| Sec. 3501.10. (A) The board of elections shall, as an | 15 |
|
expense of the board, provide suitable rooms for its offices and | 16 |
|
records and the necessary and proper furniture and supplies for | 17 |
suchthose rooms. The board may lease such offices and rooms, | 18 |
necessary to its operation, for suchthe length of time and upon | 19 |
suchthe
terms as the board deems in the best interests of the | 20 |
| public,
provided that the term of any such lease shall not exceed | 21 |
| fifteen
years. | 22 |
| Thirty days prior to entering into such a lease, the board | 23 |
| shall notify the
board of county commissioners in writing of its | 24 |
| intent to enter into the
lease. The notice shall specify the terms | 25 |
| and conditions of the lease. Prior
to the thirtieth day after | 26 |
| receiving that notice and before any lease is
entered into, the | 27 |
| board of county commissioners may reject the proposed lease
by a | 28 |
| majority vote. After receiving written notification of the | 29 |
| rejection by
the board of county commissioners, the board of | 30 |
| elections shall not enter into
the lease that was rejected, but | 31 |
| may immediately enter into additional lease
negotiations, subject | 32 |
| to the requirements of this section. | 33 |
| The board of
elections in any county may, by resolution, | 34 |
| request that the board of county
commissioners submit to the | 35 |
| electors of the county, in accordance with section
133.18 of the | 36 |
| Revised Code, the question of issuing bonds for the acquisition
of | 37 |
| real estate and the construction on it of a suitable building with | 38 |
|
necessary furniture and equipment for the proper administration of | 39 |
| the duties
of the board of elections. The resolution declaring the | 40 |
| necessity for issuing
such bonds shall relate only to the | 41 |
| acquisition of real estate and to the
construction, furnishing, | 42 |
| and equipping of a building as provided in this
division. | 43 |
| (B) The board of elections in each county shall keep its | 44 |
|
offices, or one or more of its branch registration offices, open | 45 |
for the performance of its duties an additional seven hours
each | 46 |
week for
three weeks before the closeuntil nine p.m. on the last | 47 |
| day of registration before a general or
primary election. At
all | 48 |
| other times during each week, the board shall keep its
offices and | 49 |
rooms open for a period of time that suchthe board
considers | 50 |
| necessary for the performance of its duties. | 51 |
(D) Beginning with
calendar year 1998, theThe secretary of | 78 |
| state shall establish, by rule
adopted under section 111.15 of the | 79 |
|
Revised Code, the maximum
amount of per diem compensation that may | 80 |
| be paid to judges of an
election under this section each time the | 81 |
| Fair Labor
Standards
Act is amended to increase the minimum hourly | 82 |
| rate established
by the act. Upon learning of such an increase, | 83 |
| the secretary of
state shall determine by what percentage the | 84 |
| minimum hourly rate
has been increased under the act and establish | 85 |
| a new
maximum amount of per diem compensation that judges of an | 86 |
| election
may be paid under this section that is increased by the | 87 |
| same
percentage that the minimum hourly rate has been increased | 88 |
| under
the act. | 89 |
(E)(1) Beginning with calendar year 1990, noNo board of | 90 |
| elections
shall increase the pay of a judge of an election under | 91 |
|
this section
during a calendar year unless the board has given | 92 |
| written notice
of the proposed increase to the board of county | 93 |
| commissioners not
later than the first day of October of the | 94 |
preceding calendar
year.
Beginning with calendar year 1998, except | 95 |
| Except as otherwise provided in division
(E)(2) of this section, | 96 |
| no board of elections
shall increase the
pay of a judge of
an | 97 |
| election during a calendar year
by more than nine per cent over | 98 |
| the compensation paid to
a judge of an election in the county | 99 |
| where the board is located during the
previous calendar year. | 100 |
| (G) Notwithstanding any provision of the Revised Code to the | 111 |
| contrary, any employee of the state or of any political | 112 |
| subdivision of the state may serve as a judge of elections on the | 113 |
| day of an election without loss of the employee's regular | 114 |
| compensation for that day and without the employee being | 115 |
| considered to have been absent from work on that day. No such | 116 |
| employee shall be required to charge the time that the employee | 117 |
| otherwise would have been working for the employee's regular | 118 |
| employer to vacation or any other type of paid leave. In addition | 119 |
| to the employee's regular compensation, the employee shall receive | 120 |
| the compensation paid to the judge of an election under division | 121 |
| (B), (C), or (D) of this section. | 122 |
| Sec. 3509.07. If
election officials find
that
the statement | 130 |
|
accompanying an absent
voter's ballot or absent
voter's | 131 |
|
presidential ballot is insufficient, that the
signatures
do not | 132 |
|
correspond with
the person's registration
signature,
that the | 133 |
|
applicant is not a qualified elector in the precinct,
that the | 134 |
|
ballot envelope
contains more than one ballot of any one
kind, or | 135 |
any voted ballot
that the
elector is not
entitled to vote,, or | 136 |
|
that Stub A is detached from the absent
voter's ballot or absent | 137 |
|
voter's presidential ballot, the vote
shall not be accepted or | 138 |
counted.
Whenever it appears to the
election
officials by | 139 |
sufficient proof that any
elector
who has
marked and forwarded
the | 140 |
elector's ballot as
provided
in
section 3509.05
of the Revised | 141 |
Code has died,
the ballot
of
the deceased voter shall not
be | 142 |
counted. The vote of any
absent voter may be challenged for cause | 143 |
|
in the
same manner as
other votes are challenged, and the
election | 144 |
|
officials shall
determine the
legality of
that ballot.
Every | 145 |
|
ballot not
counted shall
be indorsed on
its back
"Not
Counted" | 146 |
|
with
the reasons
the ballot was not counted, and shall
be
enclosed | 147 |
|
and
returned to or retained by the board of elections
along with | 148 |
| the
contested
ballots. | 149 |
| (2) A vacancy may be filled under division
(A)(1)(a) and a | 168 |
|
selection may be made under division
(A)(1)(b) of this section
by | 169 |
|
the appropriate committee of the political party in the same | 170 |
|
manner as provided in divisions
(A)
to (E) of section
3513.31
of | 171 |
| the Revised Code for the filling of similar vacancies
created
by | 172 |
| withdrawals
or disqualifications under section 3513.052
of the | 173 |
|
Revised Code after the primary election, except that
the | 174 |
|
certification required under that
section may not be filed with | 175 |
|
the secretary of state, or with a board of the most populous | 176 |
|
county of a district, or with the board of a county in which the | 177 |
|
major portion of the population of a subdivision is located,
later | 178 |
|
than four p.m. of the tenth day before the day of such
primary | 179 |
|
election, or with any other board later than four p.m.
of the | 180 |
|
fifth day before the day of such primary election. | 181 |
| (3) If only one valid declaration of candidacy is
filed for | 182 |
|
nomination as a candidate of a political party for an
office and | 183 |
|
that candidate dies on or after the tenth day before
the day of | 184 |
|
the primary election, that candidate is considered to
have | 185 |
|
received the nomination of that candidate's political party at | 186 |
|
that
primary election, and, for purposes of filling the vacancy so | 187 |
|
created,
that candidate's death shall be treated as if that | 188 |
|
candidate died on the day
after the day of the primary election. | 189 |
| (B) Any person filing a declaration of candidacy may
withdraw | 190 |
| as such candidate at any time prior to the fortieth day before the | 191 |
| primary
election, or,
if the primary
election is a presidential | 192 |
| primary
election, at any time prior to
the fiftieth day before the | 193 |
|
presidential primary election. The withdrawal
shall be effected | 194 |
|
and
the statement of withdrawal shall be filed in accordance with | 195 |
|
the
procedures prescribed in division (D) of this section
for the | 196 |
|
withdrawal of persons nominated in a primary election or
by | 197 |
|
nominating petition. | 198 |
| (C) A person who is the first choice for president of
the | 199 |
|
United States by a candidate for delegate or alternate to a | 200 |
|
national convention of a political party may withdraw consent
for | 201 |
|
the selection of the person as such first choice
no later than | 202 |
|
four p.m. of
the thirtieth day before the day of the
presidential | 203 |
|
primary election. Withdrawal
of consent shall be for the entire | 204 |
|
slate of
candidates for delegates and alternates who named such | 205 |
|
person as
their presidential first choice and shall constitute | 206 |
|
withdrawal
from the primary election by such delegates and | 207 |
|
alternates. The
withdrawal shall be made in writing and delivered | 208 |
|
to the
secretary of state. The boards of elections shall remove | 209 |
|
both
the name of the withdrawn first choice and the names of such | 210 |
|
withdrawn candidates from the ballots to the extent practicable
in | 211 |
|
the time remaining before the election and according to the | 212 |
|
directions of the secretary of state. If such names are not | 213 |
|
removed from all ballots before the day of the election, the
votes | 214 |
|
for the withdrawn first choice or candidates are void and
shall | 215 |
|
not be counted. | 216 |
| (D) Any person nominated in a primary election or by | 217 |
|
nominating
petition as a candidate for election at the next | 218 |
|
general election
may withdraw as such candidate at any time prior | 219 |
|
to the fortieth day before the
general election.
Such
withdrawal | 220 |
| may be effected by the
filing of a written statement
by such | 221 |
| candidate announcing the
candidate's withdrawal and
requesting | 222 |
| that the candidate's name
not be printed on the
ballots. If such | 223 |
| candidate's
declaration of
candidacy or nominating petition was | 224 |
| filed with
the secretary of
state, the candidate's statement of | 225 |
|
withdrawal shall be
addressed
to and filed with the secretary of | 226 |
| state. If such
candidate's
declaration of candidacy or nominating | 227 |
| petition was
filed with a
board of elections, the candidate's | 228 |
statement
of withdrawal
shall
be addressed to, and filed with such | 229 |
| that board. | 230 |
| (E) When a person withdraws under division
(B) or (D) of
this | 231 |
| section, the board of
elections shall remove the name of the | 232 |
|
withdrawn candidate from
the ballots to the extent practicable in | 233 |
|
the time remaining
before the election and according to the | 234 |
|
directions of the
secretary of state. If the name is not removed | 235 |
|
from all ballots
before the day of the election, the votes for the | 236 |
|
withdrawn
candidate are void and shall not be counted. | 237 |
| (1)
"Shall the sale of .......... (insert
beer, wine and | 247 |
|
mixed
beverages, or intoxicating liquor) be
permitted
by | 248 |
| .......... (insert
name of applicant, liquor permit
holder, or | 249 |
|
liquor agency store,
including trade or fictitious
name under | 250 |
|
which applicant for, or
holder of, liquor permit or
liquor agency | 251 |
|
store either intends to
do, or does, business
at
the particular | 252 |
|
location), an ..........
(insert
"applicant for" or
"holder
of" or | 253 |
|
"operator of") a .......... (insert class name of liquor
permit or | 254 |
|
permits followed by
the words
"liquor permit(s)" or,
if | 255 |
|
appropriate, the words
"liquor
agency store for the State of | 256 |
|
Ohio"), who is engaged in the
business of .......... (insert | 257 |
| general
nature of the business in
which
applicant or liquor permit | 258 |
|
holder
is engaged or will be
engaged
in at the
particular | 259 |
| location,
as
described in the
petition) at
.......... (insert | 260 |
| address of
the
particular
location within the
precinct as set | 261 |
| forth in the
petition) in this
precinct?" | 262 |
| (2)
"Shall the sale of .......... (insert
beer, wine and | 263 |
|
mixed
beverages, or intoxicating liquor) be
permitted for sale on | 264 |
|
Sunday
between the hours of .......... (insert "ten a.m. and | 265 |
| midnight" or
"one p.m. and midnight")
by .......... (insert name | 266 |
| of applicant,
liquor permit
holder, or
liquor agency store, | 267 |
| including trade or
fictitious name
under
which applicant for, or | 268 |
| holder of, liquor
permit or liquor
agency
store either intends to | 269 |
| do, or does,
business at the
particular
location), an ...... | 270 |
| (insert
"applicant
for a D-6 liquor
permit,"
"holder of a
D-6 | 271 |
| liquor permit,"
"applicant for or holder
of an
A-1-A, A-2, C-1, | 272 |
| C-2x,
D-1,
D-2x,
D-3, D-3x,
D-4, D-5, D-5b,
D-5c,
D-5e, D-5f, | 273 |
| D-5g,
D-5h, D-5i,
D-5j,
D-5k,
or D-7 liquor
permit,"
if only
the | 274 |
| approval of beer
sales is
sought,
or
"liquor agency
store")
who is | 275 |
| engaged in the
business
of .......... (insert
general
nature of | 276 |
|
the business in
which
applicant or liquor permit
holder
is engaged | 277 |
| or will be
engaged
in at the
particular
location,
as
described in | 278 |
| the
petition)
at .......... (insert
address of the
particular | 279 |
| location
within the
precinct) in this
precinct?" | 280 |
"At a previous election held under section 4301.355 of the | 285 |
Revised
Code, the electors approved the
sale of .......... (insert | 286 |
beer, wine and mixed
beverages,
or intoxicating liquor, as | 287 |
appropriate)
at .......... (insert business
name and address of | 288 |
the
particular location or locations within
the precinct where
| 289 |
that
sale has been approved at a previous
election under section | 290 |
4301.355 of the
Revised
Code)." | 291 |
(D) The board of elections shall furnish printed ballots at | 292 |
|
the
election as provided under section 3505.06 of the
Revised | 293 |
|
Code,
except that a separate
ballot shall be used for the election | 294 |
under
this section. The
question and,
if applicable, the
statement | 295 |
| set
forth in this section shall be
printed on each
ballot, and the | 296 |
board shall insert in the
question and statement
appropriate words | 297 |
to complete eachit. Votes
shall be cast as
provided under section | 298 |
|
3505.06 of the
Revised
Code. | 299 |