§ 107.03. Election Period Communications and Disclosure of Sources of Funds.

(A)

Definitions. As used in this chapter:

(1)

"Election Period Communication" means:

(a)

A communication containing the name, image, voice, or likeness of a municipal candidate, or the title or office of a City of Columbus officeholder holding an elective office, whether holding by appointment or election, that is publicly disseminated during the ninety days before or on the day of an election at which the candidate or officeholder is a candidate for municipal office with an intent or expectation that the communication will be considered by electors voting at the election;

(b)

Information or commentary on a municipal ballot issue that is publicly disseminated during the ninety days before or on the day of the election at which the issue appears on the ballot with an intent or expectation that the communication will be considered by electors voting at the election; or

(c)

Information or commentary publicly disseminated during the ninety days before or on the day of a municipal election that does not contain the name, image, voice or likeness of a municipal candidate or the title or office of a City of Columbus officeholder but from the context of the communication the unambiguous intent of it is to urge electors to vote for or against one or more municipal candidates at the election.

(d)

"Election Period Communication" does not include:

(i)

A communication made solely to the membership, if any, of the entity that issued the communication;

(ii)

A communication by a news reporting entity;

(iii)

Communications that are limited solely to public dissemination of statements submitted by municipal candidates who are candidates at the election to which the communication relates, provided that all candidates are provided an equal opportunity to submit such statements and the questions upon which the statements are based have not been developed or issued in coordination with any municipal candidate;

(iv)

Communications that are limited solely to public dissemination of statements submitted by proponents and opponents of a municipal ballot issue, provided that the proponents and opponents are provided an equal opportunity to submit such statements and the questions upon which the statements are based have not been developed or issued in coordination with any municipal ballot issue committee;

(v)

Communications issued by government entities;

(vi)

Communications limited solely to promoting the date, time and location of a municipal candidate or municipal ballot issue debate or forum; or

(vii)

Communications issued by; or made with the consent of; or made in coordination, cooperation, or consultation with; or made at the request or suggestion of, any of the following: a municipal candidate, the campaign committee or agent of a municipal candidate, or a municipal ballot issue committee or agent of a municipal ballot issue committee.

(2)

"Full address" means a full street address for a physical location, not a post office box or commercial box for mail.

(3)

"Issuer" means a person who issues, authorizes the issuance of, or causes to be issued an Election Period Communication.

(4)

"Municipal election" means a primary, special, or general election on a City of Columbus office or ballot issue.

(5)

"Person" means an individual, corporation, unincorporated association, partnership, limited liability company, or other form of entity.

(6)

"Publicly disseminated" means communicated through any medium to the City of Columbus public at large at any time during the ninety days before or on the day of a municipal election, or communicated directly to five hundred or more residents of the City of Columbus at any time during the ninety days before or on the day of a municipal election. For purposes of this definition, substantially similar messages issued directly to residents by the same issuer or in concert with one or more other issuer(s) shall be included for purposes of the threshold of five hundred.

(B)

Election Period Communication Reports.

(1)

An issuer of an Election Period Communication shall electronically file an Election Period Communication Report with the city clerk no later than the same day that the Election Period Communication is first issued. Such report shall contain the following:

(a)

The legal name and full address of the residence or business location of the issuer of the communication;

(b)

In the case of an issuer that is not an individual, the legal name and full address of an individual designated as the issuer's agent and of the issuer;

(c)

The name and full address of each person who provided any funds that were used to pay the cost(s) of the production and/or dissemination of the communication and/or that were received to be used for such purpose; the date(s) such funds were provided; and the amount(s) of such funds;

(d)

The name and full address of each person who paid any cost(s) associated with the production and/or dissemination of the communication; the date(s) and amount(s) of each payment; and the name and full address of the payee; and the service or item paid for;

(e)

The name and full address of each person paid by the issuer of the communication for any portion of the production and/or dissemination of the communication; the date(s) and amount(s) of each such payment; and a description of the service or item paid for;

(f)

The name and full address of any person to whom a debt has been incurred for any portion of the cost(s) of the production and/or dissemination of the communication; the date(s) and amount(s) of each such debt; the date of which shall be the date the service or item was requested by or on behalf of the issuer of the communication; a description of the service or item related to the debt; and the name and address of each person that is obligated or has pledged to pay the debt in full or part if other than the issuer of the communication; and

(g)

With respect to each Election Period Communication, the name of each candidate for municipal office or the municipal ballot issue to which the communication relates.

(2)

This section shall also apply to an Election Period Communication by any of the following entities set forth in Chapter 3517 of the Ohio Revised Code: campaign committees other than municipal campaign committees; political action committees; federal political committees; political contributing entities; and ballot issue political action committees other than municipal ballot issue committees.

(3)

For purposes of subdivision (B)(1)(c), in the case of funds that were not received specifically to pay costs of the Election Period Communication, "provided any funds" means the persons who provided any funds to the issuer of the communication based on a last-in-first-out method of accounting and for not less than the thirty days prior to the expenditure.

(4)

An issuer that is required to file a report under this division reflecting a debt shall electronically file with the city clerk an amended report each time a payment has been made on the debt. Each amended report shall be filed no later than the day following the payment and shall reflect new information, if any, in any of the above categories since the last previously filed report.

(5)

This section does not apply to an individual who issues one or more Election Period Communications during the ninety days before or on the day of a municipal election if the individual does not act in concert with other persons in issuing the Election Period Communications, the individual pays all costs associated with the production and dissemination of the communications from the individual's own personal funds or is solely liable for such costs, and total costs and/or liability for costs for all such communications do not exceed one hundred dollars.

(C)

Attribution statement on Election Period Communication. An issuer of an Election Period Communication shall provide on such communication the words "Issued by" followed by the issuer's full legal name and full address of the physical location of the issuer's home or business; except that this provision shall not apply to an Election Period Communication to which division (B)(5) applies.

(D)

Disclosure of sources of funds. Any entity described in section 501(a) and tax exempt under section 501(c)(4) of the Internal Revenue Code that makes a monetary or in-kind contribution to a municipal candidate campaign committee or a municipal ballot issue political action committee or provides funds directly or indirectly for all or part of the cost of an Election Period Communication shall electronically file a report with the city clerk the same day that it makes the contribution or provides the funds. Such report shall include the information required by division (B) of this section and shall file subsequent reports in accordance with division (B)(4) when a payment is made on a debt applicable to the in-kind contribution.

(Ord. No. 3386-2018 , § 2, 1-14-2019)