111-3-04 Limitation on use of personal funds.

'   ?,

'a

?? ?? Independent expenditures.

frLED

JO EC_ 1 8 200

l.S.C.

Independent expenditure means an expenditure by a person for a communication

c:?advocating the election or defeat of a clearl 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 p?poses of this definition "person" means an individual, partnership, committee, association, or any organization or group of persons, including a separate segregated fund,. political contributing entity or political action committee established by a labor organization, corporation or national bank, but does not mean a labor organization, co?oration, or national bank unless the labor organization, corporation, or national bank is a political contributing entity.

"l*fii'essl ??'eeatffi?" :eaas          A ?communication eee:taiaift? ? message advocating  election  or defeat?????? MEANS  A COMMUNICATION  THAT INCLUDES, but IS not limited to,,_ tfte aame ef tae eaREltaate af expressions such ?"v  ? for," "elect,''"support,''"cast your ballot for," or ?'vote against," "defeat " or "reject".

"Clearly identified candidate" means ?at the n?ne of the candidate appe?s, a photograph or drawing of the candidate-appears, or the identity of the candidate is otherwise app?·ent.

"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 arrangeme?,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

?e  ? ??g p?son MAKING THE EXPENDITURE by the candidate or by the

candidate'S ?e?s CAMPAIGN COMMITTEE OR AGENT, wi? a view toward having a AN expenditure m?de; or

(B)  Made by or through any person who is or has been au?orized to raise or expend funds, who is or has been an officer of                ?tltefid THE CANDIDATE 'S committee or who is or has been, receiving any form of compensation or reimbursement

from the candida?,?e candidate's committee, or agent;

.(Q 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.

,?'

??i:      94     111-3-02                                                                                                                                      2

"Made wi?cooperation or with prior consent of, or in consultation wi? or at ?e request or suggestion of ' does not include providing to ?e expending person upon request Ohio elections commission or secret?y of s?.te guidelines on independent expenditures.

"Agent" means any person who has actual oral or written ??ority, either express or implied, to make or to authorize the making of expenditures on behalf of a candidate, or means any person who has b('.en placed in a position within the campaign organization where it would reasonably appe? that in the ordinary co?se of campaign-related activities he or she may authorize expendi?res.

An expenditure not uali?ring under ?is section as an independent expenditure shall be an in-kind contribution to the candidate A-R ? aR 8*                                                                               JAAde ?' ?8 saRi?.te

·· ·     +L '?   ?? h'"?? -l

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 prep?ed by the candidate,?S?   THE CANDIDATE'S campaign committee, or authorized agents thereof shall be considered.a con?ibution for ?e p?pose of contribution limits and

reporting responsibilities by the person making the expenditure but shall not be considered an expenditure by the candidae or ms 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 expendi?re for purposes of

?is rule.

No expenditure by an authorized committee of a candidate on behalf of that candidate shall quali?f as an independent expenditure.

Replaces former:  111-3-04 Effective: JAN O 1 ??

?"'

R.C. 119.0

??d?-

 

 

enneth Blackwell, Secretary of State

?c 1 8 1!

ru?f e'

Promulgated under:     R.C. 119.03 Rule authorized by:  R.C. 3517.23 Rule amplifies: RC.  3517.10

- "

??

?tt-3-94     111-3-02                                                                                                  3

3517.105

3599.03

Prior effective dates:    9-6-74

8"23-95(Emer)

11-21-95

7-13-98 (Erner)

9-24-98