As Reported by the Senate State and Local Government         1            

                 and Veterans Affairs Committee                    2            

122nd General Assembly                                             5            

   Regular Session                             Sub. S. B. No. 134  6            

      1997-1998                                                    7            


     SENATORS KEARNS-CUPP-LATTA-SCHAFRATH-GARDNER-SHOEMAKER        9            


                                                                   11           

                           A   B I L L                                          

             To amend section 3513.04 of the Revised Code to       13           

                permit a loser in a primary election to be a       14           

                candidate at the following general election for    15           

                certain types of nonpartisan offices.                           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        17           

      Section 1.  That section 3513.04 of the Revised Code be      20           

amended to read as follows:                                                     

      Sec. 3513.04.  Candidates for party nominations to state,    29           

district, county, and municipal offices or positions, for which    30           

party nominations are provided by law, and for election as         31           

members of party controlling committees shall have their names     32           

printed on the official primary ballot by filing a declaration of  33           

candidacy and paying the fees specified for the office under       35           

divisions (A) and (B) of section 3513.10 of the Revised Code,      36           

except that the joint candidates for party nomination to the       37           

offices of governor and lieutenant governor shall, for the two of  38           

them, file one declaration of candidacy.  The joint candidates     40           

also shall pay the fees specified for the joint candidates under                

divisions (A) and (B) of section 3513.10 of the Revised Code.      41           

      The secretary of state shall not accept for filing the       43           

declaration of candidacy of a candidate for party nomination to    44           

the office of governor unless the declaration of candidacy also    45           

shows a joint candidate for the same party's nomination to the     46           

office of lieutenant governor, shall not accept for filing the     47           

declaration of candidacy of a candidate for party nomination to    48           

                                                          2      

                                                                 
the office of lieutenant governor unless the declaration of        49           

candidacy also shows a joint candidate for the same party's        50           

nomination to the office of governor, and shall not accept for     51           

filing a declaration of candidacy that shows a candidate for       52           

party nomination to the office of governor or lieutenant governor  53           

who has already been shown as a candidate for party nomination to  54           

the office of governor or lieutenant governor on a declaration of  55           

candidacy previously filed and accepted for the same primary       56           

election.                                                          57           

      No person who seeks party nomination for an office or        59           

position at a primary election by declaration of candidacy or by   60           

declaration of intent to be a write-in candidate and no person     62           

who is a first choice for president of candidates seeking                       

election as delegates and alternates to the national conventions   63           

of the different major political parties who are chosen by direct  64           

vote of the electors as provided in this chapter shall be          65           

permitted to become a candidate BY NOMINATING PETITION OR BY       66           

DECLARATION OF INTENT TO BE A WRITE-IN CANDIDATE at the following  67           

general election for any office by nominating petition or by       68           

declaration of intent to be a write-in candidate OTHER THAN THE    70           

OFFICE OF MEMBER OF THE STATE BOARD OF EDUCATION, OFFICE OF        71           

MEMBER OF A CITY, LOCAL, OR EXEMPTED VILLAGE BOARD OF EDUCATION,   72           

OFFICE OF MEMBER OF A GOVERNING BOARD OF AN EDUCATIONAL SERVICE    73           

CENTER, OR OFFICE OF TOWNSHIP TRUSTEE.                                          

      Section 2.  That existing section 3513.04 of the Revised     75           

Code is hereby repealed.                                           76