Section 1. That sections 107.08, 3501.01, 3501.38, 3501.39, | 60 |
3505.03, 3505.061, 3505.062, 3505.063, 3513.04, 3513.041, 3513.05, | 61 |
3513.23, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257, | 62 |
3513.259, 3513.261, 3513.30, 3513.31, 3517.02, 3517.03, 3517.10, | 63 |
3517.106, 3517.11, and
3519.03 be amended and sections 3513.052 | 64 |
and 3599.09 of the
Revised Code be enacted to read as follows: | 65 |
Sec. 107.08. The office of a judge is vacant at the | 66 |
expiration of the term of
the incumbent when no person has been | 67 |
elected as
histhe judge's
successor.
SuchThe vacancy
shall be | 68 |
filled by appointment by the governor. If the appointment is to a | 69 |
court of appeals, court of common pleas, or municipal court, the | 70 |
clerk of the
court shall give written notice to the board of | 71 |
elections responsible for
conducting elections for that court of | 72 |
the name of the appointee. A successor
shall be elected for the | 73 |
unexpired term at the first general election for the
office that | 74 |
occurs more than
thirtyforty days after
suchappointmentthe | 75 |
vacancy occurs. | 76 |
(D) "Special election" means any election other than those | 87 |
elections defined in other divisions of this section. A special | 88 |
election may be held only on the first Tuesday after the first | 89 |
Monday in February, May, August, or November, or on the day | 90 |
authorized by a particular municipal or county charter for the | 91 |
holding of a primary election, except that in any year in which a | 92 |
presidential primary election is held, no special election shall | 93 |
be held in February or May, except as authorized by a municipal
or | 94 |
county charter, but may be held on the first Tuesday
after the | 95 |
first Monday in
March. | 96 |
(2) "Presidential primary election" means a primary
election | 105 |
as defined by division (E)(1) of this
section at which an election | 106 |
is held for the purpose of choosing
delegates and alternates to | 107 |
the national conventions of the major
political parties pursuant | 108 |
to section 3513.12 of the Revised
Code. Unless otherwise | 109 |
specified, presidential primary elections
are included in | 110 |
references to primary elections. In years in
which a presidential | 111 |
primary election is held, all primary
elections shall be held on | 112 |
the first Tuesday after the
first Monday in March
except as | 113 |
otherwise authorized by a municipal or county charter. | 114 |
(3) "Minor political party" means any political party | 128 |
organized under the laws of this state whose candidate for | 129 |
governor or nominees for presidential electors received less than | 130 |
ten per cent but not less than five per cent of the total vote | 131 |
cast for such office at the most recent regular
state election
or | 132 |
which has filed with the secretary of state, subsequent to any | 133 |
election in which it received less than five per cent of such | 134 |
vote, a petition signed by qualified electors equal in number to | 135 |
at least one per cent of the total vote cast for such office in | 136 |
the last preceding regular state election, except that a newly | 137 |
formed political party shall be known as a minor political party | 138 |
until the time of the first election for governor or president | 139 |
which occurs not less than twelve months subsequent to the | 140 |
formation of such party, after which election the status of such | 141 |
party shall be determined by the vote for the office of governor | 142 |
or president. | 143 |
(J) "Nonpartisan candidate" means any candidate whose name | 163 |
is required, pursuant to section 3505.04 of the Revised Code, to | 164 |
be listed on the nonpartisan ballot, including all candidates for | 165 |
judicial office, for member of any board of education, for | 166 |
municipal or township offices in which primary elections are not | 167 |
held for nominating candidates by political parties, and for | 168 |
offices of municipal corporations having charters that provide
for | 169 |
separate ballots for elections for these offices. | 170 |
(L) "Officer of a political party" includes, but is not | 178 |
limited to, any member, elected or appointed, of a controlling | 179 |
committee, whether representing the territory of the state, a | 180 |
district therein, a county, township, a city, a ward, a precinct, | 181 |
or other territory, of a major, intermediate, or minor political | 182 |
party. | 183 |
(X) "Designated agency" means an office or agency in the | 231 |
state that provides
public assistance or that provides | 232 |
state-funded programs primarily engaged in
providing services to | 233 |
persons with disabilities and that is required by the
National | 234 |
Voter Registration Act of 1993 to implement a program designed and | 235 |
administered by the secretary of state for registering voters, or | 236 |
any other
public or government office or agency that implements a | 237 |
program designed and
administered by the secretary of state for | 238 |
registering voters, including the
department of job and family | 239 |
services, the program
administered under section 3701.132
of the | 240 |
Revised Code by the department of health, the department of mental | 241 |
health, the department of mental retardation and developmental | 242 |
disabilities,
the rehabilitation services commission, and any | 243 |
other
agency the secretary of state designates. "Designated | 244 |
agency" does
not include public high schools and vocational | 245 |
schools, public libraries, or
the office of a county treasurer. | 246 |
Sec. 3505.03. On the office type ballot shall be printed
the | 335 |
names of all candidates for election to offices, except
judicial | 336 |
offices, who were nominated at the most recent
primary
election as | 337 |
candidates of a political party or who were
nominated
in | 338 |
accordance with section 3513.02 of the Revised Code,
and the
names | 339 |
of all candidates for election to offices who were
nominated
by | 340 |
nominating petitions, except candidates for judicial
offices,
for | 341 |
member of the state board of education, for member
of a board
of | 342 |
education, for municipal offices, and for township
offices. | 343 |
The order in which the offices shall be listed on the
ballot | 353 |
shall be prescribed by, and certified to each board of
elections | 354 |
by, the secretary of state; provided that for state,
district, and | 355 |
county offices the order from top to bottom shall
be as follows: | 356 |
governor and lieutenant governor, attorney
general, auditor of | 357 |
state, secretary of state, treasurer of
state, United States | 358 |
senator, representative to congress, state
senator, state | 359 |
representative, county commissioner, county
auditor, prosecuting | 360 |
attorney, clerk of the court of common
pleas, sheriff, county | 361 |
recorder, county treasurer, county
engineer, and coroner. The | 362 |
offices of governor and lieutenant
governor shall be printed on | 363 |
the ballot in a manner that requires
a voter to cast one vote | 364 |
jointly for the candidates who have been
nominated by the same | 365 |
political party or petition. | 366 |
The names of all candidates for an office shall be arranged | 367 |
in a group under the title of that office, and, except for | 368 |
absentee ballots or when the number of candidates for a
particular | 369 |
office is the same as the number of candidates to be
elected for | 370 |
that office, shall be rotated from one precinct to
another. On | 371 |
absentee ballots, the names of all candidates for an
office shall | 372 |
be arranged in a group under the title of that
office and shall be | 373 |
so alternated that each name shall appear,
insofar as may be | 374 |
reasonably possible, substantially an equal
number of times at the | 375 |
beginning, at the end, and in each
intermediate place, if any, of | 376 |
the group in which such name
belongs, unless the number of | 377 |
candidates for a particular office
is the same as the number of | 378 |
candidates to be elected for that
office. | 379 |
The method of printing the ballots to meet the rotation | 380 |
requirement of this section shall be as follows:
Thethe least | 381 |
common multiple of the number of names in each of the several | 382 |
groups of candidates shall be used, and the number of changes made | 383 |
in the printer's forms in printing
suchthe ballots shall | 384 |
correspond
with
suchthat multiple. The board of elections shall | 385 |
number all
precincts in regular serial sequence. In the first | 386 |
precinct, the
names of the candidates in each group shall be | 387 |
listed in
alphabetical order. In each succeeding precinct, the | 388 |
name in
each group
whichthat is listed first in the preceding | 389 |
precinct shall
be listed last, and the name of each candidate | 390 |
shall be moved up
one place. In each precinct using paper | 391 |
ballots, the printed
ballots shall then be assembled in tablets. | 392 |
Under the name of each candidate nominated at a primary | 393 |
election and each candidate certified by a party committee to
fill | 394 |
a vacancy under section 3513.31 of the Revised Code shall be | 395 |
printed, in less prominent type face than that in which the | 396 |
candidate's name is printed, the name of the political party by | 397 |
which the candidate was nominated or certified.
Under the name of | 398 |
each candidate appearing on the ballot who filed a
nominating | 399 |
petition and requested a ballot designation as a nonparty | 400 |
candidate under
section 3513.257
of the Revised Code shall be | 401 |
printed, in less
prominent type face
than that
in which the | 402 |
candidate's name is
printed, the
designation of
"nonparty | 403 |
candidate." Under the name of each candidate appearing on the | 404 |
ballot who filed a nominating petition and requested a ballot | 405 |
designation as an other-party candidate under section 3513.257 of | 406 |
the Revised Code shall be printed, in less prominent type face | 407 |
than that in which the candidate's name is printed, the | 408 |
designation of "other-party candidate." No designation shall | 409 |
appear under the name of a candidate appearing on the ballot who | 410 |
filed a nominating petition and requested that no ballot | 411 |
designation appear under the candidate's name under section | 412 |
3513.257 of the Revised Code, or who filed a nominating petition | 413 |
and failed to request a ballot designation either as a nonparty | 414 |
candidate or as an other-party candidate under that section. | 415 |
Sec. 3505.061. (A) The Ohio ballot board, as authorized
by | 421 |
Section 1 of Article XVI, Ohio Constitution, shall consist of
the | 422 |
secretary of state and four appointed members. No more than
two | 423 |
of the appointed members shall be of the same political
party.
One | 424 |
of the members shall be appointed by the president of
the
senate, | 425 |
one shall be appointed by the
minortyminority leader
of
the | 426 |
senate, one shall be appointed by the speaker of the house
of | 427 |
representatives, and one shall be appointed by the minority
leader | 428 |
of the house of representatives. The appointments shall
be made | 429 |
no later than the last Monday in January in the year in
which the | 430 |
appointments are to be made. If any appointment is not
so made, | 431 |
the secretary of state, acting in place of the person
otherwise | 432 |
required to make the appointment, shall appoint as many
qualified | 433 |
members affiliated with the appropriate political party
as are | 434 |
necessary. | 435 |
(B) The initial appointees to the board shall serve until | 436 |
the first Monday in February, 1977. Thereafter, terms of office | 437 |
shall be for four years, each term ending on the first Monday in | 438 |
February. The term of the secretary of state on the board shall | 439 |
coincide with
histhe secretary of state's term of office
as | 440 |
secretary of state.
EachExcept as otherwise provided in division | 441 |
(B)(2) of section 3505.063 and division (B)(2) of section 3519.03 | 442 |
of the Revised Code, each appointed member
of the board shall hold | 443 |
office from the date of
his appointment until the end of the term | 444 |
for which
hethe member was
appointed.
AnyExcept as otherwise | 445 |
provided in
those divisions, any member appointed to fill a | 446 |
vacancy occurring
prior to the expiration of the term for which | 447 |
histhe member's
predecessor was
appointed shall hold office for | 448 |
the remainder of
suchthat term.
AnyExcept as otherwise provided | 449 |
in those
divisions, any member shall continue in office subsequent | 450 |
to the
expiration date
of
histhe member's term until
histhe | 451 |
member's
successor takes office, or
until a period
of sixty days | 452 |
has
elapsed, whichever occurs first. Any vacancy
occurring on the | 453 |
board shall be filled in the manner provided for
original | 454 |
appointments. A member appointed to fill a vacancy
shall be of | 455 |
the same political party as that required of the
member whom
he | 456 |
the member replaces. | 457 |
(D) The secretary of state shall be the
chairmanchairperson | 461 |
of
the board, and
hethe secretary of state or
histhe
secretary | 462 |
of state's representative shall have a vote equal to
that of any | 463 |
other member. The
vice-chairmanvice-chairperson
shall act as | 464 |
chairmanchairperson in the absence or disability of the
chairman | 465 |
chairperson, or during
a vacancy in that office. The board shall | 466 |
meet after notice of
at least seven days at a time and place | 467 |
determined by the
chairmanchairperson. At its first meeting, the | 468 |
board shall
elect a
vice-chairmanvice-chairperson from among its | 469 |
members for a term
of two years, and
it shall adopt rules for its | 470 |
procedures. After the first
meeting, the board shall meet at the | 471 |
call of the
chairmanchairperson or upon
the written request of | 472 |
three other members. Three members
constitute a quorum. No | 473 |
action shall be taken without the
concurrence of three members. | 474 |
Sec. 3505.063. (A) When the general assembly adopts a | 506 |
resolution proposing a constitutional amendment, it
may, by | 507 |
resolution, designate a group of members who voted in support of | 508 |
the resolution to prepare arguments for the proposed amendment, | 509 |
and a group of members who voted in opposition to the resolution | 510 |
to prepare arguments against the proposed amendment. If no | 511 |
members voted in opposition to the resolution,
or if the general | 512 |
assembly chooses not to designate a group of members to prepare | 513 |
arguments for the proposed amendment or chooses not to designate a | 514 |
group of members to prepare arguments against the proposed | 515 |
amendment, the Ohio ballot
board
mayshall prepare
the relevant | 516 |
arguments
or
designate a group of
persons to prepare
the | 517 |
relevant arguments. All
arguments
prepared under this division | 518 |
shall be filed with the
secretary of state no later
than | 519 |
seventy-five days before the date
of the election. No
argument | 520 |
shall exceed three hundred words. | 521 |
(B)(1) If the group of members of the general assembly or | 522 |
other group of persons designated under division (A) of this | 523 |
section fail to prepare and file their arguments in support of or | 524 |
in opposition to the proposed amendment by the seventy-fifth day | 525 |
before the date of the election, the secretary of state shall | 526 |
notify the Ohio ballot board that those arguments have not been so | 527 |
prepared and filed. The board then shall prepare the missing | 528 |
arguments or designate a group of persons to prepare those | 529 |
arguments. All arguments prepared under this division shall be | 530 |
filed with the secretary of state no later than seventy days | 531 |
before the date of the election. No argument shall exceed three | 532 |
hundred words. | 533 |
Sec. 3513.04. Candidates for party nominations to state, | 548 |
district, county, and municipal offices or positions, for which | 549 |
party nominations are provided by law, and for election as
members | 550 |
of party controlling committees shall have their names
printed on | 551 |
the official primary ballot by filing a declaration of
candidacy | 552 |
and paying the fees specified for the
office under divisions (A) | 553 |
and (B) of section 3513.10
of the Revised Code, except that the | 554 |
joint candidates for party nomination to the offices of governor | 555 |
and lieutenant governor shall, for the two of them, file one | 556 |
declaration of candidacy. The joint
candidates also shall pay the | 557 |
fees specified for the joint candidates under
divisions (A) and | 558 |
(B) of section 3513.10 of the Revised Code. | 559 |
The secretary of state shall not accept for filing the | 560 |
declaration of candidacy of a candidate for party nomination to | 561 |
the office of governor unless the declaration of candidacy also | 562 |
shows a joint candidate for the same party's nomination to the | 563 |
office of lieutenant governor, shall not accept for filing the | 564 |
declaration of candidacy of a candidate for party nomination to | 565 |
the office of lieutenant governor unless the declaration of | 566 |
candidacy also shows a joint candidate for the same party's | 567 |
nomination to the office of governor, and shall not accept for | 568 |
filing a declaration of candidacy that shows a candidate for
party | 569 |
nomination to the office of governor or lieutenant governor
who, | 570 |
for the same election,
has already
been shown as a candidate for | 571 |
party nomination to
the
office of governor
or lieutenant governor | 572 |
onfiled a
declaration of
candidacy
previously filed
and accepted | 573 |
for the same
primary
electionor a
declaration of intent to be a | 574 |
write-in candidate, or has become a candidate by the filling of a | 575 |
vacancy under section
3513.30 of the Revised Code for any other | 576 |
state office or any county office. | 577 |
No person who seeks party nomination for an office or | 578 |
position at a primary election by declaration of candidacy or by | 579 |
declaration of intent to be a write-in candidate
and no person who | 580 |
is a first choice for president of candidates seeking
election as | 581 |
delegates and alternates to the national conventions of the | 582 |
different major political parties who are chosen by direct vote of | 583 |
the
electors as provided in this chapter shall be permitted to | 584 |
become a candidate
by nominating petition or by declaration of | 585 |
intent to be a write-in
candidate at the following general | 586 |
election for any office
other than the office of member of
the | 587 |
state board of education, office of member of a city, local, or | 588 |
exempted
village board of education, office of member of a | 589 |
governing board of an
educational service center, or office of | 590 |
township trustee. | 591 |
Sec. 3513.041. A write-in space shall be provided on the | 592 |
ballot for every office, except in an
election for which the board | 593 |
of elections has received no valid
declarations of intent to be a | 594 |
write-in candidate under this
section. Write-in votes shall not | 595 |
be counted
for any candidate who has not filed a declaration of | 596 |
intent to be
a write-in candidate pursuant to this section. A | 597 |
qualified
person who has filed a declaration of intent may receive | 598 |
write-in
votes at either a primary or general election. Any | 599 |
candidate,
except one whose candidacy is to be submitted to | 600 |
electors
throughout the entire state, shall file a declaration of | 601 |
intent
to be a write-in candidate before four p.m. of the
fiftieth | 602 |
day
preceding the election at which such candidacy is to be | 603 |
considered. If the election is to be determined by electors of a | 604 |
county or a district or subdivision within the county, such | 605 |
declaration shall be filed with the board of elections of that | 606 |
county. If the election is to be determined by electors of a | 607 |
subdivision located in more than one county, such declaration | 608 |
shall be filed with the board of elections of the county in which | 609 |
the major portion of the population of such subdivision is | 610 |
located. If the election is to be determined by electors of a | 611 |
district comprised of more than one county but less than all of | 612 |
the counties of the state, such declaration shall be filed with | 613 |
the board of elections of the most populous county in such | 614 |
district. Any candidate for an office to be voted upon by | 615 |
electors throughout the entire state shall file a declaration of | 616 |
intent to be a write-in candidate with the secretary of state | 617 |
before four p.m. of the fiftieth day preceding
the election at | 618 |
which such candidacy is to be considered. In addition,
candidates | 619 |
for president and vice-president of the United States
shall also | 620 |
file with the secretary of state by said
fiftieth day
a slate of | 621 |
presidential electors sufficient in number to satisfy
the | 622 |
requirements of the United States constitution. | 623 |
A board of elections shall not accept for filing the | 624 |
declaration of intent to be a write-in candidate of a person | 625 |
seeking to become a candidate if
that
person, for the same | 626 |
election, has already filed a declaration of
candidacy,
a | 627 |
declaration of intent to be a write-in candidate,
or a
nominating | 628 |
petition, or has become a candidate through party nomination at a | 629 |
primary election or
by
the filling of a vacancy under section | 630 |
3513.30 or 3513.31 of
the
Revised Code, for any state or county | 631 |
office, if the declaration of intent to be a write-in candidate is | 632 |
for a state or county office, or for any municipal or township | 633 |
office, for member of a city, local, or exempted village board
of | 634 |
education, or for member of a governing board of an educational | 635 |
service center, if the declaration of intent to be a write-in | 636 |
candidate is for a municipal or township office, or for member of | 637 |
a
city, local, or exempted village board of education, or for | 638 |
member of a
governing board of an educational service center. | 639 |
No person shall file a declaration of intent to be a
write-in | 640 |
candidate for the office of governor unless the
declaration also | 641 |
shows the intent of another person to be a
write-in candidate for | 642 |
the office of lieutenant governor. No
person shall file a | 643 |
declaration of intent to be a write-in
candidate for the office of | 644 |
lieutenant governor unless the
declaration also shows the intent | 645 |
of another person to be a
write-in candidate for the office of | 646 |
governor. No person shall
file a declaration of intent to be a | 647 |
write-in candidate for the
office of governor or lieutenant | 648 |
governor if the person has
previously
filed a declaration of | 649 |
intent to be a write-in candidate to the
office of governor or | 650 |
lieutenant governor at the same primary or
general election. A | 651 |
write-in vote for the two candidates who
file such a declaration | 652 |
shall be counted as a vote for them as
joint candidates for the | 653 |
offices of governor and lieutenant
governor. | 654 |
The secretary of state shall not accept for filing the | 655 |
declaration of intent to be a write-in candidate of a person for | 656 |
the office of governor unless the declaration also shows the | 657 |
intent of another person to be a write-in candidate for the
office | 658 |
of lieutenant governor, shall not accept for filing the | 659 |
declaration of intent to be a write-in candidate of a person for | 660 |
the office of lieutenant governor unless the declaration also | 661 |
shows the intent of another person to be a write-in candidate for | 662 |
the office of governor, and shall not accept for filing the | 663 |
declaration of intent to be a write-in candidate of a person to | 664 |
the office of governor or lieutenant governor if that person, for | 665 |
the same election, has
already
been shown, onfiled a declaration | 666 |
of candidacy, a
declaration of intent
previously filed
and | 667 |
accepted for the same
primary or general electionto be a write-in | 668 |
candidate, or a nominating petition,
to be a
write-in candidate
to | 669 |
the
office of
governor
or lieutenant
governoror has become a | 670 |
candidate through
party nomination at a primary election or by the | 671 |
filling of a
vacancy under section 3513.30 or 3513.31 of the | 672 |
Revised Code, for
any other state office or any county office. | 673 |
Protests against the candidacy of any person filing a | 674 |
declaration of intent to be a write-in candidate may be filed by | 675 |
any qualified elector who is eligible to vote in the election at | 676 |
which the candidacy is to be considered. The protest shall be
in | 677 |
writing and shall be filed not later than four
p.m. of the | 678 |
forty-fifth day before the day
of the election. The protest shall | 679 |
be filed with the
board of elections with which the declaration of | 680 |
intent to be a write-in
candidate was
filed. Upon the filing of | 681 |
the protest, the board
with which it is filed shall promptly fix | 682 |
the time for hearing it
and shall proceed in regard to the hearing | 683 |
in the same manner as
for hearings set for protests filed under | 684 |
section 3513.05 of the
Revised Code. At the time fixed, the
board | 685 |
shall hear the protest and determine the validity or
invalidity of | 686 |
the declaration of intent to be a write-in
candidate. If the | 687 |
board finds that the candidate is not an elector of
the state, | 688 |
district, county, or political subdivision in which the candidate | 689 |
seeks election to office or has not fully complied with the | 690 |
requirements of Title XXXV of the Revised
Code in regard to the | 691 |
candidate's candidacy, the candidate's
declaration of
intent to be | 692 |
a write-in candidate shall be determined to be
invalid and shall | 693 |
be rejected; otherwise, it shall be determined
to be valid. The | 694 |
determination of the board is
final. | 695 |
Sec. 3513.05. Each person desiring to become a candidate
for | 698 |
a party nomination or for election to an office or position
to be | 699 |
voted for at a primary election, except persons desiring to
become | 700 |
joint candidates for the offices of governor and
lieutenant | 701 |
governor and except as otherwise provided in section 3513.051
of | 702 |
the Revised Code, shall, not later than four
p.m. of the | 703 |
seventy-fifth day before the day of the primary election, or if | 704 |
the primary election is a presidential primary election, not
later | 705 |
than four p.m. of the sixtieth day before the day of the | 706 |
presidential primary election, file a declaration of candidacy
and | 707 |
petition and pay the fees required under divisions
(A) and (B) of | 708 |
section 3513.10 of the
Revised Code. The declaration of candidacy | 709 |
and all separate
petition papers shall be filed at the same time | 710 |
as one
instrument. When the offices are to be voted for at a | 711 |
primary
election, persons desiring to become joint candidates for | 712 |
the
offices of governor and lieutenant governor shall, not later | 713 |
than
four p.m. of the seventy-fifth day before the day of the | 714 |
primary
election, comply with section 3513.04 of the Revised Code. | 715 |
The
prospective joint candidates' declaration of candidacy and all | 716 |
separate petition papers of candidacies shall be filed at the
same | 717 |
time as one instrument.
The secretary of state or a board of | 718 |
elections shall not accept for filing a declaration of candidacy | 719 |
and petition of a person seeking to become a candidate if that | 720 |
person, for the same election, has already filed a declaration of | 721 |
candidacy or a declaration of intent to be a write-in candidate, | 722 |
or has become a candidate by the filling of a vacancy under | 723 |
section 3513.30 of the Revised Code for any state or county | 724 |
office, if the declaration of candidacy is for a state or county | 725 |
office, or for any municipal or township office, if the | 726 |
declaration of candidacy is for a municipal or township office. | 727 |
If the declaration of candidacy declares a candidacy which
is | 728 |
to be submitted to electors throughout the entire state, the | 729 |
petition, including a petition for joint candidates for the | 730 |
offices of governor and lieutenant governor, shall be signed by
at | 731 |
least one thousand qualified electors who are members of the
same | 732 |
political party as the candidate or joint candidates, and the | 733 |
declaration of candidacy and petition shall be filed with the | 734 |
secretary of state; provided that the secretary of state shall
not | 735 |
accept or file any such petition appearing on its face to
contain | 736 |
signatures of more than three thousand electors. | 737 |
Except as otherwise provided in this paragraph, if the | 738 |
declaration of candidacy is of one that is to be submitted only
to | 739 |
electors within a district, political subdivision, or portion | 740 |
thereof, the petition shall be signed by not less than fifty | 741 |
qualified electors who are members of the same political party as | 742 |
the political party of which the candidate is a member. If the | 743 |
declaration of candidacy is for party nomination as a candidate | 744 |
for member of the legislative authority of a municipal
corporation | 745 |
elected by ward, the petition shall be signed by not
less than | 746 |
twenty-five qualified electors who are members of the
political | 747 |
party of which the candidate is a member. | 748 |
No such petition, except the petition for a candidacy that
is | 749 |
to be submitted to electors throughout the entire state, shall
be | 750 |
accepted for filing if it appears to contain on its face | 751 |
signatures of more than three times the minimum number of | 752 |
signatures. When a petition of a candidate has been accepted for | 753 |
filing by a board of elections, the petition shall not be deemed | 754 |
invalid if, upon verification of signatures contained in the | 755 |
petition, the board of elections finds the number of signatures | 756 |
accepted exceeds three times the minimum number of signatures | 757 |
required. A board of elections may discontinue verifying | 758 |
signatures on petitions when the number of verified signatures | 759 |
equals the minimum required number of qualified signatures. | 760 |
If the declaration of candidacy is of one that is to be | 782 |
submitted only to electors within a county, or within a district | 783 |
or subdivision or part thereof smaller than a county, the
petition | 784 |
shall be filed with the board of elections of the
county. If the | 785 |
declaration of candidacy is of one that is to be
submitted only to | 786 |
electors of a district or subdivision or part
thereof that is | 787 |
situated in more than one county, the petition
shall be filed with | 788 |
the board of elections of the county within
which the major | 789 |
portion of the population thereof, as ascertained
by the next | 790 |
preceding federal census, is located. | 791 |
A petition shall consist of separate petition papers, each
of | 792 |
which shall contain signatures of electors of only one county.
| 793 |
Petitions or separate petition papers containing signatures of | 794 |
electors of more than one county shall not thereby be declared | 795 |
invalid. In case petitions or separate petition papers
containing | 796 |
signatures of electors of more than one county are
filed, the | 797 |
board shall determine the county from which the
majority of | 798 |
signatures came, and only signatures from such county
shall be | 799 |
counted. Signatures from any other county shall be
invalid. | 800 |
The secretary of state shall promptly transmit to each
board | 806 |
such separate petition papers of each petition accompanying
a | 807 |
declaration of candidacy filed with the secretary of state
as | 808 |
purport to contain
signatures of electors of the county of such | 809 |
board. The board of
the most populous county of a district shall | 810 |
promptly transmit to
each board within such district such separate | 811 |
petition papers of
each petition accompanying a declaration of | 812 |
candidacy filed with
it as purport to contain signatures of | 813 |
electors of the county of
each such board. The board of a county | 814 |
within which the major
portion of the population of a subdivision, | 815 |
situated in more than
one county, is located, shall promptly | 816 |
transmit to the board of
each other county within which a portion | 817 |
of such subdivision is
located such separate petition papers of | 818 |
each petition
accompanying a declaration of candidacy filed with | 819 |
it as purport
to contain signatures of electors of the portion of | 820 |
such
subdivision in the county of each such board. | 821 |
All petition papers so transmitted to a board and all | 822 |
petitions accompanying declarations of candidacy filed with such | 823 |
board shall, under proper regulations, be open to public | 824 |
inspection until four p.m. of the seventieth day before the day
of | 825 |
the next primary election, or if that next primary election is
a | 826 |
presidential primary election, the fifty-fifth day before that | 827 |
presidential primary election. Each board shall, not later than | 828 |
the sixty-eighth day before the day of such primary election, or | 829 |
if the primary election is a presidential primary election, not | 830 |
later than the fifty-third day before such presidential primary | 831 |
election, examine and determine the validity or invalidity of the | 832 |
signatures on the petition papers so transmitted to or filed with | 833 |
it and shall return to the secretary of state all petition papers | 834 |
transmitted to it by the secretary of state, together with its | 835 |
certification of its determination as to the validity or | 836 |
invalidity of signatures thereon, and shall return to each other | 837 |
board all petition papers transmitted to it by such board, | 838 |
together with its certification of its determination as to the | 839 |
validity or invalidity of the signatures thereon. All other | 840 |
matters affecting the validity or invalidity of such petition | 841 |
papers shall be determined by the secretary of state or the board | 842 |
with whom such petition papers were filed. | 843 |
Protests against the candidacy of any person filing a | 844 |
declaration of candidacy for party nomination or for election to | 845 |
an office or position, as provided in this section, may be filed | 846 |
by any qualified elector who is a member of the same political | 847 |
party as the candidate and who is eligible to vote at the primary | 848 |
election for the candidate whose declaration of candidacy the | 849 |
elector
objects to, or by the controlling committee of such party. | 850 |
Such
protest must be in writing, and must be filed not later than | 851 |
four
p.m. of the sixty-fourth day before the day of the primary | 852 |
election, or if the primary election is a presidential primary | 853 |
election, not later than four p.m. of the forty-ninth day before | 854 |
the day of the presidential primary election. Such protest shall | 855 |
be filed with the election officials with whom the declaration of | 856 |
candidacy and petition was filed. Upon the filing of such | 857 |
protest, the election officials with whom it is filed shall | 858 |
promptly fix the time for hearing it, and shall forthwith mail | 859 |
notice of the filing of such protest and the time fixed for | 860 |
hearing to the person whose candidacy is so protested. They
shall | 861 |
also forthwith mail notice of the time fixed for such
hearing to | 862 |
the person who filed the protest. At the time fixed,
such | 863 |
election officials shall hear the protest and determine the | 864 |
validity or invalidity of the declaration of candidacy and | 865 |
petition. If they find that such candidate is not an elector of | 866 |
the state, district, county, or political subdivision in which
the | 867 |
candidate seeks a party nomination or election to an office or | 868 |
position,
or
has not fully complied with this chapter, the | 869 |
candidate's
declaration of
candidacy and petition shall be | 870 |
determined to be invalid and
shall be rejected, otherwise it shall | 871 |
be determined to be valid.
Such determination shall be final. | 872 |
The secretary of state shall, on the sixtieth day before
the | 878 |
day of a primary election, or if the primary election is a | 879 |
presidential primary election, on the forty-fifth day before the | 880 |
day of the presidential primary election, certify to each board
in | 881 |
the state the forms of the official ballots to be used at such | 882 |
primary election, together with the names of the candidates to be | 883 |
printed thereon whose nomination or election is to be determined | 884 |
by electors throughout the entire state and who filed valid | 885 |
declarations of candidacy and petitions. | 886 |
The board of the most populous county in a district
comprised | 887 |
of more than one county but less than all of the
counties of the | 888 |
state shall on the sixtieth day before the day of
a primary | 889 |
election, or if the primary election is a presidential
primary | 890 |
election, on the forty-fifth day before the day of a
presidential | 891 |
primary election, certify to the board of each
county in the | 892 |
district the names of the candidates to be printed
on the official | 893 |
ballots to be used at such primary election,
whose nomination or | 894 |
election is to be determined only by electors
within such district | 895 |
and who filed valid declarations of
candidacy and petitions. | 896 |
The board of a county within which the major portion of the | 897 |
population of a subdivision smaller than the county and situated | 898 |
in more than one county is located shall, on the sixtieth day | 899 |
before the day of a primary election, or if the primary election | 900 |
is a presidential primary election, on the forty-fifth day before | 901 |
the day of a presidential primary election, certify to the board | 902 |
of each county in which a portion of such subdivision is located | 903 |
the names of the candidates to be printed on the official ballots | 904 |
to be used at such primary election, whose nomination or election | 905 |
is to be determined only by electors within such subdivision and | 906 |
who filed valid declarations of candidacy and petitions. | 907 |
(B) The secretary of state or a board of elections shall
not | 922 |
accept for filing a declaration of candidacy and petition, a | 923 |
declaration of intent to be a write-in candidate, or a nominating | 924 |
petition of a person seeking to become a candidate if that person, | 925 |
for the same election,
has already filed a
declaration of | 926 |
candidacy, a declaration of intent to be a
write-in candidate, or | 927 |
a nominating petition, or has become a candidate through party | 928 |
nomination at a
primary election or by the filling of a vacancy | 929 |
under section
3513.30 or 3513.31 of the Revised Code for: | 930 |
(2) Any municipal or township office, or for member of a | 934 |
city,
local, or exempted village board of education, or for member | 935 |
of a
governing board of an educational service center, if the | 936 |
declaration of candidacy, declaration of intent to be a write-in | 937 |
candidate, or nominating petition is for a municipal or township | 938 |
office, or for member of a city, local, or exempted village board | 939 |
of education, or for member of a governing board of an | 940 |
educational
service center. | 941 |
(a) If each office or the district for each office for which | 947 |
the person is seeking nomination is wholly within a single
county, | 948 |
the secretary of state shall notify the board of elections
of that | 949 |
county. The board then shall determine the
date on which the | 950 |
person first sought to become a candidate for
each of those | 951 |
offices by filing a declaration of candidacy or a
declaration of | 952 |
intent to be a write-in candidate or by the filling
of a vacancy | 953 |
under section 3513.30 of the Revised Code. The board
shall vote | 954 |
promptly to disqualify that person as a candidate for each office | 955 |
for
which the person sought to become a candidate after the date | 956 |
on
which the person first sought to become a candidate for any of | 957 |
those offices. If the board determines that the person sought to | 958 |
become a candidate for more than one of those offices on the same | 959 |
date, the board shall vote promptly to disqualify that person as a | 960 |
candidate for
each office that would be listed on the ballot below | 961 |
the highest office for which that person seeks nomination, | 962 |
according to the ballot order prescribed under section 3505.03 of | 963 |
the Revised Code. | 964 |
(b) If one or more of the offices for which the person is | 965 |
seeking nomination is a state office or an office with a district | 966 |
larger than a single county, the secretary of state shall | 967 |
determine the date on which the person first sought to become a | 968 |
candidate for each of those offices by filing a declaration of | 969 |
candidacy or a declaration of intent to be a write-in candidate or | 970 |
by the filling of a vacancy under section 3513.30 of the Revised | 971 |
Code. The secretary of state shall order the board of elections | 972 |
of each county in which the person is seeking to appear on
the | 973 |
ballot to disqualify that person as a candidate for each
office | 974 |
for which the person sought to become a candidate after the
date | 975 |
on which the person first sought to become a candidate for
any of | 976 |
those offices. If the secretary of state determines that
the | 977 |
person sought to become a candidate for more than one of those | 978 |
offices on the same date, the secretary of state shall order the | 979 |
board of elections of each county in which the person is seeking | 980 |
to appear on the ballot to disqualify that person as a
candidate | 981 |
for each office that would be listed on the ballot below the | 982 |
highest office for which that person seeks nomination, according | 983 |
to the ballot order prescribed under section 3505.03 of the | 984 |
Revised Code. Each
board of elections so notified shall vote | 985 |
promptly to disqualify
the person as a candidate in accordance | 986 |
with the order of the
secretary of state. | 987 |
(a) If each office or the district for each office for which | 992 |
the person is seeking nomination is wholly within that
county, | 993 |
the board shall determine the date on which
the person first | 994 |
sought to become a candidate for each of those
offices by filing a | 995 |
declaration of candidacy or a declaration of
intent to be a | 996 |
write-in candidate or by the filling of a vacancy
under section | 997 |
3513.30 of the Revised Code. The board shall
vote promptly to | 998 |
disqualify that person as a candidate for each office for which | 999 |
the person sought to become a candidate after the date on which | 1000 |
the person first sought to become a candidate for any of those | 1001 |
offices. If the board determines that the person sought to become | 1002 |
a candidate for more than one of those offices on the same date, | 1003 |
the board shall vote promptly to disqualify that person as a | 1004 |
candidate for each office that would be listed on the ballot below | 1005 |
the highest office for which that person seeks nomination, | 1006 |
according to the ballot order prescribed under section 3505.03 of | 1007 |
the Revised Code. | 1008 |
(b) If one or more of the offices for which the person is | 1009 |
seeking nomination is a state office or an office with a district | 1010 |
larger than a single county, the board shall notify
the secretary | 1011 |
of state. The secretary of state then shall
determine the date on | 1012 |
which the person first sought to become a
candidate for each of | 1013 |
those offices by filing a declaration of
candidacy or a | 1014 |
declaration of intent to be a write-in candidate or
by the filling | 1015 |
of a vacancy under section 3513.30 of the Revised
Code. The | 1016 |
secretary of state shall order the board of elections
of each | 1017 |
county in which the person is seeking to appear on
the ballot to | 1018 |
disqualify that person as a candidate for each
office for which | 1019 |
the person sought to become a candidate after the
date on which | 1020 |
the person first sought to become a candidate for
any of those | 1021 |
offices. If the secretary of state determines that
the person | 1022 |
sought to become a candidate for more than one of those
offices on | 1023 |
the same date, the secretary of state shall order the
board of | 1024 |
elections of each county in which the person is seeking to appear | 1025 |
on the ballot to disqualify that person as a
candidate for each | 1026 |
office that would be listed on the ballot below the highest office | 1027 |
for which that person seeks nomination, according to the ballot | 1028 |
order prescribed under section 3505.03 of the Revised Code. Each | 1029 |
board of elections so notified shall vote promptly to disqualify | 1030 |
the person as a candidate in accordance with the order of the | 1031 |
secretary of state. | 1032 |
(a) If each office or the district for each office for which | 1038 |
the person is seeking election is wholly within a single
county, | 1039 |
the secretary of state shall notify the board of elections
of that | 1040 |
county. The board then shall determine the
offices for which the | 1041 |
person seeks to appear as a candidate on the ballot.
The
board | 1042 |
shall vote promptly to disqualify that person as a candidate for | 1043 |
each
office
that would be listed on the ballot below the highest | 1044 |
office
for
which that person seeks election, according to the | 1045 |
ballot
order
prescribed under section 3505.03 of the Revised Code. | 1046 |
If the person sought nomination at a primary election and has not | 1047 |
yet been issued a certificate of nomination, the board shall not | 1048 |
issue that certificate for that person for any office that would | 1049 |
be listed on the ballot below the highest office for which that | 1050 |
person seeks election, according to the ballot order prescribed | 1051 |
under section 3505.03 of the Revised Code. | 1052 |
(b) If one or more of the offices for which the person is | 1053 |
seeking election is a state office or an office with a district | 1054 |
larger than a single county, the secretary of state shall promptly | 1055 |
investigate and determine the offices for which the person seeks | 1056 |
to appear as a candidate on the ballot. The secretary of state | 1057 |
shall order
the board of elections of each county in which the | 1058 |
person is seeking to appear on the ballot to disqualify that | 1059 |
person as a
candidate for each office that would be listed on the | 1060 |
ballot below
the highest office for which that person seeks | 1061 |
election, according
to the ballot order prescribed under section | 1062 |
3505.03 of the
Revised Code. Each board of elections so notified | 1063 |
shall vote
promptly to disqualify the person as a candidate in | 1064 |
accordance
with the order of the secretary of state. If the person | 1065 |
sought nomination at a primary election and has not yet been | 1066 |
issued a certificate of nomination, the board shall not issue that | 1067 |
certificate for that person for any office that would be listed on | 1068 |
the ballot below the highest office for which that person seeks | 1069 |
election, according to the ballot order prescribed under section | 1070 |
3505.03 of the Revised Code. | 1071 |
(a) If each office or the district for each office for which | 1077 |
the person is seeking election is wholly within that
county, the | 1078 |
board shall determine the offices for
which the person seeks to | 1079 |
appear as a candidate on the ballot. The board
shall vote | 1080 |
promptly to disqualify that person as a candidate for each office | 1081 |
that
would be listed on the ballot below the highest office for | 1082 |
which
that person seeks election, according to the ballot order | 1083 |
prescribed under section 3505.03 of the Revised Code. If the | 1084 |
person sought nomination at a primary election and has not yet | 1085 |
been issued a certificate of nomination, the board shall not issue | 1086 |
that certificate for that person for any office that would be | 1087 |
listed on the ballot below the highest office for which that | 1088 |
person seeks election, according to the ballot order prescribed | 1089 |
under section 3505.03 of the Revised Code. | 1090 |
(b) If one or more of the offices for which the person is | 1091 |
seeking election is a state office or an office with a district | 1092 |
larger than a single county, the board shall notify
the secretary | 1093 |
of state. The secretary of state promptly shall
investigate and | 1094 |
determine the offices for which the person seeks to appear as a | 1095 |
candidate on the ballot. The secretary of state shall order
the | 1096 |
board of elections of each county in which the person is seeking | 1097 |
to appear on the ballot to disqualify that person as a
candidate | 1098 |
for each office that would be listed on the ballot below
the | 1099 |
highest office for which that person seeks election,
according to | 1100 |
the ballot order prescribed under section 3505.03 of
the Revised | 1101 |
Code. Each board of elections so notified shall vote
promptly to | 1102 |
disqualify the person as a candidate in accordance
with the order | 1103 |
of the secretary of state. If the person sought nomination at a | 1104 |
primary election and has not yet been issued a certificate of | 1105 |
nomination, the board shall not issue that certificate for that | 1106 |
person for any office that would be listed on the ballot below the | 1107 |
highest office for which that person seeks election, according to | 1108 |
the ballot order prescribed under section 3505.03 of the Revised | 1109 |
Code. | 1110 |
(E) When a person is disqualified as a candidate under | 1111 |
division (C) or (D) of this section, that person's name shall not | 1112 |
appear on the ballots for any office for which that person has | 1113 |
been disqualified as a candidate. If the ballots have already | 1114 |
been prepared, the board of elections shall
remove the name of the | 1115 |
disqualified candidate from the ballots to
the extent practicable | 1116 |
in the time remaining before the election
and according to the | 1117 |
directions of the secretary of state. If the
name is not removed | 1118 |
from the ballots before the day of the
election, the votes for the | 1119 |
disqualified candidate are void and
shall not be counted. | 1120 |
(H) Nothing in this section or section 3513.04, 3513.041, | 1131 |
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257, | 1132 |
3513.259, or 3513.261 of the Revised Code prohibits, and the | 1133 |
secretary of state or a board of
elections shall not disqualify, a | 1134 |
person from being a candidate
for an office, if that person timely | 1135 |
withdraws as a candidate
for any offices specified in division (A) | 1136 |
of this section for which that person
first sought to become a | 1137 |
candidate by filing a declaration of candidacy and petition, a | 1138 |
declaration of intent to be a write-in candidate, or a nominating | 1139 |
petition, by party nomination in a primary election, or by the | 1140 |
filling of a vacancy under section 3513.30 or 3513.31 of the | 1141 |
Revised Code. | 1142 |
Sec. 3513.23. (A) If an elector voting at a primary
election | 1160 |
writes in a blank space provided
thereforfor that
purpose on the | 1161 |
ballot of one
political party under the title of an
office for | 1162 |
which a
nomination is to be made the name of a person
other than | 1163 |
the
persons whose names are printed on the ballot as
candidates | 1164 |
for
suchthe nomination, and if
suchthat elector
records the vote | 1165 |
in the
manner provided on the ballot next to
the
name written, | 1166 |
suchthat ballot
shall be counted as a vote for the
nomination of | 1167 |
the person whose
name is
so written
thereon if that
person has | 1168 |
filed a declaration
of intent to be a write-in
candidate under | 1169 |
section 3513.041
of the Revised Code, but in. | 1170 |
(B) In no event shall a person, whose
name is written on a | 1171 |
primary election ballot, be nominated as a
candidate for election | 1172 |
to an office if the name of no person
living on the day of
such | 1173 |
that primary election is printed on
suchthe
ballot as a candidate | 1174 |
for
suchthat nomination, unless the total
number of votes cast | 1175 |
for the person whose name is written on the
ballot is not less | 1176 |
than that number of petition signatures that
would have been | 1177 |
required for the printing of the person's name on
the primary | 1178 |
ballot pursuant to section 3513.05 of the Revised
Code. | 1179 |
Sec. 3513.251. Nominations of candidates for election as | 1180 |
officers of a municipal corporation having a population of less | 1181 |
than two thousand as ascertained by the next preceding federal | 1182 |
census shall be made only by nominating petition and their | 1183 |
election shall occur only in nonpartisan elections, unless a | 1184 |
majority of the electors of such municipal corporation have | 1185 |
petitioned for a primary election. Nominations of candidates for | 1186 |
election as officers of a municipal corporation having a | 1187 |
population of two thousand or more shall be made either by
primary | 1188 |
election in conjunction with a partisan general election
or by | 1189 |
nominating petition in conjunction with a nonpartisan
general | 1190 |
election, as determined under section 3513.01 of the
Revised Code. | 1191 |
The nominating petitions of nonpartisan candidates for | 1192 |
election as officers of a municipal corporation having a | 1193 |
population of less than two thousand, as ascertained by the most | 1194 |
recent
federal census, shall be signed by not less
than
ten | 1195 |
qualified electors of the municipal
corporation. Any
nominating | 1196 |
petition filed under this section shall be filed with
the board of | 1197 |
elections not later than four p.m. of the
seventy-fifth day before | 1198 |
the day of the general election,
provided that no such nominating | 1199 |
petition shall be accepted for
filing if it appears to contain | 1200 |
signatures aggregating in number
more than three times the minimum | 1201 |
number of signatures required
by this section.
A board of | 1202 |
elections shall not accept for filing a nominating petition of a | 1203 |
person if that person, for the same election, has already filed a | 1204 |
declaration of candidacy, a declaration of intent to be a write-in | 1205 |
candidate, or a nominating petition, or has become a candidate | 1206 |
through party nomination at a primary election or by the filling | 1207 |
of a vacancy under section 3513.30 or 3513.31 of the Revised Code | 1208 |
for any other municipal office, or for a township office, for | 1209 |
member of a city, local, or exempted village board of education, | 1210 |
or for
member of a governing board of an educational service | 1211 |
center.
When
a
petition of a
candidate has been
accepted for | 1212 |
filing by a
board
of
elections,
the petition shall
not be deemed | 1213 |
invalid if,
upon
verification of
signatures
contained in the | 1214 |
petition, the
board of
elections finds
the
number
of signatures | 1215 |
accepted exceeds
three
times the minimum
number of
signatures | 1216 |
required. A board of
elections may
discontinue
verifying | 1217 |
signatures when the number of
verified
signatures on a
petition | 1218 |
equals the minimum required
number of
qualified
signatures. | 1219 |
Nomination of nonpartisan candidates for election as
officers | 1220 |
of a municipal corporation having a population of two
thousand or | 1221 |
more, as ascertained by the next preceding federal
census, shall | 1222 |
be made only by nominating petition. Nominating
petitions of | 1223 |
nonpartisan candidates for election as officers of a
municipal | 1224 |
corporation having a population of two thousand or more
but less | 1225 |
than five thousand, as ascertained by the next preceding
federal | 1226 |
census, shall be signed by not less than fifty qualified
electors | 1227 |
of the municipal corporation or ward thereof in the case
of the | 1228 |
nominating petition of a candidate for election as
councilman from | 1229 |
such ward. Nominating petitions of nonpartisan
candidates for | 1230 |
election as officers of a municipal corporation
having a | 1231 |
population of five thousand or more, as ascertained by
the next | 1232 |
preceding federal census, shall be signed by not less
than fifty | 1233 |
qualified electors of the municipal corporation
or ward thereof in | 1234 |
the case of the nominating petition of a
candidate for election as | 1235 |
councilmancouncilperson from such
ward. | 1236 |
Sec. 3513.253. Nominations of candidates for election as | 1237 |
officers of a township shall be made only by nominating
petitions, | 1238 |
unless a majority of the electors of such township
have petitioned | 1239 |
for a primary election. The nominating petitions
of nonpartisan | 1240 |
candidates for township trustee and township clerk
shall be signed | 1241 |
by not less than twenty-five qualified electors
of the township. | 1242 |
Such petition shall be filed with the board of
elections not later | 1243 |
than four p.m. of the seventy-fifth day
before the day of the | 1244 |
general election, provided that no such
nominating petition shall | 1245 |
be accepted for filing if it appears to
contain signatures | 1246 |
aggregating in number more than three times
the minimum number of | 1247 |
signatures required by this section.
A board of elections shall | 1248 |
not accept for filing a nominating petition of a person if that | 1249 |
person, for the same election, has already filed a declaration of | 1250 |
candidacy, a declaration of intent to be a write-in candidate, or | 1251 |
a nominating petition, or has become a candidate through party | 1252 |
nomination at a primary election or by the filling of a vacancy | 1253 |
under section 3513.30 or 3513.31 of the Revised Code for any other | 1254 |
township office, or for a municipal office, for member of a
city, | 1255 |
local, or exempted village board of education, or for member of a | 1256 |
governing board of an educational service center. When
a
petition | 1257 |
of a candidate has been
accepted for filing by a board
of | 1258 |
elections, the petition shall
not be deemed invalid if, upon | 1259 |
verification of signatures
contained in the petition, the board
of | 1260 |
elections finds the number
of signatures accepted exceeds
three | 1261 |
times the minimum number of
signatures required. A board
of | 1262 |
elections may discontinue
verifying signatures when the number
of | 1263 |
verified signatures on a
petition equals the minimum required | 1264 |
number of qualified
signatures. | 1265 |
Sec. 3513.254. The name of each candidate for member of a | 1266 |
city, local, or exempted village board of education or for member | 1267 |
of a governing board of an
educational service center described in | 1268 |
section 3311.051 of
the Revised Code shall appear on the | 1269 |
nonpartisan ballot.
Nominating petitions of candidates for member | 1270 |
of a board of
education of a local or exempted village school | 1271 |
district or for
member of a governing board of an
educational | 1272 |
service center described in section
3311.051 of the Revised Code | 1273 |
shall be signed by twenty-five
qualified electors of the school | 1274 |
district or educational service center
service area. Nominating | 1275 |
petitions
for candidates for member of a board of education of a | 1276 |
city
school district having a population of less than twenty | 1277 |
thousand,
as ascertained by the next preceding federal census, | 1278 |
shall be
signed by twenty-five qualified electors of the school | 1279 |
district.
Nominating petitions for candidates for member of a | 1280 |
board of
education of a city school district having a population | 1281 |
of twenty
thousand or more but less than fifty thousand, as | 1282 |
ascertained by
the next preceding federal census, shall be signed | 1283 |
by
seventy-five qualified electors of the school district. | 1284 |
Nominating petitions for candidates for member of a board of | 1285 |
education of a city school district having a population of fifty | 1286 |
thousand or more but less than one hundred thousand, as | 1287 |
ascertained by the next preceding federal census, shall be signed | 1288 |
by one hundred fifty qualified electors of the school district. | 1289 |
Nominating petitions for candidates for member of a board of | 1290 |
education of a city school district having a population of one | 1291 |
hundred thousand or more, as ascertained by the next preceding | 1292 |
federal census, shall be signed by three hundred qualified | 1293 |
electors of the school district.
Nominating | 1294 |
Nominating petitions shall be
filed with the board of | 1295 |
elections not later than four p.m. of the
seventy-fifth day before | 1296 |
the day of the general election,
provided
that no such petition | 1297 |
shall be accepted for filing if it
appears
to contain signatures | 1298 |
aggregating in number more than
three times
the minimum number of | 1299 |
signatures required by this
section.
A board
of elections shall | 1300 |
not accept for filing a nominating petition of
a person if that | 1301 |
person, for the same election, has already filed a declaration of | 1302 |
candidacy, a declaration of intent to be a write-in candidate, or | 1303 |
a nominating petition, or has become a candidate through party | 1304 |
nomination at a primary election or by the filling of a vacancy | 1305 |
under section 3513.30 or 3513.31 of the Revised Code for any other | 1306 |
position as a member of a city, local, or exempted village board | 1307 |
of education or position as a member of a governing board of an | 1308 |
educational service center, or for a municipal or township office. | 1309 |
When
a
petition of a
candidate has been
accepted for
filing by a | 1310 |
board
of
elections,
the petition shall
not be deemed
invalid if, | 1311 |
upon
verification of
signatures
contained in the
petition, the | 1312 |
board of
elections finds
the number
of signatures
accepted exceeds | 1313 |
three
times the minimum
number of
signatures
required. A board of | 1314 |
elections may
discontinue
verifying
petitions when the number of | 1315 |
verified
signatures equals
the
minimum required number of | 1316 |
qualified
signatures. | 1317 |
Each nominating petition shall be filed with the board of | 1334 |
elections of the
county in which the central administrative | 1335 |
offices of the
educational service center governing board are | 1336 |
located not later than four p.m. of the seventy-fifth day before | 1337 |
the day of
the general election, provided that no such petition | 1338 |
shall be accepted for
filing if it appears to contain signatures | 1339 |
aggregating in number more than
three times the minimum number of | 1340 |
signatures required by this section.
A board of elections shall | 1341 |
not accept for filing a nominating petition of a person if that | 1342 |
person, for the same election, has already filed a declaration of | 1343 |
candidacy, a declaration of intent to be a write-in candidate, or | 1344 |
a nominating petition, or has become a candidate through party | 1345 |
nomination at a primary election or by the filling of a vacancy | 1346 |
under section 3513.30 or 3513.31 of the Revised Code for any other | 1347 |
position as a member of a governing board of an educational | 1348 |
service center or position as a member of a city, local, or | 1349 |
exempted village board of education, or for a municipal or | 1350 |
township office. When
a
petition of a candidate has been
accepted | 1351 |
for filing by a board
of
elections,
the petition shall
not be | 1352 |
deemed invalid if, upon
verification of signatures
contained in | 1353 |
the petition, the board of
elections finds the number
of | 1354 |
signatures accepted exceeds three
times the minimum signatures | 1355 |
required. A
board of elections may
discontinue verifying | 1356 |
petitions when the number of
verified
signatures equals the | 1357 |
minimum required number of qualified
signatures. | 1358 |
Sec. 3513.257. Each person desiring to become an
independent | 1359 |
candidate for an office for which candidates may be
nominated at a | 1360 |
primary election, except persons desiring to
become independent | 1361 |
joint candidates for the offices of governor
and lieutenant | 1362 |
governor and for the offices of president and
vice-president of | 1363 |
the United States, shall file no later than
four p.m. of the day | 1364 |
before the day of the primary election
immediately preceding the | 1365 |
general election at which such
candidacy is to be voted for by the | 1366 |
voters, a statement of
candidacy and nominating petition as | 1367 |
provided in section 3513.261
of the Revised Code. Persons | 1368 |
desiring to become independent
joint candidates for the offices of | 1369 |
governor and lieutenant
governor shall file, not later than four | 1370 |
p.m. of the day before
the day of the primary election, one | 1371 |
statement of candidacy and
one nominating petition for the two of | 1372 |
them. Persons desiring to
become independent joint candidates for | 1373 |
the offices of president
and vice-president of the United States | 1374 |
shall file, not later
than four p.m. of the seventy-fifth day | 1375 |
before the day of the
general election at which the president and | 1376 |
vice-president are to
be elected, one statement of candidacy and | 1377 |
one nominating
petition for the two of them. The prospective | 1378 |
independent joint
candidates' statement of candidacy shall be | 1379 |
filed with the
nominating petition as one instrument. | 1380 |
(B) If the candidacy is to be voted on by electors in any | 1395 |
district, political subdivision, or part thereof in which less | 1396 |
than five thousand electors voted for the office of governor at | 1397 |
the most recent election for that office,
the nominating
petition | 1398 |
shall contain signatures of not less than twenty-five
qualified | 1399 |
electors of the district, political subdivision, or
part thereof, | 1400 |
or a number of qualified signatures equal to at
least five per | 1401 |
cent of that vote, if this number is less than
twenty-five. | 1402 |
All nominating petitions of candidates for offices to be | 1409 |
voted on by electors throughout the entire state shall be filed
in | 1410 |
the office of the secretary of state. No nominating petition
for | 1411 |
the offices of president and vice-president of the United
States | 1412 |
shall be accepted for filing unless there is submitted to
the | 1413 |
secretary of state, at the time of filing the petition, a
slate of | 1414 |
presidential electors sufficient in number to satisfy
the | 1415 |
requirement of the United States Constitution. The secretary
of | 1416 |
state shall not accept for filing the statement of candidacy
of a | 1417 |
person who desires to be an independent candidate for the
office | 1418 |
of governor unless it also shows the joint candidacy of a
person | 1419 |
who desires to be an independent candidate for the office
of | 1420 |
lieutenant governor, shall not accept for filing the statement
of | 1421 |
candidacy of a person who desires to be an independent
candidate | 1422 |
for the office of lieutenant governor unless it also
shows the | 1423 |
joint candidacy of a person who desires to be an
independent | 1424 |
candidate for the office of governor, and shall not
accept for | 1425 |
filing the statement of candidacy of a person who
desires to be an | 1426 |
independent candidate to the office of governor
or lieutenant | 1427 |
governor who, for the same election, has already
been shown as
an | 1428 |
independent candidate
for governor
or lieutenant governor
onfiled | 1429 |
a
declaration of candidacy, a declaration of intent
to be a | 1430 |
write-in candidate, or a
statement of candidacy
previously
filed | 1431 |
and accepted during the
filing period preceding
the same
primary | 1432 |
election, or has become a candidate by the filling of a vacancy | 1433 |
under
section
3513.30 of the Revised Code for any other state | 1434 |
office or any county office. | 1435 |
No petition other than the petition of a candidate whose | 1447 |
candidacy is to be considered by electors throughout the entire | 1448 |
state shall be accepted for filing if it appears on its face to | 1449 |
contain more than three times the minimum required number of | 1450 |
signatures.
A board of elections shall not accept for filing a | 1451 |
nominating petition of a person seeking to become a candidate if | 1452 |
that person, for the same election, has already filed a | 1453 |
declaration of candidacy, a declaration of intent to be a write-in | 1454 |
candidate, or a nominating petition, or has become a candidate by | 1455 |
the filling of a vacancy under section 3513.30 of the Revised Code | 1456 |
for any state or county office, if the nominating petition is for | 1457 |
a state or county office, or for any municipal or township office, | 1458 |
for member of a city, local, or exempted village board of | 1459 |
education, or for member of a governing board of an educational | 1460 |
service
center, if the nominating petition is for a municipal or | 1461 |
township
office, or for member of a city, local, or exempted | 1462 |
village
board
of education, or for member of a governing board of | 1463 |
an
educational
service center. When a
petition of a candidate has | 1464 |
been
accepted
for
filing by a board of
elections, the petition | 1465 |
shall
not be
deemed
invalid if, upon
verification of signatures | 1466 |
contained in
the
petition, the board of
elections finds the number | 1467 |
of
signatures
accepted exceeds three
times the minimum number of | 1468 |
signatures
required. A board of
elections may discontinue | 1469 |
verifying
signatures when the number of
verified signatures on a | 1470 |
petition
equals the minimum required
number of qualified | 1471 |
signatures. | 1472 |
The purpose of establishing a filing deadline for
independent | 1481 |
candidates prior to the primary election immediately
preceding the | 1482 |
general election at which the candidacy is to be
voted on by the | 1483 |
voters is to recognize that the state has a
substantial and | 1484 |
compelling interest in protecting its electoral
process by | 1485 |
encouraging political stability, ensuring that the
winner of the | 1486 |
election will represent a majority of the
community, providing the | 1487 |
electorate with an understandable
ballot, and enhancing voter | 1488 |
education, thus fostering informed
and educated expressions of the | 1489 |
popular will in a general
election. The filing deadline for | 1490 |
independent candidates
required in this section prevents | 1491 |
splintered parties and
unrestrained factionalism, avoids political | 1492 |
fragmentation, and
maintains the integrity of the ballot. The | 1493 |
deadline, one day
prior to the primary election, is the least | 1494 |
drastic or
restrictive means of protecting these state interests. | 1495 |
The
general assembly finds that the filing deadline for | 1496 |
independent
candidates in primary elections required in this | 1497 |
section is
reasonably related to the state's purpose of ensuring | 1498 |
fair and
honest elections while leaving unimpaired the political, | 1499 |
voting,
and associational rights secured by the first and | 1500 |
fourteenth
amendments to the United States
Constitution. | 1501 |
No such nominating petition shall be accepted for filing if | 1507 |
it appears on its face to contain signatures aggregating in
number | 1508 |
more than three times the minimum number of signatures
required by | 1509 |
this section.
A board of elections shall not accept for filing a | 1510 |
nominating petition of a person if that person, for the same | 1511 |
election, has already filed a declaration of candidacy, a | 1512 |
declaration of intent to be a write-in candidate, or a nominating | 1513 |
petition, or has become a candidate through party nomination at a | 1514 |
primary election or by the filling of a vacancy under section | 1515 |
3513.30 or 3513.31 of the Revised Code, to be a candidate for any | 1516 |
other state office or any county office. When a
petition of a | 1517 |
candidate has
been
accepted for filing by a board of
elections, | 1518 |
the petition
shall
not be deemed invalid if, upon
verification of | 1519 |
signatures
contained in the petition, the board of
elections finds | 1520 |
the
number
of signatures accepted exceeds three
times the minimum | 1521 |
number of
signatures required. A board of
elections may | 1522 |
discontinue
verifying signatures when the number of
verified | 1523 |
signatures equals
the minimum required number of
signatures.
Such | 1524 |
petition shall be
filed with the board of
elections of the
most | 1525 |
populous county in
such district not later
than four p.m. of
the | 1526 |
seventy-fifth day
before the day of the
general election at
which | 1527 |
state board of
education members are
elected. | 1528 |
Sec. 3513.261. A nominating petition may consist of one or | 1537 |
more separate petition papers, each of which shall be | 1538 |
substantially in the form prescribed in this section. If the | 1539 |
petition consists of more than one separate petition paper, the | 1540 |
statement of candidacy of the candidate or joint candidates named | 1541 |
need be signed by the candidate or joint candidates on only one
of | 1542 |
such separate petition papers, but the statement of candidacy
so | 1543 |
signed shall be copied on each other separate petition paper | 1544 |
before the signatures of electors are placed
on it. Each | 1545 |
nominating petition containing signatures of electors of more
than | 1546 |
one county shall consist of separate petition papers each of
which | 1547 |
shall contain signatures of electors of only one county;
provided | 1548 |
that petitions containing signatures of electors of more
than one | 1549 |
county shall not thereby be declared invalid. In case
petitions | 1550 |
containing signatures of electors of more than one
county are | 1551 |
filed, the board of elections shall determine the
county from | 1552 |
which the majority of the signatures came, and only
signatures | 1553 |
from this county shall be counted. Signatures from
any other | 1554 |
county shall be invalid. | 1555 |
At the time of filing a nominating petition, the candidate | 1558 |
designated in the nominating petition, and joint
candidates for | 1559 |
governor and
lieutenant governor, shall pay to the election | 1560 |
officials with
whom it is filed the fees specified for the office | 1561 |
under
divisions (A) and (B) of section
3513.10 of the Revised | 1562 |
Code. The fees shall be disposed of by
those election officials | 1563 |
in the manner that
is provided in
section 3513.10 of the Revised | 1564 |
Code for the disposition of other
fees, and in no case shall a fee | 1565 |
required under that section be
returned to a
candidate. | 1566 |
I, ................................... (Name of candidate), | 1582 |
the undersigned, hereby declare under penalty of election | 1583 |
falsification that my voting residence is in ................ | 1584 |
.......... Precinct of the ......................... (Township)
or | 1585 |
(Ward and City, or Village) in the county of ...............
Ohio; | 1586 |
that my post-office address is ............................ | 1587 |
(Street and Number, if any, or Rural Route and Number) of the | 1588 |
............................... (City, Village, or post office)
of | 1589 |
...................., Ohio; and that I am a qualified elector in | 1590 |
the precinct in which my voting residence is located. I hereby | 1591 |
declare that I desire to be a candidate for election to the
office | 1592 |
of .............. in the ........................ (State, | 1593 |
District, County, City, Village, Township, or School District)
for | 1594 |
the ...................................... (Full term or
unexpired | 1595 |
term ending ................) at the General Election
to be held | 1596 |
on the ........... day of ..............., .... | 1597 |
We, the undersigned, qualified electors of the state of
Ohio, | 1613 |
whose voting residence is in the County, City, Village,
Ward, | 1614 |
Township or Precinct set opposite our names,
hereby nominate | 1615 |
.................... as a candidate for
election to the office of | 1616 |
........................... in the
............................ | 1617 |
(State, District, County, City,
Village, Township, or School | 1618 |
District) for the .................
(Full term or unexpired term | 1619 |
ending ...................) to be
voted for at the general | 1620 |
election next hereafter to be held,
and certify that this person | 1621 |
is, in our opinion, well qualified to
perform the duties of the | 1622 |
office or position to which the person
desires
to be elected. | 1623 |
..........................., declares under penalty of election | 1637 |
falsification that such person is a qualified elector
of the state | 1638 |
of
Ohio and resides at the address appearing below such
person's | 1639 |
signature
hereto; that such person is the circulator of the | 1640 |
foregoing petition paper
containing ................ signatures; | 1641 |
that such
person witnessed the
affixing of every signature; that | 1642 |
all signers were to the best
of such person's knowledge and belief | 1643 |
qualified to
sign; and that every
signature is to the best of such | 1644 |
person's knowledge
and belief the
signature of the person whose | 1645 |
signature it purports to be. | 1646 |
The secretary of state or a board of elections shall not | 1678 |
accept for filing a nominating petition of a person seeking to | 1679 |
become a candidate if that person, for the same election, has | 1680 |
already filed a declaration of candidacy, a declaration of intent | 1681 |
to be a write-in candidate, or a nominating petition, or has | 1682 |
become a candidate through party nomination at a primary election | 1683 |
or by the filling of a vacancy under section 3513.30 or 3513.31 of | 1684 |
the Revised Code for any state or county office, if the nominating | 1685 |
petition is for a state or county office, or for any municipal or | 1686 |
township office, for member of a city, local, or exempted
village | 1687 |
board of education, or for member of a governing board of an | 1688 |
educational service center, if the nominating petition is for a | 1689 |
municipal or township office, or for member of a city, local, or | 1690 |
exempted village board of education, or for member of a governing | 1691 |
board
of an educational service center. | 1692 |
(2) A vacancy may be filled under division
(A)(1)(a) and a | 1710 |
selection may be made under division
(A)(1)(b) of this section
by | 1711 |
the appropriate committee of the political party in the same | 1712 |
manner as provided in divisions
(A)
throughto (E) of section | 1713 |
3513.31
of the Revised Code for the filling of similar vacancies | 1714 |
created
by withdrawals
or disqualifications under section 3513.052 | 1715 |
of the
Revised Code after the primary election, except that
the | 1716 |
certification required under that
section may not be filed with | 1717 |
the secretary of state, or with a board of the most populous | 1718 |
county of a district, or with the board of a county in which the | 1719 |
major portion of the population of a subdivision is located,
later | 1720 |
than four p.m. of the tenth day before the day of such
primary | 1721 |
election, or with any other board later than four p.m.
of the | 1722 |
fifth day before the day of such primary election. | 1723 |
(C) A person who is the first choice for president of
the | 1741 |
United States by a candidate for delegate or alternate to a | 1742 |
national convention of a political party may withdraw consent
for | 1743 |
the selection of the person as such first choice
no later than | 1744 |
four p.m. of
the thirtieth day before the day of the
presidential | 1745 |
primary election. Withdrawal
of consent shall be for the entire | 1746 |
slate of
candidates for delegates and alternates who named such | 1747 |
person as
their presidential first choice and shall constitute | 1748 |
withdrawal
from the primary election by such delegates and | 1749 |
alternates. The
withdrawal shall be made in writing and delivered | 1750 |
to the
secretary of state. The boards of elections shall remove | 1751 |
both
the name of the withdrawn first choice and the names of such | 1752 |
withdrawn candidates from the ballots to the extent practicable
in | 1753 |
the time remaining before the election and according to the | 1754 |
directions of the secretary of state. If such names are not | 1755 |
removed from all ballots before the day of the election, the
votes | 1756 |
for the withdrawn first choice or candidates are void and
shall | 1757 |
not be counted. | 1758 |
(D) Any person nominated in a primary election or by | 1759 |
nominating
petition as a candidate for election at the next | 1760 |
general election
may withdraw as such candidate at any time prior | 1761 |
to the
general election.
Such
withdrawal may be effected by the | 1762 |
filing of a written statement
by such candidate announcing the | 1763 |
candidate's withdrawal and
requesting that the candidate's name | 1764 |
not be printed on the
ballots. If such candidate's
declaration of | 1765 |
candidacy or nominating petition was filed with
the secretary of | 1766 |
state, the candidate's statement of
withdrawal shall be
addressed | 1767 |
to and filed with the secretary of state. If such
candidate's | 1768 |
declaration of candidacy or nominating petition was
filed with a | 1769 |
board of elections, the candidate's statement
of withdrawal
shall | 1770 |
be addressed to, and filed with such board. | 1771 |
Sec. 3513.31. (A) If a person nominated in a primary | 1779 |
election
as a candidate for election at the next general election, | 1780 |
whose
candidacy is to be submitted to the electors of the entire | 1781 |
state,
withdraws as that candidate
or is disqualified as that | 1782 |
candidate under section 3513.052 of the Revised Code, the vacancy | 1783 |
in the party nomination
so created may be filled by the state | 1784 |
central committee of the
major political party that made the | 1785 |
nomination at the primary
election, if the committee's chairperson | 1786 |
and secretary certify
the name of the person selected to fill the | 1787 |
vacancy by the time
specified in this division, at a meeting | 1788 |
called for that purpose. The meeting
shall be called by the | 1789 |
chairperson of that committee, who shall give each
member of the | 1790 |
committee at least two days' notice of the
time, place, and | 1791 |
purpose of the meeting. If a majority of the
members of the | 1792 |
committee are present at the meeting,
a majority of those present | 1793 |
may select a person to fill the vacancy. The
chairperson and | 1794 |
secretary of the meeting shall certify in writing
and under oath | 1795 |
to the secretary of state, not later than the
seventy-sixth day | 1796 |
before the day of the general election,
the name of the person | 1797 |
selected to fill the vacancy.
The certification must be | 1798 |
accompanied by the written acceptance of
the nomination by the | 1799 |
person whose name is certified. A
vacancy that may be filled by | 1800 |
an intermediate or minor political party
shall be filled in | 1801 |
accordance with the party's rules by
authorized officials of the | 1802 |
party. Certification must be
made as in the manner provided for a | 1803 |
major political party. | 1804 |
(B) If a person nominated in a primary election as a party | 1805 |
candidate for election at the next general election, whose | 1806 |
candidacy is to be submitted to the electors of a district | 1807 |
comprised of more than one county but less than all of the | 1808 |
counties of the state, withdraws as that candidate
or is | 1809 |
disqualified as that candidate under section 3513.052 of the | 1810 |
Revised Code, the
vacancy in the party nomination so created may | 1811 |
be filled by a
district committee of the major political party | 1812 |
that made
the nomination at the primary election, if the | 1813 |
committee's
chairperson and secretary certify the name of the | 1814 |
person selected to
fill the vacancy by the time specified in this | 1815 |
division, at a meeting called for that
purpose. The district | 1816 |
committee shall consist of the
chairperson and secretary of the | 1817 |
county central committee of such political
party in each county in | 1818 |
the district. The district committee
shall be called by the | 1819 |
chairperson of the county central committee
of such political | 1820 |
party of the most populous county in the
district, who shall give | 1821 |
each member of the district committee
at least two days' notice of | 1822 |
the time, place, and purpose of
the meeting. If a majority of the | 1823 |
members of the
district committee are present at the district | 1824 |
committee meeting, a majority
of those present may select a person | 1825 |
to fill the vacancy. The
chairperson and secretary of the meeting | 1826 |
shall certify in writing
and under oath to the board of elections | 1827 |
of the most populous
county in the district, not later than four | 1828 |
p.m. of the
seventy-sixth day before the day of the general | 1829 |
election, the
name of the person selected to fill the vacancy.
The | 1830 |
certification must be accompanied by the written acceptance of
the | 1831 |
nomination by the person whose name is certified. A vacancy
that | 1832 |
may be filled by an intermediate or minor political party
shall be | 1833 |
filled in accordance with the party's rules by
authorized | 1834 |
officials of the party. Certification must be
made as in the | 1835 |
manner provided for a major political party. | 1836 |
(C) If a person nominated in a primary election as a party | 1837 |
candidate for election at the next general election, whose | 1838 |
candidacy is to be submitted to the electors of a county, | 1839 |
withdraws as that candidate
or is disqualified as that candidate | 1840 |
under section 3513.052 of the Revised Code, the vacancy in the | 1841 |
party nomination
so created may be filled by the county central | 1842 |
committee of the
major political party that made the nomination at | 1843 |
the primary
election, or by the county executive committee if so | 1844 |
authorized,
if the committee's chairperson and secretary certify | 1845 |
the name of
the person selected to fill the vacancy by the time | 1846 |
specified in
this division, at a meeting called for that purpose. | 1847 |
The meeting shall be
called by the chairperson of that committee, | 1848 |
who shall give each
member of the committee at least two days' | 1849 |
notice of the time,
place, and purpose of the meeting. If a | 1850 |
majority of the members
of the committee are present at the | 1851 |
meeting, a majority of those present may
select a person to fill | 1852 |
the vacancy. The
chairperson and secretary of the meeting shall | 1853 |
certify
in writing and under oath to the board of that county, not | 1854 |
later than four
p.m. of the seventy-sixth day before the day of | 1855 |
the general
election, the name of the person selected to fill the | 1856 |
vacancy. The certification must be accompanied by the
written | 1857 |
acceptance of the nomination by the person whose name is | 1858 |
certified. A
vacancy that may be filled by an intermediate or | 1859 |
minor political
party shall be filled in accordance with the | 1860 |
party's rules
by authorized officials of the party. Certification | 1861 |
must be
made as in the manner provided for a major political | 1862 |
party. | 1863 |
(D) If a person nominated in a primary election as a party | 1864 |
candidate for election at the next general election, whose | 1865 |
candidacy is to be submitted to the electors of a district within | 1866 |
a county, withdraws as that candidate
or is disqualified as that | 1867 |
candidate under section 3513.052 of the Revised Code, the vacancy | 1868 |
in the party
nomination so created may be filled by a district | 1869 |
committee
consisting of those members of the county central | 1870 |
committee or, if so
authorized, those members of the county | 1871 |
executive committee in
that county of the major political party | 1872 |
that made the
nomination at the primary election who represent the | 1873 |
precincts
or the wards and townships within the district, if the | 1874 |
committee's
chairperson and secretary certify the name of the | 1875 |
person selected to fill the
vacancy by the time specified in this | 1876 |
division, at a meeting
called for that purpose. The district | 1877 |
committee meeting shall
be called by the chairperson of the county | 1878 |
central committee or executive
committee, as appropriate, who | 1879 |
shall give each member of the district committee at least
two | 1880 |
days' notice of the time, place, and purpose of the meeting. If
a | 1881 |
majority of the members of the district committee are
present at | 1882 |
the district committee meeting, a majority of those
present may | 1883 |
select a person to fill the vacancy. The
chairperson and | 1884 |
secretary of the district committee meeting shall certify
in | 1885 |
writing and under oath to the board of the county, not
later than | 1886 |
four p.m. of the seventy-sixth day before the day of
the general | 1887 |
election, the name of the person selected to fill the
vacancy.
The | 1888 |
certification must be accompanied by the written
acceptance of
the | 1889 |
nomination by the person whose name is
certified. A vacancy
that | 1890 |
may be filled by an intermediate or
minor political party
shall be | 1891 |
filled in accordance with
the party's rules by authorized | 1892 |
officials of the party.
Certification must be made as in the | 1893 |
manner provided for a major
political party. | 1894 |
(E) If a person nominated in a primary election as a party | 1895 |
candidate for election at the next general election, whose | 1896 |
candidacy is to be submitted to the electors of a subdivision | 1897 |
within a county, withdraws as that candidate
or is disqualified as | 1898 |
that candidate under section 3513.052 of the Revised Code, the | 1899 |
vacancy in the party nomination so created may be filled by a | 1900 |
subdivision committee consisting of those members of the county | 1901 |
central committee or, if so authorized, those members of the | 1902 |
county
executive committee in that county of the major political | 1903 |
party that made the nomination at that primary election who | 1904 |
represent
the precincts or the wards and townships within that | 1905 |
subdivision,
if the committee's chairperson and secretary certify | 1906 |
the name of
the person selected to fill the vacancy by the time | 1907 |
specified in
this division, at a meeting called for that purpose. | 1908 |
The subdivision committee meeting shall be called by the | 1909 |
chairperson of the county central committee or executive | 1910 |
committee, as appropriate, who shall give each
member of the | 1911 |
subdivision committee at least two days'
notice of the time, | 1912 |
place, and purpose of the meeting. If a
majority of the members | 1913 |
of the subdivision committee are present at
the subdivision | 1914 |
committee meeting, a majority of those present may
select a person | 1915 |
to fill the vacancy. The chairperson and
secretary of the | 1916 |
subdivision committee meeting shall certify in
writing and under | 1917 |
oath to the board of the county, not later than
four p.m. of the | 1918 |
seventy-sixth day before the day of the general
election, the name | 1919 |
of the person selected to fill the
vacancy. The certification | 1920 |
must be accompanied by the written
acceptance of the nomination by | 1921 |
the person whose name is certified. A
vacancy that may be filled | 1922 |
by an intermediate or minor political
party shall be filled in | 1923 |
accordance with the party's rules
by authorized officials of the | 1924 |
party. Certification must be
made in the manner provided for a | 1925 |
major political party. | 1926 |
(F) If a person nominated by petition as an independent or | 1927 |
nonpartisan candidate for election at the next general election | 1928 |
withdraws as that candidate
or is disqualified as that candidate | 1929 |
under section 3513.052 of the Revised Code, the vacancy so created | 1930 |
may be filled
by a majority of the committee of five, as | 1931 |
designated on the
candidate's nominating petition, if a member of | 1932 |
that committee
certifies in writing and under oath to the election | 1933 |
officials
with whom the candidate filed the candidate's nominating | 1934 |
petition, not later
than the seventy-sixth day before the day of | 1935 |
the general
election, the name of the person selected to fill the | 1936 |
vacancy. The certification shall be accompanied by the written | 1937 |
acceptance of the nomination by the person whose name is
certified | 1938 |
and shall be made in the manner provided for a major
political | 1939 |
party. | 1940 |
(G) If a person nominated in a primary election as a party | 1941 |
candidate for election at the next general election dies, the | 1942 |
vacancy so created may be filled by the same committee in the
same | 1943 |
manner as provided in this section for the filling of
similar | 1944 |
vacancies created by withdrawals
or disqualifications under | 1945 |
section 3513.052 of the Revised Code, except that the | 1946 |
certification, when filling a vacancy created by death, may not
be | 1947 |
filed with the secretary of state, or with a board of the most | 1948 |
populous county of a district, or with the board of a county in | 1949 |
which the major portion of the population of a subdivision is | 1950 |
located, later than four p.m. of the tenth day before the day of | 1951 |
such general election, or with any other board later than four | 1952 |
p.m. of the fifth day before the day of such general election. | 1953 |
(H) If a person nominated by petition as an independent or | 1954 |
nonpartisan candidate for election at the next general election | 1955 |
dies prior to the tenth day before the day of that general | 1956 |
election, the vacancy so created may be filled by a majority of | 1957 |
the committee of five designated in the nominating petition to | 1958 |
represent
the candidate named in it. To fill the
vacancy a member | 1959 |
of the committee shall, not later than four
p.m. of the fifth day | 1960 |
before the day of the general
election, file with the election | 1961 |
officials with whom the petition
nominating the person was filed, | 1962 |
a certificate signed and
sworn to under oath by a majority of the | 1963 |
members,
designating the person they select
to fill the vacancy. | 1964 |
The certification
must be accompanied by
the written acceptance of | 1965 |
the nomination by the person
whose name is so certified. | 1966 |
(I) If a person holding an elective office dies or resigns | 1967 |
subsequent to the one-hundredth day before the day of a primary | 1968 |
election and prior to the seventy-sixth day before the day of the | 1969 |
next
general election, and if, under the laws of this state, a | 1970 |
person
may be elected at that general election to fill the | 1971 |
unexpired
term of the person who has died or resigned, the | 1972 |
appropriate
committee of each political party, acting as in the | 1973 |
case of a
vacancy in a party nomination, as provided in divisions | 1974 |
(A) to
(D) of this section, may select a person as the party | 1975 |
candidate for election for such unexpired term at that general | 1976 |
election, and certify the person's name to the appropriate | 1977 |
election
official not later than four p.m. on the seventy-sixth | 1978 |
day before the
day of that general election, or on the tenth day | 1979 |
following the
day on which the vacancy occurs, whichever is later. | 1980 |
When the vacancy occurs on or subsequent to the seventy-sixth day | 1981 |
and six
or more days prior to the fortieth day before the general | 1982 |
election, the
appropriate committee may select a person as the | 1983 |
party candidate and certify
the person's name, as provided in the | 1984 |
preceding sentence, not later than
four p.m. on the tenth day | 1985 |
following the day on which
the vacancy occurs. When the vacancy | 1986 |
occurs fewer
than six days before the fortieth day before the | 1987 |
general
election, the deadline for filing shall be four p.m. on | 1988 |
the
thirty-sixth day before the general election. Thereupon
the | 1989 |
name shall be printed as the party candidate under proper
titles | 1990 |
and in the proper place on the proper ballots for use at the | 1991 |
election. If a person has been nominated in a
primary election, | 1992 |
the authorized committee of that political
party shall not select | 1993 |
and certify a person as the party
candidate. | 1994 |
(J) Each person desiring to become an independent candidate | 1995 |
to
fill the unexpired term shall file a statement of candidacy and | 1996 |
nominating petition, as provided in section 3513.261 of the | 1997 |
Revised Code, with the appropriate election official not later | 1998 |
than four p.m. on the tenth day following the day on which the | 1999 |
vacancy occurs, provided that when the vacancy occurs fewer than | 2000 |
six days before the fortieth day before the general election, the | 2001 |
deadline for filing shall be four p.m. on the thirty-sixth day | 2002 |
before the general election. The nominating petition shall | 2003 |
contain at least seven hundred fifty signatures and no more than | 2004 |
one thousand five hundred signatures of qualified electors of the | 2005 |
district, political subdivision, or portion of a political | 2006 |
subdivision in which the office is to be voted upon, or the
amount | 2007 |
provided for in section 3513.257 of the Revised Code,
whichever is | 2008 |
less. | 2009 |
(K) When a person nominated as a candidate by a political | 2010 |
party in a primary
election or by nominating petition for an | 2011 |
elective office for which candidates are nominated at a party | 2012 |
primary election
withdraws
or, dies, or is disqualified under | 2013 |
section 3513.052 of the Revised Code prior to the general | 2014 |
election, the appropriate committee of
any other major political | 2015 |
party or committee of five that has not nominated a
candidate for | 2016 |
that office, or whose nominee as a candidate for
that office has | 2017 |
withdrawn
or, died, or been disqualified without the vacancy so | 2018 |
created having been
filled, may, acting as in the case of
a | 2019 |
vacancy in a party nomination or nomination by petition as | 2020 |
provided in
divisions (A) to (F) of this section, whichever
is | 2021 |
appropriate, select a person as a candidate of that party or of | 2022 |
that
committee of five for election to the office. | 2023 |
Sec. 3517.02. All members of controlling committees of a | 2024 |
major or intermediate political party shall be elected by direct | 2025 |
vote of the members of the party, except as otherwise provided in | 2026 |
section 3517.05 of the Revised Code. Their names shall be placed | 2027 |
upon the official ballot, and, notwithstanding division (B) of | 2028 |
section 3513.23 of the Revised Code, the persons receiving the | 2029 |
highest
number of votes for
committeemencommitteepersons shall be | 2030 |
the
members of
suchthose controlling committees. Each member of | 2031 |
sucha controlling
committee shall be a resident and qualified | 2032 |
elector of the
district, ward, or precinct
which he
that the | 2033 |
member is elected to
represent. All members of controlling | 2034 |
committees of a minor political party
shall be determined in | 2035 |
accordance with party rules. | 2036 |
Sec. 3517.03. The controlling committees of each major | 2043 |
political party or organization shall be a state central
committee | 2044 |
consisting of two members, one a man and one a woman,
representing | 2045 |
either each congressional district in the state or
each senatorial | 2046 |
district in the state, as the outgoing committee
determines; a | 2047 |
county central committee consisting of one member
from each | 2048 |
election precinct in the county, or of one member from
each ward | 2049 |
in each city and from each township in the county, as
the outgoing | 2050 |
committee determines; and such district, city,
township, or other | 2051 |
committees as the rules of the party provide. | 2052 |
All the members of such committees shall be members of the | 2053 |
party and shall be elected for terms of either two or four years, | 2054 |
as determined by party rules, by direct vote at the primary held | 2055 |
in an even-numbered year.
CandidatesExcept as otherwise provided | 2056 |
in section 3517.02 of the Revised Code, candidates for election as | 2057 |
state
central committee members shall be elected at primaries in | 2058 |
the
same manner as provided in sections 3513.01 to 3513.32 of the | 2059 |
Revised Code, for the nomination of candidates for office in a | 2060 |
county. Candidates for election as members of the county central | 2061 |
committee shall be elected at primaries in the same manner as | 2062 |
provided in
suchthose sections for the nomination of candidates | 2063 |
for
county offices, except as otherwise provided in
section | 2064 |
sections 3513.051
and 3517.02
of the
of the Revised Code. | 2065 |
Each major party controlling committee shall elect an | 2066 |
executive committee
whichthat shall have
suchthe powers
as are | 2067 |
granted
to it by the party controlling committee, and
as are | 2068 |
provided
to it by
law. When a judicial, senatorial, or | 2069 |
congressional district is
comprised of more than one county, the | 2070 |
chairperson and
secretary of the county central committee from | 2071 |
each county in
suchthat district
shall constitute the judicial, | 2072 |
senatorial, or congressional
committee of
suchthe district. When | 2073 |
a judicial, senatorial, or
congressional district is included | 2074 |
within a county, the county
central committee shall constitute the | 2075 |
judicial, senatorial, or
congressional committee of
suchthe | 2076 |
district. | 2077 |
The controlling committee of each intermediate political | 2078 |
party or organization shall be a state central committee | 2079 |
consisting of two members, one a man and one a woman, from each | 2080 |
congressional district in the state. All members of
suchthe | 2081 |
committee shall be members of the party and shall be elected by | 2082 |
direct vote at the primary held in the even-numbered years. | 2083 |
CandidatesExcept as otherwise provided in section 3517.02 of the | 2084 |
Revised Code, candidates for election shall be elected at the | 2085 |
primary in the
same manner as provided in sections 3513.01 to | 2086 |
3513.32 of the
Revised Code. An intermediate political party may | 2087 |
have such
other party organization as its rules provide. Each | 2088 |
intermediate
party shall file the names and addresses of its | 2089 |
officers with the
secretary of state. | 2090 |
A minor political party may elect controlling committees at
a | 2091 |
primary election in the even-numbered year by filing a plan for | 2092 |
party organization with the secretary of state on or before the | 2093 |
ninetieth day before the day of the primary election.
SuchThe | 2094 |
plan
shall specify which offices are to be elected and provide the | 2095 |
procedure for qualification of candidates for
suchthose offices. | 2096 |
Candidates to be elected pursuant to
suchthe plan shall be | 2097 |
required
to be designated and qualified on or before the ninetieth | 2098 |
day
before the day of the election. Such parties may, in lieu of | 2099 |
electing a controlling committee or other officials, choose such | 2100 |
committee or other officials in accordance with party rules. Each | 2101 |
such party
shall file the names and addresses of members of
its | 2102 |
controlling committee and party officers with the secretary
of | 2103 |
state. | 2104 |
Sec. 3517.10. (A) Except as otherwise provided in this | 2105 |
division, every campaign committee, political action committee, | 2106 |
legislative campaign fund, political party, and political | 2107 |
contributing entity
that made or received a contribution or made | 2108 |
an expenditure in connection with the nomination or election of | 2109 |
any candidate or in connection with any ballot issue or question | 2110 |
at any election held or to be held in this state shall file, on a | 2111 |
form prescribed under this section, by electronic means of | 2112 |
transmission as provided in this section and section 3517.106 of | 2113 |
the Revised
Code, or, until
January March 1,
20032004, on | 2114 |
computer disk
as
provided in section 3517.106 of the Revised Code, | 2115 |
a
full, true,
and
itemized
statement, made under penalty of | 2116 |
election
falsification, setting
forth in detail the contributions | 2117 |
and
expenditures, no later than
four p.m. of the following dates: | 2118 |
The statement required under division (A)(1) of this
section | 2138 |
shall not be required of any campaign committee,
political action | 2139 |
committee, legislative campaign
fund, political party, or | 2140 |
political contributing
entity that has
received
contributions of | 2141 |
less than one thousand dollars and has made
expenditures of less | 2142 |
than one thousand dollars at the close of
business on the | 2143 |
twentieth day before the election. Those contributions and | 2144 |
expenditures shall be reported in the statement required under | 2145 |
division (A)(2)
of this section. | 2146 |
No statement under division (A)(3) of this section shall be | 2160 |
required for any year in which a campaign committee, political | 2161 |
action committee, legislative campaign fund,
political party, or | 2162 |
political contributing entity is required to
file a
postgeneral | 2163 |
election statement under
division (A)(2)
of this
section.
However, | 2164 |
such a statement may be filed, at the option
of the
campaign | 2165 |
committee, political action committee,
legislative
campaign fund, | 2166 |
political party, or political
contributing entity. | 2167 |
No statement under division (A)(3) of this section shall be | 2168 |
required if the campaign committee, political action committee, | 2169 |
legislative campaign fund, political party, or political | 2170 |
contributing entity has no
contributions that it has received and | 2171 |
no expenditures that it has made since the
last date reflected in | 2172 |
its last previously filed statement.
However, the campaign | 2173 |
committee, political action committee,
legislative campaign fund, | 2174 |
political party, or political
contributing entity shall
file a | 2175 |
statement to that effect, on a form prescribed under this
section | 2176 |
and made under penalty of election falsification, on the
date | 2177 |
required in division (A)(3) of this section. | 2178 |
The campaign committee of a statewide candidate shall
file a | 2179 |
monthly statement of contributions received during each of
the | 2180 |
months of July, August, and September
in the year of the general | 2181 |
election in which the candidate seeks
office. The campaign | 2182 |
committee of a statewide candidate shall
file the monthly | 2183 |
statement
not later than three business days after the last day of | 2184 |
the
month covered by the statement. During the period
beginning | 2185 |
on the
nineteenth day before the general election in which a | 2186 |
statewide candidate
seeks election to office and extending through | 2187 |
the day of that general
election, each time the campaign committee | 2188 |
of the joint candidates for the
offices of governor and
lieutenant | 2189 |
governor or of a candidate for the office of secretary of state, | 2190 |
auditor of state, treasurer of state, or attorney general receives | 2191 |
a
contribution from a contributor that causes the aggregate amount | 2192 |
of contributions received from that contributor during that
period | 2193 |
to equal or exceed two thousand five hundred dollars and each time | 2194 |
the
campaign committee of a candidate for the office of chief | 2195 |
justice or
justice of the supreme court receives a contribution | 2196 |
from a
contributor that causes the aggregate amount of | 2197 |
contributions
received from that contributor during that period to | 2198 |
exceed five
hundred dollars, the campaign committee
shall file a | 2199 |
two-business-day statement reflecting that
contribution. During | 2200 |
the period beginning on the nineteenth
day before a
primary | 2201 |
election in which a candidate for statewide
office seeks | 2202 |
nomination to office and extending through the day
of that primary | 2203 |
election, each time either the campaign committee of a
statewide | 2204 |
candidate in that primary election that files a
notice under | 2205 |
division (C)(1) of section 3517.103 of the Revised Code or the | 2206 |
campaign committee
of a statewide candidate in that primary | 2207 |
election to which, in
accordance with division (D) of section | 2208 |
3517.103 of the
Revised Code, the contribution limitations | 2209 |
prescribed in
section 3517.102 of the Revised Code
no longer apply | 2210 |
receives a contribution
from a contributor that causes the | 2211 |
aggregate amount of
contributions received from that contributor | 2212 |
during that period
to exceed two thousand five hundred dollars, | 2213 |
the campaign
committee shall file a two-business-day statement | 2214 |
reflecting
that contribution.
Contributions reported on a | 2215 |
two-business-day statement
required to be filed by a campaign | 2216 |
committee of a statewide
candidate in a primary election shall | 2217 |
also be included
in the postprimary election statement required to | 2218 |
be filed by
that campaign committee under division (A)(2) of this | 2219 |
section. A two-business-day statement required by this
paragraph | 2220 |
shall be filed not
later than two business days after receipt of | 2221 |
the contribution. The
statements required by this paragraph shall | 2222 |
be filed in
addition to any other statements required by this | 2223 |
section. | 2224 |
The secretary of state may permit the filing of | 2225 |
two-business-day statements
by facsimile or other electronic means | 2226 |
of transmission until
January 1, 2001. Subject to the secretary | 2227 |
of state
having implemented, tested, and verified the successful | 2228 |
operation of any system the secretary of state prescribes pursuant | 2229 |
to
divisions (C)(6)(b) and (D)(6) of this
section and division | 2230 |
(H)(1) of section 3517.106 of the Revised Code for the
filing
of | 2231 |
campaign finance statements by electronic means of transmission, | 2232 |
on
and after January 1, 2001, a campaign committee
of a statewide | 2233 |
candidate shall file a two-business-day
statement under the | 2234 |
preceding paragraph
by electronic means of transmission if the | 2235 |
campaign committee
is required to file a preelection, | 2236 |
postelection, or
monthly statement of contributions and | 2237 |
expenditures by
electronic means of transmission under this | 2238 |
section or section
3517.106 of the Revised
Code. | 2239 |
If a campaign committee or political action committee has
no | 2240 |
balance on hand and no outstanding obligations and desires to | 2241 |
terminate itself, it shall file a statement to that effect, on a | 2242 |
form prescribed under this section and made under penalty of | 2243 |
election falsification, with the official with whom it files a | 2244 |
statement under division (A) of this section after filing a final | 2245 |
statement of contributions and a final statement of expenditures, | 2246 |
if contributions have been received or expenditures made since
the | 2247 |
period reflected in its last previously filed statement. | 2248 |
(b)(i) The full name and address of each person, political | 2267 |
party, campaign committee, legislative campaign fund,
political | 2268 |
action committee, or political contributing entity
from whom | 2269 |
contributions are received and the
registration number assigned to | 2270 |
the
political action committee under division (D)(1) of this | 2271 |
section. The requirement of filing the full address does not | 2272 |
apply to any statement filed by a state or local committee of a | 2273 |
political
party, to a finance committee of
such committee, or to a | 2274 |
committee recognized by a state or local
committee as its | 2275 |
fund-raising auxiliary. Notwithstanding
division (F)(1) of this | 2276 |
section, the requirement of filing the full
address shall be | 2277 |
considered as being met if the address filed is
the same address | 2278 |
the contributor provided under division
(E)(1) of this section. | 2279 |
(iii) If a campaign committee of a statewide candidate or | 2286 |
candidate for the office of member of the general assembly | 2287 |
receives a
contribution transmitted pursuant to
section 3599.031 | 2288 |
of the Revised Code from
amounts deducted from the wages and | 2289 |
salaries of two or more
employees that exceeds
in the aggregate | 2290 |
one hundred dollars during any one filing period
under division | 2291 |
(A)(1), (2), or (3) of this section, the full
name of the | 2292 |
employees' employer and the full name of the labor organization
of | 2293 |
which the employees are members, if any. | 2294 |
(e) A separately itemized account of all contributions and | 2298 |
expenditures regardless of the amount, except a receipt of a | 2299 |
contribution from a person in the sum of twenty-five dollars or | 2300 |
less at one social or fund-raising activity and a receipt of a | 2301 |
contribution
transmitted pursuant to section 3599.031 of the | 2302 |
Revised Code from amounts
deducted from the wages and salaries of | 2303 |
employees if the contribution from the
amount deducted from the | 2304 |
wages and salary of any one employee is twenty-five
dollars or | 2305 |
less aggregated in a calendar year. An account of the total | 2306 |
contributions from each social or fund-raising activity shall | 2307 |
include a
description of and the value of each in-kind | 2308 |
contribution received at that
activity from any person who made | 2309 |
one or more
such contributions whose aggregate value exceeded two | 2310 |
hundred
fifty dollars and shall be listed separately, together | 2311 |
with the expenses
incurred and paid in connection with that | 2312 |
activity. A campaign committee,
political action committee, | 2313 |
legislative campaign fund, political
party, or political | 2314 |
contributing entity
shall keep records of contributions from each | 2315 |
person in the amount of
twenty-five dollars or less at one social | 2316 |
or fund-raising activity and
contributions from amounts deducted | 2317 |
under section 3599.031 of the Revised Code
from the wages and | 2318 |
salary of each employee in the amount of twenty-five
dollars or | 2319 |
less aggregated in a calendar year. No continuing association | 2320 |
that
is recognized by a state or local committee of a political | 2321 |
party as an
auxiliary of the party and that makes a contribution | 2322 |
from funds derived solely
from regular dues paid by members of the | 2323 |
auxiliary shall be required to list
the name or address of any | 2324 |
members who paid those dues. | 2325 |
(f) In the case of a campaign committee of a
state elected | 2331 |
officer, if a person doing business with the state elected
officer | 2332 |
in the officer's official capacity makes a contribution to
the | 2333 |
campaign committee of that officer, the information required
under | 2334 |
division (B)(4) of this section in regard to that
contribution, | 2335 |
which shall be filed together with and considered a
part of the | 2336 |
committee's statement of contributions as required
under division | 2337 |
(A) of this section but shall be filed on
a separate form provided | 2338 |
by the secretary of state. As used in
division (B)(4)(f) of this | 2339 |
section: | 2340 |
(C)(1) The statement of contributions and expenditures
shall | 2360 |
be signed by the person completing the form. If a statement of | 2361 |
contributions and expenditures is filed by electronic means of | 2362 |
transmission
pursuant to this
section or section 3517.106 of the | 2363 |
Revised Code, the
electronic signature of the person who executes | 2364 |
the statement and transmits
the statement by electronic means of | 2365 |
transmission, as
provided in division (H) of section 3517.106 of | 2366 |
the Revised
Code, shall be attached to or associated with the | 2367 |
statement and shall
be binding on all persons and for all purposes | 2368 |
under the campaign finance
reporting law as if the
signature had | 2369 |
been handwritten in ink on a printed form. | 2370 |
(5) The campaign committee of any person who attempts to | 2388 |
become
a candidate and who, for any reason, does not become | 2389 |
certified in
accordance with Title XXXV of the Revised Code for | 2390 |
placement on
the official ballot of a primary, general, or special | 2391 |
election to
be held in this state, and who, at any time prior to | 2392 |
or after an
election, receives contributions or makes | 2393 |
expenditures, or has
given consent for another to receive | 2394 |
contributions or make
expenditures, for the purpose of bringing | 2395 |
about the person's
nomination or election to public office, shall | 2396 |
file the statement
or statements prescribed by this section and a | 2397 |
termination
statement, if applicable. This paragraph does not | 2398 |
apply to any
person with respect to an election to the offices of | 2399 |
member of a
county or state central committee, presidential | 2400 |
elector, or
delegate to a national convention or conference of a | 2401 |
political
party. | 2402 |
(b) The secretary of state shall prescribe the form for all | 2408 |
statements
required to be
filed under this section
and
shall | 2409 |
furnish the forms to the boards of elections in
the several | 2410 |
counties. The boards
of elections shall supply printed copies of | 2411 |
those forms without charge. The
secretary of state
shall | 2412 |
prescribe the appropriate methodology, protocol, and data file | 2413 |
structure for
statements required or permitted to
be filed by | 2414 |
electronic means of transmission under division (A) of
this | 2415 |
section and
divisions (E), (F), and (G) of section 3517.106 of
the | 2416 |
Revised Code and for statements permitted to be filed on
computer | 2417 |
disk under division (F) of section 3517.106 of the
Revised Code. | 2418 |
Subject to division (A) of this
section and divisions
(E), (F), | 2419 |
and (G) of section 3517.106 of the
Revised
Code, the statements | 2420 |
required to be stored on
computer by the secretary of state under | 2421 |
division (B) of section
3517.106 of the Revised Code
shall be | 2422 |
filed in whatever format
the secretary of state considers | 2423 |
necessary to enable
the secretary of state to store the | 2424 |
information contained in
the statements on computer. Any such | 2425 |
format shall be of a type and nature that is readily available to | 2426 |
whoever is
required to file the statements in that format. | 2427 |
(c) The secretary of state shall assess the need for | 2428 |
training
regarding the filing of campaign finance statements by | 2429 |
electronic means of
transmission and regarding associated | 2430 |
technologies for candidates, campaign committees, political action | 2431 |
committees,
legislative campaign funds, political parties, | 2432 |
political contributing
entities, or individuals, partnerships, or | 2433 |
other entities required or
permitted to file statements by | 2434 |
electronic means of transmission under this
section or section | 2435 |
3517.105 or 3517.106 of the Revised Code. If, in the opinion of | 2436 |
the secretary
of state,
training in these areas is necessary, the | 2437 |
secretary of state shall arrange
for the provision of voluntary | 2438 |
training programs for candidates, campaign
committees, political | 2439 |
action committees, legislative campaign funds, political
parties, | 2440 |
political contributing entities, and individuals, partnerships, | 2441 |
and
other entities. | 2442 |
(D)(1) Prior to receiving a contribution or making an | 2448 |
expenditure, every
campaign committee, political action
committee, | 2449 |
legislative campaign fund, political party, or
political | 2450 |
contributing entity
shall appoint a treasurer and shall
file, on a | 2451 |
form prescribed by the secretary of state, a
designation of that | 2452 |
appointment,
including the full name and address of the treasurer | 2453 |
and of the
campaign committee, political
action committee, | 2454 |
legislative campaign fund, political
party, or political | 2455 |
contributing entity. That designation shall
be filed with
the | 2456 |
official with whom the campaign committee,
political action | 2457 |
committee, legislative campaign fund,
political party, or | 2458 |
political contributing entity is required to
file statements under | 2459 |
section 3517.11 of the
Revised Code. The name of a campaign | 2460 |
committee shall include at least the
last name of the campaign | 2461 |
committee's candidate. The secretary of
state shall assign a | 2462 |
registration number to each political action
committee that files | 2463 |
a designation of the appointment of a treasurer under
division | 2464 |
(D)(1) of this section if the political action committee is | 2465 |
required
by division (A)(1) of section 3517.11 of the Revised Code | 2466 |
to file the
statements prescribed by this section with the | 2467 |
secretary of state. | 2468 |
(c) A state or county political party may
establish a state | 2480 |
candidate fund that is separate from an account that
contains the | 2481 |
public moneys received from the Ohio political party fund
under | 2482 |
section 3517.17 of the Revised Code and from all other funds. A | 2483 |
state
or county political party may deposit into its state | 2484 |
candidate fund any
amounts of monetary contributions that are made | 2485 |
to or accepted by the
political party subject to the applicable | 2486 |
limitations, if any, prescribed in
section 3517.102 of the Revised | 2487 |
Code. A state or county political party
shall deposit all other | 2488 |
monetary contributions received by the
party into one or more | 2489 |
accounts
that are separate from its state candidate fund and from | 2490 |
its account that contains the public moneys received from the Ohio | 2491 |
political party fund under section 3517.17 of the Revised Code. | 2492 |
(d) Each state political party shall have only one | 2493 |
legislative campaign fund
for each house of the general assembly. | 2494 |
Each such fund shall be separate from
any other funds or accounts | 2495 |
of that state party. A legislative campaign fund
is authorized to | 2496 |
receive contributions and make expenditures for the primary | 2497 |
purpose of furthering the election of candidates who are members | 2498 |
of that
political party to the house of the general assembly with | 2499 |
which that
legislative campaign fund is associated. Each | 2500 |
legislative campaign fund shall
be administered and controlled in | 2501 |
a manner designated by the caucus. As used
in division (D)(3)(d) | 2502 |
of this section, "caucus" has the same meaning as in
section | 2503 |
3517.01 of the Revised Code and includes, as an ex officio member, | 2504 |
the
chairperson of the state political party with which the caucus | 2505 |
is
associated or that chairperson's designee. | 2506 |
(6) The secretary of
state, by rule adopted pursuant to | 2520 |
section 3517.23 of the
Revised
Code, shall prescribe the
manner of | 2521 |
immediately acknowledging, with date and time received, and | 2522 |
preserving the receipt of statements
that are transmitted by | 2523 |
electronic means of transmission to the secretary of
state | 2524 |
pursuant to this section or section 3517.106 of the
Revised
Code | 2525 |
and the manner of
preserving the contribution and expenditure | 2526 |
information in those statements.
The secretary of state
shall | 2527 |
preserve the contribution and expenditure information in those | 2528 |
statements for at least
ten years after the year in which they are | 2529 |
filed by electronic means of transmission. | 2530 |
(7) The secretary of state, pursuant to division
(I) of | 2531 |
section 3517.106 of the Revised Code, shall
make available online | 2532 |
to the public through the internet the contribution and | 2533 |
expenditure information in
all statements, all addenda, | 2534 |
amendments, or other corrections to statements,
and all amended | 2535 |
statements filed with the secretary of state by electronic or | 2536 |
other means of transmission under this section, division
(B)(2)(b) | 2537 |
or (C)(2)(b) of
section 3517.105, or section 3517.106 or 3517.11 | 2538 |
of the Revised Code. The secretary of state
may remove the | 2539 |
information from the internet after a reasonable period of
time. | 2540 |
(E)(1) Any person, political party, campaign committee, | 2541 |
legislative campaign fund,
political action committee, or | 2542 |
political contributing entity
that makes a contribution in | 2543 |
connection with the nomination or election of any candidate or in | 2544 |
connection with any ballot issue or question at any election held | 2545 |
or to be held in this state shall provide its full name and | 2546 |
address to the recipient of the contribution at the time the | 2547 |
contribution is made. The political action committee also
shall | 2548 |
provide the registration number assigned to the committee under | 2549 |
division
(D)(1) of this section to the recipient of the | 2550 |
contribution at the time the
contribution is made. | 2551 |
(3) If a campaign committee shows that it has exercised its | 2560 |
best efforts to
obtain, maintain, and submit the information | 2561 |
required under divisions
(B)(4)(b)(ii) and (iii) of this section, | 2562 |
that committee is considered to have
met the requirements of those | 2563 |
divisions. A campaign committee shall not be
considered to have | 2564 |
exercised its best efforts unless, in connection with written | 2565 |
solicitations,
it regularly includes a written request for the | 2566 |
information required under
division (B)(4)(b)(ii) of this section | 2567 |
from the contributor or the information
required under division | 2568 |
(B)(4)(b)(iii) of this section from whoever transmits
the | 2569 |
contribution. | 2570 |
(1) "Address" means all of the
following if they exist: | 2576 |
apartment number, street, road, or
highway name and number, rural | 2577 |
delivery route number, city or
village, state, and zip code as | 2578 |
used in a person's
post-office address, but not post-office box.
| 2579 |
If an address is required in this section, a post-office box and | 2580 |
office, room, or suite number may be included in addition to but | 2581 |
not in lieu of an apartment, street, road, or highway name and | 2582 |
number. If an
address is required in this section, a
campaign | 2583 |
committee, political action committee, legislative campaign fund, | 2584 |
political party, or political contributing entity may use
the | 2585 |
business or residence address of its treasurer or deputy | 2586 |
treasurer. The post-office box number of the campaign committee, | 2587 |
political action committee, legislative campaign fund,
political | 2588 |
party, or political contributing entity may be used in
addition to | 2589 |
that address. | 2590 |
(H)(1) Except as otherwise provided in division (H)(2)
of | 2604 |
this section, if, during the combined preelection and postelection | 2605 |
reporting periods
for an election, a campaign committee has | 2606 |
received contributions of five
hundred dollars or less and has | 2607 |
made expenditures in the total amount of five
hundred dollars or | 2608 |
less, it may file a statement to that effect, under penalty
of | 2609 |
election falsification, in lieu of the statement required by | 2610 |
division
(A)(2) of this section. The statement shall indicate the | 2611 |
total
amount of contributions received and the total amount of | 2612 |
expenditures made
during those combined reporting periods. | 2613 |
(2) In the case of a successful candidate at a primary | 2614 |
election, if either
the
total contributions received by or the | 2615 |
total expenditures made by the
candidate's campaign committee | 2616 |
during the preprimary, postprimary, pregeneral,
and postgeneral | 2617 |
election periods combined equal more than five hundred
dollars, | 2618 |
the campaign committee may file the statement under division | 2619 |
(H)(1)
of this section only for the primary election. The first | 2620 |
statement that the
campaign committee files in regard to the | 2621 |
general election shall reflect all
contributions received and all | 2622 |
expenditures made during the preprimary and
postprimary election | 2623 |
periods. | 2624 |
(K)(1) In addition to filing a designation of appointment
of | 2648 |
a treasurer under division
(D)(1) of this section, the campaign | 2649 |
committee of any candidate
for an elected municipal office that | 2650 |
pays an annual amount of
compensation of five thousand dollars or | 2651 |
less, the campaign
committee of any candidate for member of a | 2652 |
board of education
except member of the state board of education, | 2653 |
or the campaign
committee of any candidate for township trustee or | 2654 |
township
clerk may sign, under penalty of election falsification, | 2655 |
a
certificate attesting that the committee will not accept | 2656 |
contributions during an election period that exceed in the | 2657 |
aggregate two thousand dollars from all contributors and one | 2658 |
hundred dollars from any one individual, and that the campaign | 2659 |
committee will not make expenditures during an election period | 2660 |
that exceed in the aggregate two thousand dollars. | 2661 |
(3) If, after filing a certificate under division (K)(1)
of | 2672 |
this section, a campaign committee exceeds any of the
limitations | 2673 |
described in that division during an election
period, the | 2674 |
certificate is void and thereafter the campaign
committee shall | 2675 |
file the statements required by
division (A) of section 3517.10 of | 2676 |
the Revised Code. If the
campaign committee has not previously | 2677 |
filed a statement, then on
the first statement the campaign | 2678 |
committee is required to file
under division (A) of section | 2679 |
3517.10 of the Revised Code after
the committee's certificate is | 2680 |
void, the committee shall report all
contributions received and | 2681 |
expenditures made from the time the
candidate filed the | 2682 |
candidate's declaration of candidacy and
petition, nominating | 2683 |
petition, or declaration of intent to be a
write-in candidate. | 2684 |
(4) As used in division (K) of this section, "election | 2685 |
period" means the period of time beginning on the day a person | 2686 |
files a declaration of candidacy and petition, nominating | 2687 |
petition, or declaration of intent to be a write-in candidate | 2688 |
through the day of the election at which the person seeks | 2689 |
nomination to office if the person is not elected to office, or, | 2690 |
if the
candidate was nominated in a primary election,
the day of | 2691 |
the election at which the candidate seeks office. | 2692 |
(L) Notwithstanding division
(B)(4) of this
section, a | 2693 |
political contributing entity that receives
contributions from the | 2694 |
dues, membership fees, or other assessments of its
members or from | 2695 |
its officers,
shareholders, and employees may report the aggregate | 2696 |
amount of
contributions received from those contributors and the | 2697 |
number of
individuals making those contributions, for each filing | 2698 |
period
identified under divisions (A)(1), (2), and
(3) of this | 2699 |
section. Division
(B)(4) of this section applies
to a political | 2700 |
contributing entity with regard to contributions
it receives from | 2701 |
all other contributors. | 2702 |
(C)(1) The secretary of state shall make
available to the | 2733 |
campaign committees, political action
committees, political | 2734 |
contributing entities, legislative
campaign funds, political | 2735 |
parties, individuals,
partnerships, corporations, labor | 2736 |
organizations, and other entities
described in division (B) of | 2737 |
this section, and to
members of the news
media and other | 2738 |
interested persons, for a reasonable fee,
computer programs that | 2739 |
are compatible with the secretary of state's
method of storing the | 2740 |
information contained in the statements. | 2741 |
(E)(1) Subject to the secretary of state having implemented, | 2752 |
tested, and verified the successful operation of any system the | 2753 |
secretary of
state prescribes pursuant to division (H)(1) of this | 2754 |
section and
divisions (C)(6)(b) and (D)(6) of section
3517.10
of | 2755 |
the Revised Code for the filing of campaign finance statements by | 2756 |
electronic means of
transmission,
on and after
January 1, 2001, | 2757 |
the campaign
committee of each candidate for statewide office may | 2758 |
file the
statements prescribed by section 3517.10 of the
Revised | 2759 |
Code by electronic means of
transmission or, if the total amount | 2760 |
of the contributions received
or the total amount of the | 2761 |
expenditures made by the campaign
committee for the applicable | 2762 |
reporting period as specified in
division (A) of section 3517.10 | 2763 |
of the Revised Code exceeds ten thousand
dollars, shall file those | 2764 |
statements by electronic means of transmission. | 2765 |
Except as otherwise provided in this division,
within five | 2766 |
business days after a statement filed by a campaign committee of a | 2767 |
candidate for statewide office is received by the secretary of | 2768 |
state by
electronic or other means of transmission, the secretary | 2769 |
of state shall make
available online to the public
through the | 2770 |
internet, as provided in division (I) of this section,
the | 2771 |
contribution and expenditure information in that statement.
The | 2772 |
secretary
of state shall not make available online to the public | 2773 |
through the
internet any contribution or expenditure information | 2774 |
contained in a
statement for any candidate until the secretary of | 2775 |
state is able to make
available online to the public through the | 2776 |
internet the
contribution and expenditure information for all | 2777 |
candidates for a
particular office. As soon as the secretary of | 2778 |
state has
available all of that information, the secretary of | 2779 |
state shall
simultaneously make available online to the public | 2780 |
through the
internet the information for all candidates for a | 2781 |
particular
office. | 2782 |
(2) Subject to division (E)(3) of this section and subject | 2800 |
to the
secretary of state having implemented, tested, and verified | 2801 |
the successful
operation of any system the secretary of state | 2802 |
prescribes pursuant to division
(H)(1) of this section and | 2803 |
divisions (C)(6)(b)
and (D)(6) of section 3517.10 of the Revised | 2804 |
Code for the filing
of campaign finance statements by electronic | 2805 |
means of transmission,
on and
after
January 1, 2001, a
political | 2806 |
action committee and a political
contributing entity described in | 2807 |
division
(B)(2) of this section,
a legislative campaign fund, and | 2808 |
a state political party may file
the statements prescribed by | 2809 |
section 3517.10 of the
Revised
Code by electronic means of | 2810 |
transmission. | 2811 |
Within five business days after
a statement filed by a | 2812 |
political action committee or a political
contributing entity | 2813 |
described in division
(B)(2) of this section, a legislative | 2814 |
campaign fund, or a state
political party is received by the | 2815 |
secretary of state by electronic or other
means of transmission, | 2816 |
the secretary of state shall make available online to
the public | 2817 |
through the internet, as provided in division (I) of this section, | 2818 |
the contribution and expenditure information in that statement. | 2819 |
If a statement filed by electronic means of transmission is | 2820 |
found to be
incomplete or inaccurate after the examination of the | 2821 |
statement
for completeness and accuracy pursuant to division | 2822 |
(B)(3)(a) of section 3517.11 of
the Revised
Code, the political | 2823 |
action
committee, political contributing entity, legislative | 2824 |
campaign
fund, or state political party shall file by electronic | 2825 |
means of transmission
any addendum to the
statement that provides | 2826 |
the information necessary to complete or
correct the statement or, | 2827 |
if required by the secretary of state under that
division, an | 2828 |
amended statement. | 2829 |
Within five business days after the secretary of state | 2830 |
receives from a
political action committee or a political | 2831 |
contributing entity described in division (B)(2) of this section, | 2832 |
a
legislative campaign fund, or a state political party an | 2833 |
addendum to the statement or an amended statement by electronic or | 2834 |
other means
of transmission under this
division or division | 2835 |
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of | 2836 |
state shall make the contribution and expenditure information in | 2837 |
the addendum
or amended statement
available online to the public | 2838 |
through the internet as provided in division (I) of this section. | 2839 |
(3) Subject to the secretary of state having implemented, | 2840 |
tested, and
verified the successful operation of any system the | 2841 |
secretary of state
prescribes pursuant to division (H)(1) of this | 2842 |
section and divisions
(C)(6)(b) and (D)(6) of section 3517.10 of | 2843 |
the Revised Code
for the filing of campaign finance statements by | 2844 |
electronic means of
transmission,
on and after
January 1, 2002, a | 2845 |
political
action committee and a political contributing entity | 2846 |
described
in division (B)(2) of this
section, a legislative | 2847 |
campaign fund, and a state political party
shall file the | 2848 |
statements prescribed by section 3517.10 of the
Revised
Code by | 2849 |
electronic means of
transmission if the total amount of the | 2850 |
contributions received
or the total amount of the expenditures | 2851 |
made by the political
action committee, political contributing | 2852 |
entity, legislative
campaign fund, or political party for the | 2853 |
applicable reporting
period as specified in division
(A) of | 2854 |
section 3517.10 of the
Revised
Code exceeds ten thousand
dollars. | 2855 |
Within five business days after a statement filed by a | 2856 |
political action
committee or a political contributing entity | 2857 |
described in division
(B)(2) of this section, a legislative | 2858 |
campaign fund, or a state
political party is received by the | 2859 |
secretary of state by electronic or other
means of transmission, | 2860 |
the secretary of state shall make available online to
the public | 2861 |
through the internet, as provided in division (I) of this section, | 2862 |
the contribution and expenditure information in
that statement. | 2863 |
If a statement filed by electronic means of transmission
is | 2864 |
found to be incomplete or inaccurate after the
examination of the | 2865 |
statement for completeness and accuracy
pursuant to division | 2866 |
(B)(3)(a) of
section 3517.11 of the Revised
Code, the political | 2867 |
action
committee, political contributing entity, legislative | 2868 |
campaign
fund, or state political party shall file by electronic | 2869 |
means of transmission
any addendum to the
statement that provides | 2870 |
the information necessary to complete or
correct the statement or, | 2871 |
if required by the secretary of state under that
division, an | 2872 |
amended statement. | 2873 |
Within five business days after the secretary of state | 2874 |
receives from a
political action committee or a political | 2875 |
contributing entity described in division (B)(2) of this section, | 2876 |
a
legislative campaign fund, or a state political party an | 2877 |
addendum to the statement or an amended statement by electronic or | 2878 |
other means
of transmission under this
division or division | 2879 |
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of | 2880 |
state
shall make the contribution and expenditure information in | 2881 |
the addendum or
amended statement available
online to the public | 2882 |
through the
internet as provided in division (I) of this section. | 2883 |
(F)(1) Subject to division (F)(4) of this section and | 2884 |
subject to the secretary of
state having implemented, tested, and | 2885 |
verified the successful operation of any
system the secretary of | 2886 |
state prescribes pursuant to division (H)(1)
of this section and | 2887 |
divisions (C)(6)(b) and
(D)(6) of section 3517.10 of the Revised | 2888 |
Code for the filing of campaign
finance statements by electronic | 2889 |
means of transmission or on computer disk,
on
and after January
1, | 2890 |
2001, a campaign committee of a
candidate for the office of member | 2891 |
of the general assembly may
file the statements prescribed by | 2892 |
section 3517.10 of the
Revised
Code by electronic means of | 2893 |
transmission to the office of the secretary of state or, | 2894 |
until January March 1, 20032004, on computer disk with
the | 2895 |
appropriate board
of elections specified in division (A)(2) of | 2896 |
section 3517.11 of
the Revised Code. | 2897 |
Except as otherwise provided in this division, within five | 2898 |
business days
after a statement filed by a campaign committee of a | 2899 |
candidate for the office
of member of the general assembly is | 2900 |
received by the secretary of state by
electronic or other means of | 2901 |
transmission,
the secretary of state shall make available online | 2902 |
to the public
through the internet, as provided in division (I) of | 2903 |
this section,
the contribution and expenditure information in
that | 2904 |
statement. The secretary
of state shall not make available online | 2905 |
to the public through the
internet any contribution or expenditure | 2906 |
information contained in a
statement for any candidate until the | 2907 |
secretary of state is able to make
available online to the public | 2908 |
through the internet the
contribution and expenditure information | 2909 |
for all candidates for a
particular office. As soon as the | 2910 |
secretary of state has
available all of that information, the | 2911 |
secretary of state shall
simultaneously make available online to | 2912 |
the public through the
internet the information for all candidates | 2913 |
for a particular
office. | 2914 |
If a statement filed by electronic means of transmission or | 2915 |
on computer
disk
is found to be
incomplete or inaccurate after the | 2916 |
examination of the statement
for completeness and accuracy | 2917 |
pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised | 2918 |
Code, the campaign committee
shall file by electronic means of | 2919 |
transmission to the office of the secretary
of state, or, until | 2920 |
JanuaryMarch 1,
20032004, on computer disk with the
appropriate | 2921 |
board
of elections if the
original statement was filed on computer | 2922 |
disk,
any addendum to the statement
that provides the
information | 2923 |
necessary to complete or correct the statement or, if required by | 2924 |
the secretary of state under that division, an amended statement. | 2925 |
(2) Until
JanuaryMarch 1,
20032004, if a campaign committee | 2935 |
of a
candidate for the office of member of the general assembly | 2936 |
files
a
statement of contributions and expenditures, an addendum | 2937 |
to
the
statement, or an amended statement by electronic means of | 2938 |
transmission or
on computer disk pursuant to division
(F)(1) of | 2939 |
this section, the campaign committee shall
file as prescribed by | 2940 |
section 3517.10 of the Revised Code with the appropriate
board of | 2941 |
elections specified in division
(A)(2) of section 3517.11 of the | 2942 |
Revised
Code a printed version of the
statement, addendum, or | 2943 |
amended statement filed by electronic means of
transmission or on | 2944 |
computer disk, in the format
that the secretary of state shall | 2945 |
prescribe.
If a statement,
addendum, or amended statement is not | 2946 |
filed by electronic means of
transmission or on computer disk but | 2947 |
is filed by printed version
only, the campaign committee shall | 2948 |
file two copies of the printed
version of the statement, addendum, | 2949 |
or amended statement with the
appropriate board of elections. The | 2950 |
board of elections shall send
one of those copies by overnight | 2951 |
delivery service to the secretary
of state before the close of | 2952 |
business on the day the board of
elections receives the statement, | 2953 |
addendum, or amended statement. | 2954 |
(3)(a) Subject to division (F)(4) of this section and | 2955 |
subject to the secretary of state having implemented,
tested, and | 2956 |
verified the successful operation of any system the secretary of | 2957 |
state prescribes pursuant
to division (H)(1) of this section and | 2958 |
divisions
(C)(6)(b) and
(D)(6) of section 3517.10 of the
Revised | 2959 |
Code for the filing of campaign
finance statements by electronic | 2960 |
means of transmission or on computer disk,
on
and after January 1, | 2961 |
2001, the secretary of
state shall assess, and a campaign | 2962 |
committee of a candidate for the office of
member of the general | 2963 |
assembly shall pay, a fee
as provided in this
division if the | 2964 |
campaign committee has not filed the campaign
finance statements | 2965 |
prescribed by section 3517.10 of the Revised
Code by electronic | 2966 |
means of transmission or on computer disk pursuant
to
division | 2967 |
(F)(1) of this section. The fee shall be calculated on
the total | 2968 |
contributions received for the applicable reporting period | 2969 |
specified in division (A) of section 3517.10 of the Revised
Code | 2970 |
as follows: | 2971 |
(4) Subject to the secretary of state having implemented, | 2996 |
tested, and verified the successful operation of any system the | 2997 |
secretary of state prescribes pursuant to division (H)(1) of this | 2998 |
section and divisions (C)(6)(b) and (D)(6) of
section 3517.10 of | 2999 |
the Revised Code for the filing of campaign finance
statements by | 3000 |
electronic means of transmission, on and after
JanuaryMarch
1, | 3001 |
20032004, a
campaign committee of a candidate for the office of | 3002 |
member
of the general
assembly shall file the statements | 3003 |
prescribed by
section 3517.10 of
the Revised Code by electronic | 3004 |
means of
transmission to the
secretary of state if the total | 3005 |
amount of the
contributions
received by the campaign committee for | 3006 |
the
applicable reporting
period as specified in division (A) of | 3007 |
section 3517.10 of the
Revised Code exceeds ten thousand dollars. | 3008 |
Except as otherwise provided in this division,
within five | 3009 |
business days after a statement filed by a campaign committee of a | 3010 |
candidate for the office of member of the general assembly is | 3011 |
received by the
secretary of state by electronic or other means of | 3012 |
transmission,
the secretary of state shall make available online | 3013 |
to the public through the
internet, as provided in division (I) of | 3014 |
this section, the
contribution and expenditure information in that | 3015 |
statement. The secretary
of state shall not make available online | 3016 |
to the public through the
internet any contribution or expenditure | 3017 |
information contained in a
statement for any candidate until the | 3018 |
secretary of state is able to make
available online to the public | 3019 |
through the internet the
contribution and expenditure information | 3020 |
for all candidates for a
particular office. As soon as the | 3021 |
secretary of state has
available all of that information, the | 3022 |
secretary of state shall
simultaneously make available online to | 3023 |
the public through the
internet the information for all candidates | 3024 |
for a particular
office. | 3025 |
If a statement filed by electronic means of transmission is | 3026 |
found
to be incomplete or inaccurate after the examination of the | 3027 |
statement for completeness and accuracy pursuant to division | 3028 |
(B)(3)(a) of section 3517.11 of the
Revised Code, the campaign | 3029 |
committee of a candidate for the
office of member of the general | 3030 |
assembly shall file by electronic means of
transmission any | 3031 |
addendum to the statement that provides the information
necessary | 3032 |
to complete or correct the statement or, if required by the | 3033 |
secretary of state under that division, an amended statement. | 3034 |
(G)(1) Subject to division (G)(2) of this section and | 3044 |
subject to the secretary of state having implemented, tested, and | 3045 |
verified the
successful operation of any system the secretary of | 3046 |
state prescribes pursuant
to division (H)(1) of this section and | 3047 |
divisions
(C)(6)(b) and (D)(6) of section 3517.10 of the Revised | 3048 |
Code
for the filing of campaign finance statements by electronic | 3049 |
means of
transmission,
on and after
January 1, 2001, any | 3050 |
individual, partnership, or
other entity that makes independent | 3051 |
expenditures in support of or
opposition to a statewide candidate | 3052 |
or a statewide ballot issue or
question as provided in division | 3053 |
(B)(2)(b) or
(C)(2)(b) of section
3517.105 of the Revised Code may | 3054 |
file the statement
specified in
that division by electronic means | 3055 |
of transmission. | 3056 |
If a statement filed by electronic means of transmission is | 3063 |
found to be
incomplete or inaccurate after the
examination of the | 3064 |
statement for completeness and accuracy
pursuant to division | 3065 |
(B)(3)(a) of section 3517.11 of
the Revised
Code, the individual, | 3066 |
partnership, or other entity shall file by electronic means of | 3067 |
transmission any addendum to the statement that provides the | 3068 |
information necessary to complete or correct the statement or, if | 3069 |
required by the secretary of state under that division, an amended | 3070 |
statement. | 3071 |
Within five business days after the secretary of state | 3072 |
receives from an
individual, partnership, or other entity | 3073 |
described in division
(B)(2)(b) or
(C)(2)(b) of section 3517.105 | 3074 |
of
the Revised Code an addendum to the statement or an
amended | 3075 |
statement by electronic or other means of transmission under this | 3076 |
division or division (B)(3)(a) of section 3517.11 of
the
Revised | 3077 |
Code, the secretary of
state shall make the expenditure | 3078 |
information in the addendum or amended
statement
available online | 3079 |
to the public through the internet as provided in
division (I) of | 3080 |
this section. | 3081 |
(2) Subject to the secretary of state having implemented, | 3082 |
tested, and
verified the successful operation of any system the | 3083 |
secretary of state
prescribes pursuant to division (H)(1) of this | 3084 |
section and divisions
(C)(6)(b) and (D)(6) of section 3517.10 of | 3085 |
the Revised Code
for the filing of campaign finance statements by | 3086 |
electronic means of
transmission,
on and after
January 1, 2002, | 3087 |
any individual, partnership, or
other entity that makes | 3088 |
independent
expenditures in support of or opposition to a | 3089 |
statewide
candidate or a statewide ballot issue or question as | 3090 |
provided in
division (B)(2)(b) or
(C)(2)(b) of section 3517.105 of | 3091 |
the
Revised Code shall file the statement
specified in that | 3092 |
division by electronic means of transmission if the total
amount | 3093 |
of the independent expenditures made during
the reporting period | 3094 |
under that division exceeds ten thousand dollars. | 3095 |
If a statement filed by electronic means of transmission is | 3102 |
found to be incomplete or inaccurate after the examination of
the | 3103 |
statement for completeness and accuracy pursuant to division | 3104 |
(B)(3)(a) of section 3517.11 of
the Revised
Code, the individual, | 3105 |
partnership, or other entity shall file by electronic means of | 3106 |
transmission
any addendum to the
statement that provides the | 3107 |
information necessary to complete or
correct the statement or, if | 3108 |
required by the secretary of state under that
division, an amended | 3109 |
statement. | 3110 |
Within five business days after
the secretary of state | 3111 |
receives from
an individual, partnership, or other entity | 3112 |
described in division
(B)(2)(b) or (C)(2)(b) of
section 3517.105 | 3113 |
of the Revised Code an addendum to the statement or an amended | 3114 |
statement by electronic or other means of transmission under this | 3115 |
division or
division (B)(3)(a) of section 3517.11 of the Revised | 3116 |
Code, the
secretary of state shall make the expenditure | 3117 |
information in the addendum
or amended statement available online | 3118 |
to the public
through the internet as provided in division (I) of | 3119 |
this section. | 3120 |
(H)(1) The secretary of
state, by rule adopted pursuant to | 3121 |
section 3517.23 of the
Revised
Code, shall prescribe one or
more | 3122 |
techniques by which a person who executes
and transmits by | 3123 |
electronic means a statement of contributions
and expenditures, a | 3124 |
statement of independent expenditures, an
addendum to either | 3125 |
statement, an amended statement of contributions and
expenditures, | 3126 |
or an amended statement of independent expenditures under this | 3127 |
section or section
3517.10 or 3517.105 of the Revised
Code shall | 3128 |
electronically sign
the statement, addendum, or amended statement. | 3129 |
Any technique prescribed by
the secretary of state pursuant to | 3130 |
this division shall create an electronic
signature that satisfies | 3131 |
all of the following: | 3132 |
(2) An electronic signature prescribed by the secretary of | 3142 |
state under
division
(H)(1) of this section shall be
attached to | 3143 |
or associated with the statement of contributions
and | 3144 |
expenditures, the statement of independent expenditures,
the | 3145 |
addendum to either statement, the amended statement of | 3146 |
contributions
and expenditures, or the amended statement of | 3147 |
independent expenditures
that is executed and
transmitted by | 3148 |
electronic means by the person to whom the
electronic signature is | 3149 |
attributed. The electronic signature
that is attached to or | 3150 |
associated with the statement, addendum, or amended
statement | 3151 |
under this division shall be binding on all persons and for all | 3152 |
purposes under the campaign finance reporting law as if the | 3153 |
signature had
been handwritten in ink on a printed form of the | 3154 |
statement,
addendum, or amended statement. | 3155 |
(K) It is an affirmative defense to a complaint or charge | 3195 |
brought against any campaign committee, political action | 3196 |
committee,
legislative campaign fund, political party, political | 3197 |
contributing entity, or
individual, partnership, or other entity | 3198 |
for the failure to file by electronic
means of transmission a | 3199 |
campaign finance
statement as required by this section or section | 3200 |
3517.10 or 3517.105 of the Revised Code that
all of the
following | 3201 |
apply to the campaign committee, political action committee, | 3202 |
legislative campaign fund, political party, political contributing | 3203 |
entity, or
individual, partnership, or other entity that failed to | 3204 |
file the required
statement: | 3205 |
(2) The campaign committee, political action committee, | 3211 |
legislative
campaign fund, political party, political contributing | 3212 |
entity, or individual,
partnership, or other entity was unable to | 3213 |
file by electronic means of
transmission due to an
expected or | 3214 |
unexpected shutdown of the whole or part of the electronic | 3215 |
campaign finance statement-filing system, such as for maintenance | 3216 |
or because
of hardware, software, or network connection failure. | 3217 |
Sec. 3517.11. (A)(1) Campaign committees of candidates
for | 3224 |
statewide offices or the state board of education, political | 3225 |
action committees or political contributing entities that make | 3226 |
contributions to campaign committees
of candidates that are | 3227 |
required to file the statements prescribed by section
3517.10 of | 3228 |
the Revised Code with the secretary of state,
political action | 3229 |
committees or political contributing entities that
make | 3230 |
contributions to campaign
committees of candidates for member of | 3231 |
the general assembly,
political action committees or political | 3232 |
contributing entities that
make contributions to state and | 3233 |
national political parties and to legislative campaign
funds, | 3234 |
political action committees or political contributing entities | 3235 |
that
receive contributions or make expenditures in connection with | 3236 |
a
statewide ballot issue, political action committees or political | 3237 |
contributing entities that make
contributions to other political | 3238 |
action committees or political
contributing entities, political | 3239 |
parties, and campaign committees, except as set forth in division | 3240 |
(A)(3) of this section, legislative campaign funds,
and state and | 3241 |
national political parties
shall file the statements prescribed by | 3242 |
section 3517.10 of the
Revised Code with the secretary of state. | 3243 |
A campaign committee of a candidate for office of member of | 3250 |
the
general assembly shall file two copies of the printed version | 3251 |
of
any statement, addendum, or amended statement if the committee | 3252 |
does not file by electronic means of transmission or on computer | 3253 |
disk pursuant to division (F)(1) of section 3517.106 of the | 3254 |
Revised Code but files by printed version only with
the | 3255 |
appropriate board of elections. The board of elections shall send | 3256 |
one of
those copies by overnight delivery service to the secretary | 3257 |
of state
before the close of business on the day the board of | 3258 |
elections
receives the statement, addendum, or amended statement. | 3259 |
(3) Political action committees or political contributing | 3260 |
entities
that only contribute to a
county political party, | 3261 |
contribute to campaign committees of
candidates whose nomination | 3262 |
or election is to be submitted only
to electors within a county, | 3263 |
subdivision, or district, excluding
candidates for member of the | 3264 |
general assembly, and receive
contributions or make expenditures | 3265 |
in connection with ballot
questions or issues to be submitted only | 3266 |
to electors within a
county, subdivision, or district shall file | 3267 |
the statements
prescribed by section 3517.10 of the Revised Code | 3268 |
with the board
of elections in that county or in the county | 3269 |
contained in whole
or part within the subdivision or district | 3270 |
having a population
greater than that of any other county | 3271 |
contained in whole or part
within that subdivision or district, as | 3272 |
the case may be. | 3273 |
(2) On or before the tenth day before the dates on which | 3284 |
statements are required to be filed by section 3517.10 of the | 3285 |
Revised Code, every candidate subject to the provisions of this | 3286 |
section and sections 3517.10 and
3517.106 of the Revised
Code | 3287 |
shall be notified
of the requirements and applicable penalties of | 3288 |
those sections.
The secretary of state, by certified mail, return | 3289 |
receipt
requested, shall
notify all candidates required to file | 3290 |
those statements with the secretary of state's office. The
board | 3291 |
of elections of every
county shall notify by first class mail any | 3292 |
candidate who has
personally appeared at the office of the board | 3293 |
on or before the
tenth day before the statements are required to | 3294 |
be
filed and signed a form,
to be provided by the secretary of | 3295 |
state, attesting that the
candidate has been notified of the | 3296 |
candidate's obligations
under the campaign
finance law. The board | 3297 |
shall forward the completed form to
the
secretary of state. The | 3298 |
board shall use certified mail,
return receipt requested, to | 3299 |
notify all other candidates required
to file those statements with | 3300 |
it. | 3301 |
(3)(a) Any statement required to be filed under sections | 3302 |
3517.081
to 3517.17 of the Revised Code that is found
to be | 3303 |
incomplete or inaccurate by the officer to whom it is submitted | 3304 |
shall be
accepted on a conditional basis, and the person who filed | 3305 |
it
shall be notified by certified mail as to the incomplete or | 3306 |
inaccurate nature of the statement. The secretary of state
may | 3307 |
examine statements filed for candidates for the office of
member | 3308 |
of the general assembly for completeness and accuracy.
On and | 3309 |
after
January 1, 2001, theThe secretary of state shall examine | 3310 |
for
completeness and accuracy statements that
campaign committees | 3311 |
of candidates for the office
of member of the general assembly | 3312 |
file by electronic means of transmission
pursuant to division (F) | 3313 |
of section 3517.106
of the Revised Code. If
an officer at the | 3314 |
board of elections where a statement filed for a candidate
for the | 3315 |
office of member of the general
assembly was submitted finds the | 3316 |
statement to be incomplete or
inaccurate, the officer shall | 3317 |
immediately notify the
secretary of state of
its incomplete or | 3318 |
inaccurate nature. If either an officer at the
board of elections | 3319 |
or the secretary of state finds a statement filed for a
candidate | 3320 |
for the office of member of the general
assembly to be incomplete | 3321 |
or inaccurate, only the
secretary of state shall send the | 3322 |
notification as to the incomplete or
inaccurate nature of the | 3323 |
statement. | 3324 |
Within twenty-one
days
after
receipt of the notice, in the | 3325 |
case of a
preelectionpre-election statement, a
postelection | 3326 |
statement, a monthly statement, or an annual statement
prescribed | 3327 |
by section 3517.10, an annual statement
prescribed by section | 3328 |
3517.101, or a statement
prescribed by
division (B)(2)(b) or | 3329 |
(C)(2)(b) of section 3517.105 or
section 3517.107 of the
Revised | 3330 |
Code,
the recipient shall file an addendum, amendment, or other | 3331 |
correction to the statement providing
the information necessary to | 3332 |
complete or correct the statement.
The secretary of state may | 3333 |
require that, in lieu of filing
an addendum, amendment, or other | 3334 |
correction to a statement that
is filed by electronic means of | 3335 |
transmission to the office of
the secretary of state or on | 3336 |
computer disk with the appropriate board of
elections pursuant to | 3337 |
section 3517.106 of the
Revised Code, the recipient of the
notice | 3338 |
described in this division file by electronic means of | 3339 |
transmission,
or, until
JanuaryMarch 1,
20032004, on computer | 3340 |
disk
with the appropriate
board of elections if the original | 3341 |
statement
was filed on computer disk, an amended statement that | 3342 |
incorporates
the information necessary
to complete or correct the | 3343 |
statement.
The secretary of state shall determine by rule when an | 3344 |
addendum,
amendment, or other correction to a
two-business-day | 3345 |
statement
prescribed by section 3517.10 of
the Revised Code or an | 3346 |
amended
two-business-day statement shall be
filed. An addendum, | 3347 |
amendment, or other
correction to a statement that is filed by | 3348 |
electronic means of transmission or
on computer disk pursuant to | 3349 |
section 3517.106 of the Revised Code shall be filed in the same | 3350 |
manner as the
statement. The provisions of sections 3517.10 and | 3351 |
3517.106 of the Revised Code pertaining to
the filing of | 3352 |
statements of contributions and expenditures and statements of | 3353 |
independent expenditures by electronic means of transmission or on | 3354 |
computer
disk apply to the filing of addenda, amendments, or other | 3355 |
corrections to those
statements by electronic means of | 3356 |
transmission or, until
JanuaryMarch 1,
20032004, on computer disk | 3357 |
and
the
filing of amended statements by electronic means of | 3358 |
transmission or, until
JanuaryMarch 1,
20032004, on
computer | 3359 |
disk. | 3360 |
(b) Within five business days after the secretary
of state | 3361 |
receives, by electronic or other means of transmission, an | 3362 |
addendum,
amendment, or other correction to a statement or an | 3363 |
amended statement under
division (B)(3)(a) of this section, the | 3364 |
secretary of
state, pursuant to divisions (E), (F), (G), and
(I) | 3365 |
of section 3517.106 of the Revised Code, shall make the | 3366 |
contribution and
expenditure information in that
addendum, | 3367 |
amendment, correction, or amended statement available online to | 3368 |
the
public through the internet. As used in this division, | 3369 |
"internet" has the
same
meaning as in section 3517.106 of the | 3370 |
Revised Code. | 3371 |
(C)(1) In the event of a failure to file or a late filing
of | 3386 |
a statement required to be filed under sections 3517.081 to | 3387 |
3517.17 of the Revised Code or if a filed statement or any | 3388 |
addendum to the statement, if an addendum is required to be
filed, | 3389 |
is incomplete or inaccurate or appears to disclose a failure to | 3390 |
comply with or a
violation of law, the official whose duty
it is | 3391 |
to examine the statement shall promptly file a complaint
with the | 3392 |
Ohio elections commission
under section 3517.153 of the Revised | 3393 |
Code if the law is one over which the
commission has
jurisdiction | 3394 |
to hear complaints, or the official
shall promptly report the | 3395 |
failure or violation to the board of elections and the board shall | 3396 |
promptly
report it to the prosecuting attorney in accordance with | 3397 |
division (J)
of section 3501.11 of the Revised Code. If the | 3398 |
official
files a complaint with the
commission, the commission | 3399 |
shall proceed in accordance with sections 3517.154
to 3517.157 of | 3400 |
the Revised Code. | 3401 |
(2) For purposes of division (C)(1) of this section, a | 3402 |
statement
or an addendum to a statement required to be
filed under | 3403 |
sections 3517.081 to 3517.17 of the
Revised
Code is incomplete or | 3404 |
inaccurate under this section if the statement or addendum fails | 3405 |
to disclose substantially all contributions that are received
from | 3406 |
a source and that are required to be reported under
sections | 3407 |
3517.10, 3517.107, and 3517.108 of the
Revised
Code or if the | 3408 |
statement or
addendum fails to disclose at least ninety per cent | 3409 |
of the total
contributions received or of the total expenditures | 3410 |
made during
the reporting period. | 3411 |
Sec. 3519.03. (A) The committee named in a initiative | 3418 |
petition may prepare the
argument or explanation, or both, in | 3419 |
favor of the measure proposed, and the
committee named in a | 3420 |
referendum petition may prepare the argument or
explanation, or | 3421 |
both, against any law,or section, or item of law. The persons | 3422 |
who
prepare the argument or explanation, or both, in opposition to | 3423 |
the
initiated proposal, or the argument or explanation, or both, | 3424 |
in
favor of the
measure to be referred shall be named by the | 3425 |
general
assembly, if
it is in session,
and if not in session, then | 3426 |
or by
the governor, if the general assembly is not in session. | 3427 |
Such
argument or explanation, or
both, shall not exceed three | 3428 |
hundred
words, and shall be filed with the
secretary of state at | 3429 |
least
seventy-five days prior to the date of the
election at which | 3430 |
the
measure is to be voted upon. | 3431 |
(B)(1) If the committee named in an initiative petition, the | 3432 |
committee named in a referendum petition, or other persons | 3433 |
designated under division (A) of this section fail to prepare and | 3434 |
file their arguments or explanations by the seventy-fifth day | 3435 |
before the date of the election, the secretary of state shall | 3436 |
notify the Ohio ballot board that those arguments or explanations | 3437 |
have not been so prepared and filed. The board then shall prepare | 3438 |
the
missing arguments or explanations or designate a group of | 3439 |
persons
to prepare those arguments or explanations. All arguments | 3440 |
or
explanations prepared under this division shall be filed with | 3441 |
the
secretary of state no later than seventy days before the date | 3442 |
of
the election. No argument or explanation shall exceed three | 3443 |
hundred words. | 3444 |
Section 2. That existing sections 107.08, 3501.01, 3501.38, | 3457 |
3501.39, 3505.03, 3505.061, 3505.062,
3505.063, 3513.04, 3513.041, | 3458 |
3513.05, 3513.23, 3513.251, 3513.253, 3513.254, 3513.255, | 3459 |
3513.257, 3513.259, 3513.261, 3513.30, 3513.31, 3517.02, 3517.03, | 3460 |
3517.10, 3517.106, 3517.11,
and 3519.03 of
the Revised Code are | 3461 |
hereby repealed. | 3462 |