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, and | 57 |
3519.03 be amended and sections 3513.052 and 3599.09 of the | 58 |
Revised Code be enacted to read as follows: | 59 |
Sec. 107.08. The office of a judge is vacant at the | 60 |
expiration of the term of
the incumbent when no person has been | 61 |
elected as
histhe judge's
successor.
SuchThe vacancy
shall be | 62 |
filled by appointment by the governor. If the appointment is to a | 63 |
court of appeals, court of common pleas, or municipal court, the | 64 |
clerk of the
court shall give written notice to the board of | 65 |
elections responsible for
conducting elections for that court of | 66 |
the name of the appointee. A successor
shall be elected for the | 67 |
unexpired term at the first general election for the
office that | 68 |
occurs more than
thirtyforty days after
suchthe appointment. | 69 |
(D) "Special election" means any election other than those | 80 |
elections defined in other divisions of this section. A special | 81 |
election may be held only on the first Tuesday after the first | 82 |
Monday in February, May, August, or November, or on the day | 83 |
authorized by a particular municipal or county charter for the | 84 |
holding of a primary election, except that in any year in which a | 85 |
presidential primary election is held, no special election shall | 86 |
be held in February or May, except as authorized by a municipal
or | 87 |
county charter, but may be held on the first Tuesday
after the | 88 |
first Monday in
March. | 89 |
(E)(1) "Primary" or "primary election" means an election | 90 |
held for the purpose of nominating persons as candidates of | 91 |
political parties for election to offices, and for the purpose of | 92 |
electing persons as members of the controlling committees of | 93 |
political parties and as delegates and alternates to the | 94 |
conventions of political parties. Primary elections shall be
held | 95 |
on the first Tuesday after the first Monday in May of each
year | 96 |
except in years in which a presidential primary election is
held. | 97 |
(2) "Presidential primary election" means a primary
election | 98 |
as defined by division (E)(1) of this
section at which an election | 99 |
is held for the purpose of choosing
delegates and alternates to | 100 |
the national conventions of the major
political parties pursuant | 101 |
to section 3513.12 of the Revised
Code. Unless otherwise | 102 |
specified, presidential primary elections
are included in | 103 |
references to primary elections. In years in
which a presidential | 104 |
primary election is held, all primary
elections shall be held on | 105 |
the first Tuesday after the
first Monday in March
except as | 106 |
otherwise authorized by a municipal or county charter. | 107 |
(3) "Minor political party" means any political party | 121 |
organized under the laws of this state whose candidate for | 122 |
governor or nominees for presidential electors received less than | 123 |
ten per cent but not less than five per cent of the total vote | 124 |
cast for such office at the most recent regular
state election
or | 125 |
which has filed with the secretary of state, subsequent to any | 126 |
election in which it received less than five per cent of such | 127 |
vote, a petition signed by qualified electors equal in number to | 128 |
at least one per cent of the total vote cast for such office in | 129 |
the last preceding regular state election, except that a newly | 130 |
formed political party shall be known as a minor political party | 131 |
until the time of the first election for governor or president | 132 |
which occurs not less than twelve months subsequent to the | 133 |
formation of such party, after which election the status of such | 134 |
party shall be determined by the vote for the office of governor | 135 |
or president. | 136 |
(H) "Candidate" means any qualified person certified in | 143 |
accordance with the provisions of the Revised Code for placement | 144 |
on the official ballot of a primary, general, or special election | 145 |
to be held in this state, or any qualified person who claims to be | 146 |
a
write-in candidate, or who
knowingly assents to being | 147 |
represented as a
write-in candidate by another at either a | 148 |
primary,
general, or special election to be held in this state. | 149 |
(J) "Nonpartisan candidate" means any candidate whose name | 156 |
is required, pursuant to section 3505.04 of the Revised Code, to | 157 |
be listed on the nonpartisan ballot, including all candidates for | 158 |
judicial office, for member of any board of education, for | 159 |
municipal or township offices in which primary elections are not | 160 |
held for nominating candidates by political parties, and for | 161 |
offices of municipal corporations having charters that provide
for | 162 |
separate ballots for elections for these offices. | 163 |
(K) "Party candidate" means any candidate who claims to be a | 164 |
member of a
political party,
whose name has been certified
on the | 165 |
office-type ballot at a general or special election
through the | 166 |
filing of a declaration of candidacy and petition of
candidate, | 167 |
and who has won the primary election of the
candidate's party for | 168 |
the public office the candidate seeks or is selected
by party | 169 |
committee in accordance with section 3513.31 of the Revised Code. | 170 |
(L) "Officer of a political party" includes, but is not | 171 |
limited to, any member, elected or appointed, of a controlling | 172 |
committee, whether representing the territory of the state, a | 173 |
district therein, a county, township, a city, a ward, a precinct, | 174 |
or other territory, of a major, intermediate, or minor political | 175 |
party. | 176 |
(V) "Acknowledgment notice" means a notice sent by a board | 213 |
of elections, on a
form prescribed by the secretary of state, | 214 |
informing a voter registration
applicant or an applicant who | 215 |
wishes to change the
applicant's residence or name of the status | 216 |
of
the application; the information necessary to complete or | 217 |
update
the application, if any; and if the application is | 218 |
complete,
the precinct in which the applicant is to vote. | 219 |
(X) "Designated agency" means an office or agency in the | 224 |
state that provides
public assistance or that provides | 225 |
state-funded programs primarily engaged in
providing services to | 226 |
persons with disabilities and that is required by the
National | 227 |
Voter Registration Act of 1993 to implement a program designed and | 228 |
administered by the secretary of state for registering voters, or | 229 |
any other
public or government office or agency that implements a | 230 |
program designed and
administered by the secretary of state for | 231 |
registering voters, including the
department of job and family | 232 |
services, the program
administered under section 3701.132
of the | 233 |
Revised Code by the department of health, the department of mental | 234 |
health, the department of mental retardation and developmental | 235 |
disabilities,
the rehabilitation services commission, and any | 236 |
other
agency the secretary of state designates. "Designated | 237 |
agency" does
not include public high schools and vocational | 238 |
schools, public libraries, or
the office of a county treasurer. | 239 |
Sec. 3501.38. All declarations of candidacy, nominating | 245 |
petitions, or other petitions presented to or filed with the | 246 |
secretary of state or a board of elections or with any other | 247 |
public office for the purpose of becoming a candidate for any | 248 |
nomination or office or for the holding of an election on any | 249 |
issue shall, in addition to meeting the other specific | 250 |
requirements prescribed in the sections of the Revised Code | 251 |
relating
to them, be governed by the following rules: | 252 |
(C) Each signer shall place on the petition after
the | 261 |
signer's name the date of signing and the location of
the | 262 |
signer's voting residence, including the street and number if in a | 263 |
municipal corporation or
the rural route number, post office | 264 |
address, or township if
outside a municipal corporation. The | 265 |
voting address given on the
petition shall be the address | 266 |
appearing in the registration
records at the board of elections. | 267 |
(E) On each petition paper, the circulator shall indicate | 272 |
the number of signatures contained
on it, and shall sign a | 273 |
statement made under penalty of election falsification that
the | 274 |
circulator witnessed the affixing of every signature, that all | 275 |
signers
were to the best of
the circulator's knowledge and
belief | 276 |
qualified to sign, and that every signature is to the best
of
the | 277 |
circulator's knowledge and belief the signature of the
person | 278 |
whose
signature it purports to be. | 279 |
(B)
AExcept as otherwise provided in section 3513.052 of the | 321 |
Revised Code, a board of elections shall not invalidate any | 322 |
declaration of
candidacy or nominating petition under division | 323 |
(A)(3) of this
section after the fiftieth day prior to the | 324 |
election at which the candidate
seeks nomination to office, if the | 325 |
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
the | 328 |
names of all candidates for election to offices, except
judicial | 329 |
offices, who were nominated at the most recent
primary
election as | 330 |
candidates of a political party or who were
nominated
in | 331 |
accordance with section 3513.02 of the Revised Code,
and the
names | 332 |
of all candidates for election to offices who were
nominated
by | 333 |
nominating petitions, except candidates for judicial
offices,
for | 334 |
member of the state board of education, for member
of a board
of | 335 |
education, for municipal offices, and for township
offices. | 336 |
The order in which the offices shall be listed on the
ballot | 346 |
shall be prescribed by, and certified to each board of
elections | 347 |
by, the secretary of state; provided that for state,
district, and | 348 |
county offices the order from top to bottom shall
be as follows: | 349 |
governor and lieutenant governor, attorney
general, auditor of | 350 |
state, secretary of state, treasurer of
state, United States | 351 |
senator, representative to congress, state
senator, state | 352 |
representative, county commissioner, county
auditor, prosecuting | 353 |
attorney, clerk of the court of common
pleas, sheriff, county | 354 |
recorder, county treasurer, county
engineer, and coroner. The | 355 |
offices of governor and lieutenant
governor shall be printed on | 356 |
the ballot in a manner that requires
a voter to cast one vote | 357 |
jointly for the candidates who have been
nominated by the same | 358 |
political party or petition. | 359 |
The names of all candidates for an office shall be arranged | 360 |
in a group under the title of that office, and, except for | 361 |
absentee ballots or when the number of candidates for a
particular | 362 |
office is the same as the number of candidates to be
elected for | 363 |
that office, shall be rotated from one precinct to
another. On | 364 |
absentee ballots, the names of all candidates for an
office shall | 365 |
be arranged in a group under the title of that
office and shall be | 366 |
so alternated that each name shall appear,
insofar as may be | 367 |
reasonably possible, substantially an equal
number of times at the | 368 |
beginning, at the end, and in each
intermediate place, if any, of | 369 |
the group in which such name
belongs, unless the number of | 370 |
candidates for a particular office
is the same as the number of | 371 |
candidates to be elected for that
office. | 372 |
The method of printing the ballots to meet the rotation | 373 |
requirement of this section shall be as follows:
Thethe least | 374 |
common multiple of the number of names in each of the several | 375 |
groups of candidates shall be used, and the number of changes made | 376 |
in the printer's forms in printing
suchthe ballots shall | 377 |
correspond
with
suchthat multiple. The board of elections shall | 378 |
number all
precincts in regular serial sequence. In the first | 379 |
precinct, the
names of the candidates in each group shall be | 380 |
listed in
alphabetical order. In each succeeding precinct, the | 381 |
name in
each group
whichthat is listed first in the preceding | 382 |
precinct shall
be listed last, and the name of each candidate | 383 |
shall be moved up
one place. In each precinct using paper | 384 |
ballots, the printed
ballots shall then be assembled in tablets. | 385 |
Under the name of each candidate nominated at a primary | 386 |
election and each candidate certified by a party committee to
fill | 387 |
a vacancy under section 3513.31 of the Revised Code shall be | 388 |
printed, in less prominent type face than that in which the | 389 |
candidate's name is printed, the name of the political party by | 390 |
which the candidate was nominated or certified.
Under the name of | 391 |
each nonjudicial candidate appearing on the ballot who filed a | 392 |
nominating
petition and requested a ballot designation under | 393 |
section 3513.257
of the Revised Code shall be printed, in less | 394 |
prominent type face
than that
in which the candidate's name is | 395 |
printed, the
designation of
"independent." | 396 |
Sec. 3505.061. (A) The Ohio ballot board, as authorized
by | 402 |
Section 1 of Article XVI, Ohio Constitution, shall consist of
the | 403 |
secretary of state and four appointed members. No more than
two | 404 |
of the appointed members shall be of the same political
party.
One | 405 |
of the members shall be appointed by the president of
the
senate, | 406 |
one shall be appointed by the
minortyminority leader
of
the | 407 |
senate, one shall be appointed by the speaker of the house
of | 408 |
representatives, and one shall be appointed by the minority
leader | 409 |
of the house of representatives. The appointments shall
be made | 410 |
no later than the last Monday in January in the year in
which the | 411 |
appointments are to be made. If any appointment is not
so made, | 412 |
the secretary of state, acting in place of the person
otherwise | 413 |
required to make the appointment, shall appoint as many
qualified | 414 |
members affiliated with the appropriate political party
as are | 415 |
necessary. | 416 |
(B) The initial appointees to the board shall serve until | 417 |
the first Monday in February, 1977. Thereafter, terms of office | 418 |
shall be for four years, each term ending on the first Monday in | 419 |
February. The term of the secretary of state on the board shall | 420 |
coincide with
histhe secretary of state's term of office
as | 421 |
secretary of state.
EachExcept as otherwise provided in division | 422 |
(B)(2) of section 3505.063 and division (B)(2) of section 3519.03 | 423 |
of the Revised Code, each appointed member
of the board shall hold | 424 |
office from the date of
his appointment until the end of the term | 425 |
for which
he was
appointed.
AnyExcept as otherwise provided in | 426 |
those divisions, any member appointed to fill a vacancy occurring | 427 |
prior to the expiration of the term for which
histhe member's | 428 |
predecessor was
appointed shall hold office for the remainder of | 429 |
suchthat term.
AnyExcept as otherwise provided in those | 430 |
divisions, any member shall continue in office subsequent to the | 431 |
expiration date
of
histhe member's term until
histhe member's | 432 |
successor takes office, or
until a period
of sixty days has | 433 |
elapsed, whichever occurs first. Any vacancy
occurring on the | 434 |
board shall be filled in the manner provided for
original | 435 |
appointments. A member appointed to fill a vacancy
shall be of | 436 |
the same political party as that required of the
member whom
he | 437 |
the member replaces. | 438 |
(D) The secretary of state shall be the
chairmanchairperson | 442 |
of
the board, and
hethe secretary of state or
histhe
secretary | 443 |
of state's representative shall have a vote equal to
that of any | 444 |
other member. The
vice-chairmanvice-chairperson
shall act as | 445 |
chairmanchairperson in the absence or disability of the
chairman | 446 |
chairperson, or during
a vacancy in that office. The board shall | 447 |
meet after notice of
at least seven days at a time and place | 448 |
determined by the
chairmanchairperson. At its first meeting, the | 449 |
board shall
elect a
vice-chairmanvice-chairperson from among its | 450 |
members for a term
of two years, and
it shall adopt rules for its | 451 |
procedures. After the first
meeting, the board shall meet at the | 452 |
call of the
chairmanchairperson or upon
the written request of | 453 |
three other members. Three members
constitute a quorum. No | 454 |
action shall be taken without the
concurrence of three members. | 455 |
(D)
Prepare, or designate a group of persons to prepare, | 472 |
arguments in support of or in opposition to a constitutional | 473 |
amendment proposed by a resolution of the general assembly, a | 474 |
constitutional amendment or state law proposed by initiative | 475 |
petition,
or a state law, or section or item of state law, subject | 476 |
to a referendum
petition, if the persons otherwise responsible for | 477 |
the preparation
of those arguments fail to timely prepare and file | 478 |
them; | 479 |
Sec. 3505.063. (A) When the general assembly adopts a | 487 |
resolution proposing a constitutional amendment, it
may, by | 488 |
resolution, designate a group of members who voted in support of | 489 |
the resolution to prepare arguments for the proposed amendment, | 490 |
and a group of members who voted in opposition to the resolution | 491 |
to prepare arguments against the proposed amendment. If no | 492 |
members voted in opposition to the resolution,
or if the general | 493 |
assembly chooses not to designate a group of members to prepare | 494 |
arguments for the proposed amendment or chooses not to designate a | 495 |
group of members to prepare arguments against the proposed | 496 |
amendment, the Ohio ballot
board
mayshall prepare
the relevant | 497 |
arguments
or
designate a group of
persons to prepare
the | 498 |
relevant arguments. All
arguments
prepared under this division | 499 |
shall be filed with the
secretary of state no later
than | 500 |
seventy-five days before the date
of the election. No
argument | 501 |
shall exceed three hundred words. | 502 |
(B)(1) If the group of members of the general assembly or | 503 |
other group of persons designated under division (A) of this | 504 |
section fail to prepare and file their arguments in support of or | 505 |
in opposition to the proposed amendment by the seventy-fifth day | 506 |
before the date of the election, the secretary of state shall | 507 |
notify the Ohio ballot board that those arguments have not been so | 508 |
prepared and filed. The board then shall prepare the missing | 509 |
arguments or designate a group of persons to prepare those | 510 |
arguments. All arguments prepared under this division shall be | 511 |
filed with the secretary of state no later than seventy days | 512 |
before the date of the election. No argument shall exceed three | 513 |
hundred words. | 514 |
(2) If the Ohio ballot board fails to provide for the | 515 |
preparation of missing arguments under division (B)(1) of this | 516 |
section after being notified by the secretary of state that one or | 517 |
more arguments have not been timely prepared and filed, the | 518 |
positions of the four appointed members of the board shall be | 519 |
considered vacant, and new members shall be appointed in the | 520 |
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 and | 523 |
arguments concerning proposed amendments, by means of direct mail | 524 |
or other written publication, broadcast, or
such other means, or | 525 |
combination of means, as the Ohio ballot board may direct, in | 526 |
order to inform the voters as fully as possible concerning | 527 |
proposed amendments. | 528 |
Sec. 3513.04. Candidates for party nominations to state, | 529 |
district, county, and municipal offices or positions, for which | 530 |
party nominations are provided by law, and for election as
members | 531 |
of party controlling committees shall have their names
printed on | 532 |
the official primary ballot by filing a declaration of
candidacy | 533 |
and paying the fees specified for the
office under divisions (A) | 534 |
and (B) of section 3513.10
of the Revised Code, except that the | 535 |
joint candidates for party nomination to the offices of governor | 536 |
and lieutenant governor shall, for the two of them, file one | 537 |
declaration of candidacy. The joint
candidates also shall pay the | 538 |
fees specified for the joint candidates under
divisions (A) and | 539 |
(B) of section 3513.10 of the Revised Code. | 540 |
The secretary of state shall not accept for filing the | 541 |
declaration of candidacy of a candidate for party nomination to | 542 |
the office of governor unless the declaration of candidacy also | 543 |
shows a joint candidate for the same party's nomination to the | 544 |
office of lieutenant governor, shall not accept for filing the | 545 |
declaration of candidacy of a candidate for party nomination to | 546 |
the office of lieutenant governor unless the declaration of | 547 |
candidacy also shows a joint candidate for the same party's | 548 |
nomination to the office of governor, and shall not accept for | 549 |
filing a declaration of candidacy that shows a candidate for
party | 550 |
nomination to the office of governor or lieutenant governor
who, | 551 |
for the same election,
has already
been shown as a candidate for | 552 |
party nomination to
the
office of governor
or lieutenant governor | 553 |
onfiled a
declaration of
candidacy
previously filed
and accepted | 554 |
for the same
primary
electionor a
declaration of intent to be a | 555 |
write-in candidate, or has become a candidate by the filling of a | 556 |
vacancy under section
3513.30 of the Revised Code for any other | 557 |
state office or any county office. | 558 |
No person who seeks party nomination for an office or | 559 |
position at a primary election by declaration of candidacy or by | 560 |
declaration of intent to be a write-in candidate
and no person who | 561 |
is a first choice for president of candidates seeking
election as | 562 |
delegates and alternates to the national conventions of the | 563 |
different major political parties who are chosen by direct vote of | 564 |
the
electors as provided in this chapter shall be permitted to | 565 |
become a candidate
by nominating petition or by declaration of | 566 |
intent to be a write-in
candidate at the following general | 567 |
election for any office
other than the office of member of
the | 568 |
state board of education, office of member of a city, local, or | 569 |
exempted
village board of education, office of member of a | 570 |
governing board of an
educational service center, or office of | 571 |
township trustee. | 572 |
Sec. 3513.041. A write-in space shall be provided on the | 573 |
ballot for every office, except in an
election for which the board | 574 |
of elections has received no valid
declarations of intent to be a | 575 |
write-in candidate under this
section. Write-in votes shall not | 576 |
be counted
for any candidate who has not filed a declaration of | 577 |
intent to be
a write-in candidate pursuant to this section. A | 578 |
qualified
person who has filed a declaration of intent may receive | 579 |
write-in
votes at either a primary or general election. Any | 580 |
candidate,
except one whose candidacy is to be submitted to | 581 |
electors
throughout the entire state, shall file a declaration of | 582 |
intent
to be a write-in candidate before four p.m. of the
fiftieth | 583 |
day
preceding the election at which such candidacy is to be | 584 |
considered. If the election is to be determined by electors of a | 585 |
county or a district or subdivision within the county, such | 586 |
declaration shall be filed with the board of elections of that | 587 |
county. If the election is to be determined by electors of a | 588 |
subdivision located in more than one county, such declaration | 589 |
shall be filed with the board of elections of the county in which | 590 |
the major portion of the population of such subdivision is | 591 |
located. If the election is to be determined by electors of a | 592 |
district comprised of more than one county but less than all of | 593 |
the counties of the state, such declaration shall be filed with | 594 |
the board of elections of the most populous county in such | 595 |
district. Any candidate for an office to be voted upon by | 596 |
electors throughout the entire state shall file a declaration of | 597 |
intent to be a write-in candidate with the secretary of state | 598 |
before four p.m. of the fiftieth day preceding
the election at | 599 |
which such candidacy is to be considered. In addition,
candidates | 600 |
for president and vice-president of the United States
shall also | 601 |
file with the secretary of state by said
fiftieth day
a slate of | 602 |
presidential electors sufficient in number to satisfy
the | 603 |
requirements of the United States constitution. | 604 |
A board of elections shall not accept for filing the | 605 |
declaration of intent to be a write-in candidate of a person | 606 |
seeking to become a candidate if
that
person, for the same | 607 |
election, has already filed a declaration of
candidacy,
a | 608 |
declaration of intent to be a write-in candidate,
or a
nominating | 609 |
petition, or has become a candidate through party nomination at a | 610 |
primary election or
by
the filling of a vacancy under section | 611 |
3513.30 or 3513.31 of
the
Revised Code, for any state or county | 612 |
office, if the declaration of intent to be a write-in candidate is | 613 |
for a state or county office, or for any municipal or township | 614 |
office, for member of a city, local, or exempted village board
of | 615 |
education, or for member of a governing board of an educational | 616 |
service center, if the declaration of intent to be a write-in | 617 |
candidate is for a municipal or township office, or for member of | 618 |
a
city, local, or exempted village board of education, or for | 619 |
member of a
governing board of an educational service center. | 620 |
No person shall file a declaration of intent to be a
write-in | 621 |
candidate for the office of governor unless the
declaration also | 622 |
shows the intent of another person to be a
write-in candidate for | 623 |
the office of lieutenant governor. No
person shall file a | 624 |
declaration of intent to be a write-in
candidate for the office of | 625 |
lieutenant governor unless the
declaration also shows the intent | 626 |
of another person to be a
write-in candidate for the office of | 627 |
governor. No person shall
file a declaration of intent to be a | 628 |
write-in candidate for the
office of governor or lieutenant | 629 |
governor if the person has
previously
filed a declaration of | 630 |
intent to be a write-in candidate to the
office of governor or | 631 |
lieutenant governor at the same primary or
general election. A | 632 |
write-in vote for the two candidates who
file such a declaration | 633 |
shall be counted as a vote for them as
joint candidates for the | 634 |
offices of governor and lieutenant
governor. | 635 |
The secretary of state shall not accept for filing the | 636 |
declaration of intent to be a write-in candidate of a person for | 637 |
the office of governor unless the declaration also shows the | 638 |
intent of another person to be a write-in candidate for the
office | 639 |
of lieutenant governor, shall not accept for filing the | 640 |
declaration of intent to be a write-in candidate of a person for | 641 |
the office of lieutenant governor unless the declaration also | 642 |
shows the intent of another person to be a write-in candidate for | 643 |
the office of governor, and shall not accept for filing the | 644 |
declaration of intent to be a write-in candidate of a person to | 645 |
the office of governor or lieutenant governor if that person, for | 646 |
the same election, has
already
been shown, onfiled a declaration | 647 |
of candidacy, a
declaration of intent
previously filed
and | 648 |
accepted for the same
primary or general electionto be a write-in | 649 |
candidate, or a nominating petition,
to be a
write-in candidate
to | 650 |
the
office of
governor
or lieutenant
governoror has become a | 651 |
candidate through
party nomination at a primary election or by the | 652 |
filling of a
vacancy under section 3513.30 or 3513.31 of the | 653 |
Revised Code, for
any other state office or any county office. | 654 |
Protests against the candidacy of any person filing a | 655 |
declaration of intent to be a write-in candidate may be filed by | 656 |
any qualified elector who is eligible to vote in the election at | 657 |
which the candidacy is to be considered. The protest shall be
in | 658 |
writing and shall be filed not later than four
p.m. of the | 659 |
forty-fifth day before the day
of the election. The protest shall | 660 |
be filed with the
board of elections with which the declaration of | 661 |
intent to be a write-in
candidate was
filed. Upon the filing of | 662 |
the protest, the board
with which it is filed shall promptly fix | 663 |
the time for hearing it
and shall proceed in regard to the hearing | 664 |
in the same manner as
for hearings set for protests filed under | 665 |
section 3513.05 of the
Revised Code. At the time fixed, the
board | 666 |
shall hear the protest and determine the validity or
invalidity of | 667 |
the declaration of intent to be a write-in
candidate. If the | 668 |
board finds that the candidate is not an elector of
the state, | 669 |
district, county, or political subdivision in which the candidate | 670 |
seeks election to office or has not fully complied with the | 671 |
requirements of Title XXXV of the Revised
Code in regard to the | 672 |
candidate's candidacy, the candidate's
declaration of
intent to be | 673 |
a write-in candidate shall be determined to be
invalid and shall | 674 |
be rejected; otherwise, it shall be determined
to be valid. The | 675 |
determination of the board is
final. | 676 |
Sec. 3513.05. Each person desiring to become a candidate
for | 679 |
a party nomination or for election to an office or position
to be | 680 |
voted for at a primary election, except persons desiring to
become | 681 |
joint candidates for the offices of governor and
lieutenant | 682 |
governor and except as otherwise provided in section 3513.051
of | 683 |
the Revised Code, shall, not later than four
p.m. of the | 684 |
seventy-fifth day before the day of the primary election, or if | 685 |
the primary election is a presidential primary election, not
later | 686 |
than four p.m. of the sixtieth day before the day of the | 687 |
presidential primary election, file a declaration of candidacy
and | 688 |
petition and pay the fees required under divisions
(A) and (B) of | 689 |
section 3513.10 of the
Revised Code. The declaration of candidacy | 690 |
and all separate
petition papers shall be filed at the same time | 691 |
as one
instrument. When the offices are to be voted for at a | 692 |
primary
election, persons desiring to become joint candidates for | 693 |
the
offices of governor and lieutenant governor shall, not later | 694 |
than
four p.m. of the seventy-fifth day before the day of the | 695 |
primary
election, comply with section 3513.04 of the Revised Code. | 696 |
The
prospective joint candidates' declaration of candidacy and all | 697 |
separate petition papers of candidacies shall be filed at the
same | 698 |
time as one instrument.
The secretary of state or a board of | 699 |
elections shall not accept for filing a declaration of candidacy | 700 |
and petition of a person seeking to become a candidate if that | 701 |
person, for the same election, has already filed a declaration of | 702 |
candidacy or a declaration of intent to be a write-in candidate, | 703 |
or has become a candidate by the filling of a vacancy under | 704 |
section 3513.30 of the Revised Code for any state or county | 705 |
office, if the declaration of candidacy is for a state or county | 706 |
office, or for any municipal or township office, if the | 707 |
declaration of candidacy is for a municipal or township office. | 708 |
If the declaration of candidacy declares a candidacy which
is | 709 |
to be submitted to electors throughout the entire state, the | 710 |
petition, including a petition for joint candidates for the | 711 |
offices of governor and lieutenant governor, shall be signed by
at | 712 |
least one thousand qualified electors who are members of the
same | 713 |
political party as the candidate or joint candidates, and the | 714 |
declaration of candidacy and petition shall be filed with the | 715 |
secretary of state; provided that the secretary of state shall
not | 716 |
accept or file any such petition appearing on its face to
contain | 717 |
signatures of more than three thousand electors. | 718 |
Except as otherwise provided in this paragraph, if the | 719 |
declaration of candidacy is of one that is to be submitted only
to | 720 |
electors within a district, political subdivision, or portion | 721 |
thereof, the petition shall be signed by not less than fifty | 722 |
qualified electors who are members of the same political party as | 723 |
the political party of which the candidate is a member. If the | 724 |
declaration of candidacy is for party nomination as a candidate | 725 |
for member of the legislative authority of a municipal
corporation | 726 |
elected by ward, the petition shall be signed by not
less than | 727 |
twenty-five qualified electors who are members of the
political | 728 |
party of which the candidate is a member. | 729 |
No such petition, except the petition for a candidacy that
is | 730 |
to be submitted to electors throughout the entire state, shall
be | 731 |
accepted for filing if it appears to contain on its face | 732 |
signatures of more than three times the minimum number of | 733 |
signatures. When a petition of a candidate has been accepted for | 734 |
filing by a board of elections, the petition shall not be deemed | 735 |
invalid if, upon verification of signatures contained in the | 736 |
petition, the board of elections finds the number of signatures | 737 |
accepted exceeds three times the minimum number of signatures | 738 |
required. A board of elections may discontinue verifying | 739 |
signatures on petitions when the number of verified signatures | 740 |
equals the minimum required number of qualified signatures. | 741 |
If the declaration of candidacy declares a candidacy for | 742 |
party nomination or for election as a candidate of an
intermediate | 743 |
or minor party, the minimum number of signatures on
such petition | 744 |
is one-half the minimum number provided in this
section, except | 745 |
that, when the candidacy is one for election as a
member of the | 746 |
state central committee or the county central
committee of a | 747 |
political party, the minimum number shall be the
same for an | 748 |
intermediate or minor party as for a major party. | 749 |
If a declaration of candidacy is one for election as a
member | 750 |
of the state central committee or the county central
committee of | 751 |
a political party, the petition shall be signed by
five qualified | 752 |
electors of the district, county, ward, township,
or precinct | 753 |
within which electors may vote for such candidate.
The electors | 754 |
signing such petition shall be members of the same
political party | 755 |
as the political party of which the candidate is
a member. | 756 |
If the declaration of candidacy is of one that is to be | 763 |
submitted only to electors within a county, or within a district | 764 |
or subdivision or part thereof smaller than a county, the
petition | 765 |
shall be filed with the board of elections of the
county. If the | 766 |
declaration of candidacy is of one that is to be
submitted only to | 767 |
electors of a district or subdivision or part
thereof that is | 768 |
situated in more than one county, the petition
shall be filed with | 769 |
the board of elections of the county within
which the major | 770 |
portion of the population thereof, as ascertained
by the next | 771 |
preceding federal census, is located. | 772 |
A petition shall consist of separate petition papers, each
of | 773 |
which shall contain signatures of electors of only one county.
| 774 |
Petitions or separate petition papers containing signatures of | 775 |
electors of more than one county shall not thereby be declared | 776 |
invalid. In case petitions or separate petition papers
containing | 777 |
signatures of electors of more than one county are
filed, the | 778 |
board shall determine the county from which the
majority of | 779 |
signatures came, and only signatures from such county
shall be | 780 |
counted. Signatures from any other county shall be
invalid. | 781 |
The secretary of state shall promptly transmit to each
board | 787 |
such separate petition papers of each petition accompanying
a | 788 |
declaration of candidacy filed with the secretary of state
as | 789 |
purport to contain
signatures of electors of the county of such | 790 |
board. The board of
the most populous county of a district shall | 791 |
promptly transmit to
each board within such district such separate | 792 |
petition papers of
each petition accompanying a declaration of | 793 |
candidacy filed with
it as purport to contain signatures of | 794 |
electors of the county of
each such board. The board of a county | 795 |
within which the major
portion of the population of a subdivision, | 796 |
situated in more than
one county, is located, shall promptly | 797 |
transmit to the board of
each other county within which a portion | 798 |
of such subdivision is
located such separate petition papers of | 799 |
each petition
accompanying a declaration of candidacy filed with | 800 |
it as purport
to contain signatures of electors of the portion of | 801 |
such
subdivision in the county of each such board. | 802 |
All petition papers so transmitted to a board and all | 803 |
petitions accompanying declarations of candidacy filed with such | 804 |
board shall, under proper regulations, be open to public | 805 |
inspection until four p.m. of the seventieth day before the day
of | 806 |
the next primary election, or if that next primary election is
a | 807 |
presidential primary election, the fifty-fifth day before that | 808 |
presidential primary election. Each board shall, not later than | 809 |
the sixty-eighth day before the day of such primary election, or | 810 |
if the primary election is a presidential primary election, not | 811 |
later than the fifty-third day before such presidential primary | 812 |
election, examine and determine the validity or invalidity of the | 813 |
signatures on the petition papers so transmitted to or filed with | 814 |
it and shall return to the secretary of state all petition papers | 815 |
transmitted to it by the secretary of state, together with its | 816 |
certification of its determination as to the validity or | 817 |
invalidity of signatures thereon, and shall return to each other | 818 |
board all petition papers transmitted to it by such board, | 819 |
together with its certification of its determination as to the | 820 |
validity or invalidity of the signatures thereon. All other | 821 |
matters affecting the validity or invalidity of such petition | 822 |
papers shall be determined by the secretary of state or the board | 823 |
with whom such petition papers were filed. | 824 |
Protests against the candidacy of any person filing a | 825 |
declaration of candidacy for party nomination or for election to | 826 |
an office or position, as provided in this section, may be filed | 827 |
by any qualified elector who is a member of the same political | 828 |
party as the candidate and who is eligible to vote at the primary | 829 |
election for the candidate whose declaration of candidacy the | 830 |
elector
objects to, or by the controlling committee of such party. | 831 |
Such
protest must be in writing, and must be filed not later than | 832 |
four
p.m. of the sixty-fourth day before the day of the primary | 833 |
election, or if the primary election is a presidential primary | 834 |
election, not later than four p.m. of the forty-ninth day before | 835 |
the day of the presidential primary election. Such protest shall | 836 |
be filed with the election officials with whom the declaration of | 837 |
candidacy and petition was filed. Upon the filing of such | 838 |
protest, the election officials with whom it is filed shall | 839 |
promptly fix the time for hearing it, and shall forthwith mail | 840 |
notice of the filing of such protest and the time fixed for | 841 |
hearing to the person whose candidacy is so protested. They
shall | 842 |
also forthwith mail notice of the time fixed for such
hearing to | 843 |
the person who filed the protest. At the time fixed,
such | 844 |
election officials shall hear the protest and determine the | 845 |
validity or invalidity of the declaration of candidacy and | 846 |
petition. If they find that such candidate is not an elector of | 847 |
the state, district, county, or political subdivision in which
the | 848 |
candidate seeks a party nomination or election to an office or | 849 |
position,
or
has not fully complied with this chapter, the | 850 |
candidate's
declaration of
candidacy and petition shall be | 851 |
determined to be invalid and
shall be rejected, otherwise it shall | 852 |
be determined to be valid.
Such determination shall be final. | 853 |
The secretary of state shall, on the sixtieth day before
the | 859 |
day of a primary election, or if the primary election is a | 860 |
presidential primary election, on the forty-fifth day before the | 861 |
day of the presidential primary election, certify to each board
in | 862 |
the state the forms of the official ballots to be used at such | 863 |
primary election, together with the names of the candidates to be | 864 |
printed thereon whose nomination or election is to be determined | 865 |
by electors throughout the entire state and who filed valid | 866 |
declarations of candidacy and petitions. | 867 |
The board of the most populous county in a district
comprised | 868 |
of more than one county but less than all of the
counties of the | 869 |
state shall on the sixtieth day before the day of
a primary | 870 |
election, or if the primary election is a presidential
primary | 871 |
election, on the forty-fifth day before the day of a
presidential | 872 |
primary election, certify to the board of each
county in the | 873 |
district the names of the candidates to be printed
on the official | 874 |
ballots to be used at such primary election,
whose nomination or | 875 |
election is to be determined only by electors
within such district | 876 |
and who filed valid declarations of
candidacy and petitions. | 877 |
The board of a county within which the major portion of the | 878 |
population of a subdivision smaller than the county and situated | 879 |
in more than one county is located shall, on the sixtieth day | 880 |
before the day of a primary election, or if the primary election | 881 |
is a presidential primary election, on the forty-fifth day before | 882 |
the day of a presidential primary election, certify to the board | 883 |
of each county in which a portion of such subdivision is located | 884 |
the names of the candidates to be printed on the official ballots | 885 |
to be used at such primary election, whose nomination or election | 886 |
is to be determined only by electors within such subdivision and | 887 |
who filed valid declarations of candidacy and petitions. | 888 |
Sec. 3513.052. (A) No person shall seek nomination or | 889 |
election to any of the following offices or positions at the same | 890 |
election by filing a declaration of candidacy and petition, a | 891 |
declaration of intent to be a write-in candidate, or a nominating | 892 |
petition, or by becoming a candidate through party nomination in a | 893 |
primary election, or by the filling of a vacancy under section | 894 |
3513.30 or 3513.31 of the Revised Code: | 895 |
(B) The secretary of state or a board of elections shall
not | 903 |
accept for filing a declaration of candidacy and petition, a | 904 |
declaration of intent to be a write-in candidate, or a nominating | 905 |
petition of a person seeking to become a candidate if that person, | 906 |
for the same election,
has already filed a
declaration of | 907 |
candidacy, a declaration of intent to be a
write-in candidate, or | 908 |
a nominating petition, or has become a candidate through party | 909 |
nomination at a
primary election or by the filling of a vacancy | 910 |
under section
3513.30 or 3513.31 of the Revised Code for: | 911 |
(2) Any municipal or township office, or for member of a | 915 |
city,
local, or exempted village board of education, or for member | 916 |
of a
governing board of an educational service center, if the | 917 |
declaration of candidacy, declaration of intent to be a write-in | 918 |
candidate, or nominating petition is for a municipal or township | 919 |
office, or for member of a city, local, or exempted village board | 920 |
of education, or for member of a governing board of an | 921 |
educational
service center. | 922 |
(a) If each office or the district for each office for which | 928 |
the person is seeking nomination is wholly within a single
county, | 929 |
the secretary of state shall notify the board of elections
of that | 930 |
county. The board then shall determine the
date on which the | 931 |
person first sought to become a candidate for
each of those | 932 |
offices by filing a declaration of candidacy or a
declaration of | 933 |
intent to be a write-in candidate or by the filling
of a vacancy | 934 |
under section 3513.30 of the Revised Code. The board
shall vote | 935 |
promptly to disqualify that person as a candidate for each office | 936 |
for
which the person sought to become a candidate after the date | 937 |
on
which the person first sought to become a candidate for any of | 938 |
those offices. If the board determines that the person sought to | 939 |
become a candidate for more than one of those offices on the same | 940 |
date, the board shall vote promptly to disqualify that person as a | 941 |
candidate for
each office that would be listed on the ballot below | 942 |
the highest office for which that person seeks nomination, | 943 |
according to the ballot order prescribed under section 3505.03 of | 944 |
the Revised Code. | 945 |
(b) If one or more of the offices for which the person is | 946 |
seeking nomination is a state office or an office with a district | 947 |
larger than a single county, the secretary of state shall | 948 |
determine the date on which the person first sought to become a | 949 |
candidate for each of those offices by filing a declaration of | 950 |
candidacy or a declaration of intent to be a write-in candidate or | 951 |
by the filling of a vacancy under section 3513.30 of the Revised | 952 |
Code. The secretary of state shall order the board of elections | 953 |
of each county in which the person is seeking to appear on
the | 954 |
ballot to disqualify that person as a candidate for each
office | 955 |
for which the person sought to become a candidate after the
date | 956 |
on which the person first sought to become a candidate for
any of | 957 |
those offices. If the secretary of state determines that
the | 958 |
person sought to become a candidate for more than one of those | 959 |
offices on the same date, the secretary of state shall order the | 960 |
board of elections of each county in which the person is seeking | 961 |
to appear on the ballot to disqualify that person as a
candidate | 962 |
for each office that would be listed on the ballot below the | 963 |
highest office for which that person seeks nomination, according | 964 |
to the ballot order prescribed under section 3505.03 of the | 965 |
Revised Code. Each
board of elections so notified shall vote | 966 |
promptly to disqualify
the person as a candidate in accordance | 967 |
with the order of the
secretary of state. | 968 |
(a) If each office or the district for each office for which | 973 |
the person is seeking nomination is wholly within that
county, | 974 |
the board shall determine the date on which
the person first | 975 |
sought to become a candidate for each of those
offices by filing a | 976 |
declaration of candidacy or a declaration of
intent to be a | 977 |
write-in candidate or by the filling of a vacancy
under section | 978 |
3513.30 of the Revised Code. The board shall
vote promptly to | 979 |
disqualify that person as a candidate for each office for which | 980 |
the person sought to become a candidate after the date on which | 981 |
the person first sought to become a candidate for any of those | 982 |
offices. If the board determines that the person sought to become | 983 |
a candidate for more than one of those offices on the same date, | 984 |
the board shall vote promptly to disqualify that person as a | 985 |
candidate for each office that would be listed on the ballot below | 986 |
the highest office for which that person seeks nomination, | 987 |
according to the ballot order prescribed under section 3505.03 of | 988 |
the Revised Code. | 989 |
(b) If one or more of the offices for which the person is | 990 |
seeking nomination is a state office or an office with a district | 991 |
larger than a single county, the board shall notify
the secretary | 992 |
of state. The secretary of state then shall
determine the date on | 993 |
which the person first sought to become a
candidate for each of | 994 |
those offices by filing a declaration of
candidacy or a | 995 |
declaration of intent to be a write-in candidate or
by the filling | 996 |
of a vacancy under section 3513.30 of the Revised
Code. The | 997 |
secretary of state shall order the board of elections
of each | 998 |
county in which the person is seeking to appear on
the ballot to | 999 |
disqualify that person as a candidate for each
office for which | 1000 |
the person sought to become a candidate after the
date on which | 1001 |
the person first sought to become a candidate for
any of those | 1002 |
offices. If the secretary of state determines that
the person | 1003 |
sought to become a candidate for more than one of those
offices on | 1004 |
the same date, the secretary of state shall order the
board of | 1005 |
elections of each county in which the person is seeking to appear | 1006 |
on the ballot to disqualify that person as a
candidate for each | 1007 |
office that would be listed on the ballot below the highest office | 1008 |
for which that person seeks nomination, according to the ballot | 1009 |
order prescribed under section 3505.03 of the Revised Code. Each | 1010 |
board of elections so notified shall vote promptly to disqualify | 1011 |
the person as a candidate in accordance with the order of the | 1012 |
secretary of state. | 1013 |
(a) If each office or the district for each office for which | 1019 |
the person is seeking election is wholly within a single
county, | 1020 |
the secretary of state shall notify the board of elections
of that | 1021 |
county. The board then shall determine the
offices for which the | 1022 |
person seeks to appear as a candidate on the ballot.
The
board | 1023 |
shall vote promptly to disqualify that person as a candidate for | 1024 |
each
office
that would be listed on the ballot below the highest | 1025 |
office
for
which that person seeks election, according to the | 1026 |
ballot
order
prescribed under section 3505.03 of the Revised Code. | 1027 |
If the person sought nomination at a primary election and has not | 1028 |
yet been issued a certificate of nomination, the board shall not | 1029 |
issue that certificate for that person for any office that would | 1030 |
be listed on the ballot below the highest office for which that | 1031 |
person seeks election, according to the ballot order prescribed | 1032 |
under section 3505.03 of the Revised Code. | 1033 |
(b) If one or more of the offices for which the person is | 1034 |
seeking election is a state office or an office with a district | 1035 |
larger than a single county, the secretary of state shall promptly | 1036 |
investigate and determine the offices for which the person seeks | 1037 |
to appear as a candidate on the ballot. The secretary of state | 1038 |
shall order
the board of elections of each county in which the | 1039 |
person is seeking to appear on the ballot to disqualify that | 1040 |
person as a
candidate for each office that would be listed on the | 1041 |
ballot below
the highest office for which that person seeks | 1042 |
election, according
to the ballot order prescribed under section | 1043 |
3505.03 of the
Revised Code. Each board of elections so notified | 1044 |
shall vote
promptly to disqualify the person as a candidate in | 1045 |
accordance
with the order of the secretary of state. If the person | 1046 |
sought nomination at a primary election and has not yet been | 1047 |
issued a certificate of nomination, the board shall not issue that | 1048 |
certificate for that person for any office that would be listed on | 1049 |
the ballot below the highest office for which that person seeks | 1050 |
election, according to the ballot order prescribed under section | 1051 |
3505.03 of the Revised Code. | 1052 |
(a) If each office or the district for each office for which | 1058 |
the person is seeking election is wholly within that
county, the | 1059 |
board shall determine the offices for
which the person seeks to | 1060 |
appear as a candidate on the ballot. The board
shall vote | 1061 |
promptly to disqualify that person as a candidate for each office | 1062 |
that
would be listed on the ballot below the highest office for | 1063 |
which
that person seeks election, according to the ballot order | 1064 |
prescribed under section 3505.03 of the Revised Code. If the | 1065 |
person sought nomination at a primary election and has not yet | 1066 |
been issued a certificate of nomination, the board shall not issue | 1067 |
that certificate for that person for any office that would be | 1068 |
listed on the ballot below the highest office for which that | 1069 |
person seeks election, according to the ballot order prescribed | 1070 |
under section 3505.03 of the Revised Code. | 1071 |
(b) If one or more of the offices for which the person is | 1072 |
seeking election is a state office or an office with a district | 1073 |
larger than a single county, the board shall notify
the secretary | 1074 |
of state. The secretary of state promptly shall
investigate and | 1075 |
determine the offices for which the person seeks to appear as a | 1076 |
candidate on the ballot. The secretary of state shall order
the | 1077 |
board of elections of each county in which the person is seeking | 1078 |
to appear on the ballot to disqualify that person as a
candidate | 1079 |
for each office that would be listed on the ballot below
the | 1080 |
highest office for which that person seeks election,
according to | 1081 |
the ballot order prescribed under section 3505.03 of
the Revised | 1082 |
Code. Each board of elections so notified shall vote
promptly to | 1083 |
disqualify the person as a candidate in accordance
with the order | 1084 |
of the secretary of state. If the person sought nomination at a | 1085 |
primary election and has not yet been issued a certificate of | 1086 |
nomination, the board shall not issue that certificate for that | 1087 |
person for any office that would be listed on the ballot below the | 1088 |
highest office for which that person seeks election, according to | 1089 |
the ballot order prescribed under section 3505.03 of the Revised | 1090 |
Code. | 1091 |
(E) When a person is disqualified as a candidate under | 1092 |
division (C) or (D) of this section, that person's name shall not | 1093 |
appear on the ballots for any office for which that person has | 1094 |
been disqualified as a candidate. If the ballots have already | 1095 |
been prepared, the board of elections shall
remove the name of the | 1096 |
disqualified candidate from the ballots to
the extent practicable | 1097 |
in the time remaining before the election
and according to the | 1098 |
directions of the secretary of state. If the
name is not removed | 1099 |
from the ballots before the day of the
election, the votes for the | 1100 |
disqualified candidate are void and
shall not be counted. | 1101 |
(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 the | 1108 |
secretary of state or a board of elections shall not disqualify, a | 1109 |
person from being a candidate to fill a vacant office as otherwise | 1110 |
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 the | 1114 |
secretary of state or a board of
elections shall not disqualify, a | 1115 |
person from being a candidate
for an office, if that person timely | 1116 |
withdraws as a candidate
for any offices specified in division (A) | 1117 |
of this section for which that person
first sought to become a | 1118 |
candidate by filing a declaration of candidacy and petition, a | 1119 |
declaration of intent to be a write-in candidate, or a nominating | 1120 |
petition, by party nomination in a primary election, or by the | 1121 |
filling of a vacancy under section 3513.30 or 3513.31 of the | 1122 |
Revised Code. | 1123 |
(1) "State office" means the offices of governor, lieutenant | 1125 |
governor, secretary of state, auditor of state, treasurer of | 1126 |
state, attorney general, member of the state board of education, | 1127 |
member of the general assembly, chief justice of the supreme | 1128 |
court, and justice of the supreme court. | 1129 |
Sec. 3513.23. (A) If an elector voting at a primary
election | 1139 |
writes in a blank space provided
thereforfor that
purpose on the | 1140 |
ballot of one
political party under the title of an
office for | 1141 |
which a
nomination is to be made the name of a person
other than | 1142 |
the
persons whose names are printed on the ballot as
candidates | 1143 |
for
suchthe nomination, and if
suchthat elector
records the vote | 1144 |
in the
manner provided on the ballot next to
the
name written, | 1145 |
suchthat ballot
shall be counted as a vote for the
nomination of | 1146 |
the person whose
name is
so written
thereon if that
person has | 1147 |
filed a declaration
of intent to be a write-in
candidate under | 1148 |
section 3513.041
of the Revised Code, but in. | 1149 |
(B) In no event shall a person, whose
name is written on a | 1150 |
primary election ballot, be nominated as a
candidate for election | 1151 |
to an office if the name of no person
living on the day of
such | 1152 |
that primary election is printed on
suchthe
ballot as a candidate | 1153 |
for
suchthat nomination, unless the total
number of votes cast | 1154 |
for the person whose name is written on the
ballot is not less | 1155 |
than that number of petition signatures that
would have been | 1156 |
required for the printing of the person's name on
the primary | 1157 |
ballot pursuant to section 3513.05 of the Revised
Code. | 1158 |
Sec. 3513.251. Nominations of candidates for election as | 1159 |
officers of a municipal corporation having a population of less | 1160 |
than two thousand as ascertained by the next preceding federal | 1161 |
census shall be made only by nominating petition and their | 1162 |
election shall occur only in nonpartisan elections, unless a | 1163 |
majority of the electors of such municipal corporation have | 1164 |
petitioned for a primary election. Nominations of candidates for | 1165 |
election as officers of a municipal corporation having a | 1166 |
population of two thousand or more shall be made either by
primary | 1167 |
election in conjunction with a partisan general election
or by | 1168 |
nominating petition in conjunction with a nonpartisan
general | 1169 |
election, as determined under section 3513.01 of the
Revised Code. | 1170 |
The nominating petitions of nonpartisan candidates for | 1171 |
election as officers of a municipal corporation having a | 1172 |
population of less than two thousand, as ascertained by the most | 1173 |
recent
federal census, shall be signed by not less
than
ten | 1174 |
qualified electors of the municipal
corporation. Any
nominating | 1175 |
petition filed under this section shall be filed with
the board of | 1176 |
elections not later than four p.m. of the
seventy-fifth day before | 1177 |
the day of the general election,
provided that no such nominating | 1178 |
petition shall be accepted for
filing if it appears to contain | 1179 |
signatures aggregating in number
more than three times the minimum | 1180 |
number of signatures required
by this section.
A board of | 1181 |
elections shall not accept for filing a nominating petition of a | 1182 |
person if that person, for the same election, has already filed a | 1183 |
declaration of candidacy, a declaration of intent to be a write-in | 1184 |
candidate, or a nominating petition, or has become a candidate | 1185 |
through party nomination at a primary election or by the filling | 1186 |
of a vacancy under section 3513.30 or 3513.31 of the Revised Code | 1187 |
for any other municipal office, or for a township office, for | 1188 |
member of a city, local, or exempted village board of education, | 1189 |
or for
member of a governing board of an educational service | 1190 |
center.
When
a
petition of a
candidate has been
accepted for | 1191 |
filing by a
board
of
elections,
the petition shall
not be deemed | 1192 |
invalid if,
upon
verification of
signatures
contained in the | 1193 |
petition, the
board of
elections finds
the
number
of signatures | 1194 |
accepted exceeds
three
times the minimum
number of
signatures | 1195 |
required. A board of
elections may
discontinue
verifying | 1196 |
signatures when the number of
verified
signatures on a
petition | 1197 |
equals the minimum required
number of
qualified
signatures. | 1198 |
Nomination of nonpartisan candidates for election as
officers | 1199 |
of a municipal corporation having a population of two
thousand or | 1200 |
more, as ascertained by the next preceding federal
census, shall | 1201 |
be made only by nominating petition. Nominating
petitions of | 1202 |
nonpartisan candidates for election as officers of a
municipal | 1203 |
corporation having a population of two thousand or more
but less | 1204 |
than five thousand, as ascertained by the next preceding
federal | 1205 |
census, shall be signed by not less than fifty qualified
electors | 1206 |
of the municipal corporation or ward thereof in the case
of the | 1207 |
nominating petition of a candidate for election as
councilman from | 1208 |
such ward. Nominating petitions of nonpartisan
candidates for | 1209 |
election as officers of a municipal corporation
having a | 1210 |
population of five thousand or more, as ascertained by
the next | 1211 |
preceding federal census, shall be signed by not less
than fifty | 1212 |
qualified electors of the municipal corporation
or ward thereof in | 1213 |
the case of the nominating petition of a
candidate for election as | 1214 |
councilmancouncilperson from such
ward. | 1215 |
Sec. 3513.253. Nominations of candidates for election as | 1216 |
officers of a township shall be made only by nominating
petitions, | 1217 |
unless a majority of the electors of such township
have petitioned | 1218 |
for a primary election. The nominating petitions
of nonpartisan | 1219 |
candidates for township trustee and township clerk
shall be signed | 1220 |
by not less than twenty-five qualified electors
of the township. | 1221 |
Such petition shall be filed with the board of
elections not later | 1222 |
than four p.m. of the seventy-fifth day
before the day of the | 1223 |
general election, provided that no such
nominating petition shall | 1224 |
be accepted for filing if it appears to
contain signatures | 1225 |
aggregating in number more than three times
the minimum number of | 1226 |
signatures required by this section.
A board of elections shall | 1227 |
not accept for filing a nominating petition of a person if that | 1228 |
person, for the same election, has already filed a declaration of | 1229 |
candidacy, a declaration of intent to be a write-in candidate, or | 1230 |
a nominating petition, or has become a candidate through party | 1231 |
nomination at a primary election or by the filling of a vacancy | 1232 |
under section 3513.30 or 3513.31 of the Revised Code for any other | 1233 |
township office, or for a municipal office, for member of a
city, | 1234 |
local, or exempted village board of education, or for member of a | 1235 |
governing board of an educational service center. When
a
petition | 1236 |
of a candidate has been
accepted for filing by a board
of | 1237 |
elections, the petition shall
not be deemed invalid if, upon | 1238 |
verification of signatures
contained in the petition, the board
of | 1239 |
elections finds the number
of signatures accepted exceeds
three | 1240 |
times the minimum number of
signatures required. A board
of | 1241 |
elections may discontinue
verifying signatures when the number
of | 1242 |
verified signatures on a
petition equals the minimum required | 1243 |
number of qualified
signatures. | 1244 |
Sec. 3513.254. The name of each candidate for member of a | 1245 |
city, local, or exempted village board of education or for member | 1246 |
of a governing board of an
educational service center described in | 1247 |
section 3311.051 of
the Revised Code shall appear on the | 1248 |
nonpartisan ballot.
Nominating petitions of candidates for member | 1249 |
of a board of
education of a local or exempted village school | 1250 |
district or for
member of a governing board of an
educational | 1251 |
service center described in section
3311.051 of the Revised Code | 1252 |
shall be signed by twenty-five
qualified electors of the school | 1253 |
district or educational service center
service area. Nominating | 1254 |
petitions
for candidates for member of a board of education of a | 1255 |
city
school district having a population of less than twenty | 1256 |
thousand,
as ascertained by the next preceding federal census, | 1257 |
shall be
signed by twenty-five qualified electors of the school | 1258 |
district.
Nominating petitions for candidates for member of a | 1259 |
board of
education of a city school district having a population | 1260 |
of twenty
thousand or more but less than fifty thousand, as | 1261 |
ascertained by
the next preceding federal census, shall be signed | 1262 |
by
seventy-five qualified electors of the school district. | 1263 |
Nominating petitions for candidates for member of a board of | 1264 |
education of a city school district having a population of fifty | 1265 |
thousand or more but less than one hundred thousand, as | 1266 |
ascertained by the next preceding federal census, shall be signed | 1267 |
by one hundred fifty qualified electors of the school district. | 1268 |
Nominating petitions for candidates for member of a board of | 1269 |
education of a city school district having a population of one | 1270 |
hundred thousand or more, as ascertained by the next preceding | 1271 |
federal census, shall be signed by three hundred qualified | 1272 |
electors of the school district.
Nominating | 1273 |
Nominating petitions shall be
filed with the board of | 1274 |
elections not later than four p.m. of the
seventy-fifth day before | 1275 |
the day of the general election,
provided
that no such petition | 1276 |
shall be accepted for filing if it
appears
to contain signatures | 1277 |
aggregating in number more than
three times
the minimum number of | 1278 |
signatures required by this
section.
A board
of elections shall | 1279 |
not accept for filing a nominating petition of
a person if that | 1280 |
person, for the same election, has already filed a declaration of | 1281 |
candidacy, a declaration of intent to be a write-in candidate, or | 1282 |
a nominating petition, or has become a candidate through party | 1283 |
nomination at a primary election or by the filling of a vacancy | 1284 |
under section 3513.30 or 3513.31 of the Revised Code for any other | 1285 |
position as a member of a city, local, or exempted village board | 1286 |
of education or position as a member of a governing board of an | 1287 |
educational service center, or for a municipal or township office. | 1288 |
When
a
petition of a
candidate has been
accepted for
filing by a | 1289 |
board
of
elections,
the petition shall
not be deemed
invalid if, | 1290 |
upon
verification of
signatures
contained in the
petition, the | 1291 |
board of
elections finds
the number
of signatures
accepted exceeds | 1292 |
three
times the minimum
number of
signatures
required. A board of | 1293 |
elections may
discontinue
verifying
petitions when the number of | 1294 |
verified
signatures equals
the
minimum required number of | 1295 |
qualified
signatures. | 1296 |
Each nominating petition shall be filed with the board of | 1313 |
elections of the
county in which the central administrative | 1314 |
offices of the
educational service center governing board are | 1315 |
located not later than four p.m. of the seventy-fifth day before | 1316 |
the day of
the general election, provided that no such petition | 1317 |
shall be accepted for
filing if it appears to contain signatures | 1318 |
aggregating in number more than
three times the minimum number of | 1319 |
signatures required by this section.
A board of elections shall | 1320 |
not accept for filing a nominating petition of a person if that | 1321 |
person, for the same election, has already filed a declaration of | 1322 |
candidacy, a declaration of intent to be a write-in candidate, or | 1323 |
a nominating petition, or has become a candidate through party | 1324 |
nomination at a primary election or by the filling of a vacancy | 1325 |
under section 3513.30 or 3513.31 of the Revised Code for any other | 1326 |
position as a member of a governing board of an educational | 1327 |
service center or position as a member of a city, local, or | 1328 |
exempted village board of education, or for a municipal or | 1329 |
township office. When
a
petition of a candidate has been
accepted | 1330 |
for filing by a board
of
elections,
the petition shall
not be | 1331 |
deemed invalid if, upon
verification of signatures
contained in | 1332 |
the petition, the board of
elections finds the number
of | 1333 |
signatures accepted exceeds three
times the minimum signatures | 1334 |
required. A
board of elections may
discontinue verifying | 1335 |
petitions when the number of
verified
signatures equals the | 1336 |
minimum required number of qualified
signatures. | 1337 |
Sec. 3513.257. Each person desiring to become an
independent | 1338 |
candidate for an office for which candidates may be
nominated at a | 1339 |
primary election, except persons desiring to
become independent | 1340 |
joint candidates for the offices of governor
and lieutenant | 1341 |
governor and for the offices of president and
vice-president of | 1342 |
the United States, shall file no later than
four p.m. of the day | 1343 |
before the day of the primary election
immediately preceding the | 1344 |
general election at which such
candidacy is to be voted for by the | 1345 |
voters, a statement of
candidacy and nominating petition as | 1346 |
provided in section 3513.261
of the Revised Code. Persons | 1347 |
desiring to become independent
joint candidates for the offices of | 1348 |
governor and lieutenant
governor shall file, not later than four | 1349 |
p.m. of the day before
the day of the primary election, one | 1350 |
statement of candidacy and
one nominating petition for the two of | 1351 |
them. Persons desiring to
become independent joint candidates for | 1352 |
the offices of president
and vice-president of the United States | 1353 |
shall file, not later
than four p.m. of the seventy-fifth day | 1354 |
before the day of the
general election at which the president and | 1355 |
vice-president are to
be elected, one statement of candidacy and | 1356 |
one nominating
petition for the two of them. The prospective | 1357 |
independent joint
candidates' statement of candidacy shall be | 1358 |
filed with the
nominating petition as one instrument. | 1359 |
(A) If the candidacy is to be voted on by electors | 1367 |
throughout the entire state, the nominating petition, including | 1368 |
the nominating petition of independent joint candidates for the | 1369 |
offices of governor and lieutenant governor, shall be signed by
no | 1370 |
less than five thousand qualified electors, provided that no | 1371 |
petition shall be accepted for filing if it purports to contain | 1372 |
more than fifteen thousand signatures. | 1373 |
(B) If the candidacy is to be voted on by electors in any | 1374 |
district, political subdivision, or part thereof in which less | 1375 |
than five thousand electors voted for the office of governor at | 1376 |
the most recent election for that office,
the nominating
petition | 1377 |
shall contain signatures of not less than twenty-five
qualified | 1378 |
electors of the district, political subdivision, or
part thereof, | 1379 |
or a number of qualified signatures equal to at
least five per | 1380 |
cent of that vote, if this number is less than
twenty-five. | 1381 |
All nominating petitions of candidates for offices to be | 1388 |
voted on by electors throughout the entire state shall be filed
in | 1389 |
the office of the secretary of state. No nominating petition
for | 1390 |
the offices of president and vice-president of the United
States | 1391 |
shall be accepted for filing unless there is submitted to
the | 1392 |
secretary of state, at the time of filing the petition, a
slate of | 1393 |
presidential electors sufficient in number to satisfy
the | 1394 |
requirement of the United States Constitution. The secretary
of | 1395 |
state shall not accept for filing the statement of candidacy
of a | 1396 |
person who desires to be an independent candidate for the
office | 1397 |
of governor unless it also shows the joint candidacy of a
person | 1398 |
who desires to be an independent candidate for the office
of | 1399 |
lieutenant governor, shall not accept for filing the statement
of | 1400 |
candidacy of a person who desires to be an independent
candidate | 1401 |
for the office of lieutenant governor unless it also
shows the | 1402 |
joint candidacy of a person who desires to be an
independent | 1403 |
candidate for the office of governor, and shall not
accept for | 1404 |
filing the statement of candidacy of a person who
desires to be an | 1405 |
independent candidate to the office of governor
or lieutenant | 1406 |
governor who, for the same election, has already
been shown as
an | 1407 |
independent candidate
for governor
or lieutenant governor
onfiled | 1408 |
a
declaration of candidacy, a declaration of intent
to be a | 1409 |
write-in candidate, or a
statement of candidacy
previously
filed | 1410 |
and accepted during the
filing period preceding
the same
primary | 1411 |
election, or has become a candidate by the filling of a vacancy | 1412 |
under
section
3513.30 of the Revised Code for any other state | 1413 |
office or any county office. | 1414 |
Nominating petitions of candidates for offices to be voted
on | 1415 |
by electors within a district or political subdivision
comprised | 1416 |
of more than one county but less than all counties of
the state | 1417 |
shall be filed with the boards of elections of that
county or part | 1418 |
of a county within the district or political
subdivision which had | 1419 |
a population greater than that of any other
county or part of a | 1420 |
county within the district or political
subdivision according to | 1421 |
the last federal decennial census. | 1422 |
No petition other than the petition of a candidate whose | 1426 |
candidacy is to be considered by electors throughout the entire | 1427 |
state shall be accepted for filing if it appears on its face to | 1428 |
contain more than three times the minimum required number of | 1429 |
signatures.
A board of elections shall not accept for filing a | 1430 |
nominating petition of a person seeking to become a candidate if | 1431 |
that person, for the same election, has already filed a | 1432 |
declaration of candidacy, a declaration of intent to be a write-in | 1433 |
candidate, or a nominating petition, or has become a candidate by | 1434 |
the filling of a vacancy under section 3513.30 of the Revised Code | 1435 |
for any state or county office, if the nominating petition is for | 1436 |
a state or county office, or for any municipal or township office, | 1437 |
for member of a city, local, or exempted village board of | 1438 |
education, or for member of a governing board of an educational | 1439 |
service
center, if the nominating petition is for a municipal or | 1440 |
township
office, or for member of a city, local, or exempted | 1441 |
village
board
of education, or for member of a governing board of | 1442 |
an
educational
service center. When a
petition of a candidate has | 1443 |
been
accepted
for
filing by a board of
elections, the petition | 1444 |
shall
not be
deemed
invalid if, upon
verification of signatures | 1445 |
contained in
the
petition, the board of
elections finds the number | 1446 |
of
signatures
accepted exceeds three
times the minimum number of | 1447 |
signatures
required. A board of
elections may discontinue | 1448 |
verifying
signatures when the number of
verified signatures on a | 1449 |
petition
equals the minimum required
number of qualified | 1450 |
signatures. | 1451 |
The purpose of establishing a filing deadline for
independent | 1455 |
candidates prior to the primary election immediately
preceding the | 1456 |
general election at which the candidacy is to be
voted on by the | 1457 |
voters is to recognize that the state has a
substantial and | 1458 |
compelling interest in protecting its electoral
process by | 1459 |
encouraging political stability, ensuring that the
winner of the | 1460 |
election will represent a majority of the
community, providing the | 1461 |
electorate with an understandable
ballot, and enhancing voter | 1462 |
education, thus fostering informed
and educated expressions of the | 1463 |
popular will in a general
election. The filing deadline for | 1464 |
independent candidates
required in this section prevents | 1465 |
splintered parties and
unrestrained factionalism, avoids political | 1466 |
fragmentation, and
maintains the integrity of the ballot. The | 1467 |
deadline, one day
prior to the primary election, is the least | 1468 |
drastic or
restrictive means of protecting these state interests. | 1469 |
The
general assembly finds that the filing deadline for | 1470 |
independent
candidates in primary elections required in this | 1471 |
section is
reasonably related to the state's purpose of ensuring | 1472 |
fair and
honest elections while leaving unimpaired the political, | 1473 |
voting,
and associational rights secured by the first and | 1474 |
fourteenth
amendments to the United States
Constitution. | 1475 |
No such nominating petition shall be accepted for filing if | 1481 |
it appears on its face to contain signatures aggregating in
number | 1482 |
more than three times the minimum number of signatures
required by | 1483 |
this section.
A board of elections shall not accept for filing a | 1484 |
nominating petition of a person if that person, for the same | 1485 |
election, has already filed a declaration of candidacy, a | 1486 |
declaration of intent to be a write-in candidate, or a nominating | 1487 |
petition, or has become a candidate through party nomination at a | 1488 |
primary election or by the filling of a vacancy under section | 1489 |
3513.30 or 3513.31 of the Revised Code, to be a candidate for any | 1490 |
other state office or any county office. When a
petition of a | 1491 |
candidate has
been
accepted for filing by a board of
elections, | 1492 |
the petition
shall
not be deemed invalid if, upon
verification of | 1493 |
signatures
contained in the petition, the board of
elections finds | 1494 |
the
number
of signatures accepted exceeds three
times the minimum | 1495 |
number of
signatures required. A board of
elections may | 1496 |
discontinue
verifying signatures when the number of
verified | 1497 |
signatures equals
the minimum required number of
signatures.
Such | 1498 |
petition shall be
filed with the board of
elections of the
most | 1499 |
populous county in
such district not later
than four p.m. of
the | 1500 |
seventy-fifth day
before the day of the
general election at
which | 1501 |
state board of
education members are
elected. | 1502 |
Sec. 3513.261. A nominating petition may consist of one or | 1511 |
more separate petition papers, each of which shall be | 1512 |
substantially in the form prescribed in this section. If the | 1513 |
petition consists of more than one separate petition paper, the | 1514 |
statement of candidacy of the candidate or joint candidates named | 1515 |
need be signed by the candidate or joint candidates on only one
of | 1516 |
such separate petition papers, but the statement of candidacy
so | 1517 |
signed shall be copied on each other separate petition paper | 1518 |
before the signatures of electors are placed
on it. Each | 1519 |
nominating petition containing signatures of electors of more
than | 1520 |
one county shall consist of separate petition papers each of
which | 1521 |
shall contain signatures of electors of only one county;
provided | 1522 |
that petitions containing signatures of electors of more
than one | 1523 |
county shall not thereby be declared invalid. In case
petitions | 1524 |
containing signatures of electors of more than one
county are | 1525 |
filed, the board of elections shall determine the
county from | 1526 |
which the majority of the signatures came, and only
signatures | 1527 |
from this county shall be counted. Signatures from
any other | 1528 |
county shall be invalid. | 1529 |
At the time of filing a nominating petition, the candidate | 1532 |
designated in the nominating petition, and joint
candidates for | 1533 |
governor and
lieutenant governor, shall pay to the election | 1534 |
officials with
whom it is filed the fees specified for the office | 1535 |
under
divisions (A) and (B) of section
3513.10 of the Revised | 1536 |
Code. The fees shall be disposed of by
those election officials | 1537 |
in the manner that
is provided in
section 3513.10 of the Revised | 1538 |
Code for the disposition of other
fees, and in no case shall a fee | 1539 |
required under that section be
returned to a
candidate. | 1540 |
I, ................................... (Name of candidate), | 1556 |
the undersigned, hereby declare under penalty of election | 1557 |
falsification that my voting residence is in ................ | 1558 |
.......... Precinct of the ......................... (Township)
or | 1559 |
(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 the | 1562 |
............................... (City, Village, or post office)
of | 1563 |
...................., Ohio; and that I am a qualified elector in | 1564 |
the precinct in which my voting residence is located. I hereby | 1565 |
declare that I desire to be a candidate for election to the
office | 1566 |
of .............. in the ........................ (State, | 1567 |
District, County, City, Village, Township, or School District)
for | 1568 |
the ...................................... (Full term or
unexpired | 1569 |
term ending ................) at the General Election
to be held | 1570 |
on the ........... day of ..............., .... | 1571 |
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 nominate | 1589 |
.................... as a candidate for
election to the office of | 1590 |
........................... in the
............................ | 1591 |
(State, District, County, City,
Village, Township, or School | 1592 |
District) for the .................
(Full term or unexpired term | 1593 |
ending ...................) to be
voted for at the general | 1594 |
election next hereafter to be held,
and certify that this person | 1595 |
is, in our opinion, well qualified to
perform the duties of the | 1596 |
office or position to which the person
desires
to be elected. | 1597 |
..........................., declares under penalty of election | 1611 |
falsification that such person is a qualified elector
of the state | 1612 |
of
Ohio and resides at the address appearing below such
person's | 1613 |
signature
hereto; that such person is the circulator of the | 1614 |
foregoing petition paper
containing ................ signatures; | 1615 |
that such
person witnessed the
affixing of every signature; that | 1616 |
all signers were to the best
of such person's knowledge and belief | 1617 |
qualified to
sign; and that every
signature is to the best of such | 1618 |
person's knowledge
and belief the
signature of the person whose | 1619 |
signature it purports to be. | 1620 |
If such petition nominates a candidate whose election is to | 1637 |
be determined by the electors of a county or a district or | 1638 |
subdivision within the county, it shall be filed with the board
of | 1639 |
such county. If the petition nominates a candidate whose
election | 1640 |
is to be determined by the voters of a subdivision
located in more | 1641 |
than one county, it shall be filed with the board
of the county in | 1642 |
which the major portion of the population of
such subdivision is | 1643 |
located. | 1644 |
If the petition nominates a candidate whose election is to
be | 1645 |
determined by the electors of a district comprised of more
than | 1646 |
one county but less than all of the counties of the state,
it | 1647 |
shall be filed with the board of elections of the most
populous | 1648 |
county in such district. If the petition nominates a
candidate | 1649 |
whose election is to be determined by the electors of
the state at | 1650 |
large, it shall be filed with the secretary of
state. | 1651 |
The secretary of state or a board of elections shall not | 1652 |
accept for filing a nominating petition of a person seeking to | 1653 |
become a candidate if that person, for the same election, has | 1654 |
already filed a declaration of candidacy, a declaration of intent | 1655 |
to be a write-in candidate, or a nominating petition, or has | 1656 |
become a candidate through party nomination at a primary election | 1657 |
or by the filling of a vacancy under section 3513.30 or 3513.31 of | 1658 |
the Revised Code for any state or county office, if the nominating | 1659 |
petition is for a state or county office, or for any municipal or | 1660 |
township office, for member of a city, local, or exempted
village | 1661 |
board of education, or for member of a governing board of an | 1662 |
educational service center, if the nominating petition is for a | 1663 |
municipal or township office, or for member of a city, local, or | 1664 |
exempted village board of education, or for member of a governing | 1665 |
board
of an educational service center. | 1666 |
(2) A vacancy may be filled under division
(A)(1)(a) and a | 1684 |
selection may be made under division
(A)(1)(b) of this section
by | 1685 |
the appropriate committee of the political party in the same | 1686 |
manner as provided in divisions
(A)
throughto (E) of section | 1687 |
3513.31
of the Revised Code for the filling of similar vacancies | 1688 |
created
by withdrawals
or disqualifications under section 3513.052 | 1689 |
of the
Revised Code after the primary election, except that
the | 1690 |
certification required under that
section may not be filed with | 1691 |
the secretary of state, or with a board of the most populous | 1692 |
county of a district, or with the board of a county in which the | 1693 |
major portion of the population of a subdivision is located,
later | 1694 |
than four p.m. of the tenth day before the day of such
primary | 1695 |
election, or with any other board later than four p.m.
of the | 1696 |
fifth day before the day of such primary election. | 1697 |
(3) If only one valid declaration of candidacy is
filed for | 1698 |
nomination as a candidate of a political party for an
office and | 1699 |
that candidate dies on or after the tenth day before
the day of | 1700 |
the primary election, that candidate is considered to
have | 1701 |
received the nomination of that candidate's political party at | 1702 |
that
primary election, and, for purposes of filling the vacancy so | 1703 |
created,
that candidate's death shall be treated as if that | 1704 |
candidate died on the day
after the day of the primary election. | 1705 |
(B) Any person filing a declaration of candidacy may | 1706 |
withdraw as such candidate at any time prior to the primary | 1707 |
election, or,
if the primary
election is a presidential primary | 1708 |
election, at any time prior to
the fiftieth day before the | 1709 |
presidential primary election. The withdrawal
shall be effected | 1710 |
and
the statement of withdrawal shall be filed in accordance with | 1711 |
the
procedures prescribed in division (D) of this section
for the | 1712 |
withdrawal of persons nominated in a primary election or
by | 1713 |
nominating petition. | 1714 |
(C) A person who is the first choice for president of
the | 1715 |
United States by a candidate for delegate or alternate to a | 1716 |
national convention of a political party may withdraw consent
for | 1717 |
the selection of the person as such first choice
no later than | 1718 |
four p.m. of
the thirtieth day before the day of the
presidential | 1719 |
primary election. Withdrawal
of consent shall be for the entire | 1720 |
slate of
candidates for delegates and alternates who named such | 1721 |
person as
their presidential first choice and shall constitute | 1722 |
withdrawal
from the primary election by such delegates and | 1723 |
alternates. The
withdrawal shall be made in writing and delivered | 1724 |
to the
secretary of state. The boards of elections shall remove | 1725 |
both
the name of the withdrawn first choice and the names of such | 1726 |
withdrawn candidates from the ballots to the extent practicable
in | 1727 |
the time remaining before the election and according to the | 1728 |
directions of the secretary of state. If such names are not | 1729 |
removed from all ballots before the day of the election, the
votes | 1730 |
for the withdrawn first choice or candidates are void and
shall | 1731 |
not be counted. | 1732 |
(D) Any person nominated in a primary election or by | 1733 |
nominating
petition as a candidate for election at the next | 1734 |
general election
may withdraw as such candidate at any time prior | 1735 |
to the
general election.
Such
withdrawal may be effected by the | 1736 |
filing of a written statement
by such candidate announcing the | 1737 |
candidate's withdrawal and
requesting that the candidate's name | 1738 |
not be printed on the
ballots. If such candidate's
declaration of | 1739 |
candidacy or nominating petition was filed with
the secretary of | 1740 |
state, the candidate's statement of
withdrawal shall be
addressed | 1741 |
to and filed with the secretary of state. If such
candidate's | 1742 |
declaration of candidacy or nominating petition was
filed with a | 1743 |
board of elections, the candidate's statement
of withdrawal
shall | 1744 |
be addressed to, and filed with such board. | 1745 |
(E) When a person withdraws under division
(B) or (D) of | 1746 |
this section, the board of
elections shall remove the name of the | 1747 |
withdrawn candidate from
the ballots to the extent practicable in | 1748 |
the time remaining
before the election and according to the | 1749 |
directions of the
secretary of state. If the name is not removed | 1750 |
from all ballots
before the day of the election, the votes for the | 1751 |
withdrawn
candidate are void and shall not be counted. | 1752 |
Sec. 3513.31. (A) If a person nominated in a primary | 1753 |
election
as a candidate for election at the next general election, | 1754 |
whose
candidacy is to be submitted to the electors of the entire | 1755 |
state,
withdraws as that candidate
or is disqualified as that | 1756 |
candidate under section 3513.052 of the Revised Code, the vacancy | 1757 |
in the party nomination
so created may be filled by the state | 1758 |
central committee of the
major political party that made the | 1759 |
nomination at the primary
election, if the committee's chairperson | 1760 |
and secretary certify
the name of the person selected to fill the | 1761 |
vacancy by the time
specified in this division, at a meeting | 1762 |
called for that purpose. The meeting
shall be called by the | 1763 |
chairperson of that committee, who shall give each
member of the | 1764 |
committee at least two days' notice of the
time, place, and | 1765 |
purpose of the meeting. If a majority of the
members of the | 1766 |
committee are present at the meeting,
a majority of those present | 1767 |
may select a person to fill the vacancy. The
chairperson and | 1768 |
secretary of the meeting shall certify in writing
and under oath | 1769 |
to the secretary of state, not later than the
seventy-sixth day | 1770 |
before the day of the general election,
the name of the person | 1771 |
selected to fill the vacancy.
The certification must be | 1772 |
accompanied by the written acceptance of
the nomination by the | 1773 |
person whose name is certified. A
vacancy that may be filled by | 1774 |
an intermediate or minor political party
shall be filled in | 1775 |
accordance with the party's rules by
authorized officials of the | 1776 |
party. Certification must be
made as in the manner provided for a | 1777 |
major political party. | 1778 |
(B) If a person nominated in a primary election as a party | 1779 |
candidate for election at the next general election, whose | 1780 |
candidacy is to be submitted to the electors of a district | 1781 |
comprised of more than one county but less than all of the | 1782 |
counties of the state, withdraws as that candidate
or is | 1783 |
disqualified as that candidate under section 3513.052 of the | 1784 |
Revised Code, the
vacancy in the party nomination so created may | 1785 |
be filled by a
district committee of the major political party | 1786 |
that made
the nomination at the primary election, if the | 1787 |
committee's
chairperson and secretary certify the name of the | 1788 |
person selected to
fill the vacancy by the time specified in this | 1789 |
division, at a meeting called for that
purpose. The district | 1790 |
committee shall consist of the
chairperson and secretary of the | 1791 |
county central committee of such political
party in each county in | 1792 |
the district. The district committee
shall be called by the | 1793 |
chairperson of the county central committee
of such political | 1794 |
party of the most populous county in the
district, who shall give | 1795 |
each member of the district committee
at least two days' notice of | 1796 |
the time, place, and purpose of
the meeting. If a majority of the | 1797 |
members of the
district committee are present at the district | 1798 |
committee meeting, a majority
of those present may select a person | 1799 |
to fill the vacancy. The
chairperson and secretary of the meeting | 1800 |
shall certify in writing
and under oath to the board of elections | 1801 |
of the most populous
county in the district, not later than four | 1802 |
p.m. of the
seventy-sixth day before the day of the general | 1803 |
election, the
name of the person selected to fill the vacancy.
The | 1804 |
certification must be accompanied by the written acceptance of
the | 1805 |
nomination by the person whose name is certified. A vacancy
that | 1806 |
may be filled by an intermediate or minor political party
shall be | 1807 |
filled in accordance with the party's rules by
authorized | 1808 |
officials of the party. Certification must be
made as in the | 1809 |
manner provided for a major political party. | 1810 |
(C) If a person nominated in a primary election as a party | 1811 |
candidate for election at the next general election, whose | 1812 |
candidacy is to be submitted to the electors of a county, | 1813 |
withdraws as that candidate
or is disqualified as that candidate | 1814 |
under section 3513.052 of the Revised Code, the vacancy in the | 1815 |
party nomination
so created may be filled by the county central | 1816 |
committee of the
major political party that made the nomination at | 1817 |
the primary
election, or by the county executive committee if so | 1818 |
authorized,
if the committee's chairperson and secretary certify | 1819 |
the name of
the person selected to fill the vacancy by the time | 1820 |
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 a | 1824 |
majority of the members
of the committee are present at the | 1825 |
meeting, a majority of those present may
select a person to fill | 1826 |
the vacancy. The
chairperson and secretary of the meeting shall | 1827 |
certify
in writing and under oath to the board of that county, not | 1828 |
later than four
p.m. of the seventy-sixth day before the day of | 1829 |
the general
election, the name of the person selected to fill the | 1830 |
vacancy. The certification must be accompanied by the
written | 1831 |
acceptance of the nomination by the person whose name is | 1832 |
certified. A
vacancy that may be filled by an intermediate or | 1833 |
minor political
party shall be filled in accordance with the | 1834 |
party's rules
by authorized officials of the party. Certification | 1835 |
must be
made as in the manner provided for a major political | 1836 |
party. | 1837 |
(D) If a person nominated in a primary election as a party | 1838 |
candidate for election at the next general election, whose | 1839 |
candidacy is to be submitted to the electors of a district within | 1840 |
a county, withdraws as that candidate
or is disqualified as that | 1841 |
candidate under section 3513.052 of the Revised Code, the vacancy | 1842 |
in the party
nomination so created may be filled by a district | 1843 |
committee
consisting of those members of the county central | 1844 |
committee or, if so
authorized, those members of the county | 1845 |
executive committee in
that county of the major political party | 1846 |
that made the
nomination at the primary election who represent the | 1847 |
precincts
or the wards and townships within the district, if the | 1848 |
committee's
chairperson and secretary certify the name of the | 1849 |
person selected to fill the
vacancy by the time specified in this | 1850 |
division, at a meeting
called for that purpose. The district | 1851 |
committee meeting shall
be called by the chairperson of the county | 1852 |
central committee or executive
committee, as appropriate, who | 1853 |
shall give each member of the district committee at least
two | 1854 |
days' notice of the time, place, and purpose of the meeting. If
a | 1855 |
majority of the members of the district committee are
present at | 1856 |
the district committee meeting, a majority of those
present may | 1857 |
select a person to fill the vacancy. The
chairperson and | 1858 |
secretary of the district committee meeting shall certify
in | 1859 |
writing and under oath to the board of the county, not
later than | 1860 |
four p.m. of the seventy-sixth day before the day of
the general | 1861 |
election, the name of the person selected to fill the
vacancy.
The | 1862 |
certification must be accompanied by the written
acceptance of
the | 1863 |
nomination by the person whose name is
certified. A vacancy
that | 1864 |
may be filled by an intermediate or
minor political party
shall be | 1865 |
filled in accordance with
the party's rules by authorized | 1866 |
officials of the party.
Certification must be made as in the | 1867 |
manner provided for a major
political party. | 1868 |
(E) If a person nominated in a primary election as a party | 1869 |
candidate for election at the next general election, whose | 1870 |
candidacy is to be submitted to the electors of a subdivision | 1871 |
within a county, withdraws as that candidate
or is disqualified as | 1872 |
that candidate under section 3513.052 of the Revised Code, the | 1873 |
vacancy in the party nomination so created may be filled by a | 1874 |
subdivision committee consisting of those members of the county | 1875 |
central committee or, if so authorized, those members of the | 1876 |
county
executive committee in that county of the major political | 1877 |
party that made the nomination at that primary election who | 1878 |
represent
the precincts or the wards and townships within that | 1879 |
subdivision,
if the committee's chairperson and secretary certify | 1880 |
the name of
the person selected to fill the vacancy by the time | 1881 |
specified in
this division, at a meeting called for that purpose. | 1882 |
The subdivision committee meeting shall be called by the | 1883 |
chairperson of the county central committee or executive | 1884 |
committee, as appropriate, who shall give each
member of the | 1885 |
subdivision committee at least two days'
notice of the time, | 1886 |
place, and purpose of the meeting. If a
majority of the members | 1887 |
of the subdivision committee are present at
the subdivision | 1888 |
committee meeting, a majority of those present may
select a person | 1889 |
to fill the vacancy. The chairperson and
secretary of the | 1890 |
subdivision committee meeting shall certify in
writing and under | 1891 |
oath to the board of the county, not later than
four p.m. of the | 1892 |
seventy-sixth day before the day of the general
election, the name | 1893 |
of the person selected to fill the
vacancy. The certification | 1894 |
must be accompanied by the written
acceptance of the nomination by | 1895 |
the person whose name is certified. A
vacancy that may be filled | 1896 |
by an intermediate or minor political
party shall be filled in | 1897 |
accordance with the party's rules
by authorized officials of the | 1898 |
party. Certification must be
made in the manner provided for a | 1899 |
major political party. | 1900 |
(F) If a person nominated by petition as an independent or | 1901 |
nonpartisan candidate for election at the next general election | 1902 |
withdraws as that candidate
or is disqualified as that candidate | 1903 |
under section 3513.052 of the Revised Code, the vacancy so created | 1904 |
may be filled
by a majority of the committee of five, as | 1905 |
designated on the
candidate's nominating petition, if a member of | 1906 |
that committee
certifies in writing and under oath to the election | 1907 |
officials
with whom the candidate filed the candidate's nominating | 1908 |
petition, not later
than the seventy-sixth day before the day of | 1909 |
the general
election, the name of the person selected to fill the | 1910 |
vacancy. The certification shall be accompanied by the written | 1911 |
acceptance of the nomination by the person whose name is
certified | 1912 |
and shall be made in the manner provided for a major
political | 1913 |
party. | 1914 |
(G) If a person nominated in a primary election as a party | 1915 |
candidate for election at the next general election dies, the | 1916 |
vacancy so created may be filled by the same committee in the
same | 1917 |
manner as provided in this section for the filling of
similar | 1918 |
vacancies created by withdrawals
or disqualifications under | 1919 |
section 3513.052 of the Revised Code, except that the | 1920 |
certification, when filling a vacancy created by death, may not
be | 1921 |
filed with the secretary of state, or with a board of the most | 1922 |
populous county of a district, or with the board of a county in | 1923 |
which the major portion of the population of a subdivision is | 1924 |
located, later than four p.m. of the tenth day before the day of | 1925 |
such general election, or with any other board later than four | 1926 |
p.m. of the fifth day before the day of such general election. | 1927 |
(H) If a person nominated by petition as an independent or | 1928 |
nonpartisan candidate for election at the next general election | 1929 |
dies prior to the tenth day before the day of that general | 1930 |
election, the vacancy so created may be filled by a majority of | 1931 |
the committee of five designated in the nominating petition to | 1932 |
represent
the candidate named in it. To fill the
vacancy a member | 1933 |
of the committee shall, not later than four
p.m. of the fifth day | 1934 |
before the day of the general
election, file with the election | 1935 |
officials with whom the petition
nominating the person was filed, | 1936 |
a certificate signed and
sworn to under oath by a majority of the | 1937 |
members,
designating the person they select
to fill the vacancy. | 1938 |
The certification
must be accompanied by
the written acceptance of | 1939 |
the nomination by the person
whose name is so certified. | 1940 |
(I) If a person holding an elective office dies or resigns | 1941 |
subsequent to the one-hundredth day before the day of a primary | 1942 |
election and prior to the seventy-sixth day before the day of the | 1943 |
next
general election, and if, under the laws of this state, a | 1944 |
person
may be elected at that general election to fill the | 1945 |
unexpired
term of the person who has died or resigned, the | 1946 |
appropriate
committee of each political party, acting as in the | 1947 |
case of a
vacancy in a party nomination, as provided in divisions | 1948 |
(A) to
(D) of this section, may select a person as the party | 1949 |
candidate for election for such unexpired term at that general | 1950 |
election, and certify the person's name to the appropriate | 1951 |
election
official not later than four p.m. on the seventy-sixth | 1952 |
day before the
day of that general election, or on the tenth day | 1953 |
following the
day on which the vacancy occurs, whichever is later. | 1954 |
When the vacancy occurs on or subsequent to the seventy-sixth day | 1955 |
and six
or more days prior to the fortieth day before the general | 1956 |
election, the
appropriate committee may select a person as the | 1957 |
party candidate and certify
the person's name, as provided in the | 1958 |
preceding sentence, not later than
four p.m. on the tenth day | 1959 |
following the day on which
the vacancy occurs. When the vacancy | 1960 |
occurs fewer
than six days before the fortieth day before the | 1961 |
general
election, the deadline for filing shall be four p.m. on | 1962 |
the
thirty-sixth day before the general election. Thereupon
the | 1963 |
name shall be printed as the party candidate under proper
titles | 1964 |
and in the proper place on the proper ballots for use at the | 1965 |
election. If a person has been nominated in a
primary election, | 1966 |
the authorized committee of that political
party shall not select | 1967 |
and certify a person as the party
candidate. | 1968 |
(J) Each person desiring to become an independent candidate | 1969 |
to
fill the unexpired term shall file a statement of candidacy and | 1970 |
nominating petition, as provided in section 3513.261 of the | 1971 |
Revised Code, with the appropriate election official not later | 1972 |
than four p.m. on the tenth day following the day on which the | 1973 |
vacancy occurs, provided that when the vacancy occurs fewer than | 1974 |
six days before the fortieth day before the general election, the | 1975 |
deadline for filing shall be four p.m. on the thirty-sixth day | 1976 |
before the general election. The nominating petition shall | 1977 |
contain at least seven hundred fifty signatures and no more than | 1978 |
one thousand five hundred signatures of qualified electors of the | 1979 |
district, political subdivision, or portion of a political | 1980 |
subdivision in which the office is to be voted upon, or the
amount | 1981 |
provided for in section 3513.257 of the Revised Code,
whichever is | 1982 |
less. | 1983 |
(K) When a person nominated as a candidate by a political | 1984 |
party in a primary
election or by nominating petition for an | 1985 |
elective office for which candidates are nominated at a party | 1986 |
primary election
withdraws
or, dies, or is disqualified under | 1987 |
section 3513.052 of the Revised Code prior to the general | 1988 |
election, the appropriate committee of
any other major political | 1989 |
party or committee of five that has not nominated a
candidate for | 1990 |
that office, or whose nominee as a candidate for
that office has | 1991 |
withdrawn
or, died, or been disqualified without the vacancy so | 1992 |
created having been
filled, may, acting as in the case of
a | 1993 |
vacancy in a party nomination or nomination by petition as | 1994 |
provided in
divisions (A) to (F) of this section, whichever
is | 1995 |
appropriate, select a person as a candidate of that party or of | 1996 |
that
committee of five for election to the office. | 1997 |
Sec. 3517.02. All members of controlling committees of a | 1998 |
major or intermediate political party shall be elected by direct | 1999 |
vote of the members of the party, except as otherwise provided in | 2000 |
section 3517.05 of the Revised Code. Their names shall be placed | 2001 |
upon the official ballot, and, notwithstanding division (B) of | 2002 |
section 3513.23 of the Revised Code, the persons receiving the | 2003 |
highest
number of votes for
committeemencommitteepersons shall be | 2004 |
the
members of
suchthose controlling committees. Each member of | 2005 |
sucha controlling
committee shall be a resident and qualified | 2006 |
elector of the
district, ward, or precinct
which he
that the | 2007 |
member is elected to
represent. All members of controlling | 2008 |
committees of a minor political party
shall be determined in | 2009 |
accordance with party rules. | 2010 |
Sec. 3517.03. The controlling committees of each major | 2017 |
political party or organization shall be a state central
committee | 2018 |
consisting of two members, one a man and one a woman,
representing | 2019 |
either each congressional district in the state or
each senatorial | 2020 |
district in the state, as the outgoing committee
determines; a | 2021 |
county central committee consisting of one member
from each | 2022 |
election precinct in the county, or of one member from
each ward | 2023 |
in each city and from each township in the county, as
the outgoing | 2024 |
committee determines; and such district, city,
township, or other | 2025 |
committees as the rules of the party provide. | 2026 |
All the members of such committees shall be members of the | 2027 |
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 held | 2029 |
in an even-numbered year.
CandidatesExcept as otherwise provided | 2030 |
in section 3517.02 of the Revised Code, candidates for election as | 2031 |
state
central committee members shall be elected at primaries in | 2032 |
the
same manner as provided in sections 3513.01 to 3513.32 of the | 2033 |
Revised Code, for the nomination of candidates for office in a | 2034 |
county. Candidates for election as members of the county central | 2035 |
committee shall be elected at primaries in the same manner as | 2036 |
provided in
suchthose sections for the nomination of candidates | 2037 |
for
county offices, except as otherwise provided in
section | 2038 |
sections 3513.051
and 3517.02
of the
of the Revised Code. | 2039 |
Each major party controlling committee shall elect an | 2040 |
executive committee
whichthat shall have
suchthe powers
as are | 2041 |
granted
to it by the party controlling committee, and
as are | 2042 |
provided
to it by
law. When a judicial, senatorial, or | 2043 |
congressional district is
comprised of more than one county, the | 2044 |
chairperson and
secretary of the county central committee from | 2045 |
each county in
suchthat district
shall constitute the judicial, | 2046 |
senatorial, or congressional
committee of
suchthe district. When | 2047 |
a judicial, senatorial, or
congressional district is included | 2048 |
within a county, the county
central committee shall constitute the | 2049 |
judicial, senatorial, or
congressional committee of
suchthe | 2050 |
district. | 2051 |
The controlling committee of each intermediate political | 2052 |
party or organization shall be a state central committee | 2053 |
consisting of two members, one a man and one a woman, from each | 2054 |
congressional district in the state. All members of
suchthe | 2055 |
committee shall be members of the party and shall be elected by | 2056 |
direct vote at the primary held in the even-numbered years. | 2057 |
CandidatesExcept as otherwise provided in section 3517.02 of the | 2058 |
Revised Code, candidates for election shall be elected at the | 2059 |
primary in the
same manner as provided in sections 3513.01 to | 2060 |
3513.32 of the
Revised Code. An intermediate political party may | 2061 |
have such
other party organization as its rules provide. Each | 2062 |
intermediate
party shall file the names and addresses of its | 2063 |
officers with the
secretary of state. | 2064 |
A minor political party may elect controlling committees at
a | 2065 |
primary election in the even-numbered year by filing a plan for | 2066 |
party organization with the secretary of state on or before the | 2067 |
ninetieth day before the day of the primary election.
SuchThe | 2068 |
plan
shall specify which offices are to be elected and provide the | 2069 |
procedure for qualification of candidates for
suchthose offices. | 2070 |
Candidates to be elected pursuant to
suchthe plan shall be | 2071 |
required
to be designated and qualified on or before the ninetieth | 2072 |
day
before the day of the election. Such parties may, in lieu of | 2073 |
electing a controlling committee or other officials, choose such | 2074 |
committee or other officials in accordance with party rules. Each | 2075 |
such party
shall file the names and addresses of members of
its | 2076 |
controlling committee and party officers with the secretary
of | 2077 |
state. | 2078 |
Sec. 3519.03. (A) The committee named in a initiative | 2079 |
petition may prepare the
argument or explanation, or both, in | 2080 |
favor of the measure proposed, and the
committee named in a | 2081 |
referendum petition may prepare the argument or
explanation, or | 2082 |
both, against any law,or section, or item of law. The persons | 2083 |
who
prepare the argument or explanation, or both, in opposition to | 2084 |
the
initiated proposal, or the argument or explanation, or both, | 2085 |
in
favor of the
measure to be referred shall be named by the | 2086 |
general
assembly, if
it is in session,
and if not in session, then | 2087 |
or by
the governor, if the general assembly is not in session. | 2088 |
Such
argument or explanation, or
both, shall not exceed three | 2089 |
hundred
words, and shall be filed with the
secretary of state at | 2090 |
least
seventy-five days prior to the date of the
election at which | 2091 |
the
measure is to be voted upon. | 2092 |
(B)(1) If the committee named in an initiative petition, the | 2093 |
committee named in a referendum petition, or other persons | 2094 |
designated under division (A) of this section fail to prepare and | 2095 |
file their arguments or explanations by the seventy-fifth day | 2096 |
before the date of the election, the secretary of state shall | 2097 |
notify the Ohio ballot board that those arguments or explanations | 2098 |
have not been so prepared and filed. The board then shall prepare | 2099 |
the
missing arguments or explanations or designate a group of | 2100 |
persons
to prepare those arguments or explanations. All arguments | 2101 |
or
explanations prepared under this division shall be filed with | 2102 |
the
secretary of state no later than seventy days before the date | 2103 |
of
the election. No argument or explanation shall exceed three | 2104 |
hundred words. | 2105 |
(2) If the Ohio ballot board fails to provide for the | 2106 |
preparation of missing arguments or explanations under division | 2107 |
(B)(1) of this section after being notified by the secretary of | 2108 |
state that one or more arguments or explanations have not been | 2109 |
timely prepared and filed, the positions of the four appointed | 2110 |
members of the board shall be considered vacant, and new members | 2111 |
shall be appointed in the manner provided for original | 2112 |
appointments. | 2113 |
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 Revised | 2123 |
Code are
presented in this act
as composites of the sections as | 2124 |
amended by
both
Am. Sub. H.B. 99 and Am. Sub. H.B. 117 of the | 2125 |
121st General
Assembly. The General Assembly, applying the | 2126 |
principle stated in
division (B) of section 1.52 of the Revised | 2127 |
Code that amendments
are to be harmonized if reasonably capable of | 2128 |
simultaneous
operation, finds that the composites are the | 2129 |
resulting
versions of
the sections in effect prior to the | 2130 |
effective date of
the sections
as presented in this act. | 2131 |