111:2-3-08. Corporation and labor organization communications  


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  • (A) As provided by section 3599.03 of the Revised Code, the placement of a campaign sign on the property of a corporation, nonprofit corporation or labor organization is not a use of property in violation of division (A) of section 3599.03 of the Revised Code. A corporation, nonprofit corporation or labor organization may not produce a campaign sign for placement or pay for the production or placement or erection of a campaign sign on the corporation, nonprofit corporation or labor organization's property unless the production or payment for the production and placement or erection of the campaign sign 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, and is made subject to the disclosure and identification requirements of section 3517.105 of the Revised Code.

    (B) For the purpose of division (G)(3) of section 3599.03 of the Revised Code, "communicating information" by a corporation or labor organization shall include all of the following:

    (1) Written communication, including communication and information produced and paid for by a candidate's campaign committee, political party or legislative campaign fund, that is distributed exclusively to members, employees, officers, or trustees of the labor organization or shareholders, employees, officers, or directors of the corporation or to members of the immediate families of any such individual or is unintentionally sent as well to a de minimis number of other individuals by:

    (a) Mail either as an individual piece or part of a multi-piece package;

    (b) E-mail;

    (c) Memoranda;

    (d) Reports

    (2) Designing, producing or posting, or the permitted posting of a sign or other material, including a sign or other information produced and paid for by a candidate's campaign committee, political party or legislative campaign fund, that is posted in a place viewable exclusively by the members, employees, officers, or trustees of the labor organization or shareholders, employees, officers, or directors of a corporation or to members of the immediate families of any such individual or is unintentionally viewable as well to a de minimis number of other individuals.

    (3) Audible speech or the permitted audible speech on the property or through the facilities of the labor organization or corporation so long as such speech or permitted speech is delivered exclusively to the members, employees, officers, or trustees of the labor organization or shareholders, employees, officers, or directors of the corporation or to members of the immediate families of any such individual or is unintentionally delivered as well to a de minimis number of other individuals.

Replaces: 111-4-09

Effective: 1/25/2016
Five Year Review (FYR) Dates: 01/15/2021
Promulgated Under: 119.03
Statutory Authority: 3517.23
Rule Amplifies: 3599.03
Prior Effective Dates: 01/01/2006, 1/17/11