Ohio Elections Commission Advisory Opinion on Receipt of Certain Donations

The Ohio Elections Commission recently published Advisory Opinion 2016ELC-02, which determined that school districts may accept donations from a campaign committee, political action committee, legislative campaign fund, political party, and/or a political contributing entity. Ohio Revised Code §3517.08(G) provides that these groups may donate money to organizations the Ohio Elections Commission determines are “a legitimate charitable organization.”

In 2004, the Ohio Elections Commission determined in Advisory Opinion 2004ELC-02 that any governmental entity qualifies as a legitimate charitable organization under election finance laws and can therefore receive donations from a campaign committee, political action committee, legislative campaign fund, political party, and/or a political contributing entity. The recent opinion (2016ELC-02) clarified that school districts are a governmental entity because they are a political subdivision of the State of Ohio. This means school districts are a “legitimate charitable organization” and are eligible to accept contributions from these groups. If you have any further questions, please contact your Dinsmore & Shohl attorney.