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

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