Current through all regulations passed and filed through September 16, 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:
(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.
