As Reported by House Technology and Elections Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 157 5
1999-2000 6
REPRESENTATIVES CATES-BENDER-BUCHY-CALLENDER-CORBIN-COUGHLIN- 8
EVANS-GOODMAN-HARRIS-HOOD-JACOBSON-JOLIVETTE-KREBS-JONES-LOGAN- 9
MAIER-D.MILLER-MOTTLEY-MYERS-NETZLEY-OLMAN-OPFER-PRINGLE-ROMAN- 10
SCHUCK-DePIERO 11
_________________________________________________________________ 12
A B I L L
To amend sections 3501.01, 3513.01, 3513.05, 14
3513.12, and 3517.03 of the Revised Code to 15
change the date of the primary election held in 16
presidential election years from the third 17
Tuesday in March to the first Tuesday after the
first Monday in March, and to eliminate the 18
requirement that the declaration of candidacy
filed by a person desiring to become a member of 20
the county central committee of a political party 21
be accompanied by a petition.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 3501.01, 3513.01, 3513.05, 25
3513.12, and 3517.03 of the Revised Code be amended to read as 26
follows:
Sec. 3501.01. As used in the sections of the Revised Code 35
relating to elections and political communications: 36
(A) "General election" means the election held on the 38
first Tuesday after the first Monday in each November. 39
(B) "Regular municipal election" means the election held 41
on the first Tuesday after the first Monday in November in each 42
odd-numbered year. 43
(C) "Regular state election" means the election held on 45
the first Tuesday after the first Monday in November in each 46
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even-numbered year. 47
(D) "Special election" means any election other than those 49
elections defined in other divisions of this section. A special 50
election may be held only on the first Tuesday after the first 51
Monday in February, May, August, or November, or on the day 52
authorized by a particular municipal or county charter for the 53
holding of a primary election, except that in any year in which a 54
presidential primary election is held, no special election shall 55
be held in February or May, except as authorized by a municipal 56
or county charter, but may be held on the third FIRST Tuesday 57
AFTER THE FIRST MONDAY in March. 59
(E)(1) "Primary" or "primary election" means an election 61
held for the purpose of nominating persons as candidates of 62
political parties for election to offices, and for the purpose of 63
electing persons as members of the controlling committees of 64
political parties and as delegates and alternates to the 65
conventions of political parties. Primary elections shall be 66
held on the first Tuesday after the first Monday in May of each 67
year except in years in which a presidential primary election is 68
held. 69
(2) "Presidential primary election" means a primary 71
election as that term is defined by division (E)(1) of this 72
section at which an election is held for the purpose of choosing 73
delegates and alternates to the national conventions of the major 74
political parties pursuant to section 3513.12 of the Revised 75
Code. Unless otherwise specified, presidential primary elections 76
are included in references to primary elections. In years in 77
which a presidential primary election is held, all primary 78
elections shall be held on the third FIRST Tuesday AFTER THE 79
FIRST MONDAY in March except as otherwise authorized by a 82
municipal or county charter.
(F) "Political party" means any group of voters meeting 84
the requirements set forth in section 3517.01 of the Revised Code 85
for the formation and existence of a political party. 86
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(1) "Major political party" means any political party 88
organized under the laws of this state whose candidate for 89
governor or nominees for presidential electors received no less 90
than twenty per cent of the total vote cast for such office at 91
the most recent regular state election. 92
(2) "Intermediate political party" means any political 94
party organized under the laws of this state whose candidate for 95
governor or nominees for presidential electors received less than 96
twenty per cent but not less than ten per cent of the total vote 97
cast for such office at the most recent regular state election. 100
(3) "Minor political party" means any political party 102
organized under the laws of this state whose candidate for 103
governor or nominees for presidential electors received less than 104
ten per cent but not less than five per cent of the total vote 105
cast for such office at the most recent regular state election or 108
which has filed with the secretary of state, subsequent to any
election in which it received less than five per cent of such 109
vote, a petition signed by qualified electors equal in number to 110
at least one per cent of the total vote cast for such office in 111
the last preceding regular state election, except that a newly 112
formed political party shall be known as a minor political party 113
until the time of the first election for governor or president 114
which occurs not less than twelve months subsequent to the 115
formation of such party, after which election the status of such 116
party shall be determined by the vote for the office of governor 117
or president. 118
(G) "Dominant party in a precinct" or "dominant political 120
party in a precinct" means that political party whose candidate 121
for election to the office of governor at the most recent regular 124
state election at which a governor was elected received more 125
votes than any other person received for election to said THAT 126
office in such precinct at such election. 127
(H) "Candidate" means any qualified person certified in 129
accordance with the provisions of the Revised Code for placement 130
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on the official ballot of a primary, general, or special election 131
to be held in this state, or any qualified person who represents 132
himself or herself CLAIMS to be a write-in candidate, or who 133
knowingly assents to such representation BEING REPRESENTED AS A 134
WRITE-IN CANDIDATE by another at either a primary, general, or 136
special election to be held in this state.
(I) "Independent candidate" means any candidate who does 138
not consider himself or herself CLAIMS NOT TO BE affiliated with 139
a political party, and who has his or her WHOSE name HAS BEEN 141
certified on the office-type ballot at a general or special
election through the filing of a statement of candidacy and 142
nominating petition, as prescribed in section 3513.257 of the 143
Revised Code.
(J) "Nonpartisan candidate" means any candidate whose name 145
is required, pursuant to section 3505.04 of the Revised Code, to 146
be listed on the nonpartisan ballot, including all candidates for 147
judicial office, for member of any board of education, for 148
municipal or township offices in which primary elections are not 149
held for nominating candidates by political parties, and for 150
offices of municipal corporations having charters that provide 151
for separate ballots for elections for these offices. 152
(K) "Party candidate" means any candidate who considers 154
himself or herself CLAIMS TO BE a member of a political party, 155
who has his or her WHOSE name HAS BEEN certified on the 157
office-type ballot at a general or special election through the 158
filing of a declaration of candidacy and petition of candidate, 159
and who has won the primary election of his or her THE
CANDIDATE'S party for the public office the candidate seeks or is 160
selected by party committee in accordance with section 3513.31 of 161
the Revised Code.
(L) "Officer of a political party" includes, but is not 163
limited to, any member, elected or appointed, of a controlling 164
committee, whether representing the territory of the state, a 165
district therein, a county, township, a city, a ward, a precinct, 166
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or other territory, of a major, intermediate, or minor political 167
party. 168
(M) "Question or issue" means any question or issue 170
certified in accordance with the Revised Code for placement on an 171
official ballot at a general or special election to be held in 172
this state. 173
(N) "Elector" or "qualified elector" means a person having 175
the qualifications provided by law to be entitled to vote. 177
(O) "Voter" means an elector who votes at an election. 179
(P) "Voting residence" means that place of residence of an 181
elector which shall determine the precinct in which the elector 183
may vote.
(Q) "Precinct" means a district within a county 185
established by the board of elections of such county within which 186
all qualified electors having a voting residence therein may vote 187
at the same polling place. 188
(R) "Polling place" means that place provided for each 190
precinct at which the electors having a voting residence in such 191
precinct may vote. 192
(S) "Board" or "board of elections" means the board of 194
elections appointed in a county pursuant to section 3501.06 of 195
the Revised Code. 196
(T) "Political subdivision" means "county," "township," 198
"city," "village," or "school district." 199
(U) "Election officer or official" means any of the 201
following: 202
(1) Secretary of state; 204
(2) Employees of the secretary of state serving in the 206
division of elections in the capacity of attorney, administrative 207
officer, administrative assistant, elections administrator, 208
office manager, or clerical supervisor; 209
(3) Director of a board of elections; 211
(4) Deputy director of a board of elections; 213
(5) Employees of a board of elections; 215
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(6) Precinct polling place judges and clerks; 217
(7) Employees appointed by the boards of elections on a 219
temporary or part-time basis. 220
(V) "Acknowledgment notice" means a notice sent by a board 222
of elections, on a form prescribed by the secretary of state, 223
informing a voter registration applicant or an applicant who 224
wishes to change his or her THE APPLICANT'S residence or name of 225
the status of his or her THE application; the information 226
necessary to complete or update his or her THE application, if 227
any; and if the application is complete, the precinct in which 228
the applicant is to vote.
(W) "Confirmation notice" means a notice sent by a board 230
of elections, on a form prescribed by the secretary of state, to 231
a registered elector to confirm the registered elector's current 232
address.
(X) "Designated agency" means an office or agency in the 234
state that provides public assistance or that provides 235
state-funded programs primarily engaged in providing services to 236
persons with disabilities and that is required by the National 237
Voter Registration Act of 1993 to implement a program designed
and administered by the secretary of state for registering 238
voters, or any other public or government office or agency that 239
implements a program designed and administered by the secretary 240
of state for registering voters, including the department of 241
human services, the program administered under section 3701.132
of the Revised Code by the department of health, the department 242
of mental health, the department of mental retardation and 243
developmental disabilities, the rehabilitation services 244
commission, and any other agency the secretary of state 245
designates. "Designated agency" does not include public high 246
schools and vocational schools, public libraries, or the office 247
of a county treasurer.
(Y) "National Voter Registration Act of 1993" means the 249
"National Voter Registration Act of 1993," 107 Stat. 77, 42 250
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U.S.C.A. 1973gg.
(Z) "Voting Rights Act of 1965" means the "Voting Rights 252
Act of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended. 253
Sec. 3513.01. (A) Except as otherwise provided in this 262
section, on the third FIRST Tuesday AFTER THE FIRST MONDAY in 264
March of 1996 2000 and every fourth year thereafter, and on the 266
first Tuesday after the first Monday in May of every other year, 267
primary elections shall be held for the purpose of nominating 268
persons as candidates of political parties for election to 269
offices to be voted for at the succeeding general election. 270
(B) The manner of nominating persons as candidates for 272
election as officers of a municipal corporation having a 273
population of two thousand or more, as ascertained by the most 274
recent federal census, shall be the same as the manner in which 277
candidates were nominated for election as officers in the
municipal corporation in 1989 unless the manner of nominating 278
such candidates is changed under division (C), (D), or (E) of 279
this section. 280
(C) Primary elections shall not be held for the nomination 282
of candidates for election as officers of any township, or any 283
municipal corporation having a population of less than two 284
thousand persons, unless a majority of the electors of any such 285
township or municipal corporation, as determined by the total 286
number of votes cast in such township or municipal corporation 287
for the office of governor at the most recent regular state 289
election, files with the board of elections of the county within 290
which such township or municipal corporation is located, or 291
within which the major portion of the population thereof is 292
located, if the municipal corporation is situated in more than 293
one county, not later than one hundred five days before the day 294
of a primary election, a petition signed by such electors asking 295
that candidates for election as officers of such township or 296
municipal corporation be nominated as candidates of political 297
parties, in which event primary elections shall be held in such 298
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township or municipal corporation for the purpose of nominating 299
persons as candidates of political parties for election as 300
officers of such township or municipal corporation to be voted 301
for at the succeeding regular municipal election. In a township 304
or municipal corporation where a majority of the electors have 305
filed a petition asking that candidates for election as officers 306
of the township or municipal corporation be nominated as 307
candidates of political parties, the nomination of candidates for 308
a nonpartisan election may be reestablished in the manner 309
prescribed in division (E) of this section.
(D)(1) The electors in a municipal corporation having a 311
population of two thousand or more, in which municipal officers 312
were nominated in the most recent election by nominating petition 313
and elected by nonpartisan election, may place on the ballot in 314
the manner prescribed in division (D)(2) of this section the 315
question of changing to the primary-election method of nominating 316
persons as candidates for election as officers of the municipal 317
corporation. 318
(2) The board of elections of the county within which the 320
municipal corporation is located, or, if the municipal 321
corporation is located in more than one county, of the county 322
within which the major portion of the population of the municipal 323
corporation is located, shall, upon receipt of a petition signed 324
by electors of the municipal corporation equal in number to at 325
least ten per cent of the vote cast at the last MOST RECENT 326
regular municipal election, submit to the electors of the 328
municipal corporation the question of changing to the 329
primary-election method of nominating persons as candidates for 330
election as officers of the municipal corporation. The ballot 331
language shall be substantially as follows: 332
"Shall candidates for election as officers of ............ 334
(name of municipal corporation) in the county of ............ 335
(name of county) be nominated as candidates of political parties? 336
........ yes 338
9
........ no" 340
The question shall be placed on the ballot at the next 342
general election in an even-numbered year occurring at least 343
seventy-five days after the petition is filed with the board. If 344
a majority of the electors voting on the question vote in the 345
affirmative, candidates for election as officers of the municipal 346
corporation shall thereafter be nominated as candidates of 347
political parties in primary elections, under division (A) of 348
this section, unless a change in the manner of nominating persons 349
as candidates for election as officers of the municipal 350
corporation is made under division (E) of this section. 351
(E)(1) The electors in a township or municipal corporation 353
in which the township or municipal officers are nominated as 354
candidates of political parties in a primary election may place 355
on the ballot, in the manner prescribed in division (E)(2) of 356
this section, the question of changing to the nonpartisan method 357
of nominating persons as candidates for election as officers of 358
the township or municipal corporation. 359
(2) The board of elections of the county within which the 361
township or municipal corporation is located, or, if the 362
municipal corporation is located in more than one county, of the 363
county within which the major portion of the population of the 364
municipal corporation is located, shall, upon receipt of a 365
petition signed by electors of the township or municipal 366
corporation equal in number to at least ten per cent of the vote 367
cast at the last MOST RECENT regular township or municipal 368
election, as appropriate, submit to the electors of the township 370
or municipal corporation, as appropriate, the question of 371
changing to the nonpartisan method of nominating persons as 372
candidates for election as officers of the township or municipal 373
corporation. The ballot language shall be substantially as 374
follows:
"Shall candidates for election as officers of ............ 376
(name of the township or municipal corporation) in the county of 377
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............ (name of county) be nominated as candidates by 378
nominating petition and be elected only in a nonpartisan 379
election? 380
........ yes 382
........ no" 384
The question shall appear on the ballot at the next general 386
election in an even-numbered year occurring at least seventy-five 387
days after the petition is filed with the board. If a majority 388
of electors voting on the question vote in the affirmative, 389
candidates for officer of the township or municipal corporation 390
shall thereafter be nominated by nominating petition and be 391
elected only in a nonpartisan election, unless a change in the 392
manner of nominating persons as candidates for election as 393
officers of the township or municipal corporation is made under 394
division (C) or (D) of this section. 395
Sec. 3513.05. Each person desiring to become a candidate 404
for a party nomination or for election to an office or position 405
to be voted for at a primary election, except persons desiring to 406
become joint candidates for the offices of governor and 407
lieutenant governor AND ANY PERSON DESIRING TO BECOME A MEMBER OF 408
THE COUNTY CENTRAL COMMITTEE OF A POLITICAL PARTY, shall, not 409
later than four p.m. of the seventy-fifth day before the day of 411
the primary election, or if the primary election is a 412
presidential primary election, not later than four p.m. of the 413
sixtieth day before the day of the presidential primary election, 414
file a declaration of candidacy and petition and pay the fees 415
required under divisions (A) and (B) of section 3513.10 of the 416
Revised Code. The declaration of candidacy and all separate 417
petition papers shall be filed at the same time as one 418
instrument. A PERSON DESIRING TO BECOME A MEMBER OF THE COUNTY 419
CENTRAL COMMITTEE OF A POLITICAL PARTY SHALL FILE A DECLARATION 420
OF CANDIDACY BY THE DEADLINES REQUIRED BY THIS PARAGRAPH BUT IS 421
NOT REQUIRED TO FILE AN ACCOMPANYING PETITION. When the offices 423
are to be voted for at a primary election, persons desiring to 424
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become joint candidates for the offices of governor and 425
lieutenant governor shall, not later than four p.m. of the 426
seventy-fifth day before the day of the primary election, comply 427
with section 3513.04 of the Revised Code. The prospective joint 428
candidates' declaration of candidacy and all separate petition 429
papers of candidacies shall be filed at the same time, as one 430
instrument.
If the declaration of candidacy declares a candidacy which 432
is to be submitted to electors throughout the entire state, the 433
petition, including a petition for joint candidates for the 434
offices of governor and lieutenant governor, shall be signed by 435
at least one thousand qualified electors who are members of the 436
same political party as the candidate or joint candidates, and 437
the declaration of candidacy and petition shall be filed with the 438
secretary of state; provided that the secretary of state shall 439
not accept or file any such petition appearing on its face to 440
contain signatures of more than three thousand electors. 441
Except as otherwise provided in this paragraph, if the 443
declaration of candidacy is of one that is to be submitted only 444
to electors within a district, political subdivision, or portion 445
thereof, the petition shall be signed by not less than fifty 446
qualified electors who are members of the same political party as 447
the political party of which the candidate is a member. If the 448
declaration of candidacy is for party nomination as a candidate 449
for member of the legislative authority of a municipal 450
corporation elected by ward, the petition shall be signed by not 451
less than twenty-five qualified electors who are members of the 452
political party of which the candidate is a member. 453
No such petition, except the petition for a candidacy that 455
is to be submitted to electors throughout the entire state, shall 456
be accepted for filing if it appears to contain on its face 457
signatures of more than three times the minimum number of 458
signatures. When a petition of a candidate has been accepted for 459
filing by a board of elections, the petition shall not be deemed 460
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invalid if, upon verification of signatures contained in the 461
petition, the board of elections finds the number of signatures 462
accepted exceeds three times the minimum number of signatures 463
required. A board of elections may discontinue verifying 464
signatures on petitions when the number of verified signatures 465
equals the minimum required number of qualified signatures. 466
If the declaration of candidacy declares a candidacy for 468
party nomination or for election as a candidate of an 469
intermediate or minor party, the minimum number of signatures on 470
such petition is one-half the minimum number provided in this 471
section, except that, when the candidacy is one for election as a 472
member of the state central committee or the county central 473
committee of a political party, the minimum number shall be the 474
same for an intermediate or minor party as for a major party. 475
If a declaration of candidacy is one for election as a 477
member of the state central committee or the county central 478
committee of a political party, the petition shall be signed by 479
five qualified electors of the district, county, ward, township, 480
or precinct within which electors may vote for such candidate. 481
The electors signing such petition shall be members of the same 482
political party as the political party of which the candidate is 483
a member. 484
For purposes of signing or circulating a petition of 486
candidacy for party nomination or election, an elector is 487
considered to be a member of a political party if the elector 488
voted in that party's primary election within the preceding two 490
calendar years, or if the elector did not vote in any other 491
party's primary election within the preceding two calendar years. 492
If the declaration of candidacy is of one that is to be 494
submitted only to electors within a county, or within a district 495
or subdivision or part thereof smaller than a county, the 496
petition shall be filed with the board of elections of the 497
county. If the declaration of candidacy is of one that is to be 498
submitted only to electors of a district or subdivision or part 499
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thereof that is situated in more than one county, the petition 500
shall be filed with the board of elections of the county within 501
which the major portion of the population thereof, as ascertained 502
by the next preceding federal census, is located. 503
A petition shall consist of separate petition papers, each 505
of which shall contain signatures of electors of only one county. 506
Petitions or separate petition papers containing signatures of 507
electors of more than one county shall not thereby be declared 508
invalid. In case petitions or separate petition papers 509
containing signatures of electors of more than one county are 510
filed, the board shall determine the county from which the 511
majority of signatures came, and only signatures from such county 512
shall be counted. Signatures from any other county shall be 513
invalid. 514
Each separate petition paper shall be circulated by one 516
person only, who shall be the candidate or a joint candidate or a 517
member of the same political party as the candidates, and each 518
separate petition paper shall be governed by the rules set forth 519
in section 3501.38 of the Revised Code. 520
The secretary of state shall promptly transmit to each 522
board such separate petition papers of each petition accompanying 523
a declaration of candidacy filed with him THE SECRETARY OF STATE 524
as purport to contain signatures of electors of the county of 526
such board. The board of the most populous county of a district 527
shall promptly transmit to each board within such district such 528
separate petition papers of each petition accompanying a 529
declaration of candidacy filed with it as purport to contain 530
signatures of electors of the county of each such board. The 531
board of a county within which the major portion of the 532
population of a subdivision, situated in more than one county, is 533
located, shall promptly transmit to the board of each other 534
county within which a portion of such subdivision is located such 535
separate petition papers of each petition accompanying a 536
declaration of candidacy filed with it as purport to contain 537
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signatures of electors of the portion of such subdivision in the 538
county of each such board.
All petition papers so transmitted to a board and all 540
petitions accompanying declarations of candidacy filed with such 541
board shall, under proper regulations, be open to public 542
inspection until four p.m. of the seventieth day before the day 543
of the next primary election, or if that next primary election is 544
a presidential primary election, the fifty-fifth day before that 545
presidential primary election. Each board shall, not later than 546
the sixty-eighth day before the day of such primary election, or 547
if the primary election is a presidential primary election, not 548
later than the fifty-third day before such presidential primary 549
election, examine and determine the validity or invalidity of the 550
signatures on the petition papers so transmitted to or filed with 551
it and shall return to the secretary of state all petition papers 552
transmitted to it by the secretary of state, together with its 553
certification of its determination as to the validity or 554
invalidity of signatures thereon, and shall return to each other 555
board all petition papers transmitted to it by such board, 556
together with its certification of its determination as to the 557
validity or invalidity of the signatures thereon. All other 558
matters affecting the validity or invalidity of such petition 559
papers shall be determined by the secretary of state or the board 560
with whom such petition papers were filed. 561
Protests against the candidacy of any person filing a 563
declaration of candidacy for party nomination or for election to 564
an office or position, as provided in this section, may be filed 565
by any qualified elector who is a member of the same political 566
party as the candidate and who is eligible to vote at the primary 567
election for the candidate whose declaration of candidacy he THE 568
ELECTOR objects to, or by the controlling committee of such 570
party. Such protest must be in writing, and must be filed not 571
later than four p.m. of the sixty-fourth day before the day of 572
the primary election, or if the primary election is a 573
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presidential primary election, not later than four p.m. of the 574
forty-ninth day before the day of the presidential primary 575
election. Such protest shall be filed with the election 576
officials with whom the declaration of candidacy and petition was 577
filed. Upon the filing of such protest, the election officials 578
with whom it is filed shall promptly fix the time for hearing it, 579
and shall forthwith mail notice of the filing of such protest and 580
the time fixed for hearing to the person whose candidacy is so 581
protested. They shall also forthwith mail notice of the time 582
fixed for such hearing to the person who filed the protest. At 583
the time fixed, such election officials shall hear the protest 584
and determine the validity or invalidity of the declaration of 585
candidacy and petition. If they find that such candidate is not 586
an elector of the state, district, county, or political 587
subdivision in which the candidate seeks a party nomination or 588
election to an office or position, or has not fully complied with 590
this chapter, the candidate's declaration of candidacy and 592
petition shall be determined to be invalid and shall be rejected, 593
otherwise it shall be determined to be valid. Such determination 594
shall be final.
A protest against the candidacy of any persons filing a 596
declaration of candidacy for joint party nomination to the 597
offices of governor and lieutenant governor shall be filed, 598
heard, and determined in the same manner as a protest against the 599
candidacy of any person filing a declaration of candidacy singly. 600
The secretary of state shall, on the sixtieth day before 602
the day of a primary election, or if the primary election is a 603
presidential primary election, on the forty-fifth day before the 604
day of the presidential primary election, certify to each board 605
in the state the forms of the official ballots to be used at such 606
primary election, together with the names of the candidates to be 607
printed thereon whose nomination or election is to be determined 608
by electors throughout the entire state and who filed valid 609
declarations of candidacy and petitions. 610
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The board of the most populous county in a district 612
comprised of more than one county but less than all of the 613
counties of the state shall on the sixtieth day before the day of 614
a primary election, or if the primary election is a presidential 615
primary election, on the forty-fifth day before the day of a 616
presidential primary election, certify to the board of each 617
county in the district the names of the candidates to be printed 618
on the official ballots to be used at such primary election, 619
whose nomination or election is to be determined only by electors 620
within such district and who filed valid declarations of 621
candidacy and petitions. 622
The board of a county within which the major portion of the 624
population of a subdivision smaller than the county and situated 625
in more than one county is located shall, on the sixtieth day 626
before the day of a primary election, or if the primary election 627
is a presidential primary election, on the forty-fifth day before 628
the day of a presidential primary election, certify to the board 629
of each county in which a portion of such subdivision is located 630
the names of the candidates to be printed on the official ballots 631
to be used at such primary election, whose nomination or election 632
is to be determined only by electors within such subdivision and 633
who filed valid declarations of candidacy and petitions. 634
Sec. 3513.12. At a presidential primary election, which 643
shall be held on the third FIRST Tuesday AFTER THE FIRST MONDAY 645
in March in the year 1996 2000, and similarly in every fourth 647
year thereafter, delegates and alternates to the national 648
conventions of the different major political parties shall be 649
chosen by direct vote of the electors as provided in this 650
chapter. Candidates for delegate and alternate shall be 651
qualified and the election shall be conducted in the manner 652
prescribed in this chapter for the nomination of candidates for 653
state and district offices, except as provided in section 654
3513.151 of the Revised Code and except that whenever any group 655
of candidates for delegate at large or alternate at large, or any 656
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group of candidates for delegates or alternates from districts, 657
file with the secretary of state statements as provided by this 658
section, designating the same persons as their first and second 659
choices for president of the United States, such a group of 660
candidates may submit a group petition containing a declaration 661
of candidacy for each of such candidates. The group petition 662
need be signed only by the number of electors required for the 663
petition of a single candidate. No group petition shall be 664
submitted except by a group of candidates equal in number to the 665
whole number of delegates at large or alternates at large to be 666
elected or equal in number to the whole number of delegates or
alternates from a district to be elected. 667
Each person seeking to be elected as delegate or alternate 669
to the national convention of his THE PERSON'S political party 670
shall file with his THE PERSON'S declaration of candidacy and 672
certificate a statement in writing signed by him THE PERSON in 674
which he THE PERSON shall state his THE PERSON'S first and second 676
choices for nomination as the candidate of his THE PERSON'S party 677
for the presidency of the United States. The secretary of state 678
shall not permit any declaration of candidacy and certificate of 679
a candidate for election as such delegate or alternate to be 680
filed unless accompanied by such statement in writing. The name 681
of a candidate for the presidency shall not be so used without 682
his THE CANDIDATE'S written consent. 683
A person who is a first choice for president of candidates 685
seeking election as delegates and alternates shall file with the 686
secretary of state, prior to the day of the election, a list 687
indicating the order in which certificates of election are to be 688
issued to delegate or alternate candidates to whose candidacy he 689
THE PERSON has consented, if fewer than all of such candidates 691
are entitled under party rules to be certified as elected. Each 692
candidate for election as such delegate or alternate may also 693
file along with his THE CANDIDATE'S declaration of candidacy and 694
certificate a statement in writing signed by him THE CANDIDATE in 696
18
the following form:
"Statement of Candidate 699
For Election as ............ (Delegate) (Alternate) to the 701
............ (name of political party) National Convention 703
I hereby declare to the voters of my political party in the 705
State of Ohio that, if elected as ............ (delegate) 706
(alternate) to their national party convention, I shall, to the 707
best of my judgment and ability, support that candidate for 708
President of the United States who shall have been selected at 709
this primary by the voters of my party in the manner provided in 710
Chapter 3513. of the Ohio Revised Code, as their candidate for 711
such office. 712
.............................. 714
(name), Candidate for ........ 715
(Delegate) (Alternate)" 716
The procedures for the selection of candidates for delegate 719
and alternate to the national convention of a political party set 720
forth in this section and in section 3513.121 of the Revised Code 721
are alternative procedures, and if the procedures of this section 722
are followed, the procedures of section 3513.121 of the Revised 723
Code need not be followed. 724
Sec. 3517.03. The controlling committees of each major 733
political party or organization shall be a state central 734
committee consisting of two members, one a man and one a woman, 735
representing either each congressional district in the state or 736
each senatorial district in the state, as the outgoing committee 737
determines; a county central committee consisting of one member 738
from each election precinct in the county, or of one member from 739
each ward in each city and from each township in the county, as 740
the outgoing committee determines; and such district, city, 741
township, or other committees as the rules of the party provide. 742
All the members of such committees shall be members of the 744
party and shall be elected for terms of either two or four years, 745
as determined by party rules, by direct vote at the primary held 746
19
in an even-numbered year. Candidates for election as state 747
central committee members shall be elected at primaries in the 748
same manner as provided in sections 3513.01 to 3513.32 of the 749
Revised Code, for the nomination of candidates for office in a 750
county. Candidates for election as members of the county central 751
committee shall be elected at primaries in the same manner as 752
provided in such sections for the nomination of candidates for 753
county offices, EXCEPT THAT CANDIDATES FOR ELECTION AS MEMBERS OF 754
THE COUNTY CENTRAL COMMITTEE ARE NOT REQUIRED TO FILE PETITIONS 755
WITH THEIR DECLARATIONS OF CANDIDACY. 757
Each major party controlling committee shall elect an 759
executive committee which shall have such powers as are granted 760
to it by the party controlling committee, and as are provided by 761
law. When a judicial, senatorial, or congressional district is 762
comprised of more than one county, the chairman CHAIRPERSON and 763
secretary of the county central committee from each county in 764
such district shall constitute the judicial, senatorial, or 765
congressional committee of such district. When a judicial, 766
senatorial, or congressional district is included within a 767
county, the county central committee shall constitute the 768
judicial, senatorial, or congressional committee of such 769
district.
The controlling committee of each intermediate political 771
party or organization shall be a state central committee 772
consisting of two members, one a man and one a woman, from each 773
congressional district in the state. All members of such 774
committee shall be members of the party and shall be elected by 775
direct vote at the primary held in the even-numbered years. 776
Candidates for election shall be elected at the primary in the 777
same manner as provided in sections 3513.01 to 3513.32 of the 778
Revised Code. An intermediate political party may have such 779
other party organization as its rules provide. Each intermediate 780
party shall file the names and addresses of its officers with the 781
secretary of state. 782
20
A minor political party may elect controlling committees at 784
a primary election in the even-numbered year by filing a plan for 785
party organization with the secretary of state on or before the 786
ninetieth day before the day of the primary election. Such plan 787
shall specify which offices are to be elected and provide the 788
procedure for qualification of candidates for such offices. 789
Candidates to be elected pursuant to such plan shall be required 790
to be designated and qualified on or before the ninetieth day 791
before the day of the election. Such parties may, in lieu of 792
electing a controlling committee or other officials, choose such 793
committee or other officials in accordance with party rules. 794
Each such party shall file the names and addresses of members of 795
its controlling committee and party officers with the secretary 796
of state. 797
Section 2. That existing sections 3501.01, 3513.01, 799
3513.05, 3513.12, and 3517.03 of the Revised Code are hereby 800
repealed.