Sec. 3501.10. (A) The board of elections shall, as an | 25 |
expense of the board, provide suitable rooms for its offices and | 26 |
records and the necessary and proper furniture and supplies for | 27 |
suchthose rooms. The board may lease such offices and rooms, | 28 |
necessary to its operation, for suchthe length of time and upon | 29 |
suchthe
terms as the board deems in the best interests of the | 30 |
public,
provided that the term of any such lease shall not exceed | 31 |
fifteen
years. | 32 |
Thirty days prior to entering into such a lease, the board | 33 |
shall notify the
board of county commissioners in writing of its | 34 |
intent to enter into the
lease. The notice shall specify the terms | 35 |
and conditions of the lease. Prior
to the thirtieth day after | 36 |
receiving that notice and before any lease is
entered into, the | 37 |
board of county commissioners may reject the proposed lease
by a | 38 |
majority vote. After receiving written notification of the | 39 |
rejection by
the board of county commissioners, the board of | 40 |
elections shall not enter into
the lease that was rejected, but | 41 |
may immediately enter into additional lease
negotiations, subject | 42 |
to the requirements of this section. | 43 |
The board of
elections in any county may, by resolution, | 44 |
request that the board of county
commissioners submit to the | 45 |
electors of the county, in accordance with section
133.18 of the | 46 |
Revised Code, the question of issuing bonds for the acquisition
of | 47 |
real estate and the construction on it of a suitable building with | 48 |
necessary furniture and equipment for the proper administration of | 49 |
the duties
of the board of elections. The resolution declaring the | 50 |
necessity for issuing
such bonds shall relate only to the | 51 |
acquisition of real estate and to the
construction, furnishing, | 52 |
and equipping of a building as provided in this
division. | 53 |
(B) The board of elections in each county shall keep its | 54 |
offices, or one or more of its branch registration offices, open | 55 |
for the performance of its duties an additional seven hours
each | 56 |
week for
three weeks before the closeuntil nine p.m. on the last | 57 |
day of registration before a general or
primary election. At
all | 58 |
other times during each week, the board shall keep its
offices and | 59 |
rooms open for a period of time that suchthe board
considers | 60 |
necessary for the performance of its duties. | 61 |
(D) Beginning with
calendar year 1998, theThe secretary of | 88 |
state shall establish, by rule
adopted under section 111.15 of the | 89 |
Revised Code, the maximum
amount of per diem compensation that may | 90 |
be paid to judges of an
election under this section each time the | 91 |
Fair Labor
Standards
Act is amended to increase the minimum hourly | 92 |
rate established
by the act. Upon learning of such an increase, | 93 |
the secretary of
state shall determine by what percentage the | 94 |
minimum hourly rate
has been increased under the act and establish | 95 |
a new
maximum amount of per diem compensation that judges of an | 96 |
election
may be paid under this section that is increased by the | 97 |
same
percentage that the minimum hourly rate has been increased | 98 |
under
the act. | 99 |
(E)(1) Beginning with calendar year 1990, noNo board of | 100 |
elections
shall increase the pay of a judge of an election under | 101 |
this section
during a calendar year unless the board has given | 102 |
written notice
of the proposed increase to the board of county | 103 |
commissioners not
later than the first day of October of the | 104 |
preceding calendar
year.
Beginning with calendar year 1998, except | 105 |
Except as otherwise provided in division
(E)(2) of this section, | 106 |
no board of elections
shall increase the
pay of a judge of
an | 107 |
election during a calendar year
by more than nine per cent over | 108 |
the compensation paid to
a judge of an election in the county | 109 |
where the board is located during the
previous calendar year. | 110 |
(a) For employees of a county office, department, commission, | 126 |
board, or other entity, or of a court of common pleas, county | 127 |
court, or county-operated municipal court, as defined in section | 128 |
1901.03 of the Revised Code, the employee's appointing authority | 129 |
may permit leave with pay for this service in accordance with a | 130 |
resolution setting forth the terms and conditions for that leave | 131 |
passed by the board of county commissioners. | 132 |
Sec. 3509.07. If
election officials find
that
the statement | 161 |
accompanying an absent
voter's ballot or absent
voter's | 162 |
presidential ballot is insufficient, that the
signatures
do not | 163 |
correspond with
the person's registration
signature,
that the | 164 |
applicant is not a qualified elector in the precinct,
that the | 165 |
ballot envelope
contains more than one ballot of any one
kind, or | 166 |
any voted ballot
that the
elector is not
entitled to vote,, or | 167 |
that Stub A is detached from the absent
voter's ballot or absent | 168 |
voter's presidential ballot, the vote
shall not be accepted or | 169 |
counted.
Whenever it appears to the
election
officials by | 170 |
sufficient proof that any
elector
who has
marked and forwarded
the | 171 |
elector's ballot as
provided
in
section 3509.05
of the Revised | 172 |
Code has died,
the ballot
of
the deceased voter shall not
be | 173 |
counted. The vote of any
absent voter may be challenged for cause | 174 |
in the
same manner as
other votes are challenged, and the
election | 175 |
officials shall
determine the
legality of
that ballot.
Every | 176 |
ballot not
counted shall
be indorsed on
its back
"Not
Counted" | 177 |
with
the reasons
the ballot was not counted, and shall
be
enclosed | 178 |
and
returned to or retained by the board of elections
along with | 179 |
the
contested
ballots. | 180 |
(2) A vacancy may be filled under division
(A)(1)(a) and a | 199 |
selection may be made under division
(A)(1)(b) of this section
by | 200 |
the appropriate committee of the political party in the same | 201 |
manner as provided in divisions
(A)
to (E) of section
3513.31
of | 202 |
the Revised Code for the filling of similar vacancies
created
by | 203 |
withdrawals
or disqualifications under section 3513.052
of the | 204 |
Revised Code after the primary election, except that
the | 205 |
certification required under that
section may not be filed with | 206 |
the secretary of state, or with a board of the most populous | 207 |
county of a district, or with the board of a county in which the | 208 |
major portion of the population of a subdivision is located,
later | 209 |
than four p.m. of the tenth day before the day of such
primary | 210 |
election, or with any other board later than four p.m.
of the | 211 |
fifth day before the day of such primary election. | 212 |
(3) If only one valid declaration of candidacy is
filed for | 213 |
nomination as a candidate of a political party for an
office and | 214 |
that candidate dies on or after the tenth day before
the day of | 215 |
the primary election, that candidate is considered to
have | 216 |
received the nomination of that candidate's political party at | 217 |
that
primary election, and, for purposes of filling the vacancy so | 218 |
created,
that candidate's death shall be treated as if that | 219 |
candidate died on the day
after the day of the primary election. | 220 |
(B) Any person filing a declaration of candidacy may
withdraw | 221 |
as such candidate at any time prior to the fortieth day before the | 222 |
primary
election, or,
if the primary
election is a presidential | 223 |
primary
election, at any time prior to
the fiftieth day before the | 224 |
presidential primary election. The withdrawal
shall be effected | 225 |
and
the statement of withdrawal shall be filed in accordance with | 226 |
the
procedures prescribed in division (D) of this section
for the | 227 |
withdrawal of persons nominated in a primary election or
by | 228 |
nominating petition. | 229 |
(C) A person who is the first choice for president of
the | 230 |
United States by a candidate for delegate or alternate to a | 231 |
national convention of a political party may withdraw consent
for | 232 |
the selection of the person as such first choice
no later than | 233 |
four p.m. of
the thirtieth day before the day of the
presidential | 234 |
primary election. Withdrawal
of consent shall be for the entire | 235 |
slate of
candidates for delegates and alternates who named such | 236 |
person as
their presidential first choice and shall constitute | 237 |
withdrawal
from the primary election by such delegates and | 238 |
alternates. The
withdrawal shall be made in writing and delivered | 239 |
to the
secretary of state. The boards of elections shall remove | 240 |
both
the name of the withdrawn first choice and the names of such | 241 |
withdrawn candidates from the ballots to the extent practicable
in | 242 |
the time remaining before the election and according to the | 243 |
directions of the secretary of state. If such names are not | 244 |
removed from all ballots before the day of the election, the
votes | 245 |
for the withdrawn first choice or candidates are void and
shall | 246 |
not be counted. | 247 |
(D) Any person nominated in a primary election or by | 248 |
nominating
petition as a candidate for election at the next | 249 |
general election
may withdraw as such candidate at any time prior | 250 |
to the fortieth day before the
general election.
Such
withdrawal | 251 |
may be effected by the
filing of a written statement
by such | 252 |
candidate announcing the
candidate's withdrawal and
requesting | 253 |
that the candidate's name
not be printed on the
ballots. If such | 254 |
candidate's
declaration of
candidacy or nominating petition was | 255 |
filed with
the secretary of
state, the candidate's statement of | 256 |
withdrawal shall be
addressed
to and filed with the secretary of | 257 |
state. If such
candidate's
declaration of candidacy or nominating | 258 |
petition was
filed with a
board of elections, the candidate's | 259 |
statement
of withdrawal
shall
be addressed to, and filed with such | 260 |
that board. | 261 |
(E) When a person withdraws under division
(B) or (D) of
this | 262 |
section, the board of
elections shall remove the name of the | 263 |
withdrawn candidate from
the ballots to the extent practicable in | 264 |
the time remaining
before the election and according to the | 265 |
directions of the
secretary of state. If the name is not removed | 266 |
from all ballots
before the day of the election, the votes for the | 267 |
withdrawn
candidate are void and shall not be counted. | 268 |
Sec. 3519.16. If theThe circulator of any part-petition, | 269 |
the
committee interested thereinin the petition, or any elector | 270 |
filesmay file with the board
of elections a protest against the | 271 |
board's findings made pursuant
to section 3519.15 of the Revised | 272 |
Code, then. Protests shall be in writing and shall specify reasons | 273 |
for
the protest. Protests for all
initiative and referendum | 274 |
petitions
other than those to be voted
on by electors throughout | 275 |
the entire
state shall be filed not
later than four p.m. of the | 276 |
sixty-fourth
day before the day of the
election. Once a protest is | 277 |
filed, the board shall
proceed to establish the sufficiency or | 278 |
insufficiency of the
signatures and of the verification thereofof | 279 |
those signatures in an action before
the court of common pleas in | 280 |
the county. SuchThe action mustshall be
brought within three | 281 |
days after the protest has beenis filed, and
the caseit shall be | 282 |
heard forthwith by a judge of suchthat court, whose
decision | 283 |
shall be certified to the board. The signatures whichthat are | 284 |
adjudged sufficient or the part-petitions whichthat are adjudged | 285 |
properly verified shall be included with the others by the board, | 286 |
and those found insufficient and all those part-petitions which | 287 |
that are adjudged not properly verified shall not be included. The | 288 |
The
properly verified part-petitions, together with the | 289 |
report of the
board, shall be returned to the secretary of state | 290 |
not less than
fifty days before the election, provided that, in | 291 |
the case of an
initiated law to be presented to the general | 292 |
assembly, the boards
shall promptly check and return the petitions | 293 |
together with their
report. The secretary of state shall notify | 294 |
the chairmanchairperson of the committee in charge of the | 295 |
circulation as to the
sufficiency or
insufficiency of the petition | 296 |
and the extent of the
insufficiency. If | 297 |
If the petition is found insufficient because of
an | 298 |
insufficient number of valid signatures, suchthe committee shall | 299 |
be allowed ten additional days after suchthe notification by the | 300 |
secretary of state for the filing of additional signatures to
such | 301 |
the petition. The part-petitions of the supplementary petition | 302 |
whichthat appear to the secretary of state to be properly | 303 |
verified,
upon their receipt thereof by the secretary of state, | 304 |
shall forthwith
be forwarded to the boards of the several counties | 305 |
together with
the part-petitions of the original petition which | 306 |
that have been
properly verified, and. They shall be immediately | 307 |
examined and passed
upon as to the validity and sufficiency of the | 308 |
signatures thereonon them by each of suchthe boards and returned | 309 |
within five days to the
secretary of state with the boards' report | 310 |
of each board. No signature on a
supplementary part-petition which | 311 |
that is the same as a signature on
an original part-petition shall | 312 |
be counted. The number of
signatures in both the original and | 313 |
supplementary petitions,
properly verified, shall be used by the | 314 |
secretary of state in
determining the total number of signatures | 315 |
to the petition which
hethat the secretary of state shall record | 316 |
and announce. If they
are sufficient, then suchthe amendment, | 317 |
proposed law, or law shall be placed on
the ballot as required by | 318 |
law. If the petition is found insufficient, the
secretary of state | 319 |
shall notify the committee in charge of the
circulation of the | 320 |
petition. | 321 |
(C) NothingExcept as provided in division (D) of this | 344 |
section, nothing in Chapter 4117. of the Revised Code prohibits | 345 |
public employers from electing to engage in collective
bargaining, | 346 |
to meet and confer, to hold discussions, or to engage in any other | 347 |
form of
collective negotiations with public employees who are not | 348 |
subject
to Chapter 4117. of the Revised Code pursuant to division | 349 |
(C) of
section 4117.01 of the Revised Code. | 350 |
(1)
"Shall the sale of .......... (insert
beer, wine and | 381 |
mixed
beverages, or intoxicatingspirituous liquor) be
permitted | 382 |
by .......... (insert
name of applicant, liquor permit
holder, or | 383 |
liquor agency store,
including trade or fictitious
name under | 384 |
which applicant for, or
holder of, liquor permit or
liquor agency | 385 |
store either intends to
do, or does, business
at
the particular | 386 |
location), an ..........
(insert
"applicant for" or
"holder
of" or | 387 |
"operator of") a .......... (insert class name of liquor
permit or | 388 |
permits followed by
the words
"liquor permit(s)" or,
if | 389 |
appropriate, the words
"liquor
agency store for the State of | 390 |
Ohio"), who is engaged in the
business of .......... (insert | 391 |
general
nature of the business in
which
applicant or liquor permit | 392 |
holder
is engaged or will be
engaged
in at the
particular | 393 |
location,
as
described in the
petition) at
.......... (insert | 394 |
address of
the
particular
location within the
precinct as set | 395 |
forth in the
petition) in this
precinct?" | 396 |
(2)
"Shall the sale of .......... (insert
beer, wine and | 397 |
mixed
beverages, or intoxicatingspirituous liquor) be
permitted | 398 |
for sale on
Sunday
between the hours of .......... (insert "ten | 399 |
a.m. and midnight" or
"one p.m. and midnight")
by .......... | 400 |
(insert name of applicant,
liquor permit
holder, or
liquor agency | 401 |
store, including trade or
fictitious name
under
which applicant | 402 |
for, or holder of, liquor
permit or liquor
agency
store either | 403 |
intends to do, or does,
business at the
particular
location), an | 404 |
...... (insert
"applicant
for a D-6 liquor
permit,"
"holder of a | 405 |
D-6 liquor permit,"
"applicant for or holder
of an
A-1-A, A-2, | 406 |
C-1, C-2x,
D-1,
D-2x,
D-3, D-3x,
D-4, D-5, D-5b,
D-5c,
D-5e, D-5f, | 407 |
D-5g,
D-5h, D-5i,
D-5j,
D-5k,
or D-7 liquor
permit,"
if only
the | 408 |
approval of beer
sales is
sought,
or
"liquor agency
store")
who is | 409 |
engaged in the
business
of .......... (insert
general
nature of | 410 |
the business in
which
applicant or liquor permit
holder
is engaged | 411 |
or will be
engaged
in at the
particular
location,
as
described in | 412 |
the
petition)
at .......... (insert
address of the
particular | 413 |
location
within the
precinct) in this
precinct?" | 414 |
"At a previous election held under section 4301.355 of the | 419 |
Revised
Code, the electors approved the
sale of .......... (insert | 420 |
beer, wine and mixed
beverages,
or intoxicating liquor, as | 421 |
appropriate)
at .......... (insert business
name and address of | 422 |
the
particular location or locations within
the precinct where
| 423 |
that
sale has been approved at a previous
election under section | 424 |
4301.355 of the
Revised
Code)." | 425 |
(D) The board of elections shall furnish printed ballots at | 426 |
the
election as provided under section 3505.06 of the
Revised | 427 |
Code,
except that a separate
ballot shall be used for the election | 428 |
under
this section. The
question and,
if applicable, the
statement | 429 |
set
forth in this section shall be
printed on each
ballot, and the | 430 |
board shall insert in the
question and statement
appropriate words | 431 |
to complete eachit. Votes
shall be cast as
provided under section | 432 |
3505.06 of the
Revised
Code. | 433 |
Sec. 4301.365. (A) If a majority of the electors in
a | 434 |
precinct vote
"yes" on questions
(B)(1) and (2) as set forth in | 435 |
section
4301.355 of the Revised
Code, the sale of beer, wine and | 436 |
mixed beverages, or
intoxicatingspirituous liquor, whichever was | 437 |
the subject
of the
election,
shall be allowed at the particular | 438 |
location
and
for the use, and during the hours on Sunday, | 439 |
specified in the
questions under each permit
applied
for by the | 440 |
petitioner
or at
the address listed for the
liquor
agency store | 441 |
subject only
to
Chapters 4301.this chapter and Chapter 4303. of | 442 |
the
Revised
Code. Failure to
continue
to
use the particular | 443 |
location
for any proposed or stated
use set
forth in the petition
| 444 |
is
grounds for the denial
of a renewal of
the liquor
permit under | 445 |
division
(A) of section 4303.271 of the
Revised
Code
or
is
grounds | 446 |
for the
nonrenewal or cancellation of
the
liquor agency
store | 447 |
contract
by the division of liquor
control,
except in the
case | 448 |
where the
liquor permit holder or
liquor agency
store decides
to | 449 |
cease the
sale of beer, wine and
mixed beverages,
or
intoxicating | 450 |
spirituous liquor, whichever was the subject
of the election,
on | 451 |
Sundays. | 452 |
(B) If a majority of the
electors in a precinct vote
"yes"
on | 453 |
question
(B)(1) and
"no" on question
(B)(2) as set forth in | 454 |
section
4301.355 of the Revised
Code, the sale of beer, wine and | 455 |
mixed beverages, or
intoxicatingspirituous liquor, whichever was | 456 |
the subject
of the
election, shall be allowed at the particular | 457 |
location
for
the use specified in question
(B)(1) of section | 458 |
4301.355 of the
Revised
Code and under each permit
applied for by | 459 |
the petitioner,
except for a
D-6 permit, subject only to
Chapters | 460 |
4301.this chapter and Chapter 4303.
of the
Revised
Code. | 461 |
(C) If a majority of the
electors in a precinct vote
"no" on | 462 |
question
(B)(1) as set forth in section
4301.355 of the Revised | 463 |
Code, no sales of beer, wine and mixed beverages, or
intoxicating | 464 |
spirituous liquor, whichever was the subject of the
election, | 465 |
shall be
allowed at the particular location
for the use specified | 466 |
in the
petition during the period the
election is in effect as | 467 |
defined in
section 4301.37 of the
Revised
Code. | 468 |
(D) If a majority of the
electors in a precinct vote only on | 469 |
question
(B)(2) as set forth in section
4301.355 of the Revised
| 470 |
Code and that vote results in
a majority
"yes" vote, sales of | 471 |
beer, wine and mixed
beverages, or intoxicatingspirituous liquor, | 472 |
whichever
was the
subject of the election,
shall be allowed at the | 473 |
particular location for the use
and during the hours
specified in | 474 |
the petition on
Sunday during the period the
election is in effect | 475 |
as defined in
section 4301.37 of the
Revised
Code. | 476 |
(E) If a majority of the
electors in a precinct vote only on | 477 |
question
(B)(2) as set forth in section
4301.355 of the Revised | 478 |
Code and that vote results in
a majority
"no" vote, no sales of | 479 |
beer, wine and mixed
beverages, or intoxicatingspirituous liquor, | 480 |
whichever
was the
subject of the election,
shall be allowed at the | 481 |
particular location for the use
and during the hours
specified in | 482 |
the petition on
Sunday during the period the
election is in effect | 483 |
as defined in
section 4301.37 of the
Revised
Code. | 484 |
(F) In case of elections in
the same precinct for the | 485 |
question or
questions set forth in section 4301.355 of the
Revised | 486 |
Code and for a question or
questions set forth in section 4301.35, | 487 |
4301.351, 4301.353, 4301.354,
4303.29, or
4305.14 of the Revised | 488 |
Code, the results of the
election held on the question or | 489 |
questions set forth in section
4301.355 of the Revised
Code shall | 490 |
apply to the
particular location notwithstanding the results of | 491 |
the election
held on the question or questions set forth in | 492 |
section 4301.35,
4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 | 493 |
of the
Revised
Code. | 494 |
(G) Sections 4301.32 to 4301.41 of the Revised Code do not | 495 |
prohibit the transfer of ownership of a permit that was issued to | 496 |
a particular location as the result of an election held on sales | 497 |
of beer, wine and mixed beverages, spirituous liquor, or | 498 |
intoxicating liquor at that
particular location as long as the | 499 |
general nature of the business
at that particular location | 500 |
described in the petition for that
election remains the same after | 501 |
the transfer. | 502 |