2006 Ohio Revised Code - 3517.08. Matters not considered to be contribution or expenditure; attribution of expenditures; charitable donations.

§ 3517.08. Matters not considered to be contribution or expenditure; attribution of expenditures; charitable donations.
 

(A)  The personal expenses of a candidate paid for by the candidate, from the candidate's personal funds, shall not be considered as a contribution by or an expenditure by the candidate and shall not be reported under section 3517.10 of the Revised Code. 

(B) (1)  An expenditure by a political action committee or a political contributing entity shall not be considered a contribution by the political action committee or the political contributing entity or an expenditure by or on behalf of the candidate if the purpose of the expenditure is to inform only its members by means of mailed publications of its activities or endorsements. 

(2) An expenditure by a political party shall not be considered a contribution by the political party or an expenditure by or on behalf of the candidate if the purpose of the expenditure is to inform predominantly the party's members by means of mailed publications or other direct communication of its activities or endorsements, or for voter contact such as sample ballots, absent voter's ballots application mailings, voter registration, or get-out-the-vote activities. 

(C)  An expenditure by a continuing association, political contributing entity, or political party shall not be considered a contribution to any campaign committee or an expenditure by or on behalf of any campaign committee if the purpose of the expenditure is for the staff and maintenance of the continuing association's, political contributing entity's, or political party's headquarters, or for a political poll, survey, index, or other type of measurement not on behalf of a specific candidate. 

(D)  The expenses of maintaining a constituent office paid for, from the candidate's personal funds, by a candidate who is a member of the general assembly at the time of the election shall not be considered a contribution by or an expenditure by or on behalf of the candidate, and shall not be reported, if the constituent office is not used for any candidate's campaign activities. 

(E)  The net contribution of each social or fund-raising activity shall be calculated by totaling all contributions to the activity minus the expenditures made for the activity. 

(F)  An expenditure that purchases goods or services shall be attributed to an election when the disbursement of funds is made, rather than at the time the goods or services are used. The secretary of state, under the procedures of Chapter 119. of the Revised Code, shall establish rules for the attribution of expenditures to a candidate when the candidate is a candidate for more than one office during a reporting period and for expenditures made in a year in which no election is held. The secretary of state shall further define by rule those expenditures that are or are not by or on behalf of a candidate. 

(G)  An expenditure for the purpose of a charitable donation may be made if it is made to an organization that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19) of the Internal Revenue Code or is approved by advisory opinion of the Ohio elections commission as a legitimate charitable organization. Each expenditure under this division shall be separately itemized on statements made pursuant to section 3517.10 of the Revised Code. 
 

HISTORY: 135 v S 46 (Eff 7-23-74); 136 v H 1 (Eff 6-13-75); 136 v H 205 (Eff 1-1-76); 136 v H 1379 (Eff 6-23-76); 141 v H 639 (Eff 7-24-86); 141 v H 300 (Eff 9-17-86); 146 v S 8 (Eff 8-23-95); 147 v S 116 (Eff 12-9-97); 147 v S 134. Eff 7-13-98; 150 v H 1, § 1, eff. 3-31-05; 151 v S 115, § 1, eff. 4-26-05.
 

See provisions of § 3 of 151 v S 115 following RC § 3599.03. 

Analogous to former RC § 3517.08 (GC § 4785-184; 113 v 307(395), § 184; Bureau of Code Revision, 10-1-53; 125 v 713(794); 127 v 165; 130 v 837), repealed by § 2 of S 46 (135 v  - ), eff 7-23-74.

 

Effect of Amendments

151 v S 115, effective April 26, 2005, inserted "political contributing entity" twice in (B)(1) and (C). 

150 v H 1 (special session), effective March 31, 2005, in (B)(1), deleted "political contributing entity" following each instance of "political action committee" and made related changes; and, in (C), deleted "political contributing entity" following each instance of "continuing association".