Violation—Penalty and Process
Columbus City Codes § 107.05
in effect107.05 - Violation—Penalty and Process
(A) 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, or a municipal ballot committee receives a contribution from a person unable or unwilling to identify a donor pursuant to sections 107.02(E)(5) and 107.03(D), the committee shall dispose of the donor's 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 (B) and (C) shall not apply.
(4) If a municipal ballot committee disposes of a contribution from an entity for whom it is unable or unwilling to identify a donor pursuant to sections 107.02(E)(5) and 107.03(D) within fifteen (15) days of the initial receipt of the contribution, the failure to disclose any required donor information pursuant to section 107.02(E)(5) and 107.03(D) shall not be deemed a violation of this code and the provisions of division (B) and (C) shall not apply.
(B) Prohibitions and Criminal Sanctions.
(1) Prohibitions.
(a) No person shall knowingly 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 (B)(1)(a) is a misdemeanor of the fourth 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 (B)(1)(b) is a misdemeanor of the first degree.
(c) No person shall knowingly solicit or accept a campaign contribution that the person knows is from a prohibited source pursuant to this chapter. A violation of this division (B)(1)(c) is a misdemeanor of the first degree.
(d) No issuer of an election period communication shall knowingly fail to comply with division (B)(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.
(C) Administrative Fines.
(1) Upon a finding of a violation, the city clerk may impose administrative fines in accordance with the amounts set forth under division (C)(2), (3), or (4) of this section.
(2) 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) shall be fined five hundred ($500) dollars or an amount equal to three times the amount contributed in excess of the amount permitted, whichever is greater.
(3) A fine of one hundred ($100) dollars per day shall be assessed for each day that a report required by chapter 107.02 or chapter 107.03 is not timely filed.
(4) A fine of up to five hundred ($500) dollars may be assessed for any other violation of this chapter.
(5) The city clerk shall establish procedures for reports to be amended and civil fines to be waived or reduced accordingly.
(D) Finding of violation.
(1) Administrative Violation.
(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 within 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 and/or fine and shall be final. If the finding and/or fine is sustained, the city clerk shall forthwith assess and collect the fine associated with the violation.
(2) Criminal Violation.
(a) 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.
Article III. Legislative
(Ord. No. 3386-2018, § 2, 1-14-2019; Ord. No. 1763-2019, § 1, 7-1-2019)
Source: City of Columbus, City Codes and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/oh/columbus/codes/code_of_ordinances?nodeId=TIT1ADCO_CH107EL_107.05VIENPRFetched: 10/27/2026