Ohio Administrative Code › Title 111:2 - Campaign Finance › Chapter 111:2-4 - Contributions; Campaign Finance Statements › Section 111:2-4-11 - Deposit of receipts

Current through all regulations passed and filed through July 1, 2024
(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.