§ 3517.106 — Statements of contributions and expenditures computerized by secretary of state

Ohio § 3517.106

• Jurisdiction: Ohio
• Title 35: Elections
• Ch. 3517: Campaigns; Political Parties

Text

(A) As used in this section:

(1) "Statewide office" means any of the offices of governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, chief justice of the supreme court, and justice of the supreme court.

(2) "Addendum to a statement" includes an amendment or other correction to that statement.

(B) The secretary of state shall store all of the following information on computer:

(1) The information contained in statements of contributions and expenditures and monthly statements required to be filed under section3517.10of the Revised Code and in statements of independent expenditures required to be filed under section3517.105of the Revised Code with the secretary of state and the information transmitted to the secretary of state by boards of elections under division (E)(2) of this section;

(2) The information contained in disclosure of electioneering communications statements required to be filed under section3517.1011of the Revised Code;

(3) The information contained in deposit and disbursement statements required to be filed with the office of the secretary of state under section3517.1012of the Revised Code;

(4) The gift and disbursement information contained in statements required to be filed with the office of the secretary of state under section3517.1013of the Revised Code;

(5) The information contained in donation and disbursement statements required to be filed with the office of the secretary of state under section3517.1014of the Revised Code.

(C)(1) The secretary of state shall make available to the campaign committees, political action committees, political contributing entities, legislative campaign funds, political parties, individuals, partnerships, corporations, labor organizations, treasurers of transition funds, and other entities that are permitted or required to file statements by electronic means of transmission, and to members of the news media and other interested persons, for a reasonable fee, computer programs that are compatible with the secretary of state's method of storing the information contained in the statements.

(2) The secretary of state shall make the information required to be stored under division (B) of this section available on computer at the secretary of state's office so that, to the maximum extent feasible, individuals may obtain at the secretary of state's office any part or all of that information for any given year, subject to the limitation expressed in division (D) of this section.

(D) The secretary of state shall keep the information stored on computer under division (B) of this section for at least six years.

(E)(1) Subject to division (J) of this section and subject to the secretary of state having implemented, tested, and verified the successful operation of any system the secretary of state prescribes pursuant to division (F)(1) of this section and divisions (C)(6)(b) and (D)(6) of section3517.10of the Revised Code for the filing of campaign finance statements by electronic means of transmission, each of the following entities shall be permitted or required to file statements by electronic means of transmission, as applicable:

(a) The campaign committee of each candidate for statewide office may file the statements prescribed by section3517.10of the Revised Code by electronic means of transmission or, if the total amount of the contributions received or the total amount of the expenditures made by the campaign committee for the applicable reporting period as specified in division (A) of section3517.10of the Revised Code exceeds ten thousand dollars, shall file those statements by electronic means of transmission.

(b) A campaign committee of a candidate for the office of member of the general assembly or a campaign committee of a candidate for the office of judge of a court of appeals may file the statements prescribed by section3517.10of the Revised Code in accordance with division (A)(2) of section3517.11of the Revised Code or by electronic means of transmission to the office of the secretary of state or, if the total amount of the contributions received by the campaign committee for the applicable reporting period as specified in division (A) of section3517.10of the Revised Code exceeds ten thousand dollars, shall file those statements by electronic means of transmission to the office of the secretary of state.

(c) A campaign committee of a candidate for an office other than a statewide office, the office of member of the general assembly, or the office of judge of a court of appeals may file the statements prescribed by section3517.10of the Revised Code by electronic means of transmission to the secretary of state or the board of elections, as applicable.

(d) A political action committee and a political contributing entity described in division (A)(1) of section3517.11of the Revised Code, a legislative campaign fund, and a state political party may file the statements prescribed by section3517.10of the Revised Code by electronic means of transmission to the office of the secretary of state or, if the total amount of the contributions received or the total amount of the expenditures made by the political action committee, political contributing entity, legislative campaign fund, or state political party for the applicable reporting period as specified in division (A) of section3517.10of the Revised Code exceeds ten thousand dollars, shall file those statements by electronic means of transmission.

(e) A county political party shall file the statements prescribed by section3517.10of the Revised Code with respect to its state candidate fund by electronic means of transmission to the office of the secretary of state.

(f) A county political party may file all other statements prescribed by section3517.10of the Revised Code by electronic means of transmission to the board of elections.

(g) A political action committee or political contributing entity described in division (A)(3) of section3517.11of the Revised Code may file the statements prescribed by section3517.10of the Revised Code by electronic means of transmission to the board of elections.

(h) Any individual, partnership, or other entity that makes independent expenditures in support of or opposition to a statewide candidate or a statewide ballot issue or question as provided in division (B)(2)(b) or (C)(2)(b) of section3517.105of the Revised Code may file the statement specified in that division by electronic means of transmission to the office of the secretary of state or, if the total amount of independent expenditures made during the reporting period under that division exceeds ten thousand dollars, shall file the statement specified in that division by electronic means of transmission.

(i) Any individual, partnership, or other entity that makes independent expenditures in support of or opposition to a candidate or ballot issue other than a statewide candidate or a statewide ballot issue as provided in division (B)(2)(b) or (C)(2)(b) of section3517.105of the Revised Code may file the statement specified in that division by electronic means of transmission to the board of elections.

(2) A board of elections that receives a statement by electronic means of transmission shall transmit that statement to the secretary of state within five business days after receiving the statement. If the board receives an addendum or an amended statement from an entity that filed a statement with the board by electronic means of transmission, the board shall transmit the addendum or amended statement to the secretary of state not later than the close of business on the day the board received the addendum or amended statement.

(3)(a) Except as otherwise provided in division (E)(3)(b) of this section, within five business days after a statement filed under division (E)(1) of this section is received by the secretary of state by electronic or other means of transmission, the secretary of state shall make available online to the public through the internet, as provided in division (G) of this section, the contribution and expenditure information in that statement.

(b) The secretary of state shall not make available online to the public through the internet any contribution or expenditure information contained in a statement for any candidate until the secretary of state is able to make available online to the public through the internet the contribution and expenditure information for all candidates for a particular office, or until the applicable filing deadline for that statement has passed, whichever is sooner. As soon as the secretary of state has available all of the contribution and expenditure information for all candidates for a particular office, or as soon as the applicable filing deadline for a statement has passed, whichever is sooner, the secretary of state shall simultaneously make available online to the public through the internet the information for all candidates for that office.

(4)(a) If a statement filed by electronic means of transmission is found to be incomplete or inaccurate after the examination of the statement for completeness and accuracy pursuant to division (B)(3)(a) of section3517.11of the Revised Code, the entity that filed the statement shall file by electronic means of transmission any addendum to the statement that provides the information necessary to complete or correct the statement or, if required under that division, an amended statement.

(b) Within five business days after the secretary of state receives an addendum to the statement or an amended statement by electronic or other means of transmission, the secretary of state shall make the contribution and expenditure information in the addendum or amended statement available online to the public through the internet as provided in division (G) of this section.

(5) If a campaign committee for the office of member of the general assembly or a campaign committee of a candidate for the office of judge of a court of appeals files a statement, addendum, or amended statement by printed version only with the appropriate board of elections, the campaign committee shall file two copies of the printed version of the statement, addendum, or amended statement with the board of elections. The board of elections shall send one of those copies by certified mail or an electronic copy to the secretary of state before the close of business on the day the board of elections receives the statement, addendum, or amended statement.

(F)(1) The secretary of state, by rule adopted pursuant to section3517.23of the Revised Code, shall prescribe one or more techniques by which a person who executes and transmits to the secretary of state or a board of elections by electronic means a statement of contributions and expenditures, a statement of independent expenditures, a disclosure of electioneering communications statement, a deposit and disbursement statement, a gift and disbursement statement, or a donation and disbursement statement, an addendum to any of those statements, an amended statement of contributions and expenditures, an amended statement of independent expenditures, an amended disclosure of electioneering communications statement, an amended deposit and disbursement statement, an amended gift and disbursement statement, or an amended donation and disbursement statement, under this section or section3517.10,3517.105,3517.1011,3517.1012,3517.1013, or3517.1014of the Revised Code shall electronically sign the statement, addendum, or amended statement. Any technique prescribed by the secretary of state pursuant to this division shall create an electronic signature that satisfies all of the following:

(a) It is unique to the signer.

(b) It objectively identifies the signer.

(c) It involves the use of a signature device or other means or method that is under the sole control of the signer and that cannot be readily duplicated or compromised.

(d) It is created and linked to the electronic record to which it relates in a manner that, if the record or signature is intentionally or unintentionally changed after signing, the electronic signature is invalidated.

(2) An electronic signature prescribed by the secretary of state under division (F)(1) of this section shall be attached to or associated with the statement of contributions and expenditures, the statement of independent expenditures, the disclosure of electioneering communications statement, the deposit and disbursement statement, the gift and disbursement statement, or the donation and disbursement statement, the addendum to any of those statements, the amended statement of contributions and expenditures, the amended statement of independent expenditures, the amended disclosure of electioneering communications statement, the amended deposit and disbursement statement, the amended gift and disbursement statement, or the amended donation and disbursement statement that is executed and transmitted by electronic means by the person to whom the electronic signature is attributed. The electronic signature that is attached to or associated with the statement, addendum, or amended statement under this division shall be binding on all persons and for all purposes under the campaign finance reporting law as if the signature had been handwritten in ink on a printed form.

(G) The secretary of state shall make all of the following information available online to the public by any means that are searchable, viewable, and accessible through the internet:

(1) The contribution and expenditure, the contribution and disbursement, the deposit and disbursement, the gift and disbursement, or the donation and disbursement information in all statements, all addenda to the statements, and all amended statements that are filed with the secretary of state by electronic or other means of transmission under this section or section3517.10,3517.105,3517.1011,3517.1012,3517.1013,3517.1014, or3517.11of the Revised Code;

(2) The contribution and expenditure or the deposit and disbursement information in all statements that are filed with a board of elections by electronic means of transmission, and in all addenda to those statements and all amended versions of those statements, under this section or section3517.10,3517.105,3517.1012, or3517.11of the Revised Code.

(H)(1) As used in this division, "library" means a library that is open to the public and that is one of the following:

(a) A library that is maintained and regulated under section715.13of the Revised Code;

(b) A library that is created, maintained, and regulated under Chapter 3375. of the Revised Code.

(2) The secretary of state shall notify all libraries of the location on the internet at which the contribution and expenditure, contribution and disbursement, deposit and disbursement, gift and disbursement, or donation and disbursement information in campaign finance statements required to be made available online to the public through the internet pursuant to division (G) of this section may be accessed.

If that location is part of the world wide web and if the secretary of state has notified a library of that world wide web location as required by this division, the library shall include a link to that world wide web location on each internet-connected computer it maintains that is accessible to the public.

(3) If the system the secretary of state prescribes for the filing of campaign finance statements by electronic means of transmission pursuant to division (F)(1) of this section and divisions (C)(6)(b) and (D)(6) of section3517.10of the Revised Code includes filing those statements through the internet via the world wide web, the secretary of state shall notify all libraries of the world wide web location at which those statements may be filed.

If those statements may be filed through the internet via the world wide web and if the secretary of state has notified a library of that world wide web location as required by this division, the library shall include a link to that world wide web location on each internet-connected computer it maintains that is accessible to the public.

(I) It is an affirmative defense to a complaint or charge brought against any campaign committee, political action committee, political contributing entity, legislative campaign fund, or political party, any individual, partnership, or other entity, any person making disbursements to pay the direct costs of producing or airing electioneering communications, or any treasurer of a transition fund, for the failure to file by electronic means of transmission a campaign finance statement as required by this section or section3517.10,3517.105,3517.1011,3517.1012,3517.1013, or3517.1014of the Revised Code that all of the following apply to the campaign committee, political action committee, political contributing entity, legislative campaign fund, or political party, the individual, partnership, or other entity, the person making disbursements to pay the direct costs of producing or airing electioneering communications, or the treasurer of a transition fund that failed to so file:

(1) The campaign committee, political action committee, political contributing entity, legislative campaign fund, or political party, the individual, partnership, or other entity, the person making disbursements to pay the direct costs of producing or airing electioneering communications, or the treasurer of a transition fund attempted to file by electronic means of transmission the required statement prior to the deadline set forth in the applicable section.

(2) The campaign committee, political action committee, political contributing entity, legislative campaign fund, or political party, the individual, partnership, or other entity, the person making disbursements to pay the direct costs of producing or airing electioneering communications, or the treasurer of a transition fund was unable to file by electronic means of transmission due to an expected or unexpected shutdown of the whole or part of the electronic campaign finance statement-filing system, such as for maintenance or because of hardware, software, or network connection failure.

(3) The campaign committee, political action committee, political contributing entity, legislative campaign fund, or political party, the individual, partnership, or other entity, the person making disbursements to pay the direct costs of producing or airing electioneering communications, or the treasurer of a transition fund filed by electronic means of transmission the required statement within a reasonable period of time after being unable to so file it under the circumstance described in division (I)(2) of this section.

(J)(1) The secretary of state shall adopt rules pursuant to Chapter 119. of the Revised Code to permit a campaign committee of a candidate for statewide office that makes expenditures of less than twenty-five thousand dollars during the filing period or a campaign committee for the office of member of the general assembly or the office of judge of a court of appeals that would otherwise be required to file campaign finance statements by electronic means of transmission under division (E) of this section to file those statements by paper with the office of the secretary of state. Those rules shall provide for all of the following:

(a) An eligible campaign committee that wishes to file a campaign finance statement by paper instead of by electronic means of transmission shall file the statement on paper with the office of the secretary of state not sooner than twenty-four hours after the end of the filing period set forth in section3517.10of the Revised Code that is covered by the applicable statement.

(b) The statement shall be accompanied by a fee, the amount of which the secretary of state shall determine by rule. The amount of the fee established under this division shall not exceed the data entry and data verification costs the secretary of state will incur to convert the information on the statement to an electronic format as required under division (G) of this section.

(c) The secretary of state shall arrange for the information in campaign finance statements filed pursuant to division (J) of this section to be made available online to the public through the internet in the same manner, and at the same times, as information is made available under divisions (E) and (G) of this section for candidates whose campaign committees file those statements by electronic means of transmission.

(d) The candidate of an eligible campaign committee that intends to file a campaign finance statement pursuant to division (J) of this section shall file a notice indicating that the candidate's campaign committee intends to so file and stating that filing the statement by electronic means of transmission would constitute a hardship for the candidate or for the eligible campaign committee.

(e) An eligible campaign committee that files a campaign finance statement on paper pursuant to division (J) of this section shall review the contribution and information made available online by the secretary of state with respect to that paper filing and shall notify the secretary of state of any errors with respect to that filing that appear in the data made available on that web site.

(f) If an eligible campaign committee whose candidate has filed a notice in accordance with rules adopted under division (J)(1)(d) of this section subsequently fails to file that statement on paper by the applicable deadline established in rules adopted under division (J)(1)(a) of this section, penalties for the late filing of the campaign finance statement shall apply to that campaign committee for each day after that paper filing deadline, as if the campaign committee had filed the statement after the applicable deadline set forth in division (A) of section3517.10of the Revised Code.

(2) The process for permitting campaign committees that would otherwise be required to file campaign finance statements by electronic means of transmission to file those statements on paper with the office of the secretary of state that is required to be developed under division (J)(1) of this section shall be in effect and available for use by eligible campaign committees for all campaign finance statements that are required to be filed on or after June 30, 2005. Notwithstanding any provision of the Revised Code to the contrary, if the process the secretary of state is required to develop under division (L)(1) of this section is not in effect and available for use on and after June 30, 2005, all penalties for the failure of campaign committees to file campaign finance statements by electronic means of transmission shall be suspended until such time as that process is in effect and available for use.

(3) Notwithstanding any provision of the Revised Code to the contrary, any eligible campaign committee that files campaign finance statements on paper with the office of the secretary of state pursuant to division (J)(1) of this section shall be deemed to have filed those campaign finance statements by electronic means of transmission to the office of the secretary of state.

Legislative History

Effective: January 1, 2021 | Latest Legislation: Senate Bill 107 - 133rd General Assembly