agency-111-2•Ohio Administrative Code 111:2 — Secretary of State | Campaign Finance
Ohio Administrative Code 111:2 — Secretary of State | Campaign Finance
agency-111-2Ohio Adm.Code 111:2Regulation
Chapter 111:2-1 Notice of Meetings
Ohio Adm.Code 111:2-1-01 Scope.
Rules set forth in Chapters 111:2-1 to 111:2-5 of the Administrative Code are issued by the Ohio secretary of state to implement Ohio's campaign finance laws.
The rules set forth in Chapters 111:2-1 to 111:2-5 of the Administrative Code shall apply to the nomination or election of candidates, the circulator or committee in charge of an initiative or referendum petition, or support for or opposition to ballot issues in state and local elections. Nothing in those rules shall be construed as limiting or regulating federal elections, and those committees, parties, candidates, or funds when they participate in such federal elections.
Last updated July 15, 2026 at 2:57 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-1-02 Definitions.
As used in Chapter 3517. of the Revised Code and in rules set forth in Chapters 111:2-1 to 111:2-5 of the Administrative Code:
(A) In-kind contribution includes the provision of goods or services without charge or at a charge which is less than the usual and normal charge for such goods or such services. If goods or services are provided at less than the usual and normal charge, the amount of the in-kind contribution is the difference between the usual and normal charge for the goods or services at the time of the contribution and the amount charged the committee, party or fund.
(B) "Usual and normal charge for goods" means the price of those goods in the market from which they ordinarily would have been purchased at the time of the contribution; and "usual and normal charge for services", other than those provided by an unpaid volunteer, means the hourly or piecework charge for the services at a commercially reasonable rate prevailing at the time the services were rendered.
(C) "Membership association" means a membership organization, trade association, cooperative, corporation without capital stock, political contributing entity, or a local, national or international labor organization that has all or a majority of the following characteristics:
(1) Is composed of members, some or all of whom are vested with the power and authority to operate or administer the association, pursuant to the association's articles, bylaws, constitution, or other formal organizational documents;
(2) Expressly states the qualifications and requirements for membership in its articles, bylaws, constitution, or other formal organizational documents;
(3) Makes its articles, bylaws, constitution, or other formal organizational documents available to its members upon requests;
(4) Expressly solicits persons to become members;
(5) Expressly acknowledges the acceptance of membership, such as by sending a membership card or including the member's name on a membership newsletter list.
(D)
(1) "Member" means all persons who are currently satisfying the requirements for membership in a membership association, affirmatively accept the membership association's invitation to become a member, and who do any of the following:
(a) Have some significant financial attachment to the membership association, such as a significant investment or ownership stake;
(b) Pay membership dues, at least annually, of a specific amount predetermined by the association;
(c) Have a significant organizational attachment to the membership association which includes affirmation of membership on at least an annual basis and direct participatory rights in the governance of the association. For example, such rights could include the right to vote directly or indirectly for at least one individual on the membership association's highest governing board, the right to vote on policy questions where the highest governing body of the association is obligated to abide by the results, the right to approve the association's annual budget, or the right to participate directly in similar aspects of the association's governance.
(2) Notwithstanding the requirements for establishing membership, members of a local labor union are considered to be members of any national or international labor union of which the local labor union is a part and of any federation with which the local, national, or international labor union is affiliated.
(3) In the case of a membership association that has a national federation structure or has several levels, including for example, national, state, regional, and/or local affiliates, a person who qualifies as a member of any entity within the federation or of any affiliate by meeting the requirements for establishing membership shall also qualify as a member of all affiliates.
(4) Notwithstanding the requirements for establishing membership, the Ohio elections commission may determine, on a case-by-case basis, that persons who do not precisely meet those requirements but have a relatively enduring and independently significant organizational or financial attachment to the membership may be considered members. For example, student members who pay a lower amount of dues while in school, long term dues-paying members who qualify for lifetime membership status with little or no dues obligation, and retired members may be considered members of the organization.
(E) "Stockholder" or "shareholder" means a person who has a vested beneficial interest in stock, has the power to direct how that stock shall be voted, if it is voting stock, and has the right to receive dividends.
(F) "Occupation" means the principal job title or position of an individual and whether or not self-employed.
(G) "Employer" means the organization or person by whom an individual is employed, and not the name of his or her supervisor.
(H)
(1) "Affiliation" means with respect to all political action committees and political contributing entities:
(a) Political action committees, established, financed, maintained or controlled by the same corporation, organization, labor organization, continuing association or other person, including any parent, subsidiary, branch, division, or department, of that corporation, organization, labor organization, continuing association or other person.
(b) Political contributing entities established, financed, maintained or controlled by, or that are the same, corporation, organization, labor organization or other person, including any parent, subsidiary, branch, division, or department, of that corporation, organization, labor organization or other person.
(c) Political action committees and political contributing entities established, financed, maintained or controlled by, or that are the same, corporation, organization, labor organization, continuing association or other person, including any parent, subsidiary, branch, division, or department, of that corporation, organization, labor organization, or other person.
(2) "Affiliation" means for purposes of sharing a single contribution limit under section 3517.102 of the Revised Code with respect to political action committees and political contributing entities:
(a) Political action committees sharing a single contribution limit under section 3517.102 of the Revised Code include all political action committees, established, financed, maintained, or controlled by:
(i) A single corporation and its subsidiaries;
(ii) A single national or international labor union and its local labor unions or other subordinate organizations;
(iii) An organization of national or international labor unions and all its state and local central bodies;
(iv) A membership association, other than a political action committee, including trade or professional associations, and related state and local entities of that organization or group;
(v) The same person or group of persons;
(vi) A continuing association;
(vii) The same political contributing entity.
(b) Political contributing entities sharing a single contribution limit under section 3517.102 of the Revised Code include all political contributing entities established, financed, maintained, or controlled by:
(i) A single corporation and its subsidiaries;
(ii) A single national or international labor union and its local labor unions or other subordinate organizations;
(iii) An organization of national or international labor unions and all its state and local central bodies;
(iv) A membership association, other than a political action committee, including trade or professional associations, and related state and local entities of that organization or group; or
(v) The same person or group of persons
(3) The Ohio elections commission and the secretary of state for purposes of referral to the Ohio elections commission may examine the relationship between organizations, entities, committees, or funds that sponsor committees, between the committees themselves, or between one sponsoring entity or organization and a committee established by another entity or organization to determine whether committees or entities are affiliated.
(4) In determining whether committees or entities not described in paragraph (H)(2) of this rule are affiliated, the Ohio elections commission and the secretary of state will consider the following circumstantial factors in the context of the overall relationship between committees or sponsoring organizations or entities:
(a) Whether a sponsoring organization owns controlling interest in the voting stock or securities of the sponsoring organization of another committee;
(b) Whether a sponsoring organization, committee, or entity has the authority or ability to direct or participate in the governance of another sponsoring organization, committee, or entity through provisions of constitutions, by-laws, contracts, or other rules, or through formal or informal practices, or procedures;
(c) Whether a sponsoring organization, committee or entity has the authority or ability to hire, appoint, demote, or otherwise control the officers, or other decision making employees or members of another sponsoring organization, committee, or entity;
(d) Whether a sponsoring organization, committee, or entity has a common membership with another sponsoring organization, committee, or entity;
(e) Whether a sponsoring organization, committee, or entity has common officers or employees with another sponsoring organization, committee, or entity;
(f) Whether a sponsoring organization, committee, or entity provides funds in a significant amount or on an ongoing basis to another sponsoring organization, committee, or entity, such as through direct or indirect payments for administrative, fund-raising, or other costs, but not including the transfer to a committee of its allocated share of proceeds jointly raised;
(g) Whether a sponsoring organization, committee, or entity causes or arranges for funds in a significant amount or on an ongoing basis to be provided to another sponsoring organization, committee, or entity, but not including the transfer to a committee of its allocated share of proceeds jointly raised; or
(h) Whether the sponsoring organization, committee, or entity have similar patterns of contributions or contributors which indicate a formal or ongoing relationship between the sponsoring organization, committee, or entity.
The Ohio elections commission and the secretary of state for purposes of referral to the Ohio elections commission will examine these factors in the context of the overall relationship between committees, sponsoring organizations, or entities to determine whether the presence of any factor or factors is evidence of one committee, sponsoring organization, or entity having been established, financed, maintained, or controlled by another committee or sponsoring organization.
(I) "Solicitation" for purposes of sections 3517.082, 3517.09, 3517.092 and 3599.031 of the Revised Code shall mean an oral or written request for a contribution.
Examples of a solicitation include directly or indirectly asking a person for a monetary or an in-kind contribution.
(J) "Political contributing entity" means any entity, including a corporation or labor organization, that may lawfully make contributions and expenditures and that is not an individual or a political action committee, continuing association, campaign committee, political party, legislative campaign fund, designated state campaign committee, or state candidate fund. In addition, "political contributing entity" does not include professional associations under Chapter 1785. of the Revised Code, limited liability companies under Chapter 1705. of the Revised Code or partnerships as defined in Chapters 1776. to 1783. of the Revised Code.
(K)
(1) In determining whether a purpose is a "primary or major purpose" as used in the definition of "political action committee" under section 3517.01 of the Revised Code, the following shall be considered:
(a) Whether the combination of two or more persons receives money or any other thing of value in a common account for the specific purpose of supporting or opposing any candidate, political party, legislative campaign fund, political action committee, political contributing entity, or ballot issue;
(b) Whether the combination of two or more persons has or will make a continuing pattern of expenditures from a common account to support or oppose any candidate, political party, legislative campaign fund, political action committee, political contributing entity, or ballot issue;
(c) Whether the combination of two or more persons constitutes an entity that was not in existence prior to supporting or opposing any candidate, political party, legislative campaign fund, political action committee, political contributing entity, or ballot issue;
(d) Whether the total dollar value of the combination of two or more persons' activity described in paragraphs (K)(1)(a), (K)(1)(b) and (K)(1)(c) of this rule during a calendar year exceeds one hundred dollars.
(2) As used in this paragraph, "combination of two or more persons" does not include two or more persons making individual contributions to any campaign committee, political party, legislative campaign fund, political action committee, political contributing entity, or ballot issue.
(L) As provided in division (B)(8)(b) of section 3517.01 of the Revised Code, a political club that is formed primarily for social purposes and that meets the following criteria, is not a "political action committee" as defined by division (B)(8) of section 3517.01 of the Revised Code:
(1) Consists of one hundred members or less; and
(2) Has officers; and
(3) Periodic meetings; and
(4) Has less than two thousand five hundred dollars in its treasury at all times; and
(5) Makes aggregate total contribution(s) of one thousand dollars or less per calendar year.
Last updated June 15, 2026 at 4:03 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-1-03 Loan.
(A) The term "loan" includes a guarantee, endorsement, and any other form of security.
(B) A loan is a contribution at the time it is made and is a contribution to the extent that it remains unpaid. The aggregate amount loaned to a candidate or committee by a contributor, when added to other contributions from that individual to that candidate or committee, shall not exceed the contribution limit for the primary or general limit period in which they were received as set forth in section 3517.102 of the Revised Code. A loan only counts toward the contribution limits of the limit period in which it was received. A loan, to the extent that it is repaid, is no longer a contribution.
(C) If an individual, political action committee, political contributing entity, political party, campaign committee, or legislative campaign fund makes a loan to any candidate or committee, such loan shall be subject to the limitations set forth in section 3517.102 of the Revised Code. Repayment of the principal amount of such loan to any committee, fund, or party shall not be a contribution by the debtor to the lender, committee, fund, or party. The payment of interest to such committee, fund or party by the debtor shall be a contribution only to the extent that the interest paid exceeds a commercially reasonable rate prevailing at the time the loan is made.
(D) Except as otherwise provided in divisions (I)(6) and (J)(5) of section 3517.992 of the Revised Code, a loan that exceeds the contribution limits of section 3517.102 of the Revised Code shall be unlawful whether or not it is repaid.
(E) Except as provided in this rule, a loan is a contribution by each endorser or guarantor. Each endorser or guarantor shall be deemed to have contributed that portion of the total amount of the loan for which he or she agreed to be liable in a written agreement. Any reduction in the unpaid balance of the loan shall reduce proportionately the amount endorsed or guaranteed by each endorser or guarantor in such written agreement. In the event that such agreement does not stipulate the portion of the loan for which each endorser or guarantor is liable, the loan shall be considered a loan by each endorser or guarantor in the same proportion to the unpaid balance that each endorser or guarantor bears to the total number of endorsers or guarantors. If a third party other than the endorser or guarantor repays all or part of any loan the amount of any or all payments made by that third party constitutes a contribution by that third party.
(F) A candidate may obtain a loan on which his or her spouse's signature is required when joint assets are used as collateral or security for the loan. The spouse shall not be considered a contributor to the candidate's campaign if the value of the candidate's share of the property used as collateral equals or exceeds the amount of the loan which is used for the candidate's campaign.
(G) A loan obtained by a candidate's spouse, parents, children, sons-in-law, daughters-in-law, brothers, sisters, grandparents, mothers-in-law, fathers-in-law, brothers-in-law, sisters-in-law, or grandparents by marriage for the benefit of a statewide, senate, or house candidate's campaign committee shall be considered a contribution from the person or persons who guaranteed the loan and thereby subject to any limitations of section 3517.102 of the Revised Code.
(H) A loan of money by a state bank, a federally chartered depository institution (including a national bank), or a state-chartered depository institution whose deposits and accounts are insured is not a contribution by the lending institution if such loan is made in accordance with applicable banking laws and regulations and is made in the ordinary course of business. A loan will be deemed to be made in the ordinary course of business if it:
(1) Bears the usual and customary interest rate of the lending institution for the category of loan involved;
(2) Is made on a basis which assures repayment;
(3) Is evidenced by a written instrument; and
(4) Is subject to a due date or amortization schedule.
(I) Such loans shall be reported by the committee, party, or fund in accordance with division (B)(4)(e) of section 3517.10 of the Revised Code. For purposes of Chapter 3517. of the Revised Code, an overdraft made on a checking or savings account shall be considered a contribution by the bank or institution unless:
(1) The overdraft is made on an account which is subject to automatic overdraft protection;
(2) The overdraft is subject to immediate repayment; or
(3) There is a definite repayment schedule.
Last updated June 15, 2026 at 4:03 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-1-04 Name of the committee.
(A) In accordance with division (D) of section 3517.10 of the Revised Code, the name of each candidate's campaign committee shall include on the "Designation of Treasurer" form at least the last name of the candidate who authorized such committee.
(B) The campaign committee authorized by the pair of candidates jointly seeking the offices of governor and lieutenant governor shall include at least the last name of each candidate authorizing the campaign committee.
(C) A political action committee formed pursuant to Ohio law shall include the name of its sponsoring organization, if any, in the name listed on the "Designation of Treasurer" form. A committee established by a corporation or labor organization which has a number of subsidiaries need not include the name of each subsidiary in its name. Similarly, a committee established by a subsidiary need not include in its name the name of its parent or another subsidiary of its parent. For purposes of this rule, sponsoring organization means a corporation, nonprofit corporation, or labor organization that establishes or administers a political action committee or a separate segregated fund pursuant to section 3517.082 of the Revised Code.
(D) A labor organization that establishes a political contributing entity pursuant to Ohio law shall include the name of the labor organization on the "Designation of Treasurer" form. Such political contributing entity may use a clearly recognized abbreviation or acronym by which the labor organization is commonly know in lieu of the full name of the labor organization.
Last updated July 15, 2026 at 2:57 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-1-05 Best efforts.
When the treasurer of a candidate's campaign committee, political action committee, political contributing entity or separate segregated fund shows that best efforts have been used to obtain, maintain, and submit the information required by Chapter 3517. of the Revised Code, any report of such committee or fund shall be considered in compliance with such chapter. The treasurer shall make a notation on the form prescribed by the secretary of state, in lieu of the missing or incomplete information, that best efforts have been made to obtain that information.
With regard to reporting the identification of each person whose contribution(s) to the committee or fund and its affiliated committees or funds exceeds one hundred dollars, the treasurer and the committee or fund will be deemed to have exercised best efforts to obtain, maintain and report the required information if:
(A) All written solicitations for contributions in excess of one hundred dollars include a clear request for the contributor's full name, street address, name of employer, or occupation if self-employed.
(B) For each contribution received in excess of one hundred dollars which lacks required contributor information such as the contributor's full name, street address, name of employer, or occupation if self-employed, the treasurer makes at least one effort after the receipt of the contributions to obtain the missing information. Such effort shall consist of either a written request sent to the contributor or an oral request to the contributor documented in writing.
(C) The treasurer reports all contributor information not provided by the contributor, but in the campaign committee's possession; and
(D) If any of the contributor information is received after the contribution has been disclosed on a regularly scheduled report, the campaign committee files, before its next regularly scheduled reporting date, an amendment to the report disclosing the contributions including the contributor's identification together with the dates and amounts of the contributions.
(E) In accordance with division (L) of section 3517.10 of the Revised Code, this rule does not apply to contributions received by a political contributing entity from the dues, membership fees, or other assessments of its members or from its officeholders, shareholders, or employees to the extent that dues, membership fees, or other assessments may be aggregated for reporting purposes.
Last updated June 15, 2026 at 4:03 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-1-06 Computation of time.
In computing any period of time prescribed or allowed by agency 111 of the Administrative Code or Chapter 3517. of the Revised Code, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday.
Last updated October 26, 2023 at 11:09 AM
History
- Effective: January 25, 2016
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-1-07 Limitations pertaining to federal committees.
Any federal political committee, as defined in section 3517.107 of the Revised Code, that makes a contribution or contributions to a statewide or general assembly candidate, political action committee, political contributing entity, legislative campaign fund, or political party shall be subject to the limits on contributions that may be made by political action committees as set forth in section 3517.102 of the Revised Code.
Last updated July 15, 2026 at 2:57 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-1-08 Local candidate waiver of reporting requirements.
The campaign committee of a candidate that files a "Local Candidate Waiver" in addition to a designation of treasurer is not required to file any campaign finance reports pursuant to section 3517.10 of the Revised Code including any pre-election, postelection or annual report.
For purposes of determining if a "Local Candidate Waiver" is appropriate, election period is defined as the period of time beginning when the candidate files his or her candidacy petition through election day. The "Local Candidate Waiver" must be filed not later than ten days after the candidate's petition has been filed.
Candidates for an elected municipal office that pays an annual salary of five thousand dollars or less, candidates for member of a board of education (including educational service centers) except for state board of education, and candidates for township trustee and clerk may qualify to file a "Local Candidate Waiver" if all of the following apply: the campaign committee will not accept during an election period more than two thousand dollars of aggregate contributions; will not accept more than one hundred dollars from any one individual contributor; and will not make aggregate expenditures during an election period greater than two thousand dollars. For purposes of this paragraph, "individual" does not include the candidate whose campaign committee has filed a "Local Candidate Waiver."
If the campaign committee of a candidate that has filed a "Local Candidate Waiver" subsequently accepts any contributions in excess of the amounts set out above or spends more than two thousand dollars, the waiver is void and the candidate must report all contributions and expenditures received or made from the time the candidacy petition was filed to the date when the excess amount was received or spent.
The waiver covers activity accruing through the postgeneral reporting period of the year in which the waiver is filed. After that time, the campaign committee must either terminate or begin filing the statements required under section 3517.10 of the Revised Code.
Last updated June 15, 2026 at 4:03 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-1-09 County population.
(A) Pursuant to division (B)(6)(c) of section 3517.102 and division (T) of section 3517.13 of the Revised Code, a county political party in a county having a population of one hundred fifty thousand or more must establish a state candidate fund to make a contribution to any of the following:
(1) A state candidate fund;
(2) A legislative campaign fund;
(3) A campaign committee of a candidate for the office of governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, member of the state board of education, or member of the general assembly.
(B) As used in division (B)(6)(c) of section 3517.102 and division (T) of section 3517.13 of the Revised Code and paragraph (A) of this rule, "population" shall be determined by the latest of the two following data sets as published by the United States census bureau:
(1) Decennial census;
(2) Annual state and county characteristic population estimate
(C) When the data referenced in paragraph (B) of this rule is published and indicates that a county, the population of which had been under one hundred fifty thousand, has, as of the latest population data set as referenced in paragraph (B) of this rule, a population of one hundred fifty thousand or more, a political party within that county must establish a state candidate fund to make a contribution to any of the following:
(1) A state candidate fund;
(2) A legislative campaign fund;
(3) A campaign committee of a candidate for the office of governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, member of the state board of education, or member of the general assembly.
(D) The secretary of state shall notify each county political party located in a county that has experienced a shift from less than one hundred fifty thousand in population to one hundred fifty thousand or more, according to the published information as detailed in paragraph (B) of this rule.
Last updated June 15, 2026 at 4:03 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Chapter 111:2-2 Independent Expenditures; Personal Funds
Ohio Adm.Code 111:2-2-01 Independent expenditures.
As used in Chapter 3517. of the Revised Code and in rules set forth in Chapters 111:2-1 to 111:2-5 of the Administrative Code:
Independent expenditure includes an expenditure by a person for a communication advocating the election or defeat of a clearly identified candidate or ballot issue which is not made with the cooperation or with the prior consent of or in consultation with, or at the request or suggestion of, a candidate or any agent or authorized committee of such candidate.
For purposes of this definition, "person" has the same meaning of "person" as defined in division (C)(17)(a) of section 3517.01 of the Revised Code.
Notwithstanding any part of this rule, any expenditure by a political party for the purpose of financing communications advocating the election or defeat of a candidate for judicial office shall be deemed to be an independent expenditure.
A "communication advocating election or defeat" means a communication that includes, but is not limited to, expressions such as "vote for," "elect," "support," "cast your ballot for," or "vote against," "defeat," or "reject."
"Clearly identified candidate" means that the name of the candidate appears, a photograph or drawing of the candidate appears, or the identity of the candidate is otherwise apparent.
"Made with cooperation or with the prior consent of, or with the consent of, or in consultation with, or at the request or suggestion of a candidate or any agent or authorized committee of the candidate" means any arrangement, coordination, or direction by the candidate or his or her agent prior to the publication, distribution, display or broadcast of the communication. An expenditure will be presumed to be so made when it is:
(A) Based on information about the candidate's plans, projects, or needs provided to the person making the expenditure by the candidate or by the candidate's campaign committee or agent, with a view toward having an expenditure made;
(B) Made by or through any person who is or has been authorized to raise or expend funds, who is or has been an officer of the candidate's committee or who is or has been, receiving any form of compensation or reimbursement from the candidate, the candidate's committee, or agent; or
(C) Made by a political party in support of a candidate, unless the expenditure is made by a political party to conduct voter registration or voter education efforts.
"Made with cooperation or with prior consent of, or in consultation with or at the request or suggestion of" does not include providing to the expending person upon request Ohio elections commission or secretary of state guidelines on independent expenditures.
"Agent" means any person who has actual oral or written authority, either express or implied, to make or to authorize the making of expenditures on behalf of a candidate, or means any person who has been placed in a position within the campaign organization where it would reasonably appear that in the ordinary course of campaign-related activities he or she may authorize expenditures.
An expenditure not qualifying under this section as an independent expenditure shall be an in-kind contribution to the candidate.
The financing of the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic or other form of campaign materials prepared by the candidate, the candidate's campaign committee, or authorized agents thereof shall be considered a contribution for the purpose of contribution limits and reporting responsibilities by the person making the expenditure but shall not be considered an expenditure by the candidate or the candidate's authorized committee unless made with the cooperation or with the prior consent of, or in consultation with, or at the request or suggestion of, a candidate or any authorized agent or committee thereof. The value of an individual's time in the door-to-door distribution or handing out of written campaign materials by that individual is not a contribution or expenditure for purposes of this rule.
No expenditure by an authorized committee of a candidate on behalf of that candidate shall qualify as an independent expenditure.
Last updated June 15, 2026 at 4:03 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-2-02 Reporting independent expenditures.
(A) Every person or entity who makes an independent expenditure shall file a signed statement with the secretary of state or the board of elections, as appropriate, on a form prescribed by the secretary of state, which shall include:
(1) The reporting person's or entity's name and street address;
(2) The name and street address of the person or entity to whom the expenditure was made;
(3) The amount, date, and purpose of each expenditure;
(4) A statement that indicates whether such expenditure was in support of or in opposition to a candidate, together with the candidate's name and office sought or in support of or opposition to any ballot issue together with the ballot issue number, whether it was a state or local issue, and if a local issue, the county or district it covered;
(5) A signed certification under penalty of election falsification that such expenditure was not made in cooperation, consultation or concert with, or at the request or suggestion of any candidate, ballot issue committee or any authorized committee or agent thereof.
(6) This statement is not required from any individual, partnership or other entity that is not a corporation, labor organization, campaign committee, legislative campaign fund, political action committee, political contributing entity, or political party that makes one or more independent expenditures totaling of one hundred dollars or less in support of or in opposition to any ballot issue or question.
(B) Statements required to be filed under section 3517.105 of the Revised Code shall be filed:
(1) At the same time and place as the person or entity files a statement required by section 3517.10 of the Revised Code and as part of that statement; or
(2) If no statement is required by section 3517.10 of the Revised Code, the individual, partnership, or other entity shall file with the secretary of state in the case of a statewide candidate or issue, or with the board of elections in the county in which the affected candidate files the candidate's petitions or declaration of intent to be a write-in candidate for nomination or election for district or local office.
Last updated October 26, 2023 at 11:09 AM
History
- Effective: January 25, 2016
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-2-03 Use of the candidate's personal funds.
The contribution limits found in section 3517.102 of the Revised Code do not apply to contributions, in-kind contributions or loans made to the candidate's own campaign committee when made from the candidate's own personal funds. Likewise there is no limit on the amount of debt a candidate may incur on behalf of the candidate's own campaign committee. Contributions, in-kind contributions and loans made from any other family member including the candidate's spouse are subject to the contribution limits found in section 3517.102 of the Revised Code. Any debts incurred on behalf of the candidate's campaign committee by any other family member including the candidate's spouse are subject to the contribution limits found in section 3517.102 of the Revised Code.
Any funds or assets held jointly by the candidate and his or her spouse shall be considered to be the candidate's own personal funds.
Any gift or loan given to the candidate by a family member such as parents or in-laws when given specifically for the purpose of use by the candidate's campaign committee shall be considered a contribution or loan to the candidate's campaign committee by the family member and should be reported as such.
If a candidate uses personal funds to purchase an item or service on behalf of the candidate's committee, the activity should be reported in one of the following ways:
(A) An in-kind contribution if the candidate does not wish to be reimbursed by the campaign committee.
(B) An expenditure if the candidate is reimbursed by the campaign committee
(C) An outstanding debt if the candidate wishes to be reimbursed by the campaign committee but is not.
The use by a candidate of the candidate's personal funds should not be reported as a monetary contribution or a loan received unless the funds are deposited directly into the campaign committee's bank account.
Last updated July 15, 2026 at 2:57 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-2-04 Use of the funds or property of a corporation, nonprofit corporation, or labor organization to advocate the election or defeat of a candidate.
Notwithstanding the provisions of section 3599.03 of the Revised Code, a corporation, a nonprofit corporation, or a labor organization may use its funds or property to advocate for the election or defeat of an identified candidate or candidates to be nominated or elected at any election, provided that the use of funds or property is not made with the consent of, in coordination, cooperation, or consultation with, or at the request or suggestion of any candidate or candidates, the campaign committee or agent of the candidate or candidates, or any legislative campaign fund or political party or agent of a legislative campaign fund or political party.
(A) "Identified candidate" means that the name of the candidate appears, a photograph or drawing of the candidate appears, or the identity of the candidate is otherwise apparent by unambiguous reference in the communication advocating the election or defeat of an identified candidate or candidates to be nominated or elected at any election.
(B) "Made with the consent of, in coordination, cooperation, or consultation with, or at the request or suggestion of any candidate or candidates, the campaign committee or agent of the candidate or candidates, or any legislative campaign fund or political party or agent of a legislative campaign fund or political party" means made pursuant to any arrangement, coordination, or direction by the candidate, the candidate's campaign committee, a legislative campaign fund or a political party, or agent of a candidate, candidate's campaign committee, legislative campaign fund, or political party prior to the publication, distribution, display, or broadcast of the communication. The use of funds or property is presumed to be so made when it is any of the following:
(1) Based on information about the candidate's plans, projects, or needs provided to the person making the expenditure by the candidate, by the candidate's campaign committee, a legislative campaign fund, or a political party, or an agent of the candidate, campaign committee, legislative campaign fund, or political party with a view toward having an expenditure made;
(2) Made by or through any person who is, or has been, authorized to raise or expend funds, who is, or has been, an officer of the candidate's campaign committee, a legislative campaign fund, or a political party or who is, or has been, receiving any form of compensation or reimbursement from the candidate or the candidate's campaign committee, a legislative campaign fund or a political party or any of their agents;
(3) "Agent" means any person who has actual oral or written authority, either express or implied, to make or to authorize the making of expenditures on behalf of a candidate, candidate's campaign committee, legislative campaign fund, or political party or means any person who has been placed in a position with the candidate's campaign committee or organization, or a legislative campaign fund or political party such that it would reasonably appear that in the ordinary course of campaign-related activities the person may authorize expenditures.
Last updated July 15, 2026 at 2:57 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Chapter 111:2-3 Political Action Committees
Ohio Adm.Code 111:2-3-01 Establishment of separate segregated fund.
A corporation or labor organization may establish, administer, and solicit contributions to a separate segregated fund (SSF) or political action committee (PAC) of the corporation or labor organization for Ohio state and local elections or for both federal elections and Ohio state or local elections. The former shall be known as an Ohio corporate or labor organization political action committee (Ohio corporate/labor PAC) and the latter as a combined federal, state, and local political action committee (FSL PAC).
Last updated July 15, 2026 at 2:58 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-3-02 Which laws govern Ohio corporate/labor PACs and FSL PACs.
(A) All Ohio laws and regulations with respect to political action committees apply to Ohio corporate/labor PACs.
(B) An FSL PAC is established and governed by federal laws and regulations, except that an FSL PAC shall file such reports and statements required by sections 3517.082, 3517.10, 3517.105 and 3517.107 of the Revised Code and this rule. To the extent that an FSL PAC is participating in Ohio elections, and not otherwise governed by federal law, it shall be governed by Ohio law.
Last updated October 26, 2023 at 11:10 AM
History
- Effective: January 25, 2016
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-3-03 FSL corporate/labor PAC must file statement of organization; Ohio corporate/labor PAC must disclose sponsoring corporation.
(A) An FSL PAC must file with the Ohio secretary of state a copy of its most recent federal statement of organization prior to making expenditures in connection with Ohio state or local elections. Thereafter, a copy of any amended statement of organization must be filed at the same time it is filed with the federal election commission. No other form of registration is required.
(B) An Ohio corporate/labor PAC must provide the name of its sponsoring corporation or labor organization on its "Designation of Treasurer" form and on all finance reports filed pursuant to sections 3517.10 and 3517.105 of the Revised Code.
(C)
(1) An Ohio corporate/labor PAC formed by a corporation must state on its "Designation of Treasurer" form the names of any other PACs, including FSL PACs, of its sponsoring corporation, wholly owned subsidiaries of its sponsoring corporation, and the parent organization of its sponsoring corporation, which receive contributions or make expenditures in connection with Ohio state or local elections.
(2) An Ohio corporate/labor PAC formed by a labor organization must state on its "Designation of Treasurer" form the names of any other PACs, including FSL PACs, of its sponsoring labor organization and the international, national, state, or local organization of its sponsoring labor organization which receive contributions or make expenditures in connection with Ohio state or local elections.
Last updated July 15, 2026 at 2:58 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-3-04 Reports to be filed by FSL PACs.
(A) An FSL PAC that makes a contribution, expenditure, or independent expenditure in connection with Ohio state or local elections shall file with the secretary of state a copy of the relevant portions of each report that it files with the federal election commission which reflect any disbursement made for the purpose of influencing Ohio state and local elections regardless of amount. The relevant portions of each such report shall include the summary page that contains the total amount of expenditures, contributions or independent expenditures made in connection with Ohio state and local elections, the detailed summary page, and those pages of itemized contributions, expenditures, and independent expenditures made in connection with Ohio state or local elections. The copy of the relevant portions of any such report shall be filed with the secretary of state not later than the date the full report is required to be filed with the federal election commission. For purposes of this rule, any report sent to the secretary of state that is postmarked no later than two days after the date that the report was filed at the federal elections commission shall be considered timely filed.
(B) If during a federal reporting period, an FSL PAC made disbursements related to both federal and state or local elections in Ohio, it may file with the secretary of state a single copy of the portions of its report required to be filed under Ohio and federal law. If an FSL PAC had no disbursements during a federal reporting period related to state or local elections in Ohio, then it is not required to file a copy of its report with the secretary of state.
(C) An FSL PAC that makes a contribution or contributions to a state or local PAC with which it is affiliated shall file a statement of Ohio contributors with the secretary of state on or before the last business day of January of the year following the year in which the contribution was made by the FSL PAC. Such statement need only contain the name and address of each contributor to the FSL PAC who is or was, at the time of making the contribution, a resident of Ohio and, for each name listed, the aggregate total amount contributed by each contributor during the reporting period.
Last updated July 15, 2026 at 2:58 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-3-05 Reporting of establishment, administrative and solicitation costs by Ohio corporate/labor PACs and FSL corporate PACs.
(A) A corporation or labor organization may directly pay the establishment, administrative, and solicitation expenses of its Ohio PAC or it may transfer funds to an administrative account of the PAC, or both. Funds in the administrative account may not be commingled with funds in the PAC. An Ohio corporate/labor PAC may also pay its expenses directly from the PAC. However, in such event, the PAC may not be reimbursed by the corporation or labor organization.
(B) The establishment, administrative, and solicitation expenses required to be reported by a corporation or labor organization to its Ohio PAC and FSL PAC, pursuant to division (C) of section 3517.082 of the Revised Code, include those which have been paid by a labor organization or affiliated organizations, or by a corporation, its wholly owned subsidiaries, its parent organization or from the administrative account of the PAC or FSL PAC. In the case of an Ohio corporate/labor PAC, all reportable expenses paid during the reporting period of each report filed pursuant to division (A) of section 3517.10 of the Revised Code shall be reported to the PAC. An Ohio corporate/labor PAC must report such expenses at the time it files a campaign finance report.
(C) For purposes of divisions (C)(2) and (C)(3) of section 3517.082 of the Revised Code, a corporation or labor organization may use any reasonably accurate method of determining whether an employee's time or the use of equipment relate to establishing, administering, and soliciting contributions to its Ohio PAC or FSL PAC exceeds fifty per cent.
(D) As used in division (C)(3) of section 3517.082 of the Revised Code, the term equipment includes, but is not limited to computers, computer software, photocopies and photocopiers, desks, files, telephones, postage meters, motor vehicles, and any other equipment necessary to meet the requirements of section 3517.106 of the Revised Code. The cost of office supplies, including but not limited to pens and pencils, or electricity, and internet services to operate equipment are not reportable. As used in division (C)(4) of section 3517.082 of the Revised Code, professional fees include, but are not limited to, fees paid for the following services: legal, accounting, fund-raising, printing, graphic, mail, computer, catering, and golf greens fees. Professional fees do not include salaries or wages paid to the corporation's or labor organization's employees.
(E) Equipment costs, employee wages and salaries, professional fees, and solicitation expenses required to be reported by a corporation or labor organization to its FSL PAC or Ohio corporate/labor PAC shall be reported as follows: those which are attributable exclusively to Ohio state and local elections are reported in full; those which can not be attributed exclusively to Ohio state or local elections may be reported in full or may be prorated based on the proportion that expenditures of the PAC or disbursements of the FSL PAC in connection with Ohio state and local elections bear to total expenditures or disbursements in connection with all elections during the same period, as described in paragraph (A) of this rule. An activity which related to the PAC or FSL PAC as a whole, such as soliciting contributions, is attributable to all elections influenced during the reporting period. For purposes of determining if the fifty per cent threshold set forth in divisions (C)(2) and (C)(3) of section 3517.082 of the Revised Code is exceeded, all of an employee's time and all of an equipment's use related to the PAC or FSL PAC shall be taken into consideration. Proration may be used to determine only the amount of a cost to be reported.
Last updated July 15, 2026 at 2:58 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-3-06 Social or fund-raising events; gifts, prizes, or other things of value in exchange for contributions.
(A) A corporation, nonprofit corporation, or labor organization may not use its money or property for a social fund-raising event for its Ohio PAC, if an employee's or labor organization member's right to attend the event is predicated on the employee or member contributing or having contributed or agreeing to contribute to the PAC. An informational meeting concerning the PAC is not a social event for purposes of this rule, so long as any provision of food and beverages at the event is insignificant and merely incidental thereto. An Ohio corporate PAC may charge employees or members to attend a social fund-raising event if the corporation's money or property is not used in connection with the event.
(B) A corporation, including a nonprofit corporation, may not pay for a thing of value, such as a prize or gift, in exchange for a contribution to its Ohio PAC. Lapel pins, plaques, certificates, coffee cups, T-shirts, caps, and like items of insignificant cost evidencing contributor status in the PAC are not things of value for purposes of this rule. An Ohio corporate PAC may pay for a prize, gift, or other thing of value from its political action committee or separate segregated fund in exchange for a contribution to the fund.
Last updated July 15, 2026 at 2:58 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-3-07 Solicitation of contributions for a particular candidate prohibited; administrative expenses which may and may not be paid by a connected corporation.
(A) A corporation, nonprofit corporation, or labor organization may not solicit contributions to its Ohio PAC or FSL PAC for a particular Ohio state or local candidate or a political party. However, an Ohio PAC or FSL PAC may permit their contributors to voluntarily earmark their contributions for any particular candidate, political action committee, political contributing entity, legislative campaign fund, or political party of their choice.
(B) Except as provided in paragraph (D) of this rule, expenses associated with activities of an Ohio PAC or FSL PAC, which aid Ohio state or local candidates, any legislative campaign fund, or any political party, are not administrative expenses under section 3517.082 of the Revised Code, and a corporation including a nonprofit corporation may not use its money or property for such activities. Such activities include, but are not limited to, the following:
(1) Nonmonetary (in-kind) contributions to Ohio state or local candidates, political parties, and legislative campaign funds;
(2) Receptions or other social events for state or local candidates, political parties, and legislative campaign funds; and
(C) An Ohio corporate PAC or FSL corporate PAC may conduct the activities specified in paragraphs (B)(1) and (B)(2) of this rule if the PAC pays all associated expenses from its political action committee or separate segregated fund established under section 3517.082 of the Revised Code.
(D) A corporation, nonprofit corporation, or labor organization may use its money and property for the following activities of its Ohio PAC or FSL PAC in connection with Ohio state or local elections, but only if such activities are designed so as not to aid any particular candidate or political party:
(1) Voter registration and get-out-the-vote activities;
(2) Candidate debates and other functions at which candidates are permitted to address or meet voters, but only if each candidate for the same office is offered the same opportunity to appear and speak at such function. No effort may be made at such functions to express support for a candidate or to solicit contributions for a candidate;
(3) Printed material intended to educate voters as to the qualifications, records, and positions of candidates consisting of questions directed to all candidates for the same office and their verbatim responses to such questions, provided that the number of words per response may be limited at the time the questions are sent.
Last updated July 15, 2026 at 2:58 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-3-08 Corporation and labor organization communications.
(A) As provided by section 3599.03 of the Revised Code, the placement of a campaign sign on the property of a corporation, nonprofit corporation, or labor organization is not a use of property in violation of division (A) of section 3599.03 of the Revised Code. A corporation, nonprofit corporation, or labor organization may not produce or pay for the production or placement of a campaign sign on the corporation, nonprofit corporation or labor organization's property unless the production or payment for the production and placement of the campaign sign is not made with the consent of, in coordination, cooperation, or consultation with, or at the request or suggestion of any candidate or candidates, the campaign committee or agent of the candidate or candidates, or any legislative campaign fund or political party or agent of a legislative campaign fund or political party, and is made subject to the disclosure and identification requirements of section 3517.105 of the Revised Code.
(B) For the purpose of division (G)(3) of section 3599.03 of the Revised Code, "communicating information" by a corporation or labor organization shall include all of the following:
(1) Written communication, including communication and information produced and paid for by a candidate's campaign committee, political party, or legislative campaign fund, that is distributed exclusively to members, employees, officers, or trustees of the labor organization or shareholders, employees, officers, or directors of the corporation or to members of the immediate families of any such individual or is unintentionally sent as well to a de minimis number of other individuals by:
(a) Mail either as an individual piece or part of a multi-piece package;
(b) E-mail;
(c) Memoranda; or
(d) Reports.
(2) Designing, producing or posting, or the permitted posting of a sign or other material, including a sign or other information produced and paid for by a candidate's campaign committee, political party, or legislative campaign fund, that is posted in a place viewable exclusively by the members, employees, officers, or trustees of the labor organization or shareholders, employees, officers, or directors of a corporation or to members of the immediate families of any such individual or is unintentionally viewable as well to a de minimis number of other individuals.
(3) Audible speech or the permitted audible speech on the property or through the facilities of the labor organization or corporation so long as such speech or permitted speech is delivered exclusively to the members, employees, officers, or trustees of the labor organization or shareholders, employees, officers, or directors of the corporation or to members of the immediate families of any such individual or is unintentionally delivered as well to a de minimis number of other individuals.
Last updated July 15, 2026 at 2:58 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-3-09 Electioneering communication.
(A) As prohibited by paragraph (H) of section 3517.1011 of the Revised Code, no person shall make, during the thirty days preceding a primary election or during the thirty days preceding a general election, an electioneering communication using any contributions received from a corporation or labor organization. For the purpose of this prohibition, "make" means the airing or running of any electioneering communication.
(B) Division (H) of section 3517.1011 of the Revised Code does not preclude an individual, partnership, or unincorporated association from making, within the thirty days prior to a primary or general election, an electioneering communication so long as no corporation or labor organization has contributed anything of value toward the making of the electioneering communication.
Last updated July 15, 2026 at 2:58 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-3-10 Statewide "Ballot Issue Political Action Committees".
(A) As used in divisions (A) and (C) of section 3517.12 of the Revised Code and this rule, "contribution" shall mean a loan, gift, deposit, forgiveness of indebtedness, donation, advance, payment, or transfer of funds or anything of value, including a transfer of funds from an inter vivos or testamentary trust or decedent's estate, and the payment by any person other than the person to whom the services are rendered for the personal services of another person, which contribution is made, received, or used for the purpose of influencing the results of an election.
All contributions shall be included on a statement of contributions filed under those divisions and this rule.
(B) For the purpose of divisions (A) and (C) of section 3517.12 of the Revised Code and this rule, "contribution" does not include any of the following:
(1) Services provided without compensation by individuals volunteering a portion or all of their time to the creating, copying, distributing, or circulating of the issue petitions or the gathering of petition signatures;
(2) Ordinary home hospitality;
(3) The personal expenses of a volunteer paid for by that volunteer.
(C) As used in divisions (A) and (C) of section 3517.12 of the Revised Code and this rule, "expenditure" shall mean the disbursement or use of a contribution for the purpose of:
(1) Influencing the results of an election, or;
(2) Making a charitable donation under division (G) of section 3517.08 of the Revised Code.
(D) As used in this rule, the filing by the circulator or committee in charge of an initiative or referendum petition, or supplementary petition for additional signatures, for the submission of a constitutional amendment, proposed law, section, or item of any law of the appointment of a treasurer as required by division (A) of section 3517.12 of the Revised Code and detailed in paragraph (E) of this rule, creates a "Ballot Issue Political Action Committee."
A "Ballot Issue Political Action Committee" consists of all of the following:
(1) The treasurer appointed pursuant to division (A) of section 3517.12 of the Revised Code;
(2) The circulator or committee member signing the "Designation of Treasurer" appointing the treasurer; and
(3) Any committee member engaged in the creating, copying, distributing, or circulating the initiative or referendum petition, or supplementary petition for additional signatures, for the submission of a constitutional amendment, proposed law, section, or item of any law.
(E) As required by division (A) of section 3517.12 of the Revised Code, prior to receiving a contribution or making an expenditure, the circulator or committee in charge of an initiative or referendum petition, or supplementary petition for additional signatures, for the submission of a constitutional amendment, proposed law, section, or item of any law shall appoint a treasurer and shall file with the secretary of state, on a form prescribed by the secretary of state, a designation of that appointment, including the full name and address of the treasurer and of the circulator or committee.
(1) For the purpose of paragraph (E) of this rule, the form used to appoint the treasurer and disclose the full name and address of the treasurer and of the circulator or committee is the "Designation of Treasurer," form 30-D.
(2) The circulator or committee filing form 30-D shall indicate on the designation of treasurer form that the filing is being made for or on behalf of a "Ballot Issue Political Action Committee." The "Designation of Treasurer" form, as prescribed by the secretary of state, shall include an area whereby a circulator or committee may make this indication.
(F) As required by division (C) of section 3517.12 of the Revised Code, the designated treasurer of a "Ballot Issue Political Action Committee" shall file statements of contributions and expenditures in accordance with section 3517.10 of the Revised Code regarding all contributions made or received and all expenditures made by that treasurer, the circulator, or committee in connection with the initiative or referendum petition supplementary petition for additional signatures, for the submission of a constitutional amendment, proposed law, section, or item of any law.
(1) For the purpose of paragraph (F) of this rule, all forms used to compile the required statements shall be those prescribed by the secretary of state pursuant to division (C)(6) of section 3517.10 of the Revised Code.
(2) A ballot issue political action committee shall file the statements required by divisions (A)(1) and (A)(2) of section 3517.10 of the Revised Code if:
(a) In the case of the pre-election statement required by division (A)(1) of that section, the initiative, referendum or constitutional amendment issue will appear on the election ballot and if either contributions received or expenditures made by the ballot issue political action committee for the reporting period are more than one thousand dollars;
(b) In the case of the post-election statement required by division (A)(2) of that section, the initiative, referendum or constitutional amendment issue did appear on the election ballot.
(G) A ballot issue political action committee formed pursuant to division (A) of section 3517.12 of the Revised Code and in compliance with this rule is created to support or oppose a ballot issue or question and makes no contributions to or expenditures on behalf of a political party, except for the party's Restricted Fund, "Building Fund," or "Levin Fund," campaign committee, legislative campaign fund, or non-ballot issue political action committee.
(H) Pursuant to division (D)(2) of section 3517.102 of the Revised Code, a ballot issue political action committee is not subject to the limitations specified in divisions (B)(1)(a)(vii), (B)(3)(d), (B)(4), and (C)(7) of section 3517.102 of the Revised Code.
(I) Nothing in section 3517.12 of the Revised Code or this rule restricts or limits the creation of a political action committee that is organized to support or oppose a certified ballot issue or a proposed ballot issue.
(J) The filing and disclosure requirements of divisions (A) and (C) of section 3517.12 of the Revised Code, as amplified by this rule, are separate and distinct from the filing and disclosure requirements of division (B) of section 3517.12 of the Revised Code.
(K) As used in this rule, "influencing the results of an election" shall include creating, copying, distributing or circulating the initiative or referendum petition, or supplementary petition for additional signatures, for the submission of a constitutional amendment, proposed law, section or item of any law.
Last updated July 15, 2026 at 2:58 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Chapter 111:2-4 Contributions; Campaign Finance Statements
Ohio Adm.Code 111:2-4-01 Payment of filing fee by candidate.
The payment of any filing fee required by sections 3513.10 and 3513.261 of the Revised Code by the candidate from the candidate's own funds shall not be considered an expenditure that requires the filing of a "Designation of Treasurer" under section 3517.10 of the Revised Code.
If the candidate has filed a "Designation of Treasurer" under section 3517.10 of the Revised Code, payment of the fee required by section 3513.10 or 3513.261 of the Revised Code may be made by the candidate's campaign committee from the campaign fund.
Last updated July 15, 2026 at 2:59 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-4-02 Contributions received for debt retirement.
As used in section 3517.108 of the Revised Code, "unpaid debt" includes both unpaid debts and unpaid loans. Payments made toward unpaid debts or loans under section 3517.108 of the Revised Code shall be vouched for pursuant to section 3517.10 of the Revised Code.
For purposes of section 3517.108 of the Revised Code, a campaign committee may accept additional contributions from an individual, political action committee, political contributing entity, or other campaign committee when that individual, committee, or entity has contributed less than the contribution limitations prescribed in section 3517.102 of the Revised Code or has made no contributions to that campaign committee during the primary or general election period for which the debt remains unpaid.
Last updated October 26, 2023 at 11:10 AM
History
- Effective: January 25, 2016
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-4-03 Political action committee contributions.
Any political action committee that is not registered under section 3517.107 of the Revised Code shall file a "Designation of Treasurer" prior to receiving contributions or making expenditures for the purpose of influencing the results of a state or local election in Ohio. A political action committee not registered under section 3517.107 of the Revised Code and that is registered in a state other than Ohio may not use any contributions received prior to the filing of the appointment of designation of treasurer to make expenditures to influence the results of a state or local election in Ohio.
Once a political action committee has filed an appointment of designation of treasurer pursuant to section 3517.10 of the Revised Code, any contribution received or expenditure made by the political action committee in connection with any state or local election in Ohio shall be received or made in accordance with Chapter 3517. of the Revised Code.
Any campaign committee, political action committee, political contributing entity, legislative campaign committee or political party that receives a contribution from a political action committee prior to that political action committee filing a "Designation of Treasurer" under section 3517.10 of the Revised Code and this rule shall return the contribution to the political action committee.
Last updated June 15, 2026 at 4:03 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-4-04 When campaign finance statements must be filed.
Whether and when a campaign finance statement is required to be filed under section 3517.10 of the Revised Code depends upon whether the reporting entity is a campaign committee, political action committee, political contributing entity, political party, or legislative campaign fund and the amount and purpose of the reporting entity's contribution and expenditure activity. Except as otherwise provided in paragraph (C) of this rule, the criteria used for filing a pre-election statement under division (A)(1) of section 3517.10 of the Revised Code and a postelection statement under division (A)(2) of section 3517.10 of the Revised Code apply to any primary, general, or special election.
(A)
(1) A campaign committee's filing requirements are based upon when the committee's candidate is on the ballot. The campaign committee of a candidate who is not on the ballot during a calendar year is not required to file the statements under division (A)(1) of section 3517.10 or division (A)(2) of section 3517.10 of the Revised Code for that year, regardless of contributions received and expenditures made. In this case, the campaign committee is required to file the annual statement under division (A)(3) of section 3517.10 of the Revised Code reflecting all contributions received and all expenditures made that were not reflected in the last statement required to be filed under section 3517.10 of the Revised Code through the last day of December.
(2) During a calendar year in which the candidate is on the ballot, the pre-election statement required by division (A)(1) of section 3517.10 of the Revised Code is due when the campaign committee has received one thousand dollars or more in contributions or has made expenditures of one thousand dollars or more, from the contributions and expenditures reflected in the last statement required to be filed under section 3517.10 of the Revised Code through the twentieth day before the election. The postelection statement required by division (A)(2) of section 3517.10 of the Revised Code is due when the campaign committee received any contributions or made any expenditures from the contributions and expenditures reflected in the last statement required to be filed under section 3517.10 of the Revised Code through the seventh day before the postelection statement under division (A)(2) of section 3517.10 of the Revised Code is required to be filed.
(B)
(1) The filing requirements for political action committees, political contributing entities, political parties, and legislative campaign funds are based on whether the entity attempted to influence the results of an election. For the purpose of determining when any of the entities described in the preceding sentence must file a statement required under paragraph (B)(2), (B)(3), or (B)(4) of this rule, any contributions made to or expenditures made on behalf of a candidate or the campaign committee of a candidate during a calendar year when the candidate is not on a ballot is not considered to be made to influence the results of an election held during that calendar year. If those are the only contributions or expenditures the entity makes during that calendar year, then the entity is required to file only the statement required under division (A)(3) of section 3517.10 of the Revised Code. If the entity makes any other contributions to or expenditures on behalf of a political entity to influence the results of an election during that calendar year for which a statement is required to be filed under division (A)(1), (A)(2), or (A)(3) of section 3517.10 of the Revised Code, then the entity shall file whichever statement is required under those divisions.
(2) If, from the last statement filed through the twentieth day before the election, a political action committee, political contributing entity, political party, or legislative campaign fund made any expenditures to influence the results of an election and received one thousand dollars or more in contributions or made one thousand dollars or more in expenditures, then that political action committee, political contributing entity, political party, or legislative campaign fund is required to file the pre-election statement required under division (A)(1) of section 3517.10 of the Revised Code.
(3) A political action committee, political contributing entity, political party, or legislative campaign fund is required to file the postelection statement under division (A)(2) of section 3517.10 of the Revised Code when the political action committee, political contributing entity, political party, or legislative campaign fund made any contributions to or made any expenditures on behalf of a candidate or the campaign committee of a candidate to influence the results of that candidate's nomination or election to office from the date of reflection of the contributions and expenditures made on the last statement that was required to be filed under section 3517.10 of the Revised Code through the seventh day before the date the postelection report under division (A)(2) of section 3517.10 of the Revised Code is required to be filed.
(4) During a calendar year in which a political action committee, political contributing entity, political party or legislative campaign fund made no contributions or expenditures to influence the results of an election held during that calendar year, the entity is not required to file a pre-election statement under division (A)(1) of section 3517.10 of the Revised Code or a postelection statement under division (A)(2) of section 3517.10 of the Revised Code. The entity is required to file an annual statement under division (A)(3) of section 3517.10 of the Revised Code reflecting contributions received and expenditures made from date of reflection of the contributions and expenditures made on the last statement that was required to be filed under section 3517.10 of the Revised Code through the last day of December of that calendar year.
(C) Any campaign committee that filed a postgeneral election statement under division (A)(2) of section 3517.10 of the Revised Code is not required to file an annual statement for that calendar year.
(D)
(1) As used in this paragraph, "active campaign committee" is any campaign committee that has a Designation of Treasurer on file with a board of elections or the secretary of state and has not filed a termination statement pursuant to section 3517.10 of the Revised Code.
(2) Any active campaign committee that did not file a postgeneral election statement under division (A)(2) of section 3517.10 of the Revised Code is required to file an annual statement under division (A)(3) of section 3517.10 of the Revised Code.
(3) An active campaign committee that did not receive any contributions or make any expenditures during a calendar year must file an annual statement under division (A)(3) of section 3517.10 of the Revised Code stating that it received no contributions and made no expenditures during that calendar year. A completed Form 30-A, prescribed by the secretary of state, showing the beginning and ending balances and the total of any outstanding loans or debts satisfies this requirement.
(E) A candidate who receives a certificate of nomination pursuant to section 3513.02 of the Revised Code is not required to file the statements under division (A)(1) or (A)(2) of section 3517.10 of the Revised Code in regard to the primary election that would have been held but was not held pursuant to section 3513.02 of the Revised Code and for which the candidate was issued the certificate.
(F) A campaign committee may terminate pursuant to section 3517.10 of the Revised Code if it has a zero balance and no outstanding loans or debts. The termination statement may be made a part of an otherwise scheduled statement required to be filed under section 3517.10 of the Revised Code, or may be filed separately at any other time.
(G) The semiannual statement required by division (A)(4) of section 3517.10 of the Revised Code is due to be filed by the last business day of July reflecting contributions received and expenditures made from the last statement that was required to be filed under section 3517.10 of the Revised Code through the last day of June of that calendar year. A semiannual statement is not required of any campaign committee, political action committee, political contributing entity, political party, or legislative campaign fund if a postprimary election statement, as required by division (A)(2) of section 3517.10 of the Revised Code, was filed for that calendar year.
(1) No campaign committee of a candidate for the office of chief justice or justice of the supreme court, and no campaign committee of a candidate for the office of judge of any court in this state, shall be required to file a semiannual statement under division (A)(4) of section 3517.10 of the Revised Code.
(2) The campaign committee of a statewide candidate and the campaign committee of a candidate for county office are required to file the semiannual statement under division (A)(4) of section 3517.10 of the Revised Code for any calendar year in which the candidate does not appear on an election ballot.
(3) Except as otherwise provided in that section, the campaign committee of a candidate for any nonjudicial office is required to file a semiannual statement if that campaign committee receives, during that period, contributions exceeding ten thousand dollars.
Last updated June 15, 2026 at 4:03 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-4-05 Definition of cash.
For purposes of enforcing section 3517.13 of the Revised Code, the term "cash" means coined or paper money designated as legal tender and circulated from hand to hand as a medium of exchange.
Last updated October 26, 2023 at 11:10 AM
History
- Effective: January 25, 2016
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-4-06 Contributions made by a candidate or by the candidate's campaign committee.
Contributions made by a candidate to the candidate's own campaign must be reported by the candidate's campaign committee. Contributions made by a candidate's campaign committee to a political party, political committee, political contributing entity, or another campaign committee must be reported as expenditures on Form No. 31-B, as prescribed by the secretary of state, and the word "contribution" should be written in the "purpose" portion of the form.
Last updated July 15, 2026 at 2:59 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-4-07 Monthly statements.
Monthly statements shall be filed no later than three business days after the last day of the month covered by such statement. Such statement shall be on a form prescribed by the secretary of state and shall include all of the following:
(A) The full name and address of each person, political party, political contributing entity, campaign committee, legislative campaign fund, or political action committee from whom contributions are received and the registration number assigned to the political action committee;
(B) The amount, month, day, and year of the contribution;
(C) If a campaign committee of a statewide candidate receives a contribution from an individual that exceeds one hundred dollars, the name of the individual's current employer, if any, or, if the individual is self-employed the individual's occupation and name of the individual's business;
(D) If a campaign committee of a statewide candidate receives a contribution transmitted pursuant to section 3599.031 of the Revised Code from amounts deducted from the wages and salaries of two or more employees that exceeds one hundred dollars, the full name of the employees' employer and the full name of the labor organization of which the employees are members, if any.
The information included on a monthly statement shall not be reported again on any subsequent monthly statement, two-business-day statement, or campaign finance statement required by section 3517.10 of the Revised Code.
Any monthly statement required to be filed under section 3517.10 of the Revised Code that is found to be incomplete or inaccurate by the secretary of state shall be accepted on a conditional basis, and the person who filed it shall be notified by certified mail as to the incomplete or inaccurate nature of the report. Within twenty-one days after receipt of a notice, the recipient shall file an addendum to the statement providing the information necessary to complete or correct the statement.
A statement is incomplete or inaccurate if it fails to disclose substantially all contributions that are received from a source and that are required to be reported on the monthly statement required by section 3517.10 of the Revised Code or if the report fails to disclose at least ninety per cent of the total contributions received during the reporting period.
Last updated June 15, 2026 at 4:03 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-4-08 Two-business-day statements.
If any contribution, alone or in aggregation with any other contribution, is received from the same contributor in the amount of ten thousand dollars or more by the campaign committee of any candidate for chief justice or any candidate for justice of the supreme court or in the amount of ten thousand dollars or more by the campaign committee of any other statewide candidate on or after the nineteenth day before through midnight of the day of the election, the campaign committee of that candidate shall notify the secretary of state within forty-eight hours of receipt of the contribution. The notification shall be in writing and shall include the name of the candidate and the office sought by the candidate, the identification of the contributor, and the date of receipt and amount of the contribution. The notification required by this rule shall be in addition to the reporting of these contributions on the postelection statement required under division (A)(2) of section 3517.10 of the Revised Code.
Any two-business-day statement to be filed under section 3517.10 of the Revised Code that is found to be incomplete or inaccurate by the secretary of state shall be accepted on a conditional basis, and the person who filed it shall be notified by certified mail as to the incomplete or inaccurate nature of the statement. Within twenty-one days after receipt of a notice, the recipient shall file an addendum to the statement providing the information necessary to complete or correct the statement.
A statement is incomplete or inaccurate if it fails to disclose substantially all of the information required to be reported on the two-business-day statement.
Last updated October 26, 2023 at 11:10 AM
History
- Effective: January 25, 2016
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-4-09 Short form statements.
(A) No campaign committee is required to file a postprimary election campaign finance statement required under division (A)(2) of section 3517.10 of the Revised Code if, during the combined pre-election and postelection reporting periods, the committee received contributions of five hundred dollars or less and made expenditures of five hundred dollars or less. Instead, the campaign committee may file a short-form statement as prescribed by the secretary of state. The statement shall indicate the total amount of contributions received and expenditures made and the balance on hand, and shall be signed under penalty of election falsification. If either the contributions received or the expenditures made during this period exceed five hundred dollars, the campaign committee must file the postprimary election statement required by division (A)(2) of section 3517.10 of the Revised Code that includes all the information required in divisions (B) and (C) of section 3517.10 of the Revised Code.
(B) No campaign committee is required to file a postgeneral election campaign finance statement required by division (A)(2) of section 3517.10 of the Revised Code if, during the combined preprimary, postprimary, pregeneral, and postgeneral election periods, it received contributions and made expenditures of five hundred dollars or less. Instead, the campaign committee may file a short-form statement as prescribed by the secretary of state. The statement shall indicate the total amount of contributions received and expenditures made and the balance on hand, and shall be signed under penalty of election falsification. If either the contributions received or the expenditures made during the combined periods exceed five hundred dollars, the campaign committee shall file the postgeneral election statement required by division (A)(2) of section 3517.10 of the Revised Code that includes all the information required in divisions (B) and (C) of section 3517.10 of the Revised Code.
(C) Paragraphs (A) and (B) of this rule do not apply if a campaign committee makes expenditures prior to the first day of January of the year of the election at which the candidate seeks nomination or election to office or if the campaign committee does not file a termination statement with its postprimary election statement in the case of an unsuccessful primary election candidate or with its postgeneral election statement in the case of other candidates.
(D) If a campaign committee of a successful candidate at a primary election has filed a short form in accordance with this rule, then the first statement that committee files in regard to the general election shall reflect all contributions received and all expenditures made during the preprimary and postprimary election periods.
(E) A campaign committee of a candidate that was unsuccessful in its effort to obtain its party's nomination to office and that fails to terminate may not file a short form statement for the postprimary election statement required under division (A)(2) of section 3517.10 of the Revised Code as provided in this rule, regardless of the amount of contributions received and expenditures made. Instead such campaign committee must file the statements required by divisions (A)(1) and (A)(2) of section 3517.10 of the Revised Code.
(F) A campaign committee of a candidate that was unsuccessful in its effort to seek election to office and that fails to terminate may not file a short form statement as provided in this rule, regardless of the amount of contributions received and expenditures made. Instead such campaign committee must file the statements required by divisions (A)(1) and (A)(2) of section 3517.10 of the Revised Code.
Last updated June 15, 2026 at 4:03 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-4-10 Forms.
(A) Each statement filed with the office of the secretary of state or a county board of elections by the campaign committee of a candidate or by a political party, political contributing entity, political action committee, ballot issue committee, individual, or legislative campaign fund shall be filed on the appropriate form, or in the appropriate electronic format, as prescribed by the secretary of state. Statements and data filed by electronic means of transmission, pursuant to section 3517.106 of the Revised Code, shall be submitted in the prescribed file format and pursuant to protocols prescribed by the secretary of state.
(B) Forms may be obtained from the secretary of state's web site, www.ohiosos.gov, from any county board of elections, or by writing to the "Ohio Secretary of State, 22 North Fourth Street, 15th floor, Columbus, Ohio 43215-3668."
(C) Any individual or entity required to file campaign finance statements under Chapter 3517. of the Revised Code whose statement is filed with a board of elections or with the secretary of state may reproduce the forms that are prescribed by the secretary of state or, with the prior written approval of the secretary of state, may modify the forms prescribed by the secretary of state provided that the modified forms are only for the individual's or entity's own use.
(D) Any individual or entity may request approval for forms modified from those prescribed by the secretary of state for use in filing campaign finance statements on paper. Requests should be sent may be sent via electronic mail or to the "Office of the Secretary of State, Campaign Finance Division, 22 North Fourth St., 15th Floor, Columbus, Ohio, 43215-3668" and must include complete samples of the proposed modifications.
(E) No individual or entity will be approved to make any modification to the file format or the filing protocols prescribed by the secretary of state for the filing of campaign finance statements by electronic means of transmission.
Last updated June 15, 2026 at 4:03 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-4-11 Deposit of receipts.
(A) As used in this rule, "committee" means a campaign committee, political party, political action committee, political contributing entity, legislative campaign fund, or ballot issue committee.
(B) All contributions received by a committee shall be deposited in an account or accounts established by the committee within thirty days of receipt or shall be returned to the contributor without being deposited. The treasurer of the committee shall be responsible for making such deposits or returns. A committee shall make all disbursements by check or similar draft drawn on an account at its designated campaign depository. Funds may be transferred from the depository for investment purposes, but shall be returned to the depository before such funds are used to make expenditures.
The treasurer of the committee shall be responsible for examining all contributions received for evidence of illegality and for ascertaining whether contributions received, when aggregated with other contributions from the same contributor, exceed the contribution limits of section 3517.102 of the Revised Code.
Contributions that present genuine questions as to whether they were made in excess of the allowable contribution limits or by corporations or foreign nationals, or in the name of another, may be either deposited in a campaign depository, or returned in their entirety to the contributor. If any such contribution is deposited, the treasurer shall make his or her best efforts to determine the legality of the contribution. No expenditures shall be made using such contributions unless the treasurer has determined that the contribution was not made in excess of the allowable contribution limits, or by a corporation, foreign national, or made in the name of another.
The treasurer shall have been deemed to have made his or her best efforts if he or she made at least one written or oral request for evidence of the legality of the contribution.
Such evidence includes, but is not limited to, a written statement from the contributor explaining why the contribution is legal, or a written statement by the treasurer memorializing an oral communication explaining why the contribution is legal.
If the contribution cannot be determined to be allowed under Ohio law, the treasurer shall refund the entire contribution to the contributor within thirty days.
If the treasurer, exercising his or her responsibilities, including best efforts in the case of questionable contributions, determines that a contribution was not made illegally, such as in excess of the contribution limits, or by a corporation, foreign national, or made in the name of another, but later discovers that it is illegal based on new evidence not available at the time of receipt and deposit or best efforts determination, the treasurer shall refund the entire contribution to the contributor within ten days of the date on which the illegality is discovered. If the committee does not have sufficient funds to cover the refund of the contribution at the time the illegality is discovered, the committee shall first refund an amount equal to the committee's balance on hand and shall refund the balance of the contribution from the next funds it receives.
Contributions which on their face exceed the contribution limits set forth in section 3517.102 of the Revised Code and contributions which on their face are from corporations or foreign nationals shall not be deposited but shall be returned in their entirety to the contributor within ten days of receipt.
Last updated June 15, 2026 at 4:03 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-4-12 Checks combining contributions with other payments.
A contributor may not issue a single check to a corporation or labor organization that represents both a contribution to the corporation's or labor organization's political action committee or separate segregated fund and payment of dues or other fees. Checks for contributions and checks for the payment of dues or other fees must be issued separately.
A contributor may issue a single check to an association or other organization which is not a corporation or labor organization that represents both a contribution to the association's or other organization's political action committee and payment of dues or other fees. The treasurer of the association's or other organization's political action committee that receives a portion of the proceeds of a single check issued for dues or other fees and a contribution, shall maintain records of the amount received as a contribution to ensure that individual contribution limits are not exceeded and other reporting requirements are met.
Under a payroll deduction plan, an employer may not issue a single check on behalf of its employees which check represents a combined payment of contributions to a political action committee or separate segregated fund of a labor organization of the employer's employees or to a political action committee or separate segregated fund of an association of which the employer is a member, and dues or other fees to such labor organization or association except when such check is issued to an entity separate from the labor organization or association on behalf of one or more employees for purposes of distribution.
Last updated July 15, 2026 at 2:59 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-4-13 Accounting for contributions and expenditures.
The treasurer of a campaign committee, political action committee, ballot issue committee, political contributing entity, political party, or legislative campaign fund shall fulfill all record-keeping duties as set forth in this rule.
(A) Except as otherwise provided in paragraph (H) of this rule, an account of contributions shall be kept, by any reasonable accounting procedure, of all contributions received by or on behalf of the entity, regardless of the amount of the contribution received or the circumstances of where the contribution was received. The account shall include the name and street address of the contributor, the date the contribution was received, the form in which the contribution was received, and the amount of the contribution. The account shall also include all of the following:
(1) For contributions in excess of one hundred dollars received by a campaign committee of a statewide candidate or candidate for the office of member of the general assembly from two or more employees through a system of payroll deduction, the name and street address of each contributor, the date the contribution was received, the name of the contributors' employer, and the name of the contributors' labor organization, if any;
(2) For contributions received by a campaign committee of a statewide candidate or candidate for the office of member of the general assembly from any person in excess of one hundred dollars, the name of the contributor's employer or, if self-employed, the contributor's occupation;
(3) For contributions from a political action committee, the full name and street address of the political action committee, the registration number of the committee issued by the secretary of state under section 3517.10 of the Revised Code, if any, and the date of receipt, and amount of the contributions.
(B) An account shall be kept of all expenditures made by or on behalf of a campaign committee, political action committee, ballot issue committee, political contributing entity, political party, or legislative campaign fund. Such account shall consist of a record of all of the following:
(1) The name and address of every person or entity to whom any expenditure is made;
(2) The date, amount, and purpose of the expenditure. As used in this paragraph, "purpose" includes a brief statement or description of why the expenditure is made.
(C) In addition to the accounts that must be kept as provided in this rule, each campaign committee, political action committee, ballot issue committee, political party, political contributing entity, or legislative campaign fund shall retain all records related to its contribution and expenditure activity. These records shall include, but are not limited to, all of the following:
(1) All paper and/or electronic statements received from its campaign depository;
(2) Canceled checks or authentic facsimiles thereof, except that disbursements by share draft or check drawn on a credit union account shall be documented by providing a carbon copy of the share draft or check drawn on the credit union account along with a copy of the monthly account statement showing that the share draft or check was paid by the credit union;
(3) For credit card transactions, the monthly billing statement or customer receipt for each credit card transaction.
(D) The requirement of section 3517.10 of the Revised Code that every expenditure in excess of twenty-five dollars shall be vouched for, is satisfied by providing an original or photocopy of any of the following:
(1) A receipted bill; or
(2) A canceled check;
(3) An account statement, from the committee's financial institution, which contains the name of the payee, amount, date, and check number.
(E) In performing record-keeping duties, the treasurer or the treasurer's authorized agent shall use his or her best efforts to obtain, maintain, and submit the required information. If there is a showing that best efforts have been made, any records of an entity that is required to file a statement under section 3517.10 of the Revised Code shall be deemed to be in compliance with Chapter 3517. of the Revised Code. With regard to the requirements of this rule concerning receipts, invoices, and canceled checks, the treasurer will not be deemed to have exercised best efforts to obtain, maintain, and submit the records unless the treasurer has made at least one written attempt for each transaction to obtain a duplicate copy of the invoice, receipt, or canceled check.
(F) The treasurer shall preserve all records, both paper and electronic, and accounts required to be kept under this rule for six years after the statement to which such records and accounts relate has been filed.
(G) Except as otherwise provided in section 3517.108 of the Revised Code, contributions received by a candidate or by a candidate's campaign committee in a particular election period are deemed to have been made for the election period during which they were received.
(H) In accordance with division (L) of section 3517.10 of the Revised Code, paragraph (A) of this rule does not apply to contributions received by a political contributing entity from the dues, membership fees, or other assessments of its members or from its officeholders, shareholders, or employees to the extent that dues, membership fees, or other assessments may be aggregated for reporting purposes.
(I) Pursuant to division (B)(4) of section 3517.081 of the Revised Code, a candidate shall not become a beneficiary of a multi-beneficiary campaign committee without first terminating the candidate's individual campaign committee, if one exists, by doing any of the following in disposal of any remaining contributions:
(1) Giving the amount to the Ohio elections commission fund;
(2) Giving the amount to individuals who made contributions as a refund of all or part of their contribution;
(3) Giving the amount to a corporation that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c) of the Internal Revenue Code. A candidate's individual campaign committee shall not contribute or transfer any contributions into any multi-beneficiary campaign committee by or for the benefit of that candidate.
(J) When terminating a multi-beneficiary campaign committee in accordance with division (B)(3)(a) of section 3517.081 of the Revised Code, the campaign committee shall dispose of any remaining contributions only by doing any of the following:
(1) Giving the amount to the Ohio elections commission fund;
(2) Giving the amount to individuals who made contributions as a refund of all or part of their contribution;
(3) Giving the amount to a corporation that is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c) of the Internal Revenue Code.
No contributions from the multi-beneficiary campaign committee shall be contributed or transferred into any candidate's individual campaign committee. This prohibition on a multi-beneficiary campaign committee contributing or transferring contributions into any candidate's individual campaign committee, as prescribed in division (B)(3)(b) of section 3517.081 of the Revised Code, applies only when the multi-beneficiary campaign committee is in the process of terminating in accordance with division (B)(3)(a) of section 3517.081 of the Revised Code and paragraph (J) of this rule.
(K) Pursuant to section 3517.081 of the Revised Code, each candidate shall have no more than one campaign committee. As prescribed by divisions (B)(3) and (B)(4) of section 3517.081 of the Revised Code and paragraphs (I) and (J) of this rule, no candidate may have, in concurrent operation, campaign committees for which the candidate is both the sole beneficiary in the case of an individual campaign committee and a beneficiary of a multi-beneficiary campaign committee.
(L) Contributions received or made by electronic means through an online payment processing application must provide for complete reporting of all disclosure requirements, including:
(1) Full name of contributor; and
(2) Complete street address of contributor; and
(3) Date of contribution; and
(4) Full amount of contribution as authorized by contributor; and
(5) Contributor employer (or, if self-employed, occupation, and business name), if applicable.
(M) When a contribution is received or made through an online payment processing portal, the recipient must disclose the full amount of the payment as a contribution.
(N) Any fee associated with the processing of the contribution must be disclosed as an offsetting expenditure. The fees assessed on multiple contributions made through an online payment processing portal during any reporting period may be aggregated for the purpose of disclosing as a single expenditure transaction. A committee that aggregates payment processing fees must attach a copy of the statement or accounting verifying the individual expenditures to the respective campaign finance statements.
Last updated June 15, 2026 at 4:03 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-4-14 Uniform reporting of contributions.
If an itemized contribution is made by more than one person in a single instrument, the treasurer of an entity that is required to file statements under section 3517.10 of the Revised Code shall report the amount to be attributed to each contributor as specified in the written instrument.
Absent evidence to the contrary, any contribution made from a joint checking account or by other written instrument shall be reported as a contribution by the person signing or endorsing the joint check or other written instrument.
If a contribution is made from a partnership or unincorporated business account, the treasurer shall report the amount to be attributed to each partner or owner as specified by an authorized partner or owner of the partnership or unincorporated business. If no specified attribution is made, the treasurer shall attribute the contribution equally among all partners of the partnership or owners of the unincorporated business.
If a contribution is made from an inter vivos or testamentary trust or a decedent's estate, the treasurer shall report the amount to be attributed to each beneficiary of the trust or estate who is making the contribution, as specified by the beneficiary. If no specific attribution is made, the treasurer shall attribute the contribution equally among all beneficiaries of the trust or estate.
If a contribution is refunded to the contributor, the treasurer of the reporting entity making the refund shall report the refund on the statement covering the reporting period in which the refund is made.
If a contributor's name is known to have changed since an earlier contribution reported, the exact name or address previously used shall be noted with the first reported contribution from the contributor subsequent to the name change.
Last updated October 26, 2023 at 11:10 AM
History
- Effective: January 25, 2016
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-4-15 Allocation of expenses between candidates.
Expenditures including in-kind contributions and independent expenditures made on behalf of more than one clearly identified candidate shall be attributed to each such candidate according to the benefit reasonably expected to be derived. For example, in the case of a publication or broadcast communication, the attribution shall be determined by the proportion of space or time devoted to each candidate as compared to the total space or time devoted to all candidates.
An expenditure made by a candidate or the candidate's campaign committee with the consent of, in coordination, cooperation, or consultation with, or at the request or suggestion of another candidate or campaign committee shall be reported as an in-kind contribution to the candidate or campaign committee on whose behalf the expenditure was made, except that expenditures made by party committees or legislative campaign funds need only be reported as an expenditure.
Expenditures for rent, personnel, overhead, general administrative, fund-raising, and other day-to-day costs of political parties or legislative campaign funds need not be attributed to individual candidates, unless these expenditures are made on behalf of a clearly identified candidate and the expenditure can be directly attributed to that candidate.
Expenditures for educational campaign seminars, for training of campaign workers, and for registration or get-out-the-vote drives of political parties or legislative campaign funds need not be attributed to individual candidates unless these expenditures are made on behalf of a clearly identified candidate, and the expenditure can be directly attributed to that candidate.
Last updated October 26, 2023 at 11:10 AM
History
- Effective: January 25, 2016
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-4-16 Other income.
(A) For purposes of preparing a campaign finance statement required by section 3517.10 of the Revised Code, items of other income such as investment income, interest income, refunds received by the reporting entity, uncashed checks, or the reporting entity's own insufficient funds checks that are returned to the reporting entity shall be reported on a form separate from an account of contributions and expenditures. Such items of other income are presumed, unless shown otherwise, not to count toward the contribution limits set forth in section 3517.10 2 of the Revised Code.
(B) When an expenditure made by a candidate's campaign committee, political action committee, political contributing entity, political party, or other political entity, for the purpose of refunding the excess portion of a contribution or to refund an otherwise prohibited contribution, is not cashed or negotiated by the payee, the entity may void that expenditure, report it as an uncashed check transaction on the statement of other income and reissue the refund expenditure. If the second refund expenditure is likewise not cashed or negotiated by the payee the reporting entity shall void that expenditure, report it as an uncashed check transaction on the statement of other income and issue an expenditure in the same amount to a qualified charitable organization as defined in division (G) of section 3517.08 of the Revised Code.
Last updated October 26, 2023 at 11:10 AM
History
- Effective: January 25, 2016
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-4-17 Joint fund-raising.
Any campaign committee or other reporting entity that engages in a joint fund-raising activity shall do the following:
(A) Require each contributor who desires to make a contribution to more than one participant to write a separate check or make a separate contribution to each participant in the joint fund-raiser subject to the contribution limits in section 3517.102 of the Revised Code;
(B) Report all contributions received in its name or for its benefit on Form 31-E;
(C) Return any check or contribution made payable to more than one participant.
Expenses for a joint fund-raising activity shall be equally divided among all participants in the activity and reported accordingly, unless agreed otherwise by the participants.
Last updated July 15, 2026 at 2:59 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-4-18 Political communications.
(A) The following articles are exempted from the disclaimer or identification requirements of section 3517.20 of the Revised Code:
(1) Badges or buttons that have a pin or clasp backing for attaching to clothing;
(2) Balloons;
(3) Cups and mugs;
(4) Combs;
(5) Emery boards;
(6) Key tags, key rings, or key fobs;
(7) Lapel pins, charms, tie tacks, rings, and other items of jewelry;
(8) Letter openers;
(9) Pencils;
(10) Pens;
(11) Standard measuring rulers not more than twelve inches long;
(12) Sponges;
(13) Golf balls and golf tees;
(14) Insulated beverage sleeves;
(15) Tee shirts, caps, hats, facial coverings, and other articles of clothing;
(16) Individually wrapped candy;
(17) Magnets measuring two and one-half inches by three inches or less, or seven and one-half square inches or less, or three inches in diameter or less;
(18) Stickers, labels, decals, or any other printed material with an adhesive back measuring two and one-half inches by three inches or less, or seven and one-half square inches or less, or three inches in diameter or less.
(19) Plastic discs, designed to be sailed with a flip of the wrist for recreation or competition;
(20) Plastic bags;
(21) Plastic or wooden sticks manufactured for the purpose of stirring paint;
(22) Flyswatters;
(23) Chip clips;
(24) Banners that are towed by an aircraft in flight
(25) Status updates or messages posted on a social media website where a home page for the committee exists that properly identifies the committee.
(B) Specific exemptions for articles not listed above may be obtained by sending a written request via electronic mail or to the "Office of the Secretary of State, Campaign Finance Division, 22 North Fourth Street, 15th floor, Columbus, Ohio 43215-3668." A request for a specific exemption must contain a complete description of the article to be exempted, including a photocopy or other reproduction of the article and the exact dimensions of the article, a brief statement explaining why the exemption should be granted, and the address and telephone number of the person making the request.
(C) Specific exemptions may be granted to articles similar to those listed in paragraph (A) of this rule, the size or nature of which makes it unreasonable to add a disclaimer.
(D) Specific exemptions will not be granted to printed political communications such as placards, posters, signs, newspaper and magazine advertisements, match books, billboards, flyers, handbills, or business cards or any other printed material measuring more than two and one-half by three inches, or more than seven and one-half square inches, or more than three inches in diameter.
(E) When a campaign committee makes a political communication, as defined in section 3517.20 of the Revised Code, using items that are, and will be reported as, in-kind contributions received from an individual or other entity, the use of the recipient candidate's campaign committee full disclaimer will fully satisfy the disclaimer requirement of section 3517.20 of the Revised Code.
Last updated June 15, 2026 at 4:03 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-4-19 Amendments.
(A) The secretary of state or the board of elections shall examine all statements required to be filed under sections 3517.081 to 3517.17 of the Revised Code for compliance with sections 3517.08 to 3517.17 of the Revised Code. If during the examination conducted under division (B)(4) of section 3517.11 of the Revised Code, the statement is found to be incomplete or inaccurate, a notice shall be sent by certified mail to the committee or entity that filed the statement detailing the items that are incomplete or inaccurate. Except as otherwise provided in this rule, the recipient shall file, within twenty-one days after the receipt of the notice, an addendum, amendment or other correction to the statement providing the information necessary to complete or correct the statement. The addendum, amendment, or other correction shall be submitted to the officer with whom the original statement was filed.
(B) A committee or other entity that receives a notice as described in paragraph (A) of this rule from the secretary of state or a county board of elections may request additional time to respond to the notice. Any request for additional time must be made within twenty-one days after the receipt of the notice.
(C) The secretary of state or a county board of elections may extend the response deadline, for a reasonable period of time as determined by its discretion, for a committee or other entity who receives a notice as described in paragraph (A) of this rule, provided the committee or other entity makes a timely request for additional time pursuant to paragraph (B) of this rule. The secretary of state or board of elections may extend the response deadline when the request is made after twenty-one days upon a showing in writing of reasonable exigency by the committee or other entity.
Last updated June 15, 2026 at 4:03 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-4-20 Reporting contributions for partnerships.
(A) As required by division (I) of section 3517.10 of the Revised Code, except as otherwise provided by paragraph (F) of this rule, the recipient of a contribution from a partnership or other unincorporated business must itemize the contribution by listing both the partnership or other unincorporated business and the name of each partner, owner, or member for whom the partnership or other unincorporated business issued the contribution. No contribution may be made solely in the name of the partnership or other unincorporated business.
(B) Simultaneous with the issuance of a check or other instrument which represents one or more individual contributions, a partnership or other unincorporated business must provide one of the following:
(1) The name of each partner, owner, or member as of the date of the contribution or contributions, and a statement that the total contributions are to be allocated equally among all of the partners, owners, or members; or
(2) The name of each partner, owner, or member as of the date of the contribution or contributions who is participating in the contribution or contributions, and a statement that the contribution or contributions are to be allocated to those individuals in accordance with the information provided by the partnership or other unincorporated business to the recipient of the contribution.
(C) When a contribution is received from a partnership or other unincorporated business, the recipient of the contribution must itemize the contribution as directed by the partnership or other unincorporated business pursuant to paragraph (B)(1) or (B)(2) of this rule. No contribution from a partnership or other unincorporated business may be accepted, deposited, or used unless the recipient has the allocation information necessary to itemize the contribution by the partner, owner, or member as provided by paragraph (B)(1) or (B)(2) of this rule.
(D) To comply with division (I) of section 3517.10 of the Revised Code and this rule, the recipient of a contribution from a partnership or other unincorporated business must separately list the name, address, date, and amount of each allocated contribution as provided by the partnership or other unincorporated business at the time of the contribution. For each entry, whether on paper forms or by electronic means of transmission as prescribed by the secretary of state, the recipient shall utilize the employer/occupation field to disclose the name of the issuing partnership or other unincorporated business.
(E) For purposes of contribution limitations prescribed by section 3517.102 of the Revised Code, a contribution by a partnership or other unincorporated business shall be considered to have been made by the partner(s), owner(s), or member(s) as allocated and itemized pursuant to paragraphs (B)(1) and (B)(2) of this rule and division (I)(2) of section 3517.10 of the Revised Code. The allocated portion of any partnership or other unincorporated business contribution counts toward the limitations prescribed by section 3517.102 of the Revised Code as applied to individuals, political action committees, political contributing entities, political parties, campaign committees, and legislative campaign funds. Both the maker and recipient of an allocated partnership or other unincorporated business contribution must ensure that each allocated contribution, when added to any other contribution from the allocated source, does not violate the contribution limitations, as prescribed by section 3517.102 of the Revised Code, of the allocated contributor.
(F) The supreme court of Ohio has adopted the Ohio Code of Judicial Conduct which imposes limitations on campaign committees for candidates seeking judicial office.
(1) These rules identify three types of contributors to judicial campaign committees:
(a) Individual
(b) Organization
(c) Political party
(2) The supreme court of Ohio has defined an "organization" to include a "partnership, limited liability company, association, professional association, ... law firm..."
(3) A contribution received by a campaign committee of candidate seeking judicial office from and organization as defined by the Ohio Code of Judicial Conduct is not required to be attributed or allocated to any particular individual, owner, or partner. Rather, such a contribution may be disclosed, in its entirety, as being received from the organization.
Last updated June 15, 2026 at 4:03 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Chapter 111:2-5 Electronic Filing; Paper Filing; Termination of Transition Fund
Ohio Adm.Code 111:2-5-01 Electronic signature.
(A) No entity that files statements with the secretary of state shall file by electronic means of transmission, as required by section 3517.10, 3517.105, 3517.106, 3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code, until that entity receives from the Ohio secretary of state's office a user name, password and electronic signature.
(B) No entity that files statements with the board of elections shall file by electronic means of transmission, as permitted by section 3517.10, 3517.105, or 3517.106 of the Revised Code, until that entity has properly registered by electronically submitting a Designation of Treasurer in a manner prescribed by the secretary of state.
(C) Any of the following qualify as the electronic signature as required by division (F) of section 3517.106 of the Revised Code for each campaign entity that files statements by electronic means of transmission:
(1) The combination of user name, password, and electronic signature provided by the secretary of state;
(2) The combination of user name, password, and unique personal identification number provided by the secretary of state; or
(3) The combination of user name, password, and any other multi-factor authentication method prescribed by the secretary of state.
Last updated July 15, 2026 at 2:59 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-5-02 Acknowledgment of statement filed by electronic means of transmission.
(A) A statement filed with the secretary of state by electronic means of transmission pursuant to section 3517.10, 3517.105, 3517.106, 3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code shall be filed by using an on-line application linked to the secretary of state's home page on the world wide web. This application is called the "Campaign Finance Online Filing System" (CFOFS).
(B) A statement filed with the board of elections by electronic means of transmission pursuant to section 3517.10, 3517.105, or 3517.106 of the Revised Code shall be filed by using an on-line application linked to the board of election's home page on the world wide web. This application is called the "BOe-file System."
(C) The secretary of state or board of elections shall immediately acknowledge statements filed in the respective on-line application by notifying the filer when the statement submitted is successfully processed.
(D) The secretary of state and board of election's method of preserving all statements filed by electronic means of transmission is to store all such statements in a database maintained by the secretary of state.
Last updated June 15, 2026 at 4:03 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-5-03 Provision of checks and receipts when filing by electronic means of transmission.
Any entity that files a statement by electronic means of transmission pursuant to sections 3517.10 to 3517.106 of the Revised Code shall also file a copy of the canceled checks or paid receipts required by section 3517.10 of the Revised Code. This copy may be filed by one of the following methods:
(A) By sending a paper copy of the canceled checks or paid receipts to the same office the entity files the electronic statement. This copy shall be filed or postmarked not later than the date the statement is required to be filed under section 3517.10 of the Revised Code;
(B) By uploading a copy of the canceled checks or paid receipts into the respective "Campaign Finance Online Filing System" (CFOFS) or "BOe-file System" using the upload attachment function in the application. This copy shall be uploaded not later than the date the statement is required to be filed under section 3517.10 of the Revised Code; or
(C) By sending an electronic copy of the canceled checks or paid receipts via electronic mail to an address as specified by the office with whom the entity is seeking to file.
Last updated June 15, 2026 at 4:03 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-5-04 Hardship rule.
(A) As used in this rule, "eligible campaign committee" means either of the following:
(1) The campaign committee of a candidate for statewide office that makes expenditures of less than twenty-five thousand dollars during a reporting period under division (A) of section 3517.10 of the Revised Code;
(2) The campaign committee of a candidate for the office of member of the general assembly or for the office of judge of a court of appeals that would otherwise be required to file campaign finance statements by electronic means of transmission under division (E) of section 3517.106 of the Revised Code.
(B)
(1) An eligible campaign committee may file a campaign finance statement for a reporting period under division (A) of section 3517.10 of the Revised Code by paper rather than by electronic means of transmission if the candidate of the eligible campaign committee files with the secretary of state a notice indicating that the candidate's campaign committee intends to file by paper and stating that filing the statement by electronic means of transmission would constitute a hardship for the candidate or for the eligible campaign committee.
(2) The campaign finance statement is accompanied by a fee not to exceed the actual data entry and data verification costs incurred by the secretary of state to convert the information filed on paper to electronic format. The fee shall be determined by the secretary of state, which results in a fee that does not exceed the secretary's actual costs.
(C) An eligible campaign committee that files a campaign finance statement on paper pursuant to division (J) of section 3517.106 of the Revised Code shall review the contribution and other information made available online by the secretary of state with respect to that paper filing and shall notify the secretary of state of any errors with respect to that filing that appear in the data made available on the secretary of state's web site.
(D) Campaign finance statements filed on paper pursuant to division (J) of section 3517.106 of the Revised Code shall be filed by the filing deadlines required under division (A) of section 3517.10 of the Revised Code.
(E) Any campaign committee that submits paper campaign finance statements, pursuant to division (J) of section 3517.106 of the Revised Code, shall comply with the following provisions, as applicable.
(1) The candidate of an eligible campaign committee that intends to file a paper statement pursuant to division (J) of section 3517.106 of the Revised Code shall file a notice of hardship for each campaign finance statement that the committee intends to file by paper. A notice of hardship must be filed prior to the filing of the campaign finance statement on paper in order for a campaign committee to file on paper pursuant to division (J) of section 3517.106 of the Revised Code.
(2) A campaign finance statement filed on paper pursuant to division (J) of section 3517.106 of the Revised Code is not timely filed if, by the filing deadline, the statement is not filed at the office of the secretary of state.
(3) Electronic filing notices of hardship shall be signed under penalty of election falsification.
Last updated July 15, 2026 at 2:59 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-5-05 Termination of transition fund.
(A) On or before the one hundred twentieth day after a transition fund has been established pursuant to division (B) of section 3517.1014 of the Revised Code, the treasurer of the transition fund shall file a termination statement.
(B)
(1) The termination statement shall be filed by filing a final statement of donations and disbursements as required by division (I) of section 3517.1014 of the Revised Code using the on-line application called the "Campaign Finance Online Filing System" (CFOFS), established pursuant to rule 111:2-5-02 of the Administrative Code, and selecting the option during the submission process indicating that the statement is a termination statement. The termination report must have a zero balance on hand and all loans received must have been repaid or forgiven.
(2) The treasurer shall include with this filing a copy of all available statements from the bank or other financial institution that held transition fund moneys. The bank or financial institution statements may be submitted through CFOFS using the "Upload Attachment" function in the application or by mail to the campaign finance section of the secretary of state's office.
(C) Notwithstanding paragraph (B) of this rule, if the final bank or financial institution statements are not available at the time of filing the transition statement, the treasurer shall indicate in the final statement of donations and disbursements that all transition fund moneys were disposed of prior to the termination of the transition fund and shall file with the secretary of state copies of the final bank or financial institution statements within five days after receiving them from the bank or financial institution.
Last updated June 15, 2026 at 4:03 PM
History
- Effective: October 5, 2021
- Promulgated Under: 119.03
Chapter 111:2-6 Proceedings Before the Ohio Election Integrity Commission
Ohio Adm.Code 111:2-6-01 Scope, applicability and construction of rules.
(A) Applicability.
This chapter prescribe the procedure to be followed in all matters before the ohio election integrity commission, whether brought by referral pursuant to section 3517.16 of the Revised Code or by request for advisory opinion pursuant to divisions (B)(2) and (D) of section 3517.15 of the Revised Code.
(B) Construction.
This chapter shall be construed and applied to effect due process, just results, fair, impartial, speedy and sure administration, simplicity in procedure, elimination of delay, unnecessary expense and all other impediments to the expeditious administration of the election laws under the jurisdiction of the commission.
Last updated February 19, 2026 at 7:39 AM
History
- Effective: February 19, 2026
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-6-02 Request for Advisory Opinions.
(A) Request for advisory opinion.
Each request for an advisory opinion shall be made in writing, and be in substantial compliance (as determined by the administrator or chairperson) with the following format:
(1) Typewritten, double-spaced, in no less than twelve-point font size, on 8.5 x 11 inch white paper, and containing no more than five pages excluding exhibits;
(2) Clearly set forth the legal names and full residence and/or business addresses and telephone numbers of the person(s) making the request;
(3) Clearly set forth a hypothetical fact pattern upon which the commission's advice is requested and describe, in general, all parties involved in the hypothetical fact pattern, whether individuals, committees, organizations, legislative campaign funds, or others. The request must include the legal name, title and address of the individual, treasurer, officer, member or agent responsible for the request and contain by attachment all sample exhibits and other documents which the commission will need to render its opinion;
(4) Clearly set forth each and every separate element or section of Ohio elections law upon which the commission's advice is requested, in a narrative form, cross-referenced to the relevant Revised Code section(s);
(5) Clearly cite every known relevant prior advisory opinion(s) from the Ohio election integrity commission and/or relevant legal authority.
(6) Clearly set forth sufficient evidence that the requesting party is an Ohio elector over whose acts the commission has or may have jurisdiction or who is requesting advice on behalf of an entity over whose acts the commission has or may have jurisdiction;
(7) Requesting parties may submit a memorandum in support of the request. Such memorandum shall be no more than twelve pages;
(8) Advisory opinions of the commission may not be applied retroactively;
(9) In the letter requesting the opinion, the requesting party shall demonstrate, to the sufficiency of the administrator for the commission, that the request is made in good faith. If the requesting party does not establish to the sufficiency of the administrator that the request is being made in good faith, the administrator shall recommend to the commission that an opinion not be issued;
(10) Any request that does not sufficiently establish any of the elements in this paragraph shall be denied and a reason for the denial shall be provided to the requesting party.
(B) Any non-complying or insufficient request for advisory opinion shall be first entered into the records of the commission and then returned electronically to the submitting party with a notice detailing the insufficiency. The submitting party shall have fourteen calendar days from the date of the notice in which to resubmit satisfactory documents. If the request for advisory opinion is not timely resubmitted, such request for advisory opinion may be dismissed without prejudice.
(C) The administrator or the commission may request additional information from the submitting party and the submitting party shall have fourteen calendar days from the date of the notice in which to submit the requested information.
(D) The administrator or designee shall assign a separate unique designation to all opinions issued by the commission. After each case has received its designation, any correspondence with the commission shall include this designation.
Last updated February 19, 2026 at 7:39 AM
History
- Effective: February 19, 2026
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-6-03 Service of documents commencing proceedings.
(A) Who may be served.
Complaints shall be served upon respondents as detailed in this rule and otherwise in conformity with section 119.05 of the Revised Code.
(B) Preparation of process.
A copy of the complaint, a notification of where the rules and statutes governing the jurisdiction and proceedings of the commission can be accessed, a notice of the determination or recommendation made by the secretary of state, as appropriate, including any date set by the commission to take action on the complaint, and any other necessary documents, shall be provided by the commission to the parties in the complaint by service at the address set forth in the complaint.
(C) Subsequent notice.
Notice by the commission, subsequent to initial filing and service of the complaint, shall be by electronic mail or regular U.S. mail, postage pre-paid.
(D) Notice of disposition.
Notice of disposition or adjudication of a matter, or any part thereof, by the commission shall be served upon the party adversely affected by any method permitted pursuant to section 119.05 of the Revised Code. Any appeals shall be made based on the date of receipt by the affected party.
Last updated February 19, 2026 at 7:39 AM
History
- Effective: February 19, 2026
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-6-04 Service and filing of subsequent pleadings and documents.
(A) Response.
Any party that is the subject of a complaint referred to the commission for a hearing as provided in section 3517.17 of the Revised Code that is not given the expedited process, shall file a response on the merits, or on commission jurisdiction, with the commission within fourteen calendar days of the receipt of the complaint. Said response shall be filed in writing.
(B) Required service.
Except as otherwise provided in these rules, every motion, every pleading subsequent to the initial complaint, every paper relating to discovery (except requests for issuance of subpoenas), every document filed with the commission, every written notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties by the party making the filing. The party making the service shall maintain a certificate of service, authenticated by the USPS or by electronic service, that such service was made by use of mail service or electronic service. No service need be made on parties in default for failure to appear or respond, except that pleadings asserting new or additional claims against them shall be served upon them in the manner set forth in rule 111:2-6-03 of the Administrative Code.
Last updated February 19, 2026 at 7:38 AM
History
- Effective: February 19, 2026
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-6-05 Time.
(A) Extension of time; continuance.
(1) Before a continuance is granted by the commission, the party seeking the continuance shall request the consent of the other party for such continuance. If the parties mutually agree on the continuance, the parties shall submit a joint motion for continuance, in writing, which will be considered by the commission. If there is no agreement of the parties, the requesting party shall specify the efforts by parties to meet and confer in good faith, to reach resolution, which shall at minimum include a telephonic conversation, and be made in writing to the commission and which shall be considered by the commission.
(2) No extension of time or continuance will be granted unless timely submitted, in writing, and approved by the administrator to the commission, the hearing officer, or the chairperson of the commission. The commission may grant extensions of time in a manner consistent with the provisions of section 3517.17 of the Revised Code. Parties appearing before the commission will not be summarily granted any continuance without good cause. At such time as a continuance is granted, the date to which the continuance will be made will be determined and notice will be sent to all parties pursuant to rule 111:2-6-03 of the Administrative Code.
(B) Hearing, motions, subsequent filings.
(1) Hearing.
A hearing on the complaint shall be held within a reasonable time following notice thereof to the parties and/or counsel, unless such notice is waived by all parties and/or counsel to the parties.
(2) Motions.
Motions and supporting affidavits and/or supporting documents shall be served upon and received by other parties and/or counsel, and received by the commission no later than seven business days prior to the date set for hearing. Responsive affidavits and documents shall be served upon and received by other parties and/or counsel and received by the commission no later than three business days prior to the date set for hearing. The filing of any motions not addressed within these rules, or outside of the time permitted by this chapter, is subject to the discretion of the hearing officer or the chairperson, as applicable.
(3) Subsequent filings.
Unless otherwise allowed by these rules or by the hearing officer or the chairperson, as applicable, all filings must be submitted three business days prior to the relevant hearing or commission meeting.
Last updated February 19, 2026 at 7:40 AM
History
- Effective: February 19, 2026
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-6-07 Ohio Election Integrity Commission Proceedings.
(A) Hearings before the hearing officer.
(1) When a hearing is required pursuant to division (E)(3) of section 3517.16 of the Revised Code, such hearing shall be scheduled within a reasonable time. Parties may request that a hearing is expedited or continued for good cause, but such requests are subject to the discretion of the administrator of the commission, hearing officer, or chairperson of the commission, respectively.
The secretary of state's office may be a complainant or co-complainant in any case before the commission.
(2) Prior to requesting a motion to compel discovery, parties shall reasonably submit to the request of another party and produce the necessary documents, information or other discovery items without the intervention of commission staff or by use of any of the powers available to the commission. If such efforts fail, an aggrieved party may petition the hearing officer to compel the necessary discovery, which request may be granted at the discretion of the hearing officer.
(B) The hearing before the hearing officer.
(1) All parties and counsel shall observe usual decorum as would be expected in a courtroom. The hearing officer shall rule as to admissibility of evidence and/or other matters subject to objection or regarding the conduct of the hearing.
(2) The hearing officer shall call the case by caption and case number and request that the parties, and any counsel for the respective parties, identify themselves and indicate their presence;
(3) The parties shall identify any and all witnesses expected to be called, which witnesses will be sworn to give truthful testimony by the hearing officer. Any party intending to give testimony must be so sworn. A party may then request separation of witnesses;
(4) The secretary of state's office shall present the results of its investigation into the matter by entering the report created pursuant to division (C) of section 3517.16 of the Revised Code into the record, subject to any redactions or exclusions permitted or required under section 149.43 of the Revised Code, and entering any evidence supporting its report. The testimony of witnesses and presentation of evidence shall then occur as otherwise described in this rule;
(5) Parties may make opening statements, as directed by the hearing officer, briefly outlining their cases;
(6) The hearing officer shall direct the testimony of witnesses and presentation of evidence by the parties. Parties shall examine and cross-examine witnesses who shall then be subject to questioning by the hearing officer. Re-direct and re-cross examination of each witness shall continue at the direction of the hearing officer and in a manner which assures fairness and equity to all parties;
(7) At the conclusion of the complainant's case, a respondent may move to dismiss some or all of the allegations for which the respondent asserts that the complainant did not produce sufficient evidence. The hearing officer will consider such motion and take action consistent with the evidence presented;
(8) At the conclusion of the respondent's case, a complainant may request an opportunity to present rebuttal witnesses and evidence, which presentation shall be at the reasonable discretion of the hearing officer;
(9) Parties may make closing statements briefly summarizing their cases and the evidence presented;
(10) At the conclusion of the presentation of witnesses and evidence by the parties, the hearing officer may:
(a) Leave the record open and continue deliberations for the purpose of securing documents or testimony as the hearing officer determines to be necessary in order to effect a just result;
(b) Continue the matter for additional time to allow consideration of the record established by the parties as the hearing officer determines to be necessary in order to effect a just result;
(c) Proceed to draft a report and recommendations pursuant to division (A)(1) of section 3517.17 of the Revised Code, and submit such report and recommendation to the commission.
(C) Subpoenas issued by the hearing officer.
(1) A party may file a request for issuance of subpoenas and subpoenas duces tecum or a motion to quash such subpoena and shall do so in a timely manner. The party must include a certification that the party has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without action of the hearing officer. All such requests or motions are subject to the reasonable discretion of the hearing officer.
(2) The hearing officer may issue a subpoena to any person in the state compelling the attendance of such person and the production of relevant papers, books, reports, and other documents at any proceedings before the hearing officer which shall aid the hearing officer in assuring a just, fair, and equitable disposition by the commission. The fees and mileage of the sheriff and subpoenaed witnesses shall be the same as that allowed in the court of common pleas in civil cases in the Franklin county court of common pleas. Fees and mileage shall be paid in the same manner as other expenses of the commission are paid. In order to receive payment for fees and mileage, a subpoenaed witness must submit an application on a form prescribed by the commission.
(D) Rules of evidence for hearing before the hearing officer.
(1) Application of these rules is subject to the reasonable discretion of the hearing officer, whose exercise of such discretion shall be as the interests of justice require.
(2) Prior to the hearing, the parties and/or their counsel are expected to file with the hearing officer a joint, written stipulation as to all matters not at issue and all exhibits which may be introduced without objection.
(3) The hearing officer shall consider all applicable legal privileges, including the privilege against self-incrimination and any other legally recognized privilege under state or federal law.
(4) The hearing officer shall take into account all reliable, probative and material evidence submitted by the parties. The hearing officer may exclude evidence which is cumulative, duplicative or irrelevant and hearsay evidence which lacks indices of reliability.
(5) The hearing officer may accept affidavits into the record. Affidavits offered at a hearing may be excluded by the hearing officer if a party's case will be prejudiced by the absence of an opportunity for cross-examination of the affiant. An affiant's address must be included in or accompany the affidavit.
(6) The hearing officer may accept into the record documents prepared by or file-stamped by the secretary of state, a board of elections, or any other Ohio governmental body, without the necessity for formal certification by such body. Documents which lack the proper certification may be excluded by the hearing officer if a party's case will be prejudiced by the absence of such certification or the documents lack the necessary indices of reliability without such certification. Such determination will be made by the hearing officer at such hearing.
(7) All exhibits shall be consecutively lettered or numbered by the commission as they are received in the office of the commission or at a hearing. Exhibits in support of the allegations shall be lettered. Exhibits submitted by respondents shall be numbered. Exhibits in any preliminary proceeding are carried forward to any hearing in the same case and need not be re-offered at the hearing. The commission may accept copies of documents in lieu of originals.
(8) Unless specifically excluded by the hearing officer, evidence is made a part of the record. A party may proffer evidence excluded by the hearing officer at the time of its exclusion or at the conclusion of the hearing.
(E) Ohio election integrity commission meeting.
Upon review of the report and recommendation of the hearing officer, the commission may refer the matter back to the hearing officer for further investigation and a revised recommendation pursuant to section 3517.17 of the Revised Code. If the commission finds that no violation has occurred, the case is complete and the parties shall be dismissed. If the commission finds that a violation has occurred, it shall either impose a penalty in accordance with section 3517.171 of the Revised Code, or refer the matter to the appropriate county prosecutor in accordance with division (B) of section 3517.17 of the Revised Code.
Last updated February 19, 2026 at 7:40 AM
History
- Effective: February 19, 2026
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-6-09 Reconsideration of commission decisions.
(A) A party adversely affected by a finding of the commission may request reconsideration of the finding by submitting a letter requesting that the commission reconsider its finding within fourteen calendar days of the receipt of the notice of disposition.
(B) In order to assure just results, the commission may reconsider a finding pursuant to paragraph (A) of this rule if, in the reasonable discretion of the administrator to the commission, that finding of the commission did not give proper due process, or imposed an undue burden on a party before the commission. However, no reconsideration shall be granted after the earlier of either the fourteenth calendar day following the receipt of the notice of disposition, or the time by which the commission shall have acted pursuant to division (A) of section 3517.17 of the Revised Code.
Last updated February 19, 2026 at 7:40 AM
History
- Effective: February 19, 2026
- Promulgated Under: 119.03
Ohio Adm.Code 111:2-6-10 Definitions.
As used in this chapter:
(A) "Standard of proof" means, with respect to alleged violations of provisions of the Revised Code listed in division (A) of section 3517.15 of the Revised Code, "preponderance of the evidence"; except with respect to alleged violations of divisions (A) and (B) of sections 3517.21 and/or 3517.22 of the Revised Code, "clear and convincing evidence."
(B) "Affidavit" means a sworn statement verified and sealed by a notary public and including as a portion of the jurat the following language, "sworn to and subscribed in my presence" and in a form substantially in accordance with section 2935.19 of the Revised Code.
(C) "Complainant(s)" means either the person(s) making the complaint or the secretary of state's office.
(D) "Respondent(s)" means the person(s) alleged to have violated Ohio election law.
(E) "Filed" or "filing" means the date and time when an item is received by the secretary of state's office or the commission, as applicable, or when accepted by a hearing officer or accepted at any meeting held by the commission. Except as permitted by a hearing officer or the commission, "filed" or "filing" requires electronic submission.
(F) "Costs" of the commission shall include but not be limited to the following expenses:
(1) Mailing charges for any notice or letter sent;
(2) Delivery charges incurred in notifying and informing commission members;
(3) Expenses incurred by a commission member for attending the meeting;
(4) Services of a court reporter;
(5) Any rental charges incurred for any reason directly allocable to the case;
(6) Subpoena fees and charges whether incurred by the commission or on behalf of the commission;
(7) Reasonable attorney fees as determined by the commission and as allowed by the Revised Code.
Last updated February 19, 2026 at 7:40 AM
History
- Effective: February 19, 2026
- Promulgated Under: 119.03
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