Bill Title: To prohibit a county elected officer and the campaign committee of such an officer from accepting a political contribution from any employee of the county.
Spectrum: Partisan Bill (Republican 19-0)
Status: (Introduced - Dead) 2009-09-15 - To Elections & Ethics
[HB278 Detail]Download: Ohio-2009-HB278-Introduced.html
As Introduced
| 128th General Assembly | | Regular Session | | 2009-2010 |
| |
Representative Batchelder
Cosponsors:
Representatives Baker, Boose, Evans, Morgan, Dolan, Adams, R., Huffman, Grossman, Blessing, Combs, Jordan, Hall, Wachtmann, Uecker, Bubp, Maag, Hackett, Stautberg
A BILL
| To amend section 3517.092 of the Revised Code to | 1 |
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prohibit a county elected officer and the campaign | 2 |
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committee of such an officer from accepting a | 3 |
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political contribution from any employee of the | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 3517.092 of the Revised Code be | 6 |
|
amended to read as follows: | 7 |
| Sec. 3517.092. (A) As used in this section: | 8 |
| (1) "Appointing authority" has the same
meaning as in section | 9 |
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124.01 of the Revised
Code. | 10 |
| (2) "State elected officer" means any person
appointed or | 11 |
|
elected to a state elective office. | 12 |
| (3) "State elective office" means any of the
offices of | 13 |
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governor, lieutenant governor, secretary of state,
auditor of | 14 |
|
state, treasurer of state, attorney general, member of the state | 15 |
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board of education, member of
the general assembly, and justice | 16 |
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and chief justice of the
supreme court. | 17 |
| (4) "Contribution" includes a contribution to any political | 18 |
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party, campaign
committee, political action committee, political | 19 |
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contributing entity, or legislative campaign fund. | 20 |
| (5) "County elected officer" means any person appointed or | 21 |
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elected to a county elective office. | 22 |
| (6) "County elective office" means any of the offices of | 23 |
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county auditor, county treasurer, clerk of the court of common | 24 |
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pleas, sheriff, county recorder, county engineer, county | 25 |
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commissioner, prosecuting attorney, and coroner, and any other | 26 |
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elected office of county government established under any type of | 27 |
|
county government plan. | 28 |
| (B)(1) No state elected officer, no campaign
committee of | 29 |
|
such an officer, no employee of the state elected officer's | 30 |
|
office, and no other person or entity shall
knowingly solicit a | 31 |
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contribution
to a state elected officer or to such an officer's | 32 |
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campaign committee, and no state elected officer and no campaign | 33 |
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committee of such an officer shall accept a contribution, from any | 34 |
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of the following: | 35 |
| (a) A state employee whose appointing authority is the
state | 36 |
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elected officer; | 37 |
| (b) A state employee whose appointing authority is
authorized | 38 |
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or required by law to be appointed by the state
elected officer; | 39 |
| (c) A state employee who functions in or is employed in
or by | 40 |
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the same public agency, department, division, or office as
the | 41 |
|
state elected officer. | 42 |
| (2) No candidate for a state elective office, no campaign | 43 |
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committee of such a candidate, no employee of the candidate's | 44 |
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office if the candidate is a state elected officer or an elected | 45 |
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officer of a political subdivision of the state, and no
other | 46 |
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person or entity shall knowingly solicit a contribution to a | 47 |
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candidate for a state elective office or to such a candidate's | 48 |
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campaign committee, and no candidate for a state elective office | 49 |
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and no campaign committee of such a candidate shall accept a | 50 |
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contribution, from any of the following: | 51 |
| (a) A state employee at the time of the solicitation,
whose | 52 |
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appointing authority will be the candidate, if elected; | 53 |
| (b) A state employee at the time of the solicitation,
whose | 54 |
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appointing authority will be appointed by the candidate, if | 55 |
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elected, as authorized or required by law; | 56 |
| (c) A state employee at the time of the solicitation,
who | 57 |
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will function in or be employed in or by the same public
agency, | 58 |
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department, division, or office as the candidate, if
elected. | 59 |
(C)(1) No(a) Subject to division (C)(1)(b) of this section, | 60 |
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no elected officer of a political subdivision of the state, no | 61 |
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campaign
committee of such an officer, no employee of such an | 62 |
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officer's office, and no other person or entity
shall knowingly | 63 |
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solicit a contribution to an elected officer of a political | 64 |
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subdivision of the state or to such an officer's campaign | 65 |
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committee from any of
the following: | 66 |
(a)(i) An employee of that political subdivision whose | 67 |
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appointing authority is that elected officer; | 68 |
(b)(ii) An employee of that political subdivision whose | 69 |
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appointing authority is
authorized or required by law to be | 70 |
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appointed by that
elected officer; | 71 |
(c)(iii) An employee of that political subdivision who | 72 |
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functions in or is employed
in or by the same public agency, | 73 |
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department, division, or office
as that elected officer. | 74 |
| (b) No county elected officer, no campaign committee of such | 75 |
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an officer, no employee of the county elected officer's office, | 76 |
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and no other person or entity shall knowingly solicit a | 77 |
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contribution to a county elected officer or to a county elected | 78 |
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officer's campaign committee, and no county elected officer and no | 79 |
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campaign committee of such an officer shall accept a contribution, | 80 |
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from any employee of that county. | 81 |
| (2) No candidate for an elective office of a political | 82 |
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subdivision of the state, no campaign committee of such
a | 83 |
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candidate, no employee of the candidate's office if the candidate | 84 |
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is a state elected officer or elected officer of a political | 85 |
|
subdivision of the state,
and no other person or entity shall | 86 |
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knowingly solicit a contribution to a candidate for an elective | 87 |
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office of a political subdivision of the state or to such a | 88 |
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candidate's campaign
committee from any of the following: | 89 |
| (a) An employee of that political subdivision at the time of | 90 |
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the solicitation,
whose appointing authority will be the | 91 |
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candidate, if elected; | 92 |
| (b) An employee of that political subdivision at the time of | 93 |
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the solicitation,
whose appointing authority will be appointed by | 94 |
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the candidate, if
elected, as authorized or required by law; | 95 |
| (c) An employee of that political subdivision at the time of | 96 |
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the solicitation,
who will function in or be employed in or by the | 97 |
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same public
agency, department, division, or office as the | 98 |
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candidate, if
elected. | 99 |
| (D)(1) No public employee shall solicit a contribution from | 100 |
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any person while
the public employee is performing the public | 101 |
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employee's
official duties or in those areas of a
public building | 102 |
|
where official business is transacted or conducted. | 103 |
| (2) No person shall solicit a contribution from any public | 104 |
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employee while the
public employee is performing the public | 105 |
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employee's official
duties or is in those areas of a
public | 106 |
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building where official business is
transacted or conducted. | 107 |
| (3) As used in division (D) of this section, "public | 108 |
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employee" does not
include any person holding an elective office. | 109 |
| (E) The prohibitions in divisions (B),
(C), and (D) of this | 110 |
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section are
in addition to the prohibitions in sections 124.57, | 111 |
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3304.22, and
4503.032 of the Revised Code. | 112 |
| Section 2. That existing section 3517.092 of the Revised | 113 |
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Code is hereby repealed. | 114 |
