HB 770: Allow a campaign committee to refund a political contribution
A campaign committee can now refund a political contribution to the donor for any reason. This change allows for greater flexibility and transparency in campaign finance. The bill also clarifies the definitions of key terms such as "candidate," "contribution," and "expenditure" to ensure consistency and accuracy in reporting. Additionally, the bill removes certain exclusions from the definition of "contribution," including services provided without compensation and ordinary home hospitality. These changes aim to promote a more open and accountable political process.<br>the bill defines various terms related to campaign finance and election law, including public office, campaign fund, and in-kind contributions. a campaign fund is established as an auxiliary of a political party and associated with one of the houses of the general assembly. in-kind contributions include anything of value…
| Mar. 25, 2026 | Referred to committee: General Government |
| Mar. 18, 2026 | Introduced |
As Introduced
136th General Assembly
Regular Session
H. B. No. 770
2025-2026
Representative Glassburn
Cosponsors: Representatives Baker, Brennan, Brent, Brownlee, Cockley, Jarrells, Lett, McNally, Miller, J., Piccolantonio, Rader, Russo, Sigrist, Sims, Somani, Synenberg, Thomas, D.
To amend sections 3517.01 and 3517.08 of the
Revised Code to allow a campaign committee to
refund a political contribution to the donor for
any reason.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3517.01 and 3517.08 of the
Revised Code be amended to read as follows:
Sec. 3517.01. (A) (1) A political party within the meaning
of Title XXXV of the Revised Code is any group of voters that
meets either of the following requirements:
Except as otherwise provided in this division, at the
most recent regular state election, the group polled for its
candidate for governor in the state or nominees for presidential
electors at least three per cent of the entire vote cast for
that office. A group that meets the requirements of this
division remains a political party for a period of four years
after meeting those requirements.
The group filed with the secretary of state,
subsequent to its failure to meet the requirements of division
(A) (1) (a) of this section, a party formation petition that meets
all of the following requirements:
The petition is signed by qualified electors equal in
number to at least one per cent of the total vote for governor
or nominees for presidential electors at the most recent
election for such office.
The petition is signed by not fewer than five hundred
qualified electors from each of at least a minimum of one-half
of the congressional districts in this state. If an odd number
of congressional districts exists in this state, the number of
districts that results from dividing the number of congressional
districts by two shall be rounded up to the next whole number.
The petition declares the petitioners' intention of organizing a political party, the name of which shall be stated
in the declaration, and of participating in the succeeding general election, held in even-numbered years, that occurs more
than one hundred twenty-five days after the date of filing.
The petition designates a committee of not less than three nor more than five individuals of the petitioners, who
shall represent the petitioners in all matters relating to the petition. Notice of all matters or proceedings pertaining to the petition may be served on the committee, or any of them, either
personally or by registered mail, or by leaving such notice at the usual place of residence of each of them.
No such group of electors shall assume a name or designation that is similar, in the opinion of the secretary
of state, to that of an existing political party as to confuse or
mislead the voters at an election.
A campaign committee shall be legally liable for any
debts, contracts, or expenditures incurred or executed in its
name.
Notwithstanding the definitions found in section
3501.01 of the Revised Code, as used in this section and
sections 3517.08 to 3517.991 of the Revised Code:
"Campaign committee" means a candidate or a
combination of two or more persons authorized by a candidate
under section 3517.081 of the Revised Code to receive
contributions and make expenditures.
"Campaign treasurer" means an individual appointed by
a candidate under section 3517.081 of the Revised Code.
"Candidate" has the same meaning as in division (H) of
section 3501.01 of the Revised Code and also includes any person
who, at any time before or after an election, receives
contributions or makes expenditures or other use of
contributions, has given consent for another to receive
contributions or make expenditures or other use of
contributions, or appoints a campaign treasurer, for the purpose
of bringing about the person's nomination or election to public
office. When two persons jointly seek the offices of governor
and lieutenant governor, "candidate" means the pair of
candidates jointly. "Candidate" does not include candidates for
election to the offices of member of a county or state central
committee, presidential elector, and delegate to a national
convention or conference of a political party.
"Continuing association" means an association, other
than a campaign committee, political party, legislative campaign
fund, political contributing entity, or labor organization, that
is intended to be a permanent organization that has a primary
purpose other than supporting or opposing specific candidates,
political parties, or ballot issues, and that functions on a
regular basis throughout the year. "Continuing association"
includes organizations that are determined to be not organized
for profit under subsection 501 and that are described in
subsection 501 (c) (3), 501 (c) (4), or 501 (c) (6) of the Internal
Revenue Code.
"Contribution" means a loan, gift, deposit,
forgiveness of indebtedness, donation, advance, payment, or
transfer of funds or anything of value, including a transfer of
funds from an inter vivos or testamentary trust or decedent's
estate, and the payment by any person other than the person to
whom the services are rendered for the personal services of
another person, which contribution is made, received, or used
for the purpose of influencing the results of an election. Any
loan, gift, deposit, forgiveness of indebtedness, donation,
advance, payment, or transfer of funds or of anything of value,
including a transfer of funds from an inter vivos or
testamentary trust or decedent's estate, and the payment by any
campaign committee, political action committee, legislative
campaign fund, political party, political contributing entity,
or person other than the person to whom the services are
rendered for the personal services of another person, that is
made, received, or used by a state or county political party,
other than the moneys an entity may receive under sections
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be
considered to be a "contribution" for the purpose of section
3517.10 of the Revised Code and shall be included on a statement
of contributions filed under that section.
"Contribution" does not include any of the following:
Services provided without compensation by individuals
volunteering a portion or all of their time on behalf of a
person;
Ordinary home hospitality;
The personal expenses of a volunteer paid for by that
volunteer campaign worker;
Any gift given to an entity pursuant to section
3517.101 of the Revised Code;
Any contribution as defined in section 3517.1011 of
the Revised Code that is made, received, or used to pay the
direct costs of producing or airing an electioneering
communication;
Any gift given to a state or county political party
for the party's restricted fund under division (A) (2) of section
3517.1012 of the Revised Code;
Any gift given to a state political party for deposit
in a Levin account pursuant to section 3517.1013 of the
Revised Code. As used in this division, "Levin account" has the same
meaning as in that section.
Any donation given to a transition fund under section
3517.1014 of the Revised Code.
"Expenditure" means the disbursement or use of a
contribution for the purpose of influencing the results of an
election or of making a charitable donation as permitted under
division (G) of section 3517.08 of the Revised Code, or of
refunding a contribution as permitted under division (H) of that
section. Any disbursement or use of a contribution by a state or
county political party is an expenditure and shall be considered
either to be made for the purpose of influencing the results of an election or to be made as a charitable donation under division (G) of section 3517.08 of the Revised Code and shall be
reported on a statement of expenditures filed under section
3517.10 of the Revised Code. During the thirty days preceding a primary or general election, any disbursement to pay the direct costs of producing or airing a broadcast, cable, or satellite communication that refers to a clearly identified candidate shall be considered to be made for the purpose of influencing the results of that election and shall be reported as an expenditure or as an independent expenditure under section 3517.10 or 3517.105 of the Revised Code, as applicable, except that the information required to be reported regarding contributors for those expenditures or independent expenditures shall be the same as the information required to be reported under divisions (D) (1) and (2) of section 3517.1011 of the Revised Code.
As used in this division, "broadcast, cable, or satellite communication" and "refers to a clearly identified candidate" have the same meanings as in section 3517.1011 of the Revised Code.
"Personal expenses" includes, but is not limited to, ordinary expenses for accommodations, clothing, food, personal motor vehicle or airplane, and home telephone.
"Political action committee" means a combination of two or more persons, the primary or major purpose of which is to support or oppose any candidate, political party, or issue, or to influence the result of any election through express advocacy, and that is not a political party, a campaign committee, a political contributing entity, or a legislative
campaign fund. "Political action committee" does not include
either of the following:
A continuing association that makes disbursements for
the direct costs of producing or airing electioneering
communications and that does not engage in express advocacy;
A political club that is formed primarily for social
purposes and that consists of one hundred members or less, has
officers and periodic meetings, has less than two thousand five
hundred dollars in its treasury at all times, and makes an
aggregate total contribution of one thousand dollars or less per
calendar year.
"Public office" means any state, county, municipal,
township, or district office, except an office of a political
party, that is filled by an election and the offices of United
States senator and representative.
"Anything of value" has the same meaning as in
section 1.03 of the Revised Code.
"Beneficiary of a campaign fund" means a candidate, a
public official or employee for whose benefit a campaign fund
exists, and any other person who has ever been a candidate or
public official or employee and for whose benefit a campaign
fund exists.
"Campaign fund" means money or other property,
including contributions.
"Public official or employee" has the same meaning as
in section 102.01 of the Revised Code.
"Caucus" means all of the members of the house of
representatives or all of the members of the senate of the
general assembly who are members of the same political party.
"Legislative campaign fund" means a fund that is
established as an auxiliary of a state political party and
associated with one of the houses of the general assembly.
"In-kind contribution" means anything of value other
than money that is used to influence the results of an election
or is transferred to or used in support of or in opposition to a
candidate, campaign committee, legislative campaign fund,
political party, political action committee, or political
contributing entity and that is made with the consent of, in
coordination, cooperation, or consultation with, or at the
request or suggestion of the benefited candidate, committee,
fund, party, or entity. The financing of the dissemination,
distribution, or republication, in whole or part, of any
broadcast or of any written, graphic, or other form of campaign
materials prepared by the candidate, the candidate's campaign
committee, or their authorized agents is an in-kind contribution
to the candidate and an expenditure by the candidate.
"Independent expenditure" means an expenditure by a
person advocating the election or defeat of an identified
candidate or candidates, that is not made with the consent of,
in coordination, cooperation, or consultation with, or at the
request or suggestion of any candidate or candidates or of the
campaign committee or agent of the candidate or candidates. As
used in division (C) (17) of this section:
"Person" means an individual, partnership,
unincorporated business organization or association, political
action committee, political contributing entity, separate
segregated fund, association, or other organization or group of
persons, but not a labor organization or a corporation unless
the labor organization or corporation is a political
contributing entity.
"Advocating" means any communication containing a
message advocating election or defeat.
"Identified candidate" means that the name of the
candidate appears, a photograph or drawing of the candidate
appears, or the identity of the candidate is otherwise apparent
by unambiguous reference.
"Made in coordination, cooperation, or consultation
with, or at the request or suggestion of, any candidate or the
campaign committee or agent of the candidate" means made
pursuant to any arrangement, coordination, or direction by the
candidate, the candidate's campaign committee, or the
candidate's agent prior to the publication, distribution,
display, or broadcast of the communication. An expenditure is
presumed to be so made when it is any of the following:
Based on information about the candidate's plans,
projects, or needs provided to the person making the expenditure
by the candidate, or by the candidate's campaign committee or
agent, with a view toward having an expenditure made;
Made by or through any person who is, or has been,
authorized to raise or expend funds, who is, or has been, an
officer of the candidate's campaign committee, or who is, or
has been, receiving any form of compensation or reimbursement from
the candidate or the candidate's campaign committee or agent;
Except as otherwise provided in division (D) of
section 3517.105 of the Revised Code, 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.
"Agent" means any person who has actual oral or written authority, either express or implied, to make or to authorize the making of expenditures on behalf of a candidate, or means any person who has been placed in a position with the candidate's campaign committee or organization such that it would reasonably appear that in the ordinary course of campaign-related activities the person may authorize expenditures.
"Labor organization" means a labor union; an employee organization; a federation of labor unions, groups, locals, or other employee organizations; an auxiliary of a labor union, employee organization, or federation of labor unions, groups, locals, or other employee organizations; or any other bona fide organization in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, hours, and other terms and conditions of employment.
"Separate segregated fund" means a separate segregated fund established pursuant to the Federal Election Campaign Act.
"Federal Election Campaign Act" means the "Federal Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et seq., as amended.
"Restricted fund" means the fund a state or county political party must establish under division (A) (1) of section 3517.1012 of the Revised Code.
"Electioneering communication" has the same meaning as in section 3517.1011 of the Revised Code.
"Express words" means words that, in context and
with limited reference to external events, such as the name of
a candidate or a political party, clearly identify the candidate
or the political party and unambiguously call for the
nomination, election, or defeat of the candidate or the
adoption or defeat of the question or issue, or that contain
express words advocating the nomination, election, or defeat of
a candidate or that contain express words advocating the
adoption or defeat of a question or issue, as determined by
a final judgment of a court of competent jurisdiction.
"Political committee" has the same meaning as in
section 3517.1011 of the Revised Code.
"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. For purposes of this division, "lawfully" means
not prohibited by any section of the Revised Code, or authorized
by a final judgment of a court of competent jurisdiction.
"Internet identifier of record" has the same meaning
as in section 9.312 of the Revised Code.
(A) The personal expenses of a candidate
paid for by the candidate, from the candidate's personal funds,
shall not be considered as a contribution by or an expenditure
by the candidate and shall not be reported under section 3517.10
of the Revised Code.
An expenditure by a political action committee or a
political contributing entity shall not be considered a
contribution by the political action committee or the political
contributing entity or an expenditure by or on behalf of the candidate if the purpose of the expenditure is to inform only
its members by means of mailed publications of its activities or
endorsements.
An expenditure by a political party shall not be
considered a contribution by the political party or an
expenditure by or on behalf of the candidate if the purpose of
the expenditure is to inform predominantly the party's members
by means of mailed publications or other direct communication of
its activities or endorsements, or for voter contact such as
sample ballots, absent voter's ballots application mailings,
voter registration, or get-out-the-vote activities.
An expenditure by a continuing association, political
contributing entity, or political party shall not be considered
a contribution to any campaign committee or an expenditure by or
on behalf of any campaign committee if the purpose of the
expenditure is for the staff and maintenance of the continuing
association's, political contributing entity's, or political
party's headquarters, or for a political poll, survey, index, or
other type of measurement not on behalf of a specific candidate.
The expenses of maintaining a constituent office paid
for, from the candidate's personal funds, by a candidate who is
a member of the general assembly at the time of the election
shall not be considered a contribution by or an expenditure by
or on behalf of the candidate, and shall not be reported, if the
constituent office is not used for any candidate's campaign
activities.
The net contribution of each social or fund-raising
activity shall be calculated by totaling all contributions to
the activity minus the expenditures made for the activity.
An expenditure that purchases goods or services shall
be attributed to an election when the disbursement of funds is
made, rather than at the time the goods or services are used.
The secretary of state, under the procedures of Chapter 119. of
the Revised Code, shall establish rules for the attribution of
expenditures to a candidate when the candidate is a candidate
for more than one office during a reporting period and for
expenditures made in a year in which no election is held. The
secretary of state shall further define by rule those
expenditures that are or are not by or on behalf of a candidate.
An expenditure for the purpose of a charitable
donation may be made if it is made to an organization that is
exempt from federal income taxation under subsection 501 (a) and
described in subsection 501 (c) (3), 501 (c) (4), 501 (c) (8), 501 (c)
(10), or 501 (c) (19) of the Internal Revenue Code or is approved
by advisory opinion of the Ohio election integrity commission as
a legitimate charitable organization. Each expenditure under
this division shall be separately itemized on statements made
pursuant to section 3517.10 of the Revised Code.
A campaign committee may make an expenditure for
the purpose of partially or fully refunding a contribution to
the person from whom the campaign committee received the
contribution. The campaign committee shall report both the
contribution and the expenditure in accordance with section
3517.10 of the Revised Code.
A political party, legislative campaign fund,
political action committee, or political contributing entity may
make an expenditure for the purpose of partially or fully
refunding a contribution only as specifically permitted or
required by this chapter.
Section 2. That existing sections 3517.01 and 3517.08 of
the Revised Code are hereby repealed.