REPRESENTATIVES Kearns, Trakas, Clancy, Buehrer, Fessler, Cates, Sulzer, Lendrum, Flowers, McGregor, Otterman, Distel, Coates, Hollister, Latell, Carano, Niehaus, Britton, Carmichael, Roman, Hagan, Sullivan, Hoops

To amend sections 3505.061, 3505.062 3505.063, and

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3519.03 of the Revised Code to require the Ohio

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Ballot Board or a group of persons designated by

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the Board to prepare and file arguments in support

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of or in opposition to each constitutional

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amendment proposed by the General Assembly, each

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constitutional amendment or law proposed by an

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initiative petition, and each law, section, or

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item of law subject to a referendum petition, if

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the persons designated to prepare those arguments

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fail to timely prepare and file them; to specify

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that the positions of the four appointed Board

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members must be considered vacant if the Board

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fails to have the missing arguments prepared and

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filed; and to require the Board to certify ballot

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language and explanations to the Secretary of

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State at least 80 days prior to an election.

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

Section 1. That sections 3505.061, 3505.062, 3505.063, and	18
3519.03 of the Revised Code be amended to read as follows:	19

Sec. 3505.061.  (A) The Ohio ballot board, as authorized by	20
Section 1 of Article XVI, Ohio Constitution, shall consist of the	21
secretary of state and four appointed members. No more than two	22
of the appointed members shall be of the same political party. One	23
of the members shall be appointed by the president of the senate,	24
one shall be appointed by the minortyminority leader of the	25
senate, one shall be appointed by the speaker of the house of	26
representatives, and one shall be appointed by the minority leader	27
of the house of representatives. The appointments shall be made	28
no later than the last Monday in January in the year in which the	29
appointments are to be made. If any appointment is not so made,	30
the secretary of state, acting in place of the person otherwise	31
required to make the appointment, shall appoint as many qualified	32
members affiliated with the appropriate political party as are	33
necessary.	34

(B) The initial appointees to the board shall serve until	35
the first Monday in February, 1977. Thereafter, terms of office	36
shall be for four years, each term ending on the first Monday in	37
February. The term of the secretary of state on the board shall	38
coincide with histhe secretary of state's term of office as	39
secretary of state. EachExcept as otherwise provided in division	40
(B)(2) of section 3505.063 and division (B)(2) of section 3519.03	41
of the Revised Code, each appointed member of the board shall hold	42
office from the date of his appointment until the end of the term	43
for which he was appointed. AnyExcept as otherwise provided in	44
those divisions, any member appointed to fill a vacancy occurring	45
prior to the expiration of the term for which histhe member's	46
predecessor was appointed shall hold office for the remainder of	47
suchthat term. AnyExcept as otherwise provided in those	48
divisions, any member shall continue in office subsequent to the	49
expiration date of histhe member's term until histhe member's	50
successor takes office, or until a period of sixty days has	51
elapsed, whichever occurs first. Any vacancy occurring on the	52
board shall be filled in the manner provided for original	53
appointments. A member appointed to fill a vacancy shall be of	54
the same political party as that required of the member whom he	55
the member replaces.	56

(C) Members of the board shall serve without compensation	57
but shall be reimbursed for expenses actually and necessarily	58
incurred in the performance of their duties.	59

(D) The secretary of state shall be the chairmanchairperson	60
of the board, and hethe secretary of state or histhe secretary	61
of state's representative shall have a vote equal to that of any	62
other member. The vice-chairmanvice-chairperson shall act as	63
chairmanchairperson in the absence or disability of the chairman	64
chairperson, or during a vacancy in that office. The board shall	65
meet after notice of at least seven days at a time and place	66
determined by the chairmanchairperson. At its first meeting, the	67
board shall elect a vice-chairmanvice-chairperson from among its	68
members for a term of two years, and it shall adopt rules for its	69
procedures. After the first meeting, the board shall meet at the	70
call of the chairmanchairperson or upon the written request of	71
three other members. Three members constitute a quorum. No	72
action shall be taken without the concurrence of three members.	73

(E) The secretary of state shall provide such technical,	74
professional, and clerical employees as are necessary for the	75
board to carry out its duties.	76

Sec. 3505.062.  The Ohio ballot board shall do all of the	77
following:	78

(A) Prescribe the ballot language for constitutional	79
amendments proposed by the general assembly to be printed on the	80
questions and issues ballot, which language shall properly	81
identify the substance of the proposal to be voted upon.;	82

(B) Prepare an explanation of each constitutional amendment	83
proposed by the general assembly, which explanation may include	84
the purpose and effects of the proposed amendment.;	85

(C) Certify the ballot language and explanation, if any, to	86
the secretary of state no later than seventy-fiveeighty days	87
before the election at which the proposed question or issue is to	88
be submitted to the voters.;	89

(D) Prepare, or designate a group of persons to prepare,	90
arguments in support of or in opposition to a constitutional	91
amendment proposed by a resolution of the general assembly, a	92
constitutional amendment or law proposed by initiative petition,	93
or a law, section, or item of law subject to a referendum	94
petition, if the persons otherwise responsible for the preparation	95
of those arguments fail to timely prepare and file them;	96

(E) Direct the means by which the secretary of state shall	97
disseminate information concerning proposed constitutional	98
amendments to the voters.;	99

(E)(F) Direct the chairmanchairperson to reimburse county	100
boards of elections for public notice costs associated with	101
statewide ballot issues, to the extent that the general assembly	102
appropriates money for suchthat purpose.	103

Sec. 3505.063.  (A) When the general assembly adopts a	104
resolution proposing a constitutional amendment, it may, by	105
resolution, designate a group of members who voted in support of	106
the resolution to prepare arguments for the proposed amendment,	107
and a group of members who voted in opposition to the resolution	108
to prepare arguments against the proposed amendment. If no	109
members voted in opposition to the resolution, or if the general	110
assembly chooses not to designate a group of members to prepare	111
arguments for the proposed amendment or chooses not to designate a	112
group of members to prepare arguments against the proposed	113
amendment, the Ohio ballot board mayshall prepare the relevant	114
arguments or designate a group of persons to prepare the	115
relevant arguments. All arguments prepared under this division	116
shall be filed with the secretary of state no later than	117
seventy-five days before the date of the election. No argument	118
shall exceed three hundred words.	119

(B)(1) If the group of members of the general assembly or	120
other group of persons designated under division (A) of this	121
section fail to prepare and file their arguments in support of or	122
in opposition to the proposed amendment by the seventy-fifth day	123
before the date of the election, the secretary of state shall	124
notify the Ohio ballot board that those arguments have not been so	125
prepared and filed. The board then shall prepare the missing	126
arguments or designate a group of persons to prepare those	127
arguments. All arguments prepared under this division shall be	128
filed with the secretary of state no later than seventy days	129
before the date of the election. No argument shall exceed three	130
hundred words.	131

(2) If the Ohio ballot board fails to provide for the	132
preparation of missing arguments under division (B)(1) of this	133
section after being notified by the secretary of state that one or	134
more arguments have not been timely prepared and filed, the	135
positions of the four appointed members of the board shall be	136
considered vacant, and new members shall be appointed in the	137
manner provided for original appointments.	138

(C) The secretary of state shall disseminate information,	139
which may include part or all of the official explanation and	140
arguments concerning proposed amendments, by means of direct mail	141
or other written publication, broadcast, or such other means, or	142
combination of means, as the Ohio ballot board may direct, in	143
order to inform the voters as fully as possible concerning	144
proposed amendments.	145

Sec. 3519.03. (A) The committee named in a initiative	146
petition may prepare the argument or explanation, or both, in	147
favor of the measure proposed, and the committee named in a	148
referendum petition may prepare the argument or explanation, or	149
both, against any law, section, or item of law. The persons who	150
prepare the argument or explanation, or both, in opposition to the	151
initiated proposal, or the argument or explanation, or both, in	152
favor of the measure to be referred shall be named by the general	153
assembly, if it is in session, and if not in session, thenor by	154
the governor, if the general assembly is not in session. Such	155
argument or explanation, or both, shall not exceed three hundred	156
words, and shall be filed with the secretary of state at least	157
seventy-five days prior to the date of the election at which the	158
measure is to be voted upon.	159

(B)(1) If the committee named in an initiative petition, the	160
committee named in a referendum petition, or other persons	161
designated under division (A) of this section fail to prepare and	162
file their arguments or explanations by the seventy-fifth day	163
before the date of the election, the secretary of state shall	164
notify the Ohio ballot board that those arguments or explanations	165
have not been so prepared and filed. The board then shall prepare	166
the missing arguments or explanations or designate a group of	167
persons to prepare those arguments or explanations. All arguments	168
or explanations prepared under this division shall be filed with	169
the secretary of state no later than seventy days before the date	170
of the election. No argument or explanation shall exceed three	171
hundred words.	172

(2) If the Ohio ballot board fails to provide for the	173
preparation of missing arguments or explanations under division	174
(B)(1) of this section after being notified by the secretary of	175
state that one or more arguments or explanations have not been	176
timely prepared and filed, the positions of the four appointed	177
members of the board shall be considered vacant, and new members	178
shall be appointed in the manner provided for original	179
appointments.	180

Section 2. That existing sections 3505.061, 3505.062,	181
3505.063, and 3519.03 of the Revised Code are hereby repealed.	182