Campaign finance requirements for Ohio ballot measures
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Campaign finance requirements for Ohio ballot measures are promulgated by the Ohio Secretary of State's Office. They are responsible for all campaign finance matters in the State of Ohio. The Ohio Elections Commission which is a division of the Secretary of State is responsible for hearing all complaints involving Ohio campaign finance law.
If anyone feels someone violated Ohio campaign finance law, a complaint must be filed by the Ohio Elections Commission. The commission hears all complaints. The first step the commission takes in hearing complaints is holding a probable cause hearing. The hearing is done by a three person committee to determine if there is probable cause of law violations. If probable cause is found, then the complaint gets heard by the full commission[1]. If the full commission finds someone guilty, they can render a monetary fine through civil action or if criminal law violations are involved then the case is referred to the Ohio Attorney General[2].
General requirements
Ballot issue committees
In Ohio, a group aimed at the passage or defeat of a ballot measure is considered to be a Ballot Issue Committee. It is defined by Ohio Law as a political action committee that is organized to support or oppose a proposed or certified ballot issue or question. Also, groups may be called ballot issue PAC's[3].
Designation of Treasurer
Under Ohio law, the form used for an official Statement of Organization is form 30-D which is called the Designation of Treasurer form. This form must be filed before any campaign contributions are accepted and expenditures made. Form 30-D also serves as the official registration form for ballot issue groups[4].
Statement of Circulators
Any ballot issue group that has people circulating petitions to place a ballot question in Ohio, a Statement of Circulator form must be filed. This must be filed within 30 days after the petitions have been filed[5].
Campaign finance requirements
Accounting requirements
All checks of a ballot measure committee must have the full name and address of the committee along with the registration number provided by the Ohio Secretary of State in order to make expenditures[6].
All expenditures over $25 must have a corresponding canceled check or receipt attached to the report[7].
Contribution limits
Under Ohio law, there are no campaign contribution limits for ballot issue groups. This means, any individual, Political Action Committee, State Party Committee, or labor union can donate unlimited sums of money to any ballot issue group[8]. The only limit is on cash contributions as all cash contributions are limited to $100.
However, groups are required to file a 30-B form to report corporate or labor union donations[9].
Mandatory electronic filing
Ohio mandates all campaign finance report forms are filed electronically[10].
Mandatory record retention
Ohio requires all records must be kept for six years by the ballot measure group and by the Ohio Secretary of State[11].
Public employee solicitation
Ohio prohibits campaigns from soliciting public employees for a state or local government to make contributions to a ballot issue committee[12].
Reporting requirements and reports
Under Ohio law, there are four mandated reports for ballot issue committees that are filed during the year.
Semi-Annual report
The semi-annual election report is the first election campaign finance report for ballot measure committees. This report covers all fundraising activity and expenditures from when the group was first registered to the last day of June. This report is due on the last business day in July at 4 PM-ET[13].
Pre-Election report
The pre-election report is the second election campaign finance report for ballot measure committees. This is the measure of how a group is doing financially days before the election. This report covers all fundraising activity and expenditures from when the date the group last reported to the 20th day before the election. This report is due 12 days before the election at 4 PM-ET[14]..
Post-Election report
The post-election report is the third election campaign finance report for ballot measure committees. This is the measure of how a group done during the final days leading up the election and measures post-election expenses. This report covers all fundraising activity and expenditures from when the date the group last reported to the 31st day after the election. This report is due 38 days after the election at 4 PM-ET[15].
Annual report
The annual report is the fourth and final election campaign finance report for ballot measure committees. This is the measure of how a group done overall during the election. This report covers all fundraising activity and expenditures from when the date the group last reported to the last day of December. This report is on the last business day in January at 4 PM-ET[16]. It is only required if a group had to report contributions or expenditures after the post-election report. If a group is terminated, then all fundraising activity goes on the termination report.
Terminating a committee
In Ohio, a ballot issue committee must have a zero balance, no outstanding debts, and no outstanding loans before the group can dissolve. In order to spend down to a zero balance, a committee can make a expenditure that is allowable under law. When all the criteria is met, a committee must file a final report with the Secretary of State. This report lists all activity that has occurred since the previous report. Also, the termination box must also be marked when the committee desires to terminate. In Ohio, the termination form and the final report are consolidated into one[17].
External links
References
- ↑ "Ohio General Assembly" Ohio Election Code(Referenced Statute 3517.156 Ohio Revised Code)
- ↑ "Ohio General Assembly" Ohio Election Code(Referenced Statute 3517.155 (A)(C) Ohio Revised Code)
- ↑ "Ohio General Assembly" Ohio Election Code(Referenced Statute 3517.12 Ohio Revised Code)
- ↑ "Ohio General Assembly" Ohio Election Code(Referenced Statute 3517.10 Ohio Revised Code)
- ↑ "Ohio General Assembly" Ohio Election Code(Referenced Statute 3517.12(B) Ohio Revised Code)
- ↑ "Ohio Secretary of State" Ohio Ballot Issue Campaign Committee campaign finance guidelines(See Page 3)
- ↑ "Ohio General Assembly" Ohio Election Law(Referenced Statute 3517.10(D) Ohio Revised Code)
- ↑ "Ohio General Assembly" Ohio Election Law(Referenced Statute 3517.102(D)(2) Ohio Revised Code)
- ↑ "Ohio General Assembly" Ohio Election Law(Referenced Statute 3517.13(F) Ohio Revised Code)
- ↑ "Ohio Secretary of State" Ohio Ballot Issue Campaign Committee campaign finance guidelines(See Page 7)
- ↑ "Ohio General Assembly" Ohio Election Law(Referenced Statute 3517.10(C) Ohio Revised Code)
- ↑ "Ohio General Assembly" Ohio Election Law(Referenced Statute 3517.092(F) Ohio Revised Code)
- ↑ "Ohio General Assembly" Ohio Election Law(Referenced Statute 3517.10(A)(4) Ohio Revised Code)
- ↑ "Ohio General Assembly" Ohio Election Law(Referenced Statute 3517.10(A)(1) Ohio Revised Code)
- ↑ "Ohio General Assembly" Ohio Election Law(Referenced Statute 3517.10(A)(2) Ohio Revised Code)
- ↑ "Ohio General Assembly" Ohio Election Law(Referenced Statute 3517.10(A)(3) Ohio Revised Code)
- ↑ "Ohio Secretary of State" Ohio Ballot Issue Campaign Committee campaign finance guidelines(See Page 8)
