As Reported by the Senate State and Local Government         1            

                 and Veterans Affairs Committee                    2            

123rd General Assembly                                             5            

   Regular Session                            Sub. H. B. No. 157   6            

      1999-2000                                                    7            


  REPRESENTATIVES CATES-BUCHY-CALLENDER-CORBIN-COUGHLIN-EVANS-     9            

         GOODMAN-HARRIS-JACOBSON-JOLIVETTE-KREBS-MYERS-            10           

            NETZLEY-OLMAN-ROMAN-SCHUCK-O'BRIEN-YOUNG-              12           

                SENATORS WATTS-BLESSING-SCHAFRATH                               


_________________________________________________________________   14           

                          A   B I L L                                           

             To amend sections 3501.01, 3513.01, 3513.05,          16           

                3513.12, and 3517.03 and to enact section          17           

                3513.051 of the Revised Code to change the date    19           

                of the primary election held in presidential                    

                election years from the third Tuesday in March to  20           

                the first Tuesday after the first Monday in                     

                March, and to allow the county central committee   21           

                of a political party to determine that persons     22           

                desiring to become candidates for election as a    23           

                member of the county central committee of that                  

                party in that county need not file a petition.     24           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        26           

      Section 1.  That sections 3501.01, 3513.01, 3513.05,         28           

3513.12, and 3517.03 be amended and section 3513.051 of the        29           

Revised Code by enacted to read as follows:                        30           

      Sec. 3501.01.  As used in the sections of the Revised Code   39           

relating to elections and political communications:                40           

      (A)  "General election" means the election held on the       42           

first Tuesday after the first Monday in each November.             43           

      (B)  "Regular municipal election" means the election held    45           

on the first Tuesday after the first Monday in November in each    46           

odd-numbered year.                                                 47           

                                                          2      


                                                                 
      (C)  "Regular state election" means the election held on     49           

the first Tuesday after the first Monday in November in each       50           

even-numbered year.                                                51           

      (D)  "Special election" means any election other than those  53           

elections defined in other divisions of this section.  A special   54           

election may be held only on the first Tuesday after the first     55           

Monday in February, May, August, or November, or on the day        56           

authorized by a particular municipal or county charter for the     57           

holding of a primary election, except that in any year in which a  58           

presidential primary election is held, no special election shall   59           

be held in February or May, except as authorized by a municipal    60           

or county charter, but may be held on the third FIRST Tuesday      61           

AFTER THE FIRST MONDAY in March.                                   63           

      (E)(1)  "Primary" or "primary election" means an election    65           

held for the purpose of nominating persons as candidates of        66           

political parties for election to offices, and for the purpose of  67           

electing persons as members of the controlling committees of       68           

political parties and as delegates and alternates to the           69           

conventions of political parties.  Primary elections shall be      70           

held on the first Tuesday after the first Monday in May of each    71           

year except in years in which a presidential primary election is   72           

held.                                                              73           

      (2)  "Presidential primary election" means a primary         75           

election as that term is defined by division (E)(1) of this        76           

section at which an election is held for the purpose of choosing   77           

delegates and alternates to the national conventions of the major  78           

political parties pursuant to section 3513.12 of the Revised       79           

Code.  Unless otherwise specified, presidential primary elections  80           

are included in references to primary elections.  In years in      81           

which a presidential primary election is held, all primary         82           

elections shall be held on the third FIRST Tuesday AFTER THE       83           

FIRST MONDAY in March except as otherwise authorized by a          86           

municipal or county charter.                                                    

      (F)  "Political party" means any group of voters meeting     88           

                                                          3      


                                                                 
the requirements set forth in section 3517.01 of the Revised Code  89           

for the formation and existence of a political party.              90           

      (1)  "Major political party" means any political party       92           

organized under the laws of this state whose candidate for         93           

governor or nominees for presidential electors received no less    94           

than twenty per cent of the total vote cast for such office at     95           

the most recent regular state election.                            96           

      (2)  "Intermediate political party" means any political      98           

party organized under the laws of this state whose candidate for   99           

governor or nominees for presidential electors received less than  100          

twenty per cent but not less than ten per cent of the total vote   101          

cast for such office at the most recent regular state election.    104          

      (3)  "Minor political party" means any political party       106          

organized under the laws of this state whose candidate for         107          

governor or nominees for presidential electors received less than  108          

ten per cent but not less than five per cent of the total vote     109          

cast for such office at the most recent regular state election or  112          

which has filed with the secretary of state, subsequent to any                  

election in which it received less than five per cent of such      113          

vote, a petition signed by qualified electors equal in number to   114          

at least one per cent of the total vote cast for such office in    115          

the last preceding regular state election, except that a newly     116          

formed political party shall be known as a minor political party   117          

until the time of the first election for governor or president     118          

which occurs not less than twelve months subsequent to the         119          

formation of such party, after which election the status of such   120          

party shall be determined by the vote for the office of governor   121          

or president.                                                      122          

      (G)  "Dominant party in a precinct" or "dominant political   124          

party in a precinct" means that political party whose candidate    125          

for election to the office of governor at the most recent regular  128          

state election at which a governor was elected received more       129          

votes than any other person received for election to said THAT     130          

office in such precinct at such election.                          131          

                                                          4      


                                                                 
      (H)  "Candidate" means any qualified person certified in     133          

accordance with the provisions of the Revised Code for placement   134          

on the official ballot of a primary, general, or special election  135          

to be held in this state, or any qualified person who represents   136          

himself or herself CLAIMS to be a write-in candidate, or who       137          

knowingly assents to such representation BEING REPRESENTED AS A    138          

WRITE-IN CANDIDATE by another at either a primary, general, or     140          

special election to be held in this state.                                      

      (I)  "Independent candidate" means any candidate who does    142          

not consider himself or herself CLAIMS NOT TO BE affiliated with   143          

a political party, and who has his or her WHOSE name HAS BEEN      145          

certified on the office-type ballot at a general or special                     

election through the filing of a statement of candidacy and        146          

nominating petition, as prescribed in section 3513.257 of the      147          

Revised Code.                                                                   

      (J)  "Nonpartisan candidate" means any candidate whose name  149          

is required, pursuant to section 3505.04 of the Revised Code, to   150          

be listed on the nonpartisan ballot, including all candidates for  151          

judicial office, for member of any board of education, for         152          

municipal or township offices in which primary elections are not   153          

held for nominating candidates by political parties, and for       154          

offices of municipal corporations having charters that provide     155          

for separate ballots for elections for these offices.              156          

      (K)  "Party candidate" means any candidate who considers     158          

himself or herself CLAIMS TO BE a member of a political party,     159          

who has his or her WHOSE name HAS BEEN certified on the            161          

office-type ballot at a general or special election through the    162          

filing of a declaration of candidacy and petition of candidate,    163          

and who has won the primary election of his or her THE                          

CANDIDATE'S party for the public office the candidate seeks or is  164          

selected by party committee in accordance with section 3513.31 of  165          

the Revised Code.                                                               

      (L)  "Officer of a political party" includes, but is not     167          

limited to, any member, elected or appointed, of a controlling     168          

                                                          5      


                                                                 
committee, whether representing the territory of the state, a      169          

district therein, a county, township, a city, a ward, a precinct,  170          

or other territory, of a major, intermediate, or minor political   171          

party.                                                             172          

      (M)  "Question or issue" means any question or issue         174          

certified in accordance with the Revised Code for placement on an  175          

official ballot at a general or special election to be held in     176          

this state.                                                        177          

      (N)  "Elector" or "qualified elector" means a person having  179          

the qualifications provided by law to be entitled to vote.         181          

      (O)  "Voter" means an elector who votes at an election.      183          

      (P)  "Voting residence" means that place of residence of an  185          

elector which shall determine the precinct in which the elector    187          

may vote.                                                                       

      (Q)  "Precinct" means a district within a county             189          

established by the board of elections of such county within which  190          

all qualified electors having a voting residence therein may vote  191          

at the same polling place.                                         192          

      (R)  "Polling place" means that place provided for each      194          

precinct at which the electors having a voting residence in such   195          

precinct may vote.                                                 196          

      (S)  "Board" or "board of elections" means the board of      198          

elections appointed in a county pursuant to section 3501.06 of     199          

the Revised Code.                                                  200          

      (T)  "Political subdivision" means "county," "township,"     202          

"city," "village," or "school district."                           203          

      (U)  "Election officer or official" means any of the         205          

following:                                                         206          

      (1)  Secretary of state;                                     208          

      (2)  Employees of the secretary of state serving in the      210          

division of elections in the capacity of attorney, administrative  211          

officer, administrative assistant, elections administrator,        212          

office manager, or clerical supervisor;                            213          

      (3)  Director of a board of elections;                       215          

                                                          6      


                                                                 
      (4)  Deputy director of a board of elections;                217          

      (5)  Employees of a board of elections;                      219          

      (6)  Precinct polling place judges and clerks;               221          

      (7)  Employees appointed by the boards of elections on a     223          

temporary or part-time basis.                                      224          

      (V)  "Acknowledgment notice" means a notice sent by a board  226          

of elections, on a form prescribed by the secretary of state,      227          

informing a voter registration applicant or an applicant who       228          

wishes to change his or her THE APPLICANT'S residence or name of   229          

the status of his or her THE application; the information          230          

necessary to complete or update his or her THE application, if     231          

any; and if the application is complete, the precinct in which     232          

the applicant is to vote.                                                       

      (W)  "Confirmation notice" means a notice sent by a board    234          

of elections, on a form prescribed by the secretary of state, to   235          

a registered elector to confirm the registered elector's current   236          

address.                                                                        

      (X)  "Designated agency" means an office or agency in the    238          

state that provides public assistance or that provides             239          

state-funded programs primarily engaged in providing services to   240          

persons with disabilities and that is required by the National     241          

Voter Registration Act of 1993 to implement a program designed                  

and administered by the secretary of state for registering         242          

voters, or any other public or government office or agency that    243          

implements a program designed and administered by the secretary    244          

of state for registering voters, including the department of       245          

human services, the program administered under section 3701.132                 

of the Revised Code by the department of health, the department    246          

of mental health, the department of mental retardation and         247          

developmental disabilities, the rehabilitation services            248          

commission, and any other agency the secretary of state            249          

designates.  "Designated agency" does not include public high      250          

schools and vocational schools, public libraries, or the office    251          

of a county treasurer.                                                          

                                                          7      


                                                                 
      (Y)  "National Voter Registration Act of 1993" means the     253          

"National Voter Registration Act of 1993," 107 Stat. 77, 42        254          

U.S.C.A. 1973gg.                                                                

      (Z)  "Voting Rights Act of 1965" means the "Voting Rights    256          

Act of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.          257          

      Sec. 3513.01.  (A)  Except as otherwise provided in this     266          

section, on the third FIRST Tuesday AFTER THE FIRST MONDAY in      268          

March of 1996 2000 and every fourth year thereafter, and on the    270          

first Tuesday after the first Monday in May of every other year,   271          

primary elections shall be held for the purpose of nominating      272          

persons as candidates of political parties for election to         273          

offices to be voted for at the succeeding general election.        274          

      (B)  The manner of nominating persons as candidates for      276          

election as officers of a municipal corporation having a           277          

population of two thousand or more, as ascertained by the most     278          

recent federal census, shall be the same as the manner in which    281          

candidates were nominated for election as officers in the                       

municipal corporation in 1989 unless the manner of nominating      282          

such candidates is changed under division (C), (D), or (E) of      283          

this section.                                                      284          

      (C)  Primary elections shall not be held for the nomination  286          

of candidates for election as officers of any township, or any     287          

municipal corporation having a population of less than two         288          

thousand persons, unless a majority of the electors of any such    289          

township or municipal corporation, as determined by the total      290          

number of votes cast in such township or municipal corporation     291          

for the office of governor at the most recent regular state        293          

election, files with the board of elections of the county within   294          

which such township or municipal corporation is located, or        295          

within which the major portion of the population thereof is        296          

located, if the municipal corporation is situated in more than     297          

one county, not later than one hundred five days before the day    298          

of a primary election, a petition signed by such electors asking   299          

that candidates for election as officers of such township or       300          

                                                          8      


                                                                 
municipal corporation be nominated as candidates of political      301          

parties, in which event primary elections shall be held in such    302          

township or municipal corporation for the purpose of nominating    303          

persons as candidates of political parties for election as         304          

officers of such township or municipal corporation to be voted     305          

for at the succeeding regular municipal election.  In a township   308          

or municipal corporation where a majority of the electors have     309          

filed a petition asking that candidates for election as officers   310          

of the township or municipal corporation be nominated as           311          

candidates of political parties, the nomination of candidates for  312          

a nonpartisan election may be reestablished in the manner          313          

prescribed in division (E) of this section.                                     

      (D)(1)  The electors in a municipal corporation having a     315          

population of two thousand or more, in which municipal officers    316          

were nominated in the most recent election by nominating petition  317          

and elected by nonpartisan election, may place on the ballot in    318          

the manner prescribed in division (D)(2) of this section the       319          

question of changing to the primary-election method of nominating  320          

persons as candidates for election as officers of the municipal    321          

corporation.                                                       322          

      (2)  The board of elections of the county within which the   324          

municipal corporation is located, or, if the municipal             325          

corporation is located in more than one county, of the county      326          

within which the major portion of the population of the municipal  327          

corporation is located, shall, upon receipt of a petition signed   328          

by electors of the municipal corporation equal in number to at     329          

least ten per cent of the vote cast at the last MOST RECENT        330          

regular municipal election, submit to the electors of the          332          

municipal corporation the question of changing to the              333          

primary-election method of nominating persons as candidates for    334          

election as officers of the municipal corporation.  The ballot     335          

language shall be substantially as follows:                        336          

      "Shall candidates for election as officers of ............   338          

(name of municipal corporation) in the county of ............      339          

                                                          9      


                                                                 
(name of county) be nominated as candidates of political parties?  340          

........ yes                                                       342          

........ no"                                                       344          

      The question shall be placed on the ballot at the next       346          

general election in an even-numbered year occurring at least       347          

seventy-five days after the petition is filed with the board.  If  348          

a majority of the electors voting on the question vote in the      349          

affirmative, candidates for election as officers of the municipal  350          

corporation shall thereafter be nominated as candidates of         351          

political parties in primary elections, under division (A) of      352          

this section, unless a change in the manner of nominating persons  353          

as candidates for election as officers of the municipal            354          

corporation is made under division (E) of this section.            355          

      (E)(1)  The electors in a township or municipal corporation  357          

in which the township or municipal officers are nominated as       358          

candidates of political parties in a primary election may place    359          

on the ballot, in the manner prescribed in division (E)(2) of      360          

this section, the question of changing to the nonpartisan method   361          

of nominating persons as candidates for election as officers of    362          

the township or municipal corporation.                             363          

      (2)  The board of elections of the county within which the   365          

township or municipal corporation is located, or, if the           366          

municipal corporation is located in more than one county, of the   367          

county within which the major portion of the population of the     368          

municipal corporation is located, shall, upon receipt of a         369          

petition signed by electors of the township or municipal           370          

corporation equal in number to at least ten per cent of the vote   371          

cast at the last MOST RECENT regular township or municipal         372          

election, as appropriate, submit to the electors of the township   374          

or municipal corporation, as appropriate, the question of          375          

changing to the nonpartisan method of nominating persons as        376          

candidates for election as officers of the township or municipal   377          

corporation.  The ballot language shall be substantially as        378          

follows:                                                                        

                                                          10     


                                                                 
      "Shall candidates for election as officers of ............   380          

(name of the township or municipal corporation) in the county of   381          

............ (name of county) be nominated as candidates by        382          

nominating petition and be elected only in a nonpartisan           383          

election?                                                          384          

........ yes                                                       386          

........ no"                                                       388          

      The question shall appear on the ballot at the next general  390          

election in an even-numbered year occurring at least seventy-five  391          

days after the petition is filed with the board.  If a majority    392          

of electors voting on the question vote in the affirmative,        393          

candidates for officer of the township or municipal corporation    394          

shall thereafter be nominated by nominating petition and be        395          

elected only in a nonpartisan election, unless a change in the     396          

manner of nominating persons as candidates for election as         397          

officers of the township or municipal corporation is made under    398          

division (C) or (D) of this section.                               399          

      Sec. 3513.05.  Each person desiring to become a candidate    408          

for a party nomination or for election to an office or position    409          

to be voted for at a primary election, except persons desiring to  410          

become joint candidates for the offices of governor and            411          

lieutenant governor AND EXCEPT AS OTHERWISE PROVIDED IN SECTION    412          

3513.051 OF THE REVISED CODE, shall, not later than four p.m. of   414          

the seventy-fifth day before the day of the primary election, or   415          

if the primary election is a presidential primary election, not    416          

later than four p.m. of the sixtieth day before the day of the     417          

presidential primary election, file a declaration of candidacy     418          

and petition and pay the fees required under divisions (A) and     420          

(B) of section 3513.10 of the Revised Code.  The declaration of    421          

candidacy and all separate petition papers shall be filed at the   422          

same time as one instrument.  When the offices are to be voted     423          

for at a primary election, persons desiring to become joint        424          

candidates for the offices of governor and lieutenant governor     425          

shall, not later than four p.m. of the seventy-fifth day before    426          

                                                          11     


                                                                 
the day of the primary election, comply with section 3513.04 of    427          

the Revised Code.  The prospective joint candidates' declaration   428          

of candidacy and all separate petition papers of candidacies       429          

shall be filed at the same time, as one instrument.                430          

      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          

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          

                                                          12     


                                                                 
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          

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          

                                                          13     


                                                                 
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          

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          

                                                          14     


                                                                 
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          

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          

                                                          15     


                                                                 
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          

      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          

                                                          16     


                                                                 
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. 3513.051.  (A)  THE COUNTY CENTRAL COMMITTEE OF A       643          

POLITICAL PARTY IN A PARTICULAR COUNTY MAY DETERMINE, NOT LATER    645          

THAN ONE HUNDRED TWENTY DAYS PRIOR TO THE NEXT PRIMARY ELECTION    647          

AT WHICH CANDIDATES FOR MEMBER OF THE COUNTY CENTRAL COMMITTEE     648          

ARE ELECTED, THAT EACH PERSON DESIRING TO BECOME A CANDIDATE FOR   650          

ELECTION AS A MEMBER OF THE COUNTY CENTRAL COMMITTEE OF THAT                    

PARTY IN THAT COUNTY SHALL FILE A DECLARATION OF CANDIDACY AS      651          

REQUIRED BY SECTION 3513.05 OF THE REVISED CODE BUT IS NOT         652          

REQUIRED TO FILE A PETITION AS REQUIRED BY THAT SECTION.  IF THE   653          

COUNTY CENTRAL COMMITTEE OF A POLITICAL PARTY SO DETERMINES, EACH  654          

PERSON DESIRING TO BECOME A CANDIDATE FOR ELECTION AS A MEMBER OF  655          

THE COUNTY CENTRAL COMMITTEE OF THAT PARTY IN THAT COUNTY IS NOT   656          

REQUIRED TO FILE A PETITION AS REQUIRED BY THAT SECTION BUT SHALL  657          

COMPLY WITH ALL OTHER APPLICABLE REQUIREMENTS OF THAT SECTION.     658          

      (B)  IF THE COUNTY CENTRAL COMMITTEE OF A POLITICAL PARTY    660          

                                                          17     


                                                                 
IN A PARTICULAR COUNTY HAS DETERMINED PURSUANT TO DIVISION (A) OF  662          

THIS SECTION THAT EACH PERSON DESIRING TO BECOME A CANDIDATE FOR   663          

ELECTION AS A MEMBER OF THE COUNTY CENTRAL COMMITTEE OF THAT       665          

PARTY IN THAT COUNTY IS NOT REQUIRED TO FILE A PETITION AS         666          

REQUIRED BY SECTION 3513.05 OF THE REVISED CODE, THE COUNTY        667          

CENTRAL COMMITTEE OF THAT POLITICAL PARTY IN THAT COUNTY MAY       668          

SUBSEQUENTLY DETERMINE THAT EACH PERSON DESIRING TO BECOME A       669          

CANDIDATE FOR ELECTION AS A MEMBER OF THE COUNTY CENTRAL           670          

COMMITTEE OF THAT PARTY IN THAT COUNTY SHALL FILE THAT PETITION.   671          

THE COUNTY CENTRAL COMMITTEE SHALL MAKE THAT DETERMINATION NOT     672          

LATER THAN ONE HUNDRED TWENTY DAYS PRIOR TO THE NEXT PRIMARY       673          

ELECTION AT WHICH CANDIDATES FOR MEMBER OF THE COUNTY CENTRAL      674          

COMMITTEE ARE ELECTED.  AFTER THE COMMITTEE MAKES THAT             675          

DETERMINATION, EACH PERSON DESIRING TO BECOME A CANDIDATE FOR      676          

ELECTION AS A MEMBER OF THE COUNTY CENTRAL COMMITTEE OF THAT       677          

PARTY IN THAT COUNTY SHALL FILE THE PETITION REQUIRED BY SECTION   678          

3513.05 OF THE REVISED CODE AND SHALL MEET ALL OTHER APPLICABLE    679          

REQUIREMENTS OF THAT SECTION.                                      680          

      Sec. 3513.12.  At a presidential primary election, which     682          

shall be held on the third FIRST Tuesday AFTER THE FIRST MONDAY    684          

in March in the year 1996 2000, and similarly in every fourth      686          

year thereafter, delegates and alternates to the national          687          

conventions of the different major political parties shall be      688          

chosen by direct vote of the electors as provided in this          689          

chapter.  Candidates for delegate and alternate shall be           690          

qualified and the election shall be conducted in the manner        691          

prescribed in this chapter for the nomination of candidates for    692          

state and district offices, except as provided in section          693          

3513.151 of the Revised Code and except that whenever any group    694          

of candidates for delegate at large or alternate at large, or any  695          

group of candidates for delegates or alternates from districts,    696          

file with the secretary of state statements as provided by this    697          

section, designating the same persons as their first and second    698          

choices for president of the United States, such a group of        699          

                                                          18     


                                                                 
candidates may submit a group petition containing a declaration    700          

of candidacy for each of such candidates.  The group petition      701          

need be signed only by the number of electors required for the     702          

petition of a single candidate.  No group petition shall be        703          

submitted except by a group of candidates equal in number to the   704          

whole number of delegates at large or alternates at large to be    705          

elected or equal in number to the whole number of delegates or                  

alternates from a district to be elected.                          706          

      Each person seeking to be elected as delegate or alternate   708          

to the national convention of his THE PERSON'S political party     709          

shall file with his THE PERSON'S declaration of candidacy and      711          

certificate a statement in writing signed by him THE PERSON in     713          

which he THE PERSON shall state his THE PERSON'S first and second  715          

choices for nomination as the candidate of his THE PERSON'S party  716          

for the presidency of the United States.  The secretary of state   717          

shall not permit any declaration of candidacy and certificate of   718          

a candidate for election as such delegate or alternate to be       719          

filed unless accompanied by such statement in writing.  The name   720          

of a candidate for the presidency shall not be so used without     721          

his THE CANDIDATE'S written consent.                               722          

      A person who is a first choice for president of candidates   724          

seeking election as delegates and alternates shall file with the   725          

secretary of state, prior to the day of the election, a list       726          

indicating the order in which certificates of election are to be   727          

issued to delegate or alternate candidates to whose candidacy he   728          

THE PERSON has consented, if fewer than all of such candidates     730          

are entitled under party rules to be certified as elected.  Each   731          

candidate for election as such delegate or alternate may also      732          

file along with his THE CANDIDATE'S declaration of candidacy and   733          

certificate a statement in writing signed by him THE CANDIDATE in  735          

the following form:                                                             

                     "Statement of Candidate                       738          

   For Election as ............ (Delegate) (Alternate) to the      740          

   ............ (name of political party) National Convention      742          

                                                          19     


                                                                 
      I hereby declare to the voters of my political party in the  744          

State of Ohio that, if elected as ............ (delegate)          745          

(alternate) to their national party convention, I shall, to the    746          

best of my judgment and ability, support that candidate for        747          

President of the United States who shall have been selected at     748          

this primary by the voters of my party in the manner provided in   749          

Chapter 3513. of the Ohio Revised Code, as their candidate for     750          

such office.                                                       751          

                                   ..............................  753          

                                   (name), Candidate for ........  754          

                                   (Delegate) (Alternate)"         755          

      The procedures for the selection of candidates for delegate  758          

and alternate to the national convention of a political party set  759          

forth in this section and in section 3513.121 of the Revised Code  760          

are alternative procedures, and if the procedures of this section  761          

are followed, the procedures of section 3513.121 of the Revised    762          

Code need not be followed.                                         763          

      Sec. 3517.03.  The controlling committees of each major      772          

political party or organization shall be a state central           773          

committee consisting of two members, one a man and one a woman,    774          

representing either each congressional district in the state or    775          

each senatorial district in the state, as the outgoing committee   776          

determines; a county central committee consisting of one member    777          

from each election precinct in the county, or of one member from   778          

each ward in each city and from each township in the county, as    779          

the outgoing committee determines; and such district, city,        780          

township, or other committees as the rules of the party provide.   781          

      All the members of such committees shall be members of the   783          

party and shall be elected for terms of either two or four years,  784          

as determined by party rules, by direct vote at the primary held   785          

in an even-numbered year.  Candidates for election as state        786          

central committee members shall be elected at primaries in the     787          

same manner as provided in sections 3513.01 to 3513.32 of the      788          

Revised Code, for the nomination of candidates for office in a     789          

                                                          20     


                                                                 
county.  Candidates for election as members of the county central  790          

committee shall be elected at primaries in the same manner as      791          

provided in such sections for the nomination of candidates for     792          

county offices, EXCEPT AS OTHERWISE PROVIDED IN SECTION 3513.051   793          

OF THE OF THE REVISED CODE.                                        794          

      Each major party controlling committee shall elect an        796          

executive committee which shall have such powers as are granted    797          

to it by the party controlling committee, and as are provided by   798          

law.  When a judicial, senatorial, or congressional district is    799          

comprised of more than one county, the chairman CHAIRPERSON and    800          

secretary of the county central committee from each county in      801          

such district shall constitute the judicial, senatorial, or        802          

congressional committee of such district.  When a judicial,        803          

senatorial, or congressional district is included within a         804          

county, the county central committee shall constitute the          805          

judicial, senatorial, or congressional committee of such           806          

district.                                                                       

      The controlling committee of each intermediate political     808          

party or organization shall be a state central committee           809          

consisting of two members, one a man and one a woman, from each    810          

congressional district in the state.  All members of such          811          

committee shall be members of the party and shall be elected by    812          

direct vote at the primary held in the even-numbered years.        813          

Candidates for election shall be elected at the primary in the     814          

same manner as provided in sections 3513.01 to 3513.32 of the      815          

Revised Code.  An intermediate political party may have such       816          

other party organization as its rules provide.  Each intermediate  817          

party shall file the names and addresses of its officers with the  818          

secretary of state.                                                819          

      A minor political party may elect controlling committees at  821          

a primary election in the even-numbered year by filing a plan for  822          

party organization with the secretary of state on or before the    823          

ninetieth day before the day of the primary election.  Such plan   824          

shall specify which offices are to be elected and provide the      825          

                                                          21     


                                                                 
procedure for qualification of candidates for such offices.        826          

Candidates to be elected pursuant to such plan shall be required   827          

to be designated and qualified on or before the ninetieth day      828          

before the day of the election.  Such parties may, in lieu of      829          

electing a controlling committee or other officials, choose such   830          

committee or other officials in accordance with party rules.       831          

Each such party shall file the names and addresses of members of   832          

its controlling committee and party officers with the secretary    833          

of state.                                                          834          

      Section 2.  That existing sections 3501.01, 3513.01,         836          

3513.05, 3513.12, and 3517.03 of the Revised Code are hereby       837          

repealed.