As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. H. B. No. 157 5
1999-2000 6
REPRESENTATIVES CATES-BUCHY-CALLENDER-CORBIN-COUGHLIN-EVANS- 8
GOODMAN-HARRIS-JACOBSON-JOLIVETTE-KREBS-MYERS- 9
NETZLEY-OLMAN-ROMAN-SCHUCK-O'BRIEN-YOUNG 10
_________________________________________________________________ 11
A B I L L
To amend sections 3501.01, 3513.01, 3513.05, 13
3513.12, and 3517.03 and to enact section 14
3513.051 of the Revised Code to change the date 16
of the primary election held in presidential
election years from the third Tuesday in March to 17
the first Tuesday after the first Monday in
March, and to allow the county central committee 18
of a political party to determine that persons 19
desiring to become candidates for election as a 20
member of the county central committee of that
party in that county need not file a petition. 21
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 be amended and section 3513.051 of the 26
Revised Code by enacted to read as follows: 27
Sec. 3501.01. As used in the sections of the Revised Code 36
relating to elections and political communications: 37
(A) "General election" means the election held on the 39
first Tuesday after the first Monday in each November. 40
(B) "Regular municipal election" means the election held 42
on the first Tuesday after the first Monday in November in each 43
odd-numbered year. 44
(C) "Regular state election" means the election held on 46
the first Tuesday after the first Monday in November in each 47
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even-numbered year. 48
(D) "Special election" means any election other than those 50
elections defined in other divisions of this section. A special 51
election may be held only on the first Tuesday after the first 52
Monday in February, May, August, or November, or on the day 53
authorized by a particular municipal or county charter for the 54
holding of a primary election, except that in any year in which a 55
presidential primary election is held, no special election shall 56
be held in February or May, except as authorized by a municipal 57
or county charter, but may be held on the third FIRST Tuesday 58
AFTER THE FIRST MONDAY in March. 60
(E)(1) "Primary" or "primary election" means an election 62
held for the purpose of nominating persons as candidates of 63
political parties for election to offices, and for the purpose of 64
electing persons as members of the controlling committees of 65
political parties and as delegates and alternates to the 66
conventions of political parties. Primary elections shall be 67
held on the first Tuesday after the first Monday in May of each 68
year except in years in which a presidential primary election is 69
held. 70
(2) "Presidential primary election" means a primary 72
election as that term is defined by division (E)(1) of this 73
section at which an election is held for the purpose of choosing 74
delegates and alternates to the national conventions of the major 75
political parties pursuant to section 3513.12 of the Revised 76
Code. Unless otherwise specified, presidential primary elections 77
are included in references to primary elections. In years in 78
which a presidential primary election is held, all primary 79
elections shall be held on the third FIRST Tuesday AFTER THE 80
FIRST MONDAY in March except as otherwise authorized by a 83
municipal or county charter.
(F) "Political party" means any group of voters meeting 85
the requirements set forth in section 3517.01 of the Revised Code 86
for the formation and existence of a political party. 87
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(1) "Major political party" means any political party 89
organized under the laws of this state whose candidate for 90
governor or nominees for presidential electors received no less 91
than twenty per cent of the total vote cast for such office at 92
the most recent regular state election. 93
(2) "Intermediate political party" means any political 95
party organized under the laws of this state whose candidate for 96
governor or nominees for presidential electors received less than 97
twenty per cent but not less than ten per cent of the total vote 98
cast for such office at the most recent regular state election. 101
(3) "Minor political party" means any political party 103
organized under the laws of this state whose candidate for 104
governor or nominees for presidential electors received less than 105
ten per cent but not less than five per cent of the total vote 106
cast for such office at the most recent regular state election or 109
which has filed with the secretary of state, subsequent to any
election in which it received less than five per cent of such 110
vote, a petition signed by qualified electors equal in number to 111
at least one per cent of the total vote cast for such office in 112
the last preceding regular state election, except that a newly 113
formed political party shall be known as a minor political party 114
until the time of the first election for governor or president 115
which occurs not less than twelve months subsequent to the 116
formation of such party, after which election the status of such 117
party shall be determined by the vote for the office of governor 118
or president. 119
(G) "Dominant party in a precinct" or "dominant political 121
party in a precinct" means that political party whose candidate 122
for election to the office of governor at the most recent regular 125
state election at which a governor was elected received more 126
votes than any other person received for election to said THAT 127
office in such precinct at such election. 128
(H) "Candidate" means any qualified person certified in 130
accordance with the provisions of the Revised Code for placement 131
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on the official ballot of a primary, general, or special election 132
to be held in this state, or any qualified person who represents 133
himself or herself CLAIMS to be a write-in candidate, or who 134
knowingly assents to such representation BEING REPRESENTED AS A 135
WRITE-IN CANDIDATE by another at either a primary, general, or 137
special election to be held in this state.
(I) "Independent candidate" means any candidate who does 139
not consider himself or herself CLAIMS NOT TO BE affiliated with 140
a political party, and who has his or her WHOSE name HAS BEEN 142
certified on the office-type ballot at a general or special
election through the filing of a statement of candidacy and 143
nominating petition, as prescribed in section 3513.257 of the 144
Revised Code.
(J) "Nonpartisan candidate" means any candidate whose name 146
is required, pursuant to section 3505.04 of the Revised Code, to 147
be listed on the nonpartisan ballot, including all candidates for 148
judicial office, for member of any board of education, for 149
municipal or township offices in which primary elections are not 150
held for nominating candidates by political parties, and for 151
offices of municipal corporations having charters that provide 152
for separate ballots for elections for these offices. 153
(K) "Party candidate" means any candidate who considers 155
himself or herself CLAIMS TO BE a member of a political party, 156
who has his or her WHOSE name HAS BEEN certified on the 158
office-type ballot at a general or special election through the 159
filing of a declaration of candidacy and petition of candidate, 160
and who has won the primary election of his or her THE
CANDIDATE'S party for the public office the candidate seeks or is 161
selected by party committee in accordance with section 3513.31 of 162
the Revised Code.
(L) "Officer of a political party" includes, but is not 164
limited to, any member, elected or appointed, of a controlling 165
committee, whether representing the territory of the state, a 166
district therein, a county, township, a city, a ward, a precinct, 167
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or other territory, of a major, intermediate, or minor political 168
party. 169
(M) "Question or issue" means any question or issue 171
certified in accordance with the Revised Code for placement on an 172
official ballot at a general or special election to be held in 173
this state. 174
(N) "Elector" or "qualified elector" means a person having 176
the qualifications provided by law to be entitled to vote. 178
(O) "Voter" means an elector who votes at an election. 180
(P) "Voting residence" means that place of residence of an 182
elector which shall determine the precinct in which the elector 184
may vote.
(Q) "Precinct" means a district within a county 186
established by the board of elections of such county within which 187
all qualified electors having a voting residence therein may vote 188
at the same polling place. 189
(R) "Polling place" means that place provided for each 191
precinct at which the electors having a voting residence in such 192
precinct may vote. 193
(S) "Board" or "board of elections" means the board of 195
elections appointed in a county pursuant to section 3501.06 of 196
the Revised Code. 197
(T) "Political subdivision" means "county," "township," 199
"city," "village," or "school district." 200
(U) "Election officer or official" means any of the 202
following: 203
(1) Secretary of state; 205
(2) Employees of the secretary of state serving in the 207
division of elections in the capacity of attorney, administrative 208
officer, administrative assistant, elections administrator, 209
office manager, or clerical supervisor; 210
(3) Director of a board of elections; 212
(4) Deputy director of a board of elections; 214
(5) Employees of a board of elections; 216
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(6) Precinct polling place judges and clerks; 218
(7) Employees appointed by the boards of elections on a 220
temporary or part-time basis. 221
(V) "Acknowledgment notice" means a notice sent by a board 223
of elections, on a form prescribed by the secretary of state, 224
informing a voter registration applicant or an applicant who 225
wishes to change his or her THE APPLICANT'S residence or name of 226
the status of his or her THE application; the information 227
necessary to complete or update his or her THE application, if 228
any; and if the application is complete, the precinct in which 229
the applicant is to vote.
(W) "Confirmation notice" means a notice sent by a board 231
of elections, on a form prescribed by the secretary of state, to 232
a registered elector to confirm the registered elector's current 233
address.
(X) "Designated agency" means an office or agency in the 235
state that provides public assistance or that provides 236
state-funded programs primarily engaged in providing services to 237
persons with disabilities and that is required by the National 238
Voter Registration Act of 1993 to implement a program designed
and administered by the secretary of state for registering 239
voters, or any other public or government office or agency that 240
implements a program designed and administered by the secretary 241
of state for registering voters, including the department of 242
human services, the program administered under section 3701.132
of the Revised Code by the department of health, the department 243
of mental health, the department of mental retardation and 244
developmental disabilities, the rehabilitation services 245
commission, and any other agency the secretary of state 246
designates. "Designated agency" does not include public high 247
schools and vocational schools, public libraries, or the office 248
of a county treasurer.
(Y) "National Voter Registration Act of 1993" means the 250
"National Voter Registration Act of 1993," 107 Stat. 77, 42 251
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U.S.C.A. 1973gg.
(Z) "Voting Rights Act of 1965" means the "Voting Rights 253
Act of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended. 254
Sec. 3513.01. (A) Except as otherwise provided in this 263
section, on the third FIRST Tuesday AFTER THE FIRST MONDAY in 265
March of 1996 2000 and every fourth year thereafter, and on the 267
first Tuesday after the first Monday in May of every other year, 268
primary elections shall be held for the purpose of nominating 269
persons as candidates of political parties for election to 270
offices to be voted for at the succeeding general election. 271
(B) The manner of nominating persons as candidates for 273
election as officers of a municipal corporation having a 274
population of two thousand or more, as ascertained by the most 275
recent federal census, shall be the same as the manner in which 278
candidates were nominated for election as officers in the
municipal corporation in 1989 unless the manner of nominating 279
such candidates is changed under division (C), (D), or (E) of 280
this section. 281
(C) Primary elections shall not be held for the nomination 283
of candidates for election as officers of any township, or any 284
municipal corporation having a population of less than two 285
thousand persons, unless a majority of the electors of any such 286
township or municipal corporation, as determined by the total 287
number of votes cast in such township or municipal corporation 288
for the office of governor at the most recent regular state 290
election, files with the board of elections of the county within 291
which such township or municipal corporation is located, or 292
within which the major portion of the population thereof is 293
located, if the municipal corporation is situated in more than 294
one county, not later than one hundred five days before the day 295
of a primary election, a petition signed by such electors asking 296
that candidates for election as officers of such township or 297
municipal corporation be nominated as candidates of political 298
parties, in which event primary elections shall be held in such 299
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township or municipal corporation for the purpose of nominating 300
persons as candidates of political parties for election as 301
officers of such township or municipal corporation to be voted 302
for at the succeeding regular municipal election. In a township 305
or municipal corporation where a majority of the electors have 306
filed a petition asking that candidates for election as officers 307
of the township or municipal corporation be nominated as 308
candidates of political parties, the nomination of candidates for 309
a nonpartisan election may be reestablished in the manner 310
prescribed in division (E) of this section.
(D)(1) The electors in a municipal corporation having a 312
population of two thousand or more, in which municipal officers 313
were nominated in the most recent election by nominating petition 314
and elected by nonpartisan election, may place on the ballot in 315
the manner prescribed in division (D)(2) of this section the 316
question of changing to the primary-election method of nominating 317
persons as candidates for election as officers of the municipal 318
corporation. 319
(2) The board of elections of the county within which the 321
municipal corporation is located, or, if the municipal 322
corporation is located in more than one county, of the county 323
within which the major portion of the population of the municipal 324
corporation is located, shall, upon receipt of a petition signed 325
by electors of the municipal corporation equal in number to at 326
least ten per cent of the vote cast at the last MOST RECENT 327
regular municipal election, submit to the electors of the 329
municipal corporation the question of changing to the 330
primary-election method of nominating persons as candidates for 331
election as officers of the municipal corporation. The ballot 332
language shall be substantially as follows: 333
"Shall candidates for election as officers of ............ 335
(name of municipal corporation) in the county of ............ 336
(name of county) be nominated as candidates of political parties? 337
........ yes 339
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........ no" 341
The question shall be placed on the ballot at the next 343
general election in an even-numbered year occurring at least 344
seventy-five days after the petition is filed with the board. If 345
a majority of the electors voting on the question vote in the 346
affirmative, candidates for election as officers of the municipal 347
corporation shall thereafter be nominated as candidates of 348
political parties in primary elections, under division (A) of 349
this section, unless a change in the manner of nominating persons 350
as candidates for election as officers of the municipal 351
corporation is made under division (E) of this section. 352
(E)(1) The electors in a township or municipal corporation 354
in which the township or municipal officers are nominated as 355
candidates of political parties in a primary election may place 356
on the ballot, in the manner prescribed in division (E)(2) of 357
this section, the question of changing to the nonpartisan method 358
of nominating persons as candidates for election as officers of 359
the township or municipal corporation. 360
(2) The board of elections of the county within which the 362
township or municipal corporation is located, or, if the 363
municipal corporation is located in more than one county, of the 364
county within which the major portion of the population of the 365
municipal corporation is located, shall, upon receipt of a 366
petition signed by electors of the township or municipal 367
corporation equal in number to at least ten per cent of the vote 368
cast at the last MOST RECENT regular township or municipal 369
election, as appropriate, submit to the electors of the township 371
or municipal corporation, as appropriate, the question of 372
changing to the nonpartisan method of nominating persons as 373
candidates for election as officers of the township or municipal 374
corporation. The ballot language shall be substantially as 375
follows:
"Shall candidates for election as officers of ............ 377
(name of the township or municipal corporation) in the county of 378
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............ (name of county) be nominated as candidates by 379
nominating petition and be elected only in a nonpartisan 380
election? 381
........ yes 383
........ no" 385
The question shall appear on the ballot at the next general 387
election in an even-numbered year occurring at least seventy-five 388
days after the petition is filed with the board. If a majority 389
of electors voting on the question vote in the affirmative, 390
candidates for officer of the township or municipal corporation 391
shall thereafter be nominated by nominating petition and be 392
elected only in a nonpartisan election, unless a change in the 393
manner of nominating persons as candidates for election as 394
officers of the township or municipal corporation is made under 395
division (C) or (D) of this section. 396
Sec. 3513.05. Each person desiring to become a candidate 405
for a party nomination or for election to an office or position 406
to be voted for at a primary election, except persons desiring to 407
become joint candidates for the offices of governor and 408
lieutenant governor AND EXCEPT AS OTHERWISE PROVIDED IN SECTION 409
3513.051 OF THE REVISED CODE, shall, not later than four p.m. of 411
the seventy-fifth day before the day of the primary election, or 412
if the primary election is a presidential primary election, not 413
later than four p.m. of the sixtieth day before the day of the 414
presidential primary election, file a declaration of candidacy 415
and petition and pay the fees required under divisions (A) and 417
(B) of section 3513.10 of the Revised Code. The declaration of 418
candidacy and all separate petition papers shall be filed at the 419
same time as one instrument. When the offices are to be voted 420
for at a primary election, persons desiring to become joint 421
candidates for the offices of governor and lieutenant governor 422
shall, not later than four p.m. of the seventy-fifth day before 423
the day of the primary election, comply with section 3513.04 of 424
the Revised Code. The prospective joint candidates' declaration 425
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of candidacy and all separate petition papers of candidacies 426
shall be filed at the same time, as one instrument. 427
If the declaration of candidacy declares a candidacy which 429
is to be submitted to electors throughout the entire state, the 430
petition, including a petition for joint candidates for the 431
offices of governor and lieutenant governor, shall be signed by 432
at least one thousand qualified electors who are members of the 433
same political party as the candidate or joint candidates, and 434
the declaration of candidacy and petition shall be filed with the 435
secretary of state; provided that the secretary of state shall 436
not accept or file any such petition appearing on its face to 437
contain signatures of more than three thousand electors. 438
Except as otherwise provided in this paragraph, if the 440
declaration of candidacy is of one that is to be submitted only 441
to electors within a district, political subdivision, or portion 442
thereof, the petition shall be signed by not less than fifty 443
qualified electors who are members of the same political party as 444
the political party of which the candidate is a member. If the 445
declaration of candidacy is for party nomination as a candidate 446
for member of the legislative authority of a municipal 447
corporation elected by ward, the petition shall be signed by not 448
less than twenty-five qualified electors who are members of the 449
political party of which the candidate is a member. 450
No such petition, except the petition for a candidacy that 452
is to be submitted to electors throughout the entire state, shall 453
be accepted for filing if it appears to contain on its face 454
signatures of more than three times the minimum number of 455
signatures. When a petition of a candidate has been accepted for 456
filing by a board of elections, the petition shall not be deemed 457
invalid if, upon verification of signatures contained in the 458
petition, the board of elections finds the number of signatures 459
accepted exceeds three times the minimum number of signatures 460
required. A board of elections may discontinue verifying 461
signatures on petitions when the number of verified signatures 462
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equals the minimum required number of qualified signatures. 463
If the declaration of candidacy declares a candidacy for 465
party nomination or for election as a candidate of an 466
intermediate or minor party, the minimum number of signatures on 467
such petition is one-half the minimum number provided in this 468
section, except that, when the candidacy is one for election as a 469
member of the state central committee or the county central 470
committee of a political party, the minimum number shall be the 471
same for an intermediate or minor party as for a major party. 472
If a declaration of candidacy is one for election as a 474
member of the state central committee or the county central 475
committee of a political party, the petition shall be signed by 476
five qualified electors of the district, county, ward, township, 477
or precinct within which electors may vote for such candidate. 478
The electors signing such petition shall be members of the same 479
political party as the political party of which the candidate is 480
a member. 481
For purposes of signing or circulating a petition of 483
candidacy for party nomination or election, an elector is 484
considered to be a member of a political party if the elector 485
voted in that party's primary election within the preceding two 487
calendar years, or if the elector did not vote in any other 488
party's primary election within the preceding two calendar years. 489
If the declaration of candidacy is of one that is to be 491
submitted only to electors within a county, or within a district 492
or subdivision or part thereof smaller than a county, the 493
petition shall be filed with the board of elections of the 494
county. If the declaration of candidacy is of one that is to be 495
submitted only to electors of a district or subdivision or part 496
thereof that is situated in more than one county, the petition 497
shall be filed with the board of elections of the county within 498
which the major portion of the population thereof, as ascertained 499
by the next preceding federal census, is located. 500
A petition shall consist of separate petition papers, each 502
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of which shall contain signatures of electors of only one county. 503
Petitions or separate petition papers containing signatures of 504
electors of more than one county shall not thereby be declared 505
invalid. In case petitions or separate petition papers 506
containing signatures of electors of more than one county are 507
filed, the board shall determine the county from which the 508
majority of signatures came, and only signatures from such county 509
shall be counted. Signatures from any other county shall be 510
invalid. 511
Each separate petition paper shall be circulated by one 513
person only, who shall be the candidate or a joint candidate or a 514
member of the same political party as the candidates, and each 515
separate petition paper shall be governed by the rules set forth 516
in section 3501.38 of the Revised Code. 517
The secretary of state shall promptly transmit to each 519
board such separate petition papers of each petition accompanying 520
a declaration of candidacy filed with him THE SECRETARY OF STATE 521
as purport to contain signatures of electors of the county of 523
such board. The board of the most populous county of a district 524
shall promptly transmit to each board within such district such 525
separate petition papers of each petition accompanying a 526
declaration of candidacy filed with it as purport to contain 527
signatures of electors of the county of each such board. The 528
board of a county within which the major portion of the 529
population of a subdivision, situated in more than one county, is 530
located, shall promptly transmit to the board of each other 531
county within which a portion of such subdivision is located such 532
separate petition papers of each petition accompanying a 533
declaration of candidacy filed with it as purport to contain 534
signatures of electors of the portion of such subdivision in the 535
county of each such board.
All petition papers so transmitted to a board and all 537
petitions accompanying declarations of candidacy filed with such 538
board shall, under proper regulations, be open to public 539
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inspection until four p.m. of the seventieth day before the day 540
of the next primary election, or if that next primary election is 541
a presidential primary election, the fifty-fifth day before that 542
presidential primary election. Each board shall, not later than 543
the sixty-eighth day before the day of such primary election, or 544
if the primary election is a presidential primary election, not 545
later than the fifty-third day before such presidential primary 546
election, examine and determine the validity or invalidity of the 547
signatures on the petition papers so transmitted to or filed with 548
it and shall return to the secretary of state all petition papers 549
transmitted to it by the secretary of state, together with its 550
certification of its determination as to the validity or 551
invalidity of signatures thereon, and shall return to each other 552
board all petition papers transmitted to it by such board, 553
together with its certification of its determination as to the 554
validity or invalidity of the signatures thereon. All other 555
matters affecting the validity or invalidity of such petition 556
papers shall be determined by the secretary of state or the board 557
with whom such petition papers were filed. 558
Protests against the candidacy of any person filing a 560
declaration of candidacy for party nomination or for election to 561
an office or position, as provided in this section, may be filed 562
by any qualified elector who is a member of the same political 563
party as the candidate and who is eligible to vote at the primary 564
election for the candidate whose declaration of candidacy he THE 565
ELECTOR objects to, or by the controlling committee of such 567
party. Such protest must be in writing, and must be filed not 568
later than four p.m. of the sixty-fourth day before the day of 569
the primary election, or if the primary election is a 570
presidential primary election, not later than four p.m. of the 571
forty-ninth day before the day of the presidential primary 572
election. Such protest shall be filed with the election 573
officials with whom the declaration of candidacy and petition was 574
filed. Upon the filing of such protest, the election officials 575
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with whom it is filed shall promptly fix the time for hearing it, 576
and shall forthwith mail notice of the filing of such protest and 577
the time fixed for hearing to the person whose candidacy is so 578
protested. They shall also forthwith mail notice of the time 579
fixed for such hearing to the person who filed the protest. At 580
the time fixed, such election officials shall hear the protest 581
and determine the validity or invalidity of the declaration of 582
candidacy and petition. If they find that such candidate is not 583
an elector of the state, district, county, or political 584
subdivision in which the candidate seeks a party nomination or 585
election to an office or position, or has not fully complied with 587
this chapter, the candidate's declaration of candidacy and 589
petition shall be determined to be invalid and shall be rejected, 590
otherwise it shall be determined to be valid. Such determination 591
shall be final.
A protest against the candidacy of any persons filing a 593
declaration of candidacy for joint party nomination to the 594
offices of governor and lieutenant governor shall be filed, 595
heard, and determined in the same manner as a protest against the 596
candidacy of any person filing a declaration of candidacy singly. 597
The secretary of state shall, on the sixtieth day before 599
the day of a primary election, or if the primary election is a 600
presidential primary election, on the forty-fifth day before the 601
day of the presidential primary election, certify to each board 602
in the state the forms of the official ballots to be used at such 603
primary election, together with the names of the candidates to be 604
printed thereon whose nomination or election is to be determined 605
by electors throughout the entire state and who filed valid 606
declarations of candidacy and petitions. 607
The board of the most populous county in a district 609
comprised of more than one county but less than all of the 610
counties of the state shall on the sixtieth day before the day of 611
a primary election, or if the primary election is a presidential 612
primary election, on the forty-fifth day before the day of a 613
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presidential primary election, certify to the board of each 614
county in the district the names of the candidates to be printed 615
on the official ballots to be used at such primary election, 616
whose nomination or election is to be determined only by electors 617
within such district and who filed valid declarations of 618
candidacy and petitions. 619
The board of a county within which the major portion of the 621
population of a subdivision smaller than the county and situated 622
in more than one county is located shall, on the sixtieth day 623
before the day of a primary election, or if the primary election 624
is a presidential primary election, on the forty-fifth day before 625
the day of a presidential primary election, certify to the board 626
of each county in which a portion of such subdivision is located 627
the names of the candidates to be printed on the official ballots 628
to be used at such primary election, whose nomination or election 629
is to be determined only by electors within such subdivision and 630
who filed valid declarations of candidacy and petitions. 631
Sec. 3513.051. (A) THE COUNTY CENTRAL COMMITTEE OF A 640
POLITICAL PARTY IN A PARTICULAR COUNTY MAY DETERMINE, NOT LATER 642
THAN THE THIRTY-FIRST DAY OF DECEMBER OF THE YEAR PRECEDING THE 644
NEXT PRIMARY ELECTION AT WHICH CANDIDATES FOR MEMBER OF THE
COUNTY CENTRAL COMMITTEE ARE ELECTED, THAT EACH PERSON DESIRING 646
TO BECOME A CANDIDATE FOR ELECTION AS A MEMBER OF THE COUNTY 647
CENTRAL COMMITTEE OF THAT PARTY IN THAT COUNTY SHALL FILE A 648
DECLARATION OF CANDIDACY AS REQUIRED BY SECTION 3513.05 OF THE 649
REVISED CODE BUT IS NOT REQUIRED TO FILE A PETITION AS REQUIRED 650
BY THAT SECTION. IF THE COUNTY CENTRAL COMMITTEE OF A POLITICAL 651
PARTY SO DETERMINES, EACH PERSON DESIRING TO BECOME A CANDIDATE 652
FOR ELECTION AS A MEMBER OF THE COUNTY CENTRAL COMMITTEE OF THAT
PARTY IN THAT COUNTY IS NOT REQUIRED TO FILE A PETITION AS 653
REQUIRED BY THAT SECTION BUT SHALL COMPLY WITH ALL OTHER 654
APPLICABLE REQUIREMENTS OF THAT SECTION. 655
(B) IF THE COUNTY CENTRAL COMMITTEE OF A POLITICAL PARTY 657
IN A PARTICULAR COUNTY HAS DETERMINED PURSUANT TO DIVISION (A) OF 659
17
THIS SECTION THAT EACH PERSON DESIRING TO BECOME A CANDIDATE FOR 660
ELECTION AS A MEMBER OF THE COUNTY CENTRAL COMMITTEE OF THAT 662
PARTY IN THAT COUNTY IS NOT REQUIRED TO FILE A PETITION AS 663
REQUIRED BY SECTION 3513.05 OF THE REVISED CODE, THE COUNTY 664
CENTRAL COMMITTEE OF THAT POLITICAL PARTY IN THAT COUNTY MAY 665
SUBSEQUENTLY DETERMINE THAT EACH PERSON DESIRING TO BECOME A 666
CANDIDATE FOR ELECTION AS A MEMBER OF THE COUNTY CENTRAL 667
COMMITTEE OF THAT PARTY IN THAT COUNTY SHALL FILE THAT PETITION. 668
THE COUNTY CENTRAL COMMITTEE SHALL MAKE THAT DETERMINATION NOT 669
LATER THAN THE THIRTY-FIRST DAY OF DECEMBER OF THE YEAR PRECEDING 670
THE NEXT PRIMARY ELECTION AT WHICH CANDIDATES FOR MEMBER OF THE 671
COUNTY CENTRAL COMMITTEE ARE ELECTED. AFTER THE COMMITTEE MAKES 672
THAT DETERMINATION, EACH PERSON DESIRING TO BECOME A CANDIDATE 673
FOR ELECTION AS A MEMBER OF THE COUNTY CENTRAL COMMITTEE OF THAT 674
PARTY IN THAT COUNTY SHALL FILE THE PETITION REQUIRED BY SECTION 675
3513.05 OF THE REVISED CODE AND SHALL MEET ALL OTHER APPLICABLE 676
REQUIREMENTS OF THAT SECTION. 677
Sec. 3513.12. At a presidential primary election, which 679
shall be held on the third FIRST Tuesday AFTER THE FIRST MONDAY 681
in March in the year 1996 2000, and similarly in every fourth 683
year thereafter, delegates and alternates to the national 684
conventions of the different major political parties shall be 685
chosen by direct vote of the electors as provided in this 686
chapter. Candidates for delegate and alternate shall be 687
qualified and the election shall be conducted in the manner 688
prescribed in this chapter for the nomination of candidates for 689
state and district offices, except as provided in section 690
3513.151 of the Revised Code and except that whenever any group 691
of candidates for delegate at large or alternate at large, or any 692
group of candidates for delegates or alternates from districts, 693
file with the secretary of state statements as provided by this 694
section, designating the same persons as their first and second 695
choices for president of the United States, such a group of 696
candidates may submit a group petition containing a declaration 697
18
of candidacy for each of such candidates. The group petition 698
need be signed only by the number of electors required for the 699
petition of a single candidate. No group petition shall be 700
submitted except by a group of candidates equal in number to the 701
whole number of delegates at large or alternates at large to be 702
elected or equal in number to the whole number of delegates or
alternates from a district to be elected. 703
Each person seeking to be elected as delegate or alternate 705
to the national convention of his THE PERSON'S political party 706
shall file with his THE PERSON'S declaration of candidacy and 708
certificate a statement in writing signed by him THE PERSON in 710
which he THE PERSON shall state his THE PERSON'S first and second 712
choices for nomination as the candidate of his THE PERSON'S party 713
for the presidency of the United States. The secretary of state 714
shall not permit any declaration of candidacy and certificate of 715
a candidate for election as such delegate or alternate to be 716
filed unless accompanied by such statement in writing. The name 717
of a candidate for the presidency shall not be so used without 718
his THE CANDIDATE'S written consent. 719
A person who is a first choice for president of candidates 721
seeking election as delegates and alternates shall file with the 722
secretary of state, prior to the day of the election, a list 723
indicating the order in which certificates of election are to be 724
issued to delegate or alternate candidates to whose candidacy he 725
THE PERSON has consented, if fewer than all of such candidates 727
are entitled under party rules to be certified as elected. Each 728
candidate for election as such delegate or alternate may also 729
file along with his THE CANDIDATE'S declaration of candidacy and 730
certificate a statement in writing signed by him THE CANDIDATE in 732
the following form:
"Statement of Candidate 735
For Election as ............ (Delegate) (Alternate) to the 737
............ (name of political party) National Convention 739
I hereby declare to the voters of my political party in the 741
19
State of Ohio that, if elected as ............ (delegate) 742
(alternate) to their national party convention, I shall, to the 743
best of my judgment and ability, support that candidate for 744
President of the United States who shall have been selected at 745
this primary by the voters of my party in the manner provided in 746
Chapter 3513. of the Ohio Revised Code, as their candidate for 747
such office. 748
.............................. 750
(name), Candidate for ........ 751
(Delegate) (Alternate)" 752
The procedures for the selection of candidates for delegate 755
and alternate to the national convention of a political party set 756
forth in this section and in section 3513.121 of the Revised Code 757
are alternative procedures, and if the procedures of this section 758
are followed, the procedures of section 3513.121 of the Revised 759
Code need not be followed. 760
Sec. 3517.03. The controlling committees of each major 769
political party or organization shall be a state central 770
committee consisting of two members, one a man and one a woman, 771
representing either each congressional district in the state or 772
each senatorial district in the state, as the outgoing committee 773
determines; a county central committee consisting of one member 774
from each election precinct in the county, or of one member from 775
each ward in each city and from each township in the county, as 776
the outgoing committee determines; and such district, city, 777
township, or other committees as the rules of the party provide. 778
All the members of such committees shall be members of the 780
party and shall be elected for terms of either two or four years, 781
as determined by party rules, by direct vote at the primary held 782
in an even-numbered year. Candidates for election as state 783
central committee members shall be elected at primaries in the 784
same manner as provided in sections 3513.01 to 3513.32 of the 785
Revised Code, for the nomination of candidates for office in a 786
county. Candidates for election as members of the county central 787
20
committee shall be elected at primaries in the same manner as 788
provided in such sections for the nomination of candidates for 789
county offices, EXCEPT AS OTHERWISE PROVIDED IN SECTION 3513.051 790
OF THE OF THE REVISED CODE. 791
Each major party controlling committee shall elect an 793
executive committee which shall have such powers as are granted 794
to it by the party controlling committee, and as are provided by 795
law. When a judicial, senatorial, or congressional district is 796
comprised of more than one county, the chairman CHAIRPERSON and 797
secretary of the county central committee from each county in 798
such district shall constitute the judicial, senatorial, or 799
congressional committee of such district. When a judicial, 800
senatorial, or congressional district is included within a 801
county, the county central committee shall constitute the 802
judicial, senatorial, or congressional committee of such 803
district.
The controlling committee of each intermediate political 805
party or organization shall be a state central committee 806
consisting of two members, one a man and one a woman, from each 807
congressional district in the state. All members of such 808
committee shall be members of the party and shall be elected by 809
direct vote at the primary held in the even-numbered years. 810
Candidates for election shall be elected at the primary in the 811
same manner as provided in sections 3513.01 to 3513.32 of the 812
Revised Code. An intermediate political party may have such 813
other party organization as its rules provide. Each intermediate 814
party shall file the names and addresses of its officers with the 815
secretary of state. 816
A minor political party may elect controlling committees at 818
a primary election in the even-numbered year by filing a plan for 819
party organization with the secretary of state on or before the 820
ninetieth day before the day of the primary election. Such plan 821
shall specify which offices are to be elected and provide the 822
procedure for qualification of candidates for such offices. 823
21
Candidates to be elected pursuant to such plan shall be required 824
to be designated and qualified on or before the ninetieth day 825
before the day of the election. Such parties may, in lieu of 826
electing a controlling committee or other officials, choose such 827
committee or other officials in accordance with party rules. 828
Each such party shall file the names and addresses of members of 829
its controlling committee and party officers with the secretary 830
of state. 831
Section 2. That existing sections 3501.01, 3513.01, 833
3513.05, 3513.12, and 3517.03 of the Revised Code are hereby 834
repealed.