As Passed by the Senate                       1            

122nd General Assembly                                             4            

   Regular Session                             Sub. S. B. No. 134  5            

      1997-1998                                                    6            


     SENATORS KEARNS-CUPP-LATTA-SCHAFRATH-GARDNER-SHOEMAKER        8            


                                                                   10           

                           A   B I L L                                          

             To amend section 3513.04 of the Revised Code to       12           

                permit a loser in a primary election to be a       13           

                candidate at the following general election for    14           

                certain types of nonpartisan offices.                           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        16           

      Section 1.  That section 3513.04 of the Revised Code be      19           

amended to read as follows:                                                     

      Sec. 3513.04.  Candidates for party nominations to state,    28           

district, county, and municipal offices or positions, for which    29           

party nominations are provided by law, and for election as         30           

members of party controlling committees shall have their names     31           

printed on the official primary ballot by filing a declaration of  32           

candidacy and paying the fees specified for the office under       34           

divisions (A) and (B) of section 3513.10 of the Revised Code,      35           

except that the joint candidates for party nomination to the       36           

offices of governor and lieutenant governor shall, for the two of  37           

them, file one declaration of candidacy.  The joint candidates     39           

also shall pay the fees specified for the joint candidates under                

divisions (A) and (B) of section 3513.10 of the Revised Code.      40           

      The secretary of state shall not accept for filing the       42           

declaration of candidacy of a candidate for party nomination to    43           

the office of governor unless the declaration of candidacy also    44           

shows a joint candidate for the same party's nomination to the     45           

office of lieutenant governor, shall not accept for filing the     46           

declaration of candidacy of a candidate for party nomination to    47           

the office of lieutenant governor unless the declaration of        48           

                                                          2      

                                                                 
candidacy also shows a joint candidate for the same party's        49           

nomination to the office of governor, and shall not accept for     50           

filing a declaration of candidacy that shows a candidate for       51           

party nomination to the office of governor or lieutenant governor  52           

who has already been shown as a candidate for party nomination to  53           

the office of governor or lieutenant governor on a declaration of  54           

candidacy previously filed and accepted for the same primary       55           

election.                                                          56           

      No person who seeks party nomination for an office or        58           

position at a primary election by declaration of candidacy or by   59           

declaration of intent to be a write-in candidate and no person     61           

who is a first choice for president of candidates seeking                       

election as delegates and alternates to the national conventions   62           

of the different major political parties who are chosen by direct  63           

vote of the electors as provided in this chapter shall be          64           

permitted to become a candidate BY NOMINATING PETITION OR BY       65           

DECLARATION OF INTENT TO BE A WRITE-IN CANDIDATE at the following  66           

general election for any office by nominating petition or by       67           

declaration of intent to be a write-in candidate OTHER THAN THE    69           

OFFICE OF MEMBER OF THE STATE BOARD OF EDUCATION, OFFICE OF        70           

MEMBER OF A CITY, LOCAL, OR EXEMPTED VILLAGE BOARD OF EDUCATION,   71           

OFFICE OF MEMBER OF A GOVERNING BOARD OF AN EDUCATIONAL SERVICE    72           

CENTER, OR OFFICE OF TOWNSHIP TRUSTEE.                                          

      Section 2.  That existing section 3513.04 of the Revised     74           

Code is hereby repealed.                                           75