Section 1. That sections 124.57, 3501.05, 3501.10, 3501.28, | 36 |
3506.01, 3506.05, 3506.06, 3506.10, 3509.07, 3513.052, 3517.109, | 37 |
3517.1010, 3519.16, 4117.03, 4301.323, 4301.355, and 4301.365 be | 38 |
amended and sections 3506.17, 3506.18, and 3506.19 of the Revised | 39 |
Code be enacted to read as follows: | 40 |
Sec. 124.57. (A) No officer or employee in the classified | 41 |
service of the state, the several counties, cities, and city | 42 |
school districts thereofof the state, andor the civil service | 43 |
townships,of the state shall
directly or indirectly, orally or by | 44 |
letter, solicit or receive,
or be in any manner concerned in | 45 |
soliciting or receiving, any
assessment, subscription, or | 46 |
contribution for any political party
or for any candidate for | 47 |
public office; nor shall any person
solicit directly or | 48 |
indirectly, orally or by letter, or be in any
manner concerned in | 49 |
soliciting, any such assessment, contribution,
or payment from any | 50 |
officer or employee in the classified service
of the state and, | 51 |
the several counties, cities, or city school
districts thereofof | 52 |
the state, or the civil service townships of the state; nor shall | 53 |
any
officer or employee in the classified service of the state, | 54 |
the
several counties, cities, and city school districts thereofof | 55 |
the state, andor the
civil service townships,of the state be an | 56 |
officer in any political
organization or take part in politics | 57 |
other than to vote as the
officer or employee pleases and to | 58 |
express freely political
opinions. | 59 |
(2) On and after
August
24, 1995, report a failure to
comply | 112 |
with or a violation of a
provision in sections 3517.08 to 3517.13, | 113 |
3517.17, 3517.18,
3517.20 to 3517.22, 3599.03, or 3599.031 of the | 114 |
Revised
Code,
whenever the secretary of state has or should have | 115 |
knowledge of a
failure to comply with or a violation of a | 116 |
provision in one of
those sections,
by filing a complaint with the | 117 |
Ohio elections
commission under section
3517.153 of the Revised | 118 |
Code; | 119 |
(R) Prescribe a general program for registering voters or | 136 |
updating voter
registration information, such as name and | 137 |
residence changes, at designated
agencies, the offices of deputy | 138 |
registrars of motor
vehicles, public high schools and vocational | 139 |
schools, public
libraries, and the offices of county treasurers, | 140 |
and prescribe
a program of distribution of voter registration | 141 |
forms through
those agencies, the offices of the
registrar
and | 142 |
deputy registrars of motor
vehicles, public high schools and | 143 |
vocational schools, public
libraries, and the offices of county | 144 |
treasurers; | 145 |
Whenever a primary election is held under section 3513.32 of | 170 |
the Revised Code
or a special
election is held under section | 171 |
3521.03 of the Revised Code to fill a vacancy
in the office of | 172 |
representative to congress, the secretary of state shall establish | 173 |
a deadline,
notwithstanding any other deadline required under the | 174 |
Revised
Code, by which any or all of the following shall occur: | 175 |
the filing
of a declaration of candidacy and petitions or a | 176 |
statement of candidacy and
nominating petition together with the | 177 |
applicable filing fee; the filing of
protests against the | 178 |
candidacy of any person filing a declaration of candidacy
or | 179 |
nominating petition; the filing of a declaration of intent to be a | 180 |
write-in
candidate; the filing of campaign finance reports; the | 181 |
preparation of, and the
making of corrections or challenges to, | 182 |
precinct voter registration lists; the
receipt of applications for | 183 |
absent voter's ballots or armed service absent
voter's ballots; | 184 |
the supplying of election materials to precincts by boards of | 185 |
elections; the holding of hearings by boards of elections to | 186 |
consider
challenges to the right of a person to appear on a voter | 187 |
registration list;
and the scheduling of programs to instruct or | 188 |
reinstruct election officers. | 189 |
In the performance of the
secretary of state's
duties as the | 190 |
chief election officer, the secretary of state may
administer | 191 |
oaths, issue
subpoenas, summon witnesses, compel the
production of | 192 |
books,
papers, records, and other evidence, and fix
the time and | 193 |
place
for hearing any matters relating to the
administration and | 194 |
enforcement of the election laws. | 195 |
The secretary of state may apply to any court that is
hearing | 208 |
a case in which the secretary of state is a party, for a
change of | 209 |
venue as a
substantive right, and
the change of venue shall
be | 210 |
allowed, and
the case removed to the
court of common pleas
of an | 211 |
adjoining county
named in the application or,
if there
are cases | 212 |
pending in
more than one jurisdiction that
involve the
same or | 213 |
similar
issues,
the court of common pleas of
Franklin county. | 214 |
Sec. 3501.10. (A) The board of elections shall, as an | 219 |
expense of the board, provide suitable rooms for its offices and | 220 |
records and the necessary and proper furniture and supplies for | 221 |
suchthose rooms. The board may lease such offices and rooms, | 222 |
necessary to its operation, for suchthe length of time and upon | 223 |
suchthe
terms as the board deems in the best interests of the | 224 |
public,
provided that the term of any such lease shall not exceed | 225 |
fifteen
years. | 226 |
Thirty days prior to entering into such a lease, the board | 227 |
shall notify the
board of county commissioners in writing of its | 228 |
intent to enter into the
lease. The notice shall specify the terms | 229 |
and conditions of the lease. Prior
to the thirtieth day after | 230 |
receiving that notice and before any lease is
entered into, the | 231 |
board of county commissioners may reject the proposed lease
by a | 232 |
majority vote. After receiving written notification of the | 233 |
rejection by
the board of county commissioners, the board of | 234 |
elections shall not enter into
the lease that was rejected, but | 235 |
may immediately enter into additional lease
negotiations, subject | 236 |
to the requirements of this section. | 237 |
The board of
elections in any county may, by resolution, | 238 |
request that the board of county
commissioners submit to the | 239 |
electors of the county, in accordance with section
133.18 of the | 240 |
Revised Code, the question of issuing bonds for the acquisition
of | 241 |
real estate and the construction on it of a suitable building with | 242 |
necessary furniture and equipment for the proper administration of | 243 |
the duties
of the board of elections. The resolution declaring the | 244 |
necessity for issuing
such bonds shall relate only to the | 245 |
acquisition of real estate and to the
construction, furnishing, | 246 |
and equipping of a building as provided in this
division. | 247 |
(B) The board of elections in each county shall keep its | 248 |
offices, or one or more of its branch registration offices, open | 249 |
for the performance of its duties an additional seven hours
each | 250 |
week for
three weeks before the closeuntil nine p.m. on the last | 251 |
day of registration before a general or
primary election. At
all | 252 |
other times during each week, the board shall keep its
offices and | 253 |
rooms open for a period of time that suchthe board
considers | 254 |
necessary for the performance of its duties. | 255 |
(D) Beginning with
calendar year 1998, theThe secretary of | 282 |
state shall establish, by rule
adopted under section 111.15 of the | 283 |
Revised Code, the maximum
amount of per diem compensation that may | 284 |
be paid to judges of an
election under this section each time the | 285 |
Fair Labor
Standards
Act is amended to increase the minimum hourly | 286 |
rate established
by the act. Upon learning of such an increase, | 287 |
the secretary of
state shall determine by what percentage the | 288 |
minimum hourly rate
has been increased under the act and establish | 289 |
a new
maximum amount of per diem compensation that judges of an | 290 |
election
may be paid under this section that is increased by the | 291 |
same
percentage that the minimum hourly rate has been increased | 292 |
under
the act. | 293 |
(b) Except as otherwise provided in division
(E)(2) of this | 300 |
section, noa board of elections
shallmay increase the
pay of a | 301 |
judge of
an election during a calendar year
by more thanup to, | 302 |
but not exceeding, nine per cent over the compensation paid to
a | 303 |
judge of an election in the county where the board is located | 304 |
during the
previous calendar year, if the compensation so paid | 305 |
during the previous calendar year was eighty-five dollars or less | 306 |
per diem. | 307 |
(c) Except as otherwise provided in division (E)(2) of this | 308 |
section, a board of elections may increase the pay of a judge of | 309 |
an election during a calendar year by up to, but not exceeding, | 310 |
four and one-half per cent over the compensation paid to a judge | 311 |
of an election in the county where the board is located during the | 312 |
previous calendar year, if the compensation so paid during the | 313 |
previous calendar year was more than eighty-five but less than | 314 |
ninety-five dollars per diem. | 315 |
(a) For employees of a county office, department, commission, | 332 |
board, or other entity, or of a court of common pleas, county | 333 |
court, or county-operated municipal court, as defined in section | 334 |
1901.03 of the Revised Code, the employee's appointing authority | 335 |
may permit leave with pay for this service in accordance with a | 336 |
resolution setting forth the terms and conditions for that leave | 337 |
passed by the board of county commissioners. | 338 |
(2) Any terms and conditions set forth by a board of county | 348 |
commissioners, legislative authority of a political subdivision, | 349 |
or head of a state agency under division (G)(1) of this section | 350 |
shall include a standard procedure for deciding which employees | 351 |
are permitted to receive leave with pay if multiple employees of | 352 |
an entity or court described in division (G)(1)(a) of this | 353 |
section, of an entity of a political subdivision described in | 354 |
division (G)(1)(b) of this section, or of a state agency as | 355 |
defined in section 1.60 of the Revised Code apply to serve as a | 356 |
judge of elections on the day of an election. This procedure shall | 357 |
be applied uniformly to all similarly situated employees. | 358 |
(6) If a board of county commissioners, legislative authority | 371 |
of a political subdivision, or head of a state agency fails to set | 372 |
forth any terms and conditions under division (G)(1) of this | 373 |
section, an employee of an entity or court described in division | 374 |
(G)(1)(a) of this section, of an entity of a political subdivision | 375 |
described in division (G)(1)(b) of this section, or of a state | 376 |
agency as defined in section 1.60 of the Revised Code may use | 377 |
personal leave, vacation leave, or compensatory time, or take | 378 |
unpaid leave, to serve as a judge of elections on the day of an | 379 |
election. | 380 |
(F) "Direct recording electronic voting machine" means a | 406 |
voting machine that records votes by means of a ballot display | 407 |
provided with mechanical or electro-optical components that can be | 408 |
actuated by the voter, that processes the data by means of a | 409 |
computer program, and that records voting data and ballot images | 410 |
in internal or external memory components. A "direct recording | 411 |
electronic voting machine" produces a tabulation of the voting | 412 |
data stored in a removable memory component and in printed copy. | 413 |
(H) "Voter verified paper audit trail" means a physical paper | 416 |
printout on which the voter's ballot choices, as registered by a | 417 |
direct recording electronic voting machine, are recorded. The | 418 |
voter shall be permitted to visually or audibly inspect the | 419 |
contents of the physical paper printout. The physical paper | 420 |
printout shall be securely retained at the polling place until the | 421 |
close of the polls on the day of the election; the secretary of | 422 |
state shall adopt rules under Chapter 119. of the Revised Code | 423 |
specifying the manner of storing the physical paper printout at | 424 |
the polling place. After the physical paper printout is produced, | 425 |
but before the voter's ballot is recorded, the voter shall have an | 426 |
opportunity to accept or reject the contents of the printout as | 427 |
matching the voter's ballot choices. If a voter rejects the | 428 |
contents of the physical paper printout, the system that produces | 429 |
the voter verified paper audit trail shall invalidate the printout | 430 |
and permit the voter to recast the voter's ballot. On and after | 431 |
the first federal election that occurs after January 1, 2006, | 432 |
unless required sooner by the Help America Vote Act of 2002, any | 433 |
system that produces a voter verified paper audit trail shall be | 434 |
accessible to disabled voters, including visually impaired voters, | 435 |
in the same manner as the direct recording electronic voting | 436 |
machine that produces it. | 437 |
(B) No voting machine, marking device, automatic
tabulating | 446 |
equipment, or software for the purpose of casting or
tabulating | 447 |
votes or for communications among systems involved in
the | 448 |
tabulation, storage, or casting of votes shall be purchased, | 449 |
leased, put in use, or continued to be used, except for | 450 |
experimental use as provided in division (B) of section 3506.04
of | 451 |
the Revised Code, unless it, and a manual of procedures
governing | 452 |
its use, and training materials, service, and other
support | 453 |
arrangements, have been certified by the secretary of
state and | 454 |
unless the board of elections of each county where the
equipment | 455 |
will be used has assured that a demonstration of the
use of such | 456 |
the equipment has been made available to all interested
electors. | 457 |
The secretary of state shall appoint a board of voting
machine | 458 |
examiners to examine and approve equipment and examine
and approve | 459 |
its related manuals and support arrangements. The
board shall | 460 |
consist of one competent and experienced election
officer and two | 461 |
persons who are knowledgeable about the operation
of such | 462 |
equipment, who shall serve during the secretary of
state's term. | 463 |
(1) For histhe member's service, each member of suchthe | 464 |
board
shall
receive three hundred dollars per day for each | 465 |
combination of
marking device, tabulating equipment, and voting | 466 |
machine examined
and reported, but in no event shall a member | 467 |
receive more than
six hundred dollars to examine and report on any | 468 |
one marking
device, item of tabulating equipment, or voting | 469 |
machine. Each
member of the board shall be reimbursed for expenses | 470 |
hethe
member incurs
during an examination or during the | 471 |
performance of any related
duties that may be required by the | 472 |
secretary of state.
Reimbursement of these expenses shall be made | 473 |
in accordance with,
and shall not exceed, the rates provided for | 474 |
under section 126.31
of the Revised Code. | 475 |
(C)(1) A vendor who desires to have the secretary of state | 480 |
certify equipment shall first submit the equipment, and all | 481 |
current related procedural manuals, and a current description of | 482 |
all related support arrangements, to the board of voting machine | 483 |
examiners for examination, testing, and approval. The submission | 484 |
shall be
accompanied by a fee of eighteen hundred
dollars and a | 485 |
detailed explanation of the construction and method
of operation | 486 |
of the equipment, a full statement of its
advantages, and a list | 487 |
of the patents and copyrights used in
operations essential to the | 488 |
processes of vote recording and
tabulating, vote storage, system | 489 |
security, and other crucial
operations of the equipment as may be | 490 |
determined by the board. An additional
fee, in an amount to be set | 491 |
by rules promulgated by
the board, may be imposed to pay for the | 492 |
costs of alternative
testing or testing by persons other than | 493 |
board members, record-keeping, and other extraordinary costs | 494 |
incurred in the
examination process. Moneys not used shall be | 495 |
returned to the
person or entity submitting the equipment for | 496 |
examination. | 497 |
(2) Fees collected by the secretary of state under this | 498 |
section shall be deposited into the state treasury to the credit | 499 |
of the board of voting machine examiners fund, which is hereby | 500 |
created. All moneys credited to this fund shall be used solely
for | 501 |
the purpose of paying for the services and expenses of each
member | 502 |
of the board of voting machine examiners or for such other | 503 |
expenses as may be incurred relating to the examination, testing, | 504 |
reporting, or certification of voting machine devices, the | 505 |
performance of any related duties as required by the secretary of | 506 |
state, or the reimbursement of any person submitting an | 507 |
examination fee as provided in this chapter. | 508 |
(D) Within sixty days after the submission of the
equipment | 509 |
and payment of the fee, or as soon thereafter as is
reasonably | 510 |
practicable, but in any event within not more than
ninety days | 511 |
after the submission and payment, the board of voting machine | 512 |
examiners shall
examine the equipment and file with the secretary | 513 |
of state a
written report thereonon the equipment with its | 514 |
recommendations and its
determination or condition of approval | 515 |
regarding whether the
equipment, manual, and other related | 516 |
materials or arrangements
meet the criteria set forth in sections | 517 |
3506.07 and 3506.10 of
the Revised Code and can be safely used by | 518 |
the voters at
elections under the conditions prescribed in Title | 519 |
XXXV of the
Revised Code, or a written statement of reasons for | 520 |
which testing
requires a longer period. The board may grant | 521 |
temporary approval
for the purpose of allowing experimental use of | 522 |
equipment. If
the board finds that the equipment meets the | 523 |
criteria set forth
in sections 3506.06, 3506.07, and 3506.10 of | 524 |
the Revised Code, can be used
safely and can be depended upon to | 525 |
record and count accurately
and continuously the votes of | 526 |
electors, and has the capacity to
be warranted, maintained, and | 527 |
serviced, it shall approve the
equipment and recommend that the | 528 |
secretary of state certify the
equipment. The secretary of state | 529 |
shall notify all boards of
elections of any such certification. | 530 |
Such equipmentEquipment of the same
model and make, if it | 531 |
provides for recording of voter intent,
system security, voter | 532 |
privacy, retention of vote, and
communication of voting records in | 533 |
an identical manner, may then
be adopted for use at elections. | 534 |
(E) The vendor shall notify the secretary of state, who
shall | 535 |
then notify the board of voting machine examiners, of any | 536 |
enhancement and any
significant adjustment to the hardware or | 537 |
software that could
result in a patent or copyright change or that | 538 |
significantly
alters the methods of recording voter intent, system | 539 |
security,
voter privacy, retention of the vote, communication of | 540 |
voting
records, and connections between the system and other | 541 |
systems.
The vendor shall provide the secretary of state with an | 542 |
updated
operations manual for the equipment, and the secretary of | 543 |
state
shall forward the manual to the board. Upon receiving such a | 544 |
notification and manual, the board may require the vendor to | 545 |
submit the equipment to an examination and test in order for the | 546 |
equipment to remain certified. The board or the secretary of
state | 547 |
shall periodically examine, test, and inspect certified
equipment | 548 |
to determine continued compliance with the requirements
of this | 549 |
chapter and the initial certification. Any examination,
test, or | 550 |
inspection conducted for the purpose of continuing
certification | 551 |
of any equipment in which a significant problem has
been uncovered | 552 |
or in which a record of continuing problems exists
shall be | 553 |
performed pursuant to divisions (C) and (D) of this
section, in | 554 |
the same manner as the examination, test, or
inspection is | 555 |
performed for initial approval and certification. | 556 |
(F) If, at any time after the certification of equipment,
the | 557 |
board of voting machine examiners or the secretary of state is | 558 |
notified by thea board of
elections of any significant problem | 559 |
with the equipment or
determines that the equipment fails to meet | 560 |
the requirements
necessary for approval or continued compliance | 561 |
with the
requirements of this chapter, or if the board of voting | 562 |
machine
examiners determines that there are significant | 563 |
enhancements or
adjustments to the hardware or software, or if | 564 |
notice of such
enhancements or adjustments has not been given as | 565 |
required by
division (E) of this section, the secretary of state | 566 |
shall notify
the users and vendors of that equipment that | 567 |
certification of the
equipment may be withdrawn. | 568 |
(3) Not later than fifteen days after receiving a written | 583 |
description or explanation under division (G)(2) of this section | 584 |
from a vendor, the board shall determine whether the corrective | 585 |
measures taken or the explanation is satisfactory to allow | 586 |
continued certification of the equipment, and the secretary of | 587 |
state shall send the vendor a written notice of the board's | 588 |
determination, specifying the reasons for it. If the board has | 589 |
determined that the measures taken or the explanation given is | 590 |
unsatisfactory, the notice shall include the effective date of | 591 |
withdrawal of the certification. This date may be different from | 592 |
the date originally specified in division (G)(1)(b) of this | 593 |
section. | 594 |
(4) A vendor who receives a notice under division (G)(3)
of | 595 |
this section indicating a decision to withdraw certification
may, | 596 |
within thirty days after receiving it, request in writing
that the | 597 |
board hold a hearing to reconsider its decision. Any
interested | 598 |
party shall be given the opportunity to submit
testimony or | 599 |
documentation in support of or in opposition to the
board's | 600 |
recommendation to withdraw certification. Failure of the
vendor to | 601 |
take appropriate steps as described in division
(G)(1)(b) or to | 602 |
comply with division (G)(2) of this section
results in a waiver of | 603 |
histhe vendor's rights under division
(G)(4) of this
section. | 604 |
(H)(1) The secretary of state, in consultation with the
board | 605 |
of voting machine examiners, shall establish, by rule, guidelines | 606 |
for the approval,
certification, and continued certification of | 607 |
the voting
machines, marking devices, and tabulating equipment to | 608 |
be used
under Title XXXV of the Revised Code. The guidelines shall | 609 |
establish procedures requiring vendors or computer software | 610 |
developers to place in escrow with an independent escrow agent | 611 |
approved by the secretary of state a copy of all source code and | 612 |
related documentation, together with periodic updates as they | 613 |
become known or available. The secretary of state shall require | 614 |
that the documentation include a system configuration and that
the | 615 |
source code include all relevant program statements in low-
or | 616 |
high-level languages. As used in this division, "source code" does | 617 |
not include variable codes created for specific elections. | 618 |
(2) Nothing in any rule adopted under division (H) of this | 619 |
section shall be construed to limit the ability of the secretary | 620 |
of state to follow or adopt, or to preclude himthe secretary of | 621 |
state from following or
adopting, any guidelines proposed by the | 622 |
federal electionselection
commission or, any entity authorized by | 623 |
the federal electionselection
commission to propose guidelines, | 624 |
the election assistance commission, or any entity authorized by | 625 |
the election assistance commission to propose guidelines. | 626 |
(3) As used in division (H) of this section, "source code" | 627 |
does not include variable codes created for specific elections. | 628 |
(a) Before the initial certification of any direct recording | 629 |
electronic voting machine with a voter verified paper audit trail, | 630 |
and as a condition for the continued certification and use of | 631 |
those machines, the secretary of state shall establish, by rule, | 632 |
standards for the certification of those machines. Those standards | 633 |
shall include, but are not limited to, all of the following: | 634 |
Sec. 3506.10. No voting machine shall be approved by the | 691 |
board of voting machine examiners or certified by the secretary of | 692 |
state, or
be purchased, rented, or otherwise acquired, or used, | 693 |
except when specifically
allowed for experimental use, as provided | 694 |
in section 3506.04 of the Revised
Code, unless it fulfills the | 695 |
following requirements: | 696 |
(D) It shall permit each voter to deposit, write in, or | 715 |
affix, upon devices provided for that purpose, ballots containing | 716 |
the names of persons for whom hethe voter desires to vote,
whose | 717 |
names do
not appear upon the voting machine. SuchThose devices | 718 |
shall be
susceptible of identification as to party affiliations | 719 |
when used
at a primary election. | 720 |
(I) It shall have a counter, or other device, the register
of | 740 |
which is visible from the outside of the machine, and which
will | 741 |
show at any time during the voting the total number of
electors | 742 |
who have voted; and also a protective counter, or other
device, | 743 |
the register of which cannot be reset, which will record
the | 744 |
cumulative total number of movements of the internal
counters. | 745 |
Before any voting machine is purchased, rented, or
otherwise | 775 |
acquired, or used, the person or corporation owning or | 776 |
manufacturing suchthat machine or having the legal right to | 777 |
control the use of thethat
machine shall give an adequate | 778 |
guarantee in
writing and post a bond in an amount sufficient to | 779 |
cover the cost of any
recount or new election resulting from or | 780 |
directly related to the use or
malfunction of the equipment, | 781 |
accompanied by satisfactory surety, all as
determined by the | 782 |
secretary of state, with
the board of county commissioners, | 783 |
guaranteeing and securing that suchthose
machines have been and | 784 |
continue to be certified by the secretary of state in
accordance | 785 |
with section 3506.05 of the Revised Code, comply fully with the | 786 |
requirements of this section, and
will correctly, accurately, and | 787 |
continuously register and record
every vote cast, and further | 788 |
guaranteeing suchthose machines against
defects in workmanship | 789 |
workership and materials for a period of
five years
from the date | 790 |
of their acquisition thereof. | 791 |
Sec. 3506.17. There is hereby created in the state treasury | 792 |
the county electronic voting machine maintenance fund. All moneys | 793 |
received pursuant to the Help America Vote Act of 2002 that are | 794 |
not approved for release by the controlling board as of the first | 795 |
federal election that occurs after January 1, 2006, shall be | 796 |
deposited in the state treasury to the credit of the fund. The | 797 |
secretary of state shall adopt rules for the fair and equitable | 798 |
distribution of moneys credited to the fund. Moneys credited to | 799 |
the fund shall be expended for the purposes for which those moneys | 800 |
were received under the Help America Vote Act of 2002 and may only | 801 |
be expended pursuant to a plan approved by the controlling board. | 802 |
Sec. 3506.19. On and after the first federal election that | 811 |
occurs after January 1, 2006, unless required sooner by the Help | 812 |
America Vote Act of 2002, each polling location shall have | 813 |
available for use at all elections at least one direct recording | 814 |
electronic voting machine that is accessible for individuals with | 815 |
disabilities, including nonvisual accessibility for the blind and | 816 |
visually impaired, in a manner that provides the same opportunity | 817 |
for access and participation, including privacy and independence, | 818 |
as for other voters. | 819 |
Sec. 3509.07. If
election officials find
that
the statement | 820 |
accompanying an absent
voter's ballot or absent
voter's | 821 |
presidential ballot is insufficient, that the
signatures
do not | 822 |
correspond with
the person's registration
signature,
that the | 823 |
applicant is not a qualified elector in the precinct,
that the | 824 |
ballot envelope
contains more than one ballot of any one
kind, or | 825 |
any voted ballot
that the
elector is not
entitled to vote,, or | 826 |
that Stub A is detached from the absent
voter's ballot or absent | 827 |
voter's presidential ballot, the vote
shall not be accepted or | 828 |
counted.
Whenever it appears to the
election
officials by | 829 |
sufficient proof that any
elector
who has
marked and forwarded
the | 830 |
elector's ballot as
provided
in
section 3509.05
of the Revised | 831 |
Code has died,
the ballot
of
the deceased voter shall not
be | 832 |
counted. The vote of any
absent voter may be challenged for cause | 833 |
in the
same manner as
other votes are challenged, and the
election | 834 |
officials shall
determine the
legality of
that ballot.
Every | 835 |
ballot not
counted shall
be indorsed on
its back
"Not
Counted" | 836 |
with
the reasons
the ballot was not counted, and shall
be
enclosed | 837 |
and
returned to or retained by the board of elections
along with | 838 |
the
contested
ballots. | 839 |
Sec. 3513.052. (A) No person shall seek nomination or | 840 |
election to any of the following offices or positions at the same | 841 |
election by filing a declaration of candidacy and petition, a | 842 |
declaration of intent to be a write-in candidate, or a nominating | 843 |
petition, or by becoming a candidate through party nomination in a | 844 |
primary election, or by the filling of a vacancy under section | 845 |
3513.30 or 3513.31 of the Revised Code: | 846 |
(B) The secretary of state or a board of elections shall
not | 854 |
accept for filing a declaration of candidacy and petition, a | 855 |
declaration of intent to be a write-in candidate, or a nominating | 856 |
petition of a person seeking to become a candidate if that person, | 857 |
for the same election,
has already filed a
declaration of | 858 |
candidacy, a declaration of intent to be a
write-in candidate, or | 859 |
a nominating petition, or has become a candidate through party | 860 |
nomination at a
primary election or by the filling of a vacancy | 861 |
under section
3513.30 or 3513.31 of the Revised Code for: | 862 |
(2) Any municipal or township office, or for member of a | 866 |
city,
local, or exempted village board of education, or for member | 867 |
of a
governing board of an educational service center, if the | 868 |
declaration of candidacy, declaration of intent to be a write-in | 869 |
candidate, or nominating petition is for a municipal or township | 870 |
office, or for member of a city, local, or exempted village board | 871 |
of education, or for member of a governing board of an
educational | 872 |
service center. | 873 |
(a) If each office or the district for each office for which | 879 |
the person is seeking nomination is wholly within a single
county, | 880 |
the secretary of state shall notify the board of elections
of that | 881 |
county. The board then shall determine the
date on which the | 882 |
person first sought to become a candidate for
each of those | 883 |
offices by filing a declaration of candidacy or a
declaration of | 884 |
intent to be a write-in candidate or by the filling
of a vacancy | 885 |
under section 3513.30 of the Revised Code. The board
shall vote | 886 |
promptly to disqualify that person as a candidate for each office | 887 |
for
which the person sought to become a candidate after the date | 888 |
on
which the person first sought to become a candidate for any of | 889 |
those offices. If the board determines that the person sought to | 890 |
become a candidate for more than one of those offices on the same | 891 |
date, the board shall vote promptly to disqualify that person as a | 892 |
candidate for
each office that would be listed on the ballot below | 893 |
the highest office for which that person seeks nomination, | 894 |
according to the ballot order prescribed under section 3505.03 of | 895 |
the Revised Code. | 896 |
(b) If one or more of the offices for which the person is | 897 |
seeking nomination is a state office or an office with a district | 898 |
larger than a single county, the secretary of state shall | 899 |
determine the date on which the person first sought to become a | 900 |
candidate for each of those offices by filing a declaration of | 901 |
candidacy or a declaration of intent to be a write-in candidate or | 902 |
by the filling of a vacancy under section 3513.30 of the Revised | 903 |
Code. The secretary of state shall order the board of elections
of | 904 |
each county in which the person is seeking to appear on
the
ballot | 905 |
to disqualify that person as a candidate for each
office
for which | 906 |
the person sought to become a candidate after the
date
on which | 907 |
the person first sought to become a candidate for
any of
those | 908 |
offices. If the secretary of state determines that
the
person | 909 |
sought to become a candidate for more than one of those
offices on | 910 |
the same date, the secretary of state shall order the
board of | 911 |
elections of each county in which the person is seeking
to appear | 912 |
on the ballot to disqualify that person as a
candidate
for each | 913 |
office that would be listed on the ballot below the
highest office | 914 |
for which that person seeks nomination, according
to the ballot | 915 |
order prescribed under section 3505.03 of the
Revised Code. Each | 916 |
board of elections so notified shall vote
promptly to disqualify | 917 |
the person as a candidate in accordance
with the order of the | 918 |
secretary of state. | 919 |
(a) If each office or the district for each office for which | 924 |
the person is seeking nomination is wholly within that
county,
the | 925 |
board shall determine the date on which
the person first
sought to | 926 |
become a candidate for each of those
offices by filing a | 927 |
declaration of candidacy or a declaration of
intent to be a | 928 |
write-in candidate or by the filling of a vacancy
under section | 929 |
3513.30 of the Revised Code. The board shall
vote promptly to | 930 |
disqualify that person as a candidate for each office for which | 931 |
the person sought to become a candidate after the date on which | 932 |
the person first sought to become a candidate for any of those | 933 |
offices. If the board determines that the person sought to become | 934 |
a candidate for more than one of those offices on the same date, | 935 |
the board shall vote promptly to disqualify that person as a | 936 |
candidate for each office that would be listed on the ballot below | 937 |
the highest office for which that person seeks nomination, | 938 |
according to the ballot order prescribed under section 3505.03 of | 939 |
the Revised Code. | 940 |
(b) If one or more of the offices for which the person is | 941 |
seeking nomination is a state office or an office with a district | 942 |
larger than a single county, the board shall notify
the secretary | 943 |
of state. The secretary of state then shall
determine the date on | 944 |
which the person first sought to become a
candidate for each of | 945 |
those offices by filing a declaration of
candidacy or a | 946 |
declaration of intent to be a write-in candidate or
by the filling | 947 |
of a vacancy under section 3513.30 of the Revised
Code. The | 948 |
secretary of state shall order the board of elections
of each | 949 |
county in which the person is seeking to appear on
the ballot to | 950 |
disqualify that person as a candidate for each
office for which | 951 |
the person sought to become a candidate after the
date on which | 952 |
the person first sought to become a candidate for
any of those | 953 |
offices. If the secretary of state determines that
the person | 954 |
sought to become a candidate for more than one of those
offices on | 955 |
the same date, the secretary of state shall order the
board of | 956 |
elections of each county in which the person is seeking to appear | 957 |
on the ballot to disqualify that person as a
candidate for each | 958 |
office that would be listed on the ballot below the highest office | 959 |
for which that person seeks nomination, according to the ballot | 960 |
order prescribed under section 3505.03 of the Revised Code. Each | 961 |
board of elections so notified shall vote promptly to disqualify | 962 |
the person as a candidate in accordance with the order of the | 963 |
secretary of state. | 964 |
(a) If each office or the district for each office for which | 970 |
the person is seeking election is wholly within a single
county, | 971 |
the secretary of state shall notify the board of elections
of that | 972 |
county. The board then shall determine the
offices for which the | 973 |
person seeks to appear as a candidate on the ballot.
The
board | 974 |
shall vote promptly to disqualify that person as a candidate for | 975 |
each
office
that would be listed on the ballot below the highest | 976 |
office
for
which that person seeks election, according to the | 977 |
ballot
order
prescribed under section 3505.03 of the Revised Code. | 978 |
If the person sought nomination at a primary election and has not | 979 |
yet been issued a certificate of nomination, the board shall not | 980 |
issue that certificate for that person for any office that would | 981 |
be listed on the ballot below the highest office for which that | 982 |
person seeks election, according to the ballot order prescribed | 983 |
under section 3505.03 of the Revised Code. | 984 |
(b) If one or more of the offices for which the person is | 985 |
seeking election is a state office or an office with a district | 986 |
larger than a single county, the secretary of state shall promptly | 987 |
investigate and determine the offices for which the person seeks | 988 |
to appear as a candidate on the ballot. The secretary of state | 989 |
shall order
the board of elections of each county in which the | 990 |
person is seeking to appear on the ballot to disqualify that | 991 |
person as a
candidate for each office that would be listed on the | 992 |
ballot below
the highest office for which that person seeks | 993 |
election, according
to the ballot order prescribed under section | 994 |
3505.03 of the
Revised Code. Each board of elections so notified | 995 |
shall vote
promptly to disqualify the person as a candidate in | 996 |
accordance
with the order of the secretary of state. If the person | 997 |
sought nomination at a primary election and has not yet been | 998 |
issued a certificate of nomination, the board shall not issue that | 999 |
certificate for that person for any office that would be listed on | 1000 |
the ballot below the highest office for which that person seeks | 1001 |
election, according to the ballot order prescribed under section | 1002 |
3505.03 of the Revised Code. | 1003 |
(a) If each office or the district for each office for which | 1009 |
the person is seeking election is wholly within that
county, the | 1010 |
board shall determine the offices for
which the person seeks to | 1011 |
appear as a candidate on the ballot. The board
shall vote
promptly | 1012 |
to disqualify that person as a candidate for each office
that | 1013 |
would be listed on the ballot below the highest office for
which | 1014 |
that person seeks election, according to the ballot order | 1015 |
prescribed under section 3505.03 of the Revised Code. If the | 1016 |
person sought nomination at a primary election and has not yet | 1017 |
been issued a certificate of nomination, the board shall not issue | 1018 |
that certificate for that person for any office that would be | 1019 |
listed on the ballot below the highest office for which that | 1020 |
person seeks election, according to the ballot order prescribed | 1021 |
under section 3505.03 of the Revised Code. | 1022 |
(b) If one or more of the offices for which the person is | 1023 |
seeking election is a state office or an office with a district | 1024 |
larger than a single county, the board shall notify
the secretary | 1025 |
of state. The secretary of state promptly shall
investigate and | 1026 |
determine the offices for which the person seeks to appear as a | 1027 |
candidate on the ballot. The secretary of state shall order
the | 1028 |
board of elections of each county in which the person is seeking | 1029 |
to appear on the ballot to disqualify that person as a
candidate | 1030 |
for each office that would be listed on the ballot below
the | 1031 |
highest office for which that person seeks election,
according to | 1032 |
the ballot order prescribed under section 3505.03 of
the Revised | 1033 |
Code. Each board of elections so notified shall vote
promptly to | 1034 |
disqualify the person as a candidate in accordance
with the order | 1035 |
of the secretary of state. If the person sought nomination at a | 1036 |
primary election and has not yet been issued a certificate of | 1037 |
nomination, the board shall not issue that certificate for that | 1038 |
person for any office that would be listed on the ballot below the | 1039 |
highest office for which that person seeks election, according to | 1040 |
the ballot order prescribed under section 3505.03 of the Revised | 1041 |
Code. | 1042 |
(E) When a person is disqualified as a candidate under | 1043 |
division (C) or (D) of this section, that person's name shall not | 1044 |
appear on the ballots for any office for which that person has | 1045 |
been disqualified as a candidate. If the ballots have already
been | 1046 |
prepared, the board of elections shall
remove the name of the | 1047 |
disqualified candidate from the ballots to
the extent practicable | 1048 |
in the time remaining before the election
and according to the | 1049 |
directions of the secretary of state. If the
name is not removed | 1050 |
from the ballots before the day of the
election, the votes for the | 1051 |
disqualified candidate are void and
shall not be counted. | 1052 |
(G) Nothing in this section or section 3513.04, 3513.041, | 1057 |
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257, | 1058 |
3513.259, or 3513.261 of the Revised Code prohibits, and the | 1059 |
secretary of state or a board of elections shall not disqualify, a | 1060 |
person from being a candidate to fill a vacant office as otherwise | 1061 |
provided by law. | 1062 |
(H) Nothing in this section or section 3513.04, 3513.041, | 1063 |
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257, | 1064 |
3513.259, or 3513.261 of the Revised Code prohibits, and the | 1065 |
secretary of state or a board of
elections shall not disqualify, a | 1066 |
person from being a candidate
for an office, if that person timely | 1067 |
withdraws as a candidate
for any offices specified in division (A) | 1068 |
of this section for which that person
first sought to become a | 1069 |
candidate by filing a declaration of candidacy and petition, a | 1070 |
declaration of intent to be a write-in candidate, or a nominating | 1071 |
petition, by party nomination in a primary election, or by the | 1072 |
filling of a vacancy under section 3513.30 or 3513.31 of the | 1073 |
Revised Code. | 1074 |
(1) "State office" means the offices of governor, lieutenant | 1076 |
governor, secretary of state, auditor of state, treasurer of | 1077 |
state, attorney general, member of the state board of education, | 1078 |
member of the general assembly, chief justice of the supreme | 1079 |
court, and justice of the supreme court. | 1080 |
(1)
"Candidate" has the same meaning as in section 3517.01
of | 1093 |
the Revised
Code but includes only candidates for the offices
of | 1094 |
governor, lieutenant
governor, secretary of state, auditor of | 1095 |
state, treasurer of state, attorney
general, member of the state | 1096 |
board of education, and member of the
general assembly. | 1097 |
(a) In the case of a contribution
from a contributor whose | 1115 |
contributions are subject to the
contribution limits described in | 1116 |
divisionsdivision (B)(1), (2), (3),
(6)(a), or (7) of section | 1117 |
3517.102 of
the
Revised
Code, that portion of the
amount of the | 1118 |
contributor's
aggregate contribution that does not
exceed the | 1119 |
preprimary
contribution limit applicable
to that
contributor. | 1120 |
(12)
"Campaign asset" means prepaid, purchased, or
donated | 1157 |
assets available to the candidate on the date of the
filing | 1158 |
deadline for the office the candidate is seeking that
will be | 1159 |
consumed or depleted in the course of the candidate's
election | 1160 |
campaign, including, but not limited to, postage,
prepaid rent for | 1161 |
campaign headquarters, prepaid radio,
television, and newspaper | 1162 |
advertising, and other prepaid
consulting and personal services. | 1163 |
(B)(1) Beginning in calendar year 1998 for house candidates | 1182 |
and
beginning in
calendar
year 2000 for senate candidates and | 1183 |
statewide candidates and in each
calendar year thereafter, each | 1184 |
Each candidate who files for state office, not later than
the | 1185 |
filing
date for that office, shall dispose of any excess
funds | 1186 |
and. Each covered candidate who files for state office, not later | 1187 |
than the filing date for that office, shall dispose of any excess | 1188 |
aggregate contributions. | 1189 |
(D) No(1) Subject to division (D)(2) of this section, no | 1207 |
candidate or covered candidate shall appear on the ballot, even if | 1208 |
the
candidate has been
certified to appear on the ballot, unless | 1209 |
the
candidate's or covered candidate's campaign committee
has | 1210 |
disposed of excess funds and,
excess aggregate
contributions, or | 1211 |
both as required by divisions (B)
and
(C) of this section. | 1212 |
(E)(1) The campaign committee of each candidate required to | 1218 |
dispose
of excess funds or excess aggregate contributions
under | 1219 |
this section shall file a report, on
a form prescribed by the | 1220 |
secretary of state, with the official or board with
which the | 1221 |
candidate is required to file statements under section 3517.11 of | 1222 |
the Revised Code. The report shall be filed by the seventh day | 1223 |
following
the filing deadline for the
office the candidate
is | 1224 |
seeking, shall indicate the amount of excess funds
and the source | 1225 |
and amount of each excess aggregate contribution disposed
of, and | 1226 |
shall describe the manner in which the campaign committee disposed | 1227 |
of the
excess amountsamount. | 1228 |
(F)(1) Beginning in calendar year
1998, eachEach campaign | 1236 |
committee of a candidate who has filed a
declaration of candidacy | 1237 |
or a nominating petition for a state
office, not later than seven | 1238 |
days after the date of the filing
deadline for the office the | 1239 |
candidate is seeking, shall file a
declaration of filing-day | 1240 |
finances, on a form prescribed by the
secretary of state, with the | 1241 |
official or board with which the
candidate is required to file | 1242 |
statements under section
3517.11 of the Revised
Code. | 1243 |
(3) The candidate files a declaration, on a form prescribed | 1277 |
by the
secretary of state, with the official or board with which | 1278 |
the candidate is
required to file statements under section 3517.11 | 1279 |
of the Revised Code not
later than seven
days after the date of | 1280 |
the filing deadline for the office that candidate is
seeking, | 1281 |
stating that the candidate's campaign committee has not accepted | 1282 |
aggregate contributions as described in division (G)(1) of this | 1283 |
section and has less than the carry-in amount in cash on hand as | 1284 |
described in
division (G)(2) of this section. | 1285 |
(3) "Campaign asset" means prepaid, purchased, or donated | 1293 |
assets, goods,
or services available
to the candidate's campaign | 1294 |
committee on the date specified in the filing
required under | 1295 |
division (F) of this section that will be consumed,
depleted, or | 1296 |
used in the course of the candidate's election campaign, | 1297 |
including, but not limited to, postage, rent for any campaign | 1298 |
office,
radio,
television, and newspaper advertising, and | 1299 |
consulting and
personal services. | 1300 |
(ii) The ratio of the sum of the allowable aggregate | 1308 |
contributions of each contributor to the sum of all contributions | 1309 |
received,
during the period extending from the first day on which, | 1310 |
in accordance with
division (D) of section 3517.103 of the Revised | 1311 |
Code, the contribution limitations
prescribed in section 3517.102 | 1312 |
of the Revised Code no longer apply to the campaign committee | 1313 |
through the end of the primary election period. | 1314 |
(B)(1) Except as otherwise provided in division (G) of
this | 1353 |
section, the campaign committee of any candidate who has filed a | 1354 |
declaration of no limits in accordance with division (D) of | 1355 |
section
3517.103 of the Revised Code, and to which the | 1356 |
contribution limitations prescribed in section
3517.102 of the | 1357 |
Revised Code no longer apply during a primary election period, | 1358 |
shall dispose
of any excess funds not later than fourteen days | 1359 |
after the day on which the
primary election was held. | 1360 |
(4) Except as otherwise provided in division (G) of this | 1389 |
section,
the campaign committee of any candidate that has expended | 1390 |
personal funds in
excess of the amount specified in division | 1391 |
(C)(1) or (2) of section
3517.103 of the Revised Code shall | 1392 |
dispose of any excess funds not later than fourteen days
after the | 1393 |
day on which the primary election is held or the thirty-first day | 1394 |
of December after the day on which the general election was held, | 1395 |
whichever is applicable, or choose to retain personal funds under | 1396 |
division
(B)(2) of this section. The calculation of excess funds | 1397 |
under
this division shall be made in the same
manner that
a | 1398 |
campaign committee is required to dispose of excess funds under | 1399 |
division
(B)(1) or (5) of this section, whichever election period | 1400 |
is
applicable. For the purposes of this division, the
allowable | 1401 |
aggregate contribution of each contributor, including one or more | 1402 |
contributions from the candidate and from the candidate's spouse, | 1403 |
parents,
children, sons-in-law, daughters-in-law, brothers, | 1404 |
sisters, grandparents,
mothers-in-law, fathers-in-law, | 1405 |
brothers-in-law, sisters-in-law, or
grandparents by marriage, is | 1406 |
calculated for that contributor as if the
contribution limitations | 1407 |
prescribed by section 3517.102 of the Revised Code
were in effect. | 1408 |
(5) Except as otherwise provided in division (G) of this | 1409 |
section,
the campaign committee of any candidate to which, in | 1410 |
accordance with division
(D) of section 3517.103 of the Revised | 1411 |
Code, the contribution limitations
prescribed
in section 3517.102 | 1412 |
of the Revised Code no longer apply during a general
election | 1413 |
period
shall
dispose of any excess funds not later than the | 1414 |
thirty-first day of
December after the day on which the general | 1415 |
election was held. | 1416 |
(3) The campaign committee of a candidate for statewidestate | 1456 |
office as defined
in division (A) of section 3517.109 of the | 1457 |
Revised Code has not substantially
complied with the disposal | 1458 |
requirements of division (B) of this
section if, upon initial | 1459 |
review of a declaration filed pursuant to division
(F) of this | 1460 |
section, it is discovered that the candidate's campaign
committee | 1461 |
has failed to dispose of excess funds or excess aggregate | 1462 |
contributions totaling in the aggregate more than ten thousand | 1463 |
dollars. | 1464 |
(4) The campaign committee of a candidate for member of the | 1465 |
general
assembly has not substantially complied with the disposal | 1466 |
requirements of
division (B) of this section if, upon initial | 1467 |
review of a declaration
filed pursuant to division (F) of this | 1468 |
section, it is discovered that
the candidate's campaign committee | 1469 |
has failed to dispose of excess funds or
excess aggregate | 1470 |
contributions totaling in the aggregate more than twenty-five | 1471 |
hundred dollars. | 1472 |
(E) When the campaign committee of a candidate files a | 1478 |
personal
funds
notice in accordance with division (C), or a | 1479 |
declaration of no limits
in accordance with division (D), of | 1480 |
section 3517.103 of the Revised Code, the
campaign committee of | 1481 |
each such candidate shall file in the case of a primary
election | 1482 |
period a declaration of primary-day finances not later than | 1483 |
fourteen
days after the day on which the primary election was | 1484 |
held, or shall file in
the case of a general election period a | 1485 |
declaration of year-end finances not
later than the last business | 1486 |
day of January of the next calendar year
immediately following the | 1487 |
day on which the general election was held. | 1488 |
Sec. 3519.16. If theThe circulator of any part-petition, | 1531 |
the
committee interested thereinin the petition, or any elector | 1532 |
filesmay file with the board
of elections a protest against the | 1533 |
board's findings made pursuant
to section 3519.15 of the Revised | 1534 |
Code, then. Protests shall be in writing and shall specify reasons | 1535 |
for
the protest. Protests for all
initiative and referendum | 1536 |
petitions
other than those to be voted
on by electors throughout | 1537 |
the entire
state shall be filed not
later than four p.m. of the | 1538 |
sixty-fourth
day before the day of the
election. Once a protest is | 1539 |
filed, the board shall
proceed to establish the sufficiency or | 1540 |
insufficiency of the
signatures and of the verification thereofof | 1541 |
those signatures in an action before
the court of common pleas in | 1542 |
the county. SuchThe action mustshall be
brought within three | 1543 |
days after the protest has beenis filed, and
the caseit shall be | 1544 |
heard forthwith by a judge of suchthat court, whose
decision | 1545 |
shall be certified to the board. The signatures whichthat are | 1546 |
adjudged sufficient or the part-petitions whichthat are adjudged | 1547 |
properly verified shall be included with the others by the board, | 1548 |
and those found insufficient and all those part-petitions which | 1549 |
that are adjudged not properly verified shall not be included. The | 1550 |
The
properly verified part-petitions, together with the | 1551 |
report of the
board, shall be returned to the secretary of state | 1552 |
not less than
fifty days before the election, provided that, in | 1553 |
the case of an
initiated law to be presented to the general | 1554 |
assembly, the boards
shall promptly check and return the petitions | 1555 |
together with their
report. The secretary of state shall notify | 1556 |
the chairmanchairperson of the committee in charge of the | 1557 |
circulation as to the
sufficiency or
insufficiency of the petition | 1558 |
and the extent of the
insufficiency. If | 1559 |
If the petition is found insufficient because of
an | 1560 |
insufficient number of valid signatures, suchthe committee shall | 1561 |
be allowed ten additional days after suchthe notification by the | 1562 |
secretary of state for the filing of additional signatures to
such | 1563 |
the petition. The part-petitions of the supplementary petition | 1564 |
whichthat appear to the secretary of state to be properly | 1565 |
verified,
upon their receipt thereof by the secretary of state, | 1566 |
shall forthwith
be forwarded to the boards of the several counties | 1567 |
together with
the part-petitions of the original petition which | 1568 |
that have been
properly verified, and. They shall be immediately | 1569 |
examined and passed
upon as to the validity and sufficiency of the | 1570 |
signatures thereonon them by each of suchthe boards and returned | 1571 |
within five days to the
secretary of state with the boards' report | 1572 |
of each board. No signature on a
supplementary part-petition which | 1573 |
that is the same as a signature on
an original part-petition shall | 1574 |
be counted. The number of
signatures in both the original and | 1575 |
supplementary petitions,
properly verified, shall be used by the | 1576 |
secretary of state in
determining the total number of signatures | 1577 |
to the petition which
hethat the secretary of state shall record | 1578 |
and announce. If they
are sufficient, then suchthe amendment, | 1579 |
proposed law, or law shall be placed on
the ballot as required by | 1580 |
law. If the petition is found insufficient, the
secretary of state | 1581 |
shall notify the committee in charge of the
circulation of the | 1582 |
petition. | 1583 |
(C) NothingExcept as provided in division (D) of this | 1606 |
section, nothing in Chapter 4117. of the Revised Code prohibits | 1607 |
public employers from electing to engage in collective
bargaining, | 1608 |
to meet and confer, to hold discussions, or to engage in any other | 1609 |
form of
collective negotiations with public employees who are not | 1610 |
subject
to Chapter 4117. of the Revised Code pursuant to division | 1611 |
(C) of
section 4117.01 of the Revised Code. | 1612 |
(1)
"Shall the sale of .......... (insert
beer, wine and | 1643 |
mixed
beverages, or intoxicatingspirituous liquor) be
permitted | 1644 |
by .......... (insert
name of applicant, liquor permit
holder, or | 1645 |
liquor agency store,
including trade or fictitious
name under | 1646 |
which applicant for, or
holder of, liquor permit or
liquor agency | 1647 |
store either intends to
do, or does, business
at
the particular | 1648 |
location), an ..........
(insert
"applicant for" or
"holder
of" or | 1649 |
"operator of") a .......... (insert class name of liquor
permit or | 1650 |
permits followed by
the words
"liquor permit(s)" or,
if | 1651 |
appropriate, the words
"liquor
agency store for the State of | 1652 |
Ohio"), who is engaged in the
business of .......... (insert | 1653 |
general
nature of the business in
which
applicant or liquor permit | 1654 |
holder
is engaged or will be
engaged
in at the
particular | 1655 |
location,
as
described in the
petition) at
.......... (insert | 1656 |
address of
the
particular
location within the
precinct as set | 1657 |
forth in the
petition) in this
precinct?" | 1658 |
(2)
"Shall the sale of .......... (insert
beer, wine and | 1659 |
mixed
beverages, or intoxicatingspirituous liquor) be
permitted | 1660 |
for sale on
Sunday
between the hours of .......... (insert "ten | 1661 |
a.m. and midnight" or
"one p.m. and midnight")
by .......... | 1662 |
(insert name of applicant,
liquor permit
holder, or
liquor agency | 1663 |
store, including trade or
fictitious name
under
which applicant | 1664 |
for, or holder of, liquor
permit or liquor
agency
store either | 1665 |
intends to do, or does,
business at the
particular
location), an | 1666 |
...... (insert
"applicant
for a D-6 liquor
permit,"
"holder of a | 1667 |
D-6 liquor permit,"
"applicant for or holder
of an
A-1-A, A-2, | 1668 |
C-1, C-2x,
D-1,
D-2x,
D-3, D-3x,
D-4, D-5, D-5b,
D-5c,
D-5e, D-5f, | 1669 |
D-5g,
D-5h, D-5i,
D-5j,
D-5k,
or D-7 liquor
permit,"
if only
the | 1670 |
approval of beer
sales is
sought,
or
"liquor agency
store")
who is | 1671 |
engaged in the
business
of .......... (insert
general
nature of | 1672 |
the business in
which
applicant or liquor permit
holder
is engaged | 1673 |
or will be
engaged
in at the
particular
location,
as
described in | 1674 |
the
petition)
at .......... (insert
address of the
particular | 1675 |
location
within the
precinct) in this
precinct?" | 1676 |
"At a previous election held under section 4301.355 of the | 1681 |
Revised
Code, the electors approved the
sale of .......... (insert | 1682 |
beer, wine and mixed
beverages,
or intoxicating liquor, as | 1683 |
appropriate)
at .......... (insert business
name and address of | 1684 |
the
particular location or locations within
the precinct where
| 1685 |
that
sale has been approved at a previous
election under section | 1686 |
4301.355 of the
Revised
Code)." | 1687 |
(D) The board of elections shall furnish printed ballots at | 1688 |
the
election as provided under section 3505.06 of the
Revised | 1689 |
Code,
except that a separate
ballot shall be used for the election | 1690 |
under
this section. The
question and,
if applicable, the
statement | 1691 |
set
forth in this section shall be
printed on each
ballot, and the | 1692 |
board shall insert in the
question and statement
appropriate words | 1693 |
to complete eachit. Votes
shall be cast as
provided under section | 1694 |
3505.06 of the
Revised
Code. | 1695 |
Sec. 4301.365. (A) If a majority of the electors in
a | 1696 |
precinct vote
"yes" on questions
(B)(1) and (2) as set forth in | 1697 |
section
4301.355 of the Revised
Code, the sale of beer, wine and | 1698 |
mixed beverages, or
intoxicatingspirituous liquor, whichever was | 1699 |
the subject
of the
election,
shall be allowed at the particular | 1700 |
location
and
for the use, and during the hours on Sunday, | 1701 |
specified in the
questions under each permit
applied
for by the | 1702 |
petitioner
or at
the address listed for the
liquor
agency store, | 1703 |
subject only
to
this chapter and Chapter 4303. of
the
Revised | 1704 |
Code. Failure to
continue
to
use the particular location
for any | 1705 |
proposed or stated
use set
forth in the petition
is
grounds for | 1706 |
the denial
of a renewal of
the liquor
permit under
division
(A) of | 1707 |
section 4303.271 of the
Revised
Code
or
is
grounds for the | 1708 |
nonrenewal or cancellation of
the
liquor agency
store contract
by | 1709 |
the division of liquor
control,
except in the
case where the | 1710 |
liquor permit holder or
liquor agency
store decides
to cease the | 1711 |
sale of beer, wine and
mixed beverages,
or
intoxicatingspirituous | 1712 |
liquor, whichever was the subject
of the election,
on
Sundays. | 1713 |
(B) Except as otherwise provided in division (H) of this | 1714 |
section, if a majority of the
electors in a precinct vote
"yes"
on | 1715 |
question
(B)(1) and
"no" on question
(B)(2) as set forth in | 1716 |
section
4301.355 of the Revised
Code, the sale of beer, wine and | 1717 |
mixed beverages, or
intoxicatingspirituous liquor, whichever was | 1718 |
the subject
of the
election, shall be allowed at the particular | 1719 |
location
for
the use specified in question
(B)(1) of section | 1720 |
4301.355 of the
Revised
Code and under each permit
applied for by | 1721 |
the petitioner,
except for a
D-6 permit, subject only to
this | 1722 |
chapter and Chapter 4303.
of the
Revised
Code. | 1723 |
(C) If a majority of the
electors in a precinct vote
"no" on | 1724 |
question
(B)(1) as set forth in section
4301.355 of the Revised | 1725 |
Code, no sales of beer, wine and mixed beverages, or
intoxicating | 1726 |
spirituous
liquor, whichever was the subject of the
election, | 1727 |
shall be
allowed at the particular location
for the use specified | 1728 |
in the
petition during the period the
election is in effect as | 1729 |
defined in
section 4301.37 of the
Revised
Code. | 1730 |
(D) If a majority of the
electors in a precinct vote only on | 1731 |
question
(B)(2) as set forth in section
4301.355 of the Revised
| 1732 |
Code and that vote results in
a majority
"yes" vote, sales of | 1733 |
beer, wine and mixed
beverages, or intoxicatingspirituous liquor, | 1734 |
whichever
was the
subject of the election,
shall be allowed at the | 1735 |
particular location for the use
and during the hours
specified in | 1736 |
the petition on
Sunday during the period the
election is in effect | 1737 |
as defined in
section 4301.37 of the
Revised
Code. | 1738 |
(E) Except as otherwise provided in division (H) of this | 1739 |
section, if a majority of the
electors in a precinct vote only on | 1740 |
question
(B)(2) as set forth in section
4301.355 of the Revised | 1741 |
Code and that vote results in
a majority
"no" vote, no sales of | 1742 |
beer, wine and mixed
beverages, or intoxicatingspirituous liquor, | 1743 |
whichever
was the
subject of the election,
shall be allowed at the | 1744 |
particular location for the use
and during the hours
specified in | 1745 |
the petition on
Sunday during the period the
election is in effect | 1746 |
as defined in
section 4301.37 of the
Revised
Code. | 1747 |
(F) In case of elections in
the same precinct for the | 1748 |
question or
questions set forth in section 4301.355 of the
Revised | 1749 |
Code and for a question or
questions set forth in section 4301.35, | 1750 |
4301.351, 4301.353, 4301.354,
4303.29, or
4305.14 of the Revised | 1751 |
Code, the results of the
election held on the question or | 1752 |
questions set forth in section
4301.355 of the Revised
Code shall | 1753 |
apply to the
particular location notwithstanding the results of | 1754 |
the election
held on the question or questions set forth in | 1755 |
section 4301.35,
4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 | 1756 |
of the
Revised
Code. | 1757 |
(G) Sections 4301.32 to 4301.41 of the Revised Code do not | 1758 |
prohibit the transfer of ownership of a permit that was issued to | 1759 |
a particular location as the result of an election held on sales | 1760 |
of beer, wine and mixed beverages, spirituous liquor, or | 1761 |
intoxicating liquor at that
particular location as long as the | 1762 |
general nature of the business
at that particular location | 1763 |
described in the petition for that
election remains the same after | 1764 |
the transfer. | 1765 |
(H) If question (B)(2) as set forth in section 4301.355 of | 1766 |
the Revised Code is submitted to the electors of a precinct | 1767 |
proposing to authorize the sale of beer, wine and mixed beverages, | 1768 |
or intoxicatingspirituous liquor between the hours of ten a.m. | 1769 |
and midnight at a particular location at which the sale of beer, | 1770 |
wine and mixed beverages, spirituous liquor, or intoxicating | 1771 |
liquor is already allowed between the hours of one p.m. and | 1772 |
midnight and the question submitted is defeated, the sale of beer, | 1773 |
wine and mixed beverages, spirituous liquor, or intoxicating | 1774 |
liquor between the hours of one p.m. and midnight shall continue | 1775 |
at that particular location. | 1776 |
Section 2. That existing sections 124.57, 3501.05, 3501.10, | 1777 |
3501.28, 3506.01, 3506.05, 3506.06, 3506.10, 3509.07,
3513.052, | 1778 |
3517.109, 3517.1010, 3519.16, 4117.03, 4301.323, 4301.355, and | 1779 |
4301.365 of
the Revised Code are hereby repealed. | 1780 |
(a) The following counties that are scheduled, pursuant to | 1788 |
the process outlined in the version of the Ohio state plan that | 1789 |
was published in the Federal Register on March 24, 2004, to | 1790 |
acquire voting machines, marking devices, or automatic tabulating | 1791 |
equipment for use in the August 2004 special election with funds | 1792 |
made available pursuant to the Help America Vote Act of 2002: | 1793 |
Adams, Auglaize, Brown, Carroll, Crawford, Delaware, Hardin, | 1794 |
Harrison, Henry, Logan, Medina, Mercer, Portage, Putnam, and | 1795 |
Trumbull; | 1796 |
(b) The following counties that are scheduled, pursuant to | 1797 |
the process outlined in the version of the Ohio state plan that | 1798 |
was published in the Federal Register on March 24, 2004, to | 1799 |
acquire voting machines, marking devices, or automatic tabulating | 1800 |
equipment for use in the November 2004 general election with funds | 1801 |
made available pursuant to the Help America Vote Act of 2002: | 1802 |
Butler, Columbiana, Darke, Fairfield, Gallia, Huron, Jackson, | 1803 |
Lorain, Lucas, Madison, Morgan, Paulding, Richland, Tuscarawas, | 1804 |
Washington, and Williams. | 1805 |
(B)(1)(a)
If the board of elections of a county originally | 1811 |
scheduled to acquire voting machines during the 2004 calendar year | 1812 |
wishes to acquire voting machines, marking devices, or automatic | 1813 |
tabulating equipment for use during the 2004 calendar year | 1814 |
according to the schedule proposed pursuant to the process | 1815 |
outlined in the version of the Ohio state plan that was published | 1816 |
in the Federal Register on March 24, 2004, with funds made | 1817 |
available pursuant to the Help America Vote Act of 2002, the board | 1818 |
may vote to reaffirm any prior decision made under that process to | 1819 |
so acquire and use voting machines, marking devices, or automatic | 1820 |
tabulating equipment at a meeting held within thirty days after | 1821 |
the effective date of this section. | 1822 |
(b) If the board of elections of a county originally | 1823 |
scheduled to acquire voting machines during the 2004 calendar year | 1824 |
fails to vote on a decision under division (B)(1)(a) of this | 1825 |
section within thirty days after the effective date of this | 1826 |
section, the county shall not acquire voting machines, marking | 1827 |
devices, or automatic tabulating equipment for use during the 2004 | 1828 |
calendar year with funds made available pursuant to the Help | 1829 |
America Vote Act of 2002. The Secretary of State shall not compel | 1830 |
the board of elections of a county originally scheduled to acquire | 1831 |
voting machines during the 2004 calendar year to vote to acquire | 1832 |
voting machines, marking devices, or automatic tabulating | 1833 |
equipment under division (B)(1)(a) of this section. | 1834 |
(c) If the board of elections of a county originally | 1835 |
scheduled to acquire voting machines during the 2004 calendar year | 1836 |
votes to reaffirm a prior decision to acquire voting machines, | 1837 |
marking devices, or automatic tabulating equipment for use during | 1838 |
the 2004 calendar year with funds made available pursuant to the | 1839 |
Help America Vote Act of 2002 under division (B)(1)(a) of this | 1840 |
section,
that county shall proceed with the acquisition of the | 1841 |
selected voting machines, marking devices, or automatic tabulating | 1842 |
equipment with those funds according to the process outlined in | 1843 |
the version of the Ohio state plan that was published in the | 1844 |
Federal Register on March 24, 2004. The Secretary of State shall | 1845 |
purchase the selected voting machines, marking devices, or | 1846 |
automatic tabulating equipment for the county by acting as an | 1847 |
agent on behalf of the board of county commissioners of that | 1848 |
county. | 1849 |
(2)(a) A county may acquire voting machines, marking devices, | 1850 |
or automatic tabulating equipment for use during the 2005 calendar | 1851 |
year pursuant to the process outlined in the version of the Ohio | 1852 |
state plan that was published in the Federal Register on March 24, | 1853 |
2004, prior to the certification of direct recording electronic | 1854 |
voting machines with a voter verified paper audit trail in | 1855 |
accordance with division (E)(1) of this section if both of the | 1856 |
following apply: | 1857 |
(ii) The county has selected, through the process outlined in | 1861 |
the version of the Ohio state plan that was published in the | 1862 |
Federal Register on March 24, 2004, voting machines, marking | 1863 |
devices, or automatic tabulating equipment other than direct | 1864 |
recording electronic voting machines as the primary voting system | 1865 |
to be used in the county. This division does not preclude the | 1866 |
acquisition of direct recording electronic voting machines to the | 1867 |
extent that the county is scheduled to acquire only one direct | 1868 |
recording electronic voting machine for each polling place as | 1869 |
required by the Help America Vote Act of 2002. | 1870 |
(b) If a county chooses to acquire voting machines, marking | 1871 |
devices, or automatic tabulating equipment under division | 1872 |
(B)(2)(a) of this section, the Secretary of State shall purchase | 1873 |
the selected voting machines, marking devices, or automatic | 1874 |
tabulating equipment for the county by acting as an agent on | 1875 |
behalf of the board of county commissioners of that county. | 1876 |
(C) It is the intent of the General Assembly that the state | 1877 |
of Ohio pay, with funds made available pursuant to the Help | 1878 |
America Vote Act of 2002 or through an appropriation of state | 1879 |
capital funds, for any additional costs a county incurs after the | 1880 |
initial purchase of direct recording electronic voting machines, | 1881 |
to upgrade, retrofit, or otherwise equip those voting machines | 1882 |
with a voter verified paper audit trail if the county acquires the | 1883 |
voting machines in any of the following manners: | 1884 |
(4) The county acquired direct recording electronic voting | 1895 |
machines before January 1, 2000, and is not scheduled to acquire | 1896 |
new voting machines, marking devices, or automatic tabulating | 1897 |
equipment with funds made available under the Help America Vote | 1898 |
Act of 2002 under the process outlined in the version of the Ohio | 1899 |
state plan that was published in the Federal Register on March 24, | 1900 |
2004. | 1901 |
(D)(1) If a county does not acquire voting machines, marking | 1902 |
devices, or automatic tabulating equipment under division (B)(1) | 1903 |
or (2) of this section or does not acquire voting machines, | 1904 |
marking devices, or automatic tabulating equipment through the | 1905 |
process described in division (C)(1) or (4) of this section, the | 1906 |
process for counties to acquire voting machines, marking devices, | 1907 |
or automatic tabulating equipment with funds made available | 1908 |
pursuant to the Help America Vote Act of 2002 that is outlined in | 1909 |
the version of the Ohio state plan that was published in the | 1910 |
Federal Register on March 24, 2004, shall be subject to divisions | 1911 |
(E) and (F) of this section with respect to any direct recording | 1912 |
electronic voting machine a county selects for acquisition. | 1913 |
(2) Nothing in division (E) or (F) of this section shall | 1914 |
affect the acquisition of voting machines, marking devices, or | 1915 |
automatic tabulating equipment, other than direct recording | 1916 |
electronic voting machines, under the process outlined in the | 1917 |
version of the Ohio state plan that was published in the Federal | 1918 |
Register on March 24, 2004. | 1919 |
(E)(1)(a) The Secretary of State shall adopt a schedule | 1920 |
pursuant to which the Secretary of State shall certify for use in | 1921 |
this state direct recording electronic voting machines with a | 1922 |
voter verified paper audit trail. That schedule shall provide for | 1923 |
the certification, acquisition, and implementation of direct | 1924 |
recording electronic voting machines with a voter verified paper | 1925 |
audit trail not later than the first federal election that occurs | 1926 |
after January 1, 2006, unless required sooner by the Help America | 1927 |
Vote Act of 2002. | 1928 |
(b) Before certifying any direct recording electronic voting | 1929 |
machines with a voter verified paper audit trail, the Secretary of | 1930 |
State shall establish standards for the certification of those | 1931 |
machines as required by division (H)(3) of section 3506.05 of the | 1932 |
Revised Code. In addition to the requirements of that section, the | 1933 |
standards for certification shall require a direct recording | 1934 |
electronic voting machine with a voter verified paper audit trail | 1935 |
to meet the requirements of the Help America Vote Act of 2002, | 1936 |
Chapter 3506. of the Revised Code, this act, and any other | 1937 |
applicable laws and standards. | 1938 |
(c) Any vendor of a direct recording electronic voting | 1939 |
machine with a voter verified paper audit trail may seek | 1940 |
certification of that machine for use in this state under the | 1941 |
certification standards the Secretary of State is required to | 1942 |
adopt under division (H)(3) of section 3506.05 of the Revised Code | 1943 |
and division (E)(1)(b) of this section according to the | 1944 |
certification schedule the Secretary of State is required to adopt | 1945 |
under division (E)(1)(a) of this section. | 1946 |
(d) No vendor, type, or model of direct recording electronic | 1947 |
voting machine that was approved in this state according to the | 1948 |
process outlined in the version of the Ohio state plan that was | 1949 |
published in the Federal Register on March 24, 2004, shall remain | 1950 |
on the approved list of vendors, types, or models for acquisition | 1951 |
with funds made available pursuant to the Help America Vote Act of | 1952 |
2002 unless it is subject to the certification standards for | 1953 |
direct recording electronic voting machines with a voter verified | 1954 |
paper audit trail the Secretary of State is required to adopt | 1955 |
under division (H)(3) of section 3506.05 of the Revised Code and | 1956 |
division (E)(1)(b) of this section. | 1957 |
(b) The purchase price for that vendor for all direct | 1979 |
recording electronic voting machines that were previously selected | 1980 |
by a county for acquisition during the 2005 calendar year under | 1981 |
the process outlined in the version of the Ohio state plan that | 1982 |
was published in the Federal Register on March 24, 2004, and that | 1983 |
have not already been acquired under division (B)(2) of this | 1984 |
section. The purchase price under this division shall include the | 1985 |
price for equipping each direct recording electronic voting | 1986 |
machine with a voter verified paper audit trail. | 1987 |
(b) To determine the percentage change between acquiring | 1997 |
direct recording electronic voting machines under the contract | 1998 |
negotiated under the process outlined in the version of the Ohio | 1999 |
state plan that was published in the Federal Register on March 24, | 2000 |
2004, and acquiring direct recording electronic voting machines | 2001 |
with a voter verified paper audit trail, the sum under division | 2002 |
(E)(4)(a) of this section shall be divided by the total cost of | 2003 |
acquiring direct recording electronic voting machines from that | 2004 |
vendor if all counties that previously selected those machines | 2005 |
from that vendor under the process outlined in the version of the | 2006 |
Ohio state plan that was published in the Federal Register on | 2007 |
March 24, 2004, had acquired the machines under that contract. | 2008 |
(a) Counties that have not yet purchased direct recording | 2015 |
electronic voting machines with funds made available under the | 2016 |
Help America Vote Act of 2002 and that previously selected that | 2017 |
vendor's direct recording electronic voting machines to purchase | 2018 |
direct recording electronic voting machines with a voter verified | 2019 |
paper audit trail from that vendor according to the process | 2020 |
outlined in the version of the Ohio state plan that was published | 2021 |
in the Federal Register on March 24, 2004; | 2022 |
(F)(1) If a vendor of a direct recording electronic voting | 2035 |
machine that was approved for acquisition and use in this state | 2036 |
under the process outlined in the version of the Ohio state plan | 2037 |
that was published in the Federal Register on March 24, 2004, | 2038 |
chooses not to seek or fails to gain certification for a direct | 2039 |
recording electronic voting machine with a voter verified paper | 2040 |
audit trail, or if the vendor's contract is declared null and void | 2041 |
under division (E)(6) of this section, any vendor of a direct | 2042 |
recording electronic voting machine with a voter verified paper | 2043 |
audit trail that is certified for use in this state may submit a | 2044 |
bid to provide voting machines, marking devices, or automatic | 2045 |
tabulating equipment for those counties whose original direct | 2046 |
recording electronic voting machine selection is no longer | 2047 |
available under this section. | 2048 |
(2) The Secretary of State shall develop a process by which | 2049 |
vendors of a certified direct recording electronic voting machine | 2050 |
with a voter verified paper audit trail may submit bids under | 2051 |
division (F)(1) of this section, by which the Secretary of State | 2052 |
shall approve for acquisition, and by which counties identified in | 2053 |
division (F)(1) of this section may purchase voting machines, | 2054 |
marking devices, or automatic tabulating equipment using funds | 2055 |
made available pursuant to the Help America Vote Act of 2002. Any | 2056 |
voting machines, marking devices, or automatic tabulating | 2057 |
equipment so purchased shall meet the requirements of the Help | 2058 |
America Vote Act of 2002, Chapter 3506. of the Revised Code, this | 2059 |
act, and any other applicable laws and standards. Any process the | 2060 |
Secretary of State develops under this division shall be described | 2061 |
in the Ohio state plan. The process shall permit the Secretary of | 2062 |
State to purchase voting machines, marking devices, or automatic | 2063 |
tabulating equipment on behalf of a board of county commissioners | 2064 |
with the Secretary of State acting as an agent of the board. | 2065 |
The foregoing appropriation item 050-610, Board of Voting | 2124 |
Machine Examiners,
shall be used to pay for the services and | 2125 |
expenses of the members of the Board
of Voting Machine Examiners, | 2126 |
and for other expenses that are authorized to be
paid from the | 2127 |
Board of Voting Machine Examiners Fund, which is created in | 2128 |
section
3506.05 of the Revised Code. Moneys not used shall be | 2129 |
returned to
the
person or entity submitting the equipment for | 2130 |
examination. If
it is
determined that additional appropriations | 2131 |
are necessary,
such amounts are appropriated. | 2132 |
If, as of the effective date of this amendment, the | 2140 |
Controlling Board has not taken action to allow for a statewide | 2141 |
voter education and poll worker training program in the state, the | 2142 |
Director of Budget and Management shall transfer $5,000,000 from | 2143 |
the Election Reform Fund (Fund 3AA) to the Voter Education/Poll | 2144 |
Worker Education Fund (Fund 3AT). Of the foregoing appropriation | 2145 |
item 050-614, Voter/Poll Worker Education, $2,500,000 shall be | 2146 |
allocated to the counties, subject to Controlling Board approval. | 2147 |
Of this amount, the Secretary of State shall distribute $440,000 | 2148 |
to the counties such that each county shall receive $5,000. The | 2149 |
remaining $2,060,000 allocated shall be distributed to the | 2150 |
counties based upon per capita population as determined by the | 2151 |
most recent federal decennial census data. $2,500,000 shall be | 2152 |
used to conduct a statewide voter education and poll | 2153 |
worker-training program, subject to Controlling Board approval. | 2154 |
Of the $2,500,000 appropriated to counties, no county shall | 2155 |
receive its allotted funding until it has submitted a voter | 2156 |
education plan to, and had that plan approved by, the Secretary of | 2157 |
State. Of the $2,500,000 appropriated to the Secretary of State | 2158 |
for the purpose of conducting a voter education and poll worker | 2159 |
training program, the Secretary of State may use up to $1,000,000 | 2160 |
for the development, implementation, and certification for | 2161 |
standards of Voter Verified Paper Audit Trail (VVPAT) systems. | 2162 |
After January 1, 2005, the Secretary of State may seek | 2163 |
approval from the Controlling Board for the release of an | 2164 |
additional $2,500,000 from the Election Reform Fund (Fund 3AA), if | 2165 |
the Secretary of State can demonstrate it is necessary for the | 2166 |
implementation of additional voter education and poll worker | 2167 |
training. Of this $2,500,000, the Secretary of State must | 2168 |
distribute $1,250,000 to the counties on a per capita basis based | 2169 |
upon population as determined by the most recent federal decennial | 2170 |
census data. However, the $1,250,000 shall not be released to the | 2171 |
individual counties until those counties have submitted a voter | 2172 |
education plan to, and had that plan approved by, the Secretary of | 2173 |
State. | 2174 |
If, as of the effective date of this amendment, the | 2182 |
Controlling Board has not taken action to approve the funds for | 2183 |
deployment of HAVA certified voting systems in 2004, the Director | 2184 |
of Budget and Management shall transfer an amount not to exceed | 2185 |
$27,250,000 from the Election Reform Fund (Fund 3AA) to the 2004 | 2186 |
HAVA Voting Machines Fund (Fund 3AR). | 2187 |
As of the effective date of this amendment, the Director of | 2189 |
Budget and Management shall transfer an amount not to exceed | 2190 |
$79,250,000 from the Election Reform Fund (Fund 3AA) to the 2005 | 2191 |
HAVA Voting Machines Fund (Fund 3AS). The amount is hereby | 2192 |
appropriated. The Secretary of State shall certify to the Director | 2193 |
of Budget and Management any amount from the 2004 Voting Machines | 2194 |
Fund (Fund 3AR) that was not required for voting machine | 2195 |
replacement or upgrades. The Director of Budget and Management | 2196 |
shall transfer this amount to the 2005 HAVA Voting Machines Fund | 2197 |
(Fund 3AS) and abolish the 2004 HAVA Voting Machines Fund (Fund | 2198 |
3AR). | 2199 |
Section 8. The codified and uncodified sections of law | 2207 |
amended or enacted by this act, and the items of law of which the | 2208 |
sections as amended or enacted by this act are composed, are not | 2209 |
subject to the referendum. Therefore, under Ohio Constitution, | 2210 |
Article II, Section 1d and section 1.471 of the Revised Code, the | 2211 |
sections of law amended or enacted by this act, and the items of | 2212 |
law of which the sections as amended or enacted by this act are | 2213 |
composed, go into immediate effect when this act becomes law. | 2214 |