S. B. No. 79 As Introduced

Senator Stivers

A BILL

To amend sections 3513.254 and 3513.255 and to enact 1
section 3513.256 of the Revised Code to permit 2
boards of education and governing boards of 3
educational service centers to adopt, for the 4
purpose of nominating candidates for those boards, 5
a charter municipal corporation's procedures for 6
nominating candidates, if that municipal 7
corporation is located wholly or partially within 8
the school district. 9

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

       Section 1. That sections 3513.254 and 3513.255 be amended and 10
section 3513.256 of the Revised Code be enacted to read as 11
follows: 12

       Sec. 3513.254. (A) The name of each candidate for member of a 13
city, local, or exempted village board of education or for member 14
of a governing board of an educational service center described in 15
section 3311.051 of the Revised Code shall appear on the 16
nonpartisan ballot. Nominating petitions of candidates for member 17
of a board of education of a local or exempted village school 18
district or for member of a governing board of an educational 19
service center described in section 3311.051 of the Revised Code 20
shall be signed by twenty-five qualified electors of the school 21
district or educational service center service area. Nominating 22
petitions for candidates for member of a board of education of a 23
city school district having a population of less than twenty 24
thousand, as ascertained by the next preceding federal census, 25
shall be signed by twenty-five qualified electors of the school 26
district. Nominating petitions for candidates for member of a 27
board of education of a city school district having a population 28
of twenty thousand or more but less than fifty thousand, as 29
ascertained by the next preceding federal census, shall be signed 30
by seventy-five qualified electors of the school district. 31
Nominating petitions for candidates for member of a board of 32
education of a city school district having a population of fifty 33
thousand or more but less than one hundred thousand, as 34
ascertained by the next preceding federal census, shall be signed 35
by one hundred fifty qualified electors of the school district. 36
Nominating petitions for candidates for member of a board of 37
education of a city school district having a population of one 38
hundred thousand or more, as ascertained by the next preceding 39
federal census, shall be signed by three hundred qualified 40
electors of the school district. 41

       (B) Nominating petitions shall be filed with the board of 42
elections not later than four p.m. of the seventy-fifth day before 43
the day of the general election, provided that no such petition 44
shall be accepted for filing if it appears to contain signatures 45
aggregating in number more than three times the minimum number of 46
signatures required by this section. A board of elections shall 47
not accept for filing a nominating petition of a person if that 48
person, for the same election, has already filed a declaration of 49
candidacy, a declaration of intent to be a write-in candidate, or 50
a nominating petition, or has become a candidate through party 51
nomination at a primary election or by the filling of a vacancy 52
under section 3513.30 or 3513.31 of the Revised Code for any other 53
position as a member of a city, local, or exempted village board 54
of education or position as a member of a governing board of an 55
educational service center, or for a municipal or township office. 56
When a petition of a candidate has been accepted for filing by a 57
board of elections, the petition shall not be deemed invalid if, 58
upon verification of signatures contained in the petition, the 59
board of elections finds the number of signatures accepted exceeds 60
three times the minimum number of signatures required. A board of 61
elections may discontinue verifying petitions when the number of 62
verified signatures equals the minimum required number of 63
qualified signatures. 64

       (C) This section is subject to section 3513.256 of the 65
Revised Code. 66

       Sec. 3513.255. This section does not apply to candidates for 67
election to a governing board of an educational service center 68
described in section 3311.051 of the Revised Code. This section is 69
subject to section 3513.256 of the Revised Code. The name of each 70
candidate for election as a member of a governing board of an 71
educational service center shall appear on the nonpartisan ballot. 72
Each nominating petition shall be signed by fifty qualified 73
electors who reside in one of the following, as applicable: 74

       (A) The school districts over which the educational service 75
center governing board has jurisdiction, in the case of any 76
candidate running for a position on any educational service center 77
governing board other than a governing board established in 78
accordance with section 3311.054 of the Revised Code; 79

       (B) The subdistrict in which the candidate is running, in the 80
case of a position on a governing board of an educational service 81
center established in accordance with section 3311.054 of the 82
Revised Code. 83

       Each nominating petition shall be filed with the board of 84
elections of the county in which the central administrative 85
offices of the educational service center governing board are 86
located not later than four p.m. of the seventy-fifth day before 87
the day of the general election, provided that no such petition 88
shall be accepted for filing if it appears to contain signatures 89
aggregating in number more than three times the minimum number of 90
signatures required by this section. A board of elections shall 91
not accept for filing a nominating petition of a person if that 92
person, for the same election, has already filed a declaration of 93
candidacy, a declaration of intent to be a write-in candidate, or 94
a nominating petition, or has become a candidate through party 95
nomination at a primary election or by the filling of a vacancy 96
under section 3513.30 or 3513.31 of the Revised Code for any other 97
position as a member of a governing board of an educational 98
service center or position as a member of a city, local, or 99
exempted village board of education, or for a municipal or 100
township office. When a petition of a candidate has been accepted 101
for filing by a board of elections, the petition shall not be 102
deemed invalid if, upon verification of signatures contained in 103
the petition, the board of elections finds the number of 104
signatures accepted exceeds three times the minimum signatures 105
required. A board of elections may discontinue verifying petitions 106
when the number of verified signatures equals the minimum required 107
number of qualified signatures. 108

       Sec. 3513.256. (A) Notwithstanding any provision of the 109
Revised Code to the contrary, for the purpose of nominating 110
candidates for a position as a member of the board of education of 111
a city, local, or exempted village school district or a position 112
as a member of a governing board of an educational service center, 113
the board may adopt, by resolution, the procedures specified in 114
the charter of a municipal corporation for nominating candidates 115
for the office of member of the legislative authority of the 116
municipal corporation, if the territory of the municipal 117
corporation is located partially or wholly within the school 118
district or the territory of the service center. 119

       No resolution adopted under this division shall apply for a 120
particular election unless the resolution is adopted at least 121
ninety days prior to the deadline to become a candidate for 122
nomination at that election in accordance with the charter of the 123
municipal corporation whose nomination procedures the resolution 124
is adopting. Subject to division (B) of this section, the 125
resolution shall apply to all subsequent nominations for a 126
position as a member of that board. 127

       (B) The board of education of a city, local, or exempted 128
village school district or the governing board of an educational 129
service center that has adopted a resolution under division (A) of 130
this section may rescind that resolution by subsequent resolution. 131

       No resolution adopted under this division shall apply to a 132
particular election if candidates already have been nominated for 133
that election under the procedures adopted pursuant to division 134
(A) of this section. Subject to division (D) of this section, the 135
requirements of Chapter 3513. of the Revised Code shall apply to 136
all subsequent nominations for a position as a member of that 137
board. 138

       (C) Any candidate nominated pursuant to a resolution adopted 139
under division (A) of this section shall appear on the nonpartisan 140
ballot at the general election as prescribed in sections 3505.04, 141
3513.254, and 3513.255 of the Revised Code. 142

       (D) Nothing in this section prohibits or shall be construed 143
to prohibit the board of education of a city, local, or exempted 144
village school district or the governing board of an educational 145
service center that has rescinded a resolution under division (B) 146
of this section from subsequently adopting the nomination 147
procedures of the same or of a different municipal corporation 148
that is located partially or wholly within the school district or 149
the territory of the service center by adopting a resolution under 150
division (A) of this section. 151

       Section 2. That existing sections 3513.254 and 3513.255 of 152
the Revised Code are hereby repealed. 153

Section 1. That sections 3513.254 and 3513.255 be amended and	10
section 3513.256 of the Revised Code be enacted to read as	11
follows:	12

Sec. 3513.254. (A) The name of each candidate for member of a	13
city, local, or exempted village board of education or for member	14
of a governing board of an educational service center described in	15
section 3311.051 of the Revised Code shall appear on the	16
nonpartisan ballot. Nominating petitions of candidates for member	17
of a board of education of a local or exempted village school	18
district or for member of a governing board of an educational	19
service center described in section 3311.051 of the Revised Code	20
shall be signed by twenty-five qualified electors of the school	21
district or educational service center service area. Nominating	22
petitions for candidates for member of a board of education of a	23
city school district having a population of less than twenty	24
thousand, as ascertained by the next preceding federal census,	25
shall be signed by twenty-five qualified electors of the school	26
district. Nominating petitions for candidates for member of a	27
board of education of a city school district having a population	28
of twenty thousand or more but less than fifty thousand, as	29
ascertained by the next preceding federal census, shall be signed	30
by seventy-five qualified electors of the school district.	31
Nominating petitions for candidates for member of a board of	32
education of a city school district having a population of fifty	33
thousand or more but less than one hundred thousand, as	34
ascertained by the next preceding federal census, shall be signed	35
by one hundred fifty qualified electors of the school district.	36
Nominating petitions for candidates for member of a board of	37
education of a city school district having a population of one	38
hundred thousand or more, as ascertained by the next preceding	39
federal census, shall be signed by three hundred qualified	40
electors of the school district.	41

(B) Nominating petitions shall be filed with the board of	42
elections not later than four p.m. of the seventy-fifth day before	43
the day of the general election, provided that no such petition	44
shall be accepted for filing if it appears to contain signatures	45
aggregating in number more than three times the minimum number of	46
signatures required by this section. A board of elections shall	47
not accept for filing a nominating petition of a person if that	48
person, for the same election, has already filed a declaration of	49
candidacy, a declaration of intent to be a write-in candidate, or	50
a nominating petition, or has become a candidate through party	51
nomination at a primary election or by the filling of a vacancy	52
under section 3513.30 or 3513.31 of the Revised Code for any other	53
position as a member of a city, local, or exempted village board	54
of education or position as a member of a governing board of an	55
educational service center, or for a municipal or township office.	56
When a petition of a candidate has been accepted for filing by a	57
board of elections, the petition shall not be deemed invalid if,	58
upon verification of signatures contained in the petition, the	59
board of elections finds the number of signatures accepted exceeds	60
three times the minimum number of signatures required. A board of	61
elections may discontinue verifying petitions when the number of	62
verified signatures equals the minimum required number of	63
qualified signatures.	64

(C) This section is subject to section 3513.256 of the	65
Revised Code.	66

Sec. 3513.255. This section does not apply to candidates for	67
election to a governing board of an educational service center	68
described in section 3311.051 of the Revised Code. This section is	69
subject to section 3513.256 of the Revised Code. The name of each	70
candidate for election as a member of a governing board of an	71
educational service center shall appear on the nonpartisan ballot.	72
Each nominating petition shall be signed by fifty qualified	73
electors who reside in one of the following, as applicable:	74

(A) The school districts over which the educational service	75
center governing board has jurisdiction, in the case of any	76
candidate running for a position on any educational service center	77
governing board other than a governing board established in	78
accordance with section 3311.054 of the Revised Code;	79

(B) The subdistrict in which the candidate is running, in the	80
case of a position on a governing board of an educational service	81
center established in accordance with section 3311.054 of the	82
Revised Code.	83

Each nominating petition shall be filed with the board of	84
elections of the county in which the central administrative	85
offices of the educational service center governing board are	86
located not later than four p.m. of the seventy-fifth day before	87
the day of the general election, provided that no such petition	88
shall be accepted for filing if it appears to contain signatures	89
aggregating in number more than three times the minimum number of	90
signatures required by this section. A board of elections shall	91
not accept for filing a nominating petition of a person if that	92
person, for the same election, has already filed a declaration of	93
candidacy, a declaration of intent to be a write-in candidate, or	94
a nominating petition, or has become a candidate through party	95
nomination at a primary election or by the filling of a vacancy	96
under section 3513.30 or 3513.31 of the Revised Code for any other	97
position as a member of a governing board of an educational	98
service center or position as a member of a city, local, or	99
exempted village board of education, or for a municipal or	100
township office. When a petition of a candidate has been accepted	101
for filing by a board of elections, the petition shall not be	102
deemed invalid if, upon verification of signatures contained in	103
the petition, the board of elections finds the number of	104
signatures accepted exceeds three times the minimum signatures	105
required. A board of elections may discontinue verifying petitions	106
when the number of verified signatures equals the minimum required	107
number of qualified signatures.	108

Sec. 3513.256. (A) Notwithstanding any provision of the	109
Revised Code to the contrary, for the purpose of nominating	110
candidates for a position as a member of the board of education of	111
a city, local, or exempted village school district or a position	112
as a member of a governing board of an educational service center,	113
the board may adopt, by resolution, the procedures specified in	114
the charter of a municipal corporation for nominating candidates	115
for the office of member of the legislative authority of the	116
municipal corporation, if the territory of the municipal	117
corporation is located partially or wholly within the school	118
district or the territory of the service center.	119

No resolution adopted under this division shall apply for a	120
particular election unless the resolution is adopted at least	121
ninety days prior to the deadline to become a candidate for	122
nomination at that election in accordance with the charter of the	123
municipal corporation whose nomination procedures the resolution	124
is adopting. Subject to division (B) of this section, the	125
resolution shall apply to all subsequent nominations for a	126
position as a member of that board.	127

(B) The board of education of a city, local, or exempted	128
village school district or the governing board of an educational	129
service center that has adopted a resolution under division (A) of	130
this section may rescind that resolution by subsequent resolution.	131

No resolution adopted under this division shall apply to a	132
particular election if candidates already have been nominated for	133
that election under the procedures adopted pursuant to division	134
(A) of this section. Subject to division (D) of this section, the	135
requirements of Chapter 3513. of the Revised Code shall apply to	136
all subsequent nominations for a position as a member of that	137
board.	138

(C) Any candidate nominated pursuant to a resolution adopted	139
under division (A) of this section shall appear on the nonpartisan	140
ballot at the general election as prescribed in sections 3505.04,	141
3513.254, and 3513.255 of the Revised Code.	142

(D) Nothing in this section prohibits or shall be construed	143
to prohibit the board of education of a city, local, or exempted	144
village school district or the governing board of an educational	145
service center that has rescinded a resolution under division (B)	146
of this section from subsequently adopting the nomination	147
procedures of the same or of a different municipal corporation	148
that is located partially or wholly within the school district or	149
the territory of the service center by adopting a resolution under	150
division (A) of this section.	151

Section 2. That existing sections 3513.254 and 3513.255 of	152
the Revised Code are hereby repealed.	153