Ohio Admin. Code 111:2-3-10 - Statewide "Ballot Issue Political Action Committees"
(A) As
used in divisions (A) and (C) of section
3517.12
of the Revised Code and this rule, "contribution" shall mean a loan, gift,
deposit, forgiveness of indebtedness, donation, advance, payment, or transfer
of funds or anything of value, including a transfer of funds from an inter
vivos or testamentary trust or decedent's estate, and the payment by any person
other than the person to whom the services are rendered for the personal
services of another person, which contribution is made, received, or used for
the purpose of influencing the results of an election.
All contributions shall be included on a statement of contributions filed under those divisions and this rule.
(B) For the purpose of divisions (A) and (C)
of section
3517.12
of the Revised Code and this rule, "contribution" does not include any of the
following:
(1) Services provided without
compensation by individuals volunteering a portion or all of their time to the
creating, copying, distributing, or circulating
of the issue petitions or the gathering of petition signatures;
(2) Ordinary home hospitality;
(3) The personal expenses of a volunteer paid
for by that volunteer.
(C) As used in divisions (A) and (C) of
section
3517.12
of the Revised Code and this rule, "expenditure" shall mean the disbursement or
use of a contribution for the purpose of:
(1)
Influencing the results of an election, or;
(2) Making a charitable donation under
division (G) of section
3517.08
of the Revised Code.
(D)
As used in this rule, the filing by the circulator or committee in charge of an
initiative or referendum petition, or supplementary petition for additional
signatures, for the submission of a constitutional amendment, proposed law,
section, or item of any law of the appointment of a treasurer as required by
division (A) of section
3517.12
of the Revised Code and detailed in paragraph (E) of this rule, creates a
"Ballot Issue Political Action Committee."
A "ballot issue political action
committee"
"Ballot Issue Political Action
Committee" consists of all of the following:
(1) The treasurer appointed pursuant to
division (A) of section
3517.12
of the Revised Code,
;
and;
(2) The circulator or committee member
signing the "Designationdesignation of Treasurer"treasurer appointing the treasurer,
; and;
(3)
Any committee member engaged in the creating, copying, distributing, or circulating the initiative or referendum
petition, or supplementary petition for additional signatures, for the
submission of a constitutional amendment, proposed law, section,
or item of any law.
(E)
As required by division (A) of section
3517.12
of the Revised Code, prior to receiving a contribution or making an
expenditure, the circulator or committee in charge of an initiative or
referendum petition, or supplementary petition for additional signatures, for
the submission of a constitutional amendment, proposed law, section, or item of
any law shall appoint a treasurer and shall file with the secretary of state,
on a form prescribed by the secretary of state, a designation of that
appointment, including the full name and address of the treasurer and of the
circulator or committee.
(1) For the purpose
of paragraph (E) of this rule, the form used to appoint the treasurer and
disclose the full name and address of the treasurer and of the circulator or
committee is the designation
"Designation of treasurer
Treasurer",
form 30-D.
(2) The circulator or
committee filing form 30-D shall indicate on the designation of treasurer form
that the filing is being made for or on behalf of a ballot issue political action committee
"Ballot Issue Political Action Committee." The
designation
"Designation of treasurer
Treasurer"
form, as prescribed by the secretary of state, shall include an area whereby a
circulator or committee may make this indication.
(F) As required by division (C) of section
3517.12
of the Revised Code, the designated treasurer of a ballot issue political action committee
"Ballot Issue Political Action Committee" shall file
statements of contributions and expenditures in accordance with section
3517.10
of the Revised Code regarding all contributions made or received and all
expenditures made by that treasurer, the circulator, or committee in connection
with the initiative or referendum petition supplementary petition for
additional signatures, for the submission of a constitutional amendment,
proposed law, section, or item of any law.
(1)
For the purpose of paragraph (F) of this rule, all forms used to compile the
required statements shall be those prescribed by the secretary of state
pursuant to division (C)(6) of section
3517.10
of the Revised Code.
(2) A ballot
issue political action committee shall file the statements required by
divisions (A)(1) and (A)(2) of section
3517.10
of the Revised Code if:
(a) In the case of the
pre-election statement required by division (A)(1) of that section, the
initiative, referendum or constitutional amendment issue will appear on the
election ballot and if either contributions received or expenditures made by
the ballot issue political action committee for the reporting period are more
than one thousand dollars;
(b) In
the case of the post-election statement required by division (A)(2) of that
section, the initiative, referendum or constitutional amendment issue did
appear on the election ballot.
(G) A ballot issue political action committee
formed pursuant to division (A) of section
3517.12
of the Revised Code and in compliance with this rule is created to support or
oppose a ballot issue or question and makes no contributions to or expenditures
on behalf of a political party, except for the party's
"Restricted Fund"
, "Building Fund,"
or "Levin Fund," campaign committee, legislative campaign fund, or non-ballot issue political action
committee.
(H) Pursuant to division
(D)(2) of section
3517.102
of the Revised Code, a ballot issue political action committee is not subject
to the limitations specified in divisions (B) (1)(a)(vii), (B)(3)(d), (B)(4),
and (C)(7) of section
3517.102
of the Revised Code.
(I) Nothing in
section
3517.12
of the Revised Code or this rule restricts or limits the creation of a
political action committee that is organized to support or oppose a certified
ballot issue or a proposed ballot issue.
(J) The filing and disclosure requirements of
divisions (A) and (C) of section
3517.12
of the Revised Code, as amplified by this rule, are separate and distinct from
the filing and disclosure requirements of division (B) of section
3517.12
of the Revised Code.
(K) As used in
this rule, "influencing the results of an election" shall include creating,
copying, distributing or circulating the initiative or referendum petition, or
supplementary petition for additional signatures, for the submission of a
constitutional amendment, proposed law, section or item of any law.
Notes
Promulgated Under: 119.03
Statutory Authority: 3517.23
Rule Amplifies: 3517.12
Prior Effective Dates: 07/27/2006, 01/25/2016
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