Notice of Intent to Make Electioneering Communication Disbursements
Form 31-EC

This form is to be used by any individual or entity that intends to make disbursements for the direct cost of producing or airing an electioneering communication. Any person that intends to make a disbursement for the purpose of electioneering communications must file this notice with the secretary of state's office prior to making the first disbursement.

An electioneering communication is any broadcast, cable or satellite communication that refers to a clearly identified candidate and that is made up to 30 days prior to an election at which that candidate will appear on the ballot. The term, “refers to a clearly identified candidate” means the use of the name, nickname or image of the candidate. It also includes an unambiguous reference to the person's identity, such as the “the governor” or to the person's status as a candidate.

Printed communications, communications broadcast as news, or candidate debates and forums are not considered electioneering communications. Political communications that are otherwise reportable as an expenditure or independent expenditure are also not considered electioneering communications.

This form may be signed by any authorized person.

Future Filing Requirements

After an individual or entity has filed this form, each time a disbursement or disbursements for the direct cost of producing and airing electioneering communications aggregating in excess of $10,000 during any calendar year are made, the individual or entity shall file, within 24 hours of each disbursement date, a statement containing contribution and disbursement information as well as the name(s) of the candidate(s) (if known) that the electioneering communication identified. Only contributions aggregating $200 or more must be reported. In addition, the statement must include the names and addresses of the persons exercising or sharing direction or control over the activities of the person making the disbursement and the custodian of the books and accounts. This statement must be filed by electronic means with the secretary of state's office.

Upon receipt of this Notice of Intent, the secretary of state's office will forward additional information regarding requirements for reporting electioneering communication activity and information on how to file the statements electronically to the address listed.

More information about Electioneering Communication and connected filing requirements is found in R.C. 3517.1011.