As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 157 5
1999-2000 6
REPRESENTATIVES CATES-BUCHY-CALLENDER-CORBIN-COUGHLIN-EVANS- 8
GOODMAN-HARRIS-JACOBSON-JOLIVETTE-KREBS-MYERS- 9
NETZLEY-OLMAN-ROMAN-SCHUCK-O'BRIEN-YOUNG- 11
SENATORS WATTS-BLESSING-SCHAFRATH-FINAN-WACHTMANN
_________________________________________________________________ 13
A B I L L
To amend sections 3501.01, 3513.01, 3513.05, 15
3513.12, and 3517.03 and to enact section 16
3513.051 of the Revised Code to change the date 18
of the primary election held in presidential
election years from the third Tuesday in March to 19
the first Tuesday after the first Monday in
March, and to allow the county central committee 20
of a political party to determine that persons 21
desiring to become candidates for election as a 22
member of the county central committee of that
party in that county need not file a petition. 23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 3501.01, 3513.01, 3513.05, 27
3513.12, and 3517.03 be amended and section 3513.051 of the 28
Revised Code by enacted to read as follows: 29
Sec. 3501.01. As used in the sections of the Revised Code 38
relating to elections and political communications: 39
(A) "General election" means the election held on the 41
first Tuesday after the first Monday in each November. 42
(B) "Regular municipal election" means the election held 44
on the first Tuesday after the first Monday in November in each 45
odd-numbered year. 46
(C) "Regular state election" means the election held on 48
2
the first Tuesday after the first Monday in November in each 49
even-numbered year. 50
(D) "Special election" means any election other than those 52
elections defined in other divisions of this section. A special 53
election may be held only on the first Tuesday after the first 54
Monday in February, May, August, or November, or on the day 55
authorized by a particular municipal or county charter for the 56
holding of a primary election, except that in any year in which a 57
presidential primary election is held, no special election shall 58
be held in February or May, except as authorized by a municipal 59
or county charter, but may be held on the third FIRST Tuesday 60
AFTER THE FIRST MONDAY in March. 62
(E)(1) "Primary" or "primary election" means an election 64
held for the purpose of nominating persons as candidates of 65
political parties for election to offices, and for the purpose of 66
electing persons as members of the controlling committees of 67
political parties and as delegates and alternates to the 68
conventions of political parties. Primary elections shall be 69
held on the first Tuesday after the first Monday in May of each 70
year except in years in which a presidential primary election is 71
held. 72
(2) "Presidential primary election" means a primary 74
election as that term is defined by division (E)(1) of this 75
section at which an election is held for the purpose of choosing 76
delegates and alternates to the national conventions of the major 77
political parties pursuant to section 3513.12 of the Revised 78
Code. Unless otherwise specified, presidential primary elections 79
are included in references to primary elections. In years in 80
which a presidential primary election is held, all primary 81
elections shall be held on the third FIRST Tuesday AFTER THE 82
FIRST MONDAY in March except as otherwise authorized by a 85
municipal or county charter.
(F) "Political party" means any group of voters meeting 87
the requirements set forth in section 3517.01 of the Revised Code 88
3
for the formation and existence of a political party. 89
(1) "Major political party" means any political party 91
organized under the laws of this state whose candidate for 92
governor or nominees for presidential electors received no less 93
than twenty per cent of the total vote cast for such office at 94
the most recent regular state election. 95
(2) "Intermediate political party" means any political 97
party organized under the laws of this state whose candidate for 98
governor or nominees for presidential electors received less than 99
twenty per cent but not less than ten per cent of the total vote 100
cast for such office at the most recent regular state election. 103
(3) "Minor political party" means any political party 105
organized under the laws of this state whose candidate for 106
governor or nominees for presidential electors received less than 107
ten per cent but not less than five per cent of the total vote 108
cast for such office at the most recent regular state election or 111
which has filed with the secretary of state, subsequent to any
election in which it received less than five per cent of such 112
vote, a petition signed by qualified electors equal in number to 113
at least one per cent of the total vote cast for such office in 114
the last preceding regular state election, except that a newly 115
formed political party shall be known as a minor political party 116
until the time of the first election for governor or president 117
which occurs not less than twelve months subsequent to the 118
formation of such party, after which election the status of such 119
party shall be determined by the vote for the office of governor 120
or president. 121
(G) "Dominant party in a precinct" or "dominant political 123
party in a precinct" means that political party whose candidate 124
for election to the office of governor at the most recent regular 127
state election at which a governor was elected received more 128
votes than any other person received for election to said THAT 129
office in such precinct at such election. 130
(H) "Candidate" means any qualified person certified in 132
4
accordance with the provisions of the Revised Code for placement 133
on the official ballot of a primary, general, or special election 134
to be held in this state, or any qualified person who represents 135
himself or herself CLAIMS to be a write-in candidate, or who 136
knowingly assents to such representation BEING REPRESENTED AS A 137
WRITE-IN CANDIDATE by another at either a primary, general, or 139
special election to be held in this state.
(I) "Independent candidate" means any candidate who does 141
not consider himself or herself CLAIMS NOT TO BE affiliated with 142
a political party, and who has his or her WHOSE name HAS BEEN 144
certified on the office-type ballot at a general or special
election through the filing of a statement of candidacy and 145
nominating petition, as prescribed in section 3513.257 of the 146
Revised Code.
(J) "Nonpartisan candidate" means any candidate whose name 148
is required, pursuant to section 3505.04 of the Revised Code, to 149
be listed on the nonpartisan ballot, including all candidates for 150
judicial office, for member of any board of education, for 151
municipal or township offices in which primary elections are not 152
held for nominating candidates by political parties, and for 153
offices of municipal corporations having charters that provide 154
for separate ballots for elections for these offices. 155
(K) "Party candidate" means any candidate who considers 157
himself or herself CLAIMS TO BE a member of a political party, 158
who has his or her WHOSE name HAS BEEN certified on the 160
office-type ballot at a general or special election through the 161
filing of a declaration of candidacy and petition of candidate, 162
and who has won the primary election of his or her THE
CANDIDATE'S party for the public office the candidate seeks or is 163
selected by party committee in accordance with section 3513.31 of 164
the Revised Code.
(L) "Officer of a political party" includes, but is not 166
limited to, any member, elected or appointed, of a controlling 167
committee, whether representing the territory of the state, a 168
5
district therein, a county, township, a city, a ward, a precinct, 169
or other territory, of a major, intermediate, or minor political 170
party. 171
(M) "Question or issue" means any question or issue 173
certified in accordance with the Revised Code for placement on an 174
official ballot at a general or special election to be held in 175
this state. 176
(N) "Elector" or "qualified elector" means a person having 178
the qualifications provided by law to be entitled to vote. 180
(O) "Voter" means an elector who votes at an election. 182
(P) "Voting residence" means that place of residence of an 184
elector which shall determine the precinct in which the elector 186
may vote.
(Q) "Precinct" means a district within a county 188
established by the board of elections of such county within which 189
all qualified electors having a voting residence therein may vote 190
at the same polling place. 191
(R) "Polling place" means that place provided for each 193
precinct at which the electors having a voting residence in such 194
precinct may vote. 195
(S) "Board" or "board of elections" means the board of 197
elections appointed in a county pursuant to section 3501.06 of 198
the Revised Code. 199
(T) "Political subdivision" means "county," "township," 201
"city," "village," or "school district." 202
(U) "Election officer or official" means any of the 204
following: 205
(1) Secretary of state; 207
(2) Employees of the secretary of state serving in the 209
division of elections in the capacity of attorney, administrative 210
officer, administrative assistant, elections administrator, 211
office manager, or clerical supervisor; 212
(3) Director of a board of elections; 214
(4) Deputy director of a board of elections; 216
6
(5) Employees of a board of elections; 218
(6) Precinct polling place judges and clerks; 220
(7) Employees appointed by the boards of elections on a 222
temporary or part-time basis. 223
(V) "Acknowledgment notice" means a notice sent by a board 225
of elections, on a form prescribed by the secretary of state, 226
informing a voter registration applicant or an applicant who 227
wishes to change his or her THE APPLICANT'S residence or name of 228
the status of his or her THE application; the information 229
necessary to complete or update his or her THE application, if 230
any; and if the application is complete, the precinct in which 231
the applicant is to vote.
(W) "Confirmation notice" means a notice sent by a board 233
of elections, on a form prescribed by the secretary of state, to 234
a registered elector to confirm the registered elector's current 235
address.
(X) "Designated agency" means an office or agency in the 237
state that provides public assistance or that provides 238
state-funded programs primarily engaged in providing services to 239
persons with disabilities and that is required by the National 240
Voter Registration Act of 1993 to implement a program designed
and administered by the secretary of state for registering 241
voters, or any other public or government office or agency that 242
implements a program designed and administered by the secretary 243
of state for registering voters, including the department of 244
human services, the program administered under section 3701.132
of the Revised Code by the department of health, the department 245
of mental health, the department of mental retardation and 246
developmental disabilities, the rehabilitation services 247
commission, and any other agency the secretary of state 248
designates. "Designated agency" does not include public high 249
schools and vocational schools, public libraries, or the office 250
of a county treasurer.
(Y) "National Voter Registration Act of 1993" means the 252
7
"National Voter Registration Act of 1993," 107 Stat. 77, 42 253
U.S.C.A. 1973gg.
(Z) "Voting Rights Act of 1965" means the "Voting Rights 255
Act of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended. 256
Sec. 3513.01. (A) Except as otherwise provided in this 265
section, on the third FIRST Tuesday AFTER THE FIRST MONDAY in 267
March of 1996 2000 and every fourth year thereafter, and on the 269
first Tuesday after the first Monday in May of every other year, 270
primary elections shall be held for the purpose of nominating 271
persons as candidates of political parties for election to 272
offices to be voted for at the succeeding general election. 273
(B) The manner of nominating persons as candidates for 275
election as officers of a municipal corporation having a 276
population of two thousand or more, as ascertained by the most 277
recent federal census, shall be the same as the manner in which 280
candidates were nominated for election as officers in the
municipal corporation in 1989 unless the manner of nominating 281
such candidates is changed under division (C), (D), or (E) of 282
this section. 283
(C) Primary elections shall not be held for the nomination 285
of candidates for election as officers of any township, or any 286
municipal corporation having a population of less than two 287
thousand persons, unless a majority of the electors of any such 288
township or municipal corporation, as determined by the total 289
number of votes cast in such township or municipal corporation 290
for the office of governor at the most recent regular state 292
election, files with the board of elections of the county within 293
which such township or municipal corporation is located, or 294
within which the major portion of the population thereof is 295
located, if the municipal corporation is situated in more than 296
one county, not later than one hundred five days before the day 297
of a primary election, a petition signed by such electors asking 298
that candidates for election as officers of such township or 299
municipal corporation be nominated as candidates of political 300
8
parties, in which event primary elections shall be held in such 301
township or municipal corporation for the purpose of nominating 302
persons as candidates of political parties for election as 303
officers of such township or municipal corporation to be voted 304
for at the succeeding regular municipal election. In a township 307
or municipal corporation where a majority of the electors have 308
filed a petition asking that candidates for election as officers 309
of the township or municipal corporation be nominated as 310
candidates of political parties, the nomination of candidates for 311
a nonpartisan election may be reestablished in the manner 312
prescribed in division (E) of this section.
(D)(1) The electors in a municipal corporation having a 314
population of two thousand or more, in which municipal officers 315
were nominated in the most recent election by nominating petition 316
and elected by nonpartisan election, may place on the ballot in 317
the manner prescribed in division (D)(2) of this section the 318
question of changing to the primary-election method of nominating 319
persons as candidates for election as officers of the municipal 320
corporation. 321
(2) The board of elections of the county within which the 323
municipal corporation is located, or, if the municipal 324
corporation is located in more than one county, of the county 325
within which the major portion of the population of the municipal 326
corporation is located, shall, upon receipt of a petition signed 327
by electors of the municipal corporation equal in number to at 328
least ten per cent of the vote cast at the last MOST RECENT 329
regular municipal election, submit to the electors of the 331
municipal corporation the question of changing to the 332
primary-election method of nominating persons as candidates for 333
election as officers of the municipal corporation. The ballot 334
language shall be substantially as follows: 335
"Shall candidates for election as officers of ............ 337
(name of municipal corporation) in the county of ............ 338
(name of county) be nominated as candidates of political parties? 339
9
........ yes 341
........ no" 343
The question shall be placed on the ballot at the next 345
general election in an even-numbered year occurring at least 346
seventy-five days after the petition is filed with the board. If 347
a majority of the electors voting on the question vote in the 348
affirmative, candidates for election as officers of the municipal 349
corporation shall thereafter be nominated as candidates of 350
political parties in primary elections, under division (A) of 351
this section, unless a change in the manner of nominating persons 352
as candidates for election as officers of the municipal 353
corporation is made under division (E) of this section. 354
(E)(1) The electors in a township or municipal corporation 356
in which the township or municipal officers are nominated as 357
candidates of political parties in a primary election may place 358
on the ballot, in the manner prescribed in division (E)(2) of 359
this section, the question of changing to the nonpartisan method 360
of nominating persons as candidates for election as officers of 361
the township or municipal corporation. 362
(2) The board of elections of the county within which the 364
township or municipal corporation is located, or, if the 365
municipal corporation is located in more than one county, of the 366
county within which the major portion of the population of the 367
municipal corporation is located, shall, upon receipt of a 368
petition signed by electors of the township or municipal 369
corporation equal in number to at least ten per cent of the vote 370
cast at the last MOST RECENT regular township or municipal 371
election, as appropriate, submit to the electors of the township 373
or municipal corporation, as appropriate, the question of 374
changing to the nonpartisan method of nominating persons as 375
candidates for election as officers of the township or municipal 376
corporation. The ballot language shall be substantially as 377
follows:
"Shall candidates for election as officers of ............ 379
10
(name of the township or municipal corporation) in the county of 380
............ (name of county) be nominated as candidates by 381
nominating petition and be elected only in a nonpartisan 382
election? 383
........ yes 385
........ no" 387
The question shall appear on the ballot at the next general 389
election in an even-numbered year occurring at least seventy-five 390
days after the petition is filed with the board. If a majority 391
of electors voting on the question vote in the affirmative, 392
candidates for officer of the township or municipal corporation 393
shall thereafter be nominated by nominating petition and be 394
elected only in a nonpartisan election, unless a change in the 395
manner of nominating persons as candidates for election as 396
officers of the township or municipal corporation is made under 397
division (C) or (D) of this section. 398
Sec. 3513.05. Each person desiring to become a candidate 407
for a party nomination or for election to an office or position 408
to be voted for at a primary election, except persons desiring to 409
become joint candidates for the offices of governor and 410
lieutenant governor AND EXCEPT AS OTHERWISE PROVIDED IN SECTION 411
3513.051 OF THE REVISED CODE, shall, not later than four p.m. of 413
the seventy-fifth day before the day of the primary election, or 414
if the primary election is a presidential primary election, not 415
later than four p.m. of the sixtieth day before the day of the 416
presidential primary election, file a declaration of candidacy 417
and petition and pay the fees required under divisions (A) and 419
(B) of section 3513.10 of the Revised Code. The declaration of 420
candidacy and all separate petition papers shall be filed at the 421
same time as one instrument. When the offices are to be voted 422
for at a primary election, persons desiring to become joint 423
candidates for the offices of governor and lieutenant governor 424
shall, not later than four p.m. of the seventy-fifth day before 425
the day of the primary election, comply with section 3513.04 of 426
11
the Revised Code. The prospective joint candidates' declaration 427
of candidacy and all separate petition papers of candidacies 428
shall be filed at the same time, as one instrument. 429
If the declaration of candidacy declares a candidacy which 431
is to be submitted to electors throughout the entire state, the 432
petition, including a petition for joint candidates for the 433
offices of governor and lieutenant governor, shall be signed by 434
at least one thousand qualified electors who are members of the 435
same political party as the candidate or joint candidates, and 436
the declaration of candidacy and petition shall be filed with the 437
secretary of state; provided that the secretary of state shall 438
not accept or file any such petition appearing on its face to 439
contain signatures of more than three thousand electors. 440
Except as otherwise provided in this paragraph, if the 442
declaration of candidacy is of one that is to be submitted only 443
to electors within a district, political subdivision, or portion 444
thereof, the petition shall be signed by not less than fifty 445
qualified electors who are members of the same political party as 446
the political party of which the candidate is a member. If the 447
declaration of candidacy is for party nomination as a candidate 448
for member of the legislative authority of a municipal 449
corporation elected by ward, the petition shall be signed by not 450
less than twenty-five qualified electors who are members of the 451
political party of which the candidate is a member. 452
No such petition, except the petition for a candidacy that 454
is to be submitted to electors throughout the entire state, shall 455
be accepted for filing if it appears to contain on its face 456
signatures of more than three times the minimum number of 457
signatures. When a petition of a candidate has been accepted for 458
filing by a board of elections, the petition shall not be deemed 459
invalid if, upon verification of signatures contained in the 460
petition, the board of elections finds the number of signatures 461
accepted exceeds three times the minimum number of signatures 462
required. A board of elections may discontinue verifying 463
12
signatures on petitions when the number of verified signatures 464
equals the minimum required number of qualified signatures. 465
If the declaration of candidacy declares a candidacy for 467
party nomination or for election as a candidate of an 468
intermediate or minor party, the minimum number of signatures on 469
such petition is one-half the minimum number provided in this 470
section, except that, when the candidacy is one for election as a 471
member of the state central committee or the county central 472
committee of a political party, the minimum number shall be the 473
same for an intermediate or minor party as for a major party. 474
If a declaration of candidacy is one for election as a 476
member of the state central committee or the county central 477
committee of a political party, the petition shall be signed by 478
five qualified electors of the district, county, ward, township, 479
or precinct within which electors may vote for such candidate. 480
The electors signing such petition shall be members of the same 481
political party as the political party of which the candidate is 482
a member. 483
For purposes of signing or circulating a petition of 485
candidacy for party nomination or election, an elector is 486
considered to be a member of a political party if the elector 487
voted in that party's primary election within the preceding two 489
calendar years, or if the elector did not vote in any other 490
party's primary election within the preceding two calendar years. 491
If the declaration of candidacy is of one that is to be 493
submitted only to electors within a county, or within a district 494
or subdivision or part thereof smaller than a county, the 495
petition shall be filed with the board of elections of the 496
county. If the declaration of candidacy is of one that is to be 497
submitted only to electors of a district or subdivision or part 498
thereof that is situated in more than one county, the petition 499
shall be filed with the board of elections of the county within 500
which the major portion of the population thereof, as ascertained 501
by the next preceding federal census, is located. 502
13
A petition shall consist of separate petition papers, each 504
of which shall contain signatures of electors of only one county. 505
Petitions or separate petition papers containing signatures of 506
electors of more than one county shall not thereby be declared 507
invalid. In case petitions or separate petition papers 508
containing signatures of electors of more than one county are 509
filed, the board shall determine the county from which the 510
majority of signatures came, and only signatures from such county 511
shall be counted. Signatures from any other county shall be 512
invalid. 513
Each separate petition paper shall be circulated by one 515
person only, who shall be the candidate or a joint candidate or a 516
member of the same political party as the candidates, and each 517
separate petition paper shall be governed by the rules set forth 518
in section 3501.38 of the Revised Code. 519
The secretary of state shall promptly transmit to each 521
board such separate petition papers of each petition accompanying 522
a declaration of candidacy filed with him THE SECRETARY OF STATE 523
as purport to contain signatures of electors of the county of 525
such board. The board of the most populous county of a district 526
shall promptly transmit to each board within such district such 527
separate petition papers of each petition accompanying a 528
declaration of candidacy filed with it as purport to contain 529
signatures of electors of the county of each such board. The 530
board of a county within which the major portion of the 531
population of a subdivision, situated in more than one county, is 532
located, shall promptly transmit to the board of each other 533
county within which a portion of such subdivision is located such 534
separate petition papers of each petition accompanying a 535
declaration of candidacy filed with it as purport to contain 536
signatures of electors of the portion of such subdivision in the 537
county of each such board.
All petition papers so transmitted to a board and all 539
petitions accompanying declarations of candidacy filed with such 540
14
board shall, under proper regulations, be open to public 541
inspection until four p.m. of the seventieth day before the day 542
of the next primary election, or if that next primary election is 543
a presidential primary election, the fifty-fifth day before that 544
presidential primary election. Each board shall, not later than 545
the sixty-eighth day before the day of such primary election, or 546
if the primary election is a presidential primary election, not 547
later than the fifty-third day before such presidential primary 548
election, examine and determine the validity or invalidity of the 549
signatures on the petition papers so transmitted to or filed with 550
it and shall return to the secretary of state all petition papers 551
transmitted to it by the secretary of state, together with its 552
certification of its determination as to the validity or 553
invalidity of signatures thereon, and shall return to each other 554
board all petition papers transmitted to it by such board, 555
together with its certification of its determination as to the 556
validity or invalidity of the signatures thereon. All other 557
matters affecting the validity or invalidity of such petition 558
papers shall be determined by the secretary of state or the board 559
with whom such petition papers were filed. 560
Protests against the candidacy of any person filing a 562
declaration of candidacy for party nomination or for election to 563
an office or position, as provided in this section, may be filed 564
by any qualified elector who is a member of the same political 565
party as the candidate and who is eligible to vote at the primary 566
election for the candidate whose declaration of candidacy he THE 567
ELECTOR objects to, or by the controlling committee of such 569
party. Such protest must be in writing, and must be filed not 570
later than four p.m. of the sixty-fourth day before the day of 571
the primary election, or if the primary election is a 572
presidential primary election, not later than four p.m. of the 573
forty-ninth day before the day of the presidential primary 574
election. Such protest shall be filed with the election 575
officials with whom the declaration of candidacy and petition was 576
15
filed. Upon the filing of such protest, the election officials 577
with whom it is filed shall promptly fix the time for hearing it, 578
and shall forthwith mail notice of the filing of such protest and 579
the time fixed for hearing to the person whose candidacy is so 580
protested. They shall also forthwith mail notice of the time 581
fixed for such hearing to the person who filed the protest. At 582
the time fixed, such election officials shall hear the protest 583
and determine the validity or invalidity of the declaration of 584
candidacy and petition. If they find that such candidate is not 585
an elector of the state, district, county, or political 586
subdivision in which the candidate seeks a party nomination or 587
election to an office or position, or has not fully complied with 589
this chapter, the candidate's declaration of candidacy and 591
petition shall be determined to be invalid and shall be rejected, 592
otherwise it shall be determined to be valid. Such determination 593
shall be final.
A protest against the candidacy of any persons filing a 595
declaration of candidacy for joint party nomination to the 596
offices of governor and lieutenant governor shall be filed, 597
heard, and determined in the same manner as a protest against the 598
candidacy of any person filing a declaration of candidacy singly. 599
The secretary of state shall, on the sixtieth day before 601
the day of a primary election, or if the primary election is a 602
presidential primary election, on the forty-fifth day before the 603
day of the presidential primary election, certify to each board 604
in the state the forms of the official ballots to be used at such 605
primary election, together with the names of the candidates to be 606
printed thereon whose nomination or election is to be determined 607
by electors throughout the entire state and who filed valid 608
declarations of candidacy and petitions. 609
The board of the most populous county in a district 611
comprised of more than one county but less than all of the 612
counties of the state shall on the sixtieth day before the day of 613
a primary election, or if the primary election is a presidential 614
16
primary election, on the forty-fifth day before the day of a 615
presidential primary election, certify to the board of each 616
county in the district the names of the candidates to be printed 617
on the official ballots to be used at such primary election, 618
whose nomination or election is to be determined only by electors 619
within such district and who filed valid declarations of 620
candidacy and petitions. 621
The board of a county within which the major portion of the 623
population of a subdivision smaller than the county and situated 624
in more than one county is located shall, on the sixtieth day 625
before the day of a primary election, or if the primary election 626
is a presidential primary election, on the forty-fifth day before 627
the day of a presidential primary election, certify to the board 628
of each county in which a portion of such subdivision is located 629
the names of the candidates to be printed on the official ballots 630
to be used at such primary election, whose nomination or election 631
is to be determined only by electors within such subdivision and 632
who filed valid declarations of candidacy and petitions. 633
Sec. 3513.051. (A) THE COUNTY CENTRAL COMMITTEE OF A 642
POLITICAL PARTY IN A PARTICULAR COUNTY MAY DETERMINE, NOT LATER 644
THAN ONE HUNDRED TWENTY DAYS PRIOR TO THE NEXT PRIMARY ELECTION 646
AT WHICH CANDIDATES FOR MEMBER OF THE COUNTY CENTRAL COMMITTEE 647
ARE ELECTED, THAT EACH PERSON DESIRING TO BECOME A CANDIDATE FOR 649
ELECTION AS A MEMBER OF THE COUNTY CENTRAL COMMITTEE OF THAT
PARTY IN THAT COUNTY SHALL FILE A DECLARATION OF CANDIDACY AS 650
REQUIRED BY SECTION 3513.05 OF THE REVISED CODE BUT IS NOT 651
REQUIRED TO FILE A PETITION AS REQUIRED BY THAT SECTION. IF THE 652
COUNTY CENTRAL COMMITTEE OF A POLITICAL PARTY SO DETERMINES, EACH 653
PERSON DESIRING TO BECOME A CANDIDATE FOR ELECTION AS A MEMBER OF 654
THE COUNTY CENTRAL COMMITTEE OF THAT PARTY IN THAT COUNTY IS NOT 655
REQUIRED TO FILE A PETITION AS REQUIRED BY THAT SECTION BUT SHALL 656
COMPLY WITH ALL OTHER APPLICABLE REQUIREMENTS OF THAT SECTION. 657
(B) IF THE COUNTY CENTRAL COMMITTEE OF A POLITICAL PARTY 659
IN A PARTICULAR COUNTY HAS DETERMINED PURSUANT TO DIVISION (A) OF 661
17
THIS SECTION THAT EACH PERSON DESIRING TO BECOME A CANDIDATE FOR 662
ELECTION AS A MEMBER OF THE COUNTY CENTRAL COMMITTEE OF THAT 664
PARTY IN THAT COUNTY IS NOT REQUIRED TO FILE A PETITION AS 665
REQUIRED BY SECTION 3513.05 OF THE REVISED CODE, THE COUNTY 666
CENTRAL COMMITTEE OF THAT POLITICAL PARTY IN THAT COUNTY MAY 667
SUBSEQUENTLY DETERMINE THAT EACH PERSON DESIRING TO BECOME A 668
CANDIDATE FOR ELECTION AS A MEMBER OF THE COUNTY CENTRAL 669
COMMITTEE OF THAT PARTY IN THAT COUNTY SHALL FILE THAT PETITION. 670
THE COUNTY CENTRAL COMMITTEE SHALL MAKE THAT DETERMINATION NOT 671
LATER THAN ONE HUNDRED TWENTY DAYS PRIOR TO THE NEXT PRIMARY 672
ELECTION AT WHICH CANDIDATES FOR MEMBER OF THE COUNTY CENTRAL 673
COMMITTEE ARE ELECTED. AFTER THE COMMITTEE MAKES THAT 674
DETERMINATION, EACH PERSON DESIRING TO BECOME A CANDIDATE FOR 675
ELECTION AS A MEMBER OF THE COUNTY CENTRAL COMMITTEE OF THAT 676
PARTY IN THAT COUNTY SHALL FILE THE PETITION REQUIRED BY SECTION 677
3513.05 OF THE REVISED CODE AND SHALL MEET ALL OTHER APPLICABLE 678
REQUIREMENTS OF THAT SECTION. 679
Sec. 3513.12. At a presidential primary election, which 681
shall be held on the third FIRST Tuesday AFTER THE FIRST MONDAY 683
in March in the year 1996 2000, and similarly in every fourth 685
year thereafter, delegates and alternates to the national 686
conventions of the different major political parties shall be 687
chosen by direct vote of the electors as provided in this 688
chapter. Candidates for delegate and alternate shall be 689
qualified and the election shall be conducted in the manner 690
prescribed in this chapter for the nomination of candidates for 691
state and district offices, except as provided in section 692
3513.151 of the Revised Code and except that whenever any group 693
of candidates for delegate at large or alternate at large, or any 694
group of candidates for delegates or alternates from districts, 695
file with the secretary of state statements as provided by this 696
section, designating the same persons as their first and second 697
choices for president of the United States, such a group of 698
candidates may submit a group petition containing a declaration 699
18
of candidacy for each of such candidates. The group petition 700
need be signed only by the number of electors required for the 701
petition of a single candidate. No group petition shall be 702
submitted except by a group of candidates equal in number to the 703
whole number of delegates at large or alternates at large to be 704
elected or equal in number to the whole number of delegates or
alternates from a district to be elected. 705
Each person seeking to be elected as delegate or alternate 707
to the national convention of his THE PERSON'S political party 708
shall file with his THE PERSON'S declaration of candidacy and 710
certificate a statement in writing signed by him THE PERSON in 712
which he THE PERSON shall state his THE PERSON'S first and second 714
choices for nomination as the candidate of his THE PERSON'S party 715
for the presidency of the United States. The secretary of state 716
shall not permit any declaration of candidacy and certificate of 717
a candidate for election as such delegate or alternate to be 718
filed unless accompanied by such statement in writing. The name 719
of a candidate for the presidency shall not be so used without 720
his THE CANDIDATE'S written consent. 721
A person who is a first choice for president of candidates 723
seeking election as delegates and alternates shall file with the 724
secretary of state, prior to the day of the election, a list 725
indicating the order in which certificates of election are to be 726
issued to delegate or alternate candidates to whose candidacy he 727
THE PERSON has consented, if fewer than all of such candidates 729
are entitled under party rules to be certified as elected. Each 730
candidate for election as such delegate or alternate may also 731
file along with his THE CANDIDATE'S declaration of candidacy and 732
certificate a statement in writing signed by him THE CANDIDATE in 734
the following form:
"Statement of Candidate 737
For Election as ............ (Delegate) (Alternate) to the 739
............ (name of political party) National Convention 741
I hereby declare to the voters of my political party in the 743
19
State of Ohio that, if elected as ............ (delegate) 744
(alternate) to their national party convention, I shall, to the 745
best of my judgment and ability, support that candidate for 746
President of the United States who shall have been selected at 747
this primary by the voters of my party in the manner provided in 748
Chapter 3513. of the Ohio Revised Code, as their candidate for 749
such office. 750
.............................. 752
(name), Candidate for ........ 753
(Delegate) (Alternate)" 754
The procedures for the selection of candidates for delegate 757
and alternate to the national convention of a political party set 758
forth in this section and in section 3513.121 of the Revised Code 759
are alternative procedures, and if the procedures of this section 760
are followed, the procedures of section 3513.121 of the Revised 761
Code need not be followed. 762
Sec. 3517.03. The controlling committees of each major 771
political party or organization shall be a state central 772
committee consisting of two members, one a man and one a woman, 773
representing either each congressional district in the state or 774
each senatorial district in the state, as the outgoing committee 775
determines; a county central committee consisting of one member 776
from each election precinct in the county, or of one member from 777
each ward in each city and from each township in the county, as 778
the outgoing committee determines; and such district, city, 779
township, or other committees as the rules of the party provide. 780
All the members of such committees shall be members of the 782
party and shall be elected for terms of either two or four years, 783
as determined by party rules, by direct vote at the primary held 784
in an even-numbered year. Candidates for election as state 785
central committee members shall be elected at primaries in the 786
same manner as provided in sections 3513.01 to 3513.32 of the 787
Revised Code, for the nomination of candidates for office in a 788
county. Candidates for election as members of the county central 789
20
committee shall be elected at primaries in the same manner as 790
provided in such sections for the nomination of candidates for 791
county offices, EXCEPT AS OTHERWISE PROVIDED IN SECTION 3513.051 792
OF THE OF THE REVISED CODE. 793
Each major party controlling committee shall elect an 795
executive committee which shall have such powers as are granted 796
to it by the party controlling committee, and as are provided by 797
law. When a judicial, senatorial, or congressional district is 798
comprised of more than one county, the chairman CHAIRPERSON and 799
secretary of the county central committee from each county in 800
such district shall constitute the judicial, senatorial, or 801
congressional committee of such district. When a judicial, 802
senatorial, or congressional district is included within a 803
county, the county central committee shall constitute the 804
judicial, senatorial, or congressional committee of such 805
district.
The controlling committee of each intermediate political 807
party or organization shall be a state central committee 808
consisting of two members, one a man and one a woman, from each 809
congressional district in the state. All members of such 810
committee shall be members of the party and shall be elected by 811
direct vote at the primary held in the even-numbered years. 812
Candidates for election shall be elected at the primary in the 813
same manner as provided in sections 3513.01 to 3513.32 of the 814
Revised Code. An intermediate political party may have such 815
other party organization as its rules provide. Each intermediate 816
party shall file the names and addresses of its officers with the 817
secretary of state. 818
A minor political party may elect controlling committees at 820
a primary election in the even-numbered year by filing a plan for 821
party organization with the secretary of state on or before the 822
ninetieth day before the day of the primary election. Such plan 823
shall specify which offices are to be elected and provide the 824
procedure for qualification of candidates for such offices. 825
21
Candidates to be elected pursuant to such plan shall be required 826
to be designated and qualified on or before the ninetieth day 827
before the day of the election. Such parties may, in lieu of 828
electing a controlling committee or other officials, choose such 829
committee or other officials in accordance with party rules. 830
Each such party shall file the names and addresses of members of 831
its controlling committee and party officers with the secretary 832
of state. 833
Section 2. That existing sections 3501.01, 3513.01, 835
3513.05, 3513.12, and 3517.03 of the Revised Code are hereby 836
repealed.