Ohio § 5505.044

§ 5505.044.

(A) As used in this section: (1) “ Campaign committee ” means a candidate or a combination of two or more persons authorized by a candidate

to receive contributions and in-kind contributions and make expenditures on behalf

of the candidate. (2) “ Candidate ” means an individual who has been nominated in accordance with rules adopted under section 5505.047 of the Revised Code for election to the state highway patrol retirement board or who is seeking to be

elected to fill a vacancy on the board pursuant to section 5505.042 of the Revised Code . (3) “ Contribution ” means a loan, gift, deposit, forgiveness of indebtedness, donation, advance, payment,

transfer of funds or transfer of 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 to the state highway patrol retirement board

under section 5505.041 or 5505.042 of the Revised Code or the results of an election to fill a vacancy on the board pursuant to section 5505.042 of the Revised Code . “Contribution” does not include: (a) Services provided without compensation by individuals volunteering a portion or all

of their time on behalf of a person; (b) Ordinary home hospitality; (c) The personal expenses of a volunteer paid for by that volunteer campaign worker. (4) “ Election day ” means the following, as appropriate to the situation: (a) The last day that ballots for an election to the state highway patrol retirement

board under section 5505.041 or 5505.042 of the Revised Code may be returned in order for the ballot to be counted; (b) If, pursuant to section 5505.043 of the Revised Code , no election is held, the last day that ballots would have been required to be returned

in order to be counted if an election was to be held under section 5505.041 or 5505.042 of the Revised Code . (5) “ Expenditure ” means the disbursement or use of a contribution for the purpose of influencing the

results of an election to the state highway patrol retirement board under section 5505.041 or 5505.042 of the Revised Code or the results of an election to fill a vacancy on the board pursuant to section 5505.042 of the Revised Code . (6) “ Independent expenditure ” means an expenditure by an individual, partnership, or other entity advocating the

election or defeat of an identified candidate or candidates, that is not made with

the consent of, in coordination, cooperation, or consultation with, or at the request

or suggestion of any candidate or candidates or of the campaign committee or agent

of the candidate or candidates.  An independent expenditure shall not be construed as being a contribution.  As used in division (A)(6) of this section: (a) “ Advocating ” means any communication containing a message advocating election or defeat. (b) “ Identified candidate ” means that the name of the candidate appears, a photograph or drawing of the candidate

appears, or the identity of the candidate is otherwise apparent by unambiguous reference. (c) “ Made in coordination, cooperation, or consultation with, or at the request or suggestion

of, any candidate or the campaign committee or agent of the candidate ” means made pursuant to any arrangement, coordination, or direction by the candidate,

the candidate's campaign committee, or the candidate's agent prior to the publication,

distribution, display, or broadcast of the communication.  An expenditure is presumed to be so made when it is any of the following: (i) Based on information about the candidate's plans, projects, or needs provided to

the person making the expenditure by the candidate, or by the candidate's campaign

committee or agent, with a view toward having an expenditure made; (ii) Made by or through any person who is, or has been, authorized to raise or expend

funds, who is, or has been, an officer of the candidate's campaign committee, or who

is, or has been, receiving any form of compensation or reimbursement from the candidate

or the candidate's campaign committee or agent; (iii) Made by a political party in support of a candidate, unless the expenditure is made

by a political party to conduct voter registration or voter education efforts. (d) “ Agent ” means any person who has actual oral or written authority, either express or implied,

to make or to authorize the making of expenditures on behalf of a candidate, or means

any person who has been placed in a position with the candidate's campaign committee

or organization such that it would reasonably appear that in the ordinary course of

campaign-related activities the person may authorize expenditures. (7) “ In-kind contribution ” means anything of value other than money that is used to influence the results of

an election to the state highway patrol retirement board under section 5505.041 or 5505.042 of the Revised Code or the results of an election to fill a vacancy on the board pursuant to section 5505.042 of the Revised Code or is transferred to or used in support of or in opposition to a candidate and that

is made with the consent of, in coordination, cooperation, or consultation with, or

at the request or suggestion of the benefited candidate.  The financing of the dissemination, distribution, or republication, in whole or

in part, of any broadcast or of any written, graphic, or other form of campaign materials

prepared by the candidate, the candidate's campaign committee, or their authorized

agents is an in-kind contribution to the candidate and an expenditure by the candidate. (8) “ Personal expenses ” includes ordinary expenses for accommodations, clothing, food, personal motor vehicle

or airplane, and home telephone. (B) Except as otherwise provided in division (D) of this section, each candidate who,

or whose campaign committee, receives contributions or in-kind contributions totaling

one thousand dollars or more or has expenditures totaling one thousand dollars or

more in connection with the candidate's efforts to be elected to the state highway

patrol retirement board shall file with the secretary of state two complete, accurate,

and itemized statements setting forth in detail the contributions, in-kind contributions,

and expenditures.  The statements shall be filed regardless of whether an election is held or, pursuant

to section 5505.043 of the Revised Code , an election is not held.  The statements shall be made on a form prescribed under section 111.30 of the Revised Code .  Every expenditure shall be vouched for by a receipted bill, stating the purpose

of the expenditures, that shall be filed with the statement;  a canceled check with

a notation of the purpose of the expenditure is a receipted bill for purposes of this

division. The first statement shall be filed not later than four p.m. on the day that is twelve

days before election day.  The second statement shall be filed not sooner than the day that is eight days after

election day and not later than thirty-eight days after election day.  The first statement shall reflect contributions and in-kind contributions received

and expenditures made to the close of business on the twentieth day before election

day.  The second statement shall reflect contributions and in-kind contributions received

and expenditures made during the period beginning on the nineteenth day before election

day and ending on the close of business on the seventh day after election day. (C) Each individual, partnership, or other entity who makes an independent expenditure

in connection with the candidate's efforts to be elected to the state highway patrol

retirement board shall file with the secretary of state two complete, accurate, and

itemized statements setting forth in detail the independent expenditures.  The statements shall be filed regardless of whether an election is held or, pursuant

to section 5505.043 of the Revised Code , an election is not held.  The statements shall be made on a form prescribed under section 111.30 of the Revised Code . The first statement shall be filed not later than four p.m. on the day that is twelve

days before election day.  The second statement shall be filed not sooner than the day that is eight days after

election day and not later than thirty-eight days after election day.  The first statement shall reflect independent expenditures made to the close of

business on the twentieth day before election day.  The second statement shall reflect independent expenditures made during the period

beginning on the nineteenth day before election day and ending on the close of business

on the seventh day after election day. (D) Each candidate who, or whose campaign committee, receives a contribution or in-kind

contribution or makes an expenditure in connection with the candidate's efforts to

be elected to fill a vacancy in the public employees retirement board pursuant to section 5505.042 of the Revised Code shall file with the secretary of state a complete, accurate, and itemized statement

setting forth in detail the contributions, in-kind contributions, and expenditures.  The statement shall be made on a form prescribed under section 111.30 of the Revised Code .  Every expenditure shall be vouched for by a receipted bill, stating the purpose

of the expenditures, that shall be filed with the statement;  a canceled check with

a notation of the purpose of the expenditure is a receipted bill for purposes of this

division. The statement shall be filed within thirty-eight days after the day the candidate

takes office.  The statement shall reflect contributions and in-kind contributions received and

expenditures made to the close of business on the seventh day after the day the candidate

takes office.