Ohio Administrative Code › Title 111:2 - Campaign Finance › Chapter 111:2-2 - Independent Expenditures; Personal Funds › Section 111:2-2-01 - Independent expenditures

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