As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 157 5
1999-2000 6
REPRESENTATIVES CATES-BENDER-BUCHY-CALLENDER-CORBIN-COUGHLIN- 8
EVANS-GOODMAN-HARRIS-HOOD-JACOBSON-JOLIVETTE-KREBS- 9
JONES-LOGAN-MAIER-D.MILLER-MOTTLEY-MYERS-NETZLEY- 10
OLMAN-OPFER-PRINGLE-ROMAN-SCHUCK-SULLIVAN-DePIERO 11
12
A B I L L
To amend sections 511.27, 1545.21, 1901.07, 3501.01, 14
3501.02, 3501.17, 3503.16, 3505.01, 3505.32, 15
3509.01, 3509.03, 3509.05, 3511.02, 3511.04, 16
3511.11, 3513.01, 3513.05, 3513.12, 3513.121, 17
3513.151, 3513.262, 3513.30, 5705.191, and 18
5705.23 of the Revised Code to change the date of 20
the primary election held in presidential 21
election years from the third Tuesday in March to 23
the first Tuesday after the first Monday in May. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 511.27, 1545.21, 1901.07, 29
3501.01, 3501.02, 3501.17, 3503.16, 3505.01, 3505.32, 3509.01, 30
3509.03, 3509.05, 3511.02, 3511.04, 3511.11, 3513.01, 3513.05, 31
3513.12, 3513.121, 3513.151, 3513.262, 3513.30, 5705.191, and 32
5705.23 of the Revised Code be amended to read as follows: 33
Sec. 511.27. (A) To defray the expenses of the township 42
park district and for the purchasing, appropriating, operating, 43
maintaining, and improving lands for parks or recreational 44
purposes, the township board of park commissioners may levy a 45
sufficient tax within the ten-mill limitation, not to exceed one 46
mill on each dollar of valuation on all real and personal 47
property within the township, and on all real and personal 48
property within any municipal corporation which is within the 49
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township, or which was within the township at the time that the 50
park district was established, or the boundaries of which are 51
coterminous with or include the township. Such levy shall be 52
over and above all other taxes and limitations on such property 53
authorized by law. 54
(B) Except as otherwise provided in division (C) of this 56
section, the township board of park commissioners may, not less 57
than seventy-five days before the day of the election, declare by 59
resolution that the amount of taxes which may be raised within 60
the ten-mill limitation will be insufficient to provide an 61
adequate amount for the necessary requirements of the district 62
and that it is necessary to levy a tax in excess of such 63
limitation for the use of the district. The resolution shall 64
specify the purpose for which the taxes shall be used, the annual 65
rate proposed, and the number of consecutive years the levy will 66
be in effect. Upon the adoption of the resolution, the question 67
of levying the taxes shall be submitted to the electors of the 68
township and the electors of any municipal corporation which is 69
within the township, or which was within the township at the time 70
that the park district was established, or the boundaries of 71
which are coterminous with or include the township, at a special 72
election to be held on whichever of the following occurs first:
(1) The day of the next ensuing general election; 74
(2) The first Tuesday after the first Monday in May of any 77
calendar year, except that if a presidential primary election is 78
held in that calendar year, then the day of that election. The 79
THE rate submitted to the electors at any one time shall 81
not exceed two mills annually upon each dollar of valuation. If 82
a majority of the electors voting upon the question of the levy 83
vote in favor thereof OF IT, the tax shall be levied on all real 84
and personal property within the township and on all real and 86
personal property within any municipal corporation which is 87
within the township, or which was within the township at the time 88
that the park district was established, or the boundaries of 89
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which are coterminous with or include the township, and such levy 90
shall be over and above all other taxes and limitations on such 91
property authorized by law. 92
(C) In any township park district that contains only 94
unincorporated territory and where the township board of park 95
commissioners is appointed by the board of township trustees, 96
before a tax can be levied and certified to the county auditor 97
pursuant to section 5705.34 of the Revised Code or before a 98
resolution for a tax levy can be certified to the board of 99
elections pursuant to section 511.28 of the Revised Code, the 100
township board of park commissioners shall receive approval for 101
its levy request from the board of township trustees. The 102
township board of park commissioners shall adopt a resolution 103
requesting the board of township trustees to approve the levy 104
request, stating the annual rate of the proposed levy and the 105
reason for the levy request. On receiving this request, the 106
board of township trustees shall vote on whether to approve the 107
request, and if a majority votes to approve it, shall issue a 108
resolution approving such a levy at the requested rate. 109
Sec. 1545.21. The board of park commissioners, by 118
resolution, may submit to the electors of the park district the 119
question of levying taxes for the use of the district. Such 120
resolution shall declare the necessity of levying such taxes, AND 121
shall specify the purpose for which such taxes shall be used, the 122
annual rate proposed, and the number of consecutive years such 123
rate shall be levied. Such resolution shall be forthwith 124
certified to the board of elections in each county in which any 125
part of such district is located, not later than the 126
seventy-fifth day before the day of the election, and the 127
question of the levy of taxes as provided in such resolution 128
shall be submitted to the electors of the district at a special 129
election to be held on whichever of the following occurs first: 130
(A) The day of the next general election; 133
(B) The first Tuesday after the first Monday in May in any 136
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calendar year, except that if a presidential primary election is 137
held in that calendar year, then the day of that election. The 138
THE ballot shall set forth the purpose for which the taxes 142
shall be levied, the annual rate of levy, and the number of years 143
of such levy. If the resolution of the board of park
commissioners provides that an existing levy will be canceled 144
upon the passage of the new levy, the ballot may include a 145
statement that: "an existing levy of ... mills (stating the 146
original levy millage), having ... years remaining, will be 148
canceled and replaced upon the passage of this levy." In such
case, the ballot may refer to the new levy as a "replacement 149
levy" if the new millage does not exceed the original millage of 150
the levy being canceled or as a "replacement and additional levy" 151
if the new millage exceeds the original millage of the levy being 152
canceled. If a majority of the electors voting upon the question 154
of such levy vote in favor thereof OF IT, such taxes shall be 156
levied and shall be in addition to the taxes authorized by 157
section 1545.20 of the Revised Code, and all other taxes 158
authorized by law. The rate submitted to the electors at any one 159
time shall not exceed two mills annually upon each dollar of 160
valuation. When a tax levy has been authorized as provided in
this section or in section 1545.041 of the Revised Code, the 161
board of park commissioners may issue bonds pursuant to section 162
133.24 of the Revised Code in anticipation of the collection of 163
such levy, provided that such bonds shall be issued only for the 164
purpose of acquiring and improving lands. Such levy, when 165
collected, shall be applied in payment of the bonds so issued and 166
the interest thereon. The amount of bonds so issued and 167
outstanding at any time shall not exceed one per cent of the 168
total tax valuation in such district. Such bonds shall bear 169
interest at a rate not to exceed the rate determined as provided 170
in section 9.95 of the Revised Code. 171
Sec. 1901.07. (A) All municipal court judges shall be 180
elected on the nonpartisan ballot for terms of six years. In a 181
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municipal court in which only one judge is to be elected in any 182
one year, his THAT JUDGE'S term commences on the first day of 183
January after the election. In a municipal court in which two or 185
more judges are to be elected in any one year, their terms 186
commence on successive days beginning the first day of January, 187
following the election, unless otherwise provided by section 188
1901.08 of the Revised Code. 189
(B) All candidates for municipal judge may be nominated 191
either by nominating petition or by primary election, except that 192
if the jurisdiction of a municipal court extends only to the 193
corporate limits of the municipal corporation in which the court 194
is located and that municipal corporation operates under a 195
charter, all candidates shall be nominated in the same manner 196
provided in the charter for the office of municipal judge, or if 197
no specific provisions are made in the charter for the office of 198
municipal judge, in the same manner as the charter prescribes for 199
the nomination and election of the legislative authority of the 200
municipal corporation. 201
If a municipal corporation that has a municipal court has a 203
charter that specifies a primary date other than the date 204
specified in division (E) of section 3501.01 of the Revised Code 205
FIRST TUESDAY AFTER THE FIRST MONDAY IN MAY, and if the 207
jurisdiction of the court extends beyond the corporate limits of 208
the municipal corporation, all candidates for the office of 209
municipal judge of that court shall be nominated only by 210
petition.
If no charter provisions apply, all candidates for party 212
nomination to the office of municipal judge shall file a 213
declaration of candidacy and petition not later than four p.m. of 215
the seventy-fifth day before the day of the primary election, or 216
if the primary election is a presidential primary election, not 217
later than four p.m. of the sixtieth day before the day of the 218
presidential primary election FIRST TUESDAY AFTER THE FIRST 219
MONDAY IN MAY, in the form prescribed by section 3513.07 of the 220
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Revised Code. The petition shall conform to the requirements 221
provided for such petitions of candidacy contained in section 222
3513.05 of the Revised Code. If no valid declaration of 223
candidacy is filed for nomination as a candidate of a political 224
party for election to the office of municipal judge, or if the 225
number of persons filing the declarations of candidacy for 226
nominations as candidates of one political party for election to 227
the office does not exceed the number of candidates that that 228
party is entitled to nominate as its candidates for election to 229
the office, no primary election shall be held for the purpose of 230
nominating candidates of that party for election to the office, 231
and the candidates shall be issued certificates of nomination in 232
the manner set forth in section 3513.02 of the Revised Code. 233
If no charter provisions apply, nonpartisan candidates 235
filing nominating petitions for the office of municipal judge 236
shall file them not later than four p.m. of the day before the 237
day of the primary election FIRST TUESDAY AFTER THE FIRST MONDAY 239
IN MAY, in the form prescribed by section 3513.261 of the Revised 240
Code. The petition shall conform to the requirements provided 241
for such petitions of candidacy contained in section 3513.257 of 242
the Revised Code.
The nominating petition or declaration of candidacy for a 244
municipal judge shall contain a designation of the term for which 245
the candidate seeks election. At the following regular municipal 246
election, the candidacies of the judges nominated shall be 247
submitted to the electors of the territory on a nonpartisan, 248
judicial ballot in the same manner as provided for judges of the 249
court of common pleas, except that, in a municipal corporation 250
operating under a charter, all candidates for municipal judge 251
shall be elected in conformity with the charter if provisions are 252
made in the charter for the election of municipal judges. 253
(C) Notwithstanding divisions (A) and (B) of this section, 255
in the following municipal courts, the judges shall be nominated 256
and elected as follows: 257
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(1) In the Cleveland municipal court, the judges shall be 259
nominated only by petition. The petition shall be signed by at 260
least one thousand electors of the territory of the court. It 261
shall be in the statutory form and shall be filed in the manner 262
and within the time prescribed by the charter of the city of 263
Cleveland for filing petitions of candidates for municipal 264
offices. Each elector shall have the right to sign petitions for 265
as many candidates as are to be elected, but no more. The judges 266
shall be elected by the electors of the territory of the court in 267
the manner provided by law for the election of judges of the 268
court of common pleas. 269
(2) In the Toledo municipal court, the judges shall be 271
nominated only by petition. The petition shall be signed by at 272
least one thousand electors of the territory of the court. It 273
shall be in the statutory form and shall be filed in the manner 274
and within the time prescribed by the charter of the city of 275
Toledo for filing nominating petitions for city council. Each 276
elector shall have the right to sign petitions for as many 277
candidates as are to be elected, but no more. The judges shall 278
be elected by the electors of the territory of the court in the 279
manner provided by law for the election of judges of the court of 280
common pleas. 281
(3) In the Akron municipal court, the judges shall be 283
nominated only by petition. The petition shall be signed by at 284
least two hundred fifty electors of the territory of the court. 285
It shall be in statutory form and shall be filed in the manner 286
and within the time prescribed by the charter of the city of 287
Akron for filing nominating petitions of candidates for municipal 288
offices. Each elector shall have the right to sign petitions for 289
as many candidates as are to be elected, but no more. The judges 290
shall be elected by the electors of the territory of the court in 291
the manner provided by law for the election of judges of the 292
court of common pleas. 293
(4) In the Hamilton county municipal court, the judges 295
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shall be nominated only by petition. The petition shall be 296
signed by at least one thousand electors of the territory of the 297
court, which petitions shall be signed, verified, and filed in 298
the manner and within the time required by law for nominating 299
petitions for members of council of the city of Cincinnati. The 300
judges shall be elected by the electors of the territory of the 301
court at the regular municipal election and in the manner 302
provided by law for the election of judges of the court of common 303
pleas. 304
(5) In the Franklin county municipal court, the judges 306
shall be nominated only by petition. The petition shall be 307
signed by at least one thousand electors of the territory of the 308
court. The petition shall be in the statutory form and shall be 309
filed in the manner and within the time prescribed by the charter 310
of the city of Columbus for filing petitions of candidates for 311
municipal offices. The judges shall be elected by the electors 312
of the territory of the court in the manner provided by law for 313
the election of judges of the court of common pleas. 314
(6) In the Auglaize, Clermont, Crawford, Hocking, Jackson, 316
Lawrence, Madison, Miami, Portage, and Wayne county municipal 317
courts, the judges shall be nominated only by petition. The 318
petitions shall be signed by at least two hundred fifty electors 319
of the territory of the court and shall conform to the provisions 320
of this section. 321
(D) As used in this section, as to an election for either 323
a full or an unexpired term, "the territory within the 324
jurisdiction of the court" means such territory as it will be on 325
the first day of January after the election. 326
Sec. 3501.01. As used in the sections of the Revised Code 335
relating to elections and political communications: 336
(A) "General election" means the election held on the 338
first Tuesday after the first Monday in each November. 339
(B) "Regular municipal election" means the election held 341
on the first Tuesday after the first Monday in November in each 342
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odd-numbered year. 343
(C) "Regular state election" means the election held on 345
the first Tuesday after the first Monday in November in each 346
even-numbered year. 347
(D) "Special election" means any election other than those 349
elections defined in other divisions of this section. A special 350
election may be held only on the first Tuesday after the first 351
Monday in February, May, August, or November, or on the day 352
authorized by a particular municipal or county charter for the 353
holding of a primary election, except that in any year in which a 354
presidential primary election is held, no special election shall 355
be held in February or May, except as authorized by a municipal 356
or county charter, but may be held on the third Tuesday in March. 357
(E)(1) "Primary" or "primary election" means an election 359
held for the purpose of nominating persons as candidates of 360
political parties for election to offices, and for the purpose of 361
electing persons as members of the controlling committees of 362
political parties and as delegates and alternates to the 363
conventions of political parties. Primary elections shall be 364
held on the first Tuesday after the first Monday in May of each 365
year except in years in which a presidential primary election is 366
held. 367
(2) "Presidential primary election" means a primary 369
election as that term is defined by division (E)(1) of this 370
section at which an election is held for the purpose of choosing 371
delegates and alternates to the national conventions of the major 372
political parties pursuant to section 3513.12 of the Revised 373
Code. Unless otherwise specified, presidential primary elections 374
are included in references to primary elections. In years in 375
which a presidential primary election is held, all primary 376
elections shall be held on the third Tuesday in March except as 377
otherwise authorized by a municipal or county charter. 378
(F) "Political party" means any group of voters meeting 380
the requirements set forth in section 3517.01 of the Revised Code 381
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for the formation and existence of a political party. 382
(1) "Major political party" means any political party 384
organized under the laws of this state whose candidate for 385
governor or nominees for presidential electors received no less 386
than twenty per cent of the total vote cast for such office at 387
the most recent regular state election. 388
(2) "Intermediate political party" means any political 390
party organized under the laws of this state whose candidate for 391
governor or nominees for presidential electors received less than 392
twenty per cent but not less than ten per cent of the total vote 393
cast for such office at the most recent regular state election. 396
(3) "Minor political party" means any political party 398
organized under the laws of this state whose candidate for 399
governor or nominees for presidential electors received less than 400
ten per cent but not less than five per cent of the total vote 401
cast for such office at the most recent regular state election or 404
which has filed with the secretary of state, subsequent to any
election in which it received less than five per cent of such 405
vote, a petition signed by qualified electors equal in number to 406
at least one per cent of the total vote cast for such office in 407
the last preceding regular state election, except that a newly 408
formed political party shall be known as a minor political party 409
until the time of the first election for governor or president 410
which occurs not less than twelve months subsequent to the 411
formation of such party, after which election the status of such 412
party shall be determined by the vote for the office of governor 413
or president. 414
(G) "Dominant party in a precinct" or "dominant political 416
party in a precinct" means that political party whose candidate 417
for election to the office of governor at the most recent regular 420
state election at which a governor was elected received more 421
votes than any other person received for election to said office 422
in such precinct at such election.
(H) "Candidate" means any qualified person certified in 424
11
accordance with the provisions of the Revised Code for placement 425
on the official ballot of a primary, general, or special election 426
to be held in this state, or any qualified person who represents 427
himself or herself CLAIMS to be a write-in candidate, or who 428
knowingly assents to such representation BEING REPRESENTED AS A 430
WRITE-IN CANDIDATE by another at either a primary, general, or 431
special election to be held in this state. 432
(I) "Independent candidate" means any candidate who does 434
not consider himself or herself CLAIMS NOT TO BE affiliated with 435
a political party, and who has his or her WHOSE name HAS BEEN 437
certified on the office-type ballot at a general or special 439
election through the filing of a statement of candidacy and 440
nominating petition, as prescribed in section 3513.257 of the 441
Revised Code.
(J) "Nonpartisan candidate" means any candidate whose name 443
is required, pursuant to section 3505.04 of the Revised Code, to 444
be listed on the nonpartisan ballot, including all candidates for 445
judicial office, for member of any board of education, for 446
municipal or township offices in which primary elections are not 447
held for nominating candidates by political parties, and for 448
offices of municipal corporations having charters that provide 449
for separate ballots for elections for these offices. 450
(K) "Party candidate" means any candidate who considers 452
himself or herself CLAIMS TO BE a member of a political party, 453
who has his or her WHOSE name HAS BEEN certified on the 456
office-type ballot at a general or special election through the 457
filing of a declaration of candidacy and petition of candidate, 458
and who has won the primary election of his or her THE
CANDIDATE'S party for the public office the candidate seeks or is 459
selected by party committee in accordance with section 3513.31 of 460
the Revised Code.
(L) "Officer of a political party" includes, but is not 462
limited to, any member, elected or appointed, of a controlling 463
committee, whether representing the territory of the state, a 464
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district therein, a county, township, a city, a ward, a precinct, 465
or other territory, of a major, intermediate, or minor political 466
party. 467
(M) "Question or issue" means any question or issue 469
certified in accordance with the Revised Code for placement on an 470
official ballot at a general or special election to be held in 471
this state. 472
(N) "Elector" or "qualified elector" means a person having 474
the qualifications provided by law to be entitled to vote. 476
(O) "Voter" means an elector who votes at an election. 478
(P) "Voting residence" means that place of residence of an 480
elector which shall determine the precinct in which the elector 482
may vote.
(Q) "Precinct" means a district within a county 484
established by the board of elections of such county within which 485
all qualified electors having a voting residence therein may vote 486
at the same polling place. 487
(R) "Polling place" means that place provided for each 489
precinct at which the electors having a voting residence in such 490
precinct may vote. 491
(S) "Board" or "board of elections" means the board of 493
elections appointed in a county pursuant to section 3501.06 of 494
the Revised Code. 495
(T) "Political subdivision" means "county," "township," 497
"city," "village," or "school district." 498
(U) "Election officer or official" means any of the 500
following: 501
(1) Secretary of state; 503
(2) Employees of the secretary of state serving in the 505
division of elections in the capacity of attorney, administrative 506
officer, administrative assistant, elections administrator, 507
office manager, or clerical supervisor; 508
(3) Director of a board of elections; 510
(4) Deputy director of a board of elections; 512
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(5) Employees of a board of elections; 514
(6) Precinct polling place judges and clerks; 516
(7) Employees appointed by the boards of elections on a 518
temporary or part-time basis. 519
(V) "Acknowledgment notice" means a notice sent by a board 521
of elections, on a form prescribed by the secretary of state, 522
informing a voter registration applicant or an applicant who 523
wishes to change his or her THE APPLICANT'S residence or name of 524
the status of his or her THE application; the information 525
necessary to complete or update his or her THE application, if 526
any; and if the application is complete, the precinct in which 527
the applicant is to vote.
(W) "Confirmation notice" means a notice sent by a board 529
of elections, on a form prescribed by the secretary of state, to 530
a registered elector to confirm the registered elector's current 531
address.
(X) "Designated agency" means an office or agency in the 533
state that provides public assistance or that provides 534
state-funded programs primarily engaged in providing services to 535
persons with disabilities and that is required by the National 536
Voter Registration Act of 1993 to implement a program designed
and administered by the secretary of state for registering 537
voters, or any other public or government office or agency that 538
implements a program designed and administered by the secretary 539
of state for registering voters, including the department of 540
human services, the program administered under section 3701.132
of the Revised Code by the department of health, the department 541
of mental health, the department of mental retardation and 542
developmental disabilities, the rehabilitation services 543
commission, and any other agency the secretary of state 544
designates. "Designated agency" does not include public high 545
schools and vocational schools, public libraries, or the office 546
of a county treasurer.
(Y) "National Voter Registration Act of 1993" means the 548
14
"National Voter Registration Act of 1993," 107 Stat. 77, 42 549
U.S.C.A. 1973gg.
(Z) "Voting Rights Act of 1965" means the "Voting Rights 551
Act of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended. 552
Sec. 3501.02. General elections in the state and its 561
political subdivisions shall be held as follows: 562
(A) For the election of electors of president and 564
vice-president of the United States, in the year of 1932 and 565
every four years thereafter; 566
(B) For the election of a member of the senate of the 568
United States, in the years 1932 and 1934, and every six years 569
after each of such years; except as otherwise provided for 570
filling vacancies; 571
(C) For the election of representatives in the congress of 573
the United States and of elective state and county officers 574
including elected members of the state board of education, in the 575
even-numbered years; except as otherwise provided for filling 576
vacancies; 577
(D) For municipal and township officers, members of boards 579
of education, judges and clerks of municipal courts, in the 580
odd-numbered years; 581
(E) Proposed constitutional amendments or proposed 583
measures submitted by the general assembly or by initiative or 584
referendum petitions to the voters of the state at large may be 585
submitted to the general election in any year occurring at least 586
sixty days, in case of a referendum, and ninety days, in the case 587
of an initiated measure, subsequent to the filing of the 588
petitions therefor. Proposed constitutional amendments submitted 589
by the general assembly to the voters of the state at large may 590
be submitted at a special election occurring on the day FIRST 592
TUESDAY AFTER THE FIRST MONDAY IN MAY in any year specified by 593
division (E) of section 3501.01 of the Revised Code for the 594
holding of a primary election, when a special election on that 595
date is designated by the general assembly in the resolution 596
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adopting the proposed constitutional amendment.
No special election shall be held on a day other than the 598
day of a general election, unless a law or charter provides 599
otherwise, regarding the submission of a question or issue to the 600
voters of a county, township, city, village, or school district. 601
(F) Any question or issue, except a candidacy, to be voted 603
upon at an election shall be certified, for placement upon the 604
ballot, to the board of elections not later than four p.m. of the 606
seventy-fifth day before the day of the election. 607
Sec. 3501.17. (A) The expenses of the board of elections 616
shall be paid from the county treasury, in pursuance of 617
appropriations by the board of county commissioners, in the same 618
manner as other county expenses are paid. If the board of county 619
commissioners fails to appropriate an amount sufficient to 620
provide for the necessary and proper expenses of the board of 621
elections, such board may apply to the court of common pleas 622
within the county, which shall fix the amount necessary to be 623
appropriated, and such amount shall be appropriated. Payments 624
shall be made upon vouchers of the board of elections certified 625
to by its chairperson or acting chairperson and the director or 627
deputy director, upon warrants of the county auditor. The board
of elections shall not incur any obligation involving the 629
expenditure of money unless there are moneys sufficient in the 630
funds appropriated therefor to meet such obligations. Such 631
expenses shall be apportioned among the county and the various 632
subdivisions as provided in this section, and the amount 633
chargeable to each subdivision shall be withheld by the auditor 634
from the moneys payable thereto TO THE SUBDIVISION at the time of 636
the next tax settlement. At the time of submitting budget 637
estimates in each year, the board of elections shall submit to 638
the taxing authority of each subdivision, upon the request of the 639
subdivision, an estimate of the amount to be withheld therefrom 640
FROM THE SUBDIVISION during the next fiscal year. 641
(B) Except as otherwise provided in division (F) of this 644
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section, the entire compensation of the members of the board of 645
elections and of the director, deputy director, and other
employees in the board's offices; the expenditures for the 646
rental, furnishing, and equipping of the office of the board and 647
for the necessary office supplies for the use of the board; the 648
expenditures for the acquisition, repair, care, and custody of 649
the polling places, booths, guardrails, and other equipment for 650
polling places; the cost of pollbooks, tally sheets, maps, flags, 651
ballot boxes, and all other permanent records and equipment; the 652
cost of all elections held in and for the state and county; and 653
all other expenses of the board which are not chargeable to a 654
political subdivision in accordance with this section shall be 655
paid in the same manner as other county expenses are paid. 656
(C) The compensation of judges and clerks of elections; 658
the cost of renting, moving, heating, and lighting polling places 659
and of placing and removing ballot boxes and other fixtures and 660
equipment thereof OF POLLING PLACES; the cost of printing and 661
delivering ballots, cards of instructions, and other election 663
supplies; and all other expenses of conducting primaries and 664
elections in the odd-numbered years shall be charged to the 665
subdivisions in and for which such primaries or elections are 666
held. The charge for each primary or general election in 667
odd-numbered years for each subdivision shall be determined in 668
the following manner: first, the total cost of all chargeable 669
items used in conducting such elections shall be ascertained; 670
second, the total charge shall be divided by the number of 671
precincts participating in such election, in order to fix the 672
cost per precinct; third, the cost per precinct shall be prorated 673
by the board of elections to the subdivisions conducting 674
elections for the nomination or election of offices in such 675
precinct; fourth, the total cost for each subdivision shall be 676
determined by adding the charges prorated to it in each precinct 677
within the subdivision.
(D) The entire cost of special elections held on a day 679
17
other than the day of a primary or general election, both in 680
odd-numbered or in even-numbered years, shall be charged to the 681
subdivision. Where a special election is held on the same day as 682
a primary or general election in an even-numbered year, the 683
subdivision submitting the special election shall be charged only 684
for the cost of ballots and advertising. Where a special 685
election is held on the same day as a primary or general election 686
in an odd-numbered year, the subdivision submitting the special 687
election shall be charged for the cost of ballots and advertising 688
for such special election, in addition to the charges prorated to 689
such subdivision for the election or nomination of candidates in 690
each precinct within the subdivision, as set forth in the 691
preceding paragraph. 692
(E) Where WHEN a special election is held on the day 694
specified by division (E) of section 3501.01 of the Revised Code 696
for the holding of a primary election, FIRST TUESDAY AFTER THE 697
FIRST MONDAY IN MAY for the purpose of submitting to the voters 699
of the state constitutional amendments proposed by the general 700
assembly, and a subdivision conducts a special election on the 701
same day, the entire cost of the special election shall be
divided proportionally between the state and the subdivision 702
based upon a ratio determined by the number of issues placed on 703
the ballot by each, except as otherwise provided in division (G) 705
of this section. Such proportional division of cost shall be
made only to the extent funds are available for such purpose from 706
amounts appropriated by the general assembly to the secretary of 707
state. If a primary election is also being conducted in the 708
subdivision, the costs shall be apportioned as otherwise provided 709
in this section. 710
(F) When a precinct is open during a general, primary, or 712
special election solely for the purpose of submitting to the 713
voters a statewide ballot issue, the state shall bear the entire 714
cost of the election in that precinct and shall reimburse the 715
county for all expenses incurred in opening the precinct. 716
18
(G) The state shall bear the entire cost of advertising in 718
newspapers statewide ballot issues, explanations of those issues, 719
and arguments for or against those issues, as required by Section 720
1g of Article II and Section 1 of Article XVI, Ohio Constitution, 723
and any other section of law and shall reimburse the counties for 724
all expenses they incur for such advertising.
(H) The cost of renting, heating, and lighting 726
registration places; the cost of the necessary books, forms, and 727
supplies for the conduct of registration; and the cost of 728
printing and posting precinct registration lists shall be charged 729
to the subdivision in which such registration is held. 730
(I) As used in this section, "statewide ballot issue" 732
means any ballot issue, whether proposed by the general assembly 733
or by initiative or referendum, that is submitted to the voters 734
throughout the state.
Sec. 3503.16. (A) Whenever a registered elector changes 743
the place of residence of that registered elector from one 745
precinct to another within a county or from one county to 746
another, or has a change of name, that registered elector shall 747
report the change by delivering a change of residence or change 749
of name form, whichever is appropriate, as prescribed by the 750
secretary of state under section 3503.14 of the Revised Code, to 751
the state or local office of a designated agency, a public high
school or vocational school, a public library, the office of the 752
county treasurer, the office of the secretary of state, any 754
office of the registrar or deputy registrar of motor vehicles, or 755
any office of a board of elections in person or by a third 757
person. Any voter registration, change of address, or change of
name application, returned by mail, may be sent only to the 758
secretary of state or the board of elections. 759
A registered elector also may update the registration of 762
that registered elector by filing a change of residence or change 763
of name form on the day of a special, primary, or general 764
election at the polling place in the precinct in which that 765
19
registered elector resides or at the board of elections or at 767
another site designated by the board.
(B)(1) Any registered elector who moves within a precinct 769
or changes the name of that registered elector and remains within 770
a precinct on or prior to the day of a general, primary, or 771
special election and has not filed a notice of change of 772
residence or change of name, whichever is appropriate, with the 773
board of elections may vote in that election by going to that 774
registered elector's assigned polling place, completing and
signing a notice of change of residence or change of name, 775
whichever is appropriate, and casting a ballot. 776
(2) Any registered elector who moves from one precinct to 779
another within a county or moves from one precinct to another and 780
changes the name of that registered elector on or prior to the 781
day of a general, primary, or special election and has not filed 782
a notice of change of residence or change of name, whichever is 783
appropriate, with the board of elections may vote in that 784
election if that registered elector complies with division (G) of 785
this section or does all of the following: 786
(a) Appears at anytime during regular business hours on or 790
after the twenty-eighth day prior to the election in which that 792
registered elector wishes to vote, or if the election is held on 794
the day of a presidential primary election, the twenty-fifth day 795
prior to the election, through noon of the Saturday prior to the 796
election or during regular business hours on the Monday prior to 797
the election at the office of the board of elections, or appears 798
on the day of the election at either of the following locations: 799
(i) The polling place in the precinct in which that 802
registered elector resides;
(ii) The location designated by the board of elections, 804
which shall be the office of the board or another appropriate 806
site designated by the board in the county in which that 807
registered elector resides.
(b) Completes and signs, under penalty of election 809
20
falsification, a notice of change of residence or change of name, 810
whichever is appropriate, and files it with election officials at 811
the polling place, at the office of the board of elections, or at 812
the site designated by the board, whichever is appropriate; 813
(c) Votes at the polling place, at the office of the board 815
of elections, or at the site designated by the board, whichever 816
is appropriate, by absent voter's ballots using the address to 817
which that registered elector has moved or the name of that 819
registered elector as changed, whichever is appropriate; 820
(d) Completes and signs, under penalty of election 822
falsification, a statement attesting that that registered elector 824
moved or had a change of name, whichever is appropriate, on or 825
prior to the day of the election, has voted at the polling place 826
in the precinct in which that registered elector resides, at the 827
office of the board of elections, or at the site designated by 829
the board, whichever is appropriate, and will not vote or attempt 830
to vote at any other location for that particular election. The 831
statement required under division (B)(2)(d) of this section may 832
be included on the notice of change of residence or change of 834
name, whichever is appropriate, required under division (B)(2)(b) 835
of this section.
(C) Any registered elector who moves from one county to 837
another county within the state on or prior to the day of a 838
general, primary, or special election and has not registered to 839
vote in the county to which that registered elector moved may 840
vote in that election if that registered elector complies with 841
division (G) of this section or does all of the following: 842
(1) Appears at any time during regular business hours on 846
or after the twenty-eighth day prior to the election in which 848
that registered elector wishes to vote, or if the election is 849
held on the day of a presidential primary election, the 850
twenty-fifth day prior to the election, through noon of the 851
Saturday prior to the election or during regular business hours 852
on the Monday prior to the election at the office of the board of 853
21
elections, or appears on the day of the election at the location 856
designated by the board of elections, which shall be either the 857
office of the board or another appropriate site designated by the 858
board in the county in which that registered elector resides; 859
(2) Completes and signs, under penalty of election 861
falsification, a notice of change of residence and files it with 862
election officials at the board or at the site designated by the 863
board, whichever is appropriate; 864
(3) Votes at the office of the board of elections or at a 866
site designated by the board by absent voter's ballots using the 867
address to which that registered elector has moved; 868
(4) Completes and signs, under penalty of election 870
falsification, a statement attesting that that registered elector 872
has moved from one county to another county within the state on 873
or prior to the day of the election, has voted at the office of 874
the board of elections or at the site designated by the board, 875
whichever is appropriate, and will not vote or attempt to vote at 876
any other location for that particular election. The statement 877
required under division (C)(4) of this section may be included on 878
the notice of change of residence required under division (C)(2) 879
of this section. 880
(D) A person who votes by absent voter's ballots pursuant 882
to division (B), (C), or (G) of this section shall not make 884
written application for the ballots pursuant to Chapter 3509. of 885
the Revised Code. Ballots cast pursuant to division (B), (C), or 887
(G) of this section shall be set aside in a special envelope and 888
counted during the official canvass of votes in the manner 889
provided for in sections 3505.32 and 3509.06 of the Revised Code 890
insofar as that manner is applicable. The board shall examine 891
the pollbooks to verify that no ballot was cast at the polls or 892
by absent voter's ballots under Chapter 3509. or 3511. of the 893
Revised Code by an elector who has voted by absent voter's 894
ballots pursuant to division (B), (C), or (G) of this section. 895
Any ballot determined to be insufficient for any of the reasons 897
22
stated above or stated in section 3509.07 of the Revised Code 898
shall not be counted.
A board of elections may lease or otherwise acquire a site 900
different from the office of the board at which registered 901
electors may vote pursuant to division (B) or (C) of this 902
section. 903
(E) Upon receiving a change of residence or change of name 906
form, the board of elections shall immediately send the
registrant an acknowledgment notice. If the change of residence 908
or change of name form is valid, the board shall update the 909
voter's registration as appropriate. If that form is incomplete, 910
the board shall inform the registrant in the acknowledgment 911
notice specified in this division of the information necessary to 912
complete or update that registrant's registration. 913
(F) Change of residence and change of name forms shall be 915
available at each polling place, and when these forms are 916
completed, noting changes of residence or name, as appropriate, 917
they shall be filed with election officials at the polling place. 918
Election officials shall return completed forms, together with 919
the pollbooks and tally sheets, to the board of elections. 920
The board of elections shall provide change of residence 922
and change of name forms to the probate court and court of common 923
pleas. The court shall provide the forms to any person eighteen 924
years of age or older who has a change of name by order of the 926
court or who applies for a marriage license. The court shall 927
forward all completed forms to the board of elections within five 928
days after receiving them. 929
(G) A registered elector who otherwise would qualify to 931
vote under division (B) or (C) of this section but is unable to 932
appear at the office of the board or other location designated by 933
the board on account of personal illness, physical disability, or 934
infirmity, may vote on the day of the election if that registered 935
elector does all of the following: 936
(1) Makes written application to the appropriate board for 938
23
an absent voter's ballot on or after the twenty-seventh day prior 939
to the election in which the registered elector wishes to vote 940
through noon of the Saturday prior to that election and requests 941
that the absent voter's ballot be sent to the address to which 942
the registered elector has moved if the registered elector has 943
moved, or to the address of that registered elector who has not 944
moved but has had a change of name; 945
(2) Declares that the registered elector has moved or had 947
a change of name, whichever is appropriate, and otherwise is 949
qualified to vote under the circumstances described in division 950
(B) or (C) of this section, whichever is appropriate, but that 951
the registered elector is unable to appear at the board or other 952
location designated by the board because of personal illness, 953
physical disability, or infirmity; 954
(3) Completes and returns along with the completed absent 956
voter's ballot a notice of change of residence indicating the 957
address to which the registered elector has moved, or a notice of 958
change of name, whichever is appropriate;
(4) Completes and signs, under penalty of election 960
falsification, a statement attesting that the registered elector 961
has moved or had a change of name on or prior to the day before 962
the election, has voted by absent voter's ballot because of 964
personal illness, physical disability, or infirmity that
prevented the registered elector from appearing at the board or 965
other location designated by the board, and will not vote or 966
attempt to vote at any other location or by absent voter's ballot 967
mailed to any other location or address for that particular 968
election.
Sec. 3505.01. On the sixtieth day before the day of the 977
next general election, the secretary of state shall certify to 978
the board of elections of each county the forms of the official 979
ballots to be used at such general election, together with the 980
names of the candidates to be printed thereon ON THE BALLOTS 981
whose candidacy is to be submitted to the electors of the entire 983
24
state. In the case of the presidential ballot for a general 984
election, such certification shall be made on the sixtieth day 985
before the day of the general election. On the seventy-fifth day 986
before a special election to be held on the day specified by 987
division (E) of section 3501.01 of the Revised Code for the 988
holding of a primary election FIRST TUESDAY AFTER THE FIRST 989
MONDAY IN MAY, designated by the general assembly for the purpose 990
of submitting to the voters of the state constitutional 991
amendments proposed by the general assembly, the secretary of 992
state shall certify to the board of elections of each county the 993
forms of the official ballots to be used at such election. 994
The board of the most populous county in each district 996
comprised of more than one county but less than all of the 997
counties of the state, in which there are candidates whose 998
candidacies are to be submitted to the electors of such district, 999
shall, on the sixtieth day before the day of the next general 1,000
election, certify to the board of each county in such district 1,001
the names of such candidates to be printed on such ballots. 1,002
The board of a county in which the major portion of a 1,004
subdivision, located in more than one county, is located shall, 1,005
on the sixtieth day before the day of the next general election, 1,006
certify to the board of each county in which other portions of 1,007
such subdivisions are located the names of candidates whose 1,008
candidacies are to be submitted to the electors of such 1,009
subdivision, to be printed on such THE ballots. 1,010
If, subsequently to the sixtieth day before and prior to 1,012
the tenth day before the day of such general election, a 1,013
certificate is filed with the secretary of state to fill a 1,014
vacancy caused by the death of a candidate, the secretary of 1,015
state shall forthwith make a supplemental certification to the 1,016
board of each county amending and correcting his THE SECRETARY OF 1,017
STATE'S original certification provided for in the first 1,019
paragraph of this section. If, within such time such a 1,020
certificate is filed with the board of the most populous county 1,021
25
in a district comprised of more than one county but less than all 1,022
of the counties of the state, or with the board of a county in 1,023
which the major portion of the population of a subdivision, 1,024
located in more than one county, is located, such board with 1,025
which such a certificate is filed shall forthwith make a 1,026
supplemental certification to the board of each county in such 1,027
district or to the board of each county in which other portions 1,028
of such subdivision are located, amending and correcting its 1,029
original certification provided for in the second and third 1,030
paragraphs of this section. If, at the time such supplemental 1,031
certification is received by a board, ballots carrying the name 1,032
of the deceased candidate have been printed, such board shall 1,033
cause strips of paper bearing the name of the candidate certified 1,034
to fill such vacancy to be printed and pasted on such ballots so 1,035
as to cover the name of the deceased candidate, except that in 1,036
voting places using marking devices, the board shall cause strips 1,037
of paper bearing the revised list of candidates for the office 1,038
after certification of a candidate to fill such vacancy, to be 1,039
printed and pasted on such ballot card so as to cover the names 1,040
of candidates shown prior to the new certification, before such 1,041
ballots are delivered to electors.
Sec. 3505.32. (A) Except as otherwise provided in 1,050
division (D) of this section, not earlier than the eleventh day 1,051
nor later than the fifteenth day after a general or special 1,053
election, or if a special election was held on the day of a 1,054
presidential primary election, not earlier than the twenty-first 1,055
day nor later than the twenty-fifth day after the special 1,056
election, the board of elections shall begin to canvass the 1,057
election returns from the precincts in which electors were 1,058
entitled to vote at such election. It shall continue such 1,059
canvass daily until it is completed and the results of the voting 1,060
in such election in each of such precincts are determined. 1,061
(B) The county executive committee of each political 1,063
party, each committee designated in a petition nominating an 1,064
26
independent or nonpartisan candidate for election at such 1,065
election, each committee designated in a petition to represent 1,066
the petitioners thereon pursuant to which a question or issue was 1,067
submitted at such election, and any committee opposing a question 1,068
or issue submitted at such election and which was permitted by 1,069
section 3505.21 of the Revised Code to have a qualified elector 1,070
serve as a witness during the counting of the ballots at each 1,071
polling place at such election may designate a qualified elector 1,072
who may be present and may witness the making of such official 1,073
canvass.
(C) The board shall first open all envelopes containing 1,075
uncounted ballots and shall count and tally them. 1,076
In connection with its investigation of any apparent or 1,078
suspected error or defect in the election returns from a polling 1,079
place, the board may cause subpoenas to be issued and served 1,080
requiring the attendance before it of the election officials of 1,081
such polling place, and it may examine them under oath regarding 1,082
the manner in which the votes were cast and counted in such 1,083
polling place, or the manner in which the returns were prepared 1,084
and certified, or as to any other matters bearing upon the voting 1,085
and the counting of the votes in such polling place at such 1,086
election. 1,087
Finally, the board shall open the sealed container 1,090
containing the ballots that were counted in the polling place at
the election and count such ballots, during the official canvass, 1,092
in the presence of all of the members of the board and any other 1,093
persons who are entitled to witness the official canvass. 1,094
(D) Prior to the tenth day after a primary, general, or 1,096
special election, the board may examine the pollbooks, poll 1,097
lists, and tally sheets received from each polling place for its 1,098
files and may compare the results of the voting in any polling 1,099
place with the summary statement received from the polling place. 1,100
If the board finds that any of these records or any portion of
them is missing, or that they are incomplete, not properly 1,101
27
certified, or ambiguous, or that the results of the voting in the 1,102
polling place as shown on the summary statement from the polling 1,103
place are different from the results of the voting in the polling 1,104
place as shown by the pollbook, poll list, or tally sheet from 1,105
the polling place, or that there is any other defect in the
records, the board may make whatever changes to the pollbook, 1,107
poll list, or tally sheet it determines to be proper in order to 1,108
correct the errors or defects.
Sec. 3509.01. The board of elections of each county shall 1,117
provide absent voter's ballots for use at every primary and 1,118
general election, or special election to be held on the day 1,119
specified by division (E) of section 3501.01 of the Revised Code 1,120
for the holding of a primary election FIRST TUESDAY AFTER THE 1,121
FIRST MONDAY IN MAY, designated by the general assembly for the 1,123
purpose of submitting constitutional amendments proposed by the 1,124
general assembly to the voters of the state. Such ballots shall 1,125
be the same size, shall be printed on the same kind of paper and 1,126
in the same form as has been approved for use at the election for 1,127
which such ballots are to be voted; except that in counties using 1,128
marking devices, ballot cards may be used for absent voter's 1,129
ballots, and such absent voters shall be instructed to record the 1,130
vote in the manner provided on the ballot cards. The rotation of 1,131
names of candidates and questions and issues shall be 1,132
substantially complied with within the limitation of time
allotted. Such ballots shall be designated as "Absent Voter's 1,133
Ballots" and shall be printed and ready for use on the 1,134
thirty-fifth day before the day of the election, except that such 1,135
ballots shall be printed and ready for use on the twenty-fifth 1,136
day before the day of a presidential primary election. 1,137
Absent voter's ballots provided for use at a general or 1,139
primary election, or special election to be held on the day 1,140
specified by division (E) of section 3501.01 of the Revised Code 1,141
for the holding of a primary election FIRST TUESDAY AFTER THE 1,142
FIRST MONDAY IN MAY, designated by the general assembly for the 1,144
28
purpose of submitting constitutional amendments proposed by the 1,145
general assembly to the voters of the state, shall include only 1,146
such questions, issues, and candidacies as have been lawfully 1,147
ordered submitted to the electors voting at such election. 1,148
Absent voter's ballots for special elections held on days 1,150
other than the day on which general or primary elections are 1,151
held, shall be ready for use as many days before the day of the 1,152
election as reasonably possible under the laws governing the 1,153
holding of such special election. 1,154
A copy of the absent voter's ballots shall be forwarded by 1,156
the director of the board in each county to the secretary of 1,157
state at least twenty-five days before the election. 1,158
Sec. 3509.03. Except as provided in division (B) or (C) of 1,167
section 3503.16, section 3509.031, or division (B) of section 1,168
3509.08 of the Revised Code, any person desiring to vote absent 1,169
voter's ballots at an election shall make written application for 1,170
such ballots to the director of elections of the county in which 1,171
such person's voting residence is located. The application need 1,172
not be in any particular form but shall contain words which, 1,173
liberally construed, indicate the request for ballots, the 1,174
election for which such ballots are requested, and, if the 1,175
request is for primary election ballots, the person's party 1,176
affiliation. The application for such ballots shall state that 1,177
the person requesting the ballots is a qualified elector, and the 1,178
reason for the person's absence from the polls on election day. 1,179
The application shall include sufficient information to enable 1,180
the director to determine the precinct in which the applicant's 1,181
voting residence is located and shall be signed by the applicant. 1,182
If the applicant desires ballots to be mailed to the applicant, 1,184
the application shall state the mailing address. 1,185
A voter who will be outside the United States on the day of 1,187
any election during a calendar year may use a single federal post 1,188
card application to apply for absent voter's ballots. Such 1,189
ballots shall be sent to the voter for use at the primary and 1,190
29
general elections in that year and any special election to be 1,191
held on the day FIRST TUESDAY AFTER THE FIRST MONDAY IN MAY in 1,193
that year specified by division (E) of section 3501.01 of the 1,195
Revised Code for the holding of a primary election, designated by 1,196
the general assembly for the purpose of submitting constitutional 1,197
amendments proposed by the general assembly to the voters of the 1,198
state, unless the voter reports a change in the voter's voting 1,199
status to the board of elections or the voter's intent to vote in 1,200
any such election in the precinct in this state where he THE 1,202
VOTER is registered to vote. Such an application shall be 1,203
processed by the board of elections pursuant to section 3509.04 1,204
of the Revised Code the same as if the voter had applied 1,205
separately for absent voter's ballots for each election. When 1,206
mailing absent voter's ballots to a voter who applied for them by 1,207
single federal post card application, the board shall enclose 1,208
notification to the voter that the voter must report to the board 1,210
subsequent changes in the voter's voting status or the voter's 1,211
subsequent intent to vote in any such election in the precinct in 1,212
this state where the voter is registered to vote. Such 1,213
notification shall be in a form prescribed by the secretary of 1,215
state. As used in this section, "voting status" means the 1,216
voter's name at the time the voter applied for absent voter's 1,218
ballots by single federal post card application and the voter's 1,219
address outside the United States to which the voter requested 1,220
that such ballots be sent.
Each application for absent voter's ballots shall be 1,222
delivered to the director not earlier than the first day of 1,223
January of the year of the elections for which the absent voter's 1,224
ballots are requested or not earlier than ninety days before the 1,225
day of the election at which the ballots are to be voted, 1,226
whichever is earlier, and not later than twelve noon of the third 1,227
day before the day of the election at which such ballots are to 1,228
be voted, or not later than the close of regular business hours 1,229
on the day before the day of the election at which the absent 1,230
30
voter's ballots are to be voted if the application is delivered 1,232
in person to the office of the board.
Sec. 3509.05. (A) When AN ELECTOR RECEIVES an absent 1,241
voter's ballot, pursuant to his THE ELECTOR'S application or 1,243
request therefor, is received by the elector, he FOR THAT BALLOT, 1,245
THE ELECTOR shall, before placing any marks thereon ON THE 1,246
BALLOT, note whether there are any voting marks on the ballot IT. 1,247
In the event IF there are any voting marks, the ballot shall be 1,249
returned immediately to the board of elections; otherwise he THE 1,250
ELECTOR shall cause the ballot to be marked, folded in such 1,252
manner that the stub thereon ON IT and the indorsements and 1,254
facsimile signatures of the members of the board of elections on 1,255
the back thereof OF IT are visible, and placed and sealed within 1,257
the identification envelope received from the director of 1,258
elections for that purpose. Then the elector shall cause the 1,259
statement of voter on the outside of the identification envelope 1,260
to be completed and signed, under penalty of election
falsification. 1,261
The elector shall then mail the identification envelope to 1,263
the director from whom it was received in the return envelope, 1,264
postage prepaid, or he THE ELECTOR may personally deliver it to 1,265
the director, or the spouse of the elector, the father, mother, 1,267
father-in-law, mother-in-law, grandfather, grandmother, brother, 1,268
or sister of the whole or half blood, or the son, daughter, 1,269
adopting parent, adopted child, stepparent, stepchild, uncle, 1,270
aunt, nephew, or niece of the elector may deliver it to the 1,271
director, but the return envelope shall be transmitted to the 1,272
director in no other manner, except as provided in section 1,273
3509.08 of the Revised Code. 1,274
Each elector who will be outside the United States on the 1,276
day of the election shall check the box on the return envelope 1,277
indicating this fact. 1,278
When absent voter's ballots are delivered to an elector at 1,280
the office of the board, the elector may retire to a voting 1,281
31
compartment provided by the board and there mark the ballots. 1,282
Thereupon he THE ELECTOR shall fold them, place them in the 1,283
identification envelope provided, seal the identification 1,285
envelope, fill in and sign the statement thereon ON THE ENVELOPE 1,286
under penalty of election falsification, and deliver the envelope 1,288
to the director of the board. 1,289
Except as otherwise provided in divisions DIVISION (B) and 1,291
(C) of this section, all other envelopes containing marked absent 1,293
voter's ballots, shall be delivered to the director not later 1,294
than the close of the polls on the day of an election. Absent 1,295
voter's ballots delivered to the director later than the times 1,296
specified shall not be counted, but shall be kept by the board in 1,297
the sealed identification envelopes in which they are delivered 1,298
to the director, until the time provided by section 3505.31 of 1,299
the Revised Code for the destruction of all other ballots used at 1,300
the election for which ballots were provided, at which time they 1,301
shall be destroyed. 1,302
(B) Except as otherwise provided in division (C) of this 1,304
section, any ANY return envelope that indicates that the voter 1,305
will be outside the United States on the day of the election 1,306
shall be delivered to the director prior to the eleventh day 1,307
after the election. Ballots delivered in such envelopes that are 1,308
received after the close of the polls on election day through the 1,309
tenth day thereafter shall be counted on the eleventh day at the 1,310
board of elections in the manner provided in divisions (C) and 1,311
(D) of section 3509.06 of the Revised Code. Any such ballots 1,312
that are signed or postmarked after the close of the polls on the 1,313
day of the election or that are received by the director later 1,314
than the tenth day following the election shall not be counted, 1,315
but shall be kept by the board in the sealed identification 1,316
envelopes as provided in division (A) of this section. 1,317
(C) In any year in which a presidential primary election 1,319
is held, any return envelope that indicates that the voter will 1,320
be outside the United States on the day of the presidential 1,321
32
primary election shall be delivered to the director prior to the 1,322
twenty-first day after that election. Ballots delivered in such 1,323
envelopes that are received after the close of the polls on 1,324
election day through the twentieth day thereafter shall be 1,325
counted on the twenty-first day at the board of elections in the 1,326
manner provided in divisions (C) and (D) of section 3509.06 of 1,327
the Revised Code. Any such ballots that are signed or postmarked 1,328
after the close of the polls on the day of that election or that 1,329
are received by the director later than the twentieth day 1,330
following that election shall not be counted, but shall be kept 1,331
by the board in the sealed identification envelopes as provided 1,332
in division (A) of this section. 1,333
Sec. 3511.02. Any section of the Revised Code to the 1,342
contrary notwithstanding, whenever any person applies for 1,343
registration as a voter on a form adopted in accordance with 1,344
federal regulations relating to the "Uniformed and Overseas 1,345
Citizens Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff 1,346
(1986), this application shall be sufficient for voter 1,347
registration and as a request for an absentee ballot. Armed 1,348
service absent voter's ballots may be obtained by any person 1,349
meeting the requirements of section 3511.01 of the Revised Code 1,350
by applying to the director of the board of elections of the 1,351
county in which the person's voting residence is located, in one 1,352
of the following ways: 1,353
(A) That person may make written application for such 1,355
ballots. The person may personally deliver the application to 1,357
the director or may mail, send it by facsimile machine, or 1,358
otherwise send it to the director. The application need not be 1,360
in any particular form but shall contain the applicant's 1,361
signature. The application need only contain words that, 1,363
liberally construed, indicate the request for ballots; the 1,365
election for which such ballots are requested, and, if the 1,366
request is for primary election ballots, the person's party 1,367
affiliation; that the person is serving in the armed forces of 1,368
33
the United States or is the spouse or dependent of a person 1,370
serving in the armed forces of the United States; and the length 1,372
of residence in the state immediately preceding the commencement 1,373
of service, or immediately preceding the date of leaving to be 1,374
with or near the service member, as the case may be, and 1,375
sufficient information to enable the director to determine the 1,376
precinct in which the residence is located. If the person 1,377
desires that such ballots be mailed to the person, the 1,378
application shall state the address to which they shall be 1,379
mailed. If the person desires that such ballots be sent to the 1,380
person by facsimile machine, the application shall state the 1,381
telephone number to which they shall be so sent. 1,382
A voter or any relative of a voter listed in division (B) 1,384
of this section may use a single federal post card application to 1,385
apply for armed service absent voter's ballots for use at the 1,386
primary and general elections in a given year and any special 1,387
election to be held on the day FIRST TUESDAY AFTER THE FIRST 1,389
MONDAY IN MAY in that year specified by division (E) of section 1,391
3501.01 of the Revised Code for the holding of a primary 1,392
election, designated by the general assembly for the purpose of 1,393
submitting constitutional amendments proposed by the general 1,394
assembly to the voters of the state. Such an application shall 1,395
be processed by the board of elections pursuant to section
3511.04 of the Revised Code the same as if the voter had applied 1,396
separately for armed service absent voter's ballots for each 1,397
election. 1,398
(B) Application to have such ballots mailed or sent by 1,400
facsimile machine to such person may be made by the spouse when 1,402
the person is a service member, or by the father, mother, 1,403
father-in-law, mother-in-law, grandfather, grandmother, brother 1,404
or sister of the whole blood or half blood, son, daughter, 1,405
adopting parent, adopted child, stepparent, stepchild, uncle, 1,406
aunt, nephew, or niece of such person. Such application shall be 1,407
in writing upon a blank form furnished only by the director or on 1,408
34
a single federal post card as provided in division (A) of this 1,409
section. The form of such application shall be prescribed by the 1,410
secretary of state. The director shall furnish such blank form 1,411
to any of the relatives specified in this section, desiring to 1,412
make such application, only upon the request of such relative 1,413
made in person at the office of the board or upon the written 1,414
request of such relative mailed to the office of the board. Such 1,415
application, subscribed and sworn to by such applicant, shall 1,416
contain ALL OF THE FOLLOWING:
(1) Full THE FULL name of THE person for whom ballots are 1,419
requested;
(2) Statement A STATEMENT that such person is serving in 1,421
the armed forces of the United States or that such person is a 1,423
spouse or dependent of a person serving in the armed forces of 1,424
the United States who resides outside this state for the purpose 1,425
of being with or near such service member; 1,426
(3) Statement A STATEMENT that such person has a residence 1,428
in the county, and information as to the precinct in which it is 1,430
located and length of residence in the state immediately 1,431
preceding the commencement of service, or immediately preceding 1,432
the date of leaving to be with or near a service member, as the 1,433
case may be;
(4) Statement A STATEMENT that THE applicant bears a 1,435
relationship to such person as specified in this section; 1,437
(5) Election THE ELECTION for which ballots are requested, 1,439
and, if for a primary election, THE party affiliation of persons 1,441
for whom ballots are requested; 1,442
(6) Address THE ADDRESS to which ballots shall be mailed 1,444
or THE telephone number to which ballots shall be sent by 1,446
facsimile machine;
(7) Signature THE SIGNATURE and address of THE person 1,448
making the application. 1,450
Each application for armed service absent voter's ballots 1,452
shall be delivered to the director not earlier than the first day 1,453
35
of January of the year of the elections for which the armed 1,454
service absent voter's ballots are requested or not earlier than 1,455
ninety days before the day of the election at which the ballots 1,456
are to be voted, whichever is earlier, and not later than twelve 1,457
noon of the third day preceding the day of the election, or not 1,459
later than the close of regular business hours on the day before 1,460
the day of the election at which such ballots are to be voted if 1,461
the application is delivered in person to the office of the 1,462
board.
(C) If the voter for whom the application is made is 1,464
entitled to vote for presidential and vice-presidential electors 1,465
only, the applicant shall submit to the director in addition to 1,466
the requirements of divisions (A) and (B) of this section, a 1,467
statement to the effect that the voter is qualified to vote for 1,468
presidential and vice-presidential electors and for no other 1,469
offices. 1,470
Sec. 3511.04. No later than the twenty-fifth day before 1,479
the day of each presidential primary election and not later than 1,480
the thirty-fifth day before the day of each general or other 1,481
primary election, and at the earliest possible time before the 1,482
day of a special election held on a day other than the day on 1,483
which a general or primary election is held, the director of the 1,484
board of elections shall mail or send by facsimile machine armed 1,485
service absent voter's ballots then ready for use as provided for 1,487
in section 3511.03 of the Revised Code and for which the director 1,488
has received valid applications prior to such time. Thereafter, 1,490
and until twelve noon of the third day preceding the day of 1,491
election, the director shall promptly, upon receipt of valid 1,492
applications therefor FOR ARMED SERVICE ABSENT VOTER'S BALLOTS, 1,493
mail or send by facsimile machine to the proper persons all armed 1,495
service absent voter's ballots then ready for use. 1,496
If, after the sixtieth day before the day of a general or 1,498
primary election, any other question, issue, or candidacy is 1,499
lawfully ordered submitted to the electors voting at such general 1,500
36
or primary election, the board shall promptly provide a separate 1,501
official issue, special election, or other election ballot for 1,502
submitting such question, issue, or candidacy to such electors, 1,503
and the director shall promptly mail or send by facsimile machine 1,504
each such separate ballot to each person to whom the director has 1,506
previously mailed or sent by facsimile machine other armed 1,508
service absent voter's ballots. 1,509
In mailing armed service absent voter's ballots, the 1,511
director shall use the fastest mail service available, but the 1,512
director shall not mail them by certified mail. 1,513
Sec. 3511.11. Upon receipt of any envelope bearing the 1,522
designation "Official Election Armed Service Absent Voter's 1,523
Ballot" prior to the twenty-first day after the day of a 1,524
presidential primary election or prior to the eleventh day after 1,525
the day of any other election, the director of the board of 1,526
elections shall open it but shall not open the identification 1,527
envelope therein contained IN IT. If upon so opening such outer 1,528
envelope the director finds ballots therein IN IT which are not 1,529
enclosed in the identification envelope properly sealed, he THE 1,530
DIRECTOR shall not look at the markings upon such ballots and 1,532
shall promptly place them within the identification envelope and 1,533
promptly seal it. If upon so opening such outer envelope the 1,534
director finds that the ballots are within the identification 1,535
envelope, but that it is not properly sealed, he THE DIRECTOR 1,536
shall not look at the markings upon the ballots and shall 1,538
promptly seal the identification envelope.
Armed service absent voter's ballots delivered to the 1,540
director not later than the close of the polls on election day 1,541
shall be counted in the manner provided in section 3509.06 of the 1,542
Revised Code. Any armed service absent voter's ballots that are 1,543
received after the close of the polls on election day through the 1,544
tenth day thereafter, or if the election was a presidential 1,545
primary election, through the twentieth day thereafter, and that 1,546
are delivered in a return envelope that indicates that the voter 1,547
37
will be outside the United States on the day of the election 1,548
shall be counted on the eleventh day, or if the election was a 1,549
presidential primary election, on the twenty-first day, at the 1,550
office of the board of elections in the manner provided in 1,551
divisions (C) and (D) of section 3509.06 of the Revised Code. Any 1,553
such ballot postmarked or signed after the close of the polls on 1,554
election day, however, shall not be counted.
Envelopes bearing the designation "Official Election Armed 1,556
Service Absent Voter's Ballots" that are received by the director 1,557
after the close of the polls on the day of the election, and any 1,558
such envelopes that have been checked to indicate that the voter 1,559
will be outside the United States on the day of the election that 1,560
are signed or postmarked after the close of the polls on the day 1,561
of election or that are received after the tenth day following 1,562
the election, or if the election was a presidential primary 1,563
election, after the twentieth day following the election, shall 1,564
not be opened or counted, but shall be preserved in such 1,565
envelopes unopened for a period of forty days after the day of 1,566
election. Thereafter they may be destroyed on the order of the 1,567
board unless the secretary of state orders them preserved for a 1,568
longer period of time. 1,569
Sec. 3513.01. (A) Except as otherwise provided in this 1,578
section, on the third Tuesday in March of 1996 and every fourth 1,579
year thereafter, and on the first Tuesday after the first Monday 1,580
in May of every other EACH year, primary elections shall be held 1,581
for the purpose of nominating persons as candidates of political 1,583
parties for election to offices to be voted for at the succeeding 1,585
general election.
(B) The manner of nominating persons as candidates for 1,587
election as officers of a municipal corporation having a 1,588
population of two thousand or more, as ascertained by the most 1,589
recent federal census, shall be the same as the manner in which 1,592
candidates were nominated for election as officers in the
municipal corporation in 1989 unless the manner of nominating 1,593
38
such candidates is changed under division (C), (D), or (E) of 1,594
this section. 1,595
(C) Primary elections shall not be held for the nomination 1,597
of candidates for election as officers of any township, or any 1,598
municipal corporation having a population of less than two 1,599
thousand persons, unless a majority of the electors of any such 1,600
township or municipal corporation, as determined by the total 1,601
number of votes cast in such township or municipal corporation 1,602
for the office of governor at the most recent regular state 1,604
election, files with the board of elections of the county within 1,605
which such township or municipal corporation is located, or 1,606
within which the major portion of the population thereof is 1,607
located, if the municipal corporation is situated in more than 1,608
one county, not later than one hundred five days before the day 1,609
of a primary election, a petition signed by such electors asking 1,610
that candidates for election as officers of such township or 1,611
municipal corporation be nominated as candidates of political 1,612
parties, in which event primary elections shall be held in such 1,613
township or municipal corporation for the purpose of nominating 1,614
persons as candidates of political parties for election as 1,615
officers of such township or municipal corporation to be voted 1,616
for at the succeeding regular municipal election. In a township 1,619
or municipal corporation where a majority of the electors have 1,620
filed a petition asking that candidates for election as officers 1,621
of the township or municipal corporation be nominated as 1,622
candidates of political parties, the nomination of candidates for 1,623
a nonpartisan election may be reestablished in the manner 1,624
prescribed in division (E) of this section.
(D)(1) The electors in a municipal corporation having a 1,626
population of two thousand or more, in which municipal officers 1,627
were nominated in the most recent election by nominating petition 1,628
and elected by nonpartisan election, may place on the ballot in 1,629
the manner prescribed in division (D)(2) of this section the 1,630
question of changing to the primary-election method of nominating 1,631
39
persons as candidates for election as officers of the municipal 1,632
corporation. 1,633
(2) The board of elections of the county within which the 1,635
municipal corporation is located, or, if the municipal 1,636
corporation is located in more than one county, of the county 1,637
within which the major portion of the population of the municipal 1,638
corporation is located, shall, upon receipt of a petition signed 1,639
by electors of the municipal corporation equal in number to at 1,640
least ten per cent of the vote cast at the last MOST RECENT 1,641
regular municipal election, submit to the electors of the 1,643
municipal corporation the question of changing to the 1,644
primary-election method of nominating persons as candidates for 1,645
election as officers of the municipal corporation. The ballot 1,646
language shall be substantially as follows: 1,647
"Shall candidates for election as officers of ............ 1,649
(name of municipal corporation) in the county of ............ 1,650
(name of county) be nominated as candidates of political parties? 1,651
........ yes 1,653
........ no" 1,655
The question shall be placed on the ballot at the next 1,657
general election in an even-numbered year occurring at least 1,658
seventy-five days after the petition is filed with the board. If 1,659
a majority of the electors voting on the question vote in the 1,660
affirmative, candidates for election as officers of the municipal 1,661
corporation shall thereafter be nominated as candidates of 1,662
political parties in primary elections, under division (A) of 1,663
this section, unless a change in the manner of nominating persons 1,664
as candidates for election as officers of the municipal 1,665
corporation is made under division (E) of this section. 1,666
(E)(1) The electors in a township or municipal corporation 1,668
in which the township or municipal officers are nominated as 1,669
candidates of political parties in a primary election may place 1,670
on the ballot, in the manner prescribed in division (E)(2) of 1,671
this section, the question of changing to the nonpartisan method 1,672
40
of nominating persons as candidates for election as officers of 1,673
the township or municipal corporation. 1,674
(2) The board of elections of the county within which the 1,676
township or municipal corporation is located, or, if the 1,677
municipal corporation is located in more than one county, of the 1,678
county within which the major portion of the population of the 1,679
municipal corporation is located, shall, upon receipt of a 1,680
petition signed by electors of the township or municipal 1,681
corporation equal in number to at least ten per cent of the vote 1,682
cast at the last regular township or municipal election, as 1,683
appropriate, submit to the electors of the township or municipal 1,684
corporation, as appropriate, the question of changing to the 1,685
nonpartisan method of nominating persons as candidates for 1,686
election as officers of the township or municipal corporation. 1,687
The ballot language shall be substantially as follows: 1,688
"Shall candidates for election as officers of ............ 1,690
(name of the township or municipal corporation) in the county of 1,691
............ (name of county) be nominated as candidates by 1,692
nominating petition and be elected only in a nonpartisan 1,693
election? 1,694
........ yes 1,696
........ no" 1,698
The question shall appear on the ballot at the next general 1,700
election in an even-numbered year occurring at least seventy-five 1,701
days after the petition is filed with the board. If a majority 1,702
of electors voting on the question vote in the affirmative, 1,703
candidates for officer of the township or municipal corporation 1,704
shall thereafter be nominated by nominating petition and be 1,705
elected only in a nonpartisan election, unless a change in the 1,706
manner of nominating persons as candidates for election as 1,707
officers of the township or municipal corporation is made under 1,708
division (C) or (D) of this section. 1,709
Sec. 3513.05. Each person desiring to become a candidate 1,718
for a party nomination or for election to an office or position 1,719
41
to be voted for at a primary election, except persons desiring to 1,720
become joint candidates for the offices of governor and 1,721
lieutenant governor, shall, not later than four p.m. of the 1,722
seventy-fifth day before the day of the primary election, or if 1,723
the primary election is a presidential primary election, not 1,724
later than four p.m. of the sixtieth day before the day of the 1,725
presidential primary election, file a declaration of candidacy 1,726
and petition and pay the fees required under divisions (A) and 1,728
(B) of section 3513.10 of the Revised Code. The declaration of 1,729
candidacy and all separate petition papers shall be filed at the 1,730
same time as one instrument. When the offices are to be voted 1,731
for at a primary election, persons desiring to become joint 1,732
candidates for the offices of governor and lieutenant governor 1,733
shall, not later than four p.m. of the seventy-fifth day before 1,734
the day of the primary election, comply with section 3513.04 of 1,735
the Revised Code. The prospective joint candidates' declaration 1,736
of candidacy and all separate petition papers of candidacies 1,737
shall be filed at the same time, as one instrument. 1,738
If the declaration of candidacy declares a candidacy which 1,740
is to be submitted to electors throughout the entire state, the 1,741
petition, including a petition for joint candidates for the 1,742
offices of governor and lieutenant governor, shall be signed by 1,743
at least one thousand qualified electors who are members of the 1,744
same political party as the candidate or joint candidates and the 1,745
declaration of candidacy and petition shall be filed with the 1,746
secretary of state; provided that the secretary of state shall 1,747
not accept or file any such petition appearing on its face to 1,748
contain signatures of more than three thousand electors. 1,749
Except as otherwise provided in this paragraph, if the 1,751
declaration of candidacy is of one that is to be submitted only 1,752
to electors within a district, political subdivision, or portion 1,753
thereof OF A DISTRICT OR POLITICAL SUBDIVISION, the petition 1,754
shall be signed by not less than fifty qualified electors who are 1,756
members of the same political party as the political party of 1,757
42
which the candidate is a member. If the declaration of candidacy 1,758
is for party nomination as a candidate for member of the 1,759
legislative authority of a municipal corporation elected by ward, 1,760
the petition shall be signed by not less than twenty-five 1,761
qualified electors who are members of the political party of 1,762
which the candidate is a member.
No such petition, except the petition for a candidacy that 1,764
is to be submitted to electors throughout the entire state, shall 1,765
be accepted for filing if it appears to contain on its face 1,766
signatures of more than three times the minimum number of 1,767
signatures. When a petition of a candidate has been accepted for 1,768
filing by a board of elections, the petition shall not be deemed 1,769
invalid if, upon verification of signatures contained in the 1,770
petition, the board of elections finds the number of signatures 1,771
accepted exceeds three times the minimum number of signatures 1,772
required. A board of elections may discontinue verifying 1,773
signatures on petitions when the number of verified signatures 1,774
equals the minimum required number of qualified signatures. 1,775
If the declaration of candidacy declares a candidacy for 1,777
party nomination or for election as a candidate of an 1,778
intermediate or minor party, the minimum number of signatures on 1,779
such petition is one-half the minimum number provided in this 1,780
section, except that when the candidacy is one for election as a 1,781
member of the state central committee or the county central 1,782
committee of a political party the minimum number shall be the 1,783
same for an intermediate or minor party as for a major party. 1,784
If a declaration of candidacy is one for election as a 1,786
member of the state central committee or the county central 1,787
committee of a political party, the petition shall be signed by 1,788
five qualified electors of the district, county, ward, township, 1,789
or precinct within which electors may vote for such candidate. 1,790
The electors signing such petition shall be members of the same 1,791
political party as the political party of which the candidate is 1,792
a member. 1,793
43
For purposes of signing or circulating a petition of 1,795
candidacy for party nomination or election, an elector is 1,796
considered to be a member of a political party if the elector 1,797
voted in that party's primary election within the preceding two 1,799
calendar years, or if the elector did not vote in any other 1,800
party's primary election within the preceding two calendar years. 1,801
If the declaration of candidacy is of one that is to be 1,803
submitted only to electors within a county, or within a district 1,804
or subdivision or part thereof OF A DISTRICT OR SUBDIVISION 1,805
smaller than a county, the petition shall be filed with the board 1,807
of elections of the county. If the declaration of candidacy is 1,808
of one that is to be submitted only to electors of a district or 1,809
subdivision or part thereof OF A DISTRICT OR SUBDIVISION that is 1,810
situated in more than one county, the petition shall be filed 1,812
with the board of elections of the county within which the major 1,813
portion of the population thereof, as ascertained by the next 1,814
preceding federal census, is located.
A petition shall consist of separate petition papers, each 1,816
of which shall contain signatures of electors of only one county. 1,817
Petitions or separate petition papers containing signatures of 1,818
electors of more than one county shall not thereby FOR THAT 1,819
REASON be declared invalid. In case IF petitions or separate 1,821
petition papers containing signatures of electors of more than 1,822
one county are filed, the board shall determine the county from 1,823
which the majority of signatures came, and only signatures from 1,824
such county shall be counted. Signatures from any other county 1,825
shall be invalid. 1,826
Each separate petition paper shall be circulated by one 1,828
person only, who shall be the candidate or a joint candidate or a 1,829
member of the same political party as the candidates, and each 1,830
separate petition paper shall be governed by the rules set forth 1,831
in section 3501.38 of the Revised Code. 1,832
The secretary of state shall promptly transmit to each 1,834
board such separate petition papers of each petition accompanying 1,835
44
a declaration of candidacy filed with him THE SECRETARY OF STATE 1,836
as purport to contain signatures of electors of the county of 1,838
such board. The board of the most populous county of a district 1,839
shall promptly transmit to each board within such district such 1,840
separate petition papers of each petition accompanying a 1,841
declaration of candidacy filed with it as purport to contain 1,842
signatures of electors of the county of each such board. The 1,843
board of a county within which the major portion of the 1,844
population of a subdivision, situated in more than one county, is 1,845
located, shall promptly transmit to the board of each other 1,846
county within which a portion of such subdivision is located such 1,847
separate petition papers of each petition accompanying a 1,848
declaration of candidacy filed with it as purport to contain 1,849
signatures of electors of the portion of such subdivision in the 1,850
county of each such board.
All petition papers so transmitted to a board and all 1,852
petitions accompanying declarations of candidacy filed with such 1,853
board shall, under proper regulations, be open to public 1,854
inspection until four p.m. of the seventieth day before the day 1,855
of the next primary election, or if that next primary election is 1,856
a presidential primary election, the fifty-fifth day before that 1,857
presidential primary election. Each board shall, not later than 1,858
the sixty-eighth day before the day of such primary election, or 1,859
if the primary election is a presidential primary election, not 1,860
later than the fifty-third day before such presidential primary 1,861
election, examine and determine the validity or invalidity of the 1,862
signatures on the petition papers so transmitted to or filed with 1,863
it and shall return to the secretary of state all petition papers 1,864
transmitted to it by the secretary of state, together with its 1,865
certification of its determination as to the validity or 1,866
invalidity of signatures thereon, and shall return to each other 1,867
board all petition papers transmitted to it by such board, 1,868
together with its certification of its determination as to the 1,869
validity or invalidity of the signatures thereon. All other 1,870
45
matters affecting the validity or invalidity of such petition 1,871
papers shall be determined by the secretary of state or the board 1,872
with whom such petition papers were filed. 1,873
Protests against the candidacy of any person filing a 1,875
declaration of candidacy for party nomination or for election to 1,876
an office or position, as provided in this section, may be filed 1,877
by any qualified elector who is a member of the same political 1,878
party as the candidate and who is eligible to vote at the primary 1,879
election for the candidate whose declaration of candidacy he THE 1,880
ELECTOR objects to, or by the controlling committee of such 1,882
party. Such protest must be in writing, and must be filed not 1,883
later than four p.m. of the sixty-fourth day before the day of 1,884
the primary election, or if the primary election is a 1,885
presidential primary election, not later than four p.m. of the 1,886
forty-ninth day before the day of the presidential primary 1,887
election. Such protest shall be filed with the election 1,888
officials with whom the declaration of candidacy and petition was 1,889
filed. Upon the filing of such protest the election officials 1,890
with whom it is filed shall promptly fix the time for hearing it, 1,891
and shall forthwith mail notice of the filing of such protest and 1,892
the time fixed for hearing to the person whose candidacy is so 1,893
protested. They shall also forthwith mail notice of the time 1,894
fixed for such hearing to the person who filed the protest. At 1,895
the time fixed such election officials shall hear the protest and 1,896
determine the validity or invalidity of the declaration of 1,897
candidacy and petition. If they find that such candidate is not 1,898
an elector of the state, district, county, or political 1,899
subdivision in which the candidate seeks a party nomination or 1,900
election to an office or position, or has not fully complied with 1,902
this chapter, the candidate's declaration of candidacy and 1,904
petition shall be determined to be invalid and shall be rejected, 1,905
otherwise it shall be determined to be valid. Such determination 1,906
shall be final.
A protest against the candidacy of any persons filing a 1,908
46
declaration of candidacy for joint party nomination to the 1,909
offices of governor and lieutenant governor shall be filed, 1,910
heard, and determined in the same manner as a protest against the 1,911
candidacy of any person filing a declaration of candidacy singly. 1,912
The secretary of state shall, on the sixtieth day before 1,914
the day of a primary election, or if the primary election is a 1,915
presidential primary election, on the forty-fifth day before the 1,916
day of the presidential primary election, certify to each board 1,917
in the state the forms of the official ballots to be used at such 1,918
primary election, together with the names of the candidates to be 1,919
printed thereon ON THE BALLOTS whose nomination or election is to 1,921
be determined by electors throughout the entire state and who 1,922
filed valid declarations of candidacy and petitions. 1,923
The board of the most populous county in a district 1,925
comprised of more than one county but less than all of the 1,926
counties of the state shall, on the sixtieth day before the day 1,927
of a primary election, or if the primary election is a 1,928
presidential primary election, on the forty-fifth day before the 1,929
day of a presidential primary election, certify to the board of 1,930
each county in the district the names of the candidates to be 1,931
printed on the official ballots to be used at such primary 1,932
election, whose nomination or election is to be determined only 1,933
by electors within such district and who filed valid declarations 1,934
of candidacy and petitions. 1,935
The board of a county within which the major portion of the 1,937
population of a subdivision smaller than the county and situated 1,938
in more than one county is located shall, on the sixtieth day 1,939
before the day of a primary election, or if the primary election 1,940
is a presidential primary election, on the forty-fifth day before 1,941
the day of a presidential primary election, certify to the board 1,942
of each county in which a portion of such subdivision is located 1,943
the names of the candidates to be printed on the official ballots 1,944
to be used at such primary election, whose nomination or election 1,945
is to be determined only by electors within such subdivision and 1,946
47
who filed valid declarations of candidacy and petitions. 1,947
Sec. 3513.12. At a presidential THE primary election, 1,956
which shall be held on the third FIRST Tuesday AFTER THE FIRST 1,958
MONDAY in March MAY in the year 1996 2000, and similarly in every 1,960
fourth year thereafter, delegates and alternates to the national 1,961
conventions of the different major political parties shall be 1,962
chosen by direct vote of the electors as provided in this 1,963
chapter. Candidates for delegate and alternate shall be 1,964
qualified and the election shall be conducted in the manner 1,965
prescribed in this chapter for the nomination of candidates for 1,966
state and district offices, except as provided in section 1,967
3513.151 of the Revised Code and except that whenever any group 1,968
of candidates for delegate at large or alternate at large, or any 1,969
group of candidates for delegates or alternates from districts, 1,970
file with the secretary of state statements as provided by this 1,971
section, designating the same persons as their first and second 1,972
choices for president of the United States, such a group of 1,973
candidates may submit a group petition containing a declaration 1,974
of candidacy for each of such candidates. The group petition 1,975
need be signed only by the number of electors required for the 1,976
petition of a single candidate. No group petition shall be 1,977
submitted except by a group of candidates equal in number to the 1,978
whole number of delegates at large or alternates at large to be 1,979
elected or equal in number to the whole number of delegates or
alternates from a district to be elected. 1,980
Each person seeking to be elected as delegate or alternate 1,982
to the national convention of his THE PERSON'S political party 1,983
shall file with his THE PERSON'S declaration of candidacy and 1,985
certificate a statement in writing signed by him THE PERSON in 1,987
which he THE PERSON shall state his THE PERSON'S first and second 1,989
choices for nomination as the candidate of his THE PERSON'S party 1,990
for the presidency of the United States. The secretary of state 1,991
shall not permit any declaration of candidacy and certificate of 1,992
a candidate for election as such delegate or alternate to be 1,993
48
filed unless accompanied by such statement in writing. The name 1,994
of a candidate for the presidency shall not be so used without 1,995
his THE CANDIDATE'S written consent. 1,996
A person who is a first choice for president of candidates 1,998
seeking election as delegates and alternates shall file with the 1,999
secretary of state, prior to the day of the election, a list 2,000
indicating the order in which certificates of election are to be 2,001
issued to delegate or alternate candidates to whose candidacy he 2,002
THE PERSON has consented, if fewer than all of such candidates 2,004
are entitled under party rules to be certified as elected. Each 2,005
candidate for election as such delegate or alternate may also 2,006
file along with his THE CANDIDATE'S declaration of candidacy and 2,007
certificate a statement in writing signed by him THE CANDIDATE in 2,009
the following form:
"Statement of Candidate 2,012
For Election as ............ (Delegate) (Alternate) to the 2,014
............ (name of political party) National Convention 2,016
I hereby declare to the voters of my political party in the 2,018
State of Ohio that, if elected as ............ (delegate) 2,019
(alternate) to their national party convention, I shall, to the 2,020
best of my judgment and ability, support that candidate for 2,021
President of the United States who shall have been selected at 2,022
this primary by the voters of my party in the manner provided in 2,023
Chapter 3513. of the Ohio Revised Code, as their candidate for 2,024
such office. 2,025
.............................. 2,027
(name), Candidate for ........ 2,028
(Delegate) (Alternate)" 2,029
The procedures for the selection of candidates for delegate 2,032
and alternate to the national convention of a political party set 2,033
forth in this section and in section 3513.121 of the Revised Code 2,034
are alternative procedures, and if the procedures of this section 2,035
are followed, the procedures of section 3513.121 of the Revised 2,036
Code need not be followed. 2,037
49
Sec. 3513.121. (A) Any candidate for the presidency of 2,046
the United States who is eligible to receive payments under the 2,047
"Presidential Primary Matching Payment Account Act," 88 Stat. 2,048
1297 (1974), 26 U.S.C.A. 9031, et seq., as amended, may file with 2,049
the secretary of state a declaration of candidacy not later than 2,050
four p.m. of the sixtieth SEVENTY-FIFTH day before the 2,051
presidential primary election held in the same year the candidate 2,053
is eligible to receive such payments. The candidate shall 2,054
indicate on his THE CANDIDATE'S declaration of candidacy the 2,056
congressional districts in this state where his THE CANDIDATE'S 2,057
candidacy is to be submitted to the electors. Any candidate who 2,059
files a declaration of candidacy pursuant to this division shall 2,060
also file, or shall cause to be filed by a person authorized in 2,061
writing to represent him THE CANDIDATE, not later than four p.m. 2,063
of the sixtieth SEVENTY-FIFTH day before the same primary 2,064
election, a list of candidates for district delegate and 2,065
alternate to the national convention of his THE CANDIDATE'S 2,066
political party who have been selected in accordance with rules 2,068
adopted by the state central committee of his THE CANDIDATE'S 2,069
political party. The candidates for district delegate and 2,070
alternate whose names appear on this list shall be represented on 2,071
the ballot in accordance with section 3513.151 of the Revised 2,072
Code in every congressional district that the presidential 2,073
candidate named in his THE PRESIDENTIAL CANDIDATE'S declaration 2,074
of candidacy, provided that such candidates meet the other 2,076
requirements of this section.
(B) Candidates for delegate at large and alternate at 2,078
large to the national convention of a political party for a 2,079
presidential candidate who submits a declaration of candidacy in 2,080
accordance with division (A) of this section shall be selected in 2,081
accordance with rules adopted by the state central committee of 2,082
the presidential candidate's political party. 2,083
(C) Each candidate for district delegate and alternate to 2,085
the national convention of a political party selected pursuant to 2,086
50
division (A) of this section shall file or shall cause to be 2,087
filed with the secretary of state, not later than four p.m. of 2,088
the sixtieth SEVENTY-FIFTH day before the presidential primary 2,089
election in which he THE PERSON is a candidate, both of the 2,091
following:
(1) A declaration of candidacy in the form prescribed in 2,093
section 3513.07 of the Revised Code, but not the petition 2,094
prescribed in that section; 2,095
(2) A statement in writing signed by the candidate in 2,097
which he THE CANDIDATE states his THE CANDIDATE'S first and 2,099
second choices for nomination as the candidate of his THE 2,100
CANDIDATE'S party for the presidency of the United States. 2,102
(D) A declaration of candidacy filed pursuant to division 2,104
(A) of this section shall be in substantially the form prescribed 2,105
in section 3513.07 of the Revised Code except that the secretary 2,106
of state shall modify that form to include spaces for a 2,107
presidential candidate to indicate in which congressional 2,108
districts he THE CANDIDATE wishes his THE CANDIDATE'S candidacy 2,110
to be submitted to the electors and shall modify it in any other 2,111
ways necessary to adapt it to use by presidential candidates. A 2,112
candidate who files a declaration of candidacy pursuant to 2,113
division (A) of this section shall not file the petition 2,114
prescribed in section 3513.07 of the Revised Code. 2,115
(E) Section 3513.151 of the Revised Code applies in regard 2,117
to candidates for delegate and alternate to the national 2,118
convention of a political party selected pursuant to this 2,119
section. The state central committee of the political party of 2,120
any presidential candidate who files a declaration of candidacy 2,121
pursuant to division (A) of this section shall file with the 2,122
secretary of state the rules of its political party in accordance 2,123
with division (E) of section 3513.151 of the Revised Code. 2,124
(F) The procedures for the selection of candidates for 2,126
delegate and alternate to the national convention of a political 2,127
party set forth in this section and in section 3513.12 of the 2,128
51
Revised Code are alternative procedures, and if the procedures of 2,129
this section are followed, the procedures of section 3513.12 of 2,130
the Revised Code need not be followed. 2,131
Sec. 3513.151. (A) Candidates for delegate and alternate 2,140
to the national convention of a political party shall be 2,141
represented on the ballot, or their names shall appear on the 2,142
ballot, in accordance with this section, but only in a manner 2,143
that enables an elector to record the vote in the space provided 2,145
for it by the name of the first choice for president so that the 2,146
recording of the vote is counted as a vote cast for each 2,148
candidate for delegate or alternate who has declared such person 2,149
as that candidate's first choice for president. 2,151
(B) The names of candidates for delegate at large and 2,153
alternate at large to the national convention of a political 2,154
party shall not appear on the ballot. Such candidates shall be 2,155
represented on the ballot by their stated first choice for 2,156
president. 2,157
(C) The state central committee of each major political 2,159
party, through its chairperson, not later than sixty SEVENTY-FIVE 2,161
days prior to the date of the presidential primary election, 2,162
shall file with the secretary of state a statement that 2,163
stipulates, in accordance with rules adopted by each state 2,164
central committee at a meeting open to all members of the 2,165
committee's party, whether or not the names of candidates for 2,166
district delegate and district alternate to the national 2,167
convention of that chairpersons's CHAIRPERSON'S party are to be 2,168
printed on the ballot. The secretary of state shall prescribe 2,170
the form of the ballot for the election of district delegates and 2,171
district alternates of each political party in accordance with 2,172
such statement. If the state central committee of a political 2,173
party fails to so provide such statement, the secretary of state 2,174
shall prescribe a form of ballot on which the names of candidates 2,175
for delegate and alternate to such national convention do not 2,176
appear on the ballot. Only the names of the presidential first 2,177
52
choices of such candidates for delegates and alternates shall 2,178
appear on the ballot. If only the names of presidential first 2,179
choices are printed, the ballot shall provide the opportunity for 2,180
an elector to record the vote in the appropriate space provided 2,181
beside such names and such a vote cast shall be counted as a vote 2,183
for each candidate for delegate and alternate who has declared 2,184
such person as that candidate's first choice for president. 2,185
If the number of candidates for district delegate or for 2,187
district alternate to the national convention of a political 2,188
party exceeds the number to be elected, the names of such 2,189
candidates, when required to appear on the ballot, shall not be 2,190
rotated, but shall be printed in a group on the ballot in 2,191
alphabetical order immediately below or beside first choice for 2,192
president. This form of the ballot shall be prescribed by the 2,193
secretary OF STATE so that the recording of the vote in the space 2,195
provided beside the name of such choice for president shall be a 2,196
vote for each candidate whose name is included in the grouping. 2,197
(D) Candidates, grouped by first choice for president, 2,199
shall be rotated in the same manner as though each grouping were 2,200
a separate candidate. As many series of ballots shall be printed 2,201
as the number of groups to be rotated, with the total number of 2,202
ballots to be printed divided by the number of series to be 2,203
printed in order to determine the number of ballots to be printed 2,204
of each series. On the first series of ballots, the candidates 2,205
shall be alphabetically grouped by their first choice for 2,206
president. On each succeeding series, the group of candidates 2,207
that was the first in the preceding series shall be last and each 2,210
of the other groups shall be moved up one place. The ballots 2,211
shall be rotated and printed as provided in section 3505.03 of 2,212
the Revised Code, except that no indication of membership in or 2,213
affiliation with a political party shall be printed after or 2,214
under the candidate's name.
(E) The state central committee of each major political 2,216
party, through its chairperson, not later than the fifteenth day 2,218
53
prior to the date of the presidential primary election, shall 2,219
file with the secretary of state the rules of its political party 2,220
adopted by the state central committee at a meeting open to all 2,221
members of the committee's party, which affect the issuance of 2,222
certificates of election to candidates for delegate or alternate 2,223
to its party nominating convention, and the secretary of state 2,224
shall issue certificates of election in accordance with such 2,225
rules. 2,226
(F) If party rules prescribe that fewer than all such 2,228
candidates for delegate and alternate are to be elected, 2,229
certificates of election shall be issued in the order preferred 2,230
by the first choice for president and in such numbers that the 2,231
number of delegates and alternates certified as elected reflects, 2,232
as nearly as possible, the proportion to be elected under the 2,233
party rules. 2,234
(G) If the state central committee of a political party 2,236
fails to file the rules with the secretary of state pursuant to 2,237
this section, certificates of election shall be issued to the 2,238
candidates for delegate and alternate receiving the highest 2,239
number of votes. 2,240
Sec. 3513.262. The nominating petitions of all candidates 2,249
required to be filed before four p.m. of the day before the day 2,250
of the primary election immediately preceding the general 2,251
election shall be processed as follows: 2,252
If such petition is filed with the secretary of state, he 2,254
THE SECRETARY OF STATE shall, not later than the fifteenth day of 2,256
June following the filing of such petition, or if the primary 2,257
election was a presidential primary election, not later than the 2,258
end of the sixth week after the day of that election, transmit to 2,259
each board such separate petition papers as purport to contain 2,260
signatures of electors of the county of such board. If such 2,261
petition is filed with the board of the most populous county of a 2,262
district or of a county in which the major portion of the 2,263
population of a subdivision is located, such board shall, not 2,264
54
later than the fifteenth day of June, or if the primary election 2,265
was a presidential primary election, not later than the end of 2,266
the sixth week after the day of that election, transmit to each 2,267
board within such district such separate petition papers of the 2,268
petition as purport to contain signatures of electors of the 2,269
county of such board. 2,270
All petition papers so transmitted to a board and all 2,272
nominating petitions filed with a board shall, under proper 2,273
regulations, be open to public inspection from the fifteenth day 2,274
of June until four p.m. of the thirtieth day of that month, or if 2,275
the primary election was a presidential primary election, from 2,276
the end of the sixth week after the election until four p.m. of 2,277
the end of the seventh week after the election. Each board 2,278
shall, not later than the next fifteenth day of July, or if the 2,279
primary election was a presidential primary election, not later 2,280
than the end of the tenth week after the day of that election, 2,281
examine and determine the sufficiency of the signatures on the 2,282
petition papers transmitted to or filed with it, and the validity 2,283
of the petitions filed with it, and shall return to the secretary 2,284
of state all petition papers transmitted to it by him THE 2,285
SECRETARY OF STATE, together with its certification of its 2,287
determination as to the validity or invalidity of signatures 2,288
thereon ON THE PETITION PAPERS, and shall return to each other 2,289
board all petition papers transmitted to it by such other board, 2,290
as provided in this section, together with its certification of 2,291
its determination as to the validity or invalidity of signatures 2,292
thereon ON THE PETITION PAPERS. All other matters affecting the 2,293
validity or invalidity of such petition papers shall be 2,295
determined by the secretary of state or the board with whom such 2,296
petition papers were filed.
Written protests against nominating petitions may be filed 2,298
by any qualified elector eligible to vote for the candidate whose 2,299
nominating petition he THE ELECTOR objects to, not later than 2,300
four p.m. of the thirtieth day of July, or if the primary 2,302
55
election was a presidential primary election, not later than the 2,303
end of the twelfth week after the day of that election. Such 2,304
protests shall be filed with the election officials with whom the 2,305
nominating petition was filed. Upon the filing of such protest, 2,306
the election officials with whom it is filed shall promptly fix 2,307
the time and place for hearing it, and shall forthwith mail 2,308
notice of the filing of such protest and the time and place for 2,309
hearing it to the person whose nomination is protested. They 2,310
shall also forthwith mail notice of the time and place fixed for 2,311
the hearing to the person who filed the protest. At the time 2,312
fixed, such election officials shall hear the protest and 2,313
determine the validity or invalidity of the petition. Such 2,314
determination shall be final. 2,315
A protest against the nominating petition filed by joint 2,317
candidates for the offices of governor and lieutenant governor 2,318
shall be filed, heard, and determined in the same manner as a 2,319
protest against the nominating petition of a candidate who files 2,320
by himself INDIVIDUALLY. 2,321
Sec. 3513.30. (A)(1) Where only one valid declaration of 2,330
candidacy is filed for nomination as a candidate of a political 2,331
party for an office and such candidate dies prior to the tenth 2,332
day before the primary election, both of the following may occur: 2,334
(a) The political party whose candidate died may fill the 2,336
vacancy so created as provided in division (A)(2) of this 2,338
section. 2,339
(b) Any major political party other than the one whose 2,341
candidate died may select a candidate as provided in division 2,342
(A)(2) of this section under either of the following 2,343
circumstances: 2,344
(i) No person has filed a valid declaration of candidacy 2,346
for nomination as that party's candidate at the primary election. 2,347
(ii) Only one person has filed a valid declaration of 2,349
candidacy for nomination as that party's candidate at the primary 2,350
election, that person has withdrawn or died, and the vacancy so 2,352
56
created has not been filled.
(2) A vacancy may be filled under division (A)(1)(a) and a 2,355
selection may be made under division (A)(1)(b) of this section by 2,357
the appropriate committee of the political party in the same
manner as provided in divisions (A) through (E) of section 2,359
3513.31 of the Revised Code for the filling of similar vacancies 2,360
created by withdrawals after the primary election, except that 2,361
the certification required under that section may not be filed 2,363
with the secretary of state, or with a board of the most populous 2,364
county of a district, or with the board of a county in which the 2,365
major portion of the population of a subdivision is located, 2,366
later than four p.m. of the tenth day before the day of such 2,367
primary election, or with any other board later than four p.m. of 2,369
the fifth day before the day of such primary election.
(3) If only one valid declaration of candidacy is filed 2,372
for nomination as a candidate of a political party for an office 2,373
and that candidate dies on or after the tenth day before the day 2,374
of the primary election, that candidate is considered to have 2,375
received the nomination of that candidate's political party at
that primary election, and, for purposes of filling the vacancy 2,376
so created, that candidate's death shall be treated as if that 2,377
candidate died on the day after the day of the primary election. 2,378
(B) Any person filing a declaration of candidacy may 2,380
withdraw as such candidate at any time prior to the primary 2,381
election, or, if the primary election is a presidential primary 2,383
election, at any time prior to the fiftieth day before the 2,384
presidential primary election. The withdrawal shall be effected 2,385
and the statement of withdrawal shall be filed in accordance with 2,386
the procedures prescribed in division (D) of this section for the 2,388
withdrawal of persons nominated in a primary election or by 2,389
nominating petition.
(C) A person who is the first choice for president of the 2,392
United States by a candidate for delegate or alternate to a 2,393
national convention of a political party may withdraw consent for 2,395
57
the selection of the person as such first choice no later than 2,396
four p.m. of the thirtieth day before the day of the presidential 2,398
primary election. Withdrawal of consent shall be for the entire 2,399
slate of candidates for delegates and alternates who named such 2,400
person as their presidential first choice and shall constitute 2,401
withdrawal from the primary election by such delegates and 2,402
alternates. The withdrawal shall be made in writing and 2,403
delivered to the secretary of state. The boards of elections 2,404
shall remove both the name of the withdrawn first choice and the 2,405
names of such withdrawn candidates from the ballots to the extent 2,406
practicable in the time remaining before the election and 2,407
according to the directions of the secretary of state. If such 2,408
names are not removed from all ballots before the day of the 2,409
election, the votes for the withdrawn first choice or candidates 2,410
are void and shall not be counted. 2,411
(D) Any person nominated in a primary election or by 2,413
nominating petition as a candidate for election at the next 2,415
general election may withdraw as such candidate at any time prior 2,416
to the general election. Such withdrawal may be effected by the 2,419
filing of a written statement by such candidate announcing the 2,420
candidate's withdrawal and requesting that the candidate's name 2,421
not be printed on the ballots. If such candidate's declaration 2,423
of candidacy or nominating petition was filed with the secretary 2,424
of state, the candidate's statement of withdrawal shall be 2,425
addressed to and filed with the secretary of state. If such 2,426
candidate's declaration of candidacy or nominating petition was 2,427
filed with a board of elections, the candidate's statement of 2,429
withdrawal shall be addressed to, and filed with such board. 2,430
(E) When a person withdraws under division (B) or (D) of 2,433
this section, the board of elections shall remove the name of the 2,434
withdrawn candidate from the ballots to the extent practicable in 2,435
the time remaining before the election and according to the 2,436
directions of the secretary of state. If the name is not removed 2,437
from all ballots before the day of the election, the votes for 2,438
58
the withdrawn candidate are void and shall not be counted. 2,439
Sec. 5705.191. The taxing authority of any subdivision, 2,448
other than the board of education of a school district or the 2,449
taxing authority of a county school financing district, by a vote 2,450
of two-thirds of all its members, may declare by resolution that 2,451
the amount of taxes that may be raised within the ten-mill 2,452
limitation by levies on the current tax duplicate will be 2,453
insufficient to provide an adequate amount for the necessary 2,454
requirements of the subdivision, and that it is necessary to levy 2,455
a tax in excess of such limitation for any of the purposes in 2,456
section 5705.19 of the Revised Code, or to supplement the general 2,457
fund for the purpose of making appropriations for one or more of 2,458
the following purposes: public assistance, human or social 2,459
services, relief, welfare, hospitalization, health, and support 2,460
of general or tuberculosis hospitals, and that the question of 2,461
such additional tax levy shall be submitted to the electors of 2,462
the subdivision at a general, primary, or special election to be 2,463
held at a time therein specified IN THE RESOLUTION. Such 2,464
resolution shall not include a levy on the current tax list and 2,466
duplicate unless such election is to be held at or prior to the 2,467
general election day of the current tax year. Such resolution 2,469
shall conform to the requirements of section 5705.19 of the 2,470
Revised Code, except that a levy to supplement the general fund 2,471
for the purposes of public assistance, human or social services, 2,472
relief, welfare, hospitalization, health, or the support of 2,473
general or tuberculosis hospitals may not be for a longer period 2,474
than ten years. All other levies under this section may not be 2,475
for a longer period than five years unless a longer period is 2,476
permitted by section 5705.19 of the Revised Code, and the 2,477
resolution shall specify the date of holding such election, which 2,478
shall not be earlier than seventy-five days after the adoption 2,479
and certification of such resolution. The resolution shall go 2,480
into immediate effect upon its passage and no publication of the 2,481
same is necessary other than that provided for in the notice of 2,482
59
election. A copy of such resolution, immediately after its 2,483
passage, shall be certified to the board of elections of the 2,484
proper county or counties in the manner provided by section 2,485
5705.25 of the Revised Code, and such section shall govern the 2,486
arrangements for the submission of such question and other 2,487
matters with respect to such election, to which section 5705.25 2,488
of the Revised Code refers, excepting that such election shall be 2,489
held on the date specified in the resolution, which shall be 2,490
consistent with the requirements of section 3501.01 of the 2,491
Revised Code, provided that only one special election for the
submission of such question may be held in any one calendar year 2,492
and provided that a special election may be held upon the same 2,493
day a primary election is held. Publication of notice of such 2,494
election shall be made in one or more newspapers of general 2,495
circulation in the county once a week for four consecutive weeks. 2,496
If a majority of the electors voting on the question in an 2,498
election held on the day of a primary, presidential primary, or 2,499
general election, or fifty-five per cent of those voting on the 2,500
question at a special election held on any other day vote in 2,501
favor thereof OF THE QUESTION, or, when the question is a levy 2,503
proposed for purposes under division (L) of section 5705.19 of 2,504
the Revised Code, if a majority of those voting on the question 2,505
at a special election held on any other day vote in favor thereof 2,506
OF THE QUESTION, the taxing authority of the subdivision may make 2,508
the necessary levy within such subdivision at the additional rate 2,509
or at any lesser rate outside the ten-mill limitation on the tax 2,510
list and duplicate for the purpose stated in the resolution. 2,511
Such tax levy shall be included in the next annual tax budget 2,512
that is certified to the county budget commission. 2,513
After the approval of such a levy by the electors, the 2,517
taxing authority of the subdivision may anticipate a fraction of 2,519
the proceeds of such levy and issue anticipation notes. In the 2,520
case of a continuing levy that is not levied for the purpose of
current expenses, notes may be issued at any time after approval 2,521
60
of the levy in an amount not more than fifty per cent of the 2,523
total estimated proceeds of the levy for the succeeding ten 2,524
years, less an amount equal to the fraction of the proceeds of 2,525
the levy previously anticipated by the issuance of anticipation 2,527
notes. In the case of a levy for a fixed period that is not for 2,528
the purpose of current expenses, notes may be issued at any time 2,529
after approval of the levy in an amount not more than fifty per 2,530
cent of the total estimated proceeds of the levy throughout the 2,531
remaining life of the levy, less an amount equal to the fraction 2,532
of the proceeds of the levy previously anticipated by the 2,533
issuance of anticipation notes. In the case of a levy for 2,534
current expenses, notes may be issued after the approval of the 2,535
levy by the electors and prior to the time when the first tax 2,536
collection from the levy can be made. Such notes may be issued 2,537
in an amount not more than fifty per cent of the total estimated 2,538
proceeds of the levy throughout the term of the levy in the case 2,539
of a levy for a fixed period, or fifty per cent of the total 2,540
estimated proceeds for the first ten years of the levy in the 2,541
case of a continuing levy.
No anticipation notes that increase the net indebtedness of 2,544
a county may be issued without the prior consent of the board of 2,545
county commissioners of that county. The notes shall be issued 2,546
as provided in section 133.24 of the Revised Code, shall have 2,547
principal payments during each year after the year of their 2,548
issuance over a period not exceeding the life of the levy 2,549
anticipated, and may have a principal payment in the year of 2,550
their issuance.
"Taxing authority" and "subdivision" have the same meanings 2,552
as in section 5705.01 of the Revised Code. 2,553
This section is supplemental to and not in derogation of 2,555
sections 5705.20, 5705.21, and 5705.22 of the Revised Code. 2,556
Sec. 5705.23. The board of library trustees of any county, 2,565
municipal corporation, school district, or township public 2,566
library by a vote of two-thirds of all its members may at any 2,567
61
time declare by resolution that the amount of taxes which may be 2,568
raised within the ten-mill limitation by levies on the current 2,569
tax duplicate will be insufficient to provide an adequate amount 2,570
for the necessary requirements of the public library, that it is 2,571
necessary to levy a tax in excess of such limitation for current 2,572
expenses of the public library or for the construction of any 2,573
specific permanent improvement or class of improvements which the 2,574
board of library trustees is authorized to make or acquire and 2,575
which could be included in a single issue of bonds, and that the 2,576
question of such additional tax levy shall be submitted by the 2,577
taxing authority of the political subdivision to whose 2,578
jurisdiction the board is subject, to the electors of the 2,579
subdivision, or, if the resolution so states, to the electors 2,580
residing within the boundaries of the library district, as 2,581
defined by the state library board pursuant to section 3375.01 of 2,582
the Revised Code, on the day specified by division (E) of section 2,583
3501.01 of the Revised Code for the holding of a primary election 2,584
FIRST TUESDAY AFTER THE FIRST MONDAY IN MAY or at an election on 2,586
another day to be specified in the resolution. No more than two 2,587
elections shall be held under authority of this section in any 2,588
one calendar year. Such resolution shall conform to section 2,589
5705.19 of the Revised Code, except that the tax levy may be in 2,590
effect for any specified number of years or for a continuing 2,591
period of time, as set forth in the resolution, and the 2,592
resolution shall specify the date of holding the election, which 2,593
shall not be earlier than seventy-five days after the adoption 2,594
and certification of the resolution to the taxing authority of 2,595
the political subdivision to whose jurisdiction the board is 2,596
subject, and which shall be consistent with the requirements of 2,597
section 3501.01 of the Revised Code. The resolution shall not 2,598
include a levy on the current tax list and duplicate unless the 2,599
election is to be held at or prior to the first Tuesday after the 2,600
first Monday in November of the current tax year. 2,601
Upon receipt of the resolution, the taxing authority of the 2,604
62
political subdivision to whose jurisdiction the board is subject 2,605
shall adopt a resolution providing for the submission of such 2,606
additional tax levy to the electors of the subdivision, or, if 2,607
the resolution so states, to the electors residing within the 2,608
boundaries of the library district, as defined by the state 2,609
library board pursuant to section 3375.01 of the Revised Code, on 2,610
the date specified in the resolution of the board of library 2,611
trustees. The resolution adopted by the taxing authority shall 2,612
otherwise conform to the resolution certified to it by the board. 2,613
The resolution of the taxing authority shall be certified to the 2,614
board of elections of the proper county not less than 2,615
seventy-five days before the date of such election. Such 2,616
resolution shall go into immediate effect upon its passage, and 2,617
no publication of the resolution shall be necessary other than 2,618
that provided in the notice of election. Section 5705.25 of the 2,619
Revised Code shall govern the arrangements for the submission of 2,620
such question and other matters concerning the election, to which 2,621
that section refers, except that if the resolution so states, the 2,622
question shall be submitted to the electors residing within the 2,623
boundaries of the library district, as defined by the state 2,624
library board pursuant to section 3375.01 of the Revised Code, 2,625
and except that such election shall be held on the date specified 2,626
in the resolution. If a majority of the electors voting on the 2,627
question so submitted in an election vote in favor of such levy, 2,628
the taxing authority may forthwith make the necessary levy within 2,629
the subdivision or within the boundaries of the library district, 2,630
as defined by the state library board pursuant to section 3375.01 2,631
of the Revised Code, at the additional rate in excess of the 2,632
ten-mill limitation on the tax list, for the purpose stated in 2,633
such resolutions. Such tax levy shall be included in the next 2,634
annual tax budget that is certified to the county budget 2,635
commission. The proceeds of any library levy in excess of the 2,636
ten-mill limitation shall be used for purposes of the board in 2,637
accordance with the law applicable to the board. 2,638
63
After the approval of a levy on the current tax list and 2,640
duplicate to provide an increase in current expenses, and prior 2,641
to the time when the first tax collection from such levy can be 2,642
made, the taxing authority at the request of the board of library 2,643
trustees may anticipate a fraction of the proceeds of such levy 2,644
and issue anticipation notes in an amount not exceeding fifty per 2,645
cent of the total estimated proceeds of the levy to be collected 2,646
during the first year of the levy. 2,647
After the approval of a levy to provide revenues for the 2,649
construction or acquisition of any specific permanent improvement 2,650
or class of improvements, the taxing authority at the request of 2,651
the board of library trustees may anticipate a fraction of the 2,652
proceeds of such levy and issue anticipation notes in a principal 2,653
amount not exceeding fifty per cent of the total estimated 2,654
proceeds of the levy to be collected in each year over a period 2,655
of ten years after the issuance of such notes. 2,656
The notes shall be issued as provided in section 133.24 of 2,658
the Revised Code, shall have principal payments during each year 2,659
after the year of their issuance over a period not to exceed ten 2,661
years, and may have a principal payment in the year of their 2,662
issuance. 2,663
When a board of public library trustees of a county library 2,665
district, appointed under section 3375.22 of the Revised Code, 2,666
requests the submission of such special levy, the taxing 2,667
authority shall submit the levy to the voters of the county 2,668
library district only. For the purposes of this section, and of 2,669
the board of public library trustees only, the words "electors of 2,671
the subdivision," as used in this section and in section 5705.25 2,672
of the Revised Code, mean "electors of the county library 2,673
district." Any levy approved by the electors of the county 2,674
library district shall be made within the county library district 2,675
only.
Section 2. That existing sections 511.27, 1545.21, 2,677
1901.07, 3501.01, 3501.02, 3501.17, 3503.16, 3505.01, 3505.32, 2,678
64
3509.01, 3509.03, 3509.05, 3511.02, 3511.04, 3511.11, 3513.01, 2,679
3513.05, 3513.12, 3513.121, 3513.151, 3513.262, 3513.30, 2,680
5705.191, and 5705.23 of the Revised Code are hereby repealed. 2,681
Section 3. Section 3501.02 of the Revised Code is 2,683
presented in this act as a composite of the section as amended by 2,685
both Am. Sub. H.B. 99 and Am. Sub. H.B. 117 of the 121st General 2,686
Assembly, with the new language of neither of the acts shown in
capital letters. This is in recognition of the principle stated 2,688
in division (B) of section 1.52 of the Revised Code that such 2,689
amendments are to be harmonized where not substantively 2,690
irreconcilable and constitutes a legislative finding that such is 2,691
the resulting version in effect prior to the effective date of 2,692
this act.