As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 134 5
1997-1998 6
SENATORS KEARNS-CUPP-LATTA-SCHAFRATH 8
10
A B I L L
To amend section 3513.04 and to enact section 12
3513.258 of the Revised Code to permit a loser in 13
a primary election to be a candidate at the
following general election for certain types of 14
nonpartisan offices and to prohibit a person from 16
running as an independent candidate for an office
for which candidates may be nominated at a 17
primary election if that person voted as a member 18
of a political party at any primary election 20
within the current calendar year or the
immediately preceding two calendar years. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That section 3513.04 be amended and section 25
3513.258 of the Revised Code be enacted to read as follows: 26
Sec. 3513.04. Candidates for party nominations to state, 35
district, county, and municipal offices or positions, for which 36
party nominations are provided by law, and for election as 37
members of party controlling committees shall have their names 38
printed on the official primary ballot by filing a declaration of 39
candidacy and paying the fees specified for the office under 41
divisions (A) and (B) of section 3513.10 of the Revised Code, 42
except that the joint candidates for party nomination to the 43
offices of governor and lieutenant governor shall, for the two of 44
them, file one declaration of candidacy. The joint candidates 46
also shall pay the fees specified for the joint candidates under
divisions (A) and (B) of section 3513.10 of the Revised Code. 47
2
The secretary of state shall not accept for filing the 49
declaration of candidacy of a candidate for party nomination to 50
the office of governor unless the declaration of candidacy also 51
shows a joint candidate for the same party's nomination to the 52
office of lieutenant governor, shall not accept for filing the 53
declaration of candidacy of a candidate for party nomination to 54
the office of lieutenant governor unless the declaration of 55
candidacy also shows a joint candidate for the same party's 56
nomination to the office of governor, and shall not accept for 57
filing a declaration of candidacy that shows a candidate for 58
party nomination to the office of governor or lieutenant governor 59
who has already been shown as a candidate for party nomination to 60
the office of governor or lieutenant governor on a declaration of 61
candidacy previously filed and accepted for the same primary 62
election. 63
No person who seeks party nomination for an office or 65
position at a primary election by declaration of candidacy or by 66
declaration of intent to be a write-in candidate and no person 68
who is a first choice for president of candidates seeking
election as delegates and alternates to the national conventions 69
of the different major political parties who are chosen by direct 70
vote of the electors as provided in this chapter shall be 71
permitted to become a candidate BY NOMINATING PETITION OR BY 72
DECLARATION OF INTENT TO BE A WRITE-IN CANDIDATE at the following 73
general election for any office by nominating petition or by 74
declaration of intent to be a write-in candidate FOR WHICH 75
CANDIDATES ARE NOMINATED IN A PRIMARY OR NONPARTISAN PRIMARY 76
ELECTION.
Sec. 3513.258. NO PERSON SHALL BE AN INDEPENDENT CANDIDATE 78
FOR AN OFFICE FOR WHICH CANDIDATES MAY BE NOMINATED AT A PRIMARY 80
ELECTION IF THAT PERSON VOTED AS A MEMBER OF A POLITICAL PARTY AT 81
ANY PRIMARY ELECTION WITHIN THE CURRENT CALENDAR YEAR OR THE
IMMEDIATELY PRECEDING TWO CALENDAR YEARS. 82
Section 2. That existing section 3513.04 of the Revised 84
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Code is hereby repealed. 85