
least common multiple of the number of names in each of the  624
several groups of candidates shall be used, and the number of  625
changes made in the printer's forms in printing the ballots  626
shall correspond with that multiple. The board of elections  627
shall number all precincts in regular serial sequence. In the  628
first precinct, the names of the candidates in each group shall  629
be listed in alphabetical order. In each succeeding precinct,  630
the name in each group that is listed first in the preceding  631
precinct shall be listed last, and the name of each candidate  632
H. B. No. 747  Page 23
As Introduced
shall be moved up one place. In each precinct using paper  633
ballots, the printed ballots shall then be assembled in tablets.  634
       (F) Under the name of each candidate nominated at a  635
primary election, nominated by petition under section 3517.012  636
of the Revised Code, or certified by a party committee to fill a  637
vacancy under section 3513.31 of the Revised Code shall be  638
printed, in less prominent type face than that in which the  639
candidate's name is printed, the name of the political party by  640
which the candidate was nominated or certified. Under the name  641
of each candidate appearing on the ballot who filed a nominating  642
petition and requested a ballot designation as a nonparty  643
candidate under section 3513.257 of the Revised Code shall be  644
printed, in less prominent type face than that in which the  645
candidate's name is printed, the designation of "nonparty  646
candidate." Under the name of each candidate appearing on the  647
ballot who filed a nominating petition and requested a ballot  648
designation as an other-party candidate under section 3513.257  649
of the Revised Code shall be printed, in less prominent type  650
face than that in which the candidate's name is printed, the  651
designation of "other-party candidate." No designation shall  652
appear under the name of a candidate appearing on the ballot who  653
filed a nominating petition and requested that no ballot  654
designation appear under the candidate's name under section  655
3513.257 of the Revised Code, or who filed a nominating petition  656
and failed to request a ballot designation either as a nonparty  657
candidate or as an other-party candidate under that section.  658
       (G) Except as provided in this section, no words,  659
designations, or emblems descriptive of a candidate or the  660
candidate's political affiliation, or indicative of the method  661
by which the candidate was nominated or certified, shall be  662
printed under or after a candidate's name that is printed on the  663
H. B. No. 747  Page 24
As Introduced
ballot.  664
       Sec. 3505.33. When the board of elections has completed  665
the canvass of the election returns from the precincts in its  666
county, in which electors were entitled to vote at any general  667
or special election, it shall determine and declare the results  668
of the elections determined by the electors of such county or of  669
a district or subdivision within such county. If more than the  670
number of candidates to be elected to an office received the  671
largest and an equal number of votes, such tie shall be resolved  672
by lot by the chairperson of the board in the presence of a  673
majority of the members of the board. Such declaration shall be  674
in writing and shall be signed by at least a majority of the  675
members of the board. It shall bear the date of the day upon  676
which it is made, and a copy thereof shall be posted by the  677
board in a conspicuous place in its office. The board shall keep  678
such copy posted for a period of at least five days.  679
       Thereupon the board shall promptly certify abstracts of  680
the results of such elections within its county, in such forms  681
as the secretary of state prescribes. Such forms shall be  682
designated and shall contain abstracts as follows:  683
       Form No. 1. An abstract of the votes cast for the office  684
of president and vice-president of the United States.  685
       Form No. 2. An abstract of the votes cast for the office  686
of governor and lieutenant governor, secretary of state, auditor  687
of state, treasurer of state, attorney general, tax  688
commissioner, chief justice of the supreme court of Ohio, judge  689
of the supreme court of Ohio, member of the senate of the  690
congress of the United States, member at large of the house of  691
representatives of the congress of the United States, district  692
member of the house of representatives of the congress of the  693
H. B. No. 747  Page 25
As Introduced
United States, and an abstract of the votes cast upon each  694
question or issue submitted at such election to electors  695
throughout the entire state.  696
       Form No. 3. An abstract of the votes cast for the office  697
of member of the senate of the general assembly, and member of  698
the house of representatives of the general assembly.  699
       Form No. 4. A report of the votes cast for judge of the  700
court of appeals, judge of the court of common pleas, judge of  701
the probate court, judge of the county court, county  702
commissioner, county auditor, prosecuting attorney, clerk of the  703
court of common pleas, sheriff, county recorder, county  704
treasurer, county engineer, and coroner.  705
       Form No. 5. A report of the votes cast upon all questions  706
and issues other than such questions and issues which were  707
submitted to electors throughout the entire state.  708
       Form No. 6. A report of the votes cast for municipal  709
offices, judge of the municipal court, township offices, and the  710
office of member of a board of education.  711
       One copy of each of these forms shall be kept in the  712
office of the board. One copy of each of these forms shall  713
promptly be sent to the secretary of state, who shall place the  714
records contained in forms No. 1, No. 2, No. 3, No. 4, and No. 6  715
in electronic format. One copy of Form No. 2 shall promptly be  716
sent by electronic mail to the president of the senate of the  717
general assembly. The board shall also at once upon completion  718
of the official count send a certified copy of that part of each  719
of the forms which pertains to an election in which only  720
electors of a district comprised of more than one county but  721
less than all of the counties of the state voted to the board of  722
H. B. No. 747  Page 26
As Introduced
the most populous county in such district. It shall also at once  723
upon completion of the official count send a certified copy of  724
that part of each of the forms which pertains to an election in  725
which only electors of a subdivision located partly within the  726
county voted to the board of the county in which the major  727
portion of the population of such subdivision is located.  728
        If, after certifying and sending abstracts and parts  729
thereof, a board finds that any such abstract or part thereof is  730
incorrect, it shall promptly prepare, certify, and send a  731
corrected abstract or part thereof to take the place of each  732
incorrect abstract or part thereof theretofore certified and  733
sent.  734
        Sec. 3505.35. (A) When the secretary of state has received  735
from the board of elections of every county in the state Form  736
No. 2, as provided for in section 3505.33 of the Revised Code,  737
the secretary of state shall promptly fix the time and place for  738
the canvass of such abstracts, and the time fixed shall not be  739
later than ten days after such abstracts have been received by  740
the secretary of state from all counties. The secretary of state  741
shall notify the governor, auditor of state, attorney general,  742
tax commissioner, and the chairperson of the state central  743
committee of each political party of the time and place fixed.  744
At such time and in the presence of such of the persons so  745
notified who attend, the secretary of state shall canvass the  746
abstracts contained in said Form No. 2 and shall determine and  747
declare the results of all elections in which electors  748
throughout the entire state voted. If two or more candidates for  749
election to the same office, or two or more sets of joint  750
candidates for governor and lieutenant governor, receive the  751
largest and an equal number of votes, such tie shall be resolved  752
by lot by the secretary of state. Such declaration of results by  753
H. B. No. 747  Page 27
As Introduced
the secretary of state shall be in writing and shall be signed  754
by the secretary of state. It shall bear the date of the day  755
upon which it is made, and a copy thereof shall be posted by the  756
secretary of state in a conspicuous place in the secretary of  757
state's office. The secretary of state shall keep such copy  758
posted for a period of at least five days.  759
        Such declaration of results made by the secretary of  760
state, insofar as it pertains to the offices of governor and  761
lieutenant governor, secretary of state, auditor of state,  762
treasurer of state, and attorney general, and tax commissioner,  763
is only for the purpose of fixing the time of the commencement  764
of the period of time within which applications for recounts of  765
votes may be filed as provided by section 3515.02 of the Revised  766
Code.  767
        (B) When the secretary of state has received from the  768
board of elections of every county in the state Form No. 4 and  769
Form No. 6, as provided in section 3505.33 of the Revised Code,  770
the secretary of state shall promptly transmit by electronic  771
mail or other telecommunication device a copy of each form to  772
the administrative director of the supreme court.  773
        Sec. 3513.052. (A) No person shall seek nomination or  774
election to any of the following offices or positions at the  775
same election by filing a declaration of candidacy and petition,  776
a declaration of intent to be a write-in candidate, or a  777
nominating petition, or by becoming a candidate through party  778
nomination in a primary election, or by the filling of a vacancy  779
under section 3513.30 or 3513.31 of the Revised Code:  780
        (1) Two or more state offices;  781
        (2) Two or more county offices;  782
H. B. No. 747  Page 28
As Introduced
       (3) A state office and a county office;  783
       (4) A federal office and a state or county office;  784
       (5) Any combination of two or more municipal or township  785
offices, positions as a member of a city, local, or exempted  786
village board of education, or positions as a member of a  787
governing board of an educational service center.  788
       (B) The secretary of state or a board of elections shall  789
not accept for filing a declaration of candidacy and petition, a  790
declaration of intent to be a write-in candidate, or a  791
nominating petition of a person seeking to become a candidate if  792
that person, for the same election, has already filed a  793
declaration of candidacy, a declaration of intent to be a write-  794
in candidate, or a nominating petition, or has become a  795
candidate through party nomination at a primary election or by  796
the filling of a vacancy under section 3513.30 or 3513.31 of the  797
Revised Code for:  798
       (1) Any federal, state, or county office, if the  799
declaration of candidacy, declaration of intent to be a write-in  800
candidate, or nominating petition is for a state or county  801
office;  802
       (2) Any municipal or township office, or for member of a  803
city, local, or exempted village board of education, or for  804
member of a governing board of an educational service center, if  805
the declaration of candidacy, declaration of intent to be a  806
write-in candidate, or nominating petition is for a municipal or  807
township office, or for member of a city, local, or exempted  808
village board of education, or for member of a governing board  809
of an educational service center.  810
       (C)(1) If the secretary of state determines, before the  811
H. B. No. 747  Page 29
As Introduced
day of the primary election, that a person is seeking nomination  812
to more than one office at that election in violation of  813
division (A) of this section, the secretary of state shall do  814
one of the following:  815
       (a) If each office or the district for each office for  816
which the person is seeking nomination is wholly within a single  817
county and none of those offices is a federal office, the  818
secretary of state shall notify the board of elections of that  819
county. The board then shall determine the date on which the  820
person first sought to become a candidate for each of those  821
offices by filing a declaration of candidacy or a declaration of  822
intent to be a write-in candidate or by the filling of a vacancy  823
under section 3513.30 of the Revised Code. The board shall vote  824
promptly to disqualify that person as a candidate for each  825
office for which the person sought to become a candidate after  826
the date on which the person first sought to become a candidate  827
for any of those offices. If the board determines that the  828
person sought to become a candidate for more than one of those  829
offices on the same date, the board shall vote promptly to  830
disqualify that person as a candidate for each office that would  831
be listed on the ballot below the highest office for which that  832
person seeks nomination, according to the ballot order  833
prescribed under section 3505.03 of the Revised Code.  834
       (b) If one or more of the offices for which the person is  835
seeking nomination is a state office or an office with a  836
district larger than a single county and none of the offices for  837
which the person is seeking nomination is a federal office, the  838
secretary of state shall determine the date on which the person  839
first sought to become a candidate for each of those offices by  840
filing a declaration of candidacy or a declaration of intent to  841
be a write-in candidate or by the filling of a vacancy under  842
H. B. No. 747  Page 30
As Introduced
section 3513.30 of the Revised Code. The secretary of state  843
shall order the board of elections of each county in which the  844
person is seeking to appear on the ballot to disqualify that  845
person as a candidate for each office for which the person  846
sought to become a candidate after the date on which the person  847
first sought to become a candidate for any of those offices. If  848
the secretary of state determines that the person sought to  849
become a candidate for more than one of those offices on the  850
same date, the secretary of state shall order the board of  851
elections of each county in which the person is seeking to  852
appear on the ballot to disqualify that person as a candidate  853
for each office that would be listed on the ballot below the  854
highest office for which that person seeks nomination, according  855
to the ballot order prescribed under section 3505.03 of the  856
Revised Code. Each board of elections so notified shall vote  857
promptly to disqualify the person as a candidate in accordance  858
with the order of the secretary of state.  859
       (c) If each office or the district for each office for  860
which the person is seeking nomination is wholly within a single  861
county and any of those offices is a federal office, the  862
secretary of state shall notify the board of elections of that  863
county. The board then shall vote promptly to disqualify that  864
person as a candidate for each office that is not a federal  865
office.  866
       (d) If one or more of the offices for which the person is  867
seeking nomination is a state office and any of the offices for  868
which the person is seeking nomination is a federal office, the  869
secretary of state shall order the board of elections of each  870
county in which the person is seeking to appear on the ballot to  871
disqualify that person as a candidate for each office that is  872
not a federal office. Each board of elections so notified shall  873
H. B. No. 747  Page 31
As Introduced
vote promptly to disqualify the person as a candidate in  874
accordance with the order of the secretary of state.  875
       (2) If a board of elections determines, before the day of  876
the primary election, that a person is seeking nomination to  877
more than one office at that election in violation of division  878
(A) of this section, the board shall do one of the following:  879
       (a) If each office or the district for each office for  880
which the person is seeking nomination is wholly within that  881
county and none of those offices is a federal office, the board  882
shall determine the date on which the person first sought to  883
become a candidate for each of those offices by filing a  884
declaration of candidacy or a declaration of intent to be a  885
write-in candidate or by the filling of a vacancy under section  886
3513.30 of the Revised Code. The board shall vote promptly to  887
disqualify that person as a candidate for each office for which  888
the person sought to become a candidate after the date on which  889
the person first sought to become a candidate for any of those  890
offices. If the board determines that the person sought to  891
become a candidate for more than one of those offices on the  892
same date, the board shall vote promptly to disqualify that  893
person as a candidate for each office that would be listed on  894
the ballot below the highest office for which that person seeks  895
nomination, according to the ballot order prescribed under  896
section 3505.03 of the Revised Code.  897
       (b) If one or more of the offices for which the person is  898
seeking nomination is a state office or an office with a  899
district larger than a single county and none of the offices for  900
which the person is seeking nomination is a federal office, the  901
board shall notify the secretary of state. The secretary of  902
state then shall determine the date on which the person first  903
H. B. No. 747  Page 32
As Introduced
sought to become a candidate for each of those offices by filing  904
a declaration of candidacy or a declaration of intent to be a  905
write-in candidate or by the filling of a vacancy under section  906
3513.30 of the Revised Code. The secretary of state shall order  907
the board of elections of each county in which the person is  908
seeking to appear on the ballot to disqualify that person as a  909
candidate for each office for which the person sought to become  910
a candidate after the date on which the person first sought to  911
become a candidate for any of those offices. If the secretary of  912
state determines that the person sought to become a candidate  913
for more than one of those offices on the same date, the  914
secretary of state shall order the board of elections of each  915
county in which the person is seeking to appear on the ballot to  916
disqualify that person as a candidate for each office that would  917
be listed on the ballot below the highest office for which that  918
person seeks nomination, according to the ballot order  919
prescribed under section 3505.03 of the Revised Code. Each board  920
of elections so notified shall vote promptly to disqualify the  921
person as a candidate in accordance with the order of the  922
secretary of state.  923
       (c) If each office or the district for each office for  924
which the person is seeking nomination is wholly within a single  925
county and any of those offices is a federal office, the board  926
shall vote promptly to disqualify that person as a candidate for  927
each office that is not a federal office.  928
       (d) If one or more of the offices for which the person is  929
seeking nomination is a state office and any of the offices for  930
which the person is seeking nomination is a federal office, the  931
board shall notify the secretary of state. The secretary of  932
state then shall order the board of elections of each county in  933
which the person is seeking to appear on the ballot to  934
H. B. No. 747  Page 33
As Introduced
disqualify that person as a candidate for each office that is  935
not a federal office. Each board of elections so notified shall  936
vote promptly to disqualify the person as a candidate in  937
accordance with the order of the secretary of state.  938
       (D)(1) If the secretary of state determines, after the day  939
of the primary election and before the day of the general  940
election, that a person is seeking election to more than one  941
office at that election in violation of division (A) of this  942
section, the secretary of state shall do one of the following:  943
       (a) If each office or the district for each office for  944
which the person is seeking election is wholly within a single  945
county and none of those offices is a federal office, the  946
secretary of state shall notify the board of elections of that  947
county. The board then shall determine the offices for which the  948
person seeks to appear as a candidate on the ballot. The board  949
shall vote promptly to disqualify that person as a candidate for  950
each office that would be listed on the ballot below the highest  951
office for which that person seeks election, according to the  952
ballot order prescribed under section 3505.03 of the Revised  953
Code. If the person sought nomination at a primary election and  954
has not yet been issued a certificate of nomination, the board  955
shall not issue that certificate for that person for any office  956
that would be listed on the ballot below the highest office for  957
which that person seeks election, according to the ballot order  958
prescribed under section 3505.03 of the Revised Code.  959
       (b) If one or more of the offices for which the person is  960
seeking election is a state office or an office with a district  961
larger than a single county and none of the offices for which  962
the person is seeking election is a federal office, the  963
secretary of state shall promptly investigate and determine the  964
H. B. No. 747  Page 34
As Introduced
offices for which the person seeks to appear as a candidate on  965
the ballot. The secretary of state shall order the board of  966
elections of each county in which the person is seeking to  967
appear on the ballot to disqualify that person as a candidate  968
for each office that would be listed on the ballot below the  969
highest office for which that person seeks election, according  970
to the ballot order prescribed under section 3505.03 of the  971
Revised Code. Each board of elections so notified shall vote  972
promptly to disqualify the person as a candidate in accordance  973
with the order of the secretary of state. If the person sought  974
nomination at a primary election and has not yet been issued a  975
certificate of nomination, the board shall not issue that  976
certificate for that person for any office that would be listed  977
on the ballot below the highest office for which that person  978
seeks election, according to the ballot order prescribed under  979
section 3505.03 of the Revised Code.  980
       (c) If each office or the district for each office for  981
which the person is seeking election is wholly within a single  982
county and any of those offices is a federal office, the  983
secretary of state shall notify the board of elections of that  984
county. The board then shall vote promptly to disqualify that  985
person as a candidate for each office that is not a federal  986
office. If the person sought nomination at a primary election  987
and has not yet been issued a certificate of nomination, the  988
board shall not issue that certificate for that person for any  989
office that is not a federal office.  990
       (d) If one or more of the offices for which the person is  991
seeking election is a state office and any of the offices for  992
which the person is seeking election is a federal office, the  993
secretary of state shall order the board of elections of each  994
county in which the person is seeking to appear on the ballot to  995
H. B. No. 747  Page 35
As Introduced
disqualify that person as a candidate for each office that is  996
not a federal office. Each board of elections so notified shall  997
vote promptly to disqualify the person as a candidate in  998
accordance with the order of the secretary of state. If the  999
person sought nomination at a primary election and has not yet  1000
been issued a certificate of nomination, the board shall not  1001
issue that certificate for that person for any office that is  1002
not a federal office.  1003
       (2) If a board of elections determines, after the day of  1004
the primary election and before the day of the general election,  1005
that a person is seeking election to more than one office at  1006
that election in violation of division (A) of this section, the  1007
board of elections shall do one of the following:  1008
       (a) If each office or the district for each office for  1009
which the person is seeking election is wholly within that  1010
county and none of those offices is a federal office, the board  1011
shall determine the offices for which the person seeks to appear  1012
as a candidate on the ballot. The board shall vote promptly to  1013
disqualify that person as a candidate for each office that would  1014
be listed on the ballot below the highest office for which that  1015
person seeks election, according to the ballot order prescribed  1016
under section 3505.03 of the Revised Code. If the person sought  1017
nomination at a primary election and has not yet been issued a  1018
certificate of nomination, the board shall not issue that  1019
certificate for that person for any office that would be listed  1020
on the ballot below the highest office for which that person  1021
seeks election, according to the ballot order prescribed under  1022
section 3505.03 of the Revised Code.  1023
       (b) If one or more of the offices for which the person is  1024
seeking election is a state office or an office with a district  1025
H. B. No. 747  Page 36
As Introduced
larger than a single county and none of the offices for which  1026
the person is seeking election is a federal office, the board  1027
shall notify the secretary of state. The secretary of state  1028
promptly shall investigate and determine the offices for which  1029
the person seeks to appear as a candidate on the ballot. The  1030
secretary of state shall order the board of elections of each  1031
county in which the person is seeking to appear on the ballot to  1032
disqualify that person as a candidate for each office that would  1033
be listed on the ballot below the highest office for which that  1034
person seeks election, according to the ballot order prescribed  1035
under section 3505.03 of the Revised Code. Each board of  1036
elections so notified shall vote promptly to disqualify the  1037
person as a candidate in accordance with the order of the  1038
secretary of state. If the person sought nomination at a primary  1039
election and has not yet been issued a certificate of  1040
nomination, the board shall not issue that certificate for that  1041
person for any office that would be listed on the ballot below  1042
the highest office for which that person seeks election,  1043
according to the ballot order prescribed under section 3505.03  1044
of the Revised Code.  1045
       (c) If each office or the district for each office for  1046
which the person is seeking election is wholly within that  1047
county and any of those offices is a federal office, the board  1048
shall vote promptly to disqualify that person as a candidate for  1049
each office that is not a federal office. If the person sought  1050
nomination at a primary election and has not yet been issued a  1051
certificate of nomination, the board shall not issue that  1052
certificate for that person for any office that is not a federal  1053
office.  1054
       (d) If one or more of the offices for which the person is  1055
seeking election is a state office and any of the offices for  1056
H. B. No. 747  Page 37
As Introduced
which the person is seeking election is a federal office, the  1057
board shall notify the secretary of state. The secretary of  1058
state shall order the board of elections of each county in which  1059
the person is seeking to appear on the ballot to disqualify that  1060
person as a candidate for each office that is not a federal  1061
office. Each board of elections so notified shall vote promptly  1062
to disqualify the person as a candidate in accordance with the  1063
order of the secretary of state. If the person sought nomination  1064
at a primary election and has not yet been issued a certificate  1065
of nomination, the board shall not issue that certificate for  1066
that person for any office that is not a federal office.  1067
       (E) When a person is disqualified as a candidate under  1068
division (C) or (D) of this section, on or before the seventieth  1069
day before the day of the applicable election, the board of  1070
elections shall remove the person's name from the ballot for any  1071
office for which that person has been disqualified as a  1072
candidate according to the directions of the secretary of state.  1073
When a person is disqualified as a candidate under division (C)  1074
or (D) of this section after the seventieth day before the day  1075
of the applicable election, the board of elections shall not  1076
remove the person's name from the ballot for any office for  1077
which that person has been disqualified as a candidate. The  1078
board of elections shall post a notice at each polling location  1079
on the day of the applicable election, and shall enclose with  1080
each absent voter's ballot given or mailed after the candidate  1081
is disqualified, a notice that votes for the person for the  1082
office for which the person has been disqualified as a candidate  1083
will be void and will not be counted. If the name is not removed  1084
from the ballots before the day of the election, the votes for  1085
the disqualified candidate are void and shall not be counted.  1086
       (F) Any vacancy created by the disqualification of a  1087
H. B. No. 747  Page 38
As Introduced
person as a candidate under division (C) or (D) of this section  1088
may be filled in the manner provided for in sections 3513.30 and  1089
3513.31 of the Revised Code.  1090
       (G) Nothing in this section or section 3513.04, 3513.041,  1091
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257, or  1092
3513.261 of the Revised Code prohibits, and the secretary of  1093
state or a board of elections shall not disqualify, a person  1094
from being a candidate for an office, if that person timely  1095
withdraws as a candidate for any offices specified in division  1096
(A) of this section for which that person first sought to become  1097
a candidate by filing a declaration of candidacy and petition, a  1098
declaration of intent to be a write-in candidate, or a  1099
nominating petition, by party nomination in a primary election,  1100
or by the filling of a vacancy under section 3513.30 or 3513.31  1101
of the Revised Code.  1102
       (H) As used in this section:  1103
       (1) "State office" means the offices of governor,  1104
lieutenant governor, secretary of state, auditor of state,  1105
treasurer of state, attorney general, tax commissioner, member  1106
of the general assembly, chief justice of the supreme court, and  1107
justice of the supreme court.  1108
       (2) "Timely withdraws" means either of the following:  1109
       (a) Withdrawing as a candidate before the applicable  1110
deadline for filing a declaration of candidacy, declaration of  1111
intent to be a write-in candidate, or nominating petition for  1112
the subsequent office for which the person is seeking to become  1113
a candidate at the same election;  1114
       (b) Withdrawing as a candidate before the applicable  1115
deadline for the filling of a vacancy under section 3513.30 or  1116
H. B. No. 747  Page 39
As Introduced
3513.31 of the Revised Code, if the person is seeking to become  1117
a candidate for a subsequent office at the same election under  1118
either of those sections.  1119
       Sec. 3513.10. (A) At the time of filing a declaration of  1120
candidacy for nomination for any office, or a declaration of  1121
intent to be a write-in candidate, each candidate, except joint  1122
candidates for governor and lieutenant governor, shall pay a fee  1123
as follows:  1124
  1125
  1  2
A        For statewide office  $100
B        For court of appeals judge  $50
C        For court of common pleas judge  $50
D        For county court judge  $50
E        For municipal court judge  $50
F        For district office, including member of the United  $50
  States house of representatives and member of the
  general assembly
G        For county office  $50
H        For city office  $20
I        For village office  $10
J        For township office  $10
K        For member of local, city, or exempted village  $10
H. B. No. 747  Page 40
As Introduced
  board of education or educational service center
  governing board
       At the time of filing a declaration of candidacy or a  1126
declaration of intent to be a write-in candidate for the offices  1127
of governor and lieutenant governor, the joint candidates shall  1128
jointly pay to the secretary of state a fee of one hundred  1129
dollars.  1130
       (B)(1) At the same time the fee required under division  1131
(A) of this section is paid, each candidate shall pay an  1132
additional fee as follows:  1133
  1134
  1  2
A  For the joint candidates for governor and  $50
  lieutenant governor
B  For statewide office  $50
C  For district office, including member of the  $35
  United States house of representatives and member
  of the general assembly
D  For member of state board of education  $35
E  For court of appeals judge  $30
F  For court of common pleas judge  $30
G  For county court judge  $30
H  For municipal court judge  $30
H. B. No. 747  Page 41
As Introduced
I  For county office  $30
J  For city office  $25
K  For village office  $20
L  For township office  $20
M  For member of local, city, or exempted village  $20
  board of education or educational service center
  governing board
       (2) Whoever seeks to propose a ballot question or issue to  1135
be submitted to the electors shall pay the following fee at the  1136
time the petition proposing the question or issue is filed:  1137
       (a) If the question or issue is to be submitted to the  1138
electors throughout the entire state, twenty-five dollars;  1139
       (b) If the question or issue is to be submitted to the  1140
electors of a county or of a district that consists of all or  1141
part of two or more counties but less than the entire state,  1142
fifteen dollars;  1143
       (c) If the question or issue is to be submitted to the  1144
electors of a city, twelve dollars and fifty cents;  1145
       (d) If the question or issue is to be submitted to the  1146
electors of a village, a township, a local, city, county, or  1147
exempted village school district, a precinct, or another  1148
district consisting of less than an entire county, ten dollars.  1149
       (C) No fee shall be required of candidates filing for the  1150
office of delegate or alternate to the national convention of  1151
political parties, member of the state central committee of a  1152
H. B. No. 747  Page 42
As Introduced
political party, or member of the county central committee of a  1153
political party.  1154
       (D) All fees required under division (A) of this section  1155
immediately shall be paid by the officer receiving them into the  1156
state treasury to the credit of the general revenue fund, in the  1157
case of fees received by the secretary of state, and into the  1158
county treasury to the credit of the county general fund, in the  1159
case of fees received by a board of elections.  1160
       (E) The officer who receives a fee required under division  1161
(B) of this section immediately shall pay the fee to the credit  1162
of the Ohio election integrity commission fund created under  1163
section 111.29 of the Revised Code.  1164
       (F)(1) In no case shall a fee paid under this section be  1165
returned to a candidate.  1166
       (2) Whenever a section of law refers to a filing fee to be  1167
paid by a candidate or by a committee proposing a ballot  1168
question or issue to be submitted to the electors, that fee  1169
includes the fees required under divisions (A) and (B) of this  1170
section.  1171
       (G) As used in divisions (A) and (B) of this section,  1172
"statewide office" means the office of secretary of state,  1173
auditor of state, treasurer of state, attorney general, tax  1174
commissioner, justice and chief justice of the supreme court,  1175
and member of the United States senate.  1176
       Sec. 3517.092. (A) As used in this section:  1177
       (1) "Appointing authority" has the same meaning as in  1178
section 124.01 of the Revised Code.  1179
       (2) "State elected officer" means any person appointed or  1180
H. B. No. 747  Page 43
As Introduced
elected to a state elective office.  1181
       (3) "State elective office" means any of the offices of  1182
governor, lieutenant governor, secretary of state, auditor of  1183
state, treasurer of state, attorney general, tax commissioner,  1184
member of the general assembly, and justice and chief justice of  1185
the supreme court.  1186
       (4) "Contribution" includes a contribution to any  1187
political party, campaign committee, political action committee,  1188
political contributing entity, or legislative campaign fund.  1189
       (B)(1) No state elected officer, no campaign committee of  1190
such an officer, no employee of the state elected officer's  1191
office, and no other person or entity shall knowingly solicit a  1192
contribution to a state elected officer or to such an officer's  1193
campaign committee, and no state elected officer and no campaign  1194
committee of such an officer shall accept a contribution, from  1195
any of the following:  1196
       (a) A state employee whose appointing authority is the  1197
state elected officer;  1198
       (b) A state employee whose appointing authority is  1199
authorized or required by law to be appointed by the state  1200
elected officer;  1201
       (c) A state employee who functions in or is employed in or  1202
by the same public agency, department, division, or office as  1203
the state elected officer.  1204
       (2) No candidate for a state elective office, no campaign  1205
committee of such a candidate, no employee of the candidate's  1206
office if the candidate is a state elected officer or an elected  1207
officer of a political subdivision of the state, and no other  1208
person or entity shall knowingly solicit a contribution to a  1209
H. B. No. 747  Page 44
As Introduced
candidate for a state elective office or to such a candidate's  1210
campaign committee, and no candidate for a state elective office  1211
and no campaign committee of such a candidate shall accept a  1212
contribution, from any of the following:  1213
       (a) A state employee at the time of the solicitation,  1214
whose appointing authority will be the candidate, if elected;  1215
       (b) A state employee at the time of the solicitation,  1216
whose appointing authority will be appointed by the candidate,  1217
if elected, as authorized or required by law;  1218
       (c) A state employee at the time of the solicitation, who  1219
will function in or be employed in or by the same public agency,  1220
department, division, or office as the candidate, if elected.  1221
       (C)(1) No elected officer of a political subdivision of  1222
the state, no campaign committee of such an officer, no employee  1223
of such an officer's office, and no other person or entity shall  1224
knowingly solicit a contribution to an elected officer of a  1225
political subdivision of the state or to such an officer's  1226
campaign committee from any of the following:  1227
       (a) An employee of that political subdivision whose  1228
appointing authority is that elected officer;  1229
       (b) An employee of that political subdivision whose  1230
appointing authority is authorized or required by law to be  1231
appointed by that elected officer;  1232
       (c) An employee of that political subdivision who  1233
functions in or is employed in or by the same public agency,  1234
department, division, or office as that elected officer.  1235
       (2) No candidate for an elective office of a political  1236
subdivision of the state, no campaign committee of such a  1237
H. B. No. 747  Page 45
As Introduced
candidate, no employee of the candidate's office if the  1238
candidate is a state elected officer or elected officer of a  1239
political subdivision of the state, and no other person or  1240
entity shall knowingly solicit a contribution to a candidate for  1241
an elective office of a political subdivision of the state or to  1242
such a candidate's campaign committee from any of the following:  1243
       (a) An employee of that political subdivision at the time  1244
of the solicitation, whose appointing authority will be the  1245
candidate, if elected;  1246
       (b) An employee of that political subdivision at the time  1247
of the solicitation, whose appointing authority will be  1248
appointed by the candidate, if elected, as authorized or  1249
required by law;  1250
       (c) An employee of that political subdivision at the time  1251
of the solicitation, who will function in or be employed in or  1252
by the same public agency, department, division, or office as  1253
the candidate, if elected.  1254
       (D)(1) No public employee shall solicit a contribution  1255
from any person while the public employee is performing the  1256
public employee's official duties or in those areas of a public  1257
building where official business is transacted or conducted.  1258
       (2) No person shall solicit a contribution from any public  1259
employee while the public employee is performing the public  1260
employee's official duties or is in those areas of a public  1261
building where official business is transacted or conducted.  1262
       (3) As used in division (D) of this section, "public  1263
employee" does not include any person holding an elective  1264
office.  1265
       (E) The prohibitions in divisions (B), (C), and (D) of  1266
H. B. No. 747  Page 46
As Introduced
this section are in addition to the prohibitions in sections  1267
124.57, 3304.22, and 4503.032 of the Revised Code.  1268
       Sec. 3517.10. (A) Except as otherwise provided in this  1269
division, every campaign committee, political action committee,  1270
legislative campaign fund, political party, and political  1271
contributing entity that made or received a contribution or made  1272
an expenditure in connection with the nomination or election of  1273
any candidate or in connection with any ballot issue or question  1274
at any election held or to be held in this state shall file, on  1275
a form prescribed under this section or by electronic means of  1276
transmission as provided in this section and section 3517.106 of  1277
the Revised Code, a full, true, and itemized statement, made  1278
under penalty of election falsification, setting forth in detail  1279
the contributions and expenditures, not later than four p.m. of  1280
the following dates:  1281
       (1) The twelfth day before the election to reflect  1282
contributions received and expenditures made from the close of  1283
business on the last day reflected in the last previously filed  1284
statement, if any, to the close of business on the twentieth day  1285
before the election;  1286
       (2) The thirty-eighth day after the election to reflect  1287
the contributions received and expenditures made from the close  1288
of business on the last day reflected in the last previously  1289
filed statement, if any, to the close of business on the seventh  1290
day before the filing of the statement;  1291
       (3) The last business day of January of every year to  1292
reflect the contributions received and expenditures made from  1293
the close of business on the last day reflected in the last  1294
previously filed statement, if any, to the close of business on  1295
the last day of December of the previous year;  1296
H. B. No. 747  Page 47
As Introduced
       (4) The last business day of July of every year to reflect  1297
the contributions received and expenditures made from the close  1298
of business on the last day reflected in the last previously  1299
filed statement, if any, to the close of business on the last  1300
day of June of that year.  1301
       A campaign committee shall only be required to file the  1302
statements prescribed under divisions (A)(1) and (2) of this  1303
section in connection with the nomination or election of the  1304
committee's candidate.  1305
       The statement required under division (A)(1) of this  1306
section shall not be required of any campaign committee,  1307
political action committee, legislative campaign fund, political  1308
party, or political contributing entity that has received  1309
contributions of less than one thousand dollars and has made  1310
expenditures of less than one thousand dollars at the close of  1311
business on the twentieth day before the election. Those  1312
contributions and expenditures shall be reported in the  1313
statement required under division (A)(2) of this section.  1314
       If an election to select candidates to appear on the  1315
general election ballot is held within sixty days before a  1316
general election, the campaign committee of a successful  1317
candidate in the earlier election may file the statement  1318
required by division (A)(1) of this section for the general  1319
election instead of the statement required by division (A)(2) of  1320
this section for the earlier election if the pregeneral election  1321
statement reflects the status of contributions and expenditures  1322
for the period twenty days before the earlier election to twenty  1323
days before the general election.  1324
       If a person becomes a candidate less than twenty days  1325
before an election, the candidate's campaign committee is not  1326
H. B. No. 747  Page 48
As Introduced
required to file the statement required by division (A)(1) of  1327
this section.  1328
       No statement under division (A)(3) of this section shall  1329
be required for any year in which a campaign committee,  1330
political action committee, legislative campaign fund, political  1331
party, or political contributing entity is required to file a  1332
postgeneral election statement under division (A)(2) of this  1333
section. However, a statement under division (A)(3) of this  1334
section may be filed, at the option of the campaign committee,  1335
political action committee, legislative campaign fund, political  1336
party, or political contributing entity.  1337
       No campaign committee of a candidate for the office of  1338
chief justice or justice of the supreme court, and no campaign  1339
committee of a candidate for the office of judge of any court in  1340
this state, shall be required to file a statement under division  1341
(A)(4) of this section.  1342
       Except as otherwise provided in this paragraph and in the  1343
next paragraph of this section, the only campaign committees  1344
required to file a statement under division (A)(4) of this  1345
section are the campaign committee of a statewide candidate and  1346
the campaign committee of a candidate for county office. The  1347
campaign committee of a candidate for any other nonjudicial  1348
office is required to file a statement under division (A)(4) of  1349
this section if that campaign committee receives, during that  1350
period, contributions exceeding ten thousand dollars.  1351
       No statement under division (A)(4) of this section shall  1352
be required of a campaign committee, a political action  1353
committee, a legislative campaign fund, a political party, or a  1354
political contributing entity for any year in which the campaign  1355
committee, political action committee, legislative campaign  1356
H. B. No. 747  Page 49
As Introduced
fund, political party, or political contributing entity is  1357
required to file a postprimary election statement under division  1358
(A)(2) of this section. However, a statement under division (A)  1359
(4) of this section may be filed at the option of the campaign  1360
committee, political action committee, legislative campaign  1361
fund, political party, or political contributing entity.  1362
       No statement under division (A)(3) or (4) of this section  1363
shall be required if the campaign committee, political action  1364
committee, legislative campaign fund, political party, or  1365
political contributing entity has no contributions that it has  1366
received and no expenditures that it has made since the last  1367
date reflected in its last previously filed statement. However,  1368
the campaign committee, political action committee, legislative  1369
campaign fund, political party, or political contributing entity  1370
shall file a statement to that effect, on a form prescribed  1371
under this section and made under penalty of election  1372
falsification, on the date required in division (A)(3) or (4) of  1373
this section, as applicable.  1374
       The campaign committee of a statewide candidate shall file  1375
a monthly statement of contributions received during each of the  1376
months of July, August, and September in the year of the general  1377
election in which the candidate seeks office. The campaign  1378
committee of a statewide candidate shall file the monthly  1379
statement not later than three business days after the last day  1380
of the month covered by the statement. During the period  1381
beginning on the nineteenth day before the general election in  1382
which a statewide candidate seeks election to office and  1383
extending through the day of that general election, each time  1384
the campaign committee of the joint candidates for the offices  1385
of governor and lieutenant governor or of a candidate for the  1386
office of secretary of state, auditor of state, treasurer of  1387
H. B. No. 747  Page 50
As Introduced
state, or attorney general, or tax commissioner receives a  1388
contribution from a contributor that causes the aggregate amount  1389
of contributions received from that contributor during that  1390
period to equal or exceed ten thousand dollars and each time the  1391
campaign committee of a candidate for the office of chief  1392
justice or justice of the supreme court receives a contribution  1393
from a contributor that causes the aggregate amount of  1394
contributions received from that contributor during that period  1395
to exceed ten thousand dollars, the campaign committee shall  1396
file a two-business-day statement reflecting that contribution.  1397
Contributions reported on a two-business-day statement required  1398
to be filed by a campaign committee of a statewide candidate in  1399
a primary election shall also be included in the postprimary  1400
election statement required to be filed by that campaign  1401
committee under division (A)(2) of this section. A two-business-  1402
day statement required by this paragraph shall be filed not  1403
later than two business days after receipt of the contribution.  1404
The statements required by this paragraph shall be filed in  1405
addition to any other statements required by this section.  1406
       Subject to the secretary of state having implemented,  1407
tested, and verified the successful operation of any system the  1408
secretary of state prescribes pursuant to divisions (C)(6)(b)  1409
and (D)(6) of this section and division (F)(1) of section  1410
3517.106 of the Revised Code for the filing of campaign finance  1411
statements by electronic means of transmission, a campaign  1412
committee of a statewide candidate shall file a two-business-day  1413
statement under the preceding paragraph by electronic means of  1414
transmission if the campaign committee is required to file a  1415
pre-election, postelection, or monthly statement of  1416
contributions and expenditures by electronic means of  1417
transmission under this section or section 3517.106 of the  1418
H. B. No. 747  Page 51
As Introduced
Revised Code.  1419
       If a campaign committee or political action committee has  1420
no balance on hand and no outstanding obligations and desires to  1421
terminate itself, it shall file a statement to that effect, on a  1422
form prescribed under this section and made under penalty of  1423
election falsification, with the official with whom it files a  1424
statement under division (A) of this section after filing a  1425
final statement of contributions and a final statement of  1426
expenditures, if contributions have been received or  1427
expenditures made since the period reflected in its last  1428
previously filed statement.  1429
       (B) Except as otherwise provided in division (C)(7) of  1430
this section, each statement required by division (A) of this  1431
section shall contain the following information:  1432
       (1) The full name and address of each campaign committee,  1433
political action committee, legislative campaign fund, political  1434
party, or political contributing entity, including any treasurer  1435
of the committee, fund, party, or entity, filing a contribution  1436
and expenditure statement;  1437
       (2)(a) In the case of a campaign committee, the  1438
candidate's full name and address;  1439
       (b) In the case of a political action committee, the  1440
registration number assigned to the committee under division (D)  1441
(1) of this section.  1442
       (3) The date of the election and whether it was or will be  1443
a general, primary, or special election;  1444
       (4) A statement of contributions received, which shall  1445
include the following information:  1446
H. B. No. 747  Page 52
As Introduced
       (a) The month, day, and year of the contribution;  1447
       (b)(i) The full name and address of each person, political  1448
party, campaign committee, legislative campaign fund, political  1449
action committee, or political contributing entity from whom  1450
contributions are received and the registration number assigned  1451
to the political action committee under division (D)(1) of this  1452
section. The requirement of filing the full address does not  1453
apply to any statement filed by a state or local committee of a  1454
political party, to a finance committee of such committee, or to  1455
a committee recognized by a state or local committee as its  1456
fund-raising auxiliary. Notwithstanding division (F) of this  1457
section, the requirement of filing the full address shall be  1458
considered as being met if the address filed is the same address  1459
the contributor provided under division (E)(1) of this section.  1460
       (ii) If a political action committee, political  1461
contributing entity, legislative campaign fund, or political  1462
party that is required to file campaign finance statements by  1463
electronic means of transmission under section 3517.106 of the  1464
Revised Code or a campaign committee of a statewide candidate or  1465
candidate for the office of member of the general assembly  1466
receives a contribution from an individual that exceeds one  1467
hundred dollars, the name of the individual's current employer,  1468
if any, or, if the individual is self-employed, the individual's  1469
occupation and the name of the individual's business, if any;  1470
       (iii) If a campaign committee of a statewide candidate or  1471
candidate for the office of member of the general assembly  1472
receives a contribution transmitted pursuant to section 3599.031  1473
of the Revised Code from amounts deducted from the wages and  1474
salaries of two or more employees that exceeds in the aggregate  1475
one hundred dollars during any one filing period under division  1476
H. B. No. 747  Page 53
As Introduced
(A)(1), (2), (3), or (4) of this section, the full name of the  1477
employees' employer and the full name of the labor organization  1478
of which the employees are members, if any.  1479
       (c) A description of the contribution received, if other  1480
than money;  1481
       (d) The value in dollars and cents of the contribution;  1482
       (e) A separately itemized account of all contributions and  1483
expenditures regardless of the amount, except a receipt of a  1484
contribution from a person in the sum of twenty-five dollars or  1485
less at one social or fund-raising activity and a receipt of a  1486
contribution transmitted pursuant to section 3599.031 of the  1487
Revised Code from amounts deducted from the wages and salaries  1488
of employees if the contribution from the amount deducted from  1489
the wages and salary of any one employee is twenty-five dollars  1490
or less aggregated in a calendar year. An account of the total  1491
contributions from each social or fund-raising activity shall  1492
include a description of and the value of each in-kind  1493
contribution received at that activity from any person who made  1494
one or more such contributions whose aggregate value exceeded  1495
two hundred fifty dollars and shall be listed separately,  1496
together with the expenses incurred and paid in connection with  1497
that activity. A campaign committee, political action committee,  1498
legislative campaign fund, political party, or political  1499
contributing entity shall keep records of contributions from  1500
each person in the amount of twenty-five dollars or less at one  1501
social or fund-raising activity and contributions from amounts  1502
deducted under section 3599.031 of the Revised Code from the  1503
wages and salary of each employee in the amount of twenty-five  1504
dollars or less aggregated in a calendar year. No continuing  1505
association that is recognized by a state or local committee of  1506
H. B. No. 747  Page 54
As Introduced
a political party as an auxiliary of the party and that makes a  1507
contribution from funds derived solely from regular dues paid by  1508
members of the auxiliary shall be required to list the name or  1509
address of any members who paid those dues.  1510
       Contributions that are other income shall be itemized  1511
separately from all other contributions. The information  1512
required under division (B)(4) of this section shall be provided  1513
for all other income itemized. As used in this paragraph, "other  1514
income" means a loan, investment income, or interest income.  1515
       (f) In the case of a campaign committee of a state elected  1516
officer, if a person doing business with the state elected  1517
officer in the officer's official capacity makes a contribution  1518
to the campaign committee of that officer, the information  1519
required under division (B)(4) of this section in regard to that  1520
contribution, which shall be filed together with and considered  1521
a part of the committee's statement of contributions as required  1522
under division (A) of this section but shall be filed on a  1523
separate form provided by the secretary of state. As used in  1524
this division:  1525
       (i) "State elected officer" has the same meaning as in  1526
section 3517.092 of the Revised Code.  1527
       (ii) "Person doing business" means a person or an officer  1528
of an entity who enters into one or more contracts with a state  1529
elected officer or anyone authorized to enter into contracts on  1530
behalf of that officer to receive payments for goods or  1531
services, if the payments total, in the aggregate, more than  1532
five thousand dollars during a calendar year.  1533
       (5) A statement of expenditures which shall include the  1534
following information:  1535
H. B. No. 747  Page 55
As Introduced
        (a) The month, day, and year of the expenditure;  1536
        (b) The full name and address of each person, political  1537
party, campaign committee, legislative campaign fund, political  1538
action committee, or political contributing entity to whom the  1539
expenditure was made and the registration number assigned to the  1540
political action committee under division (D)(1) of this  1541
section;  1542
        (c) The object or purpose for which the expenditure was  1543
made;  1544
        (d) The amount of each expenditure.  1545
        (C)(1) The statement of contributions and expenditures  1546
shall be signed by the person completing the form. If a  1547
statement of contributions and expenditures is filed by  1548
electronic means of transmission pursuant to this section or  1549
section 3517.106 of the Revised Code, the electronic signature  1550
of the person who executes the statement and transmits the  1551
statement by electronic means of transmission, as provided in  1552
division (F) of section 3517.106 of the Revised Code, shall be  1553
attached to or associated with the statement and shall be  1554
binding on all persons and for all purposes under the campaign  1555
finance reporting law as if the signature had been handwritten  1556
in ink on a printed form.  1557
        (2) The person filing the statement, under penalty of  1558
election falsification, shall include with it a list of each  1559
anonymous contribution, the circumstances under which it was  1560
received, and the reason it cannot be attributed to a specific  1561
donor.  1562
        (3) Each statement of a campaign committee of a candidate  1563
who holds public office shall contain a designation of each  1564
H. B. No. 747  Page 56
As Introduced
contributor who is an employee in any unit or department under  1565
the candidate's direct supervision and control. In a space  1566
provided in the statement, the person filing the statement shall  1567
affirm that each such contribution was voluntarily made.  1568
       (4) A campaign committee that did not receive  1569
contributions or make expenditures in connection with the  1570
nomination or election of its candidate shall file a statement  1571
to that effect, on a form prescribed under this section and made  1572
under penalty of election falsification, on the date required in  1573
division (A)(2) of this section.  1574
       (5) The campaign committee of any person who attempts to  1575
become a candidate and who, for any reason, does not become  1576
certified in accordance with Title XXXV of the Revised Code for  1577
placement on the official ballot of a primary, general, or  1578
special election to be held in this state, and who, at any time  1579
prior to or after an election, receives contributions or makes  1580
expenditures, or has given consent for another to receive  1581
contributions or make expenditures, for the purpose of bringing  1582
about the person's nomination or election to public office,  1583
shall file the statement or statements prescribed by this  1584
section and a termination statement, if applicable. Division (C)  1585
(5) of this section does not apply to any person with respect to  1586
an election to the offices of member of a county or state  1587
central committee, presidential elector, or delegate to a  1588
national convention or conference of a political party.  1589
       (6)(a) The statements required to be filed under this  1590
section shall specify the balance in the hands of the campaign  1591
committee, political action committee, legislative campaign  1592
fund, political party, or political contributing entity and the  1593
disposition intended to be made of that balance.  1594
H. B. No. 747  Page 57
As Introduced
       (b) The secretary of state shall prescribe the form for  1595
all statements required to be filed under this section and shall  1596
furnish the forms to the boards of elections in the several  1597
counties. The boards of elections shall supply printed copies of  1598
those forms without charge. The secretary of state shall  1599
prescribe the appropriate methodology, protocol, and data file  1600
structure for statements required or permitted to be filed by  1601
electronic means of transmission to the secretary of state or a  1602
board of elections under division (A) of this section, division  1603
(E) of section 3517.106, division (D) of section 3517.1011,  1604
division (B) of section 3517.1012, division (C) of section  1605
3517.1013, and divisions (D) and (I) of section 3517.1014 of the  1606
Revised Code. Subject to division (A) of this section, division  1607
(E) of section 3517.106, division (D) of section 3517.1011,  1608
division (B) of section 3517.1012, division (C) of section  1609
3517.1013, and divisions (D) and (I) of section 3517.1014 of the  1610
Revised Code, the statements required to be stored on computer  1611
by the secretary of state under division (B) of section 3517.106  1612
of the Revised Code shall be filed in whatever format the  1613
secretary of state considers necessary to enable the secretary  1614
of state to store the information contained in the statements on  1615
computer. Any such format shall be of a type and nature that is  1616
readily available to whoever is required to file the statements  1617
in that format.  1618
       (c) The secretary of state shall assess the need for  1619
training regarding the filing of campaign finance statements by  1620
electronic means of transmission and regarding associated  1621
technologies for candidates, campaign committees, political  1622
action committees, legislative campaign funds, political  1623
parties, or political contributing entities, for individuals,  1624
partnerships, or other entities, for persons making  1625
H. B. No. 747  Page 58
As Introduced
disbursements to pay the direct costs of producing or airing  1626
electioneering communications, or for treasurers of transition  1627
funds, required or permitted to file statements by electronic  1628
means of transmission under this section or section 3517.105,  1629
3517.106, 3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the  1630
Revised Code. If, in the opinion of the secretary of state,  1631
training in these areas is necessary, the secretary of state  1632
shall arrange for the provision of voluntary training programs  1633
for candidates, campaign committees, political action  1634
committees, legislative campaign funds, political parties, or  1635
political contributing entities, for individuals, partnerships,  1636
and other entities, for persons making disbursements to pay the  1637
direct costs of producing or airing electioneering  1638
communications, or for treasurers of transition funds, as  1639
appropriate.  1640
       (7) Each monthly statement and each two-business-day  1641
statement required by division (A) of this section shall contain  1642
the information required by divisions (B)(1) to (4), (C)(2),  1643
and, if appropriate, (C)(3) of this section. Each statement  1644
shall be signed as required by division (C)(1) of this section.  1645
       (D)(1)(a) Prior to receiving a contribution or making an  1646
expenditure, every campaign committee, political action  1647
committee, legislative campaign fund, political party, or  1648
political contributing entity shall appoint a treasurer and  1649
shall file, on a form prescribed by the secretary of state, a  1650
designation of that appointment, including the full name and  1651
address of the treasurer and of the campaign committee,  1652
political action committee, legislative campaign fund, political  1653
party, or political contributing entity. That designation shall  1654
be filed with the official with whom the campaign committee,  1655
political action committee, legislative campaign fund, political  1656
H. B. No. 747  Page 59
As Introduced
party, or political contributing entity is required to file  1657
statements under section 3517.11 of the Revised Code. The name  1658
of a campaign committee shall include at least the last name of  1659
the campaign committee's candidate. If two or more candidates  1660
are the beneficiaries of a single campaign committee under  1661
division (B) of section 3517.081 of the Revised Code, the name  1662
of the campaign committee shall include at least the last name  1663
of each candidate who is a beneficiary of that campaign  1664
committee. The secretary of state shall assign a registration  1665
number to each political action committee that files a  1666
designation of the appointment of a treasurer under this  1667
division if the political action committee is required by  1668
division (A)(1) of section 3517.11 of the Revised Code to file  1669
the statements prescribed by this section with the secretary of  1670
state.  1671
       (b) The secretary of state shall not accept for filing a  1672
designation of treasurer of a political action committee or  1673
political contributing entity if, in the opinion of the  1674
secretary of state, the name of the political action committee  1675
or political contributing entity would lead a reasonable person  1676
to believe that the political action committee or political  1677
contributing entity acts on behalf of or represents a county  1678
political party, unless the designation is accompanied by a  1679
written statement, signed by the chairperson of the county  1680
political party's executive committee, granting the political  1681
action committee or political contributing entity permission to  1682
act on behalf of or represent the county political party.  1683
       (2) The treasurer appointed under division (D)(1) of this  1684
section shall keep a strict account of all contributions, from  1685
whom received and the purpose for which they were disbursed.  1686
H. B. No. 747  Page 60
As Introduced
       (3)(a) Except as otherwise provided in section 3517.108 of  1687
the Revised Code, a campaign committee shall deposit all  1688
monetary contributions received by the committee into an account  1689
separate from a personal or business account of the candidate or  1690
campaign committee.  1691
       (b) A political action committee shall deposit all  1692
monetary contributions received by the committee into an account  1693
separate from all other funds.  1694
       (c) A state or county political party may establish a  1695
state candidate fund that is separate from all other funds. A  1696
state or county political party may deposit into its state  1697
candidate fund any amounts of monetary contributions that are  1698
made to or accepted by the political party subject to the  1699
applicable limitations, if any, prescribed in section 3517.102  1700
of the Revised Code. A state or county political party shall  1701
deposit all other monetary contributions received by the party  1702
into one or more accounts that are separate from its state  1703
candidate fund.  1704
       (d) Each state political party shall have only one  1705
legislative campaign fund for each house of the general  1706
assembly. Each such fund shall be separate from any other funds  1707
or accounts of that state party. A legislative campaign fund is  1708
authorized to receive contributions and make expenditures for  1709
the primary purpose of furthering the election of candidates who  1710
are members of that political party to the house of the general  1711
assembly with which that legislative campaign fund is  1712
associated. Each legislative campaign fund shall be administered  1713
and controlled in a manner designated by the caucus. As used in  1714
this division, "caucus" has the same meaning as in section  1715
3517.01 of the Revised Code and includes, as an ex officio  1716
H. B. No. 747  Page 61
As Introduced
member, the chairperson of the state political party with which  1717
the caucus is associated or that chairperson's designee.  1718
       (4) Every expenditure in excess of twenty-five dollars  1719
shall be vouched for by a receipted bill, stating the purpose of  1720
the expenditure, that shall be filed with the statement of  1721
expenditures. A canceled check with a notation of the purpose of  1722
the expenditure is a receipted bill for purposes of division (D)  1723
(4) of this section.  1724
       (5) The secretary of state or the board of elections, as  1725
the case may be, shall issue a receipt for each statement filed  1726
under this section and shall preserve a copy of the receipt for  1727
a period of at least six years. All statements filed under this  1728
section shall be open to public inspection in the office where  1729
they are filed and shall be carefully preserved for a period of  1730
at least six years after the year in which they are filed.  1731
       (6) The secretary of state, by rule adopted pursuant to  1732
section 3517.23 of the Revised Code, shall prescribe both of the  1733
following:  1734
       (a) The manner of immediately acknowledging, with date and  1735
time received, and preserving the receipt of statements that are  1736
transmitted by electronic means of transmission to the secretary  1737
of state or a board of elections pursuant to this section or  1738
section 3517.106, 3517.1011, 3517.1012, 3517.1013, or 3517.1014  1739
of the Revised Code;  1740
       (b) The manner of preserving the contribution and  1741
expenditure, contribution and disbursement, deposit and  1742
disbursement, gift and disbursement, or donation and  1743
disbursement information in the statements described in division  1744
(D)(6)(a) of this section. The secretary of state shall preserve  1745
H. B. No. 747  Page 62
As Introduced
the contribution and expenditure, contribution and disbursement,  1746
deposit and disbursement, gift and disbursement, or donation and  1747
disbursement information in those statements for at least ten  1748
years after the year in which they are filed by electronic means  1749
of transmission.  1750
       (7)(a) The secretary of state, pursuant to division (G) of  1751
section 3517.106 of the Revised Code, shall make available  1752
online to the public through the internet the contribution and  1753
expenditure, contribution and disbursement, deposit and  1754
disbursement, gift and disbursement, or donation and  1755
disbursement information in all of the following documents:  1756
       (i) All statements, all addenda, amendments, or other  1757
corrections to statements, and all amended statements filed with  1758
the secretary of state by electronic or other means of  1759
transmission under this section, division (B)(2)(b) or (C)(2)(b)  1760
of section 3517.105, or section 3517.106, 3517.1011, 3517.1012,  1761
3517.1013, 3517.1014, or 3517.11 of the Revised Code;  1762
       (ii) All statements filed with a board of elections by  1763
electronic means of transmission, and all addenda, amendments,  1764
corrections, and amended versions of those statements, filed  1765
with the board under this section, division (B)(2)(b) or (C)(2)  1766
(b) of section 3517.105, or section 3517.106, 3517.1012, or  1767
3517.11 of the Revised Code.  1768
       (b) The secretary of state may remove the information from  1769
the internet after a reasonable period of time.  1770
       (E)(1) Any person, political party, campaign committee,  1771
legislative campaign fund, political action committee, or  1772
political contributing entity that makes a contribution in  1773
connection with the nomination or election of any candidate or  1774
H. B. No. 747  Page 63
As Introduced
in connection with any ballot issue or question at any election  1775
held or to be held in this state shall provide its full name and  1776
address to the recipient of the contribution at the time the  1777
contribution is made. The political action committee also shall  1778
provide the registration number assigned to the committee under  1779
division (D)(1) of this section to the recipient of the  1780
contribution at the time the contribution is made.  1781
       (2) Any individual who makes a contribution that exceeds  1782
one hundred dollars to a political action committee, political  1783
contributing entity, legislative campaign fund, or political  1784
party or to a campaign committee of a statewide candidate or  1785
candidate for the office of member of the general assembly shall  1786
provide the name of the individual's current employer, if any,  1787
or, if the individual is self-employed, the individual's  1788
occupation and the name of the individual's business, if any, to  1789
the recipient of the contribution at the time the contribution  1790
is made. Sections 3599.39 and 3599.40 of the Revised Code do not  1791
apply to division (E)(2) of this section.  1792
       (3) If a campaign committee shows that it has exercised  1793
its best efforts to obtain, maintain, and submit the information  1794
required under divisions (B)(4)(b)(ii) and (iii) of this  1795
section, that committee is considered to have met the  1796
requirements of those divisions. A campaign committee shall not  1797
be considered to have exercised its best efforts unless, in  1798
connection with written solicitations, it regularly includes a  1799
written request for the information required under division (B)  1800
(4)(b)(ii) of this section from the contributor or the  1801
information required under division (B)(4)(b)(iii) of this  1802
section from whoever transmits the contribution.  1803
       (4) Any check that a political action committee uses to  1804
H. B. No. 747  Page 64
As Introduced
make a contribution or an expenditure shall contain the full  1805
name and address of the committee and the registration number  1806
assigned to the committee under division (D)(1) of this section.  1807
       (F) As used in this section:  1808
       (1)(a) Except as otherwise provided in division (F)(1) of  1809
this section, "address" means all of the following if they  1810
exist: apartment number, street, road, or highway name and  1811
number, rural delivery route number, city or village, state, and  1812
zip code as used in a person's post-office address, but not  1813
post-office box.  1814
       (b) Except as otherwise provided in division (F)(1) of  1815
this section, if an address is required in this section, a post-  1816
office box and office, room, or suite number may be included in  1817
addition to, but not in lieu of, an apartment, street, road, or  1818
highway name and number.  1819
       (c) If an address is required in this section, a campaign  1820
committee, political action committee, legislative campaign  1821
fund, political party, or political contributing entity may use  1822
the business or residence address of its treasurer or deputy  1823
treasurer. The post-office box number of the campaign committee,  1824
political action committee, legislative campaign fund, political  1825
party, or political contributing entity may be used in addition  1826
to that address.  1827
       (d) For the sole purpose of a campaign committee's  1828
reporting of contributions on a statement of contributions  1829
received under division (B)(4) of this section, "address" has  1830
one of the following meanings at the option of the campaign  1831
committee:  1832
       (i) The same meaning as in division (F)(1)(a) of this  1833
H. B. No. 747  Page 65
As Introduced
section;  1834
       (ii) All of the following, if they exist: the  1835
contributor's post-office box number and city or village, state,  1836
and zip code as used in the contributor's post-office address.  1837
       (e) As used with regard to the reporting under this  1838
section of any expenditure, "address" means all of the following  1839
if they exist: apartment number, street, road, or highway name  1840
and number, rural delivery route number, city or village, state,  1841
and zip code as used in a person's post-office address, or post-  1842
office box. If an address concerning any expenditure is required  1843
in this section, a campaign committee, political action  1844
committee, legislative campaign fund, political party, or  1845
political contributing entity may use the business or residence  1846
address of its treasurer or deputy treasurer or its post-office  1847
box number.  1848
       (2) "Statewide candidate" means the joint candidates for  1849
the offices of governor and lieutenant governor or a candidate  1850
for the office of secretary of state, auditor of state,  1851
treasurer of state, attorney general, tax commissioner, chief  1852
justice of the supreme court, or justice of the supreme court.  1853
       (3) "Candidate for county office" means a candidate for  1854
the office of county auditor, county treasurer, clerk of the  1855
court of common pleas, judge of the court of common pleas,  1856
sheriff, county recorder, county engineer, county commissioner,  1857
prosecuting attorney, or coroner.  1858
       (G) An independent expenditure shall be reported whenever  1859
and in the same manner that an expenditure is required to be  1860
reported under this section and shall be reported pursuant to  1861
division (B)(2)(a) or (C)(2)(a) of section 3517.105 of the  1862
H. B. No. 747  Page 66
As Introduced
Revised Code.  1863
       (H)(1) Except as otherwise provided in division (H)(2) of  1864
this section, if, during the combined pre-election and  1865
postelection reporting periods for an election, a campaign  1866
committee has received contributions of five hundred dollars or  1867
less and has made expenditures in the total amount of five  1868
hundred dollars or less, it may file a statement to that effect,  1869
under penalty of election falsification, in lieu of the  1870
statement required by division (A)(2) of this section. The  1871
statement shall indicate the total amount of contributions  1872
received and the total amount of expenditures made during those  1873
combined reporting periods.  1874
       (2) In the case of a successful candidate at a primary  1875
election, if either the total contributions received by or the  1876
total expenditures made by the candidate's campaign committee  1877
during the preprimary, postprimary, pregeneral, and postgeneral  1878
election periods combined equal more than five hundred dollars,  1879
the campaign committee may file the statement under division (H)  1880
(1) of this section only for the primary election. The first  1881
statement that the campaign committee files in regard to the  1882
general election shall reflect all contributions received and  1883
all expenditures made during the preprimary and postprimary  1884
election periods.  1885
       (3) Divisions (H)(1) and (2) of this section do not apply  1886
if a campaign committee receives contributions or makes  1887
expenditures prior to the first day of January of the year of  1888
the election at which the candidate seeks nomination or election  1889
to office or if the campaign committee does not file a  1890
termination statement with its postprimary election statement in  1891
the case of an unsuccessful primary election candidate or with  1892
H. B. No. 747  Page 67
As Introduced
its postgeneral election statement in the case of other  1893
candidates.  1894
       (I) In the case of a contribution made by a partner of a  1895
partnership or an owner or a member of another unincorporated  1896
business from any funds of the partnership or other  1897
unincorporated business, all of the following apply:  1898
       (1) The recipient of the contribution shall report the  1899
contribution by listing both the partnership or other  1900
unincorporated business and the name of the partner, owner, or  1901
member making the contribution.  1902
       (2) In reporting the contribution, the recipient of the  1903
contribution shall be entitled to conclusively rely upon the  1904
information provided by the partnership or other unincorporated  1905
business, provided that the information includes one of the  1906
following:  1907
       (a) The name of each partner, owner, or member as of the  1908
date of the contribution or contributions, and a statement that  1909
the total contributions are to be allocated equally among all of  1910
the partners, owners, or members; or  1911
       (b) The name of each partner, owner, or member as of the  1912
date of the contribution or contributions who is participating  1913
in the contribution or contributions, and a statement that the  1914
contribution or contributions are to be allocated to those  1915
individuals in accordance with the information provided by the  1916
partnership or other unincorporated business to the recipient of  1917
the contribution.  1918
       (3) For purposes of section 3517.102 of the Revised Code,  1919
the contribution shall be considered to have been made by the  1920
partner, owner, or member reported under division (I)(1) of this  1921
H. B. No. 747  Page 68
As Introduced
section.  1922
       (4) No contribution from a partner of a partnership or an  1923
owner or a member of another unincorporated business shall be  1924
accepted from any funds of the partnership or other  1925
unincorporated business unless the recipient reports the  1926
contribution under division (I)(1) of this section together with  1927
the information provided under division (I)(2) of this section.  1928
       (5) No partnership or other unincorporated business shall  1929
make a contribution or contributions solely in the name of the  1930
partnership or other unincorporated business.  1931
       (6) As used in division (I) of this section, "partnership  1932
or other unincorporated business" includes, but is not limited  1933
to, a cooperative, a sole proprietorship, a general partnership,  1934
a limited partnership, a limited partnership association, a  1935
limited liability partnership, and a limited liability company.  1936
       (J) A candidate shall have only one campaign committee at  1937
any given time for all of the offices for which the person is a  1938
candidate or holds office.  1939
       (K)(1) In addition to filing a designation of appointment  1940
of a treasurer under division (D)(1) of this section, the  1941
campaign committee of any candidate for an elected municipal  1942
office that pays an annual amount of compensation of five  1943
thousand dollars or less, the campaign committee of any  1944
candidate for member of a board of education or the campaign  1945
committee of any candidate for township trustee or township  1946
fiscal officer may sign, under penalty of election  1947
falsification, a certificate attesting that the committee will  1948
not accept contributions during an election period that exceed  1949
in the aggregate two thousand dollars from all contributors and  1950
H. B. No. 747  Page 69
As Introduced
one hundred dollars from any one individual, and that the  1951
campaign committee will not make expenditures during an election  1952
period that exceed in the aggregate two thousand dollars.  1953
       The certificate shall be on a form prescribed by the  1954
secretary of state and shall be filed not later than ten days  1955
after the candidate files a declaration of candidacy and  1956
petition, a nominating petition, or a declaration of intent to  1957
be a write-in candidate.  1958
       (2) Except as otherwise provided in division (K)(3) of  1959
this section, a campaign committee that files a certificate  1960
under division (K)(1) of this section is not required to file  1961
the statements required by division (A) of this section.  1962
       (3) If, after filing a certificate under division (K)(1)  1963
of this section, a campaign committee exceeds any of the  1964
limitations described in that division during an election  1965
period, the certificate is void and thereafter the campaign  1966
committee shall file the statements required by division (A) of  1967
this section. If the campaign committee has not previously filed  1968
a statement, then on the first statement the campaign committee  1969
is required to file under division (A) of this section after the  1970
committee's certificate is void, the committee shall report all  1971
contributions received and expenditures made from the time the  1972
candidate filed the candidate's declaration of candidacy and  1973
petition, nominating petition, or declaration of intent to be a  1974
write-in candidate.  1975
       (4) As used in division (K) of this section, "election  1976
period" means the period of time beginning on the day a person  1977
files a declaration of candidacy and petition, nominating  1978
petition, or declaration of intent to be a write-in candidate  1979
through the day of the election at which the person seeks  1980
H. B. No. 747  Page 70
As Introduced
nomination to office if the person is not elected to office, or,  1981
if the candidate was nominated in a primary election, the day of  1982
the election at which the candidate seeks office.  1983
       (L) A political contributing entity that receives  1984
contributions from the dues, membership fees, or other  1985
assessments of its members or from its officers, shareholders,  1986
and employees may report the aggregate amount of contributions  1987
received from those contributors and the number of individuals  1988
making those contributions, for each filing period under  1989
divisions (A)(1), (2), (3), and (4) of this section, rather than  1990
reporting information as required under division (B)(4) of this  1991
section, including, when applicable, the name of the current  1992
employer, if any, of a contributor whose contribution exceeds  1993
one hundred dollars or, if such a contributor is self-employed,  1994
the contributor's occupation and the name of the contributor's  1995
business, if any. Division (B)(4) of this section applies to a  1996
political contributing entity with regard to contributions it  1997
receives from all other contributors.  1998
       Sec. 3517.102. (A) Except as otherwise provided in section  1999
3517.103 of the Revised Code, as used in this section and  2000
sections 3517.103 and 3517.104 of the Revised Code:  2001
       (1) "Candidate" has the same meaning as in section 3517.01  2002
of the Revised Code but includes only candidates for the offices  2003
of governor, lieutenant governor, secretary of state, auditor of  2004
state, treasurer of state, attorney general, tax commissioner,  2005
member of the general assembly, chief justice of the supreme  2006
court, and justice of the supreme court.  2007
       (2) "Statewide candidate" or "any one statewide candidate"  2008
means the joint candidates for the offices of governor and  2009
lieutenant governor or a candidate for the office of secretary  2010
H. B. No. 747  Page 71
As Introduced
of state, auditor of state, treasurer of state, attorney  2011
general, tax commissioner, chief justice of the supreme court,  2012
or justice of the supreme court.  2013
       (3) "Senate candidate" means a candidate for the office of  2014
state senator.  2015
       (4) "House candidate" means a candidate for the office of  2016
state representative.  2017
       (5)(a) "Primary election period" for a candidate begins on  2018
the beginning date of the candidate's pre-filing period  2019
specified in division (A)(9) of section 3517.109 of the Revised  2020
Code and ends on the day of the primary election.  2021
       (b) In regard to any candidate, the "general election  2022
period" begins on the day after the primary election immediately  2023
preceding the general election at which the candidate seeks an  2024
office specified in division (A)(1) of this section and ends on  2025
the thirty-first day of December following that general  2026
election.  2027
       (6) "State candidate fund" means the state candidate fund  2028
established by a state or county political party under division  2029
(D)(3)(c) of section 3517.10 of the Revised Code.  2030
       (7) "Postgeneral election statement" means the statement  2031
filed under division (A)(2) of section 3517.10 of the Revised  2032
Code by the campaign committee of a candidate after the general  2033
election in which the candidate ran for office or filed by  2034
legislative campaign fund after the general election in an even-  2035
numbered year.  2036
       (8) "Contribution" means any contribution that is required  2037
to be reported in the statement of contributions under section  2038
3517.10 of the Revised Code.  2039
H. B. No. 747  Page 72
As Introduced
       (9)(a) Except as otherwise provided in division (A)(9)(b)  2040
of this section, "designated state campaign committee" means:  2041
       (i) In the case of contributions to or from a state  2042
political party, a campaign committee of a statewide candidate,  2043
statewide officeholder, senate candidate, house candidate, or  2044
member of the general assembly.  2045
       (ii) In the case of contributions to or from a county  2046
political party, a campaign committee of a senate candidate or  2047
house candidate whose candidacy is to be submitted to some or  2048
all of the electors in that county, or member of the general  2049
assembly whose district contains all or part of that county.  2050
       (iii) In the case of contributions to or from a  2051
legislative campaign fund, a campaign committee of any of the  2052
following:  2053
       (I) A senate or house candidate who, if elected, will be a  2054
member of the same party that established the legislative  2055
campaign fund and the same house with which the legislative  2056
campaign fund is associated;  2057
       (II) A state senator or state representative who is a  2058
member of the same party that established the legislative  2059
campaign fund and the same house with which the legislative  2060
campaign fund is associated.  2061
       (b) A campaign committee is no longer a "designated state  2062
campaign committee" after the campaign committee's candidate  2063
changes the designation of treasurer required to be filed under  2064
division (D)(1) of section 3517.10 of the Revised Code to  2065
indicate that the person intends to be a candidate for, or  2066
becomes a candidate for nomination or election to, any office  2067
that, if elected, would not qualify that candidate's campaign  2068
H. B. No. 747  Page 73
As Introduced
committee as a "designated state campaign committee" under  2069
division (A)(9)(a) of this section.  2070
        (B)(1)(a) No individual who is seven years of age or older  2071
shall make a contribution or contributions aggregating more  2072
than:  2073
        (i) Ten thousand dollars to the campaign committee of any  2074
one statewide candidate in a primary election period or in a  2075
general election period;  2076
        (ii) Ten thousand dollars to the campaign committee of any  2077
one senate candidate in a primary election period or in a  2078
general election period;  2079
        (iii) Ten thousand dollars to the campaign committee of  2080
any one house candidate in a primary election period or in a  2081
general election period;  2082
        (iv) Ten thousand dollars to a county political party of  2083
the county in which the individual's designated Ohio residence  2084
is located for the party's state candidate fund in a calendar  2085
year;  2086
        (v) Fifteen thousand dollars to any one legislative  2087
campaign fund in a calendar year;  2088
        (vi) Thirty thousand dollars to any one state political  2089
party for the party's state candidate fund in a calendar year;  2090
        (vii) Ten thousand dollars to any one political action  2091
committee in a calendar year;  2092
        (viii) Ten thousand dollars to any one political  2093
contributing entity in a calendar year.  2094
        (b) No individual shall make a contribution or  2095
H. B. No. 747  Page 74
As Introduced
contributions to the state candidate fund of a county political  2096
party of any county other than the county in which the  2097
individual's designated Ohio residence is located.  2098
       (c) No individual who is under seven years of age shall  2099
make any contribution.  2100
       (2)(a) Subject to division (D)(1) of this section, no  2101
political action committee shall make a contribution or  2102
contributions aggregating more than:  2103
       (i) Ten thousand dollars to the campaign committee of any  2104
one statewide candidate in a primary election period or in a  2105
general election period;  2106
       (ii) Ten thousand dollars to the campaign committee of any  2107
one senate candidate in a primary election period or in a  2108
general election period;  2109
       (iii) Ten thousand dollars to the campaign committee of  2110
any one house candidate in a primary election period or in a  2111
general election period;  2112
       (iv) Fifteen thousand dollars to any one legislative  2113
campaign fund in a calendar year;  2114
       (v) Thirty thousand dollars to any one state political  2115
party for the party's state candidate fund in a calendar year;  2116
       (vi) Ten thousand dollars to another political action  2117
committee or to a political contributing entity in a calendar  2118
year. This division does not apply to a political action  2119
committee that makes a contribution to a political action  2120
committee or a political contributing entity affiliated with it.  2121
For purposes of this division, a political action committee is  2122
affiliated with another political action committee or with a  2123
H. B. No. 747  Page 75
As Introduced
political contributing entity if they are both established,  2124
financed, maintained, or controlled by, or if they are, the same  2125
corporation, organization, labor organization, continuing  2126
association, or other person, including any parent, subsidiary,  2127
division, or department of that corporation, organization, labor  2128
organization, continuing association, or other person.  2129
       (b) No political action committee shall make a  2130
contribution or contributions to a county political party for  2131
the party's state candidate fund.  2132
       (3) No campaign committee shall make a contribution or  2133
contributions aggregating more than:  2134
       (a) Ten thousand dollars to the campaign committee of any  2135
one statewide candidate in a primary election period or in a  2136
general election period;  2137
       (b) Ten thousand dollars to the campaign committee of any  2138
one senate candidate in a primary election period or in a  2139
general election period;  2140
       (c) Ten thousand dollars to the campaign committee of any  2141
one house candidate in a primary election period or in a general  2142
election period;  2143
       (d) Ten thousand dollars to any one political action  2144
committee in a calendar year;  2145
       (e) Ten thousand dollars to any one political contributing  2146
entity in a calendar year.  2147
       (4)(a) Subject to division (D)(3) of this section, no  2148
political party shall make a contribution or contributions  2149
aggregating more than ten thousand dollars to any one political  2150
action committee or to any one political contributing entity in  2151
H. B. No. 747  Page 76
As Introduced
a calendar year.  2152
       (b) No county political party shall make a contribution or  2153
contributions to another county political party.  2154
       (5)(a) Subject to division (B)(5)(b) of this section, no  2155
campaign committee, other than a designated state campaign  2156
committee, shall make a contribution or contributions  2157
aggregating in a calendar year more than:  2158
       (i) Thirty thousand dollars to any one state political  2159
party for the party's state candidate fund;  2160
       (ii) Fifteen thousand dollars to any one legislative  2161
campaign fund;  2162
       (iii) Ten thousand dollars to any one county political  2163
party for the party's state candidate fund.  2164
       (b) No campaign committee shall make a contribution or  2165
contributions to a county political party for the party's state  2166
candidate fund unless one of the following applies:  2167
       (i) The campaign committee's candidate will appear on a  2168
ballot in that county.  2169
       (ii) The campaign committee's candidate is the holder of  2170
an elected public office that represents all or part of the  2171
population of that county at the time the contribution is made.  2172
       (6)(a) No state candidate fund of a county political party  2173
shall make a contribution or contributions, except a  2174
contribution or contributions to a designated state campaign  2175
committee, in a primary election period or a general election  2176
period, aggregating more than:  2177
       (i) Two hundred fifty thousand dollars to the campaign  2178
H. B. No. 747  Page 77
As Introduced
committee of any one statewide candidate;  2179
       (ii) Ten thousand dollars to the campaign committee of any  2180
one senate candidate;  2181
       (iii) Ten thousand dollars to the campaign committee of  2182
any one house candidate.  2183
       (b)(i) No state candidate fund of a state or county  2184
political party shall make a transfer or a contribution or  2185
transfers or contributions of cash or cash equivalents to a  2186
designated state campaign committee in a primary election period  2187
or in a general election period aggregating more than:  2188
       (I) Five hundred thousand dollars to the campaign  2189
committee of any one statewide candidate;  2190
       (II) One hundred thousand dollars to the campaign  2191
committee of any one senate candidate;  2192
       (III) Fifty thousand dollars to the campaign committee of  2193
any one house candidate.  2194
       (ii) No legislative campaign fund shall make a transfer or  2195
a contribution or transfers or contributions of cash or cash  2196
equivalents to a designated state campaign committee aggregating  2197
more than:  2198
       (I) Fifty thousand dollars in a primary election period or  2199
one hundred thousand dollars in a general election period to the  2200
campaign committee of any one senate candidate;  2201
       (II) Twenty-five thousand dollars in a primary election  2202
period or fifty thousand dollars in a general election period to  2203
the campaign committee of any one house candidate.  2204
       (iii) As used in divisions (B)(6)(b) and (C)(6) of this  2205
H. B. No. 747  Page 78
As Introduced
section, "transfer or contribution of cash or cash equivalents"  2206
does not include any in-kind contributions.  2207
       (c) A county political party that has no state candidate  2208
fund and that is located in a county having a population of less  2209
than one hundred fifty thousand may make one or more  2210
contributions from other accounts to any one statewide candidate  2211
or to any one designated state campaign committee that do not  2212
exceed, in the aggregate, two thousand five hundred dollars in  2213
any primary election period or general election period.  2214
       (d) No legislative campaign fund shall make a  2215
contribution, other than to a designated state campaign  2216
committee or to the state candidate fund of a political party.  2217
       (7)(a) Subject to division (D)(1) of this section, no  2218
political contributing entity shall make a contribution or  2219
contributions aggregating more than:  2220
       (i) Ten thousand dollars to the campaign committee of any  2221
one statewide candidate in a primary election period or in a  2222
general election period;  2223
       (ii) Ten thousand dollars to the campaign committee of any  2224
one senate candidate in a primary election period or in a  2225
general election period;  2226
       (iii) Ten thousand dollars to the campaign committee of  2227
any one house candidate in a primary election period or in a  2228
general election period;  2229
       (iv) Fifteen thousand dollars to any one legislative  2230
campaign fund in a calendar year;  2231
       (v) Thirty thousand dollars to any one state political  2232
party for the party's state candidate fund in a calendar year;  2233
H. B. No. 747  Page 79
As Introduced
       (vi) Ten thousand dollars to another political  2234
contributing entity or to a political action committee in a  2235
calendar year. This division does not apply to a political  2236
contributing entity that makes a contribution to a political  2237
contributing entity or a political action committee affiliated  2238
with it. For purposes of this division, a political contributing  2239
entity is affiliated with another political contributing entity  2240
or with a political action committee if they are both  2241
established, financed, maintained, or controlled by, or if they  2242
are, the same corporation, organization, labor organization,  2243
continuing association, or other person, including any parent,  2244
subsidiary, division, or department of that corporation,  2245
organization, labor organization, continuing association, or  2246
other person.  2247
       (b) No political contributing entity shall make a  2248
contribution or contributions to a county political party for  2249
the party's state candidate fund.  2250
       (C)(1)(a) Subject to division (D)(1) of this section, no  2251
campaign committee of a statewide candidate shall do any of the  2252
following:  2253
       (i) Knowingly accept a contribution or contributions from  2254
any individual who is under seven years of age;  2255
       (ii) Accept a contribution or contributions aggregating  2256
more than ten thousand dollars from any one individual who is  2257
seven years of age or older, from any one political action  2258
committee, from any one political contributing entity, or from  2259
any one other campaign committee in a primary election period or  2260
in a general election period;  2261
       (iii) Accept a contribution or contributions aggregating  2262
H. B. No. 747  Page 80
As Introduced
more than two hundred fifty thousand dollars from any one or  2263
combination of state candidate funds of county political parties  2264
in a primary election period or in a general election period.  2265
       (b) No campaign committee of a statewide candidate shall  2266
accept a contribution or contributions aggregating more than two  2267
thousand five hundred dollars in a primary election period or in  2268
a general election period from a county political party that has  2269
no state candidate fund and that is located in a county having a  2270
population of less than one hundred fifty thousand.  2271
       (2)(a) Subject to division (D)(1) of this section and  2272
except for a designated state campaign committee, no campaign  2273
committee of a senate candidate shall do either of the  2274
following:  2275
       (i) Knowingly accept a contribution or contributions from  2276
any individual who is under seven years of age;  2277
       (ii) Accept a contribution or contributions aggregating  2278
more than ten thousand dollars from any one individual who is  2279
seven years of age or older, from any one political action  2280
committee, from any one political contributing entity, from any  2281
one state candidate fund of a county political party, or from  2282
any one other campaign committee in a primary election period or  2283
in a general election period.  2284
       (b) No campaign committee of a senate candidate shall  2285
accept a contribution or contributions aggregating more than two  2286
thousand five hundred dollars in a primary election period or in  2287
a general election period from a county political party that has  2288
no state candidate fund and that is located in a county having a  2289
population of less than one hundred fifty thousand.  2290
       (3)(a) Subject to division (D)(1) of this section and  2291
H. B. No. 747  Page 81
As Introduced
except for a designated state campaign committee, no campaign  2292
committee of a house candidate shall do either of the following:  2293
       (i) Knowingly accept a contribution or contributions from  2294
any individual who is under seven years of age;  2295
       (ii) Accept a contribution or contributions aggregating  2296
more than ten thousand dollars from any one individual who is  2297
seven years of age or older, from any one political action  2298
committee, from any one political contributing entity, from any  2299
one state candidate fund of a county political party, or from  2300
any one other campaign committee in a primary election period or  2301
in a general election period.  2302
       (b) No campaign committee of a house candidate shall  2303
accept a contribution or contributions aggregating more than two  2304
thousand five hundred dollars in a primary election period or in  2305
a general election period from a county political party that has  2306
no state candidate fund and that is located in a county having a  2307
population of less than one hundred fifty thousand.  2308
       (4)(a)(i) Subject to division (C)(4)(a)(ii) of this  2309
section and except for a designated state campaign committee, no  2310
county political party shall knowingly accept a contribution or  2311
contributions from any individual who is under seven years of  2312
age, or accept a contribution or contributions for the party's  2313
state candidate fund aggregating more than ten thousand dollars  2314
from any one individual whose designated Ohio residence is  2315
located within that county and who is seven years of age or  2316
older or from any one campaign committee in a calendar year.  2317
       (ii) Subject to division (D)(1) of this section, no county  2318
political party shall accept a contribution or contributions for  2319
the party's state candidate fund from any individual whose  2320
H. B. No. 747  Page 82
As Introduced
designated Ohio residence is located outside of that county and  2321
who is seven years of age or older, from any campaign committee  2322
unless the campaign committee's candidate will appear on a  2323
ballot in that county or unless the campaign committee's  2324
candidate is the holder of an elected public office that  2325
represents all or part of the population of that county at the  2326
time the contribution is accepted, or from any political action  2327
committee or any political contributing entity.  2328
       (iii) No county political party shall accept a  2329
contribution or contributions from any other county political  2330
party.  2331
       (b) Subject to division (D)(1) of this section, no state  2332
political party shall do either of the following:  2333
       (i) Knowingly accept a contribution or contributions from  2334
any individual who is under seven years of age;  2335
       (ii) Accept a contribution or contributions for the  2336
party's state candidate fund aggregating more than thirty  2337
thousand dollars from any one individual who is seven years of  2338
age or older, from any one political action committee, from any  2339
one political contributing entity, or from any one campaign  2340
committee, other than a designated state campaign committee, in  2341
a calendar year.  2342
       (5) Subject to division (D)(1) of this section, no  2343
legislative campaign fund shall do either of the following:  2344
       (a) Knowingly accept a contribution or contributions from  2345
any individual who is under seven years of age;  2346
       (b) Accept a contribution or contributions aggregating  2347
more than fifteen thousand dollars from any one individual who  2348
is seven years of age or older, from any one political action  2349
H. B. No. 747  Page 83
As Introduced
committee, from any one political contributing entity, or from  2350
any one campaign committee, other than a designated state  2351
campaign committee, in a calendar year.  2352
       (6)(a) No designated state campaign committee shall accept  2353
a transfer or contribution of cash or cash equivalents from a  2354
state candidate fund of a state political party aggregating in a  2355
primary election period or a general election period more than:  2356
       (i) Five hundred thousand dollars, in the case of a  2357
campaign committee of a statewide candidate;  2358
       (ii) One hundred thousand dollars, in the case of a  2359
campaign committee of a senate candidate;  2360
       (iii) Fifty thousand dollars, in the case of a campaign  2361
committee of a house candidate.  2362
       (b) No designated state campaign committee shall accept a  2363
transfer or contribution of cash or cash equivalents from a  2364
legislative campaign fund aggregating more than:  2365
       (i) Fifty thousand dollars in a primary election period or  2366
one hundred thousand dollars in a general election period, in  2367
the case of a campaign committee of a senate candidate;  2368
       (ii) Twenty-five thousand dollars in a primary election  2369
period or fifty thousand dollars in a general election period,  2370
in the case of a campaign committee of a house candidate.  2371
       (c) No campaign committee of a candidate for the office of  2372
member of the general assembly, including a designated state  2373
campaign committee, shall accept a transfer or contribution of  2374
cash or cash equivalents from any one or combination of state  2375
candidate funds of county political parties aggregating in a  2376
primary election period or a general election period more than:  2377
H. B. No. 747  Page 84
As Introduced
       (i) One hundred thousand dollars, in the case of a  2378
campaign committee of a senate candidate;  2379
       (ii) Fifty thousand dollars, in the case of a campaign  2380
committee of a house candidate.  2381
       (7)(a) Subject to division (D)(3) of this section, no  2382
political action committee and no political contributing entity  2383
shall do either of the following:  2384
       (i) Knowingly accept a contribution or contributions from  2385
any individual who is under seven years of age;  2386
       (ii) Accept a contribution or contributions aggregating  2387
more than ten thousand dollars from any one individual who is  2388
seven years of age or older, from any one campaign committee, or  2389
from any one political party in a calendar year.  2390
       (b) Subject to division (D)(1) of this section, no  2391
political action committee shall accept a contribution or  2392
contributions aggregating more than ten thousand dollars from  2393
another political action committee or from a political  2394
contributing entity in a calendar year. Subject to division (D)  2395
(1) of this section, no political contributing entity shall  2396
accept a contribution or contributions aggregating more than ten  2397
thousand dollars from another political contributing entity or  2398
from a political action committee in a calendar year. This  2399
division does not apply to a political action committee or  2400
political contributing entity that accepts a contribution from a  2401
political action committee or political contributing entity  2402
affiliated with it. For purposes of this division, a political  2403
action committee is affiliated with another political action  2404
committee or with a political contributing entity if they are  2405
both established, financed, maintained, or controlled by the  2406
H. B. No. 747  Page 85
As Introduced
same corporation, organization, labor organization, continuing  2407
association, or other person, including any parent, subsidiary,  2408
division, or department of that corporation, organization, labor  2409
organization, continuing association, or other person.  2410
       (D)(1)(a) For purposes of the limitations prescribed in  2411
division (B)(2) of this section and the limitations prescribed  2412
in divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this  2413
section, whichever is applicable, all contributions made by and  2414
all contributions accepted from political action committees that  2415
are established, financed, maintained, or controlled by, or that  2416
are, the same corporation, organization, labor organization,  2417
continuing association, or other person, including any parent,  2418
subsidiary, division, or department of that corporation,  2419
organization, labor organization, continuing association, or  2420
other person, are considered to have been made by or accepted  2421
from a single political action committee.  2422
       (b) For purposes of the limitations prescribed in division  2423
(B)(7) of this section and the limitations prescribed in  2424
divisions (C)(1), (2), (3), (4), (5), and (7)(b) of this  2425
section, whichever is applicable, all contributions made by and  2426
all contributions accepted from political contributing entities  2427
that are established, financed, maintained, or controlled by, or  2428
that are, the same corporation, organization, labor  2429
organization, continuing association, or other person, including  2430
any parent, subsidiary, division, or department of that  2431
corporation, organization, labor organization, continuing  2432
association, or other person, are considered to have been made  2433
by or accepted from a single political contributing entity.  2434
       (2) As used in divisions (B)(1)(a)(vii), (B)(3)(d), (B)(4)  2435
(a), and (C)(7) of this section, "political action committee"  2436
H. B. No. 747  Page 86
As Introduced
does not include a political action committee that is organized  2437
to support or oppose a ballot issue or question and that makes  2438
no contributions to or expenditures on behalf of a political  2439
party, campaign committee, legislative campaign fund, political  2440
action committee, or political contributing entity. As used in  2441
divisions (B)(1)(a)(viii), (B)(3)(e), (B)(4)(a), and (C)(7) of  2442
this section, "political contributing entity" does not include a  2443
political contributing entity that is organized to support or  2444
oppose a ballot issue or question and that makes no  2445
contributions to or expenditures on behalf of a political party,  2446
campaign committee, legislative campaign fund, political action  2447
committee, or political contributing entity.  2448
       (3) For purposes of the limitations prescribed in  2449
divisions (B)(4) and (C)(7)(a) of this section, all  2450
contributions made by and all contributions accepted from a  2451
national political party, a state political party, and a county  2452
political party are considered to have been made by or accepted  2453
from a single political party and shall be combined with each  2454
other to determine whether the limitations have been exceeded.  2455
       (E)(1) If a legislative campaign fund has kept a total  2456
amount of contributions exceeding one hundred fifty thousand  2457
dollars at the close of business on the seventh day before the  2458
postgeneral election statement is required to be filed under  2459
section 3517.10 of the Revised Code, the legislative campaign  2460
fund shall comply with division (E)(2) of this section.  2461
       (2)(a) Any legislative campaign fund that has kept a total  2462
amount of contributions in excess of the amount specified in  2463
division (E)(1) of this section at the close of business on the  2464
seventh day before the postgeneral election statement is  2465
required to be filed under section 3517.10 of the Revised Code  2466
H. B. No. 747  Page 87
As Introduced
shall dispose of the excess amount in the manner prescribed in  2467
division (E)(2)(b)(i), (ii), or (iii) of this section not later  2468
than ninety days after the day the postgeneral election  2469
statement is required to be filed under section 3517.10 of the  2470
Revised Code. Any legislative campaign fund that is required to  2471
dispose of an excess amount of contributions under this division  2472
shall file a statement on the ninetieth day after the  2473
postgeneral election statement is required to be filed under  2474
section 3517.10 of the Revised Code indicating the total amount  2475
of contributions the fund has at the close of business on the  2476
seventh day before the postgeneral election statement is  2477
required to be filed under section 3517.10 of the Revised Code  2478
and that the excess contributions were disposed of pursuant to  2479
this division and division (E)(2)(b) of this section. The  2480
statement shall be on a form prescribed by the secretary of  2481
state and shall contain any additional information the secretary  2482
of state considers necessary.  2483
       (b) Any legislative campaign fund that is required to  2484
dispose of an excess amount of contributions under division (E)  2485
(2) of this section shall dispose of that excess amount by doing  2486
any of the following:  2487
       (i) Giving the amount to the treasurer of state for  2488
deposit into the state treasury to the credit of the Ohio  2489
election integrity commission fund created by section 111.29 of  2490
the Revised Code;  2491
       (ii) Giving the amount to individuals who made  2492
contributions to that legislative campaign fund as a refund of  2493
all or part of their contributions;  2494
       (iii) Giving the amount to a corporation that is exempt  2495
from federal income taxation under subsection 501(a) and  2496
H. B. No. 747  Page 88
As Introduced
described in subsection 501(c) of the Internal Revenue Code.  2497
       (F)(1) No legislative campaign fund shall fail to file a  2498
statement required by division (E) of this section.  2499
       (2) No legislative campaign fund shall fail to dispose of  2500
excess contributions as required by division (E) of this  2501
section.  2502
       (G) Nothing in this section shall affect, be used in  2503
determining, or supersede a limitation on campaign contributions  2504
as provided for in the Federal Election Campaign Act.  2505
       Sec. 3517.103. (A) For purposes of this section:  2506
       (1) "Statewide candidate" means the joint candidates for  2507
the offices of governor and lieutenant governor or a candidate  2508
for the office of secretary of state, auditor of state,  2509
treasurer of state, or attorney general, or tax commissioner.  2510
       (2)(a) "Personal funds" means contributions to the  2511
campaign committee of a candidate by the candidate.  2512
       (b) A loan obtained by, guaranteed by, or for the benefit  2513
of a statewide candidate, senate candidate, or house candidate  2514
shall be considered "personal funds" subject to the provisions  2515
of this section to the extent that the loan is obtained or  2516
guaranteed by the candidate. A loan that is obtained or  2517
guaranteed and that is for the benefit of a statewide candidate,  2518
senate candidate, or house candidate shall not be considered  2519
"personal funds" for the purposes of this section but shall be  2520
considered to be a "contribution" for the purposes of this  2521
chapter if the loan is obtained or guaranteed by anyone other  2522
than the candidate.  2523
       (c) When a debt or other obligation incurred by a  2524
H. B. No. 747  Page 89
As Introduced
committee or by a candidate on behalf of the candidate's  2525
committee is to be paid from "personal funds," those funds are  2526
considered to be expended when the debt or other obligation is  2527
incurred, regardless of when it is paid.  2528
       (B)(1) Except as otherwise provided in division (B)(2) of  2529
this section, no statewide candidate or candidate for the office  2530
of member of the general assembly shall make an expenditure of  2531
personal funds to influence the results of an election for that  2532
candidate's nomination or election to office unless the personal  2533
funds are first deposited into the campaign fund of that  2534
candidate's campaign committee.  2535
       (2) A statewide candidate or candidate for the office of  2536
member of the general assembly may make an expenditure of  2537
personal funds without first depositing those funds into the  2538
campaign committee's funds as long as the aggregate total of  2539
those expenditures does not exceed five hundred dollars at any  2540
time during an election period. After the candidate's campaign  2541
committee reimburses the candidate for any direct expenditure of  2542
personal funds, the amount that was reimbursed is no longer  2543
included in the aggregate total of expenditures of personal  2544
funds subject to the five-hundred-dollar limit.  2545
       Sec. 3517.104. (A) In January of each odd-numbered year,  2546
the secretary of state, in accordance with this division and  2547
division (B) of this section, shall adjust each amount specified  2548
in section 3517.102, in division (B)(4)(e) of section 3517.10,  2549
and in division (B) of section 3517.101 of the Revised Code. The  2550
adjustment shall be based on the yearly average of the previous  2551
two years of the Consumer Price Index for All Urban Consumers or  2552
its successive equivalent, as determined by the United States  2553
department of labor, bureau of labor statistics, or its  2554
H. B. No. 747  Page 90
As Introduced
successor in responsibility, for all items, Series A. Using the  2555
1996 yearly average as the base year, the secretary of state  2556
shall compare the most current average consumer price index with  2557
that determined in the preceding odd-numbered year, and shall  2558
determine the percentage increase or decrease. The percentage  2559
increase or decrease shall be multiplied by the actual dollar  2560
figure for each office or entity specified in section 3517.102  2561
of the Revised Code and by each actual dollar figure specified  2562
in division (B)(4)(e) of section 3517.10 and in division (B) of  2563
section 3517.101 of the Revised Code as determined in the  2564
previous odd-numbered year, and the product shall be added to or  2565
subtracted from its corresponding actual dollar figure, as  2566
necessary, for that previous odd-numbered year.  2567
       The resulting amount shall be rounded to the nearest  2568
twenty-five dollars if the calculations are made regarding the  2569
amounts specified in division (B)(4)(e) of section 3517.10 of  2570
the Revised Code.  2571
       If the calculations are made regarding the amounts  2572
specified in section 3517.101 or 3517.102 of the Revised Code,  2573
the resulting amount shall not be rounded. If that resulting  2574
amount is less than one hundred dollars, the secretary of state  2575
shall retain a record of the resulting amount and the manner in  2576
which it was calculated, but shall not make an adjustment unless  2577
the resulting amount, when added to the resulting amount  2578
calculated in each prior odd-numbered year since the last  2579
adjustment was made, equals or exceeds one hundred dollars.  2580
       (B)(1) The secretary of state shall calculate the  2581
adjustment under division (A) of this section and shall report  2582
the calculations and necessary materials to the auditor of  2583
state, on or before the thirty-first day of January of each odd-  2584
H. B. No. 747  Page 91
As Introduced
numbered year. The secretary of state shall base the adjustment  2585
on the most current consumer price index that is described in  2586
division (A) of this section and that is in effect as of the  2587
first day of January of each odd-numbered year.  2588
       (2) The calculations made by the secretary of state under  2589
divisions (A) and (B)(1) of this section shall be certified by  2590
the auditor of state on or before the fifteenth day of February  2591
of each odd-numbered year.  2592
       (3) On or before the twenty-fifth day of February of each  2593
odd-numbered year, the secretary of state shall prepare a report  2594
setting forth the maximum contribution limitations under section  2595
3517.102 of the Revised Code, the maximum amounts, if any, of  2596
contributions permitted to be kept under that section, the  2597
amounts required under division (B)(4)(e) of section 3517.10 of  2598
the Revised Code for reporting contributions and in-kind  2599
contributions at social or fund-raising activities and  2600
contributions from amounts deducted from an employee's wages and  2601
salary, and the maximum office facility gift limitations under  2602
section 3517.101 of the Revised Code, as calculated and  2603
certified pursuant to divisions (A) and (B)(1) and (2) of this  2604
section. The report and all documents relating to the  2605
calculations contained in the report are public records. The  2606
report shall contain an indication of the period in which the  2607
limitations, the maximum contribution or gift amounts, and the  2608
reporting amounts apply, a summary of how the limitations, the  2609
maximum contribution or gift amounts, and the reporting amounts  2610
were calculated, and a statement that the report and all related  2611
documents are available for inspection and copying at the office  2612
of the secretary of state.  2613
       (4) On or before the twenty-fifth day of February of each  2614
H. B. No. 747  Page 92
As Introduced
odd-numbered year, the secretary of state shall transmit the  2615
report to the general assembly and shall send the report by mail  2616
to the board of elections of each county.  2617
       (5) The secretary of state shall send the report by mail  2618
to each person who files a declaration of candidacy or  2619
nominating petition with the secretary of state for the office  2620
of governor, lieutenant governor, secretary of state, auditor of  2621
state, treasurer of state, attorney general, tax commissioner,  2622
chief justice of the supreme court, or justice of the supreme  2623
court. The report shall be mailed on or before the tenth day  2624
after the filing.  2625
       (6) A board of elections shall send the report by mail to  2626
each person who files a declaration of candidacy or nominating  2627
petition with the board for the office of state representative  2628
or state senator. The report shall be mailed on or before the  2629
tenth day after the filing.  2630
       Sec. 3517.106. (A) As used in this section:  2631
       (1) "Statewide office" means any of the offices of  2632
governor, lieutenant governor, secretary of state, auditor of  2633
state, treasurer of state, attorney general, tax commissioner,  2634
chief justice of the supreme court, and justice of the supreme  2635
court.  2636
       (2) "Addendum to a statement" includes an amendment or  2637
other correction to that statement.  2638
       (B) The secretary of state shall store all of the  2639
following information on computer:  2640
       (1) The information contained in statements of  2641
contributions and expenditures and monthly statements required  2642
to be filed under section 3517.10 of the Revised Code and in  2643
H. B. No. 747  Page 93
As Introduced
statements of independent expenditures required to be filed  2644
under section 3517.105 of the Revised Code with the secretary of  2645
state and the information transmitted to the secretary of state  2646
by boards of elections under division (E)(2) of this section;  2647
       (2) The information contained in disclosure of  2648
electioneering communications statements required to be filed  2649
under section 3517.1011 of the Revised Code;  2650
       (3) The information contained in deposit and disbursement  2651
statements required to be filed with the office of the secretary  2652
of state under section 3517.1012 of the Revised Code;  2653
       (4) The gift and disbursement information contained in  2654
statements required to be filed with the office of the secretary  2655
of state under section 3517.1013 of the Revised Code;  2656
       (5) The information contained in donation and disbursement  2657
statements required to be filed with the office of the secretary  2658
of state under section 3517.1014 of the Revised Code.  2659
       (C)(1) The secretary of state shall make available to the  2660
campaign committees, political action committees, political  2661
contributing entities, legislative campaign funds, political  2662
parties, individuals, partnerships, corporations, labor  2663
organizations, treasurers of transition funds, and other  2664
entities that are permitted or required to file statements by  2665
electronic means of transmission, and to members of the news  2666
media and other interested persons, for a reasonable fee,  2667
computer programs that are compatible with the secretary of  2668
state's method of storing the information contained in the  2669
statements.  2670
       (2) The secretary of state shall make the information  2671
required to be stored under division (B) of this section  2672
H. B. No. 747  Page 94
As Introduced
available on computer at the secretary of state's office so  2673
that, to the maximum extent feasible, individuals may obtain at  2674
the secretary of state's office any part or all of that  2675
information for any given year, subject to the limitation  2676
expressed in division (D) of this section.  2677
       (D) The secretary of state shall keep the information  2678
stored on computer under division (B) of this section for at  2679
least six years.  2680
       (E)(1) Subject to division (J) of this section and subject  2681
to the secretary of state having implemented, tested, and  2682
verified the successful operation of any system the secretary of  2683
state prescribes pursuant to division (F)(1) of this section and  2684
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised  2685
Code for the filing of campaign finance statements by electronic  2686
means of transmission, each of the following entities shall be  2687
permitted or required to file statements by electronic means of  2688
transmission, as applicable:  2689
       (a) The campaign committee of each candidate for statewide  2690
office may file the statements prescribed by section 3517.10 of  2691
the Revised Code by electronic means of transmission or, if the  2692
total amount of the contributions received or the total amount  2693
of the expenditures made by the campaign committee for the  2694
applicable reporting period as specified in division (A) of  2695
section 3517.10 of the Revised Code exceeds ten thousand  2696
dollars, shall file those statements by electronic means of  2697
transmission.  2698
       (b) A campaign committee of a candidate for the office of  2699
member of the general assembly or a campaign committee of a  2700
candidate for the office of judge of a court of appeals may file  2701
the statements prescribed by section 3517.10 of the Revised Code  2702
H. B. No. 747  Page 95
As Introduced
in accordance with division (A)(2) of section 3517.11 of the  2703
Revised Code or by electronic means of transmission to the  2704
office of the secretary of state or, if the total amount of the  2705
contributions received by the campaign committee for the  2706
applicable reporting period as specified in division (A) of  2707
section 3517.10 of the Revised Code exceeds ten thousand  2708
dollars, shall file those statements by electronic means of  2709
transmission to the office of the secretary of state.  2710
       (c) A campaign committee of a candidate for an office  2711
other than a statewide office, the office of member of the  2712
general assembly, or the office of judge of a court of appeals  2713
may file the statements prescribed by section 3517.10 of the  2714
Revised Code by electronic means of transmission to the  2715
secretary of state or the board of elections, as applicable.  2716
       (d) A political action committee and a political  2717
contributing entity described in division (A)(1) of section  2718
3517.11 of the Revised Code, a legislative campaign fund, and a  2719
state political party may file the statements prescribed by  2720
section 3517.10 of the Revised Code by electronic means of  2721
transmission to the office of the secretary of state or, if the  2722
total amount of the contributions received or the total amount  2723
of the expenditures made by the political action committee,  2724
political contributing entity, legislative campaign fund, or  2725
state political party for the applicable reporting period as  2726
specified in division (A) of section 3517.10 of the Revised Code  2727
exceeds ten thousand dollars, shall file those statements by  2728
electronic means of transmission.  2729
       (e) A county political party shall file the statements  2730
prescribed by section 3517.10 of the Revised Code with respect  2731
to its state candidate fund by electronic means of transmission  2732
H. B. No. 747  Page 96
As Introduced
to the office of the secretary of state.  2733
       (f) A county political party may file all other statements  2734
prescribed by section 3517.10 of the Revised Code by electronic  2735
means of transmission to the board of elections.  2736
       (g) A political action committee or political contributing  2737
entity described in division (A)(3) of section 3517.11 of the  2738
Revised Code may file the statements prescribed by section  2739
3517.10 of the Revised Code by electronic means of transmission  2740
to the board of elections.  2741
       (h) Any individual, partnership, or other entity that  2742
makes independent expenditures in support of or opposition to a  2743
statewide candidate or a statewide ballot issue or question as  2744
provided in division (B)(2)(b) or (C)(2)(b) of section 3517.105  2745
of the Revised Code may file the statement specified in that  2746
division by electronic means of transmission to the office of  2747
the secretary of state or, if the total amount of independent  2748
expenditures made during the reporting period under that  2749
division exceeds ten thousand dollars, shall file the statement  2750
specified in that division by electronic means of transmission.  2751
       (i) Any individual, partnership, or other entity that  2752
makes independent expenditures in support of or opposition to a  2753
candidate or ballot issue other than a statewide candidate or a  2754
statewide ballot issue as provided in division (B)(2)(b) or (C)  2755
(2)(b) of section 3517.105 of the Revised Code may file the  2756
statement specified in that division by electronic means of  2757
transmission to the board of elections.  2758
       (2) A board of elections that receives a statement by  2759
electronic means of transmission shall transmit that statement  2760
to the secretary of state within five business days after  2761
H. B. No. 747  Page 97
As Introduced
receiving the statement. If the board receives an addendum or an  2762
amended statement from an entity that filed a statement with the  2763
board by electronic means of transmission, the board shall  2764
transmit the addendum or amended statement to the secretary of  2765
state not later than the close of business on the day the board  2766
received the addendum or amended statement.  2767
       (3)(a) Except as otherwise provided in division (E)(3)(b)  2768
of this section, within five business days after a statement  2769
filed under division (E)(1) of this section is received by the  2770
secretary of state by electronic or other means of transmission,  2771
the secretary of state shall make available online to the public  2772
through the internet, as provided in division (G) of this  2773
section, the contribution and expenditure information in that  2774
statement.  2775
       (b) The secretary of state shall not make available online  2776
to the public through the internet any contribution or  2777
expenditure information contained in a statement for any  2778
candidate until the secretary of state is able to make available  2779
online to the public through the internet the contribution and  2780
expenditure information for all candidates for a particular  2781
office, or until the applicable filing deadline for that  2782
statement has passed, whichever is sooner. As soon as the  2783
secretary of state has available all of the contribution and  2784
expenditure information for all candidates for a particular  2785
office, or as soon as the applicable filing deadline for a  2786
statement has passed, whichever is sooner, the secretary of  2787
state shall simultaneously make available online to the public  2788
through the internet the information for all candidates for that  2789
office.  2790
       (4)(a) If a statement filed by electronic means of  2791
H. B. No. 747  Page 98
As Introduced
transmission is found to be incomplete or inaccurate after the  2792
examination of the statement for completeness and accuracy  2793
pursuant to division (B)(3)(a) of section 3517.11 of the Revised  2794
Code, the entity that filed the statement shall file by  2795
electronic means of transmission any addendum to the statement  2796
that provides the information necessary to complete or correct  2797
the statement or, if required under that division, an amended  2798
statement.  2799
       (b) Within five business days after the secretary of state  2800
receives an addendum to the statement or an amended statement by  2801
electronic or other means of transmission, the secretary of  2802
state shall make the contribution and expenditure information in  2803
the addendum or amended statement available online to the public  2804
through the internet as provided in division (G) of this  2805
section.  2806
       (5) If a campaign committee for the office of member of  2807
the general assembly or a campaign committee of a candidate for  2808
the office of judge of a court of appeals files a statement,  2809
addendum, or amended statement by printed version only with the  2810
appropriate board of elections, the campaign committee shall  2811
file two copies of the printed version of the statement,  2812
addendum, or amended statement with the board of elections. The  2813
board of elections shall send one of those copies by certified  2814
mail or an electronic copy to the secretary of state before the  2815
close of business on the day the board of elections receives the  2816
statement, addendum, or amended statement.  2817
       (F)(1) The secretary of state, by rule adopted pursuant to  2818
section 3517.23 of the Revised Code, shall prescribe one or more  2819
techniques by which a person who executes and transmits to the  2820
secretary of state or a board of elections by electronic means a  2821
H. B. No. 747  Page 99
As Introduced
statement of contributions and expenditures, a statement of  2822
independent expenditures, a disclosure of electioneering  2823
communications statement, a deposit and disbursement statement,  2824
a gift and disbursement statement, or a donation and  2825
disbursement statement, an addendum to any of those statements,  2826
an amended statement of contributions and expenditures, an  2827
amended statement of independent expenditures, an amended  2828
disclosure of electioneering communications statement, an  2829
amended deposit and disbursement statement, an amended gift and  2830
disbursement statement, or an amended donation and disbursement  2831
statement, under this section or section 3517.10, 3517.105,  2832
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised  2833
Code shall electronically sign the statement, addendum, or  2834
amended statement. Any technique prescribed by the secretary of  2835
state pursuant to this division shall create an electronic  2836
signature that satisfies all of the following:  2837
       (a) It is unique to the signer.  2838
       (b) It objectively identifies the signer.  2839
       (c) It involves the use of a signature device or other  2840
means or method that is under the sole control of the signer and  2841
that cannot be readily duplicated or compromised.  2842
       (d) It is created and linked to the electronic record to  2843
which it relates in a manner that, if the record or signature is  2844
intentionally or unintentionally changed after signing, the  2845
electronic signature is invalidated.  2846
       (2) An electronic signature prescribed by the secretary of  2847
state under division (F)(1) of this section shall be attached to  2848
or associated with the statement of contributions and  2849
expenditures, the statement of independent expenditures, the  2850
H. B. No. 747  Page 100
As Introduced
disclosure of electioneering communications statement, the  2851
deposit and disbursement statement, the gift and disbursement  2852
statement, or the donation and disbursement statement, the  2853
addendum to any of those statements, the amended statement of  2854
contributions and expenditures, the amended statement of  2855
independent expenditures, the amended disclosure of  2856
electioneering communications statement, the amended deposit and  2857
disbursement statement, the amended gift and disbursement  2858
statement, or the amended donation and disbursement statement  2859
that is executed and transmitted by electronic means by the  2860
person to whom the electronic signature is attributed. The  2861
electronic signature that is attached to or associated with the  2862
statement, addendum, or amended statement under this division  2863
shall be binding on all persons and for all purposes under the  2864
campaign finance reporting law as if the signature had been  2865
handwritten in ink on a printed form.  2866
       (G) The secretary of state shall make all of the following  2867
information available online to the public by any means that are  2868
searchable, viewable, and accessible through the internet:  2869
       (1) The contribution and expenditure, the contribution and  2870
disbursement, the deposit and disbursement, the gift and  2871
disbursement, or the donation and disbursement information in  2872
all statements, all addenda to the statements, and all amended  2873
statements that are filed with the secretary of state by  2874
electronic or other means of transmission under this section or  2875
section 3517.10, 3517.105, 3517.1011, 3517.1012, 3517.1013,  2876
3517.1014, or 3517.11 of the Revised Code;  2877
       (2) The contribution and expenditure or the deposit and  2878
disbursement information in all statements that are filed with a  2879
board of elections by electronic means of transmission, and in  2880
H. B. No. 747  Page 101
As Introduced
all addenda to those statements and all amended versions of  2881
those statements, under this section or section 3517.10,  2882
3517.105, 3517.1012, or 3517.11 of the Revised Code.  2883
       (H)(1) As used in this division, "library" means a library  2884
that is open to the public and that is one of the following:  2885
       (a) A library that is maintained and regulated under  2886
section 715.13 of the Revised Code;  2887
       (b) A library that is created, maintained, and regulated  2888
under Chapter 3375. of the Revised Code.  2889
       (2) The secretary of state shall notify all libraries of  2890
the location on the internet at which the contribution and  2891
expenditure, contribution and disbursement, deposit and  2892
disbursement, gift and disbursement, or donation and  2893
disbursement information in campaign finance statements required  2894
to be made available online to the public through the internet  2895
pursuant to division (G) of this section may be accessed.  2896
       If that location is part of the world wide web and if the  2897
secretary of state has notified a library of that world wide web  2898
location as required by this division, the library shall include  2899
a link to that world wide web location on each internet-  2900
connected computer it maintains that is accessible to the  2901
public.  2902
       (3) If the system the secretary of state prescribes for  2903
the filing of campaign finance statements by electronic means of  2904
transmission pursuant to division (F)(1) of this section and  2905
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised  2906
Code includes filing those statements through the internet via  2907
the world wide web, the secretary of state shall notify all  2908
libraries of the world wide web location at which those  2909
H. B. No. 747  Page 102
As Introduced
statements may be filed.  2910
       If those statements may be filed through the internet via  2911
the world wide web and if the secretary of state has notified a  2912
library of that world wide web location as required by this  2913
division, the library shall include a link to that world wide  2914
web location on each internet-connected computer it maintains  2915
that is accessible to the public.  2916
       (I) It is an affirmative defense to a complaint or charge  2917
brought against any campaign committee, political action  2918
committee, political contributing entity, legislative campaign  2919
fund, or political party, any individual, partnership, or other  2920
entity, any person making disbursements to pay the direct costs  2921
of producing or airing electioneering communications, or any  2922
treasurer of a transition fund, for the failure to file by  2923
electronic means of transmission a campaign finance statement as  2924
required by this section or section 3517.10, 3517.105,  2925
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised  2926
Code that all of the following apply to the campaign committee,  2927
political action committee, political contributing entity,  2928
legislative campaign fund, or political party, the individual,  2929
partnership, or other entity, the person making disbursements to  2930
pay the direct costs of producing or airing electioneering  2931
communications, or the treasurer of a transition fund that  2932
failed to so file:  2933
       (1) The campaign committee, political action committee,  2934
political contributing entity, legislative campaign fund, or  2935
political party, the individual, partnership, or other entity,  2936
the person making disbursements to pay the direct costs of  2937
producing or airing electioneering communications, or the  2938
treasurer of a transition fund attempted to file by electronic  2939
H. B. No. 747  Page 103
As Introduced
means of transmission the required statement prior to the  2940
deadline set forth in the applicable section.  2941
       (2) The campaign committee, political action committee,  2942
political contributing entity, legislative campaign fund, or  2943
political party, the individual, partnership, or other entity,  2944
the person making disbursements to pay the direct costs of  2945
producing or airing electioneering communications, or the  2946
treasurer of a transition fund was unable to file by electronic  2947
means of transmission due to an expected or unexpected shutdown  2948
of the whole or part of the electronic campaign finance  2949
statement-filing system, such as for maintenance or because of  2950
hardware, software, or network connection failure.  2951
       (3) The campaign committee, political action committee,  2952
political contributing entity, legislative campaign fund, or  2953
political party, the individual, partnership, or other entity,  2954
the person making disbursements to pay the direct costs of  2955
producing or airing electioneering communications, or the  2956
treasurer of a transition fund filed by electronic means of  2957
transmission the required statement within a reasonable period  2958
of time after being unable to so file it under the circumstance  2959
described in division (I)(2) of this section.  2960
       (J)(1) The secretary of state shall adopt rules pursuant  2961
to Chapter 119. of the Revised Code to permit a campaign  2962
committee of a candidate for statewide office that makes  2963
expenditures of less than twenty-five thousand dollars during  2964
the filing period or a campaign committee for the office of  2965
member of the general assembly or the office of judge of a court  2966
of appeals that would otherwise be required to file campaign  2967
finance statements by electronic means of transmission under  2968
division (E) of this section to file those statements by paper  2969
H. B. No. 747  Page 104
As Introduced
with the office of the secretary of state. Those rules shall  2970
provide for all of the following:  2971
       (a) An eligible campaign committee that wishes to file a  2972
campaign finance statement by paper instead of by electronic  2973
means of transmission shall file the statement on paper with the  2974
office of the secretary of state not sooner than twenty-four  2975
hours after the end of the filing period set forth in section  2976
3517.10 of the Revised Code that is covered by the applicable  2977
statement.  2978
       (b) The statement shall be accompanied by a fee, the  2979
amount of which the secretary of state shall determine by rule.  2980
The amount of the fee established under this division shall not  2981
exceed the data entry and data verification costs the secretary  2982
of state will incur to convert the information on the statement  2983
to an electronic format as required under division (G) of this  2984
section.  2985
       (c) The secretary of state shall arrange for the  2986
information in campaign finance statements filed pursuant to  2987
division (J) of this section to be made available online to the  2988
public through the internet in the same manner, and at the same  2989
times, as information is made available under divisions (E) and  2990
(G) of this section for candidates whose campaign committees  2991
file those statements by electronic means of transmission.  2992
       (d) The candidate of an eligible campaign committee that  2993
intends to file a campaign finance statement pursuant to  2994
division (J) of this section shall file a notice indicating that  2995
the candidate's campaign committee intends to so file and  2996
stating that filing the statement by electronic means of  2997
transmission would constitute a hardship for the candidate or  2998
for the eligible campaign committee.  2999
H. B. No. 747  Page 105
As Introduced
       (e) An eligible campaign committee that files a campaign  3000
finance statement on paper pursuant to division (J) of this  3001
section shall review the contribution and information made  3002
available online by the secretary of state with respect to that  3003
paper filing and shall notify the secretary of state of any  3004
errors with respect to that filing that appear in the data made  3005
available on that web site.  3006
       (f) If an eligible campaign committee whose candidate has  3007
filed a notice in accordance with rules adopted under division  3008
(J)(1)(d) of this section subsequently fails to file that  3009
statement on paper by the applicable deadline established in  3010
rules adopted under division (J)(1)(a) of this section,  3011
penalties for the late filing of the campaign finance statement  3012
shall apply to that campaign committee for each day after that  3013
paper filing deadline, as if the campaign committee had filed  3014
the statement after the applicable deadline set forth in  3015
division (A) of section 3517.10 of the Revised Code.  3016
       (2) The process for permitting campaign committees that  3017
would otherwise be required to file campaign finance statements  3018
by electronic means of transmission to file those statements on  3019
paper with the office of the secretary of state that is required  3020
to be developed under division (J)(1) of this section shall be  3021
in effect and available for use by eligible campaign committees  3022
for all campaign finance statements that are required to be  3023
filed on or after June 30, 2005. Notwithstanding any provision  3024
of the Revised Code to the contrary, if the process the  3025
secretary of state is required to develop under division (L)(1)  3026
of this section is not in effect and available for use on and  3027
after June 30, 2005, all penalties for the failure of campaign  3028
committees to file campaign finance statements by electronic  3029
means of transmission shall be suspended until such time as that  3030
H. B. No. 747  Page 106
As Introduced
process is in effect and available for use.  3031
       (3) Notwithstanding any provision of the Revised Code to  3032
the contrary, any eligible campaign committee that files  3033
campaign finance statements on paper with the office of the  3034
secretary of state pursuant to division (J)(1) of this section  3035
shall be deemed to have filed those campaign finance statements  3036
by electronic means of transmission to the office of the  3037
secretary of state.  3038
       Sec. 3517.108. (A) As used in divisions (A) and (B) of  3039
this section:  3040
       (1) "Candidate" has the same meaning as in section 3517.01  3041
of the Revised Code but includes only candidates for the offices  3042
of governor, lieutenant governor, secretary of state, auditor of  3043
state, treasurer of state, attorney general, tax commissioner,  3044
member of the general assembly, chief justice of the supreme  3045
court, and justice of the supreme court.  3046
       (2) A "general election period" begins on the day after  3047
the primary election immediately preceding the general election  3048
at which a candidate seeks an office specified in division (A)  3049
(1) of this section and ends on the thirty-first day of December  3050
following that general election.  3051
       (3) A "primary election period" begins on the first day of  3052
January of the year following the year in which the general  3053
election was held for the office that the candidate seeks,  3054
including any mid-term election, and ends on the day of the  3055
primary election.  3056
       (B) Whenever the campaign committee of a candidate has  3057
unpaid debt at the end of a primary election period or at the  3058
end of a general election period, the committee may accept  3059
H. B. No. 747  Page 107
As Introduced
additional contributions during the immediately following  3060
election period up to the applicable limitation prescribed under  3061
section 3517.102 of the Revised Code from any individual,  3062
political action committee, political contributing entity, or  3063
other campaign committee who, during the primary or general  3064
election period for which debt remains unpaid, has contributed  3065
less than the contribution limitations prescribed under section  3066
3517.102 of the Revised Code applicable to that individual,  3067
political action committee, political contributing entity, or  3068
other campaign committee. Any additional contribution that a  3069
campaign committee accepts under this division shall count  3070
toward the applicable limitations prescribed under section  3071
3517.102 of the Revised Code for that primary or general  3072
election period at the end of which the debt remains unpaid, and  3073
shall not count toward the applicable limitations for any other  3074
primary or general election period if all of the following  3075
conditions apply:  3076
       (1) The campaign committee reports, on the statement  3077
required to be filed under division (A)(2) of section 3517.10 of  3078
the Revised Code, all debt remaining unpaid at the end of the  3079
election period. The committee shall also file a separate  3080
statement, on a form prescribed by the secretary of state, at  3081
the same time that the committee is required to file a statement  3082
of contributions and expenditures under section 3517.10 of the  3083
Revised Code. The separate statement shall include the name and  3084
address of each contributor who makes an additional contribution  3085
under division (B) of this section, how the contribution was  3086
applied to pay the unpaid debt as required by division (B)(3) of  3087
this section, and the balance of the unpaid debt after each  3088
contribution was applied to it.  3089
       (2) The additional contributions are accepted only during  3090
H. B. No. 747  Page 108
As Introduced
the primary or general election period, whichever is applicable,  3091
immediately following the election period covered in the  3092
statement filed under division (B)(1) of this section.  3093
       (3) All additional contributions made under division (B)  3094
of this section are used by the campaign committee that receives  3095
them only to pay the debt of the committee reported under  3096
division (B)(1) of this section.  3097
       (4) The campaign committee maintains a separate account  3098
for all additional contributions made under division (B) of this  3099
section and uses moneys in that account only to pay the unpaid  3100
debt reported under division (B)(1) of this section and to  3101
administer the account.  3102
       (5) The campaign committee stops accepting additional  3103
contributions after funds sufficient to repay the unpaid debt  3104
reported under division (B)(1) of this section have been raised  3105
and promptly disposes of any contributions received that exceed  3106
the amount of the unpaid debt by returning the excess  3107
contributions to the contributors or by giving the excess  3108
contributions to an organization that is exempt from federal  3109
income taxation under subsection 501(a) and described in  3110
subsection 501(c)(3), (4), (8), (10), or (19) of the Internal  3111
Revenue Code.  3112
       Sec. 3517.109. (A) As used in this section:  3113
       (1) "Candidate" has the same meaning as in section 3517.01  3114
of the Revised Code but includes only candidates for the offices  3115
of governor, lieutenant governor, secretary of state, auditor of  3116
state, treasurer of state, attorney general, tax commissioner,  3117
and member of the general assembly.  3118
       (2) "Statewide candidate" means the joint candidates for  3119
H. B. No. 747  Page 109
As Introduced
the offices of governor and lieutenant governor or a candidate  3120
for the office of secretary of state, auditor of state,  3121
treasurer of state, and attorney general.  3122
       (3) "Senate candidate" means a candidate for the office of  3123
state senator.  3124
       (4) "House candidate" means a candidate for the office of  3125
state representative.  3126
       (5) "State office" means the offices of governor,  3127
lieutenant governor, secretary of state, auditor of state,  3128
treasurer of state, attorney general, and member of the general  3129
assembly.  3130
       (6) "Aggregate contribution" means the total of all  3131
contributions from a contributor during the pre-filing period.  3132
       (7) "Allowable aggregate contribution" means all of the  3133
following:  3134
       (a) In the case of a contribution from a contributor whose  3135
contributions are subject to the contribution limits described  3136
in division (B)(1), (2), (3), (6)(a), or (7) of section 3517.102  3137
of the Revised Code, that portion of the amount of the  3138
contributor's aggregate contribution that does not exceed the  3139
preprimary contribution limit applicable to that contributor.  3140
       (b) In the case of a contribution or contributions from a  3141
contributor whose contributions are not subject to the  3142
contribution limits described in divisions (B)(1), (2), (3), (6)  3143
(a), or (7) of section 3517.102 of the Revised Code, the total  3144
of the following:  3145
       (i) That portion of the aggregate contribution that was  3146
received as in-kind services;  3147
H. B. No. 747  Page 110
As Introduced
       (ii) That portion of the aggregate contribution that was  3148
received as cash and does not exceed the applicable preprimary  3149
cash transfer or contribution limits described in division (B)  3150
(6)(b) of section 3517.102 of the Revised Code.  3151
       (8) "Excess aggregate contribution" means, for each  3152
contributor, the amount by which that contributor's aggregate  3153
contribution exceeds that contributor's allowable aggregate  3154
contribution.  3155
       (9) "Pre-filing period" means the period of time ending on  3156
the day that the candidacy petitions are due for the state  3157
office for which the candidate has filed and beginning on the  3158
latest date of the following:  3159
       (a) The first day of January of the year following the  3160
general election in which that state office was last on the  3161
ballot;  3162
       (b) The first day of January of the year following the  3163
general election in which the candidate was last a candidate for  3164
any office;  3165
       (c) The first day of the month following the primary  3166
election in which the candidate was last a candidate for any  3167
office.  3168
       (10) "Filing date" means the last date on which a  3169
candidacy petition may be filed for an office.  3170
       (11) "Applicable carry-in limit" means thirty-five  3171
thousand dollars if the candidate is a house candidate, one  3172
hundred thousand dollars if the candidate is a senate candidate,  3173
and two hundred thousand dollars if the candidate is a statewide  3174
candidate.  3175
H. B. No. 747  Page 111
As Introduced
       (12) "Campaign asset" means prepaid, purchased, or donated  3176
assets available to the candidate on the date of the filing  3177
deadline for the office the candidate is seeking that will be  3178
consumed or depleted in the course of the candidate's election  3179
campaign, including, but not limited to, postage, prepaid rent  3180
for campaign headquarters, prepaid radio, television, and  3181
newspaper advertising, and other prepaid consulting and personal  3182
services.  3183
       (13) "Permitted funds" means the sum of the following:  3184
       (a) The total of the allowable aggregate contribution of  3185
each contributor;  3186
       (b) The applicable carry-in limit.  3187
       (14) "Excess funds" means the amount by which the sum of  3188
the total cash on hand and total reported campaign assets  3189
exceeds permitted funds.  3190
       (15) "Covered candidate" means both of the following:  3191
       (a) A candidate who, during the pre-filing period, accepts  3192
or has a campaign committee that accepts contributions on the  3193
candidate's behalf for the purpose of nominating or electing the  3194
candidate to any office not subject to the contribution limits  3195
prescribed in section 3517.102 of the Revised Code;  3196
       (b) A person who, during the pre-filing period, accepts or  3197
has a campaign committee that accepts contributions on the  3198
person's behalf prior to the person deciding upon or announcing  3199
the office for which the person will become a candidate for  3200
nomination or election.  3201
       (B) Each candidate who files for state office, not later  3202
than the filing date for that office, shall dispose of any  3203
H. B. No. 747  Page 112
As Introduced
excess funds. Each covered candidate who files for state office,  3204
not later than the filing date for that office, shall dispose of  3205
any excess aggregate contributions.  3206
       (C) Any campaign committee that is required to dispose of  3207
excess funds or excess aggregate contributions under division  3208
(B) of this section shall dispose of that excess amount or  3209
amounts by doing any of the following:  3210
       (1) Giving the amount to the treasurer of state for  3211
deposit into the state treasury to the credit of the Ohio  3212
election integrity commission fund created under section 111.29  3213
of the Revised Code;  3214
       (2) Giving the amount to individuals who made  3215
contributions to that campaign committee as a refund of all or  3216
part of their contributions;  3217
       (3) Giving the amount to a corporation that is exempt from  3218
federal income taxation under subsection 501(a) and described in  3219
subsection 501(c) of the Internal Revenue Code.  3220
       (D)(1) Subject to division (D)(2) of this section, no  3221
candidate or covered candidate shall appear on the ballot, even  3222
if certified to appear on the ballot, unless the candidate's or  3223
covered candidate's campaign committee has disposed of excess  3224
funds, excess aggregate contributions, or both as required by  3225
divisions (B) and (C) of this section.  3226
       (2) If the excess aggregate contributions accepted by a  3227
covered candidate or a covered candidate's campaign committee  3228
aggregate a total of less than five thousand dollars from all  3229
contributors, that candidate shall not be prohibited from  3230
appearing on the ballot under division (D)(1) of this section.  3231
       (E)(1) The campaign committee of each candidate required  3232
H. B. No. 747  Page 113
As Introduced
to dispose of excess funds under this section shall file a  3233
report, on a form prescribed by the secretary of state, with the  3234
official or board with which the candidate is required to file  3235
statements under section 3517.11 of the Revised Code. The report  3236
shall be filed by the seventh day following the filing deadline  3237
for the office the candidate is seeking, shall indicate the  3238
amount of excess funds disposed of, and shall describe the  3239
manner in which the campaign committee disposed of the excess  3240
amount.  3241
       (2) In addition to the information required to be included  3242
in a report filed under division (E)(1) of this section, the  3243
campaign committee of each covered candidate required to dispose  3244
of excess aggregate contributions under this section shall  3245
include in that report the source and amount of each excess  3246
aggregate contribution disposed of and shall describe the manner  3247
in which the campaign committee disposed of the excess amount.  3248
       (F)(1) Each campaign committee of a candidate who has  3249
filed a declaration of candidacy or a nominating petition for a  3250
state office, not later than seven days after the filing date  3251
for the office the candidate is seeking, shall file a  3252
declaration of filing-day finances, on a form prescribed by the  3253
secretary of state, with the official or board with which the  3254
candidate is required to file statements under section 3517.11  3255
of the Revised Code.  3256
       (2) A declaration of filing-day finances shall list all of  3257
the following:  3258
       (a) The amount of cash on hand in the candidate's campaign  3259
fund on the filing date for the office the candidate is seeking.  3260
       (b) The value and description of all campaign assets worth  3261
H. B. No. 747  Page 114
As Introduced
five hundred dollars or more available to the candidate on the  3262
filing date. Assets purchased by the campaign shall be valued at  3263
actual cost, and in-kind contributions shall be valued at market  3264
value.  3265
       (c) The total of all aggregate contributions;  3266
       (d) The total of all allowable aggregate contributions;  3267
       (e) The applicable carry-in limit, if any.  3268
       (3) In addition to the information required to be included  3269
in a report of filing-day finances filed under division (F)(1)  3270
of this section, the campaign committee of each covered  3271
candidate shall include both of the following in that report:  3272
       (a) The total of all excess aggregate contributions;  3273
       (b) For each contributor, if any, for whom there is an  3274
excess aggregate contribution, the name, address, aggregate  3275
contribution, and excess aggregate contribution.  3276
       (G) A campaign committee of a candidate is not required to  3277
file a declaration of filing-day finances under division (F) of  3278
this section if all of the following apply:  3279
       (1) The campaign committee has not accepted, during the  3280
pre-filing period, any aggregate contribution greater than the  3281
applicable amount.  3282
       (2) The campaign committee had less than the carry-in  3283
amount in cash on hand at the beginning of the pre-filing  3284
period.  3285
       (3) The candidate files a declaration, on a form  3286
prescribed by the secretary of state, with the official or board  3287
with which the candidate is required to file statements under  3288
H. B. No. 747  Page 115
As Introduced
section 3517.11 of the Revised Code not later than seven days  3289
after the filing date for the office that candidate is seeking,  3290
stating that the candidate's campaign committee has not accepted  3291
aggregate contributions as described in division (G)(1) of this  3292
section and has less than the carry-in amount in cash on hand as  3293
described in division (G)(2) of this section.  3294
        Sec. 4503.033. (A) Annually, on or before the thirty-first  3295
day of January, every deputy registrar shall file with the  3296
registrar of motor vehicles on a form prescribed by the  3297
registrar, a statement disclosing all of the following:  3298
        (1) The name of the person filing the statement, and, if  3299
applicable, of his the person's spouse and of members of his the  3300
person's immediate family;  3301
        (2) Any contribution made within the previous calendar  3302
year by the person and, if applicable, by his the person's  3303
spouse and by members of his the person's immediate family to  3304
each of the following:  3305
        (a) Any political party;  3306
        (b) Any candidate for the office of governor, attorney  3307
general, secretary of state, treasurer of state, auditor of  3308
state, tax commissioner, member of the senate or house of  3309
representatives of the general assembly, or to the campaign  3310
committee of any such candidate.  3311
        (3) The month, day, and year in which the contribution was  3312
made;  3313
        (4) The full name and address of each person, political  3314
party, or campaign committee to which a contribution was made;  3315
        (5) The value in dollars and cents of the contribution.  3316
H. B. No. 747  Page 116
As Introduced
       (B) No person shall knowingly fail to file, on or before  3317
the filing deadline under this section, a statement that is  3318
required by division (A) of this section.  3319
       (C) No person shall knowingly make a false statement in a  3320
statement that is required to be filed under division (A) of  3321
this section.  3322
       (D) On and after March 2, 1994, the statement required by  3323
division (A) of this section shall be accompanied by a filing  3324
fee of twenty-five dollars. If the statement required by  3325
division (A) of this section is not filed by the date on which  3326
it is required to be filed, the registrar of motor vehicles  3327
shall assess a late filing fee as prescribed in division (F) of  3328
section 102.02 of the Revised Code. The registrar shall deposit  3329
all fees he receives under this division into the general  3330
revenue fund of the state.  3331
       (E) Not later than the date a deputy registrar is required  3332
to file a statement under division (A) of this section, the  3333
deputy registrar shall file a copy of the statement with the  3334
office of the secretary of state. The secretary of state shall  3335
keep the copies of all statements filed with his the office of  3336
the secretary of state under this division only for the purpose  3337
of making them available for public inspection.  3338
       (F) Whoever violates division (B) of this section shall be  3339
fined one thousand dollars. Whoever violates division (C) of  3340
this section shall be fined ten thousand dollars.  3341
       Sec. 5703.01. (A) There is hereby created the department  3342
of taxation which shall be composed of the tax commissioner and  3343
histhe tax commissioner's employees, agents, and  3344
representatives. Such commissioner shall perform such functions,  3345
H. B. No. 747  Page 117
As Introduced
exercise such powers, and discharge such duties as are assigned  3346
to himthe commissioner by law.  3347
        (B) The tax commissioner shall be elected beginning in the  3348
general election of 2030, and quadrennially thereafter. The term  3349
of office of the tax commissioner shall commence on the second  3350
Monday of January next after the tax commissioner's election.  3351
        Section 2. That existing sections 9.97, 101.70, 107.43,  3352
113.40, 117.15, 121.03, 141.01, 141.011, 3505.03, 3505.33,  3353
3505.35, 3513.052, 3513.10, 3517.092, 3517.10, 3517.102,  3354
3517.103, 3517.104, 3517.106, 3517.108, 3517.109, 4503.033, and  3355
5703.01 of the Revised Code are hereby repealed.  3356
        Section 3. Any Tax Commissioner serving before the  3357
effective date of this section may complete the Commissioner's  3358
appointed term. The Governor shall, with the advice and consent  3359
of the Senate, appoint a Tax Commissioner to serve as necessary  3360
until a successor takes office following the general election in  3361
2030.  3362