2006 Ohio Revised Code - [3517.10.1] 3517.101.Gifts to party to pay for office facilities; party to file statement.

[§ 3517.10.1] § 3517.101. Gifts to party to pay for office facilities; party to file statement.
 

(A)  As used in this section: 

(1) "Gift" means a gift, subscription, loan, advance, or deposit of money or anything of value, given to a state or county political party, that is specifically designated and used to defray any cost incurred on or after the effective date of this section for the construction, renovation, or purchase of any office facility that is not used solely for the purpose of directly influencing the election of any individual candidate in any particular election for any office. 

(2) "Address" has the meaning given in division (F) of section 3517.10 of the Revised Code. 

(3) "Political party" means only a major political party. 

(B)  Any person, including a corporation engaged in business in this state but not including a public utility, may make a gift to a state or county political party if the gift is specifically designated and used to defray any cost incurred on or after the effective date of this section for the construction, renovation, or purchase of any office facility that is not used solely for the purpose of directly influencing the election of any individual candidate in any particular election for any office and, if it is a gift of money from a corporation engaged in business in this state, if the gift does not exceed ten per cent of the cost of the construction, renovation, or purchase. Such gift shall not be considered a contribution or expenditure prohibited by any section of the Revised Code. 

(C) (1)  Each state or county political party that receives a gift pursuant to this section shall file on a form prescribed by the secretary of state, a full, true, and itemized statement describing the gift received and how it was disbursed. The statement shall be made under penalty of election falsification and shall be filed not later than four p.m. of the last day of January of every year to reflect gifts received and disbursed during the immediately preceding calendar year. 

(2) Each statement required under division (C)(1) of this section shall contain all of the following information: 

(a) The full name and address of the state or county political party filing the statement, including its treasurer; 

(b) A description of each gift received, which shall include: 

(i) The month, day, and year on which the gift was received; 

(ii) The full name and address of each person from whom or from which the gift was received; 

(iii) The nature of the gift, if other than money; 

(iv) The value of the gift in dollars and cents. 

Each gift received shall be itemized separately regardless of its amount or value. 

(c) An itemization of how each gift was disbursed; 

(d) The total value of gifts received and gifts disbursed during each reporting period; 

(e) The total cost of the construction, renovation, or purchase of any office facility for which a gift is used. 

(D) (1)  All monetary gifts and all income from the lease or rental of an office facility for which a gift is used shall be deposited in an account separate from other funds and maintained in that separate account. Except as provided in division (D)(2) of this section, moneys in the account shall be used only for the construction, renovation, or purchase of an office facility as described in division (B) of this section. 

(2) Any moneys remaining in an account under division (D)(1) of this section after the construction, renovation, or purchase of an office facility shall be used only for the maintenance and repair of the facility or for the construction, renovation, or purchase of another office facility as described in division (B) of this section and shall not be used for operating costs of the facility or for any other purpose. 

(3) When a state or county political party sells an office facility that was constructed, renovated, or purchased in whole or in part from monetary gifts, the party shall deposit in the account under division (D)(1) of this section an amount that is the same percentage of the total proceeds of the sale as the monetary gifts used in the construction, renovation, or purchase of the facility were of the total cost of that construction, renovation, or purchase. Proceeds deposited in the account shall be used only for the construction, renovation, or purchase of another office facility as described in division (B) of this section. 

(E)  A state political party shall file a statement required under this section with the secretary of state and a county political party shall file a statement required under this section with the board of elections of the county in which the party is located. 

(F) (1)  No state or county political party shall fail to file a statement required to be filed under this section. 

(2) No state or county political party shall knowingly fail to report, or shall knowingly misrepresent, a gift required to be reported on a statement required to be filed under this section. 

(G)  No state or county political party shall expend or use a gift for a purpose other than to defray any cost incurred on or after the effective date of this section for the construction, renovation, or purchase of an office facility as described in division (B) of this section or for the maintenance and repair of such a facility as provided in division (D)(2) of this section. 

(H)  Prior to receiving any gift under this section, every political party shall appoint a treasurer and file, on a form prescribed by the secretary of state, a designation of the appointment, including the full name and address of the political party. The designation shall be filed with the official with whom the political party is required to file statements under division (E) of this section. The treasurer shall keep a strict account of all gifts required to be reported under this section. The secretary of state or board of elections, as the case may be, shall, if requested, issue a receipt for each statement filed under this section and preserve a record of the filing for at least six years. All such statements shall be open to public inspection in the office where they are filed, and shall be carefully preserved for a period of at least six years after the year in which they are filed. 
 

HISTORY: 143 v S 6. Eff 10-30-89.

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