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.