Ohio Admin. Code 111:2-4-20 - Reporting contributions for partnerships
(A) As required by
division (I) of section
3517.10
of the Revised Code, except as otherwise provided by paragraph (F) of this
rule, the recipient of a contribution from a partnership or other
unincorporated business must itemize the contribution by listing both the
partnership or other unincorporated business and the name of each partner,
owner, or member for whom the partnership or
other unincorporated business issued the contribution. No contribution may be
made solely in the name of the partnership or other unincorporated
business.
(B) Simultaneous with the
issuance of a check or other instrument which represents one or more individual
contributions, a partnership or other unincorporated business must provide one
of the following:
(1) The name of each
partner, owner, or member as of the date of the contribution or contributions,
and a statement that the total contributions are to be allocated equally among
all of the partners, owners, or members; or
(2) The name of each partner, owner, or
member as of the date of the contribution or contributions who is participating
in the contribution or contributions, and a statement that the contribution or
contributions are to be allocated to those individuals in accordance with the
information provided by the partnership or other unincorporated business to the
recipient of the contribution.
(C) When a contribution is received from a
partnership or other unincorporated business, the recipient of the contribution
must itemize the contribution as directed by the partnership or other
unincorporated business pursuant to paragraph (B)(1) or (B)(2) of this rule. No
contribution from a partnership or other unincorporated business may be
accepted, deposited, or used unless the recipient
has the allocation information necessary to itemize the contribution by the
partner, owner, or member as provided by
paragraph (B)(1) or (B)(2) of this rule.
(D) To comply with division (I) of section
3517.10
of the Revised Code and this rule, the recipient of a contribution from a
partnership or other unincorporated business must separately list the name,
address, date, and amount of each allocated
contribution as provided by the partnership or other unincorporated business at
the time of the contribution. For each entry, whether on paper forms or by
electronic means of transmission as prescribed by the secretary of state, the
recipient shall utilize the employer/occupation field to disclose the name of
the issuing partnership or other unincorporated business.
(E) For purposes of contribution limitations
prescribed by section
3517.102
of the Revised Code, a contribution by a partnership or other unincorporated
business shall be considered to have been made by the partner(s), owner(s), or
member(s) as allocated and itemized pursuant to paragraphs (B)(1) and (B)(2) of
this rule and division (I)(2) of section
3517.10
of the Revised Code. The allocated portion of any partnership or other
unincorporated business contribution counts toward the limitations prescribed
by section
3517.102
of the Revised Code as applied to individuals, political action committees,
political contributing entities, political parties, campaign committees, and legislative campaign funds. Both the maker and
recipient of an allocated partnership or other unincorporated business
contribution must ensure that each allocated contribution, when added to any
other contribution from the allocated source, does not violate the contribution
limitations, as prescribed by section 3517.10
2
3517.102
of the Revised Code, of the allocated contributor.
(F) The supreme court of Ohio has adopted the
Ohio Code of Judicial Conduct which imposes limitations on campaign committees
for candidates seeking judicial office.
(1)
These rules identify three types of contributors to judicial campaign
committees:
(a) Individual
(b) Organization
(c) Political party
(2) The supreme court of Ohio has defined an
"organization" to include a "partnership, limited liability company,
association, professional association, ... law firm..."
(3) A contribution received by a campaign
committee of candidate seeking judicial office from and organization as defined
by the Ohio Code of Judicial Conduct is not required to be attributed or
allocated to any particular individual, owner, or partner. Rather, such a
contribution may be disclosed, in its entirety, as being received from the
organization.
Notes
Promulgated Under: 119.03
Statutory Authority: 3517.23
Rule Amplifies: 3517.10, 3517.102
Prior Effective Dates: 07/27/2006, 01/25/2016
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