§ 107.05. Violation—Penalty and Process


Latest version.
  • (A)

    Finding of violation.

    (1)

    Process.

    (a)

    If the city attorney or designated special counsel find that an administrative violation of this chapter has occurred, such finding shall be reported to the city clerk, who shall notify the affected party in writing within five business days of the finding and the administrative fine to be assessed. The affected party shall have fifteen days from the date of notification to file an appeal. If the affected party does not file an appeal in fifteen days, the city clerk shall forthwith assess and collect the fine associated with the violation.

    (b)

    Any appeal to the imposition of any finding or administrative fine pursuant to this section must be filed with the city clerk within fifteen days of the date of the city clerk's issuance of a written notice of the finding or fine. Upon receipt of a timely filed appeal, the city clerk or designee shall cause such appeal to be heard by an independent hearing officer, who shall conduct an oral hearing and issue a written decision to the city clerk and the affected party within sixty days of the filing of the appeal. The decision of the hearing officer may affirm, reverse, or modify the city clerk's imposition of the finding or fine and shall be final. If the finding or fine is sustained, the city clerk shall forthwith assess and collect the fine associated with the violation.

    (2)

    If the city attorney or designated special counsel finds that there is probable cause to believe that a criminal violation of this chapter has occurred, including the requisite intent if applicable, the city attorney or designated special counsel shall institute such proceedings as are appropriate.

    (B)

    Excess or Prohibited Contribution.

    (1)

    If a municipal campaign committee receives a contribution in excess of the limits or from a source prohibited by city code, the committee shall dispose of the funds in any of the following ways:

    (a)

    Refund the contribution or excess amount of the contribution to the contributor; or

    (b)

    Donate the amount of the contribution or excess amount of the contribution to a tax-exempt non-profit organization; or

    (c)

    Pay the amount of the contribution or excess amount of the contribution to the Columbus Elections Fund.

    (2)

    If a municipal campaign committee disposes of the excess amount of a contribution within five business days of the initial receipt of the contribution, the receipt shall not be deemed a violation of this code and the provisions of division (C) shall not apply.

    (3)

    If a municipal campaign committee disposes of a contribution from a prohibited source within five business days of becoming aware of the source, the receipt of the contribution shall not be deemed a violation of this code and the provisions of division (C) shall not apply.

    (C)

    Prohibitions and Administrative Penalties.

    (1)

    Prohibitions.

    (a)

    No person shall purposefully fail to file a campaign finance report or election period communication report required under section 107.02 or section 107.03 or a report under section 107.03(D). A violation of this division (C)(1)(a) is a misdemeanor of the first degree.

    (b)

    No person shall knowingly file a false campaign finance report or election period communication report required under section 107.02 or section 107.03 or a report under section 107.03(D). A violation of this division (C)(1)(b) is a misdemeanor of the first degree.

    (c)

    No person shall knowingly solicit or accept a campaign contribution from a source prohibited by this chapter. A violation of this division (C)(1)(c) is a misdemeanor of the first degree.

    (d)

    No issuer of an election period communication shall purposefully fail to comply with division (C)(3) of section 107.03. A violation of this division is a misdemeanor of the first degree.

    (e)

    Whoever knowingly violates chapter 107.04(A)(4) shall be guilty of unlawful interference with a city clerk. A violation of this division is a misdemeanor of the first degree.

    (2)

    Administrative Fines.

    (a)

    Upon a finding of a violation, the city clerk may impose administrative fines in accordance with the amounts set forth under division (C)(2)(b), (c) or (d) of this section.

    (b)

    No person shall knowingly accept a contribution or contributions aggregating more than the contribution limits established in this chapter. A person who is found to have violated this division (C)(2)(b) shall be fined $500 or an amount equal to three times the amount contributed in excess of the amount permitted, whichever is greater.

    (c)

    A fine of $100 per day shall be assessed for each day that a report required by chapter 107.02 or chapter 107.03 is not timely filed.

    (d)

    A fine of up to $500 may be assessed for any other violation of this chapter.

    (e)

    The city clerk shall establish procedures for reports to be amended and civil fines to be waived or reduced accordingly.

    (Ord. No. 3386-2018 , § 2, 1-14-2019)

    Cross References

     Initiative and referendum - see CHTR. Sec. 41 et seq.
    Nominations and elections - see CHTR. Sec. 200 et seq.
    Recall elections - see CHTR. Sec. 215 et seq.
    Municipal elections - See Ohio R.C. Ch. 3501

    Article III. Legislative