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OfficeBill Analysis

S.B. 107
133rd General Assembly

Click here for S.B. 107’s Fiscal Note

Version: As Reported by House State and Local Government
Primary Sponsor: Sen. Rulli
Effective Date:

Abby McMahon, Attorney

SUMMARY Expands the categories of political entities that are permitted to file their campaign
finance statements electronically to include candidates for the State Board of Educationand certain local candidates and political entities.

 Prescribes the manner in which a board of elections must process electronic statements
filed with the board.

 Requires the Secretary of State to store electronic statements received from boards ofelections and make those statements available online in the same manner as otherelectronic statements.

 Specifies that the bill takes effect one year after the first day of January that occurs after
the act is filed with the Secretary of State.

DETAILED ANALYSISElectronic campaign finance filings
The bill expands the categories of political entities that are permitted to file theircampaign finance statements electronically to include candidates for member of the State
Board of Education, candidates for local office, and certain local political entities. (The bill does
not affect any filing requirements that may apply to municipal or county elections held in amunicipal corporation or county with a charter that specifies a different system of campaign
finance regulation.) Under continuing law, the Secretary of State must provide voluntarytraining to entities that file electronic campaign finance statements, if the Secretary determinesthat training is needed.

June 21, 2019

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Legislative Budget Office

The table below describes the entities the bill adds to the electronic filing system. 1
Entities included in electronic filing under the bill
EntityCandidate for member of the State Board ofEducation

Threshold for mandatory
electronic filing
None; electronic filing is
optional

Where filed
Secretary ofState

Candidate for an office other than a statewide office, None; electronic filing ismember of the General Assembly, or judge of aoptional
court of appeals

Board ofelections

County political party, with respect to contributions
and expenditures other than those pertaining to theparty’s state candidate fund

None; electronic filing is
optional

Board ofelections

Political action committee or political contributing
entity whose contributions and expenditures pertain
only to local candidates and issues

None; electronic filing is
optional

Board ofelections

The following table identifies the entities currently required to file their campaign
finance statements electronically.
Entities included in electronic filing under continuing law
EntityCandidate for statewide officeThreshold for mandatory
electronic filing
Total contributions orexpenditures exceeding$10,000;

Where filed
Secretary ofState$25,000 if permitted
under Secretary of State
rules
Candidate for member of the General Assembly

Total contributions orexpenditures exceeding$10,000;

Secretary ofState; board ofelections if filing

1R.C. 3517.10(C)(6) and 3517.106 and cross-reference changes to R.C. 3517.10, 3517.105, 3517.1011,
and 3517.11.

P a g e |2S.B. 107
As Reported by House State and Local Government

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Entities included in electronic filing under continuing law
EntityCandidate for judge of a court of appeals

Threshold for mandatoryelectronic filing

Where filed

may file on paper,
regardless of amount, if
permitted under Secretaryof State rules

on paper

Total contributions orexpenditures exceeding$10,000;

Secretary ofState; board ofelections if filingon papermay file on paper,
regardless of amount, if
permitted under Secretaryof State rules
State political party

Total contributions orexpenditures exceeding$10,000

Secretary ofState

Legislative campaign fundTotal contributions orexpenditures exceeding$10,000

Secretary ofStateCounty political party, with respect to its statecandidate fund

None; must fileelectronically

Secretary ofState

Political action committee or political contributing
entity that makes contributions or receives
expenditures with respect to statewide candidates,
General Assembly candidates, state or national
political parties, legislative campaign funds, orstatewide ballot issues

Total contributions orexpenditures exceeding$10,000

Secretary ofState

Individual, partnership, or other entity that makes
independent expenditures in support of or
opposition to a statewide candidate or statewide
ballot issue

Total contributions orexpenditures exceeding$10,000

Secretary ofState

Filing electronic statements with a board of elections
Under the bill, a board of elections that receives an electronic campaign financestatement must transmit that statement to the Secretary of State within five business days
after receiving it. If the board receives an addendum to that statement or an amended version

P a g e |3S.B. 107
As Reported by House State and Local Government

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Legislative Budget Officeof the statement, the board must transmit the addendum or amended statement to theSecretary not later than the close of business on the day the board received it.
The bill requires the Secretary of State to prescribe by rule all of the following
procedures for filing electronic statements with a board of elections, similar to the current
procedures for filing electronic statements with the Secretary of State: 2

 The manner in which a board must immediately acknowledge the receipt of anelectronic statement and preserve the statement; One or more techniques by which a person who files an electronic statement with aboard must electronically sign the statement; The appropriate methodology, protocol, and data file structure for statements filed
electronically with a board.

Records of electronic statements
Retention of statements
The bill requires the Secretary of State to store campaign finance statements filed
electronically with a board of elections on computer in the same manner as other electronicstatements. The Secretary must keep that information stored on computer for at least sixyears.3
Public access to statements
The Secretary of State must make campaign finance statements filed electronically witha board of elections under the bill available online to the public through the Internet in thesame manner as other electronic statements. Under continuing law, the Secretary of State mayremove the information from the Internet after a reasonable period of time.
Continuing law also requires the Secretary of State to make the Secretary’s computer
database of electronic statements available at the Secretary’s office and to make computer
programs that are compatible with the Secretary’s method of storing the information containedin those statements available to entities that are permitted or required to file electronic
statements and to members of the news media and other interested persons for a reasonable
fee.4
Effective date
The bill specifies that it takes effect one year after the first day of January that occurs
after the act is filed with the Secretary of State.5

2R.C. 3517.10(C)(6) and (D)(6), 3517.106(E)(2) and (F), and 3517.11(B)(3).

3R.C. 3517.106(B) and (D).

4R.C. 3517.10(D)(7) and 3517.106(C), (E), and (G).

5Section 3 of the bill.

P a g e |4S.B. 107
As Reported by House State and Local Government

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HISTORY
ActionDateIntroduced

03-13-19

Reported, S. Gov’t Oversight & Reform05-08-19

Passed Senate (32-0)

05-08-19

Reported, H. State & Local Gov’t

06-20-19

S0107-RH-133/ks

P a g e |5S.B. 107
As Reported by House State and Local Government