I. Executive Summary:
Ohio House Bill 60 proposes to amend Section 3517.13 of the Revised Code to explicitly allow candidates in Ohio to utilize campaign funds to cover certain child care costs. This amendment aims to recognize child care as a legitimate campaign expense under specific conditions. The bill does not alter the existing extensive regulations within Section 3517.13 concerning campaign finance, reporting requirements, contribution limits, and prohibitions.
II. Main Theme: Allowing Campaign Funds for Child Care
The central theme of HB 60 is to modify the permissible uses of campaign funds by adding a specific provision related to child care expenses. The current version of Section 3517.13 outlines numerous restrictions on how campaign funds can be spent, particularly concerning personal use. This amendment introduces an exception to those restrictions.
III. Key Provisions and Important Ideas:
- Amendment to Section 3517.13(R): The bill proposes to add a new subsection (4) to division (R) of Section 3517.13. This new subsection explicitly addresses child care costs:
- “(4) For purposes of divisions (O), (P), and (Q) of this section, the cost of child care provided by a person licensed to provide child care under Chapter 5104. of the Revised Code is considered an ordinary and necessary expense incurred by a beneficiary while engaging in the activities and duties described in those divisions, so long as the cost is incurred only as a direct result of the beneficiary engaging in those activities and duties and would not otherwise be incurred.”
- Conditions for Allowable Child Care Expenses: The amendment specifies several crucial conditions for child care costs to be considered legitimate campaign expenses:
- The child care must be provided by a licensed provider under Chapter 5104 of the Revised Code.
- The expense must be an ordinary and necessary expense incurred by the candidate (referred to as the “beneficiary” in this section).
- The cost must be a direct result of the candidate engaging in campaign activities and duties or activities and duties as a holder of public office (as outlined in divisions (O), (P), and (Q) of Section 3517.13).
- The cost would not otherwise be incurred if the candidate were not engaged in these activities. This implies the need for child care arises specifically due to campaign or official duties.
- Reference to Existing Divisions (O), (P), and (Q): The amendment explicitly ties the allowability of child care expenses to the existing regulations in divisions (O), (P), and (Q) of Section 3517.13. These divisions already outline permissible reimbursements from campaign funds, including:
- Legitimate and verifiable prior campaign expenses.
- Legitimate and verifiable ordinary and necessary prior expenses related to holding public office.
- Legitimate and verifiable ordinary and necessary prior expenses incurred while supporting other candidates, political parties, or ballot issues, raising funds, participating in political party activities, or attending political meetings. The amendment essentially adds child care, under the specified conditions, to the list of “ordinary and necessary expenses” within these existing frameworks.
- No Other Changes: It is crucial to note that HB 60, in its current form, only addresses the use of campaign funds for child care costs. It does not modify any other aspect of Section 3517.13, which continues to regulate a wide range of campaign finance activities, including:
- Reporting requirements for campaign committees.
- Limitations on cash contributions.
- Prohibitions against concealing contributions or making contributions in the name of another person.
- Regulations on political advertising rates.
- Restrictions on awarding state or political subdivision contracts to individuals or entities that have made significant campaign contributions.
- Prohibitions against the personal use of campaign funds.
- Regulations regarding transfers of funds from federal campaign committees to state campaign committees.
- Restrictions on disbursements and acceptance of contributions by political parties.
- Prohibitions against foreign national contributions.
- Regulations regarding restricted funds of political parties.
- Restrictions on business dealings between the Bureau of Workers’ Compensation and campaign contributors to the Governor or Lieutenant Governor.
- Repeal of Existing Section 3517.13: Section 2 of the bill states, “That existing section 3517.13 of the Revised Code is hereby repealed.” This indicates that if HB 60 is enacted, the entire existing Section 3517.13 will be replaced with the amended version containing the child care provision.
IV. Potential Implications:
- Reduced Barrier for Candidates with Child Care Responsibilities: This amendment could potentially lower a financial barrier for individuals with child care responsibilities who wish to run for office. By allowing the use of campaign funds for this purpose under specific conditions, it may encourage a more diverse pool of candidates.
- Clarity in Campaign Finance Law: The explicit inclusion of child care as a permissible campaign expense could provide greater clarity and reduce ambiguity in the interpretation of “ordinary and necessary expenses” related to campaign activities.
- Compliance with Existing Regulations: The amendment’s linkage to divisions (O), (P), and (Q) ensures that any use of campaign funds for child care will still be subject to the existing requirements for legitimacy, verifiability, and connection to campaign or official duties.
- Potential for Interpretation: While the amendment provides clarity, the interpretation of “direct result” and “would not otherwise be incurred” might still be subject to interpretation and potential scrutiny by regulatory bodies.
V. Noteworthy Cosponsors:
The bill is introduced by Representatives Humphrey and Williams and has a significant number of cosponsors from both parties, suggesting potential bipartisan support for the measure.
VI. Conclusion:
House Bill 60 represents a targeted amendment to Ohio’s campaign finance law, specifically aiming to allow candidates to use campaign funds for licensed child care expenses incurred as a direct result of their campaign or official duties. The bill incorporates this provision within the existing framework of Section 3517.13, which otherwise remains unchanged in terms of its extensive regulations on campaign finance activities. The potential impact includes reducing financial barriers for candidates with child care responsibilities and providing greater clarity in the permissible uses of campaign funds.