As Passed by the Senate

124th General Assembly
Regular Session
2001-2002
Sub. H. B. No. 445


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

SENATORS Spada, Harris



A BILL
To amend sections 107.08, 3501.01, 3501.38, 3501.39,1
3505.03, 3505.061, 3505.062, 3505.063, 3513.04,2
3513.041, 3513.05, 3513.23, 3513.251, 3513.253,3
3513.254, 3513.255, 3513.257, 3513.259, 3513.261,4
3513.30, 3513.31, 3517.02, 3517.03, and 3519.03 and5
to enact sections 3513.052 and 3599.09 of the6
Revised Code to require the Ohio Ballot Board or a7
group of persons designated by the Board to prepare8
and file arguments in support of or in opposition9
to each constitutional amendment proposed by the10
General Assembly, each constitutional amendment or11
state law proposed by an initiative petition, and12
each state law, or section or item of state law,13
subject to a referendum petition, if the persons14
designated to prepare those arguments fail to15
timely prepare and file them; to specify that the16
positions of the four appointed Board members must17
be considered vacant if the Board fails to have the18
missing arguments prepared and filed; to require19
the Board to certify ballot language and20
explanations to the Secretary of State at least 8021
days prior to an election; to specify that an22
election to fill an unexpired term of certain23
judicial offices must be held at the first general24
election for the office that occurs more than 4025
days after the governor's appointment to fill the26
vacant office; to include members of a board of27
elections in the definition of an "election28
official" for purposes of statutes relating to29
elections and political communications; to prohibit30
a petition from being withdrawn after it is filed31
in a public office; to require the designation of32
"Independent" to be printed on a ballot under the33
name of each nonjudicial candidate who files a34
nominating petition and requests that designation;35
to specify that no person may seek to be a36
candidate for two or more specified offices that37
will be voted on at the same election; to require a38
board of elections or the Secretary of State to39
reject any declaration of candidacy, declaration of40
intent to be a write-in candidate, or a nominating41
petition filed by a person who is a candidate for a42
specified office at the same election; to require a43
board of elections or the Secretary of State to44
disqualify any such candidate based on certain45
criteria; and to remove the requirement that a46
write-in candidate for the position of47
committeeperson of a political party controlling48
committee receive the same number of votes as49
petition signatures necessary to qualify the person50
for the printing of the person's name on the ballot51
in order to win an election by receiving the52
greatest number of votes cast for the position.53


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

       Section 1. That sections 107.08, 3501.01, 3501.38, 3501.39,54
3505.03, 3505.061, 3505.062, 3505.063, 3513.04, 3513.041, 3513.05,55
3513.23, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257,56
3513.259, 3513.261, 3513.30, 3513.31, 3517.02, 3517.03, and57
3519.03 be amended and sections 3513.052 and 3599.09 of the58
Revised Code be enacted to read as follows:59

       Sec. 107.08.  The office of a judge is vacant at the60
expiration of the term of the incumbent when no person has been61
elected as histhe judge's successor. SuchThe vacancy shall be62
filled by appointment by the governor. If the appointment is to a63
court of appeals, court of common pleas, or municipal court, the64
clerk of the court shall give written notice to the board of65
elections responsible for conducting elections for that court of66
the name of the appointee. A successor shall be elected for the67
unexpired term at the first general election for the office that68
occurs more than thirtyforty days after suchthe appointment.69

       Sec. 3501.01.  As used in the sections of the Revised Code70
relating to elections and political communications:71

       (A) "General election" means the election held on the first72
Tuesday after the first Monday in each November.73

       (B) "Regular municipal election" means the election held on74
the first Tuesday after the first Monday in November in each75
odd-numbered year.76

       (C) "Regular state election" means the election held on the77
first Tuesday after the first Monday in November in each78
even-numbered year.79

       (D) "Special election" means any election other than those80
elections defined in other divisions of this section. A special81
election may be held only on the first Tuesday after the first82
Monday in February, May, August, or November, or on the day83
authorized by a particular municipal or county charter for the84
holding of a primary election, except that in any year in which a85
presidential primary election is held, no special election shall86
be held in February or May, except as authorized by a municipal or87
county charter, but may be held on the first Tuesday after the88
first Monday in March.89

       (E)(1) "Primary" or "primary election" means an election90
held for the purpose of nominating persons as candidates of91
political parties for election to offices, and for the purpose of92
electing persons as members of the controlling committees of93
political parties and as delegates and alternates to the94
conventions of political parties. Primary elections shall be held95
on the first Tuesday after the first Monday in May of each year96
except in years in which a presidential primary election is held.97

       (2) "Presidential primary election" means a primary election98
as defined by division (E)(1) of this section at which an election99
is held for the purpose of choosing delegates and alternates to100
the national conventions of the major political parties pursuant101
to section 3513.12 of the Revised Code. Unless otherwise102
specified, presidential primary elections are included in103
references to primary elections. In years in which a presidential104
primary election is held, all primary elections shall be held on105
the first Tuesday after the first Monday in March except as106
otherwise authorized by a municipal or county charter.107

       (F) "Political party" means any group of voters meeting the108
requirements set forth in section 3517.01 of the Revised Code for109
the formation and existence of a political party.110

       (1) "Major political party" means any political party111
organized under the laws of this state whose candidate for112
governor or nominees for presidential electors received no less113
than twenty per cent of the total vote cast for such office at the114
most recent regular state election.115

       (2) "Intermediate political party" means any political party116
organized under the laws of this state whose candidate for117
governor or nominees for presidential electors received less than118
twenty per cent but not less than ten per cent of the total vote119
cast for such office at the most recent regular state election.120

       (3) "Minor political party" means any political party121
organized under the laws of this state whose candidate for122
governor or nominees for presidential electors received less than123
ten per cent but not less than five per cent of the total vote124
cast for such office at the most recent regular state election or125
which has filed with the secretary of state, subsequent to any126
election in which it received less than five per cent of such127
vote, a petition signed by qualified electors equal in number to128
at least one per cent of the total vote cast for such office in129
the last preceding regular state election, except that a newly130
formed political party shall be known as a minor political party131
until the time of the first election for governor or president132
which occurs not less than twelve months subsequent to the133
formation of such party, after which election the status of such134
party shall be determined by the vote for the office of governor135
or president.136

       (G) "Dominant party in a precinct" or "dominant political137
party in a precinct" means that political party whose candidate138
for election to the office of governor at the most recent regular139
state election at which a governor was elected received more votes140
than any other person received for election to that office in such141
precinct at such election.142

       (H) "Candidate" means any qualified person certified in143
accordance with the provisions of the Revised Code for placement144
on the official ballot of a primary, general, or special election145
to be held in this state, or any qualified person who claims to be146
a write-in candidate, or who knowingly assents to being147
represented as a write-in candidate by another at either a148
primary, general, or special election to be held in this state.149

       (I) "Independent candidate" means any candidate who claims150
not to be affiliated with a political party, and whose name has151
been certified on the office-type ballot at a general or special152
election through the filing of a statement of candidacy and153
nominating petition, as prescribed in section 3513.257 of the154
Revised Code.155

       (J) "Nonpartisan candidate" means any candidate whose name156
is required, pursuant to section 3505.04 of the Revised Code, to157
be listed on the nonpartisan ballot, including all candidates for158
judicial office, for member of any board of education, for159
municipal or township offices in which primary elections are not160
held for nominating candidates by political parties, and for161
offices of municipal corporations having charters that provide for162
separate ballots for elections for these offices.163

       (K) "Party candidate" means any candidate who claims to be a164
member of a political party, whose name has been certified on the165
office-type ballot at a general or special election through the166
filing of a declaration of candidacy and petition of candidate,167
and who has won the primary election of the candidate's party for168
the public office the candidate seeks or is selected by party169
committee in accordance with section 3513.31 of the Revised Code.170

       (L) "Officer of a political party" includes, but is not171
limited to, any member, elected or appointed, of a controlling172
committee, whether representing the territory of the state, a173
district therein, a county, township, a city, a ward, a precinct,174
or other territory, of a major, intermediate, or minor political175
party.176

       (M) "Question or issue" means any question or issue177
certified in accordance with the Revised Code for placement on an178
official ballot at a general or special election to be held in179
this state.180

       (N) "Elector" or "qualified elector" means a person having181
the qualifications provided by law to be entitled to vote.182

       (O) "Voter" means an elector who votes at an election.183

       (P) "Voting residence" means that place of residence of an184
elector which shall determine the precinct in which the elector185
may vote.186

       (Q) "Precinct" means a district within a county established187
by the board of elections of such county within which all188
qualified electors having a voting residence therein may vote at189
the same polling place.190

       (R) "Polling place" means that place provided for each191
precinct at which the electors having a voting residence in such192
precinct may vote.193

       (S) "Board" or "board of elections" means the board of194
elections appointed in a county pursuant to section 3501.06 of the195
Revised Code.196

       (T) "Political subdivision" means "a county,""township,"197
"city,""village," or "school district."198

       (U) "Election officer" or "election official" means any of199
the following:200

       (1) Secretary of state;201

       (2) Employees of the secretary of state serving in the202
division of elections in the capacity of attorney, administrative203
officer, administrative assistant, elections administrator, office204
manager, or clerical supervisor;205

       (3) Director of a board of elections;206

       (4) Deputy director of a board of elections;207

       (5) Member of a board of elections;208

       (6) Employees of a board of elections;209

       (6)(7) Precinct polling place judges and clerks;210

       (7)(8) Employees appointed by the boards of elections on a211
temporary or part-time basis.212

       (V) "Acknowledgment notice" means a notice sent by a board213
of elections, on a form prescribed by the secretary of state,214
informing a voter registration applicant or an applicant who215
wishes to change the applicant's residence or name of the status216
of the application; the information necessary to complete or217
update the application, if any; and if the application is218
complete, the precinct in which the applicant is to vote.219

       (W) "Confirmation notice" means a notice sent by a board of220
elections, on a form prescribed by the secretary of state, to a221
registered elector to confirm the registered elector's current222
address.223

       (X) "Designated agency" means an office or agency in the224
state that provides public assistance or that provides225
state-funded programs primarily engaged in providing services to226
persons with disabilities and that is required by the National227
Voter Registration Act of 1993 to implement a program designed and228
administered by the secretary of state for registering voters, or229
any other public or government office or agency that implements a230
program designed and administered by the secretary of state for231
registering voters, including the department of job and family232
services, the program administered under section 3701.132 of the233
Revised Code by the department of health, the department of mental234
health, the department of mental retardation and developmental235
disabilities, the rehabilitation services commission, and any236
other agency the secretary of state designates. "Designated237
agency" does not include public high schools and vocational238
schools, public libraries, or the office of a county treasurer.239

       (Y) "National Voter Registration Act of 1993" means the240
"National Voter Registration Act of 1993," 107 Stat. 77, 42241
U.S.C.A. 1973gg.242

       (Z) "Voting Rights Act of 1965" means the "Voting Rights Act243
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.244

       Sec. 3501.38.  All declarations of candidacy, nominating245
petitions, or other petitions presented to or filed with the246
secretary of state or a board of elections or with any other247
public office for the purpose of becoming a candidate for any248
nomination or office or for the holding of an election on any249
issue shall, in addition to meeting the other specific250
requirements prescribed in the sections of the Revised Code251
relating to them, be governed by the following rules:252

       (A) Only electors qualified to vote on the candidacy or253
issue which is the subject of the petition shall sign a petition.254
Each signer shall be a registered elector pursuant to section255
3503.11 of the Revised Code. The facts of qualification shall be256
determined as of the date when the petition is filed.257

       (B) Signatures shall be affixed in ink. Each signer may258
also print the signer's name, so as to clearly identify the259
signer's signature.260

       (C) Each signer shall place on the petition after the261
signer's name the date of signing and the location of the262
signer's voting residence, including the street and number if in a263
municipal corporation or the rural route number, post office264
address, or township if outside a municipal corporation. The265
voting address given on the petition shall be the address266
appearing in the registration records at the board of elections.267

       (D) No person shall write any name other than the person's268
own on any petition. No person may authorize another to sign for 269
the person. Where a petition contains the signature of an elector270
two or more times, only the first signature shall be counted.271

       (E) On each petition paper, the circulator shall indicate272
the number of signatures contained on it, and shall sign a273
statement made under penalty of election falsification that the274
circulator witnessed the affixing of every signature, that all275
signers were to the best of the circulator's knowledge and belief276
qualified to sign, and that every signature is to the best of the277
circulator's knowledge and belief the signature of the person278
whose signature it purports to be.279

       (F) If a circulator knowingly permits an unqualified person280
to sign a petition paper or permits a person to write a name other281
than the person's own on a petition paper, that petition paper is282
invalid; otherwise, the signature of a person not qualified to283
sign shall be rejected but shall not invalidate the other valid284
signatures on the paper.285

       (G) The circulator of a petition may, before filing it in a286
public office, strike from it any signature the circulator does287
not wish to present as a part of the petition.288

       (H) Any signer of a petition may remove the signer's289
signature from that petition at any time before the petition is290
filed in a public office by striking the signer's name from the291
petition; no signature may be removed after the petition is filed292
in any public office.293

       (I)(1) No alterations, corrections, or additions may be made294
to a petition after it is filed in a public office.295

       (2) No petition may be withdrawn after it is filed in a296
public office. Nothing in this division prohibits a person from297
withdrawing as a candidate as otherwise provided by law.298

       (J) All declarations of candidacy, nominating petitions, or299
other petitions under this section shall be accompanied by the300
following statement in boldface capital letters: WHOEVER COMMITS301
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.302

       (K) All separate petition papers shall be filed at the same303
time, as one instrument.304

       Sec. 3501.39.  (A) The secretary of state or a board of305
elections shall accept any petition described in section 3501.38306
of the Revised Code unless one of the following occurs:307

       (1) A written protest against the petition or candidacy,308
naming specific objections, is filed, a hearing is held, and a309
determination is made by the election officials with whom the310
protest is filed that the petition is invalid, in accordance with311
any section of the Revised Code providing a protest procedure.312

       (2) A written protest against the petition or candidacy,313
naming specific objections, is filed, a hearing is held, and a314
determination is made by the election officials with whom the315
protest is filed that the petition violates any requirement316
established by law.317

       (3) The candidate's candidacy or the petition violates the318
requirements of this chapter, Chapter 3513. of the Revised Code,319
or any other requirements established by law.320

       (B) AExcept as otherwise provided in section 3513.052 of the321
Revised Code, a board of elections shall not invalidate any322
declaration of candidacy or nominating petition under division323
(A)(3) of this section after the fiftieth day prior to the324
election at which the candidate seeks nomination to office, if the325
candidate filed a declaration of candidacy, or election to office,326
if the candidate filed a nominating petition.327

       Sec. 3505.03.  On the office type ballot shall be printed the328
names of all candidates for election to offices, except judicial329
offices, who were nominated at the most recent primary election as330
candidates of a political party or who were nominated in331
accordance with section 3513.02 of the Revised Code, and the names332
of all candidates for election to offices who were nominated by333
nominating petitions, except candidates for judicial offices, for334
member of the state board of education, for member of a board of335
education, for municipal offices, and for township offices.336

       The face of suchthe ballot below the stub shall be337
substantially in the following form:338

"
OFFICIAL OFFICE TYPE BALLOT
339

       (A) To vote for a candidate record your vote in the manner340
provided next to the name of such candidate.341

       (B) If you tear, soil, deface, or erroneously mark this342
ballot, return it to the precinct election officers or, if you343
cannot return it, notify the precinct election officers, and344
obtain another ballot."345

       The order in which the offices shall be listed on the ballot346
shall be prescribed by, and certified to each board of elections347
by, the secretary of state; provided that for state, district, and348
county offices the order from top to bottom shall be as follows:349
governor and lieutenant governor, attorney general, auditor of350
state, secretary of state, treasurer of state, United States351
senator, representative to congress, state senator, state352
representative, county commissioner, county auditor, prosecuting353
attorney, clerk of the court of common pleas, sheriff, county354
recorder, county treasurer, county engineer, and coroner. The355
offices of governor and lieutenant governor shall be printed on356
the ballot in a manner that requires a voter to cast one vote357
jointly for the candidates who have been nominated by the same358
political party or petition.359

       The names of all candidates for an office shall be arranged360
in a group under the title of that office, and, except for361
absentee ballots or when the number of candidates for a particular362
office is the same as the number of candidates to be elected for363
that office, shall be rotated from one precinct to another. On364
absentee ballots, the names of all candidates for an office shall365
be arranged in a group under the title of that office and shall be366
so alternated that each name shall appear, insofar as may be367
reasonably possible, substantially an equal number of times at the368
beginning, at the end, and in each intermediate place, if any, of369
the group in which such name belongs, unless the number of370
candidates for a particular office is the same as the number of371
candidates to be elected for that office.372

       The method of printing the ballots to meet the rotation373
requirement of this section shall be as follows: Thethe least374
common multiple of the number of names in each of the several375
groups of candidates shall be used, and the number of changes made376
in the printer's forms in printing suchthe ballots shall377
correspond with suchthat multiple. The board of elections shall378
number all precincts in regular serial sequence. In the first379
precinct, the names of the candidates in each group shall be380
listed in alphabetical order. In each succeeding precinct, the381
name in each group whichthat is listed first in the preceding382
precinct shall be listed last, and the name of each candidate383
shall be moved up one place. In each precinct using paper384
ballots, the printed ballots shall then be assembled in tablets.385

       Under the name of each candidate nominated at a primary386
election and each candidate certified by a party committee to fill387
a vacancy under section 3513.31 of the Revised Code shall be388
printed, in less prominent type face than that in which the389
candidate's name is printed, the name of the political party by390
which the candidate was nominated or certified. Under the name of391
each nonjudicial candidate appearing on the ballot who filed a392
nominating petition and requested a ballot designation under393
section 3513.257 of the Revised Code shall be printed, in less394
prominent type face than that in which the candidate's name is395
printed, the designation of "independent."396

       Except as provided in this section, no words, designations,397
or emblems descriptive of a candidate or histhe candidate's398
political affiliation, or indicative of the method by which the399
candidate was nominated or certified, shall be printed under or400
after a candidate's name whichthat is printed on the ballot.401

       Sec. 3505.061.  (A) The Ohio ballot board, as authorized by402
Section 1 of Article XVI, Ohio Constitution, shall consist of the403
secretary of state and four appointed members. No more than two404
of the appointed members shall be of the same political party. One405
of the members shall be appointed by the president of the senate,406
one shall be appointed by the minortyminority leader of the407
senate, one shall be appointed by the speaker of the house of408
representatives, and one shall be appointed by the minority leader409
of the house of representatives. The appointments shall be made410
no later than the last Monday in January in the year in which the411
appointments are to be made. If any appointment is not so made,412
the secretary of state, acting in place of the person otherwise413
required to make the appointment, shall appoint as many qualified414
members affiliated with the appropriate political party as are415
necessary.416

       (B) The initial appointees to the board shall serve until417
the first Monday in February, 1977. Thereafter, terms of office418
shall be for four years, each term ending on the first Monday in419
February. The term of the secretary of state on the board shall420
coincide with histhe secretary of state's term of office as421
secretary of state. EachExcept as otherwise provided in division422
(B)(2) of section 3505.063 and division (B)(2) of section 3519.03423
of the Revised Code, each appointed member of the board shall hold424
office from the date of his appointment until the end of the term425
for which he was appointed. AnyExcept as otherwise provided in426
those divisions, any member appointed to fill a vacancy occurring427
prior to the expiration of the term for which histhe member's428
predecessor was appointed shall hold office for the remainder of429
suchthat term. AnyExcept as otherwise provided in those430
divisions, any member shall continue in office subsequent to the431
expiration date of histhe member's term until histhe member's432
successor takes office, or until a period of sixty days has433
elapsed, whichever occurs first. Any vacancy occurring on the434
board shall be filled in the manner provided for original435
appointments. A member appointed to fill a vacancy shall be of436
the same political party as that required of the member whom he437
the member replaces.438

       (C) Members of the board shall serve without compensation439
but shall be reimbursed for expenses actually and necessarily440
incurred in the performance of their duties.441

       (D) The secretary of state shall be the chairmanchairperson442
of the board, and hethe secretary of state or histhe secretary443
of state's representative shall have a vote equal to that of any444
other member. The vice-chairmanvice-chairperson shall act as445
chairmanchairperson in the absence or disability of the chairman446
chairperson, or during a vacancy in that office. The board shall447
meet after notice of at least seven days at a time and place448
determined by the chairmanchairperson. At its first meeting, the449
board shall elect a vice-chairmanvice-chairperson from among its450
members for a term of two years, and it shall adopt rules for its451
procedures. After the first meeting, the board shall meet at the452
call of the chairmanchairperson or upon the written request of453
three other members. Three members constitute a quorum. No454
action shall be taken without the concurrence of three members.455

       (E) The secretary of state shall provide such technical,456
professional, and clerical employees as are necessary for the457
board to carry out its duties.458

       Sec. 3505.062.  The Ohio ballot board shall do all of the459
following:460

       (A) Prescribe the ballot language for constitutional461
amendments proposed by the general assembly to be printed on the462
questions and issues ballot, which language shall properly463
identify the substance of the proposal to be voted upon.;464

       (B) Prepare an explanation of each constitutional amendment465
proposed by the general assembly, which explanation may include466
the purpose and effects of the proposed amendment.;467

       (C) Certify the ballot language and explanation, if any, to468
the secretary of state no later than seventy-fiveeighty days469
before the election at which the proposed question or issue is to470
be submitted to the voters.;471

       (D) Prepare, or designate a group of persons to prepare,472
arguments in support of or in opposition to a constitutional473
amendment proposed by a resolution of the general assembly, a474
constitutional amendment or state law proposed by initiative475
petition, or a state law, or section or item of state law, subject476
to a referendum petition, if the persons otherwise responsible for477
the preparation of those arguments fail to timely prepare and file478
them;479

       (E) Direct the means by which the secretary of state shall480
disseminate information concerning proposed constitutional481
amendments to the voters.;482

       (E)(F) Direct the chairmanchairperson to reimburse county483
boards of elections for public notice costs associated with484
statewide ballot issues, to the extent that the general assembly485
appropriates money for suchthat purpose.486

       Sec. 3505.063.  (A) When the general assembly adopts a487
resolution proposing a constitutional amendment, it may, by488
resolution, designate a group of members who voted in support of489
the resolution to prepare arguments for the proposed amendment,490
and a group of members who voted in opposition to the resolution491
to prepare arguments against the proposed amendment. If no492
members voted in opposition to the resolution, or if the general493
assembly chooses not to designate a group of members to prepare494
arguments for the proposed amendment or chooses not to designate a495
group of members to prepare arguments against the proposed496
amendment, the Ohio ballot board mayshall prepare the relevant497
arguments or designate a group of persons to prepare the498
relevant arguments. All arguments prepared under this division499
shall be filed with the secretary of state no later than500
seventy-five days before the date of the election. No argument501
shall exceed three hundred words.502

       (B)(1) If the group of members of the general assembly or503
other group of persons designated under division (A) of this504
section fail to prepare and file their arguments in support of or505
in opposition to the proposed amendment by the seventy-fifth day506
before the date of the election, the secretary of state shall507
notify the Ohio ballot board that those arguments have not been so508
prepared and filed. The board then shall prepare the missing509
arguments or designate a group of persons to prepare those510
arguments. All arguments prepared under this division shall be511
filed with the secretary of state no later than seventy days512
before the date of the election. No argument shall exceed three513
hundred words.514

       (2) If the Ohio ballot board fails to provide for the515
preparation of missing arguments under division (B)(1) of this516
section after being notified by the secretary of state that one or517
more arguments have not been timely prepared and filed, the518
positions of the four appointed members of the board shall be519
considered vacant, and new members shall be appointed in the520
manner provided for original appointments.521

       (C) The secretary of state shall disseminate information,522
which may include part or all of the official explanation and523
arguments concerning proposed amendments, by means of direct mail524
or other written publication, broadcast, or such other means, or525
combination of means, as the Ohio ballot board may direct, in526
order to inform the voters as fully as possible concerning527
proposed amendments.528

       Sec. 3513.04.  Candidates for party nominations to state,529
district, county, and municipal offices or positions, for which530
party nominations are provided by law, and for election as members531
of party controlling committees shall have their names printed on532
the official primary ballot by filing a declaration of candidacy533
and paying the fees specified for the office under divisions (A)534
and (B) of section 3513.10 of the Revised Code, except that the535
joint candidates for party nomination to the offices of governor536
and lieutenant governor shall, for the two of them, file one537
declaration of candidacy. The joint candidates also shall pay the538
fees specified for the joint candidates under divisions (A) and539
(B) of section 3513.10 of the Revised Code.540

       The secretary of state shall not accept for filing the541
declaration of candidacy of a candidate for party nomination to542
the office of governor unless the declaration of candidacy also543
shows a joint candidate for the same party's nomination to the544
office of lieutenant governor, shall not accept for filing the545
declaration of candidacy of a candidate for party nomination to546
the office of lieutenant governor unless the declaration of547
candidacy also shows a joint candidate for the same party's548
nomination to the office of governor, and shall not accept for549
filing a declaration of candidacy that shows a candidate for party550
nomination to the office of governor or lieutenant governor who,551
for the same election, has already been shown as a candidate for552
party nomination to the office of governor or lieutenant governor553
onfiled a declaration of candidacy previously filed and accepted554
for the same primary electionor a declaration of intent to be a555
write-in candidate, or has become a candidate by the filling of a556
vacancy under section 3513.30 of the Revised Code for any other557
state office or any county office.558

       No person who seeks party nomination for an office or559
position at a primary election by declaration of candidacy or by560
declaration of intent to be a write-in candidate and no person who561
is a first choice for president of candidates seeking election as562
delegates and alternates to the national conventions of the563
different major political parties who are chosen by direct vote of564
the electors as provided in this chapter shall be permitted to565
become a candidate by nominating petition or by declaration of566
intent to be a write-in candidate at the following general567
election for any office other than the office of member of the568
state board of education, office of member of a city, local, or569
exempted village board of education, office of member of a570
governing board of an educational service center, or office of571
township trustee.572

       Sec. 3513.041.  A write-in space shall be provided on the573
ballot for every office, except in an election for which the board574
of elections has received no valid declarations of intent to be a575
write-in candidate under this section. Write-in votes shall not576
be counted for any candidate who has not filed a declaration of577
intent to be a write-in candidate pursuant to this section. A578
qualified person who has filed a declaration of intent may receive579
write-in votes at either a primary or general election. Any580
candidate, except one whose candidacy is to be submitted to581
electors throughout the entire state, shall file a declaration of582
intent to be a write-in candidate before four p.m. of the fiftieth583
day preceding the election at which such candidacy is to be584
considered. If the election is to be determined by electors of a585
county or a district or subdivision within the county, such586
declaration shall be filed with the board of elections of that587
county. If the election is to be determined by electors of a588
subdivision located in more than one county, such declaration589
shall be filed with the board of elections of the county in which590
the major portion of the population of such subdivision is591
located. If the election is to be determined by electors of a592
district comprised of more than one county but less than all of593
the counties of the state, such declaration shall be filed with594
the board of elections of the most populous county in such595
district. Any candidate for an office to be voted upon by596
electors throughout the entire state shall file a declaration of597
intent to be a write-in candidate with the secretary of state598
before four p.m. of the fiftieth day preceding the election at599
which such candidacy is to be considered. In addition, candidates600
for president and vice-president of the United States shall also601
file with the secretary of state by said fiftieth day a slate of602
presidential electors sufficient in number to satisfy the603
requirements of the United States constitution.604

       A board of elections shall not accept for filing the605
declaration of intent to be a write-in candidate of a person606
seeking to become a candidate if that person, for the same607
election, has already filed a declaration of candidacy, a608
declaration of intent to be a write-in candidate, or a nominating609
petition, or has become a candidate through party nomination at a610
primary election or by the filling of a vacancy under section611
3513.30 or 3513.31 of the Revised Code, for any state or county612
office, if the declaration of intent to be a write-in candidate is613
for a state or county office, or for any municipal or township614
office, for member of a city, local, or exempted village board of615
education, or for member of a governing board of an educational616
service center, if the declaration of intent to be a write-in617
candidate is for a municipal or township office, or for member of618
a city, local, or exempted village board of education, or for619
member of a governing board of an educational service center.620

       No person shall file a declaration of intent to be a write-in621
candidate for the office of governor unless the declaration also622
shows the intent of another person to be a write-in candidate for623
the office of lieutenant governor. No person shall file a624
declaration of intent to be a write-in candidate for the office of625
lieutenant governor unless the declaration also shows the intent626
of another person to be a write-in candidate for the office of627
governor. No person shall file a declaration of intent to be a628
write-in candidate for the office of governor or lieutenant629
governor if the person has previously filed a declaration of630
intent to be a write-in candidate to the office of governor or631
lieutenant governor at the same primary or general election. A632
write-in vote for the two candidates who file such a declaration633
shall be counted as a vote for them as joint candidates for the634
offices of governor and lieutenant governor.635

       The secretary of state shall not accept for filing the636
declaration of intent to be a write-in candidate of a person for637
the office of governor unless the declaration also shows the638
intent of another person to be a write-in candidate for the office639
of lieutenant governor, shall not accept for filing the640
declaration of intent to be a write-in candidate of a person for641
the office of lieutenant governor unless the declaration also642
shows the intent of another person to be a write-in candidate for643
the office of governor, and shall not accept for filing the644
declaration of intent to be a write-in candidate of a person to645
the office of governor or lieutenant governor if that person, for646
the same election, has already been shown, onfiled a declaration647
of candidacy, a declaration of intent previously filed and648
accepted for the same primary or general electionto be a write-in649
candidate, or a nominating petition, to be a write-in candidate to650
the office of governor or lieutenant governoror has become a651
candidate through party nomination at a primary election or by the652
filling of a vacancy under section 3513.30 or 3513.31 of the653
Revised Code, for any other state office or any county office.654

       Protests against the candidacy of any person filing a655
declaration of intent to be a write-in candidate may be filed by656
any qualified elector who is eligible to vote in the election at657
which the candidacy is to be considered. The protest shall be in658
writing and shall be filed not later than four p.m. of the659
forty-fifth day before the day of the election. The protest shall660
be filed with the board of elections with which the declaration of661
intent to be a write-in candidate was filed. Upon the filing of662
the protest, the board with which it is filed shall promptly fix663
the time for hearing it and shall proceed in regard to the hearing664
in the same manner as for hearings set for protests filed under665
section 3513.05 of the Revised Code. At the time fixed, the board666
shall hear the protest and determine the validity or invalidity of667
the declaration of intent to be a write-in candidate. If the668
board finds that the candidate is not an elector of the state,669
district, county, or political subdivision in which the candidate670
seeks election to office or has not fully complied with the671
requirements of Title XXXV of the Revised Code in regard to the672
candidate's candidacy, the candidate's declaration of intent to be673
a write-in candidate shall be determined to be invalid and shall674
be rejected; otherwise, it shall be determined to be valid. The675
determination of the board is final.676

       The secretary of state shall prescribe the form of the677
declaration of intent to be a write-in candidate.678

       Sec. 3513.05.  Each person desiring to become a candidate for679
a party nomination or for election to an office or position to be680
voted for at a primary election, except persons desiring to become681
joint candidates for the offices of governor and lieutenant682
governor and except as otherwise provided in section 3513.051 of683
the Revised Code, shall, not later than four p.m. of the684
seventy-fifth day before the day of the primary election, or if685
the primary election is a presidential primary election, not later686
than four p.m. of the sixtieth day before the day of the687
presidential primary election, file a declaration of candidacy and688
petition and pay the fees required under divisions (A) and (B) of689
section 3513.10 of the Revised Code. The declaration of candidacy690
and all separate petition papers shall be filed at the same time691
as one instrument. When the offices are to be voted for at a692
primary election, persons desiring to become joint candidates for693
the offices of governor and lieutenant governor shall, not later694
than four p.m. of the seventy-fifth day before the day of the695
primary election, comply with section 3513.04 of the Revised Code.696
The prospective joint candidates' declaration of candidacy and all697
separate petition papers of candidacies shall be filed at the same698
time as one instrument. The secretary of state or a board of699
elections shall not accept for filing a declaration of candidacy700
and petition of a person seeking to become a candidate if that701
person, for the same election, has already filed a declaration of702
candidacy or a declaration of intent to be a write-in candidate,703
or has become a candidate by the filling of a vacancy under704
section 3513.30 of the Revised Code for any state or county705
office, if the declaration of candidacy is for a state or county706
office, or for any municipal or township office, if the707
declaration of candidacy is for a municipal or township office.708

       If the declaration of candidacy declares a candidacy which is709
to be submitted to electors throughout the entire state, the710
petition, including a petition for joint candidates for the711
offices of governor and lieutenant governor, shall be signed by at712
least one thousand qualified electors who are members of the same713
political party as the candidate or joint candidates, and the714
declaration of candidacy and petition shall be filed with the715
secretary of state; provided that the secretary of state shall not716
accept or file any such petition appearing on its face to contain717
signatures of more than three thousand electors.718

       Except as otherwise provided in this paragraph, if the719
declaration of candidacy is of one that is to be submitted only to720
electors within a district, political subdivision, or portion721
thereof, the petition shall be signed by not less than fifty722
qualified electors who are members of the same political party as723
the political party of which the candidate is a member. If the724
declaration of candidacy is for party nomination as a candidate725
for member of the legislative authority of a municipal corporation726
elected by ward, the petition shall be signed by not less than727
twenty-five qualified electors who are members of the political728
party of which the candidate is a member.729

       No such petition, except the petition for a candidacy that is730
to be submitted to electors throughout the entire state, shall be731
accepted for filing if it appears to contain on its face732
signatures of more than three times the minimum number of733
signatures. When a petition of a candidate has been accepted for734
filing by a board of elections, the petition shall not be deemed735
invalid if, upon verification of signatures contained in the736
petition, the board of elections finds the number of signatures737
accepted exceeds three times the minimum number of signatures738
required. A board of elections may discontinue verifying739
signatures on petitions when the number of verified signatures740
equals the minimum required number of qualified signatures.741

       If the declaration of candidacy declares a candidacy for742
party nomination or for election as a candidate of an intermediate743
or minor party, the minimum number of signatures on such petition744
is one-half the minimum number provided in this section, except745
that, when the candidacy is one for election as a member of the746
state central committee or the county central committee of a747
political party, the minimum number shall be the same for an748
intermediate or minor party as for a major party.749

       If a declaration of candidacy is one for election as a member750
of the state central committee or the county central committee of751
a political party, the petition shall be signed by five qualified752
electors of the district, county, ward, township, or precinct753
within which electors may vote for such candidate. The electors754
signing such petition shall be members of the same political party755
as the political party of which the candidate is a member.756

       For purposes of signing or circulating a petition of757
candidacy for party nomination or election, an elector is758
considered to be a member of a political party if the elector759
voted in that party's primary election within the preceding two760
calendar years, or if the elector did not vote in any other761
party's primary election within the preceding two calendar years.762

       If the declaration of candidacy is of one that is to be763
submitted only to electors within a county, or within a district764
or subdivision or part thereof smaller than a county, the petition765
shall be filed with the board of elections of the county. If the766
declaration of candidacy is of one that is to be submitted only to767
electors of a district or subdivision or part thereof that is768
situated in more than one county, the petition shall be filed with769
the board of elections of the county within which the major770
portion of the population thereof, as ascertained by the next771
preceding federal census, is located.772

       A petition shall consist of separate petition papers, each of773
which shall contain signatures of electors of only one county. 774
Petitions or separate petition papers containing signatures of775
electors of more than one county shall not thereby be declared776
invalid. In case petitions or separate petition papers containing777
signatures of electors of more than one county are filed, the778
board shall determine the county from which the majority of779
signatures came, and only signatures from such county shall be780
counted. Signatures from any other county shall be invalid.781

       Each separate petition paper shall be circulated by one782
person only, who shall be the candidate or a joint candidate or a783
member of the same political party as the candidates, and each784
separate petition paper shall be governed by the rules set forth785
in section 3501.38 of the Revised Code.786

       The secretary of state shall promptly transmit to each board787
such separate petition papers of each petition accompanying a788
declaration of candidacy filed with the secretary of state as789
purport to contain signatures of electors of the county of such790
board. The board of the most populous county of a district shall791
promptly transmit to each board within such district such separate792
petition papers of each petition accompanying a declaration of793
candidacy filed with it as purport to contain signatures of794
electors of the county of each such board. The board of a county795
within which the major portion of the population of a subdivision,796
situated in more than one county, is located, shall promptly797
transmit to the board of each other county within which a portion798
of such subdivision is located such separate petition papers of799
each petition accompanying a declaration of candidacy filed with800
it as purport to contain signatures of electors of the portion of801
such subdivision in the county of each such board.802

       All petition papers so transmitted to a board and all803
petitions accompanying declarations of candidacy filed with such804
board shall, under proper regulations, be open to public805
inspection until four p.m. of the seventieth day before the day of806
the next primary election, or if that next primary election is a807
presidential primary election, the fifty-fifth day before that808
presidential primary election. Each board shall, not later than809
the sixty-eighth day before the day of such primary election, or810
if the primary election is a presidential primary election, not811
later than the fifty-third day before such presidential primary812
election, examine and determine the validity or invalidity of the813
signatures on the petition papers so transmitted to or filed with814
it and shall return to the secretary of state all petition papers815
transmitted to it by the secretary of state, together with its816
certification of its determination as to the validity or817
invalidity of signatures thereon, and shall return to each other818
board all petition papers transmitted to it by such board,819
together with its certification of its determination as to the820
validity or invalidity of the signatures thereon. All other821
matters affecting the validity or invalidity of such petition822
papers shall be determined by the secretary of state or the board823
with whom such petition papers were filed.824

       Protests against the candidacy of any person filing a825
declaration of candidacy for party nomination or for election to826
an office or position, as provided in this section, may be filed827
by any qualified elector who is a member of the same political828
party as the candidate and who is eligible to vote at the primary829
election for the candidate whose declaration of candidacy the830
elector objects to, or by the controlling committee of such party.831
Such protest must be in writing, and must be filed not later than832
four p.m. of the sixty-fourth day before the day of the primary833
election, or if the primary election is a presidential primary834
election, not later than four p.m. of the forty-ninth day before835
the day of the presidential primary election. Such protest shall836
be filed with the election officials with whom the declaration of837
candidacy and petition was filed. Upon the filing of such838
protest, the election officials with whom it is filed shall839
promptly fix the time for hearing it, and shall forthwith mail840
notice of the filing of such protest and the time fixed for841
hearing to the person whose candidacy is so protested. They shall842
also forthwith mail notice of the time fixed for such hearing to843
the person who filed the protest. At the time fixed, such844
election officials shall hear the protest and determine the845
validity or invalidity of the declaration of candidacy and846
petition. If they find that such candidate is not an elector of847
the state, district, county, or political subdivision in which the848
candidate seeks a party nomination or election to an office or849
position, or has not fully complied with this chapter, the850
candidate's declaration of candidacy and petition shall be851
determined to be invalid and shall be rejected, otherwise it shall852
be determined to be valid. Such determination shall be final.853

       A protest against the candidacy of any persons filing a854
declaration of candidacy for joint party nomination to the offices855
of governor and lieutenant governor shall be filed, heard, and856
determined in the same manner as a protest against the candidacy857
of any person filing a declaration of candidacy singly.858

       The secretary of state shall, on the sixtieth day before the859
day of a primary election, or if the primary election is a860
presidential primary election, on the forty-fifth day before the861
day of the presidential primary election, certify to each board in862
the state the forms of the official ballots to be used at such863
primary election, together with the names of the candidates to be864
printed thereon whose nomination or election is to be determined865
by electors throughout the entire state and who filed valid866
declarations of candidacy and petitions.867

       The board of the most populous county in a district comprised868
of more than one county but less than all of the counties of the869
state shall on the sixtieth day before the day of a primary870
election, or if the primary election is a presidential primary871
election, on the forty-fifth day before the day of a presidential872
primary election, certify to the board of each county in the873
district the names of the candidates to be printed on the official874
ballots to be used at such primary election, whose nomination or875
election is to be determined only by electors within such district876
and who filed valid declarations of candidacy and petitions.877

       The board of a county within which the major portion of the878
population of a subdivision smaller than the county and situated879
in more than one county is located shall, on the sixtieth day880
before the day of a primary election, or if the primary election881
is a presidential primary election, on the forty-fifth day before882
the day of a presidential primary election, certify to the board883
of each county in which a portion of such subdivision is located884
the names of the candidates to be printed on the official ballots885
to be used at such primary election, whose nomination or election886
is to be determined only by electors within such subdivision and887
who filed valid declarations of candidacy and petitions.888

       Sec. 3513.052. (A) No person shall seek nomination or889
election to any of the following offices or positions at the same890
election by filing a declaration of candidacy and petition, a891
declaration of intent to be a write-in candidate, or a nominating892
petition, or by becoming a candidate through party nomination in a893
primary election, or by the filling of a vacancy under section894
3513.30 or 3513.31 of the Revised Code:895

       (1) Two or more state offices;896

        (2) Two or more county offices;897

        (3) A state office and a county office;898

        (4) Any combination of two or more municipal or township899
offices, positions as a member of a city, local, or exempted900
village board of education, or positions as a member of a901
governing board of an educational service center. 902

       (B) The secretary of state or a board of elections shall not903
accept for filing a declaration of candidacy and petition, a904
declaration of intent to be a write-in candidate, or a nominating905
petition of a person seeking to become a candidate if that person,906
for the same election, has already filed a declaration of907
candidacy, a declaration of intent to be a write-in candidate, or908
a nominating petition, or has become a candidate through party909
nomination at a primary election or by the filling of a vacancy910
under section 3513.30 or 3513.31 of the Revised Code for:911

        (1) Any state or county office, if the declaration of912
candidacy, declaration of intent to be a write-in candidate, or913
nominating petition is for a state or county office;914

       (2) Any municipal or township office, or for member of a915
city, local, or exempted village board of education, or for member916
of a governing board of an educational service center, if the917
declaration of candidacy, declaration of intent to be a write-in918
candidate, or nominating petition is for a municipal or township919
office, or for member of a city, local, or exempted village board920
of education, or for member of a governing board of an921
educational service center.922

       (C)(1) If the secretary of state determines, before the day923
of the primary election, that a person is seeking nomination to924
more than one office at that election in violation of division (A)925
of this section, the secretary of state shall do one of the926
following:927

       (a) If each office or the district for each office for which928
the person is seeking nomination is wholly within a single county,929
the secretary of state shall notify the board of elections of that930
county. The board then shall determine the date on which the931
person first sought to become a candidate for each of those932
offices by filing a declaration of candidacy or a declaration of933
intent to be a write-in candidate or by the filling of a vacancy934
under section 3513.30 of the Revised Code. The board shall vote935
promptly to disqualify that person as a candidate for each office936
for which the person sought to become a candidate after the date937
on which the person first sought to become a candidate for any of938
those offices. If the board determines that the person sought to939
become a candidate for more than one of those offices on the same940
date, the board shall vote promptly to disqualify that person as a941
candidate for each office that would be listed on the ballot below942
the highest office for which that person seeks nomination,943
according to the ballot order prescribed under section 3505.03 of944
the Revised Code.945

       (b) If one or more of the offices for which the person is946
seeking nomination is a state office or an office with a district947
larger than a single county, the secretary of state shall948
determine the date on which the person first sought to become a949
candidate for each of those offices by filing a declaration of950
candidacy or a declaration of intent to be a write-in candidate or951
by the filling of a vacancy under section 3513.30 of the Revised952
Code. The secretary of state shall order the board of elections953
of each county in which the person is seeking to appear on the954
ballot to disqualify that person as a candidate for each office955
for which the person sought to become a candidate after the date956
on which the person first sought to become a candidate for any of957
those offices. If the secretary of state determines that the958
person sought to become a candidate for more than one of those959
offices on the same date, the secretary of state shall order the960
board of elections of each county in which the person is seeking961
to appear on the ballot to disqualify that person as a candidate962
for each office that would be listed on the ballot below the963
highest office for which that person seeks nomination, according964
to the ballot order prescribed under section 3505.03 of the965
Revised Code. Each board of elections so notified shall vote966
promptly to disqualify the person as a candidate in accordance967
with the order of the secretary of state.968

       (2) If a board of elections determines, before the day of the969
primary election, that a person is seeking nomination to more than970
one office at that election in violation of division (A) of this971
section, the board shall do one of the following:972

       (a) If each office or the district for each office for which973
the person is seeking nomination is wholly within that county,974
the board shall determine the date on which the person first975
sought to become a candidate for each of those offices by filing a976
declaration of candidacy or a declaration of intent to be a977
write-in candidate or by the filling of a vacancy under section978
3513.30 of the Revised Code. The board shall vote promptly to979
disqualify that person as a candidate for each office for which980
the person sought to become a candidate after the date on which981
the person first sought to become a candidate for any of those982
offices. If the board determines that the person sought to become983
a candidate for more than one of those offices on the same date,984
the board shall vote promptly to disqualify that person as a985
candidate for each office that would be listed on the ballot below986
the highest office for which that person seeks nomination,987
according to the ballot order prescribed under section 3505.03 of988
the Revised Code.989

       (b) If one or more of the offices for which the person is990
seeking nomination is a state office or an office with a district991
larger than a single county, the board shall notify the secretary992
of state. The secretary of state then shall determine the date on993
which the person first sought to become a candidate for each of994
those offices by filing a declaration of candidacy or a995
declaration of intent to be a write-in candidate or by the filling996
of a vacancy under section 3513.30 of the Revised Code. The997
secretary of state shall order the board of elections of each998
county in which the person is seeking to appear on the ballot to999
disqualify that person as a candidate for each office for which1000
the person sought to become a candidate after the date on which1001
the person first sought to become a candidate for any of those1002
offices. If the secretary of state determines that the person1003
sought to become a candidate for more than one of those offices on1004
the same date, the secretary of state shall order the board of1005
elections of each county in which the person is seeking to appear1006
on the ballot to disqualify that person as a candidate for each1007
office that would be listed on the ballot below the highest office1008
for which that person seeks nomination, according to the ballot1009
order prescribed under section 3505.03 of the Revised Code. Each1010
board of elections so notified shall vote promptly to disqualify1011
the person as a candidate in accordance with the order of the1012
secretary of state.1013

       (D)(1) If the secretary of state determines, after the day of1014
the primary election and before the day of the general election,1015
that a person is seeking election to more than one office at that1016
election in violation of division (A) of this section, the1017
secretary of state shall do one of the following:1018

       (a) If each office or the district for each office for which1019
the person is seeking election is wholly within a single county,1020
the secretary of state shall notify the board of elections of that1021
county. The board then shall determine the offices for which the1022
person seeks to appear as a candidate on the ballot. The board1023
shall vote promptly to disqualify that person as a candidate for1024
each office that would be listed on the ballot below the highest1025
office for which that person seeks election, according to the1026
ballot order prescribed under section 3505.03 of the Revised Code.1027
If the person sought nomination at a primary election and has not1028
yet been issued a certificate of nomination, the board shall not1029
issue that certificate for that person for any office that would1030
be listed on the ballot below the highest office for which that1031
person seeks election, according to the ballot order prescribed1032
under section 3505.03 of the Revised Code.1033

       (b) If one or more of the offices for which the person is1034
seeking election is a state office or an office with a district1035
larger than a single county, the secretary of state shall promptly1036
investigate and determine the offices for which the person seeks1037
to appear as a candidate on the ballot. The secretary of state1038
shall order the board of elections of each county in which the1039
person is seeking to appear on the ballot to disqualify that1040
person as a candidate for each office that would be listed on the1041
ballot below the highest office for which that person seeks1042
election, according to the ballot order prescribed under section1043
3505.03 of the Revised Code. Each board of elections so notified1044
shall vote promptly to disqualify the person as a candidate in1045
accordance with the order of the secretary of state. If the person1046
sought nomination at a primary election and has not yet been1047
issued a certificate of nomination, the board shall not issue that1048
certificate for that person for any office that would be listed on1049
the ballot below the highest office for which that person seeks1050
election, according to the ballot order prescribed under section1051
3505.03 of the Revised Code.1052

       (2) If a board of elections determines, after the day of the1053
primary election and before the day of the general election, that1054
a person is seeking election to more than one office at that1055
election in violation of division (A) of this section, the board1056
of elections shall do one of the following:1057

       (a) If each office or the district for each office for which1058
the person is seeking election is wholly within that county, the1059
board shall determine the offices for which the person seeks to1060
appear as a candidate on the ballot. The board shall vote1061
promptly to disqualify that person as a candidate for each office1062
that would be listed on the ballot below the highest office for1063
which that person seeks election, according to the ballot order1064
prescribed under section 3505.03 of the Revised Code. If the1065
person sought nomination at a primary election and has not yet1066
been issued a certificate of nomination, the board shall not issue1067
that certificate for that person for any office that would be1068
listed on the ballot below the highest office for which that1069
person seeks election, according to the ballot order prescribed1070
under section 3505.03 of the Revised Code.1071

       (b) If one or more of the offices for which the person is1072
seeking election is a state office or an office with a district1073
larger than a single county, the board shall notify the secretary1074
of state. The secretary of state promptly shall investigate and1075
determine the offices for which the person seeks to appear as a1076
candidate on the ballot. The secretary of state shall order the1077
board of elections of each county in which the person is seeking1078
to appear on the ballot to disqualify that person as a candidate1079
for each office that would be listed on the ballot below the1080
highest office for which that person seeks election, according to1081
the ballot order prescribed under section 3505.03 of the Revised1082
Code. Each board of elections so notified shall vote promptly to1083
disqualify the person as a candidate in accordance with the order1084
of the secretary of state. If the person sought nomination at a1085
primary election and has not yet been issued a certificate of1086
nomination, the board shall not issue that certificate for that1087
person for any office that would be listed on the ballot below the1088
highest office for which that person seeks election, according to1089
the ballot order prescribed under section 3505.03 of the Revised1090
Code.1091

       (E) When a person is disqualified as a candidate under1092
division (C) or (D) of this section, that person's name shall not1093
appear on the ballots for any office for which that person has1094
been disqualified as a candidate. If the ballots have already1095
been prepared, the board of elections shall remove the name of the1096
disqualified candidate from the ballots to the extent practicable1097
in the time remaining before the election and according to the1098
directions of the secretary of state. If the name is not removed1099
from the ballots before the day of the election, the votes for the1100
disqualified candidate are void and shall not be counted.1101

       (F) Any vacancy created by the disqualification of a person1102
as a candidate under division (C) or (D) of this section may be1103
filled in the manner provided for in sections 3513.30 and 3513.311104
of the Revised Code.1105

       (G) Nothing in this section or section 3513.04, 3513.041,1106
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257,1107
3513.259, or 3513.261 of the Revised Code prohibits, and the1108
secretary of state or a board of elections shall not disqualify, a1109
person from being a candidate to fill a vacant office as otherwise1110
provided by law.1111

        (H) Nothing in this section or section 3513.04, 3513.041,1112
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257,1113
3513.259, or 3513.261 of the Revised Code prohibits, and the1114
secretary of state or a board of elections shall not disqualify, a1115
person from being a candidate for an office, if that person timely1116
withdraws as a candidate for any offices specified in division (A)1117
of this section for which that person first sought to become a1118
candidate by filing a declaration of candidacy and petition, a1119
declaration of intent to be a write-in candidate, or a nominating1120
petition, by party nomination in a primary election, or by the1121
filling of a vacancy under section 3513.30 or 3513.31 of the1122
Revised Code.1123

       (I) As used in this section:1124

       (1) "State office" means the offices of governor, lieutenant1125
governor, secretary of state, auditor of state, treasurer of1126
state, attorney general, member of the state board of education,1127
member of the general assembly, chief justice of the supreme1128
court, and justice of the supreme court.1129

       (2) "Timely withdraws" means either of the following:1130

       (a) Withdrawing as a candidate before the applicable deadline1131
for filing a declaration of candidacy, declaration of intent to be1132
a write-in candidate, or nominating petition for the subsequent1133
office for which the person is seeking to become a candidate;1134

       (b) Withdrawing as a candidate before the applicable deadline1135
for the filling of a vacancy under section 3513.30 or 3513.31 of1136
the Revised Code, if the person is seeking to become a candidate1137
for a subsequent office under either of those sections.1138

       Sec. 3513.23. (A) If an elector voting at a primary election1139
writes in a blank space provided thereforfor that purpose on the1140
ballot of one political party under the title of an office for1141
which a nomination is to be made the name of a person other than1142
the persons whose names are printed on the ballot as candidates1143
for suchthe nomination, and if suchthat elector records the vote1144
in the manner provided on the ballot next to the name written,1145
suchthat ballot shall be counted as a vote for the nomination of1146
the person whose name is so written thereon if that person has1147
filed a declaration of intent to be a write-in candidate under1148
section 3513.041 of the Revised Code, but in.1149

       (B) In no event shall a person, whose name is written on a1150
primary election ballot, be nominated as a candidate for election1151
to an office if the name of no person living on the day of such1152
that primary election is printed on suchthe ballot as a candidate1153
for suchthat nomination, unless the total number of votes cast1154
for the person whose name is written on the ballot is not less1155
than that number of petition signatures that would have been1156
required for the printing of the person's name on the primary1157
ballot pursuant to section 3513.05 of the Revised Code.1158

       Sec. 3513.251.  Nominations of candidates for election as1159
officers of a municipal corporation having a population of less1160
than two thousand as ascertained by the next preceding federal1161
census shall be made only by nominating petition and their1162
election shall occur only in nonpartisan elections, unless a1163
majority of the electors of such municipal corporation have1164
petitioned for a primary election. Nominations of candidates for1165
election as officers of a municipal corporation having a1166
population of two thousand or more shall be made either by primary1167
election in conjunction with a partisan general election or by1168
nominating petition in conjunction with a nonpartisan general1169
election, as determined under section 3513.01 of the Revised Code.1170

       The nominating petitions of nonpartisan candidates for1171
election as officers of a municipal corporation having a1172
population of less than two thousand, as ascertained by the most1173
recent federal census, shall be signed by not less than ten1174
qualified electors of the municipal corporation. Any nominating1175
petition filed under this section shall be filed with the board of1176
elections not later than four p.m. of the seventy-fifth day before1177
the day of the general election, provided that no such nominating1178
petition shall be accepted for filing if it appears to contain1179
signatures aggregating in number more than three times the minimum1180
number of signatures required by this section. A board of1181
elections shall not accept for filing a nominating petition of a1182
person if that person, for the same election, has already filed a1183
declaration of candidacy, a declaration of intent to be a write-in1184
candidate, or a nominating petition, or has become a candidate1185
through party nomination at a primary election or by the filling1186
of a vacancy under section 3513.30 or 3513.31 of the Revised Code1187
for any other municipal office, or for a township office, for1188
member of a city, local, or exempted village board of education,1189
or for member of a governing board of an educational service1190
center. When a petition of a candidate has been accepted for1191
filing by a board of elections, the petition shall not be deemed1192
invalid if, upon verification of signatures contained in the1193
petition, the board of elections finds the number of signatures1194
accepted exceeds three times the minimum number of signatures1195
required. A board of elections may discontinue verifying1196
signatures when the number of verified signatures on a petition1197
equals the minimum required number of qualified signatures.1198

       Nomination of nonpartisan candidates for election as officers1199
of a municipal corporation having a population of two thousand or1200
more, as ascertained by the next preceding federal census, shall1201
be made only by nominating petition. Nominating petitions of1202
nonpartisan candidates for election as officers of a municipal1203
corporation having a population of two thousand or more but less1204
than five thousand, as ascertained by the next preceding federal1205
census, shall be signed by not less than fifty qualified electors1206
of the municipal corporation or ward thereof in the case of the1207
nominating petition of a candidate for election as councilman from1208
such ward. Nominating petitions of nonpartisan candidates for1209
election as officers of a municipal corporation having a1210
population of five thousand or more, as ascertained by the next1211
preceding federal census, shall be signed by not less than fifty1212
qualified electors of the municipal corporation or ward thereof in1213
the case of the nominating petition of a candidate for election as1214
councilmancouncilperson from such ward.1215

       Sec. 3513.253.  Nominations of candidates for election as1216
officers of a township shall be made only by nominating petitions,1217
unless a majority of the electors of such township have petitioned1218
for a primary election. The nominating petitions of nonpartisan1219
candidates for township trustee and township clerk shall be signed1220
by not less than twenty-five qualified electors of the township.1221
Such petition shall be filed with the board of elections not later1222
than four p.m. of the seventy-fifth day before the day of the1223
general election, provided that no such nominating petition shall1224
be accepted for filing if it appears to contain signatures1225
aggregating in number more than three times the minimum number of1226
signatures required by this section. A board of elections shall1227
not accept for filing a nominating petition of a person if that1228
person, for the same election, has already filed a declaration of1229
candidacy, a declaration of intent to be a write-in candidate, or1230
a nominating petition, or has become a candidate through party1231
nomination at a primary election or by the filling of a vacancy1232
under section 3513.30 or 3513.31 of the Revised Code for any other1233
township office, or for a municipal office, for member of a city,1234
local, or exempted village board of education, or for member of a1235
governing board of an educational service center. When a petition1236
of a candidate has been accepted for filing by a board of1237
elections, the petition shall not be deemed invalid if, upon1238
verification of signatures contained in the petition, the board of1239
elections finds the number of signatures accepted exceeds three1240
times the minimum number of signatures required. A board of1241
elections may discontinue verifying signatures when the number of1242
verified signatures on a petition equals the minimum required1243
number of qualified signatures.1244

       Sec. 3513.254.  The name of each candidate for member of a1245
city, local, or exempted village board of education or for member1246
of a governing board of an educational service center described in1247
section 3311.051 of the Revised Code shall appear on the1248
nonpartisan ballot. Nominating petitions of candidates for member1249
of a board of education of a local or exempted village school1250
district or for member of a governing board of an educational1251
service center described in section 3311.051 of the Revised Code1252
shall be signed by twenty-five qualified electors of the school1253
district or educational service center service area. Nominating1254
petitions for candidates for member of a board of education of a1255
city school district having a population of less than twenty1256
thousand, as ascertained by the next preceding federal census,1257
shall be signed by twenty-five qualified electors of the school1258
district. Nominating petitions for candidates for member of a1259
board of education of a city school district having a population1260
of twenty thousand or more but less than fifty thousand, as1261
ascertained by the next preceding federal census, shall be signed1262
by seventy-five qualified electors of the school district.1263
Nominating petitions for candidates for member of a board of1264
education of a city school district having a population of fifty1265
thousand or more but less than one hundred thousand, as1266
ascertained by the next preceding federal census, shall be signed1267
by one hundred fifty qualified electors of the school district.1268
Nominating petitions for candidates for member of a board of1269
education of a city school district having a population of one1270
hundred thousand or more, as ascertained by the next preceding1271
federal census, shall be signed by three hundred qualified1272
electors of the school district. Nominating1273

       Nominating petitions shall be filed with the board of1274
elections not later than four p.m. of the seventy-fifth day before1275
the day of the general election, provided that no such petition1276
shall be accepted for filing if it appears to contain signatures1277
aggregating in number more than three times the minimum number of1278
signatures required by this section. A board of elections shall1279
not accept for filing a nominating petition of a person if that1280
person, for the same election, has already filed a declaration of1281
candidacy, a declaration of intent to be a write-in candidate, or1282
a nominating petition, or has become a candidate through party1283
nomination at a primary election or by the filling of a vacancy1284
under section 3513.30 or 3513.31 of the Revised Code for any other1285
position as a member of a city, local, or exempted village board1286
of education or position as a member of a governing board of an1287
educational service center, or for a municipal or township office.1288
When a petition of a candidate has been accepted for filing by a1289
board of elections, the petition shall not be deemed invalid if,1290
upon verification of signatures contained in the petition, the1291
board of elections finds the number of signatures accepted exceeds1292
three times the minimum number of signatures required. A board of1293
elections may discontinue verifying petitions when the number of1294
verified signatures equals the minimum required number of1295
qualified signatures.1296

       Sec. 3513.255.  This section does not apply to candidates for1297
election to a governing board of an educational service center1298
described in section 3311.051 of the Revised Code. The name of1299
each candidate for election as a member of a governing board of an1300
educational service center shall appear on the nonpartisan ballot.1301
Each nominating petition shall be signed by fifty qualified1302
electors who reside in one of the following, as applicable:1303

       (A) The school districts over which the educational service1304
center governing board has jurisdiction, in the case of any1305
candidate running for a position on any educational service center1306
governing board other than a governing board established in1307
accordance with section 3311.054 of the Revised Code;1308

       (B) The subdistrict in which the candidate is running, in1309
the case of a position on a governing board of an educational1310
service center established in accordance with section 3311.054 of1311
the Revised Code.1312

       Each nominating petition shall be filed with the board of1313
elections of the county in which the central administrative1314
offices of the educational service center governing board are1315
located not later than four p.m. of the seventy-fifth day before1316
the day of the general election, provided that no such petition1317
shall be accepted for filing if it appears to contain signatures1318
aggregating in number more than three times the minimum number of1319
signatures required by this section. A board of elections shall1320
not accept for filing a nominating petition of a person if that1321
person, for the same election, has already filed a declaration of1322
candidacy, a declaration of intent to be a write-in candidate, or1323
a nominating petition, or has become a candidate through party1324
nomination at a primary election or by the filling of a vacancy1325
under section 3513.30 or 3513.31 of the Revised Code for any other1326
position as a member of a governing board of an educational1327
service center or position as a member of a city, local, or1328
exempted village board of education, or for a municipal or1329
township office. When a petition of a candidate has been accepted1330
for filing by a board of elections, the petition shall not be1331
deemed invalid if, upon verification of signatures contained in1332
the petition, the board of elections finds the number of1333
signatures accepted exceeds three times the minimum signatures1334
required. A board of elections may discontinue verifying1335
petitions when the number of verified signatures equals the1336
minimum required number of qualified signatures.1337

       Sec. 3513.257.  Each person desiring to become an independent1338
candidate for an office for which candidates may be nominated at a1339
primary election, except persons desiring to become independent1340
joint candidates for the offices of governor and lieutenant1341
governor and for the offices of president and vice-president of1342
the United States, shall file no later than four p.m. of the day1343
before the day of the primary election immediately preceding the1344
general election at which such candidacy is to be voted for by the1345
voters, a statement of candidacy and nominating petition as1346
provided in section 3513.261 of the Revised Code. Persons1347
desiring to become independent joint candidates for the offices of1348
governor and lieutenant governor shall file, not later than four1349
p.m. of the day before the day of the primary election, one1350
statement of candidacy and one nominating petition for the two of1351
them. Persons desiring to become independent joint candidates for1352
the offices of president and vice-president of the United States1353
shall file, not later than four p.m. of the seventy-fifth day1354
before the day of the general election at which the president and1355
vice-president are to be elected, one statement of candidacy and1356
one nominating petition for the two of them. The prospective1357
independent joint candidates' statement of candidacy shall be1358
filed with the nominating petition as one instrument.1359

       The statement of candidacy and separate petition papers of1360
each candidate or pair of joint candidates shall be filed at the1361
same time as one instrument.1362

       The nominating petition shall contain signatures of qualified1363
electors of the district, political subdivision, or portion of a1364
political subdivision in which the candidacy is to be voted on in1365
an amount to be determined as follows:1366

       (A) If the candidacy is to be voted on by electors1367
throughout the entire state, the nominating petition, including1368
the nominating petition of independent joint candidates for the1369
offices of governor and lieutenant governor, shall be signed by no1370
less than five thousand qualified electors, provided that no1371
petition shall be accepted for filing if it purports to contain1372
more than fifteen thousand signatures.1373

       (B) If the candidacy is to be voted on by electors in any1374
district, political subdivision, or part thereof in which less1375
than five thousand electors voted for the office of governor at1376
the most recent election for that office, the nominating petition1377
shall contain signatures of not less than twenty-five qualified1378
electors of the district, political subdivision, or part thereof,1379
or a number of qualified signatures equal to at least five per1380
cent of that vote, if this number is less than twenty-five.1381

       (C) If the candidacy is to be voted on by electors in any1382
district, political subdivision, or part thereof in which five1383
thousand or more electors voted for the office of governor at the1384
most recent election for that office, the nominating petition1385
shall contain a number of signatures equal to at least one per1386
cent of those electors.1387

       All nominating petitions of candidates for offices to be1388
voted on by electors throughout the entire state shall be filed in1389
the office of the secretary of state. No nominating petition for1390
the offices of president and vice-president of the United States1391
shall be accepted for filing unless there is submitted to the1392
secretary of state, at the time of filing the petition, a slate of1393
presidential electors sufficient in number to satisfy the1394
requirement of the United States Constitution. The secretary of1395
state shall not accept for filing the statement of candidacy of a1396
person who desires to be an independent candidate for the office1397
of governor unless it also shows the joint candidacy of a person1398
who desires to be an independent candidate for the office of1399
lieutenant governor, shall not accept for filing the statement of1400
candidacy of a person who desires to be an independent candidate1401
for the office of lieutenant governor unless it also shows the1402
joint candidacy of a person who desires to be an independent1403
candidate for the office of governor, and shall not accept for1404
filing the statement of candidacy of a person who desires to be an1405
independent candidate to the office of governor or lieutenant1406
governor who, for the same election, has already been shown as an1407
independent candidate for governor or lieutenant governor onfiled1408
a declaration of candidacy, a declaration of intent to be a1409
write-in candidate, or a statement of candidacy previously filed1410
and accepted during the filing period preceding the same primary1411
election, or has become a candidate by the filling of a vacancy1412
under section 3513.30 of the Revised Code for any other state1413
office or any county office.1414

       Nominating petitions of candidates for offices to be voted on1415
by electors within a district or political subdivision comprised1416
of more than one county but less than all counties of the state1417
shall be filed with the boards of elections of that county or part1418
of a county within the district or political subdivision which had1419
a population greater than that of any other county or part of a1420
county within the district or political subdivision according to1421
the last federal decennial census.1422

       Nominating petitions for offices to be voted on by electors1423
within a county or district smaller than a county shall be filed1424
with the board of elections for such county.1425

       No petition other than the petition of a candidate whose1426
candidacy is to be considered by electors throughout the entire1427
state shall be accepted for filing if it appears on its face to1428
contain more than three times the minimum required number of1429
signatures. A board of elections shall not accept for filing a1430
nominating petition of a person seeking to become a candidate if1431
that person, for the same election, has already filed a1432
declaration of candidacy, a declaration of intent to be a write-in1433
candidate, or a nominating petition, or has become a candidate by1434
the filling of a vacancy under section 3513.30 of the Revised Code1435
for any state or county office, if the nominating petition is for1436
a state or county office, or for any municipal or township office,1437
for member of a city, local, or exempted village board of1438
education, or for member of a governing board of an educational1439
service center, if the nominating petition is for a municipal or1440
township office, or for member of a city, local, or exempted1441
village board of education, or for member of a governing board of1442
an educational service center. When a petition of a candidate has1443
been accepted for filing by a board of elections, the petition1444
shall not be deemed invalid if, upon verification of signatures1445
contained in the petition, the board of elections finds the number1446
of signatures accepted exceeds three times the minimum number of1447
signatures required. A board of elections may discontinue1448
verifying signatures when the number of verified signatures on a1449
petition equals the minimum required number of qualified1450
signatures.1451

       Any nonjudicial candidate who files a nominating petition may1452
request, at the time of filing, that the candidate be designated1453
on the ballot as an independent.1454

       The purpose of establishing a filing deadline for independent1455
candidates prior to the primary election immediately preceding the1456
general election at which the candidacy is to be voted on by the1457
voters is to recognize that the state has a substantial and1458
compelling interest in protecting its electoral process by1459
encouraging political stability, ensuring that the winner of the1460
election will represent a majority of the community, providing the1461
electorate with an understandable ballot, and enhancing voter1462
education, thus fostering informed and educated expressions of the1463
popular will in a general election. The filing deadline for1464
independent candidates required in this section prevents1465
splintered parties and unrestrained factionalism, avoids political1466
fragmentation, and maintains the integrity of the ballot. The1467
deadline, one day prior to the primary election, is the least1468
drastic or restrictive means of protecting these state interests.1469
The general assembly finds that the filing deadline for1470
independent candidates in primary elections required in this1471
section is reasonably related to the state's purpose of ensuring1472
fair and honest elections while leaving unimpaired the political,1473
voting, and associational rights secured by the first and1474
fourteenth amendments to the United States Constitution.1475

       Sec. 3513.259.  Nominations of candidates for the office of1476
member of the state board of education shall be made only by1477
nominating petition. The nominating petition of a candidate for1478
the office of member of the state board of education shall be1479
signed by not less than one hundred qualified electors.1480

       No such nominating petition shall be accepted for filing if1481
it appears on its face to contain signatures aggregating in number1482
more than three times the minimum number of signatures required by1483
this section. A board of elections shall not accept for filing a1484
nominating petition of a person if that person, for the same1485
election, has already filed a declaration of candidacy, a1486
declaration of intent to be a write-in candidate, or a nominating1487
petition, or has become a candidate through party nomination at a1488
primary election or by the filling of a vacancy under section1489
3513.30 or 3513.31 of the Revised Code, to be a candidate for any1490
other state office or any county office. When a petition of a1491
candidate has been accepted for filing by a board of elections,1492
the petition shall not be deemed invalid if, upon verification of1493
signatures contained in the petition, the board of elections finds1494
the number of signatures accepted exceeds three times the minimum1495
number of signatures required. A board of elections may1496
discontinue verifying signatures when the number of verified1497
signatures equals the minimum required number of signatures. Such1498
petition shall be filed with the board of elections of the most1499
populous county in such district not later than four p.m. of the1500
seventy-fifth day before the day of the general election at which1501
state board of education members are elected.1502

       Each nominating petition shall be signed by qualified1503
electors residing in the district in which the candidate1504
designated therein would be a candidate for election to the office1505
of member of the state board of education. Each candidate shall1506
be a qualified elector residing in the district in which hethe1507
candidate seeks election to such office.1508

       As the word "district" is used in this section, it refers to1509
a district created under section 3301.01 of the Revised Code.1510

       Sec. 3513.261.  A nominating petition may consist of one or1511
more separate petition papers, each of which shall be1512
substantially in the form prescribed in this section. If the1513
petition consists of more than one separate petition paper, the1514
statement of candidacy of the candidate or joint candidates named1515
need be signed by the candidate or joint candidates on only one of1516
such separate petition papers, but the statement of candidacy so1517
signed shall be copied on each other separate petition paper1518
before the signatures of electors are placed on it. Each1519
nominating petition containing signatures of electors of more than1520
one county shall consist of separate petition papers each of which1521
shall contain signatures of electors of only one county; provided1522
that petitions containing signatures of electors of more than one1523
county shall not thereby be declared invalid. In case petitions1524
containing signatures of electors of more than one county are1525
filed, the board of elections shall determine the county from1526
which the majority of the signatures came, and only signatures1527
from this county shall be counted. Signatures from any other1528
county shall be invalid.1529

       All signatures on nominating petitions shall be written in1530
ink or indelible pencil.1531

       At the time of filing a nominating petition, the candidate1532
designated in the nominating petition, and joint candidates for1533
governor and lieutenant governor, shall pay to the election1534
officials with whom it is filed the fees specified for the office1535
under divisions (A) and (B) of section 3513.10 of the Revised1536
Code. The fees shall be disposed of by those election officials1537
in the manner that is provided in section 3513.10 of the Revised1538
Code for the disposition of other fees, and in no case shall a fee1539
required under that section be returned to a candidate.1540

       Candidates or joint candidates whose names are written on the1541
ballot, and who are elected, shall pay the same fees under section1542
3513.10 of the Revised Code that candidates who file nominating1543
petitions pay. Payment of these fees shall be a condition1544
precedent to the granting of their certificates of election.1545

       Each nominating petition shall contain a statement of1546
candidacy that shall be signed by the candidate or joint1547
candidates named in it. Such statement of candidacy shall1548
contain a declaration made under penalty of election falsification1549
that the candidate desires to be a candidate for the office named 1550
in it, and that the candidate is an elector qualified to vote for1551
the office the candidate seeks.1552

       The form of the nominating petition and statement of1553
candidacy shall be substantially as follows:1554

"STATEMENT OF CANDIDACY
1555

       I, ................................... (Name of candidate),1556
the undersigned, hereby declare under penalty of election1557
falsification that my voting residence is in ................1558
.......... Precinct of the ......................... (Township) or1559
(Ward and City, or Village) in the county of ............... Ohio;1560
that my post-office address is ............................1561
(Street and Number, if any, or Rural Route and Number) of the1562
............................... (City, Village, or post office) of1563
...................., Ohio; and that I am a qualified elector in1564
the precinct in which my voting residence is located. I hereby1565
declare that I desire to be a candidate for election to the office1566
of .............. in the ........................ (State,1567
District, County, City, Village, Township, or School District) for1568
the ...................................... (Full term or unexpired1569
term ending ................) at the General Election to be held1570
on the ........... day of ..............., ....1571

       I further declare that I am an elector qualified to vote for1572
the office I seek. Dated this ....... day of .............., ....1573

............................... 1574
(Signature of candidate) 1575

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY1576
OF THE FIFTH DEGREE.1577

       I, ................................., hereby constitute the1578
persons named below a committee to represent me:1579

Name Residence 1580

................................................................1581

................................................................1582

................................................................1583

................................................................1584

................................................................1585

NOMINATING PETITION
1586

       We, the undersigned, qualified electors of the state of Ohio,1587
whose voting residence is in the County, City, Village, Ward,1588
Township or Precinct set opposite our names, hereby nominate1589
.................... as a candidate for election to the office of1590
........................... in the ............................1591
(State, District, County, City, Village, Township, or School1592
District) for the ................. (Full term or unexpired term1593
ending ...................) to be voted for at the general1594
election next hereafter to be held, and certify that this person1595
is, in our opinion, well qualified to perform the duties of the1596
office or position to which the person desires to be elected.1597

_____________ _______________ ____________ _______ __________ _______ _______ 1598
Street 1599
Address 1600
or R.F.D. 1601
(Must use 1602
address on 1603
file with City, 1604
the board of Village or Date of 1605
Signature elections) Township Ward Precinct County Signing 1606
_____________ _______________ ____________ _______ __________ _______ _______ 1607

.................................................................1608

.................................................................1609

.................................................................1610

..........................., declares under penalty of election1611
falsification that such person is a qualified elector of the state1612
of Ohio and resides at the address appearing below such person's1613
signature hereto; that such person is the circulator of the1614
foregoing petition paper containing ................ signatures;1615
that such person witnessed the affixing of every signature; that1616
all signers were to the best of such person's knowledge and belief1617
qualified to sign; and that every signature is to the best of such1618
person's knowledge and belief the signature of the person whose1619
signature it purports to be.1620

......................... 1621
(Signature of circulator) 1622
......................... 1623
(Address) 1624

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY1625
OF THE FIFTH DEGREE."1626

       The secretary of state shall prescribe a form of nominating1627
petition for a group of candidates for the office of member of a1628
board of education, township office, and offices of municipal1629
corporations of under two thousand population.1630

       The secretary of state shall prescribe a form of statement of1631
candidacy and nominating petition, which shall be substantially1632
similar to the form of statement of candidacy and nominating1633
petition set forth in this section, that will be suitable for1634
joint candidates for the offices of governor and lieutenant1635
governor.1636

       If such petition nominates a candidate whose election is to1637
be determined by the electors of a county or a district or1638
subdivision within the county, it shall be filed with the board of1639
such county. If the petition nominates a candidate whose election1640
is to be determined by the voters of a subdivision located in more1641
than one county, it shall be filed with the board of the county in1642
which the major portion of the population of such subdivision is1643
located.1644

       If the petition nominates a candidate whose election is to be1645
determined by the electors of a district comprised of more than1646
one county but less than all of the counties of the state, it1647
shall be filed with the board of elections of the most populous1648
county in such district. If the petition nominates a candidate1649
whose election is to be determined by the electors of the state at1650
large, it shall be filed with the secretary of state.1651

       The secretary of state or a board of elections shall not1652
accept for filing a nominating petition of a person seeking to1653
become a candidate if that person, for the same election, has1654
already filed a declaration of candidacy, a declaration of intent1655
to be a write-in candidate, or a nominating petition, or has1656
become a candidate through party nomination at a primary election1657
or by the filling of a vacancy under section 3513.30 or 3513.31 of1658
the Revised Code for any state or county office, if the nominating1659
petition is for a state or county office, or for any municipal or1660
township office, for member of a city, local, or exempted village1661
board of education, or for member of a governing board of an1662
educational service center, if the nominating petition is for a1663
municipal or township office, or for member of a city, local, or1664
exempted village board of education, or for member of a governing1665
board of an educational service center.1666

       Sec. 3513.30.  (A)(1) Where only one valid declaration of1667
candidacy is filed for nomination as a candidate of a political1668
party for an office and such candidate dies prior to the tenth day1669
before the primary election, both of the following may occur:1670

       (a) The political party whose candidate died may fill the1671
vacancy so created as provided in division (A)(2) of this section.1672

       (b) Any major political party other than the one whose1673
candidate died may select a candidate as provided in division1674
(A)(2) of this section under either of the following1675
circumstances:1676

       (i) No person has filed a valid declaration of candidacy for1677
nomination as that party's candidate at the primary election.1678

       (ii) Only one person has filed a valid declaration of1679
candidacy for nomination as that party's candidate at the primary1680
election, that person has withdrawn or, died, or been disqualified1681
under section 3513.052 of the Revised Code, and the vacancy so1682
created has not been filled.1683

       (2) A vacancy may be filled under division (A)(1)(a) and a1684
selection may be made under division (A)(1)(b) of this section by1685
the appropriate committee of the political party in the same1686
manner as provided in divisions (A) throughto (E) of section1687
3513.31 of the Revised Code for the filling of similar vacancies1688
created by withdrawals or disqualifications under section 3513.0521689
of the Revised Code after the primary election, except that the1690
certification required under that section may not be filed with1691
the secretary of state, or with a board of the most populous1692
county of a district, or with the board of a county in which the1693
major portion of the population of a subdivision is located, later1694
than four p.m. of the tenth day before the day of such primary1695
election, or with any other board later than four p.m. of the1696
fifth day before the day of such primary election.1697

       (3) If only one valid declaration of candidacy is filed for1698
nomination as a candidate of a political party for an office and1699
that candidate dies on or after the tenth day before the day of1700
the primary election, that candidate is considered to have1701
received the nomination of that candidate's political party at1702
that primary election, and, for purposes of filling the vacancy so1703
created, that candidate's death shall be treated as if that1704
candidate died on the day after the day of the primary election.1705

       (B) Any person filing a declaration of candidacy may1706
withdraw as such candidate at any time prior to the primary1707
election, or, if the primary election is a presidential primary1708
election, at any time prior to the fiftieth day before the1709
presidential primary election. The withdrawal shall be effected1710
and the statement of withdrawal shall be filed in accordance with1711
the procedures prescribed in division (D) of this section for the1712
withdrawal of persons nominated in a primary election or by1713
nominating petition.1714

       (C) A person who is the first choice for president of the1715
United States by a candidate for delegate or alternate to a1716
national convention of a political party may withdraw consent for1717
the selection of the person as such first choice no later than1718
four p.m. of the thirtieth day before the day of the presidential1719
primary election. Withdrawal of consent shall be for the entire1720
slate of candidates for delegates and alternates who named such1721
person as their presidential first choice and shall constitute1722
withdrawal from the primary election by such delegates and1723
alternates. The withdrawal shall be made in writing and delivered1724
to the secretary of state. The boards of elections shall remove1725
both the name of the withdrawn first choice and the names of such1726
withdrawn candidates from the ballots to the extent practicable in1727
the time remaining before the election and according to the1728
directions of the secretary of state. If such names are not1729
removed from all ballots before the day of the election, the votes1730
for the withdrawn first choice or candidates are void and shall1731
not be counted.1732

       (D) Any person nominated in a primary election or by1733
nominating petition as a candidate for election at the next1734
general election may withdraw as such candidate at any time prior1735
to the general election. Such withdrawal may be effected by the1736
filing of a written statement by such candidate announcing the1737
candidate's withdrawal and requesting that the candidate's name1738
not be printed on the ballots. If such candidate's declaration of1739
candidacy or nominating petition was filed with the secretary of1740
state, the candidate's statement of withdrawal shall be addressed1741
to and filed with the secretary of state. If such candidate's1742
declaration of candidacy or nominating petition was filed with a1743
board of elections, the candidate's statement of withdrawal shall1744
be addressed to, and filed with such board.1745

       (E) When a person withdraws under division (B) or (D) of1746
this section, the board of elections shall remove the name of the1747
withdrawn candidate from the ballots to the extent practicable in1748
the time remaining before the election and according to the1749
directions of the secretary of state. If the name is not removed1750
from all ballots before the day of the election, the votes for the1751
withdrawn candidate are void and shall not be counted.1752

       Sec. 3513.31.  (A) If a person nominated in a primary1753
election as a candidate for election at the next general election,1754
whose candidacy is to be submitted to the electors of the entire1755
state, withdraws as that candidate or is disqualified as that1756
candidate under section 3513.052 of the Revised Code, the vacancy1757
in the party nomination so created may be filled by the state1758
central committee of the major political party that made the1759
nomination at the primary election, if the committee's chairperson1760
and secretary certify the name of the person selected to fill the1761
vacancy by the time specified in this division, at a meeting1762
called for that purpose. The meeting shall be called by the1763
chairperson of that committee, who shall give each member of the1764
committee at least two days' notice of the time, place, and1765
purpose of the meeting. If a majority of the members of the1766
committee are present at the meeting, a majority of those present1767
may select a person to fill the vacancy. The chairperson and1768
secretary of the meeting shall certify in writing and under oath1769
to the secretary of state, not later than the seventy-sixth day1770
before the day of the general election, the name of the person1771
selected to fill the vacancy. The certification must be1772
accompanied by the written acceptance of the nomination by the1773
person whose name is certified. A vacancy that may be filled by1774
an intermediate or minor political party shall be filled in1775
accordance with the party's rules by authorized officials of the1776
party. Certification must be made as in the manner provided for a1777
major political party.1778

       (B) If a person nominated in a primary election as a party1779
candidate for election at the next general election, whose1780
candidacy is to be submitted to the electors of a district1781
comprised of more than one county but less than all of the1782
counties of the state, withdraws as that candidate or is1783
disqualified as that candidate under section 3513.052 of the1784
Revised Code, the vacancy in the party nomination so created may1785
be filled by a district committee of the major political party1786
that made the nomination at the primary election, if the1787
committee's chairperson and secretary certify the name of the1788
person selected to fill the vacancy by the time specified in this1789
division, at a meeting called for that purpose. The district1790
committee shall consist of the chairperson and secretary of the1791
county central committee of such political party in each county in1792
the district. The district committee shall be called by the1793
chairperson of the county central committee of such political1794
party of the most populous county in the district, who shall give1795
each member of the district committee at least two days' notice of1796
the time, place, and purpose of the meeting. If a majority of the1797
members of the district committee are present at the district1798
committee meeting, a majority of those present may select a person1799
to fill the vacancy. The chairperson and secretary of the meeting1800
shall certify in writing and under oath to the board of elections1801
of the most populous county in the district, not later than four1802
p.m. of the seventy-sixth day before the day of the general1803
election, the name of the person selected to fill the vacancy. The1804
certification must be accompanied by the written acceptance of the1805
nomination by the person whose name is certified. A vacancy that1806
may be filled by an intermediate or minor political party shall be1807
filled in accordance with the party's rules by authorized1808
officials of the party. Certification must be made as in the1809
manner provided for a major political party.1810

       (C) If a person nominated in a primary election as a party1811
candidate for election at the next general election, whose1812
candidacy is to be submitted to the electors of a county,1813
withdraws as that candidate or is disqualified as that candidate1814
under section 3513.052 of the Revised Code, the vacancy in the1815
party nomination so created may be filled by the county central1816
committee of the major political party that made the nomination at1817
the primary election, or by the county executive committee if so1818
authorized, if the committee's chairperson and secretary certify1819
the name of the person selected to fill the vacancy by the time1820
specified in this division, at a meeting called for that purpose.1821
The meeting shall be called by the chairperson of that committee,1822
who shall give each member of the committee at least two days'1823
notice of the time, place, and purpose of the meeting. If a1824
majority of the members of the committee are present at the1825
meeting, a majority of those present may select a person to fill1826
the vacancy. The chairperson and secretary of the meeting shall1827
certify in writing and under oath to the board of that county, not1828
later than four p.m. of the seventy-sixth day before the day of1829
the general election, the name of the person selected to fill the1830
vacancy. The certification must be accompanied by the written1831
acceptance of the nomination by the person whose name is1832
certified. A vacancy that may be filled by an intermediate or1833
minor political party shall be filled in accordance with the1834
party's rules by authorized officials of the party. Certification1835
must be made as in the manner provided for a major political1836
party.1837

       (D) If a person nominated in a primary election as a party1838
candidate for election at the next general election, whose1839
candidacy is to be submitted to the electors of a district within1840
a county, withdraws as that candidate or is disqualified as that1841
candidate under section 3513.052 of the Revised Code, the vacancy1842
in the party nomination so created may be filled by a district1843
committee consisting of those members of the county central1844
committee or, if so authorized, those members of the county1845
executive committee in that county of the major political party1846
that made the nomination at the primary election who represent the1847
precincts or the wards and townships within the district, if the1848
committee's chairperson and secretary certify the name of the1849
person selected to fill the vacancy by the time specified in this1850
division, at a meeting called for that purpose. The district1851
committee meeting shall be called by the chairperson of the county1852
central committee or executive committee, as appropriate, who1853
shall give each member of the district committee at least two1854
days' notice of the time, place, and purpose of the meeting. If a1855
majority of the members of the district committee are present at1856
the district committee meeting, a majority of those present may1857
select a person to fill the vacancy. The chairperson and1858
secretary of the district committee meeting shall certify in1859
writing and under oath to the board of the county, not later than1860
four p.m. of the seventy-sixth day before the day of the general1861
election, the name of the person selected to fill the vacancy. The1862
certification must be accompanied by the written acceptance of the1863
nomination by the person whose name is certified. A vacancy that1864
may be filled by an intermediate or minor political party shall be1865
filled in accordance with the party's rules by authorized1866
officials of the party. Certification must be made as in the1867
manner provided for a major political party.1868

       (E) If a person nominated in a primary election as a party1869
candidate for election at the next general election, whose1870
candidacy is to be submitted to the electors of a subdivision1871
within a county, withdraws as that candidate or is disqualified as1872
that candidate under section 3513.052 of the Revised Code, the1873
vacancy in the party nomination so created may be filled by a1874
subdivision committee consisting of those members of the county1875
central committee or, if so authorized, those members of the1876
county executive committee in that county of the major political1877
party that made the nomination at that primary election who1878
represent the precincts or the wards and townships within that1879
subdivision, if the committee's chairperson and secretary certify1880
the name of the person selected to fill the vacancy by the time1881
specified in this division, at a meeting called for that purpose.1882

       The subdivision committee meeting shall be called by the1883
chairperson of the county central committee or executive1884
committee, as appropriate, who shall give each member of the1885
subdivision committee at least two days' notice of the time,1886
place, and purpose of the meeting. If a majority of the members1887
of the subdivision committee are present at the subdivision1888
committee meeting, a majority of those present may select a person1889
to fill the vacancy. The chairperson and secretary of the1890
subdivision committee meeting shall certify in writing and under1891
oath to the board of the county, not later than four p.m. of the1892
seventy-sixth day before the day of the general election, the name1893
of the person selected to fill the vacancy. The certification1894
must be accompanied by the written acceptance of the nomination by1895
the person whose name is certified. A vacancy that may be filled1896
by an intermediate or minor political party shall be filled in1897
accordance with the party's rules by authorized officials of the1898
party. Certification must be made in the manner provided for a1899
major political party.1900

       (F) If a person nominated by petition as an independent or1901
nonpartisan candidate for election at the next general election1902
withdraws as that candidate or is disqualified as that candidate1903
under section 3513.052 of the Revised Code, the vacancy so created1904
may be filled by a majority of the committee of five, as1905
designated on the candidate's nominating petition, if a member of1906
that committee certifies in writing and under oath to the election1907
officials with whom the candidate filed the candidate's nominating1908
petition, not later than the seventy-sixth day before the day of1909
the general election, the name of the person selected to fill the1910
vacancy. The certification shall be accompanied by the written1911
acceptance of the nomination by the person whose name is certified1912
and shall be made in the manner provided for a major political1913
party.1914

       (G) If a person nominated in a primary election as a party1915
candidate for election at the next general election dies, the1916
vacancy so created may be filled by the same committee in the same1917
manner as provided in this section for the filling of similar1918
vacancies created by withdrawals or disqualifications under1919
section 3513.052 of the Revised Code, except that the1920
certification, when filling a vacancy created by death, may not be1921
filed with the secretary of state, or with a board of the most1922
populous county of a district, or with the board of a county in1923
which the major portion of the population of a subdivision is1924
located, later than four p.m. of the tenth day before the day of1925
such general election, or with any other board later than four1926
p.m. of the fifth day before the day of such general election.1927

       (H) If a person nominated by petition as an independent or1928
nonpartisan candidate for election at the next general election1929
dies prior to the tenth day before the day of that general1930
election, the vacancy so created may be filled by a majority of1931
the committee of five designated in the nominating petition to1932
represent the candidate named in it. To fill the vacancy a member1933
of the committee shall, not later than four p.m. of the fifth day1934
before the day of the general election, file with the election1935
officials with whom the petition nominating the person was filed,1936
a certificate signed and sworn to under oath by a majority of the1937
members, designating the person they select to fill the vacancy.1938
The certification must be accompanied by the written acceptance of1939
the nomination by the person whose name is so certified.1940

       (I) If a person holding an elective office dies or resigns1941
subsequent to the one-hundredth day before the day of a primary1942
election and prior to the seventy-sixth day before the day of the1943
next general election, and if, under the laws of this state, a1944
person may be elected at that general election to fill the1945
unexpired term of the person who has died or resigned, the1946
appropriate committee of each political party, acting as in the1947
case of a vacancy in a party nomination, as provided in divisions1948
(A) to (D) of this section, may select a person as the party1949
candidate for election for such unexpired term at that general1950
election, and certify the person's name to the appropriate1951
election official not later than four p.m. on the seventy-sixth1952
day before the day of that general election, or on the tenth day1953
following the day on which the vacancy occurs, whichever is later.1954
When the vacancy occurs on or subsequent to the seventy-sixth day1955
and six or more days prior to the fortieth day before the general1956
election, the appropriate committee may select a person as the1957
party candidate and certify the person's name, as provided in the1958
preceding sentence, not later than four p.m. on the tenth day1959
following the day on which the vacancy occurs. When the vacancy1960
occurs fewer than six days before the fortieth day before the1961
general election, the deadline for filing shall be four p.m. on1962
the thirty-sixth day before the general election. Thereupon the1963
name shall be printed as the party candidate under proper titles1964
and in the proper place on the proper ballots for use at the1965
election. If a person has been nominated in a primary election,1966
the authorized committee of that political party shall not select1967
and certify a person as the party candidate.1968

       (J) Each person desiring to become an independent candidate1969
to fill the unexpired term shall file a statement of candidacy and1970
nominating petition, as provided in section 3513.261 of the1971
Revised Code, with the appropriate election official not later1972
than four p.m. on the tenth day following the day on which the1973
vacancy occurs, provided that when the vacancy occurs fewer than1974
six days before the fortieth day before the general election, the1975
deadline for filing shall be four p.m. on the thirty-sixth day1976
before the general election. The nominating petition shall1977
contain at least seven hundred fifty signatures and no more than1978
one thousand five hundred signatures of qualified electors of the1979
district, political subdivision, or portion of a political1980
subdivision in which the office is to be voted upon, or the amount1981
provided for in section 3513.257 of the Revised Code, whichever is1982
less.1983

       (K) When a person nominated as a candidate by a political1984
party in a primary election or by nominating petition for an1985
elective office for which candidates are nominated at a party1986
primary election withdraws or, dies, or is disqualified under1987
section 3513.052 of the Revised Code prior to the general1988
election, the appropriate committee of any other major political1989
party or committee of five that has not nominated a candidate for1990
that office, or whose nominee as a candidate for that office has1991
withdrawn or, died, or been disqualified without the vacancy so1992
created having been filled, may, acting as in the case of a1993
vacancy in a party nomination or nomination by petition as1994
provided in divisions (A) to (F) of this section, whichever is1995
appropriate, select a person as a candidate of that party or of1996
that committee of five for election to the office.1997

       Sec. 3517.02.  All members of controlling committees of a1998
major or intermediate political party shall be elected by direct1999
vote of the members of the party, except as otherwise provided in2000
section 3517.05 of the Revised Code. Their names shall be placed2001
upon the official ballot, and, notwithstanding division (B) of2002
section 3513.23 of the Revised Code, the persons receiving the2003
highest number of votes for committeemencommitteepersons shall be2004
the members of suchthose controlling committees. Each member of2005
sucha controlling committee shall be a resident and qualified2006
elector of the district, ward, or precinct which he that the2007
member is elected to represent. All members of controlling2008
committees of a minor political party shall be determined in2009
accordance with party rules.2010

       Each political party shall file with the office of the2011
secretary of state a copy of its constitution and bylaws, if any,2012
within thirty days of adoption or amendment. Each such party2013
shall also file with the office of the secretary of state a list2014
of members of its controlling committees, and other party2015
officials within thirty days of their election or appointment.2016

       Sec. 3517.03.  The controlling committees of each major2017
political party or organization shall be a state central committee2018
consisting of two members, one a man and one a woman, representing2019
either each congressional district in the state or each senatorial2020
district in the state, as the outgoing committee determines; a2021
county central committee consisting of one member from each2022
election precinct in the county, or of one member from each ward2023
in each city and from each township in the county, as the outgoing2024
committee determines; and such district, city, township, or other2025
committees as the rules of the party provide.2026

       All the members of such committees shall be members of the2027
party and shall be elected for terms of either two or four years,2028
as determined by party rules, by direct vote at the primary held2029
in an even-numbered year. CandidatesExcept as otherwise provided2030
in section 3517.02 of the Revised Code, candidates for election as2031
state central committee members shall be elected at primaries in2032
the same manner as provided in sections 3513.01 to 3513.32 of the2033
Revised Code, for the nomination of candidates for office in a2034
county. Candidates for election as members of the county central2035
committee shall be elected at primaries in the same manner as2036
provided in suchthose sections for the nomination of candidates2037
for county offices, except as otherwise provided in section2038
sections 3513.051 and 3517.02 of the of the Revised Code.2039

       Each major party controlling committee shall elect an2040
executive committee whichthat shall have suchthe powers as are2041
granted to it by the party controlling committee, and as are2042
provided to it by law. When a judicial, senatorial, or2043
congressional district is comprised of more than one county, the2044
chairperson and secretary of the county central committee from2045
each county in suchthat district shall constitute the judicial,2046
senatorial, or congressional committee of suchthe district. When2047
a judicial, senatorial, or congressional district is included2048
within a county, the county central committee shall constitute the2049
judicial, senatorial, or congressional committee of suchthe2050
district.2051

       The controlling committee of each intermediate political2052
party or organization shall be a state central committee2053
consisting of two members, one a man and one a woman, from each2054
congressional district in the state. All members of suchthe2055
committee shall be members of the party and shall be elected by2056
direct vote at the primary held in the even-numbered years.2057
CandidatesExcept as otherwise provided in section 3517.02 of the2058
Revised Code, candidates for election shall be elected at the2059
primary in the same manner as provided in sections 3513.01 to2060
3513.32 of the Revised Code. An intermediate political party may2061
have such other party organization as its rules provide. Each2062
intermediate party shall file the names and addresses of its2063
officers with the secretary of state.2064

       A minor political party may elect controlling committees at a2065
primary election in the even-numbered year by filing a plan for2066
party organization with the secretary of state on or before the2067
ninetieth day before the day of the primary election. SuchThe2068
plan shall specify which offices are to be elected and provide the2069
procedure for qualification of candidates for suchthose offices.2070
Candidates to be elected pursuant to suchthe plan shall be2071
required to be designated and qualified on or before the ninetieth2072
day before the day of the election. Such parties may, in lieu of2073
electing a controlling committee or other officials, choose such2074
committee or other officials in accordance with party rules. Each2075
such party shall file the names and addresses of members of its2076
controlling committee and party officers with the secretary of2077
state.2078

       Sec. 3519.03. (A) The committee named in a initiative2079
petition may prepare the argument or explanation, or both, in2080
favor of the measure proposed, and the committee named in a2081
referendum petition may prepare the argument or explanation, or2082
both, against any law,or section, or item of law. The persons2083
who prepare the argument or explanation, or both, in opposition to2084
the initiated proposal, or the argument or explanation, or both,2085
in favor of the measure to be referred shall be named by the2086
general assembly, if it is in session, and if not in session, then2087
or by the governor, if the general assembly is not in session.2088
Such argument or explanation, or both, shall not exceed three2089
hundred words, and shall be filed with the secretary of state at2090
least seventy-five days prior to the date of the election at which2091
the measure is to be voted upon.2092

       (B)(1) If the committee named in an initiative petition, the2093
committee named in a referendum petition, or other persons2094
designated under division (A) of this section fail to prepare and2095
file their arguments or explanations by the seventy-fifth day2096
before the date of the election, the secretary of state shall2097
notify the Ohio ballot board that those arguments or explanations2098
have not been so prepared and filed. The board then shall prepare2099
the missing arguments or explanations or designate a group of2100
persons to prepare those arguments or explanations. All arguments2101
or explanations prepared under this division shall be filed with2102
the secretary of state no later than seventy days before the date2103
of the election. No argument or explanation shall exceed three2104
hundred words.2105

       (2) If the Ohio ballot board fails to provide for the2106
preparation of missing arguments or explanations under division2107
(B)(1) of this section after being notified by the secretary of2108
state that one or more arguments or explanations have not been2109
timely prepared and filed, the positions of the four appointed2110
members of the board shall be considered vacant, and new members2111
shall be appointed in the manner provided for original2112
appointments.2113

       Sec. 3599.09. Whoever knowingly violates division (A) of2114
section 3513.052 is guilty of seeking nomination or election to2115
more than one prohibited office at the same election and shall be2116
fined not more than five hundred dollars.2117

       Section 2. That existing sections 107.08, 3501.01, 3501.38,2118
3501.39, 3505.03, 3505.061, 3505.062, 3505.063, 3513.04, 3513.041,2119
3513.05, 3513.23, 3513.251, 3513.253, 3513.254, 3513.255,2120
3513.257, 3513.259, 3513.261, 3513.30, 3513.31, 3517.02, 3517.03,2121
and 3519.03 of the Revised Code are hereby repealed.2122

       Section 3.  Sections 3513.255 and 3513.259 of the Revised2123
Code are presented in this act as composites of the sections as2124
amended by both Am. Sub. H.B. 99 and Am. Sub. H.B. 117 of the2125
121st General Assembly. The General Assembly, applying the2126
principle stated in division (B) of section 1.52 of the Revised2127
Code that amendments are to be harmonized if reasonably capable of2128
simultaneous operation, finds that the composites are the2129
resulting versions of the sections in effect prior to the2130
effective date of the sections as presented in this act.2131

       Section 4. Sections 1, 2, and 3 of this act shall take effect2132
January 1, 2003.2133