As Reported by the Senate Education Committee

125th General Assembly
Regular Session
2003-2004
Sub. S. B. No. 79


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
procedures for a nonpartisan primary election.6


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

       Section 1. That sections 3513.254 and 3513.255 be amended and 7
section 3513.256 of the Revised Code be enacted to read as 8
follows:9

       Sec. 3513.254. (A) The name of each candidate for member of a10
city, local, or exempted village board of education or for member11
of a governing board of an educational service center described in12
section 3311.051 of the Revised Code shall appear on the13
nonpartisan ballot. Nominating petitions of candidates for member14
of a board of education of a local or exempted village school15
district or for member of a governing board of an educational16
service center described in section 3311.051 of the Revised Code17
shall be signed by twenty-five qualified electors of the school18
district or educational service center service area. Nominating19
petitions for candidates for member of a board of education of a20
city school district having a population of less than twenty21
thousand, as ascertained by the next preceding federal census,22
shall be signed by twenty-five qualified electors of the school23
district. Nominating petitions for candidates for member of a24
board of education of a city school district having a population25
of twenty thousand or more but less than fifty thousand, as26
ascertained by the next preceding federal census, shall be signed27
by seventy-five qualified electors of the school district.28
Nominating petitions for candidates for member of a board of29
education of a city school district having a population of fifty30
thousand or more but less than one hundred thousand, as31
ascertained by the next preceding federal census, shall be signed32
by one hundred fifty qualified electors of the school district.33
Nominating petitions for candidates for member of a board of34
education of a city school district having a population of one35
hundred thousand or more, as ascertained by the next preceding36
federal census, shall be signed by three hundred qualified37
electors of the school district.38

       (B) Nominating petitions shall be filed with the board of39
elections not later than four p.m. of the seventy-fifth day before40
the day of the general election, provided that no such petition41
shall be accepted for filing if it appears to contain signatures42
aggregating in number more than three times the minimum number of43
signatures required by this section. A board of elections shall44
not accept for filing a nominating petition of a person if that45
person, for the same election, has already filed a declaration of46
candidacy, a declaration of intent to be a write-in candidate, or47
a nominating petition, or has become a candidate through party48
nomination at a primary election or by the filling of a vacancy49
under section 3513.30 or 3513.31 of the Revised Code for any other50
position as a member of a city, local, or exempted village board51
of education or position as a member of a governing board of an52
educational service center, or for a municipal or township office.53
When a petition of a candidate has been accepted for filing by a54
board of elections, the petition shall not be deemed invalid if,55
upon verification of signatures contained in the petition, the56
board of elections finds the number of signatures accepted exceeds57
three times the minimum number of signatures required. A board of58
elections may discontinue verifying petitions when the number of59
verified signatures equals the minimum required number of60
qualified signatures.61

       (C) This section is subject to section 3513.256 of the 62
Revised Code.63

       Sec. 3513.255. This section does not apply to candidates for64
election to a governing board of an educational service center65
described in section 3311.051 of the Revised Code.This section is 66
subject to section 3513.256 of the Revised Code. The name of each 67
candidate for election as a member of a governing board of an68
educational service center shall appear on the nonpartisan ballot.69
Each nominating petition shall be signed by fifty qualified70
electors who reside in one of the following, as applicable:71

       (A) The school districts over which the educational service72
center governing board has jurisdiction, in the case of any73
candidate running for a position on any educational service center74
governing board other than a governing board established in75
accordance with section 3311.054 of the Revised Code;76

       (B) The subdistrict in which the candidate is running, in the 77
case of a position on a governing board of an educational service 78
center established in accordance with section 3311.054 of the 79
Revised Code.80

       Each nominating petition shall be filed with the board of81
elections of the county in which the central administrative82
offices of the educational service center governing board are83
located not later than four p.m. of the seventy-fifth day before84
the day of the general election, provided that no such petition85
shall be accepted for filing if it appears to contain signatures86
aggregating in number more than three times the minimum number of87
signatures required by this section. A board of elections shall88
not accept for filing a nominating petition of a person if that89
person, for the same election, has already filed a declaration of90
candidacy, a declaration of intent to be a write-in candidate, or91
a nominating petition, or has become a candidate through party92
nomination at a primary election or by the filling of a vacancy93
under section 3513.30 or 3513.31 of the Revised Code for any other94
position as a member of a governing board of an educational95
service center or position as a member of a city, local, or96
exempted village board of education, or for a municipal or97
township office. When a petition of a candidate has been accepted98
for filing by a board of elections, the petition shall not be99
deemed invalid if, upon verification of signatures contained in100
the petition, the board of elections finds the number of101
signatures accepted exceeds three times the minimum signatures102
required. A board of elections may discontinue verifying petitions 103
when the number of verified signatures equals the minimum required 104
number of qualified signatures.105

       Sec. 3513.256. (A) Notwithstanding any provision of the 106
Revised Code to the contrary, for the purpose of nominating 107
candidates for a position as a member of the board of education of 108
a city, local, or exempted village school district or a position 109
as a member of a governing board of an educational service center, 110
the board may adopt, by resolution upon a three-fifths majority 111
vote of its total membership, procedures for a nonpartisan primary 112
election. Such procedures shall specify the following:113

        (1) That the primary election for nominating candidates for a 114
position as a member of that board shall be held on the same day 115
as the primary election for nominating all other candidates for 116
public office in that year;117

        (2) That nominating petitions shall be filed with the board 118
of elections not later than four p.m. of the seventy-fifth day 119
before the day of the primary election;120

       (3) That the primary election shall take place only if the 121
number of candidates for nomination for a position on that board, 122
as verified by the board of elections, is at least one more than 123
two times the number of available positions on that board at the 124
general election;125

       (4) That the number of candidates advancing from the primary 126
election to the general election shall equal two times the number 127
of available positions on that board at the general election.128

       The board shall notify the board of elections upon adoption 129
of a resolution under this division. No such resolution shall 130
apply for a particular election unless the resolution is adopted 131
at least one hundred twenty days prior to the deadline specified 132
in the resolution to become a candidate for nomination at that 133
election. Subject to division (B) of this section, the resolution 134
shall apply to all subsequent nominations for a position as a 135
member of that board.136

       (B) Not earlier than five years after the adoption of a 137
resolution under division (A) of this section, the board of 138
education of a city, local, or exempted village school district or 139
the governing board of an educational service center may rescind 140
that resolution by subsequent resolution upon a three-fifths 141
majority vote of its total membership.142

       The board shall notify the board of elections of any 143
resolution adopted under this division. No such resolution shall 144
apply to a particular election unless the resolution is adopted at 145
least one hundred twenty days prior to the deadline to become a 146
candidate for nomination at that election under the nomination 147
procedures the resolution is rescinding. Subject to division (D) 148
of this section, the requirements of Chapter 3513. of the Revised 149
Code shall apply to all subsequent nominations for a position as a 150
member of that board.151

       (C) Any candidate nominated pursuant to a resolution adopted 152
under division (A) of this section shall appear on the nonpartisan 153
ballot at the general election as prescribed in sections 3505.04, 154
3513.254, and 3513.255 of the Revised Code.155

       (D) Nothing in this section prohibits or shall be construed 156
to prohibit the board of education of a city, local, or exempted 157
village school district or the governing board of an educational 158
service center that has rescinded a resolution under division (B) 159
of this section from subsequently adopting the same or different 160
procedures for a nonpartisan primary election by adopting a 161
resolution under division (A) of this section.162

       Section 2. That existing sections 3513.254 and 3513.255 of 163
the Revised Code are hereby repealed.164