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
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(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
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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
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(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
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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
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(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.
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(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
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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
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(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:
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"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
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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
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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
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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
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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
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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
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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.