Bill Title: To increase the penalties for making a false statement in campaign materials related to nomination or election for a statewide office or office of a member of the General Assembly, or in regard to any campaign for or against a ballot question or issue, and to require the person who made the false statement to pay reasonable attorney's fees.
Spectrum: Partisan Bill (Republican 13-0)
Status: (Introduced - Dead) 2011-09-07 - To State Government & Elections
[HB315 Detail]Download: Ohio-2011-HB315-Introduced.html
As Introduced
| 129th General Assembly | | Regular Session | | 2011-2012 |
| |
Representatives Baker, Sears
Cosponsors:
Representatives Adams, R., Blair, Derickson, Gonzales, Grossman, Hagan, C., Henne, Huffman, Landis, Stebelton, Thompson
A BILL
| To amend sections 3517.155 and 3517.992 of the | 1 |
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Revised Code to increase the penalties for making | 2 |
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a false statement in campaign materials related to | 3 |
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nomination or election for a statewide office or | 4 |
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office of a member of the General Assembly, or in | 5 |
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regard to any campaign for or against a ballot | 6 |
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question or issue, and to require the person who | 7 |
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made the false statement to pay reasonable | 8 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 3517.155 and 3517.992 of the | 10 |
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Revised Code be amended to read as follows: | 11 |
| Sec. 3517.155. (A)(1) Except as otherwise provided in | 12 |
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division (B) of this section, the Ohio elections commission shall | 13 |
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hold its first hearing on a complaint filed with it, other than a | 14 |
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complaint that receives an expedited hearing under section | 15 |
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3517.156 of the Revised Code, not later than ninety business days | 16 |
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after the complaint is filed unless the commission has good cause | 17 |
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to hold the hearing after that time, in which case it shall hold | 18 |
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the hearing not later than one hundred eighty business days after | 19 |
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the complaint is filed. At the hearing, the commission shall | 20 |
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determine whether or not the failure to act or the violation | 21 |
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alleged in the complaint has occurred and shall do only one of the | 22 |
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following, except as otherwise provided in division (B) of this | 23 |
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section or in division (B) of section 3517.151 of the Revised | 24 |
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Code: | 25 |
| (a) Enter a finding that good cause has been shown not to | 26 |
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impose a fine or not to refer the matter to the appropriate | 27 |
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prosecutor; | 28 |
| (b) Impose a fine under section 3517.993 of the Revised Code; | 29 |
| (c) Refer the matter to the appropriate prosecutor; | 30 |
| (d) Direct the secretary of state or appropriate board of | 31 |
|
elections with the authority to certify a candidate to the ballot | 32 |
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to remove a candidate's name from the ballot if the candidate is | 33 |
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barred from the ballot under division (D) of section 3517.1010 of | 34 |
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the Revised Code. | 35 |
| (2) As used in division (A) of this section, "appropriate | 36 |
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prosecutor" means a prosecutor as defined in section 2935.01 of | 37 |
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the Revised Code and either of the following: | 38 |
| (a) In the case of a failure to comply with or a violation of | 39 |
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law involving a campaign committee or the committee's candidate, a | 40 |
|
political party, a legislative campaign fund, a political action | 41 |
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committee, or a political contributing entity, that is required to | 42 |
|
file a statement of contributions and expenditures with the | 43 |
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secretary of state under division (A) of section 3517.11 of the | 44 |
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Revised Code, the prosecutor of Franklin county; | 45 |
| (b) In the case of a failure to comply with or a violation of | 46 |
|
law involving any other campaign committee or committee's | 47 |
|
candidate, or any other political party, political action | 48 |
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committee, or political contributing entity either of the | 49 |
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following as determined by the commission: | 50 |
| (i) The prosecutor of Franklin county; | 51 |
| (ii) The prosecutor of the county in which the candidacy or | 52 |
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ballot question or issue is submitted to the electors or, if it is | 53 |
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submitted in more than one county, the most populous of those | 54 |
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counties. | 55 |
| (B)(1) If the commission decides that the evidence is | 56 |
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insufficient for it to determine whether or not the failure to act | 57 |
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or the violation alleged in the complaint has occurred, the | 58 |
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commission, by the affirmative vote of five members, may request | 59 |
|
that an investigatory attorney investigate the complaint. Upon | 60 |
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that request, an investigatory attorney shall make an | 61 |
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investigation in order to produce sufficient evidence for the | 62 |
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commission to decide the matter. If the commission requests an | 63 |
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investigation under this division, for good cause shown by the | 64 |
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investigatory attorney, the commission may extend by sixty days | 65 |
|
the deadline for holding its first hearing on the complaint as | 66 |
|
required in division (A) of this section. | 67 |
| (2) If all of the following apply, the commission shall | 68 |
|
require a party who is fined under division (A)(1)(b) of this | 69 |
|
section or referred for prosecution under division (A)(1)(c) of | 70 |
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this section, to also pay the reasonable attorney's fees of the | 71 |
|
person who filed the complaint with the commission: | 72 |
| (a) The fine or referral for prosecution is made pursuant to | 73 |
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division (B) of section 3517.21 or division (B) of section 3517.22 | 74 |
|
of the Revised Code for a false statement; | 75 |
| (b) The false statement was made in regard to a campaign for | 76 |
|
nomination or election to a statewide office or the office of | 77 |
|
member of the general assembly or in regard to any campaign for or | 78 |
|
against a ballot question or issue; | 79 |
| (c) The commission determines that the violator made one or | 80 |
|
more additional publications of the false statement after a panel | 81 |
|
of the commission found probable cause to believe the statement | 82 |
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violated division (B) of section 3517.21 or division (B) of | 83 |
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section 3517.22 of the Revised Code. | 84 |
| (C) The commission shall take one of the actions required | 85 |
|
under division (A) of this section not later than thirty days | 86 |
|
after the close of all the evidence presented. | 87 |
| (D)(1) The commission shall make any finding of a failure to | 88 |
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comply with or a violation of law in regard to a complaint that | 89 |
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alleges a violation of division (D) of section 3517.1010, division | 90 |
|
(A) or (B) of section 3517.21, or division (A) or (B) of section | 91 |
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3517.22 of the Revised Code by clear and convincing evidence. The | 92 |
|
commission shall make any finding of a failure to comply with or a | 93 |
|
violation of law in regard to any other complaint by a | 94 |
|
preponderance of the evidence. | 95 |
| (2) If the commission finds a violation of division (B) of | 96 |
|
section 3517.21 or division (B) of section 3517.22 of the Revised | 97 |
|
Code, it shall refer the matter to the appropriate prosecutor | 98 |
|
under division (A)(1)(c) of this section and shall not impose a | 99 |
|
fine under division (A)(1)(b) of this section or section 3517.993 | 100 |
|
of the Revised Code. | 101 |
| (E) In an action before the commission or a panel of the | 102 |
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commission, if the allegations of the complainant are not proved, | 103 |
|
and the commission takes the action described in division | 104 |
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(A)(1)(a) of this section or a panel of the commission takes the | 105 |
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action described in division (C)(1) of section 3517.156 of the | 106 |
|
Revised Code, the commission or a panel of the commission may find | 107 |
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that the complaint is frivolous, and, if the commission or panel | 108 |
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so finds, the commission shall order the complainant to pay | 109 |
|
reasonable attorney's fees and to pay the costs of the commission | 110 |
|
or panel as determined by a majority of the members of the | 111 |
|
commission. The costs paid to the commission or panel under this | 112 |
|
division shall be deposited into the Ohio elections commission | 113 |
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fund. | 114 |
| Sec. 3517.992. This section establishes penalties only with | 115 |
|
respect to acts or failures to act that occur on and after August | 116 |
|
24, 1995. | 117 |
| (A)(1) A candidate whose campaign committee violates division | 118 |
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(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code, | 119 |
|
or a treasurer of a campaign committee who violates any of those | 120 |
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divisions, shall be fined not more than one hundred dollars for | 121 |
|
each day of violation. | 122 |
| (2) Whoever violates division (E) or (X)(5) of section | 123 |
|
3517.13 of the Revised Code shall be fined not more than one | 124 |
|
hundred dollars for each day of violation. | 125 |
| (B) A political party that violates division (F)(1) of | 126 |
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section 3517.101 of the Revised Code shall be fined not more than | 127 |
|
one hundred dollars for each day of violation. | 128 |
| (C) Whoever violates division (F)(2) of section 3517.101 or | 129 |
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division (G) of section 3517.13 of the Revised Code shall be fined | 130 |
|
not more than ten thousand dollars or, if the offender is a person | 131 |
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who was nominated or elected to public office, shall forfeit the | 132 |
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nomination or the office to which the offender was elected, or | 133 |
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both. | 134 |
| (D) Whoever violates division (F) of section 3517.13 of the | 135 |
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Revised Code shall be fined not more than three times the amount | 136 |
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contributed. | 137 |
| (E) Whoever violates division (H) of section 3517.13 of the | 138 |
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Revised Code shall be fined not more than one hundred dollars. | 139 |
| (F) Whoever violates division (O), (P), or (Q) of section | 140 |
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3517.13 of the Revised Code is guilty of a misdemeanor of the | 141 |
|
first degree. | 142 |
| (G) A state or county committee of a political party that | 143 |
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violates division (B)(1) of section 3517.18 of the Revised Code | 144 |
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shall be fined not more than twice the amount of the improper | 145 |
|
expenditure. | 146 |
| (H) A state or county political party that violates division | 147 |
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(G) of section 3517.101 of the Revised Code shall be fined not | 148 |
|
more than twice the amount of the improper expenditure or use. | 149 |
| (I)(1) Any individual who violates division (B)(1) of section | 150 |
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3517.102 of the Revised Code and knows that the contribution the | 151 |
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individual makes violates that division shall be fined an amount | 152 |
|
equal to three times the amount contributed in excess of the | 153 |
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amount permitted by that division. | 154 |
| (2) Any political action committee that violates division | 155 |
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(B)(2) of section 3517.102 of the Revised Code shall be fined an | 156 |
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amount equal to three times the amount contributed in excess of | 157 |
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the amount permitted by that division. | 158 |
| (3) Any campaign committee that violates division (B)(3) or | 159 |
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(5) of section 3517.102 of the Revised Code shall be fined an | 160 |
|
amount equal to three times the amount contributed in excess of | 161 |
|
the amount permitted by that division. | 162 |
| (4)(a) Any legislative campaign fund that violates division | 163 |
|
(B)(6) of section 3517.102 of the Revised Code shall be fined an | 164 |
|
amount equal to three times the amount transferred or contributed | 165 |
|
in excess of the amount permitted by that division, as applicable. | 166 |
| (b) Any state political party, county political party, or | 167 |
|
state candidate fund of a state political party or county | 168 |
|
political party that violates division (B)(6) of section 3517.102 | 169 |
|
of the Revised Code shall be fined an amount equal to three times | 170 |
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the amount transferred or contributed in excess of the amount | 171 |
|
permitted by that division, as applicable. | 172 |
| (c) Any political contributing entity that violates division | 173 |
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(B)(7) of section 3517.102 of the Revised Code shall be fined an | 174 |
|
amount equal to three times the amount contributed in excess of | 175 |
|
the amount permitted by that division. | 176 |
| (5) Any political party that violates division (B)(4) of | 177 |
|
section 3517.102 of the Revised Code shall be fined an amount | 178 |
|
equal to three times the amount contributed in excess of the | 179 |
|
amount permitted by that division. | 180 |
| (6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5) | 181 |
|
of this section, no violation of division (B) of section 3517.102 | 182 |
|
of the Revised Code occurs, and the secretary of state shall not | 183 |
|
refer parties to the Ohio elections commission, if the amount | 184 |
|
transferred or contributed in excess of the amount permitted by | 185 |
|
that division meets either of the following conditions: | 186 |
| (a) It is completely refunded within five business days after | 187 |
|
it is accepted. | 188 |
| (b) It is completely refunded on or before the tenth business | 189 |
|
day after notification to the recipient of the excess transfer or | 190 |
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contribution by the board of elections or the secretary of state | 191 |
|
that a transfer or contribution in excess of the permitted amount | 192 |
|
has been received. | 193 |
| (J)(1) Any campaign committee that violates division (C)(1), | 194 |
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(2), (3), or (6) of section 3517.102 of the Revised Code shall be | 195 |
|
fined an amount equal to three times the amount accepted in excess | 196 |
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of the amount permitted by that division. | 197 |
| (2)(a) Any county political party that violates division | 198 |
|
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code | 199 |
|
shall be fined an amount equal to three times the amount accepted. | 200 |
| (b) Any county political party that violates division | 201 |
|
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be | 202 |
|
fined an amount from its state candidate fund equal to three times | 203 |
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the amount accepted in excess of the amount permitted by that | 204 |
|
division. | 205 |
| (c) Any state political party that violates division | 206 |
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(C)(4)(b) of section 3517.102 of the Revised Code shall be fined | 207 |
|
an amount from its state candidate fund equal to three times the | 208 |
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amount accepted in excess of the amount permitted by that | 209 |
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division. | 210 |
| (3) Any legislative campaign fund that violates division | 211 |
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(C)(5) of section 3517.102 of the Revised Code shall be fined an | 212 |
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amount equal to three times the amount accepted in excess of the | 213 |
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amount permitted by that division. | 214 |
| (4) Any political action committee or political contributing | 215 |
|
entity that violates division (C)(7) of section 3517.102 of the | 216 |
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Revised Code shall be fined an amount equal to three times the | 217 |
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amount accepted in excess of the amount permitted by that | 218 |
|
division. | 219 |
| (5) Notwithstanding divisions (J)(1), (2), (3), and (4) of | 220 |
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this section, no violation of division (C) of section 3517.102 of | 221 |
|
the Revised Code occurs, and the secretary of state shall not | 222 |
|
refer parties to the Ohio elections commission, if the amount | 223 |
|
transferred or contributed in excess of the amount permitted to be | 224 |
|
accepted by that division meets either of the following | 225 |
|
conditions: | 226 |
| (a) It is completely refunded within five business days after | 227 |
|
its acceptance. | 228 |
| (b) It is completely refunded on or before the tenth business | 229 |
|
day after notification to the recipient of the excess transfer or | 230 |
|
contribution by the board of elections or the secretary of state | 231 |
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that a transfer or contribution in excess of the permitted amount | 232 |
|
has been received. | 233 |
| (K)(1) Any legislative campaign fund that violates division | 234 |
|
(F)(1) of section 3517.102 of the Revised Code shall be fined | 235 |
|
twenty-five dollars for each day of violation. | 236 |
| (2) Any legislative campaign fund that violates division | 237 |
|
(F)(2) of section 3517.102 of the Revised Code shall give to the | 238 |
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treasurer of state for deposit into the state treasury to the | 239 |
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credit of the Ohio elections commission fund all excess | 240 |
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contributions not disposed of as required by division (E) of | 241 |
|
section 3517.102 of the Revised Code. | 242 |
| (L) Whoever violates section 3517.105 of the Revised Code | 243 |
|
shall be fined one thousand dollars. | 244 |
| (M)(1) Whoever solicits a contribution in violation of | 245 |
|
section 3517.092 or violates division (B) of section 3517.09 of | 246 |
|
the Revised Code is guilty of a misdemeanor of the first degree. | 247 |
| (2) Whoever knowingly accepts a contribution in violation of | 248 |
|
division (B) or (C) of section 3517.092 of the Revised Code shall | 249 |
|
be fined an amount equal to three times the amount accepted in | 250 |
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violation of either of those divisions and shall return to the | 251 |
|
contributor any amount so accepted. Whoever unknowingly accepts a | 252 |
|
contribution in violation of division (B) or (C) of section | 253 |
|
3517.092 of the Revised Code shall return to the contributor any | 254 |
|
amount so accepted. | 255 |
| (N) Whoever violates division (S) of section 3517.13 of the | 256 |
|
Revised Code shall be fined an amount equal to three times the | 257 |
|
amount of funds transferred or three times the value of the assets | 258 |
|
transferred in violation of that division. | 259 |
| (O) Any campaign committee that accepts a contribution or | 260 |
|
contributions in violation of section 3517.108 of the Revised | 261 |
|
Code, uses a contribution in violation of that section, or fails | 262 |
|
to dispose of excess contributions in violation of that section | 263 |
|
shall be fined an amount equal to three times the amount accepted, | 264 |
|
used, or kept in violation of that section. | 265 |
| (P) Any political party, state candidate fund, legislative | 266 |
|
candidate fund, or campaign committee that violates division (T) | 267 |
|
of section 3517.13 of the Revised Code shall be fined an amount | 268 |
|
equal to three times the amount contributed or accepted in | 269 |
|
violation of that section. | 270 |
| (Q) A treasurer of a committee or another person who violates | 271 |
|
division (U) of section 3517.13 of the Revised Code shall be fined | 272 |
|
not more than two hundred fifty dollars. | 273 |
| (R) Whoever violates division (I) or (J) of section 3517.13 | 274 |
|
of the Revised Code shall be fined not more than one thousand | 275 |
|
dollars. Whenever a person is found guilty of violating division | 276 |
|
(I) or (J) of section 3517.13 of the Revised Code, the contract | 277 |
|
awarded in violation of either of those divisions shall be | 278 |
|
rescinded if its terms have not yet been performed. | 279 |
| (S) A candidate whose campaign committee violates or a | 280 |
|
treasurer of a campaign committee who violates section 3517.081 of | 281 |
|
the Revised Code, and a candidate whose campaign committee | 282 |
|
violates or a treasurer of a campaign committee or another person | 283 |
|
who violates division (C) of section 3517.10 of the Revised Code, | 284 |
|
shall be fined not more than five hundred dollars. | 285 |
| (T) A candidate whose campaign committee violates or a | 286 |
|
treasurer of a committee who violates division (B) of section | 287 |
|
3517.09 of the Revised Code, or a candidate whose campaign | 288 |
|
committee violates or a treasurer of a campaign committee or | 289 |
|
another person who violates division (C) of section 3517.09 of the | 290 |
|
Revised Code shall be fined not more than one thousand dollars. | 291 |
| (U) Whoever violates section 3517.20 of the Revised Code | 292 |
|
shall be fined not more than five hundred dollars. | 293 |
| (V) Whoever violates section 3517.21 or 3517.22 of the | 294 |
|
Revised Code shall be imprisoned for not more than six months or | 295 |
|
fined not more than five thousand dollars, or both. If the | 296 |
|
violation involves a false statement made under division (B) of | 297 |
|
section 3517.21 or division (B) of section 3517.22 of the Revised | 298 |
|
Code, the false statement was made in regard to a campaign for | 299 |
|
nomination or election to a statewide office or the office of | 300 |
|
member of the general assembly or in regard to a campaign for or | 301 |
|
against a ballot question or issue, and the violator made one or | 302 |
|
more additional publications of the false statement after a panel | 303 |
|
of the elections commission found probable cause to believe the | 304 |
|
statement violated the applicable division, the violator shall be | 305 |
|
imprisoned for not more than six months or fined one hundred | 306 |
|
thousand dollars, or both, and the violator shall pay the | 307 |
|
reasonable attorney's fees of the person filing the complaint. | 308 |
| (W) A campaign committee that is required to file a | 309 |
|
declaration of no limits under division (D)(2) of section 3517.103 | 310 |
|
of the Revised Code that, before filing that declaration, accepts | 311 |
|
a contribution or contributions that exceed the limitations | 312 |
|
prescribed in section 3517.102 of the Revised Code, shall return | 313 |
|
that contribution or those contributions to the contributor. | 314 |
| (X) Any campaign committee that fails to file the declaration | 315 |
|
of filing-day finances required by division (F) of section | 316 |
|
3517.109 or the declaration of primary-day finances or declaration | 317 |
|
of year-end finances required by division (E) of section 3517.1010 | 318 |
|
of the Revised Code shall be fined twenty-five dollars for each | 319 |
|
day of violation. | 320 |
| (Y) Any campaign committee that fails to dispose of excess | 321 |
|
funds or excess aggregate contributions under division (B) of | 322 |
|
section 3517.109 of the Revised Code in the manner required by | 323 |
|
division (C) of that section or under division (B) of section | 324 |
|
3517.1010 of the Revised Code in the manner required by division | 325 |
|
(C) of that section shall give to the treasurer of state for | 326 |
|
deposit into the Ohio elections commission fund created under | 327 |
|
division (I) of section 3517.152 of the Revised Code all funds not | 328 |
|
disposed of pursuant to those divisions. | 329 |
| (Z) Any individual, campaign committee, political action | 330 |
|
committee, political contributing entity, legislative campaign | 331 |
|
fund, political party, or other entity that violates any provision | 332 |
|
of sections 3517.09 to 3517.12 of the Revised Code for which no | 333 |
|
penalty is provided for under any other division of this section | 334 |
|
shall be fined not more than one thousand dollars. | 335 |
| (AA)(1) Whoever knowingly violates division (W)(1) of section | 336 |
|
3517.13 of the Revised Code shall be fined an amount equal to | 337 |
|
three times the amount contributed, expended, or promised in | 338 |
|
violation of that division or ten thousand dollars, whichever | 339 |
|
amount is greater. | 340 |
| (2) Whoever knowingly violates division (W)(2) of section | 341 |
|
3517.13 of the Revised Code shall be fined an amount equal to | 342 |
|
three times the amount solicited or accepted in violation of that | 343 |
|
division or ten thousand dollars, whichever amount is greater. | 344 |
| (BB) Whoever knowingly violates division (C) or (D) of | 345 |
|
section 3517.1011 of the Revised Code shall be fined not more than | 346 |
|
ten thousand dollars plus not more than one thousand dollars for | 347 |
|
each day of violation. | 348 |
| (CC)(1) Subject to division (CC)(2) of this section, whoever | 349 |
|
violates division (H) of section 3517.1011 of the Revised Code | 350 |
|
shall be fined an amount up to three times the amount disbursed | 351 |
|
for the direct costs of airing the communication made in violation | 352 |
|
of that division. | 353 |
| (2) Whoever has been ordered by the Ohio elections commission | 354 |
|
or by a court of competent jurisdiction to cease making | 355 |
|
communications in violation of division (H) of section 3517.1011 | 356 |
|
of the Revised Code who again violates that division shall be | 357 |
|
fined an amount equal to three times the amount disbursed for the | 358 |
|
direct costs of airing the communication made in violation of that | 359 |
|
division. | 360 |
| (DD)(1) Any corporation or labor organization that violates | 361 |
|
division (X)(3)(a) of section 3517.13 of the Revised Code shall be | 362 |
|
fined an amount equal to three times the amount given in excess of | 363 |
|
the amount permitted by that division. | 364 |
| (2) Any state or county political party that violates | 365 |
|
division (X)(3)(b) of section 3517.13 of the Revised Code shall be | 366 |
|
fined an amount equal to three times the amount accepted in excess | 367 |
|
of the amount permitted by that division. | 368 |
| Section 2. That existing sections 3517.155 and 3517.992 of | 369 |
|
the Revised Code are hereby repealed. | 370 |
