Senators Jacobson, Harris, Spada, Hottinger, Coughlin
A BILL
To amend sections 131.23, 145.38, 303.12, 306.70, 307.791, 322.021, 324.021, 503.162, 504.02, 504.03, 511.28, 511.34, 513.14, 519.12, 745.07, 747.11, 1901.07, 1901.10, 1901.31, 2961.01, 2967.17, 3311.21, 3311.50, 3311.73, 3349.29, 3354.12, 3355.09, 3375.03, 3501.01, 3501.05, 3501.10, 3501.11, 3501.13, 3501.17, 3501.26, 3501.30, 3501.33, 3501.35, 3501.38, 3501.39, 3503.02, 3503.06, 3503.11, 3503.13, 3503.14, 3503.16, 3503.19, 3503.21, 3503.23, 3503.24, 3505.062, 3505.063, 3505.16, 3505.18, 3505.19, 3505.20, 3505.21, 3505.22, 3505.25, 3505.26, 3505.27, 3505.32, 3506.01, 3506.05, 3506.12, 3506.13, 3506.18, 3509.02, 3509.03, 3509.031, 3509.04, 3509.05, 3509.06, 3509.08, 3509.09, 3511.02, 3511.09, 3511.13, 3513.04, 3513.041, 3513.05, 3513.052, 3513.07, 3513.09, 3513.19, 3513.20, 3513.22, 3513.257, 3513.259, 3513.261, 3513.30, 3515.03, 3515.04, 3515.07, 3515.08, 3515.13, 3517.01, 3517.081, 3517.092, 3517.10, 3517.106, 3517.1011, 3517.12, 3517.13, 3517.153, 3519.01, 3519.03, 3519.04, 3519.05, 3523.05, 3599.11, 3599.111, 3599.13, 3599.14, 3599.21, 3599.24, 3599.38, 4113.52, 4301.33, 4301.331, 4301.332, 4301.333, 4301.334, 4305.14, 4504.021, 5705.191, 5705.194, 5705.196, 5705.21, 5705.218, 5705.25, 5705.251, 5705.261, 5705.71, 5739.022, 5748.02, 5748.04, 5748.08, and 6119.18, to enact sections 109.95, 3501.052, 3501.19, 3501.382, 3501.90, 3503.15, 3503.28, 3503.29, 3505.181, 3505.182, 3505.183, 3506.20, 3506.21, 3506.22, 3506.23, 3515.041, 3515.072, 3519.051, and 3519.07, and to repeal section 3503.27 of the Revised Code to revise the Election Law and to terminate certain provisions of this act on January 1, 2009, by repealing section 3501.19 of the Revised Code on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 131.23, 145.38, 303.12, 306.70, 307.791, 322.021, 324.021, 503.162, 504.02, 504.03, 511.28, 511.34, 513.14, 519.12, 745.07, 747.11, 1901.07, 1901.10, 1901.31, 2961.01, 2967.17, 3311.21, 3311.50, 3311.73, 3349.29, 3354.12, 3355.09, 3375.03, 3501.01, 3501.05, 3501.10, 3501.11, 3501.13, 3501.17, 3501.26, 3501.30, 3501.33, 3501.35, 3501.38, 3501.39, 3503.02, 3503.06, 3503.11, 3503.13, 3503.14, 3503.16, 3503.19, 3503.21, 3503.23, 3503.24, 3505.062, 3505.063, 3505.16, 3505.18, 3505.19, 3505.20, 3505.21, 3505.22, 3505.25, 3505.26, 3505.27, 3505.32, 3506.01, 3506.05, 3506.12, 3506.13, 3506.18, 3509.02, 3509.03, 3509.031, 3509.04, 3509.05, 3509.06, 3509.08, 3509.09, 3511.02, 3511.09, 3511.13, 3513.04, 3513.041, 3513.05, 3513.052, 3513.07, 3513.09, 3513.19, 3513.20, 3513.22, 3513.257, 3513.259, 3513.261, 3513.30, 3515.03, 3515.04, 3515.07, 3515.08, 3515.13, 3517.01, 3517.081, 3517.092, 3517.10, 3517.106, 3517.1011, 3517.12, 3517.13, 3517.153, 3519.01, 3519.03, 3519.04, 3519.05, 3523.05, 3599.11, 3599.111, 3599.13, 3599.14, 3599.21, 3599.24, 3599.38, 4113.52, 4301.33, 4301.331, 4301.332, 4301.333, 4301.334, 4305.14, 4504.021, 5705.191, 5705.194, 5705.196, 5705.21, 5705.218, 5705.25, 5705.251, 5705.261, 5705.71, 5739.022, 5748.02, 5748.04, 5748.08, and 6119.18 be amended and sections 109.95, 3501.052, 3501.19, 3501.382, 3501.90, 3503.15, 3503.28, 3503.29, 3505.181, 3505.182, 3505.183, 3506.20, 3506.21, 3506.22, 3506.23, 3515.041, 3515.072, 3519.051, and 3519.07 of the Revised Code be enacted to read as follows:
Sec. 109.95. Notwithstanding any provision of the Revised Code to the contrary pertaining to prosecutorial authority, the attorney general may initiate criminal proceedings for election fraud under section 3599.42 of the Revised Code which results from a violation of any provision of Title XXXV of the Revised Code, other than Chapter 3517. of the Revised Code, involving voting, an initiative or referendum petition process, or the conducting of an election, by presenting evidence of criminal violations in question to the prosecuting attorney of any county in which the violations may be prosecuted. If the prosecuting attorney does not prosecute the violations within a reasonable time or requests the attorney general to do so, the attorney general may proceed with the prosecution of the violations with all of the rights, privileges, and powers conferred by law on a prosecuting attorney, including, but not limited to, the power to appear before a grand jury and to interrogate witnesses before a grand jury.
Sec. 131.23. The various political subdivisions of this
state may issue bonds, and any indebtedness created by such that
issuance shall not be subject to the limitations or included in
the calculation of indebtedness prescribed by sections 133.05,
133.06, 133.07, and 133.09 of the Revised Code, but such the bonds
may be issued only under the following conditions:
(A) The subdivision desiring to issue such the bonds shall
obtain from the county auditor a certificate showing the total
amount of delinquent taxes due and unpayable to such the subdivision
at the last semiannual tax settlement.
(B) The fiscal officer of that subdivision shall prepare a
statement, from the books of the subdivision, verified by the
fiscal officer
under oath, which shall contain the following facts of such the
subdivision:
(1) The total bonded indebtedness;
(2) The aggregate amount of notes payable or outstanding
accounts of the subdivision, incurred prior to the commencement
of the current fiscal year, which shall include all evidences of
indebtedness issued by the subdivision except notes issued in
anticipation of bond issues and the indebtedness of any
nontax-supported public utility;
(3) Except in the case of school districts, the aggregate
current year's requirement for disability
financial assistance and disability medical assistance provided under Chapter 5115. of the Revised
Code that the subdivision is unable to finance except by the
issue of bonds;
(4) The indebtedness outstanding through the issuance of
any bonds or notes pledged or obligated to be paid by any
delinquent taxes;
(5) The total of any other indebtedness;
(6) The net amount of delinquent taxes unpledged to pay
any bonds, notes, or certificates, including delinquent
assessments on improvements on which the bonds have been paid;
(7) The budget requirements for the fiscal year for bond
and note retirement;
(8) The estimated revenue for the fiscal year.
(C) The certificate and statement provided for in
divisions (A) and (B) of this section shall be forwarded to the
tax commissioner together with a request for authority to issue
bonds of such the subdivision in an amount not to exceed seventy per
cent of the net unobligated delinquent taxes and assessments due
and owing to such the subdivision, as set forth in division (B)(6) of
this section.
(D) No subdivision may issue bonds under this section in
excess of a sufficient amount to pay the indebtedness of the
subdivision as shown by division (B)(2) of this section and,
except in the case of school districts, to provide funds for
disability financial assistance and disability medical assistance, as shown by
division (B)(3) of this section.
(E) The tax commissioner shall grant to such the subdivision
authority requested by such the subdivision as restricted by
divisions (C) and (D) of this section and shall make a record of
the certificate, statement, and grant in a record book devoted
solely to such recording and which shall be open to inspection by
the public.
(F) The commissioner shall immediately upon issuing the
authority provided in division (E) of this section notify the
proper authority having charge of the retirement of bonds of such the
subdivision by forwarding a copy of such the grant of authority and
of the statement provided for in division (B) of this section.
(G) Upon receipt of authority, the subdivision shall
proceed according to law to issue the amount of bonds authorized
by the commissioner, and authorized by the taxing authority,
provided the taxing authority of that subdivision may submit, by
resolution submit, to the electors of that subdivision the
question of issuing such the bonds. Such The resolution shall make the
declarations and statements required by section 133.18 of the
Revised Code. The county auditor and taxing authority shall
thereupon proceed as set forth in divisions (C) and (D) of such that
section. The election on the question of issuing such the bonds
shall be held under divisions (E), (F), and (G) of such that section,
except that publication of the notice of such the election shall be
made on four two separate days prior to such the election in one or more
newspapers of general circulation in the subdivisions subdivision, and, if the board of elections operates and maintains a web site, notice of the election also shall be posted on that web site for thirty days prior to the election. Such The
bonds may be exchanged at their face value with creditors of the
subdivision in liquidating the indebtedness described and
enumerated in division (B)(2) of this section or may be sold as
provided in Chapter 133. of the Revised Code, and in either event
shall be uncontestable.
(H) The per cent of delinquent taxes and assessments
collected for and to the credit of the subdivision after the
exchange or sale of bonds as certified by the commissioner shall
be paid to the authority having charge of the sinking fund of the
subdivision, which money shall be placed in a separate fund for
the purpose of retiring the bonds so issued. The proper
authority of the subdivisions shall provide for the levying of a
tax sufficient in amount to pay the debt charges on all such
bonds issued under this section.
(I) This section is for the sole purpose of assisting the
various subdivisions in paying their unsecured indebtedness, and
providing funds for disability financial assistance and disability medical assistance. The bonds issued under authority
of this section shall not be
used for any other purpose, and any exchange for other purposes,
or the use of the money derived from the sale of such the bonds by
the subdivision for any other purpose, is misapplication of
funds.
(J) The bonds authorized by this section shall be
redeemable or payable in not to exceed ten years from date of
issue and shall not be subject to or considered in calculating
the net indebtedness of the subdivision. The budget commission
of the county in which the subdivision is located shall annually
allocate such portion of the then delinquent levy due such the
subdivision which is unpledged for other purposes to the payment
of debt charges on the bonds issued under authority of this
section.
(K) The issue of bonds under this section shall be
governed by Chapter 133. of the Revised Code, respecting the
terms used, forms, manner of sale, and redemption except as
otherwise provided in this section.
The board of county commissioners of any county may issue
bonds authorized by this section and distribute the proceeds of
such the bond issues to any or all of the cities and townships of
such counties the county, according to their relative needs for disability
financial assistance and disability medical assistance as determined by such the county.
All sections of the Revised Code inconsistent with or
prohibiting the exercise of the authority conferred by this
section are inoperative respecting bonds issued under this
section.
Sec. 145.38. (A) As used in this section and sections 145.381 and
145.384 of the Revised Code:
(1)
"PERS retirant" means a former member of the public
employees retirement system who is receiving one of the
following:
(a) Age and service retirement benefits under section
145.32, 145.33, 145.331, 145.34, or 145.46 of the Revised Code;
(b) Age and service retirement benefits paid by the public
employees retirement system under section 145.37 of the Revised
Code;
(c) Any benefit paid
under
a
PERS defined
contribution
plan.
(2)
"Other system retirant" means both of the following:
(a) A member or former member of the Ohio police and
fire
pension fund, state teachers retirement system,
school employees
retirement system, state highway patrol
retirement system, or
Cincinnati retirement system who is
receiving age and service or
commuted age and service retirement
benefits or a disability
benefit from a system of which the
person is a member or former
member;
(b) A member or former member of the public employees
retirement system who is receiving age and service retirement
benefits or a disability benefit under section 145.37 of the
Revised Code paid by the school employees retirement system or
the
state teachers retirement system.
(B)(1) Subject to this section and section 145.381 of the Revised Code, a PERS retirant or other
system retirant may be employed by a public employer. If so
employed, the PERS retirant or other system retirant shall
contribute to the public employees retirement system in
accordance
with section 145.47 of the Revised Code, and the
employer shall
make contributions in accordance with section
145.48 of the
Revised Code.
(2) A public employer that employs a PERS retirant or
other
system retirant, or enters into a contract for services as
an
independent contractor with a PERS retirant,
shall notify the
retirement board of the employment or contract not
later than the
end of the month in which the employment or contract
commences.
Any overpayment of benefits to a PERS retirant by the
retirement
system resulting from delay or failure of the employer
to give the
notice shall be repaid to the retirement system by
the employer.
(3) On receipt of notice from a public employer that a
person who is an other system retirant has been employed, the
retirement system shall notify the retirement system of which the
other system retirant was a member of such employment.
(4)(a) A PERS retirant who has received a retirement
allowance for less than two months when employment subject to
this
section commences shall forfeit the retirement allowance for
any
month the PERS retirant is employed prior to the
expiration of the
two-month period. Service and contributions for
that period shall
not be included in calculation of any benefits
payable to the PERS
retirant, and those contributions shall be
refunded on the
retirant's death or termination of the
employment.
(b) An other system retirant who has received a retirement
allowance or disability benefit for less than two
months when
employment subject to this section commences shall
forfeit the
retirement allowance or disability benefit for any month
the
other
system retirant is employed prior to the expiration of the
two-month period. Service
and contributions for that period
shall
not be included in the
calculation of any benefits payable
to the
other system retirant,
and those contributions shall be
refunded on
the retirant's
death or termination of the employment.
(c) Contributions made on compensation earned after the
expiration of the two-month period shall be used in the
calculation of the
benefit or payment due under section 145.384 of
the Revised Code.
(5) On receipt of notice from the Ohio police and
fire
pension fund, school employees retirement
system,
or state
teachers retirement system of the re-employment of a
PERS
retirant, the public employees retirement system shall not pay,
or
if paid, shall recover, the amount to be forfeited by the PERS
retirant in accordance with section 742.26, 3307.35,
or 3309.341
of the Revised Code.
(6) A PERS retirant who enters into a contract to provide
services as an independent contractor to the employer by which
the
retirant was employed at the time of retirement or, less
than two
months after the retirement allowance commences, begins
providing
services as an independent contractor pursuant to a contract with
another public employer, shall forfeit the pension portion of
the
retirement benefit for the period beginning the first day of the
month following the month in which the services begin and ending
on the first day of the month following the month in which the
services end. The annuity portion of the retirement allowance
shall be suspended on the day services under the contract begin
and shall accumulate to the credit of the retirant to be paid in
a
single payment after services provided under the contract
terminate. A PERS retirant subject to division (B)(6) of this
section shall not contribute to the retirement system and shall
not become a member of the system.
(7) As used in this division,
"employment" includes service
for which a
PERS retirant or other system retirant, the retirant's
employer, or
both, have waived any earnable salary for the
service.
(C)(1) Except as provided in division (C)(3) of this
section, this division applies to both of the following:
(a) A PERS retirant who, prior to September 14, 2000,
was
subject to division (C)(1)(b) of this
section as that
division
existed immediately prior to September
14, 2000,
and
has not
elected
pursuant to Am. Sub. S.B. 144 of the 123rd general
assembly to
cease to be subject to
that division;
(b) A PERS retirant to whom both of the following apply:
(i) The retirant held elective office in this state, or in
any municipal corporation, county, or other political subdivision
of this
state at the time of retirement under this chapter.
(ii) The retirant was elected or appointed to the same
office for the remainder of the term or the term immediately
following the term during which the retirement occurred.
(2) A PERS retirant who is subject to this division is a
member of the public employees retirement system with all the
rights,
privileges, and obligations of membership, except that the
membership does
not include survivor benefits provided pursuant to
section 145.45 of the
Revised Code or, beginning on the ninetieth
day after September 14, 2000, any amount
calculated under section
145.401 of the Revised
Code. The pension portion of the PERS
retirant's retirement
allowance shall be forfeited until the first
day of the first month following
termination of the employment.
The annuity portion of the retirement
allowance shall accumulate
to the credit of the
PERS retirant to
be paid in a single payment
after termination of the employment.
The retirement allowance
shall resume on the first day of the
first month following
termination of the employment. On
termination of the employment,
the PERS retirant shall elect to
receive either a refund of the
retirant's contributions to
the retirement
system during the
period of employment subject to this section or
a supplemental
retirement allowance based on the retirant's
contributions and
service credit for that period of employment.
(3) This division does not apply to any of the following:
(a) A PERS retirant elected to office who, at the time of
the election for the retirant's current term, was not retired but,
not less than ninety days prior to the primary election for the term or the date on which a primary for the term would have been held,
filed a written declaration of intent to retire before the end of
the term with the director of the board of elections of the county in which
petitions for nomination or election to the office are filed;
(b) A PERS retirant elected to office who, at the time of
the election for the retirant's current term, was a retirant and
had been retired for not less than ninety days;
(c) A PERS retirant appointed to office who, at the time of
appointment to the retirant's current term, notified the person or
entity making the appointment that the retirant was already
retired or intended to retire before the end of the term.
(D)(1) Except as provided in division (C) of this
section,
a PERS
retirant or other system retirant subject to
this section
is not
a member of the public employees
retirement system, and,
except as
specified in this section does not
have any of the
rights,
privileges, or
obligations of membership. Except as
specified in
division
(D)(2) of this
section, the retirant is not
eligible to
receive health, medical,
hospital, or surgical
benefits under
section 145.58 of the Revised Code for employment
subject to this
section.
(2) A PERS retirant subject to this
section shall receive
primary health, medical,
hospital, or surgical insurance coverage
from the retirant's employer, if the
employer provides coverage to
other employees performing
comparable work. Neither the employer
nor the PERS retirant may
waive the employer's coverage, except
that the PERS retirant may
waive the employer's coverage if the
retirant has coverage comparable to
that provided by the employer
from a source other than the
employer or the public employees
retirement system. If a claim
is made, the employer's coverage
shall be the primary coverage
and shall pay first. The benefits
provided under section 145.58
of the Revised Code shall pay only
those medical expenses not
paid through the employer's coverage or
coverage the PERS
retirant receives through a source other than
the retirement
system.
(E) If the disability benefit of an other system retirant
employed under this section is terminated, the retirant shall
become a member of the public employees retirement system,
effective on
the first day of the month next following the
termination with
all the rights, privileges, and obligations of
membership. If
such person, after the termination of the
disability benefit,
earns two years of service credit under this
system or under the
Ohio police and fire
pension fund, state
teachers
retirement system, school employees retirement system, or
state
highway patrol retirement system, the person's prior
contributions as an
other system retirant under this section shall
be included in the person's
total service credit as a public
employees retirement system
member, and the person shall forfeit
all rights and benefits of this
section. Not more than one year
of credit may be given for any
period of twelve months.
(F) This section does not affect the receipt of benefits
by
or
eligibility for benefits of any person who on August 20,
1976,
was
receiving a disability benefit or service retirement
pension
or
allowance from a state or municipal retirement system
in Ohio
and
was a member of any other state or municipal
retirement system
of
this state.
(G) The public employees retirement board may adopt rules
to
carry out this section.
Sec. 303.12. (A)(1) Amendments to the zoning resolution may
be
initiated by motion of the county rural zoning commission, by
the
passage of a resolution
by the board of county
commissioners, or
by the filing of an application
by one
or more of the owners or
lessees of property within the area
proposed to be changed or
affected by the proposed amendment with
the county rural zoning
commission. The board of county
commissioners may require that
the owner or lessee of property
filing an application to amend the
zoning resolution pay a fee
to defray the cost of advertising,
mailing, filing with
the county recorder, and other expenses. If
the board of county
commissioners requires such a fee, it shall be
required
generally,
for each application. The board of county
commissioners shall,
upon the passage of such a resolution, shall certify
it
to the county rural
zoning commission.
(2) Upon the adoption of such a motion by the county rural zoning commission,
the certification of
such a
resolution by the board of county commissioners to the commission, or the filing of such an application by property owners or lessees as described in division (A)(1) of this section with the commission, the county
rural
zoning commission shall set a date for a public hearing, which
date shall not be less than twenty nor more than
forty days from
the date of adoption of such a motion, the date
of
the certification
of such a resolution, or the date of the filing
of
such an application.
Notice of such the hearing shall be given by
the
county rural zoning
commission by one publication in one or
more
newspapers of general
circulation in each township affected
by
such the proposed amendment
at least ten days before the date of
such the
hearing.
(B) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land, as listed on the county
auditor's current tax list, written notice of the hearing shall
be
mailed by the county rural zoning commission, by first class mail, at least
ten
days before the date of the public hearing to all owners of
property within and contiguous to and directly across the street
from such the area proposed to be rezoned or redistricted to the
addresses of such those owners appearing on the county auditor's
current
tax list. The failure of delivery of such that notice shall
not
invalidate any such amendment.
(C) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land as listed on the county
auditor's current tax list, the published and mailed notices
shall
set forth the time, date, and place of the public hearing,
and
shall include all of the following:
(1) The name of the county rural zoning commission that will be
conducting the public hearing;
(2) A statement indicating that the motion, resolution, or
application is an amendment to the zoning resolution;
(3) A list of the addresses of all properties to be
rezoned
or redistricted by the proposed amendment and of the
names of
owners of these properties, as they appear on the county
auditor's
current tax list;
(4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
such that property;
(5) The time and place where the motion, resolution, or
application proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the public hearing;
(6) The name of the person responsible for giving notice
of
the public hearing by publication or, by mail, or by both
publication and mail;
(7) Any other information requested by the zoning
commission;
(8) A statement that, after the conclusion of such the hearing,
the matter will be submitted to the board of county commissioners
for its action;
(8) Any other information requested by the commission.
(D) If the proposed amendment alters the text of the
zoning
resolution, or rezones or redistricts more than ten
parcels of
land, as listed on the county auditor's current tax
list, the
published notice shall set forth the time, date, and
place of the
public hearing, and shall include all of the
following:
(1) The name of the county rural zoning commission that will be
conducting the public hearing on the proposed amendment;
(2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution;
(3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the public hearing;
(4) The name of the person responsible for giving notice
of
the public hearing by publication;
(5) A statement that, after the conclusion of such the hearing,
the matter will be submitted to the board of county commissioners
for its action;
(6) Any other information requested by the zoning
commission.
Hearings shall be held in the county court house or in a
public place designated by the zoning commission.
(E) Within five days after the adoption of such the motion described in division (A) of this section,
the
certification of such the resolution described in division (A) of this section, or the filing of such the
application described in division (A) of this section, the county rural zoning commission shall transmit a
copy
of it together with text and map pertaining
to it to the
county or regional planning commission, if there is
such a
commission.
The county or regional planning commission shall recommend
the approval or denial of the proposed amendment or the approval
of some modification
of it and shall submit such its
recommendation
to the county rural zoning commission. Such The
recommendation shall
be considered at the public hearing held by
the county rural
zoning commission on such the proposed amendment.
The county rural zoning commission, within thirty
days after
such the hearing, shall recommend the approval or denial of the
proposed amendment, or the approval of some modification
of it,
and shall submit such that recommendation together with such the motion,
application, or resolution involved, the text and map pertaining
to
it the proposed amendment,
and
the recommendation of the county or regional planning
commission
on it to the board of county commissioners.
The board of county commissioners, upon receipt of
such that
recommendation, shall set a time for a public hearing on such the
proposed amendment, which date shall be not more than thirty days
from the date of the receipt of such that recommendation from the
county rural zoning commission. Notice of such public the hearing
shall be given by the board by one publication in one or more
newspapers of general circulation in the county, at least ten
days
before the date of such the hearing.
(F) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land as listed on the county
auditor's current tax list, the published notice shall set forth
the time, date, and place of the public hearing and shall include
all of the following:
(1) The name of the board of county commissioners that will be conducting the
public
hearing;
(2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution;
(3) A list of the addresses of all properties to be
rezoned
or redistricted by the proposed amendment and of the
names of
owners of these those properties, as they appear on the county
auditor's
current tax list;
(4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
such that property;
(5) The time and place where the motion, application, or
resolution proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the public hearing;
(6) The name of the person responsible for giving notice
of
the public hearing by publication or, by mail, or by both
publication and mail;
(7) Any other information requested by the board.
(G) If the proposed amendment alters the text of the
zoning
resolution, or rezones or redistricts more than ten
parcels of
land as listed on the county auditor's current tax
list, the
published notice shall set forth the time, date, and
place of the
public hearing, and shall include all of the
following:
(1) The name of the board of county commissioners that will be conducting the
public
hearing on the proposed amendment;
(2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution;
(3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the public hearing;
(4) The name of the person responsible for giving notice
of
the public hearing by publication;
(5) Any other information requested by the board.
(H) Within twenty days after such its public hearing, the board of county commissioners
shall either adopt or deny the recommendation of the county rural zoning
commission or adopt some modification
of it.
If the
board denies
or modifies the commission's recommendation of the county
rural
zoning
commission, the unanimous vote of the board shall be
required.
Such The proposed amendment, if adopted by the board, shall become effective
in
thirty days after the date of such its adoption, unless, within
thirty
days after the adoption of the amendment, there is
presented to
the
board of county commissioners a petition, signed
by a number
of
qualified voters residing in the unincorporated
area of the
township or part of that unincorporated area
included in the
zoning plan
equal to not less than eight per cent of the total
vote cast for
all candidates for governor in such that area at the most
recent
general election at which a governor was elected,
requesting the
board to submit the amendment to the electors of
such that area, for
approval or rejection, at a special election to be
held on the
day of the next primary or general election. Each
part of this
petition shall contain the number and the full and
correct title,
if any, of the zoning amendment resolution, motion,
or
application, furnishing the name by which the amendment
proposal
is known and a brief summary of its contents. In
addition to
meeting the requirements of this section, each
petition shall be
governed by the rules specified in section
3501.38 of the Revised
Code.
The form of a petition calling for a zoning referendum and
the statement of the circulator shall be substantially as
follows:
"PETITION FOR ZONING REFERENDUM(if the proposal is identified by a particular name or number, or
both, these should be inserted here) ........................
A proposal to amend the zoning map of the unincorporated
area
of .............. Township, ................... County,
Ohio,
adopted ....... (date) .......... (followed by brief
summary of
the proposal).
To the Board of County Commissioners of ..................
County, Ohio:
We, the undersigned, being electors residing in the
unincorporated area of ............... Township, included within
the ................. County Zoning Plan, equal to not less than
eight per cent of the total vote cast for all candidates for
governor in the area at the preceding general election at which a
governor was elected, request the Board of County Commissioners
to
submit this amendment of the zoning resolution to the electors
of
............. Township residing within the unincorporated area
of
the township included in the ............... County Zoning
Resolution, for approval or rejection at a special election to be
held on the day of the next primary or general election to be
held
on ........(date)......., pursuant to section 303.12 of
the
Revised Code.
|
Street Address |
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|
|
Date of |
Signature |
or R.F.D. |
Township |
Precinct |
County |
Signing |
..............................................................
..............................................................
STATEMENT OF CIRCULATORI, .....................(name of circulator)...................,
declare under penalty of election falsification
that
I am an
elector of the state of Ohio and
reside
at
the
address
appearing
below
my signature;
that
I
am the circulator
of the foregoing
part
petition containing
.....(number).......
signatures; that
I
have witnessed the
affixing of
every signature;
that all
signers
were to the best of
my knowledge
and belief
qualified to sign;
and that every
signature is to the best of
my
knowledge and
belief the
signature of the person
whose signature
it purports to
be or of an attorney in fact acting pursuant to section 3501.382 of the Revised Code.
|
................................ |
|
(Signature of circulator) |
|
................................ |
|
(Address of circulator's permanent |
|
residence in this state) |
|
................................ |
|
(City, village, or township,
|
|
and zip code) |
WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY
OF THE FIFTH
DEGREE."
No amendment for which such a referendum vote has been
requested shall be put into effect unless a majority of the vote
cast on the issue is in favor of the amendment. Upon
certification by the board of elections that the amendment has
been approved by the voters, it shall take immediate effect.
Within five working days after an amendment's effective
date,
the board of county commissioners shall file the text and
maps of
the amendment in the office of the county recorder and
with the
regional or county planning commission, if one exists.
The board shall file all amendments, including text and
maps,
that are in effect on January 1, 1992, in the office of the
county
recorder within thirty working days after that date. The
board
shall also file duplicates of the same documents with the
regional
or county planning commission, if one exists, within the
same
period.
The failure to file any amendment, or any text and maps, or
duplicates of any of these documents, with the office of the
county recorder or the county or regional planning commission as
required by this section does not invalidate the amendment and is
not grounds for an appeal of any decision of the board of zoning
appeals.
Sec. 306.70. A tax proposed to be levied by a board of
county commissioners or by the board of trustees of a regional
transit authority pursuant to sections 5739.023 and 5741.022 of
the Revised Code shall not become effective until it is submitted
to the electors residing within the county or within the
territorial boundaries of the regional transit authority and
approved by a majority of the electors voting thereon on it. Such
question shall be submitted at a general election or at a special
election on a day specified in the resolution levying the tax and
occurring not less than seventy-five days after such resolution
is
certified to the board of elections, in accordance with
section
3505.071 of the Revised Code.
The board of elections of the county or of each county in
which any territory of the regional transit authority is located
shall make the necessary arrangements for the submission of such
question to the electors of the county or regional transit
authority, and the election shall be held, canvassed, and
certified in the same manner as regular elections for the
election
of county officers. Notice of the election shall be
published in
one or more newspapers which in the aggregate are of
general
circulation in the territory of the county or of the
regional
transit authority once a week for four two consecutive weeks
prior to
the election stating and, if the board of elections operates and maintains a web site, notice of the election also shall be posted on that web site for thirty days prior to the election. The notice shall state the type, rate, and purpose of the
tax to be
levied, the length of time during which the tax will be
in effect,
and the time and place of the election.
More than one such question may be submitted at the same
election. The form of the ballots cast at such
election shall
be:
"Shall a(n) ................ (sales and use) .............
tax be levied for all transit purposes of the ..................
(here insert name of the county or regional transit authority) at
a rate not exceeding ................... (here insert percentage)
per cent for ................ (here insert number of years the
tax
is to be in effect, or that it is to be in effect for a
continuing
period of time)?"
If the tax proposed to be levied is a continuation of an
existing tax, whether at the same rate or at an increased or
reduced rate, or an increase in the rate of an existing tax, the
notice and ballot form shall so state.
The board of elections to which the resolution was
certified
shall certify the results of the election to the county
auditor of
the county or secretary-treasurer of the regional
transit
authority levying the tax and to the tax commissioner of
the
state.
Sec. 307.791. The question of repeal of a county sediment
control rule adopted under section 307.79 of the Revised Code may
be initiated by filing with the board of elections of the county
not less than seventy-five days before the general or primary
election in any year a petition requesting that an election be
held on such question. Such petition shall be signed by
qualified electors residing in the county equal in number to ten
per cent of those voting for governor at the most recent
gubernatorial election in the county.
After determination by it that such petition is valid, the
board of elections shall submit the question to the electors of
the county at the next general or primary election. The election
shall be conducted, canvassed, and certified in the same manner
as regular elections for county offices in the county. Notice of
the election shall be published in a newspaper of general
circulation in the county once a week for four two consecutive weeks
prior to the election, stating and, if the board of elections operates and maintains a web site, notice of the election also shall be posted on that web site for thirty days prior to the election. The notice shall state the purpose, the time, the and place
of the election, and the complete text of each rule sought to be
repealed. The form of the ballot cast at such election shall be
prescribed by the secretary of state. The question covered by
such petition shall be submitted as a separate proposition, but
it may be printed on the same ballot with any other proposition
submitted at the same election other than the election of
officers. If a majority of the qualified electors voting on the
question of repeal approve the repeal, the result of the election
shall be certified immediately after the canvass by the board of
elections to the board of county commissioners, who shall
thereupon rescind the rule.
Sec. 322.021. The question of a repeal of a county
permissive tax adopted as an emergency measure pursuant to division
(B) of section 322.02 of the Revised Code may be initiated by
filing
with the board of elections of the county not less than
seventy-five days before the general election in any year a
petition requesting that an election be held on such question.
Such petition shall be signed by qualified electors residing in
the county equal in number to ten per cent of those voting for
governor at the most recent gubernatorial election.
After determination by it that such petition is valid, the
board of elections shall submit the question to the electors of
the county at the next general election. The election shall be
conducted, canvassed, and certified in the same manner as regular
elections for county offices in the county. Notice of the
election shall be published in a newspaper of general circulation
in the district once a week for four two consecutive weeks prior to
the election, stating and, if the board of elections operates and maintains a web site, notice of the election also shall be posted on that web site for thirty days prior to the election. The notice shall state the purpose, time, and place of the
election. The form of the ballot cast at such election shall be
prescribed by the secretary of state. The question covered by
such petition shall be submitted as a separate proposition, but
it may be printed on the same ballot with any other proposition
submitted at the same election other than the election of
officers. If a majority of the qualified electors voting on the
question of repeal approve the repeal, the result of the election
shall be certified immediately after the canvass by the board of
elections to the board of county commissioners, who shall thereupon, after
the current year, cease to levy the tax.
Sec. 324.021. The question of repeal of a county
permissive tax adopted as an emergency measure pursuant to
section 324.02 of the Revised Code may be initiated by filing
with the board of elections of the county not less than
seventy-five days before the general election in any year a
petition requesting that an election be held on such question.
Such petition shall be signed by qualified electors residing in
the county equal in number to ten per cent of those voting for
governor at the most recent gubernatorial election.
After determination by it that such petition is valid, the
board of elections shall submit the question to the electors of
the county at the next general election. The election shall be
conducted, canvassed, and certified in the same manner as regular
elections for county offices in the county. Notice of the
election shall be published in a newspaper of general circulation
in the district once a week for four two consecutive weeks prior to
the election, stating and, if the board of elections operates and maintains a web site, notice of the election also shall be posted on that web site for thirty days prior to the election. The notice shall state the purpose, the time, and the place of the
election. The form of the ballot cast at such election shall be
prescribed by the secretary of state. The question covered by
such petition shall be submitted as a separate proposition, but
it may be printed on the same ballot with any other proposition
submitted at the same election other than the election of
officers. If a majority of the qualified electors voting on the
question of repeal approve the repeal, the result of the election
shall be certified immediately after the canvass by the board of
elections to the board of county commissioners, who shall thereupon, after
the current year, cease to levy the tax.
Sec. 503.162. (A) After certification of a resolution as
provided in section 503.161
of the Revised Code, the board of
elections shall submit the
question of whether the township's name
shall be changed to the electors of
the unincorporated area of the
township in accordance with division
(C) of that section, and the
ballot language shall be substantially
as follows:
"Shall the township of .......... (name) change its name to
........
(proposed name)?
.......... For name change
.......... Against name change"
(B)(1) At least forty-five days before the election on this
question, the board of township trustees shall provide notice of
the election
and an explanation of the proposed name change in a
newspaper of general
circulation in the township once a week for three two
consecutive weeks and shall post the
notice and explanation in
five conspicuous places in the unincorporated area
of the
township.
(2) If the board of elections operates and maintains a web site, notice of the election and an explanation of the proposed name change shall be posted on that web site for at least thirty days before the election on this question.
(C) If a majority of the votes cast on the proposition of
changing the township's name is in the affirmative, the name
change is adopted
and becomes effective ninety days after the
board of elections certifies the
election results to the
fiscal officer of
the township. Upon receipt of the
certification
of the election
results from the board of elections, the
fiscal officer of the township
shall send a copy of that
certification to the secretary of
state.
(D) A change in the name of a township shall not alter the
rights
or liabilities of the township as previously named.
Sec. 504.02. (A) After certification of a resolution as
provided in division (A), (B), or (D) of
section 504.01 of
the Revised Code, the board of
elections shall submit the question of whether to adopt a
limited home rule government to
the electors of the unincorporated area of the township, and the
ballot language shall be substantially as follows:
"Shall the township of ........... (name) adopt a limited
home rule government, under which government the board
of township trustees, by resolution, may exercise limited
powers of local self-government and limited police powers?
...... |
|
For adoption of a limited home rule government |
...... |
|
Against adoption of a limited home rule
government" |
(B)(1) At least forty-five days before the election on this
question, the board of township trustees shall have notice of the
election and a description of the proposed limited
home rule government published in a
newspaper of general circulation in the township once a week for three two consecutive weeks
and have the notice and description posted in five conspicuous
places in the unincorporated area of the township.
(2) If a board of elections operates and maintains a web site, notice of the election and a description of the proposed limited home rule government shall be posted on that web site for at least thirty days before the election on this question.
(C) If a majority of the votes cast on the proposition of
adopting a limited
home rule government is in the affirmative,
that government is adopted and becomes the government of
the
township on the first day of January
immediately following the election.
Sec. 504.03. (A)(1) If a limited home rule government is
adopted
pursuant to section
504.02 of
the Revised Code, it shall
remain in effect for at least three
years except as otherwise
provided in division (B) of this
section. At the end of that
period, if the board of township
trustees determines that that
government is not in
the
best interests of the township, it may
adopt a resolution causing
the board of elections to submit to the
electors of the
unincorporated area of the township the question
of whether the
township should continue the limited home rule
government. The question
shall be voted upon at
the
next general
election occurring at least seventy-five days after
the
certification of the resolution to the board of elections. After
certification of the resolution, the board of
elections
shall
submit the question to the electors of the unincorporated
area of
the township, and the ballot language shall be
substantially as
follows:
"Shall the township of ........... (name) continue the
limited home rule government under which it is operating?
...... |
|
For continuation of the limited
home rule government |
...... |
|
Against continuation of the limited home rule government" |
(2)(a) At least forty-five days before the election on the
question of continuing the limited home
rule government, the board
of township trustees shall have notice of
the election published in a newspaper of general circulation in
the township once a week for three two
consecutive weeks and have the notice
posted in five conspicuous
places in the unincorporated area of
the township.
(b) If a board of elections operates and maintains a web site, notice of the election shall be posted on that web site for at least thirty days before the election on the question of continuing the limited home rule government.
(B) The electors of a township that has adopted a
limited
home rule government may propose at any time by initiative
petition, in accordance
with section 504.14
of the Revised Code, a
resolution submitting to the electors in
the unincorporated area
of the township, in an election, the
question set forth in
division (A)(1) of this section.
(C) If a majority of the votes cast under division (A) or
(B) of this section on the proposition of continuing the limited
home rule government is in the
negative, that government is
terminated effective
on the first
day
of January immediately
following the election, and a
limited
home rule government shall
not be
adopted in the unincorporated area of the township pursuant
to section 504.02
of
the Revised Code for at least three years
after that date.
(D) If a limited
home rule government is terminated
under
this section, the board
of township trustees immediately
shall
adopt a resolution repealing
all resolutions adopted
pursuant to
this chapter that are not
authorized by any other
section of the
Revised Code outside this
chapter, effective on the
first day of
January immediately
following the election described
in division
(A) or (B) of this
section. However, no resolution
adopted under
this division shall affect or
impair the obligations
of the
township under any security issued or contracts
entered
into by
the township in connection with the financing of any water
supply
facility or sewer improvement under sections 504.18 to
504.20 of
the Revised Code or the authority of the township to
collect or
enforce any assessments or other revenues constituting
security
for or source of payments of debt service charges of
those
securities.
(E) Upon the termination of a limited home rule government
under this section, if the township had converted its board of
township trustees to a five-member board before the effective date of this amendment September 26, 2003, the current board member who received the lowest
number of votes of the current board members who were elected at
the most recent election for township trustees, and the current
board member who received the lowest number of votes of the
current board members who were elected at the second most recent
election for township trustees, shall cease to be township
trustees on the date that the limited home rule government
terminates. Their offices likewise shall cease to exist at that
time, and the board shall continue as a three-member board as
provided in section 505.01 of the Revised Code.
Sec. 511.28. A copy of any resolution for a tax levy
adopted by the township board of park commissioners as provided
in section 511.27 of the Revised Code shall be certified by the
clerk of the board of park commissioners to the board of
elections of the proper county, together with a certified copy of
the resolution approving the levy, passed by the board of
township trustees if such a resolution is required by division
(C) of section 511.27 of the Revised Code, not less than
seventy-five days before a general or primary election in any
year. The board of elections shall submit the proposal to the
electors as provided in section 511.27 of the Revised Code at the
succeeding general or primary election. A resolution to renew an
existing levy may not be placed on the ballot unless the question
is submitted at the general election held during the last year
the tax to be renewed may be extended on the real and public
utility property tax list and duplicate, or at any election held
in the ensuing year. The board of park commissioners shall cause
notice that the vote will be taken to be published once a week
for four two consecutive weeks prior to the election in a newspaper
of general circulation in the county within which the park
district is located. Additionally, if the board of elections operates and maintains a web site, the board of elections shall post that notice on its web site for thirty days prior to the election. The notice shall state the purpose of the
proposed levy, the annual rate proposed expressed in dollars and
cents for each one hundred dollars of valuation as well as in
mills for each one dollar of valuation, the number of consecutive
years during which the levy shall be in effect, and the time and
place of the election.
The form of the ballots cast at the election shall be: "An
additional tax for the benefit of (name of township park
district) .......... for the purpose of (purpose stated in the
order of the board) .......... at a rate not exceeding ..........
mills for each one dollar of valuation, which amounts to (rate
expressed in dollars and cents) .......... for each one hundred
dollars of valuation, for (number of years the levy is to run)
..........
|
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FOR THE TAX LEVY |
|
|
|
AGAINST THE TAX LEVY |
" |
If the levy submitted is a proposal to renew, increase, or
decrease an existing levy, the form of the ballot specified in
this section may be changed by substituting for the words "An
additional" at the beginning of the form, the words "A renewal of
a" in the case of a proposal to renew an existing levy in the
same amount; the words "A renewal of .......... mills and an
increase of .......... mills to constitute a" in the case of an
increase; or the words "A renewal of part of an existing levy,
being a reduction of .......... mills, to constitute a" in the
case of a decrease in the rate of the existing levy.
If the tax is to be placed on the current tax list, the form of the
ballot shall be modified by adding, after the statement of the number of years
the levy is to run, the phrase ", commencing in
.......... (first
year the tax
is to be levied), first due in calendar year .......... (first
calendar year in which the tax shall be due)."
The question covered by the order shall be submitted as a
separate proposition, but may be printed on the same ballot with
any other proposition submitted at the same election, other than
the election of officers. More than one such question may be
submitted at the same election.
Sec. 511.34. In townships composed of islands, and on one of which islands
lands have been conveyed in trust for the benefit of the
inhabitants of the island
for use as a park, and a board of park trustees has been
provided for the
control of the park, the board of township trustees may
create a tax district
of the island to
raise funds by taxation as provided under
divisions (A) and (B) of this section.
(A) For the care and
maintenance of parks on the
island, the board of
township trustees annually may levy a tax,
not to exceed one mill, upon all the taxable property in
the district. The
tax shall be in addition to all other levies authorized by law, and subject to
no limitation on tax rates except as provided in this
division.
The proceeds of the tax levy shall be expended by the board
of township
trustees for the purpose of the care and
maintenance of the parks, and shall be paid out of the township
treasury upon the orders of the board of park trustees.
(B) For the purpose of acquiring additional land for use as a
park, the board of township trustees may levy a tax in excess of
the ten-mill limitation on all taxable property in the district.
The tax shall be proposed by resolution adopted by two-thirds
of the members of the board of township trustees. The
resolution shall specify the purpose and rate of the tax and the
number of years the tax will be levied, which shall not exceed
five years, and which may include a levy on the current tax list
and duplicate. The resolution shall go into immediate effect
upon its passage, and no publication of the resolution is
necessary other than that provided for in the notice of
election. The board of township trustees shall certify a copy
of the resolution to the proper board of elections not
later than seventy-five days before the primary or general
election in the township, and the board of elections shall
submit the question of the tax to the voters of the district at
the succeeding primary or general election. The board of
elections shall make the necessary arrangements for the
submission of the question to the electors of the district, and
the election shall be conducted, canvassed, and certified in
the same manner as regular elections in the township for the
election of officers. Notice of the election shall be published
in a newspaper of general circulation in the township once a
week for four two consecutive weeks prior to the election, stating and, if the board of elections operates and maintains a web site, notice of the election also shall be posted on that web site for thirty days prior to the election. The notice shall state the purpose of the tax, the proposed rate of the tax, expressed
in dollars and cents for each one hundred dollars of valuation
and mills for each one dollar of valuation, the number of years
the tax will be in effect and, the first year the tax will be levied, and the
time and place of the
election.
The form of the ballots cast at an election held under
this division shall be as follows:
"An additional tax for the benefit of ......... (name of
the township) for the purpose of acquiring additional park land at a
rate of ......... mills for each one dollar of valuation, which
amounts to ........ (rate expressed in dollars and cents) for
each one hundred dollars of valuation, for ......... (number of
years the levy is to run) beginning in ........... (first year the tax will
be levied).
|
|
FOR THE TAX LEVY |
|
|
|
AGAINST THE TAX LEVY |
" |
The question shall be submitted as a separate proposition
but may be printed on the same ballot with any other proposition
submitted at the same election other than the election of
officers. More than one such question may be submitted at the
same election.
If the levy is approved by a majority of electors voting
on the question, the board of elections shall certify the result
of the election to the tax commissioner. In the first year of
the levy, the tax shall be extended on the tax lists after the
February settlement following
the election. If the tax is to be placed on the tax lists of
the current year as specified in the resolution, the board of
elections shall certify the result of the election immediately
after the canvass to the board of township trustees, which shall forthwith
make the necessary levy and certify the levy to the county
auditor, who shall extend the levy on the tax lists for
collection. After the first year of the levy, the levy shall be
included in the annual tax budget that is certified to the
county budget commission.
Sec. 513.14. The board of elections shall advertise the proposed tax levy
question mentioned in section 513.13 of the Revised Code, in two newspapers of
opposite political faith, if two such newspapers are published in the joint
township hospital district, or otherwise, in one newspaper, published or of
general circulation in the proposed township hospital district, once a week for
three two consecutive weeks immediately preceding such prior to the election and, if the board operates and maintains a web site, the board also shall advertise that proposed tax levy question on its web site for thirty days prior to the election.
Sec. 519.12. (A)(1) Amendments to the zoning resolution may
be
initiated by motion of the township zoning commission, by the
passage of a resolution
by the board of township
trustees, or by
the filing of an application
by one or
more of the owners or
lessees of property within the area
proposed
to be changed or
affected by the proposed amendment with
the
township zoning
commission. The board of township trustees
may
require that the
owner or lessee of property filing an
application
to amend the
zoning resolution pay a fee
to
defray the
cost of advertising,
mailing, filing with the county
recorder, and
other expenses. If
the board of township trustees requires
such a fee, it
shall be required
generally, for each application.
The board of
township trustees, upon the passage of such a
resolution, shall
certify it to the
township zoning commission.
(2) Upon the adoption of a motion by the township zoning commission,
the certification of
a
resolution by the board of township trustees to the commission, or the filing of an application by property owners or lessees as described in division (A)(1) of this section with the commission, the
commission shall set a date for a public hearing,
which date shall
not be less than twenty nor more than forty days
from the date of
the certification of such a resolution, the date
of adoption of such
a motion, or the date of the filing of such an
application. Notice of
the hearing shall be given by the
commission by
one publication in one or more
newspapers of general circulation
in the township at least ten
days before the date of the hearing.
(B) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land, as listed on the county
auditor's current tax list, written notice of the hearing shall
be
mailed by the township zoning commission, by first class mail, at least
ten
days before the date of the public hearing to all owners of
property within and contiguous to and directly across the street
from the area proposed to be rezoned or redistricted to the
addresses of those owners appearing on the county auditor's
current
tax list. The failure of delivery of that notice shall
not
invalidate any such amendment.
(C) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land as listed on the county
auditor's current tax list, the published and mailed notices
shall
set forth the time, date, and place of the public hearing
and
include all of the following:
(1) The name of the township zoning commission that will be
conducting the hearing;
(2) A statement indicating that the motion, resolution, or
application is an amendment to the zoning resolution;
(3) A list of the addresses of all properties to be
rezoned
or redistricted by the proposed amendment and of the
names of
owners of those properties, as they appear on the county
auditor's
current tax list;
(4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
that property;
(5) The time and place where the motion, resolution, or
application proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the hearing;
(6) The name of the person responsible for giving notice
of
the hearing by publication, by mail, or by both
publication and mail;
(7) Any other information requested by the
commission;
(8) A statement that, after the conclusion of the hearing,
the matter will be submitted to the board of township trustees
for
its action;
(8) Any other information requested by the commission.
(D) If the proposed amendment alters the text of the
zoning
resolution, or rezones or redistricts more than ten
parcels of
land as listed on the county auditor's current tax
list, the
published notice shall set forth the time, date, and
place of the
public hearing and include all of the
following:
(1) The name of the township zoning commission that will be
conducting the hearing on the proposed amendment;
(2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution;
(3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the hearing;
(4) The name of the person responsible for giving notice
of
the hearing by publication;
(5) A statement that, after the conclusion of the hearing,
the matter will be submitted to the board of township trustees
for
its action;
(6) Any other information requested by the
commission.
(E) Within five days after the adoption of the motion described in division (A) of this section,
the
certification of the resolution described in division (A) of this section, or the filing of the
application described in division (A) of this section, the township zoning commission shall transmit a copy
of it together with text and map pertaining
to it
to the
county
or regional planning commission, if there is such a
commission.
The county or regional planning commission shall recommend
the approval or denial of the proposed amendment or the approval
of some modification
of it and shall submit its
recommendation
to the township zoning commission. The
recommendation shall be
considered at the public hearing held by
the township zoning
commission on the proposed amendment.
The township zoning commission, within thirty days
after the hearing, shall recommend the approval or denial of the
proposed amendment, or the approval of some modification
of it,
and submit that recommendation together with the motion,
application, or
resolution involved, the text and map pertaining
to
the proposed amendment, and the
recommendation of the county or regional planning
commission
on
it to the board of township trustees.
The board of township trustees, upon receipt of that
recommendation, shall set a time for a public hearing on the proposed
amendment, which date shall not be more than thirty days from the
date of the receipt of that recommendation. Notice of the hearing shall be given
by the board by one publication in one or more newspapers of
general circulation in the township, at least ten days before the
date of the hearing.
(F) If the proposed amendment intends to rezone or
redistrict ten or fewer parcels of land as listed on the county
auditor's current tax list, the published notice shall set forth
the time, date, and place of the public hearing and include
all of the following:
(1) The name of the board of township trustees that will be conducting the
hearing;
(2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution;
(3) A list of the addresses of all properties to be
rezoned
or redistricted by the proposed amendment and of the
names of
owners of those properties, as they appear on the county
auditor's
current tax list;
(4) The present zoning classification of property named in
the proposed amendment and the proposed zoning classification of
that property;
(5) The time and place where the motion, application, or
resolution proposing to amend the zoning resolution will be
available for examination for a period of at least ten days prior
to the hearing;
(6) The name of the person responsible for giving notice
of
the hearing by publication, by mail, or by both
publication and mail;
(7) Any other information requested by the board.
(G) If the proposed amendment alters the text of the
zoning
resolution, or rezones or redistricts more than ten
parcels of
land as listed on the county auditor's current tax
list, the
published notice shall set forth the time, date, and
place of the
public hearing and include all of the
following:
(1) The name of the board of township trustees that will be conducting the
hearing on the proposed amendment;
(2) A statement indicating that the motion, application,
or
resolution is an amendment to the zoning resolution;
(3) The time and place where the text and maps of the
proposed amendment will be available for examination for a period
of at least ten days prior to the hearing;
(4) The name of the person responsible for giving notice
of
the hearing by publication;
(5) Any other information requested by the board.
(H) Within twenty days after its public hearing, the board of township trustees
shall either adopt or deny the recommendations of the township zoning
commission or adopt some modification
of them.
If the
board
denies or modifies the commission's recommendations, the unanimous vote of the board shall
be
required.
The proposed amendment, if adopted by the board, shall become effective
in
thirty days after the date of its adoption, unless, within
thirty
days after the adoption, there is
presented to
the
board of township trustees a petition, signed by
a number of
registered electors residing in the unincorporated
area of the
township or part
of that unincorporated area included in
the
zoning plan
equal to not
less than eight per cent of the total
vote cast for
all candidates
for governor in that area at the most
recent
general election at
which a governor was elected,
requesting the
board of township
trustees to submit the amendment
to the
electors of that area for
approval or rejection at a
special
election to be held on the day
of the next primary or
general
election that occurs at least seventy-five days after the petition is filed. Each part of this
petition shall contain the
number
and the full and correct title,
if any, of the zoning
amendment
resolution, motion, or
application, furnishing the name
by which
the amendment is known
and a brief summary of its
contents. In
addition to meeting the
requirements of this
section, each
petition shall be governed by
the rules specified in
section
3501.38 of the Revised Code.
The form of a petition calling for a zoning referendum and
the statement of the circulator shall be substantially as
follows:
"PETITION FOR ZONING REFERENDUM(if the proposal is identified by a particular name or number, or
both, these should be inserted here) .......................
A proposal to amend the zoning map of the unincorporated
area
of ............. Township, ................. County, Ohio,
adopted
.....(date)..... (followed by brief summary of the
proposal).
To the Board of Township Trustees of .....................
Township, ................. County, Ohio:
...................... County, Ohio:
We, the undersigned, being electors residing in the
unincorporated area of ....................... Township, included
within the ............. Township Zoning Plan, equal to not less
than eight per cent of the total vote cast for all candidates for
governor in the area at the preceding general election at which a
governor was elected, request the Board of Township Trustees to
submit this amendment of the zoning resolution to the electors of
........................ Township residing within the
unincorporated area of the township included in the
.................. Township Zoning Resolution, for approval or
rejection at a special election to be held on the day of the
primary or general election to be held on .....(date).....,
pursuant to section 519.12 of the Revised Code.
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Date of |
Signature |
or R.F.D. |
Township |
Precinct |
County |
Signing |
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STATEMENT OF CIRCULATORI, .............(name of circulator).........., declare
under
penalty of election falsification that
I am an
elector
of the
state of Ohio and
reside at the address appearing
below
my
signature; that
I am the circulator of
the
foregoing part
petition containing .......(number).......
signatures; that
I
have witnessed the affixing of every
signature; that all
signers
were
to the best of
my knowledge
and belief qualified to sign;
and
that every signature is to the
best of
my knowledge and
belief
the signature of the person
whose signature it purports to
be or of an attorney in fact acting pursuant to section 3501.382 of the Revised Code.
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(Address of circulator's permanent |
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residence in this state) |
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(City, village, or township,
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and zip code) |
WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY
OF THE FIFTH
DEGREE."
The petition shall be filed with the board of township trustees and shall be accompanied by an appropriate
map of the area affected by the zoning proposal. Within two weeks after receiving a petition filed under this section, the board
of
township trustees shall certify the petition
to the board of elections. A
petition filed under this section shall be certified to the board of elections not
less
than seventy-five days prior to the election at which the
question
is to be voted upon.
The board of elections shall determine the sufficiency and validity of each petition certified to it by a board of township trustees under this section. If the board of elections determines that a petition is sufficient and valid, the question shall be voted upon at a special election to be held on the day of the next primary or general election that occurs at least seventy-five days after the date the petition is filed with the board of township trustees, regardless of whether any election will be held to nominate or elect candidates on that day.
No amendment for which such a referendum vote has been
requested shall be put into effect unless a majority of the vote
cast on the issue is in favor of the amendment. Upon
certification by the board of elections that the amendment has
been approved by the voters, it shall take immediate effect.
Within five working days after an amendment's effective
date,
the board of township trustees shall file the text and maps
of the
amendment in the office of the county recorder and with
the
county or regional planning commission, if one exists.
The failure to file any amendment, or any text and maps, or
duplicates of any of these documents, with the office of the
county recorder or the county or regional planning commission as
required by this section does not invalidate the amendment and is
not grounds for an appeal of any decision of the board of zoning
appeals.
Sec. 745.07. An ordinance passed pursuant to section 745.06 of the Revised
Code, shall not take effect until submitted to the electors of the municipal
corporation, at a special or general election held therein in the municipal corporation at such time as the
legislative authority thereof determines, and approved by a majority of the
electors voting thereon on it. The ordinance shall be passed by an affirmative vote
of not less than a majority of the members of the legislative authority, and
shall be subject to the approval of the mayor as provided by law. The
ordinance shall specify the form or phrasing of the question to be placed upon
the ballot. Thirty days' notice of the election shall be given by publication
once a week for four two consecutive weeks in two daily or weekly newspapers
published or circulated in the municipal corporation, which and, if the board of elections operates and maintains a web site, notice of the election also shall be posted on that web site for thirty days prior to the election. The notice shall
contain the full form or phrasing of the question to be submitted. The clerk
of the legislative authority shall certify the passage of such the ordinance to
the officers having control of elections in such the municipal corporation, who
shall cause such the question to be voted on at the general or special election as
specified in the ordinance.
Sec. 747.11. The board of rapid transit commissioners may
grant to any corporation organized for street or interurban
railway purposes the right to operate, by lease or otherwise, the
depots, terminals, and railways mentioned in section 747.08 of
the Revised Code upon such terms as the board is authorized by
ordinance to agree upon with such corporation, subject to the
approval of a majority of the electors of the city voting
thereon on the question.
The board of rapid transit commissioners shall certify such
lease or agreement to the board of elections, which shall then
submit the question of the approval of such lease or agreement to
the qualified electors of the city at either a special or general
election as the ordinance specifies. Thirty days' notice of the
election shall be given by publication in one or more of the newspapers
published in the city, once a week for four two consecutive weeks
prior to the time of holding such the election, setting and, if the board of elections operates and maintains a web site, the board of elections shall post notice of the election for thirty days prior to the election on its web site. The notice shall set forth the
terms of the lease or agreement and the time of holding the
election. On the approval by a majority of the voters voting at
such the election, the corporation may operate such depots,
terminals, and railways as provided in the lease or agreement,
and corporations organized under the laws of this state for
street or interurban railway purposes may lease and operate such
depots, terminals, and railways.
Sec. 1901.07. (A) All municipal court judges shall be
elected on the nonpartisan ballot for terms of six years. In a
municipal court in which only one judge is to be elected in any
one year, that judge's term commences on the first day of
January after
the election. In a municipal court in which two or more judges
are to be elected in any one year, their terms commence on
successive days beginning the first day of January, following the
election, unless otherwise provided by section 1901.08 of the
Revised Code.
(B) All candidates for municipal court judge may be nominated
either by nominating petition or by primary election, except that
if the jurisdiction of a municipal court extends only to the
corporate limits of the municipal corporation in which the court
is located and that municipal corporation operates under a
charter, all candidates shall be nominated in the same manner
provided in the charter for the office of municipal court judge, or, if
no specific provisions are made in the charter for the office of
municipal court judge, in the same manner as the charter prescribes for
the nomination and election of the legislative authority of the
municipal corporation.
If a municipal corporation that has a municipal court has a
charter that specifies a primary date other than the date
specified in division (E) of section 3501.01 of the Revised Code,
and if the jurisdiction of the a municipal court extends beyond the corporate
limits of the municipal corporation, all candidates for the
office of municipal judge of that court shall be nominated only
by petition.
If in which it is located or if the jurisdiction of the court does not extend beyond the corporate limits of the municipal corporation in which it is located and no charter provisions apply, all candidates for party
nomination to the office of municipal court judge shall file a
declaration of candidacy and petition not later than four p.m.
of the seventy-fifth day before the day of the primary election,
or if the primary election is a presidential primary election,
not later than four p.m. of the sixtieth day before the day of
the presidential primary election, in the form prescribed by
section 3513.07 of the Revised Code. The petition shall conform
to the requirements provided for such those petitions of candidacy
contained in section 3513.05 of the Revised Code, except that the petition shall be signed by at least fifty electors of the territory of the court. If no valid
declaration of candidacy is filed for nomination as a candidate
of a political party for election to the office of municipal
court judge, or if the number of persons filing the declarations of
candidacy for nominations as candidates of one political party
for election to the office does not exceed the number of
candidates that that party is entitled to nominate as its
candidates for election to the office, no primary election shall
be held for the purpose of nominating candidates of that party
for election to the office, and the candidates shall be issued
certificates of nomination in the manner set forth in section
3513.02 of the Revised Code.
If the jurisdiction of a municipal court extends beyond the corporate limits of the municipal corporation in which it is located or if the jurisdiction of the court does not extend beyond the corporate limits of the municipal corporation in which it is located and no charter provisions apply, nonpartisan candidates
filing for the office of municipal court judge shall file nominating petitions for the office of municipal judge
shall file them not later than four p.m. of the day before the
day of the primary election, in the form prescribed by section
3513.261 of the Revised Code. The petition shall conform to the
requirements provided for such those petitions of candidacy contained
in section 3513.257 of the Revised Code, except that the petition shall be signed by at least fifty electors of the territory of the court.
The nominating petition or declaration of candidacy for a
municipal court judge shall contain a designation of the term for which
the candidate seeks election. At the following regular municipal
election, the candidacies of the judges nominated shall be
submitted to the electors of the territory on a nonpartisan,
judicial ballot in the same manner as provided for judges of the
court of common pleas, except that, in a municipal corporation
operating under a charter, all candidates for municipal court judge
shall be elected in conformity with the charter if provisions are
made in the charter for the election of municipal court judges.
(C) Notwithstanding divisions (A) and (B) of this section,
in the following municipal courts, the judges shall be nominated
and elected as follows:
(1) In the Cleveland municipal court, the judges shall be
nominated only by petition. The petition shall be signed by at
least one thousand fifty electors of the territory of the court. It
shall be in the statutory form and shall be filed in the manner
and within the time prescribed by the charter of the city of
Cleveland for filing petitions of candidates for municipal
offices. Each elector shall have the right to sign petitions for
as many candidates as are to be elected, but no more. The judges
shall be elected by the electors of the territory of the court in
the manner provided by law for the election of judges of the
court of common pleas.
(2) In the Toledo municipal court, the judges shall be
nominated only by petition. The petition shall be signed by at
least one thousand fifty electors of the territory of the court. It
shall be in the statutory form and shall be filed in the manner
and within the time prescribed by the charter of the city of
Toledo for filing nominating petitions for city council. Each
elector shall have the right to sign petitions for as many
candidates as are to be elected, but no more. The judges shall
be elected by the electors of the territory of the court in the
manner provided by law for the election of judges of the court of
common pleas.
(3) In the Akron municipal court, the judges shall be
nominated only by petition. The petition shall be signed by at
least two hundred fifty electors of the territory of the court.
It shall be in statutory form and shall be filed in the manner
and within the time prescribed by the charter of the city of
Akron for filing nominating petitions of candidates for municipal
offices. Each elector shall have the right to sign petitions for
as many candidates as are to be elected, but no more. The judges
shall be elected by the electors of the territory of the court in
the manner provided by law for the election of judges of the
court of common pleas.
(4) In the Hamilton county municipal court, the judges
shall be nominated only by petition. The petition shall be
signed by at least one thousand fifty electors of the territory of the
court, which petitions shall be signed, verified, and filed in
the manner and within the time required by law for nominating
petitions for members of council of the city of Cincinnati. The
judges shall be elected by the electors of the territory of the
court at the regular municipal election and in the manner
provided by law for the election of judges of the court of common
pleas.
(5) In the Franklin county municipal court, the judges
shall be nominated only by petition. The petition shall be
signed by at least one thousand fifty electors of the territory of the
court. The petition shall be in the statutory form and shall be
filed in the manner and within the time prescribed by the charter
of the city of Columbus for filing petitions of candidates for
municipal offices. The judges shall be elected by the electors
of the territory of the court in the manner provided by law for
the election of judges of the court of common pleas.
(6) In the Auglaize, Brown, Clermont, Crawford, Hocking, Jackson,
Lawrence, Madison, Miami, Morrow, Portage, and Wayne county municipal
courts, the judges shall be nominated only by petition. The
petitions shall be signed by at least two hundred fifty electors
of the territory of the court and shall conform to the provisions
of this section.
(D) As used in this section, as to an election for either
a full or an unexpired term, "the territory within the
jurisdiction of the court" means such that territory as it will be on
the first day of January after the election.
Sec. 1901.10. (A)(1)(a) The judges of the municipal court
and officers of the court shall take an oath of office, as
provided in section 3.23 of the Revised Code. The office of
judge of the municipal court is subject to forfeiture, and the
judge may be removed from office, for the causes and by the
procedure provided in sections 3.07 to 3.10 of the Revised Code.
A vacancy in the office of judge exists upon the death,
resignation, forfeiture, removal from office, or absence from
official duties for a period of six consecutive months, as
determined under this section, of the judge and also by reason of
the expiration of the term of an incumbent when no successor has
been elected or qualified. The chief justice of the supreme
court may designate a judge of another municipal court to act
until that vacancy is filled in accordance with section 107.08 of
the Revised Code. A vacancy resulting from the absence of a
municipal judge from official duties for a period of six
consecutive months shall be determined and declared by the
legislative authority.
(b) If a vacancy occurs in the office of judge or clerk of the municipal court after the one-hundredth day before
the first Tuesday after the first Monday in May and prior to the
fortieth day before the day of the general election, all
candidates for election to such the unexpired term for the office of the
judge or clerk of the municipal court shall file nominating
petitions with the board of elections not later than four p.m. on
the tenth day following the day on which the vacancy occurs,
provided except that, when the vacancy occurs fewer than six days before
the fortieth day before the general election, the deadline for
filing shall be four p.m. on the thirty-sixth day before the day
of the general election.
(c) Except as otherwise provided in division (A)(1)(d) of
this section, each Each nominating petition referred to in division (A)(1)(b) of this section shall be in the form
prescribed in section 3513.261 of the Revised Code and shall be
signed by at least fifty qualified electors of the territory of the municipal
court not less in number than one per cent of the number of
electors who voted for governor at the most
recent regular
state election in the territory over which such court has
jurisdiction, or twenty-five hundred electors, whichever is the
lesser number.
(d) For any such vacancy occurring in the office of judge
or clerk of a municipal court named in division (C)(1), (2), (3),
(4), (5), or (6) of section 1901.07 of the Revised Code, each
nominating petition shall be signed by qualified electors of the
territory of the municipal court not less in number than one per
cent of the number of electors who voted for governor at the most recent
regular state election in the territory over
which the
court has jurisdiction, or the number of qualified electors
required to sign a nominating petition in each of those
divisions, as applicable to each particular court, whichever is
the lesser number.
(e) No. No nominating petition shall be accepted for filing or
filed if it appears on its face to contain signatures aggregating
in number more than twice the minimum aggregate number of
signatures required by this section.
(2) If a judge of a municipal court that has only one
judge is temporarily absent, incapacitated, or otherwise
unavailable, the judge may appoint a substitute who has the
qualifications required by
section 1901.06 of the Revised Code or a retired judge of a
court of record who is a qualified elector and a resident of the territory of
the court. If the judge is unable
to make the appointment, the chief justice of the supreme
court shall appoint a substitute. The appointee shall serve during the
absence, incapacity, or unavailability of the
incumbent, shall have the jurisdiction and
powers conferred upon the judge of the municipal court, and shall
be styled "acting judge." During that time of
service, the acting judge shall sign all process and records
and shall perform all acts
pertaining to the office, except that of removal and appointment
of officers of the court. All courts shall take judicial notice
of the selection and powers of the acting judge. The incumbent judge
shall establish the
amount of compensation of an acting judge upon either a per diem, hourly, or
other basis, but the rate of pay shall not exceed the per diem amount received
by the incumbent judge.
(B) When the volume of cases pending in any municipal
court necessitates an additional judge, the chief justice of the
supreme court, upon the written request of the judge or presiding
judge of that municipal court, may designate a judge of another
municipal court or county court to serve for any period of time that
the chief justice may prescribe. The compensation of a judge so designated
shall be paid from the city treasury or, in the case of a county-operated
municipal court, from the county treasury. In addition to the
annual salary provided for in
section 1901.11 of the Revised Code and in addition to any
compensation under division
(A)(5) or (6) of section 141.04 of the Revised Code to
which the judge is entitled in connection with the
judge's own court, a
full-time or part-time judge while holding court outside the
judge's
territory on the designation of the chief justice shall receive actual and
necessary expenses and compensation as follows:
(1) A full-time judge shall receive thirty dollars for each day of
the
assignment.
(2) A part-time judge shall receive for each day of the
assignment the per diem compensation of the judges of the court to which the
judge is assigned, less the per diem amount paid to those judges pursuant to
section 141.04 of the Revised Code, calculated on the basis of two hundred fifty working days
per year.
If a request is made by a judge or the presiding judge of a
municipal court to designate a judge of another municipal court
because of the volume of cases in the court for which the request
is made and the chief justice reports, in writing, that no
municipal or county court judge is available to serve by designation,
the judges
of the court requesting the designation may appoint a substitute
as provided in division (A)(2) of this section, who may serve for
any period of time that is prescribed by the chief justice. The
substitute judge shall be paid in the same manner and at the same
rate as the incumbent judges, except that, if the substitute
judge is entitled to compensation under division (A)(5) or (6)
of section 141.04 of the Revised Code, then section 1901.121 of the Revised
Code shall govern its payment.
Sec. 1901.31. The clerk and deputy clerks of a municipal
court shall be selected, be compensated, give bond, and have
powers and duties as follows:
(A) There shall be a clerk of the court who is appointed
or
elected as follows:
(1)(a) Except in the Akron, Barberton, Cuyahoga
Falls,
Toledo,
Hamilton
county, Portage county,
and Wayne county municipal courts, if the
population of the
territory equals or exceeds one hundred
thousand at the regular
municipal election immediately preceding the
expiration of the
term of the present clerk, the clerk shall be
nominated and
elected by the qualified electors of the territory
in the manner
that is provided for the nomination and election of
judges in
section 1901.07 of the Revised Code.
The clerk so elected shall hold office for a term of six
years, which term shall commence on the first day of January
following the
clerk's election and continue until the clerk's
successor is elected
and qualified.
(b) In the Hamilton county municipal court, the clerk of
courts of Hamilton county shall be the clerk of the municipal
court and may appoint an assistant clerk who shall receive the
compensation, payable out of the treasury of Hamilton county in
semimonthly installments, that the board of county commissioners
prescribes. The clerk of courts of Hamilton county, acting as
the
clerk of the Hamilton county municipal court and assuming the
duties of that office, shall receive compensation at one-fourth
the rate that is prescribed for the clerks of courts of common
pleas as determined in accordance with the population of the
county and the rates set forth in sections 325.08 and 325.18 of
the Revised Code. This compensation shall be paid from the
county
treasury in semimonthly installments and is in addition to
the
annual compensation that is received for the performance of
the
duties of the clerk of courts of Hamilton county, as provided
in
sections 325.08 and 325.18 of the Revised Code.
(c) In the Portage county and Wayne county municipal
courts,
the clerks of courts of Portage county and Wayne county
shall be
the clerks, respectively, of the Portage county and
Wayne county
municipal courts and may appoint a chief deputy
clerk for each
branch that is established pursuant to section
1901.311 of the
Revised Code and assistant clerks as the judges
of the municipal
court determine are necessary, all of whom shall
receive the
compensation that the legislative authority
prescribes. The
clerks of courts of Portage county and Wayne
county, acting as the
clerks of the Portage county and Wayne
county municipal courts and
assuming the duties of these offices,
shall receive compensation
payable from the county treasury in semimonthly
installments at
one-fourth the rate that is prescribed for the clerks of
courts of
common pleas as determined in accordance with the population of
the
county and the rates set forth in sections 325.08 and 325.18
of the Revised
Code.
(d) Except as otherwise provided in division (A)(1)(d) of
this section, in the Akron municipal court, candidates for
election to the office of clerk of the court shall be nominated
by
primary election. The primary election shall be held on the
day
specified in the charter of the city of Akron for the
nomination
of municipal officers. Notwithstanding any contrary provision of section 3513.05 or
3513.257 of the
Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of
independent candidates for the office of clerk of the Akron municipal court
shall be signed by at least two hundred
fifty qualified electors
of the territory of the court.
The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the seventy-fifth day before the day of
the primary election, in the form prescribed by section 3513.07
or
3513.261 of the Revised Code. The declaration of candidacy
and
petition, or the nominating petition, shall conform to the
applicable requirements of section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed
by
any person for nomination as a candidate of a particular
political
party for election to the office of clerk of the Akron
municipal
court, a primary election shall not be held for the
purpose of
nominating a candidate of that party for election to
that office.
If only one person files a valid declaration of
candidacy and
petition for nomination as a candidate of a
particular political
party for election to that office, a primary
election shall not be
held for the purpose of nominating a
candidate of that party for
election to that office, and the
candidate shall be issued a
certificate of nomination in the
manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Akron municipal court shall contain a designation of the
term for which the candidate seeks election. At the following
regular municipal election, all candidates for the office shall
be
submitted to the qualified electors of the territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court. The
clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the clerk's
election and continue until the clerk's successor is elected and
qualified.
(e) Except as otherwise provided in division
(A)(1)(e) of
this
section, in the Barberton municipal court, candidates for
election
to the office of clerk of the court shall be nominated by
primary
election. The primary election shall be held on the day
specified
in the charter of the city of Barberton for the
nomination of
municipal officers. Notwithstanding any contrary provision of section 3513.05 or
3513.257 of the
Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of
independent
candidates for the office of clerk of the Barberton municipal court shall be signed by at least two hundred
fifty qualified
electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition,
or the nominating petition, shall conform to the
applicable requirements of
section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Barberton
municipal court, a primary election shall not be held for the
purpose of
nominating a candidate
of that party for election to
that office. If only one person files a valid
declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the
Barberton municipal court shall contain a designation of
the term
for which the candidate seeks election. At the following
regular municipal
election, all
candidates for the office shall be
submitted to the qualified electors of the
territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court.
The clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the
clerk's
election and continue until the clerk's successor is elected and
qualified.
(f) Except as otherwise provided in division
(A)(1)(f) of
this
section, in the Cuyahoga Falls municipal court, candidates
for
election to the office of clerk of the court shall be
nominated by primary
election. The primary election shall be held
on the day specified in the
charter of the city of Cuyahoga Falls
for the nomination of
municipal officers. Notwithstanding any contrary provision of section 3513.05 or
3513.257 of the
Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of
independent
candidates for the office of clerk of the Cuyahoga Falls municipal court shall be signed by at least two hundred
fifty qualified
electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition, or
the nominating petition,
shall conform to the
applicable requirements of section
3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Cuyahoga
Falls
municipal court, a primary election shall not be held for the
purpose of nominating a candidate of that party for election to
that office. If only one person files a valid declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the Cuyahoga
Falls municipal court shall contain a designation
of the term for
which the candidate seeks election. At the
following regular municipal
election, all candidates for the
office shall be submitted to the
qualified electors of the
territory of the court in the manner
that is provided in section
1901.07 of the Revised Code for
the
election of the judges of the
court. The clerk so elected shall hold office
for
a term of six
years, which term shall commence on the first day of
January
following the clerk's election and continue until the
clerk's
successor is elected and qualified.
(g) Except as otherwise provided in division
(A)(1)(g) of
this
section, in the Toledo municipal court, candidates for
election
to the office of clerk of the court shall be nominated by
primary
election. The primary election shall be held on the day
specified
in the charter of the city of Toledo for the nomination
of
municipal officers. Notwithstanding any contrary provision of section 3513.05 or 3513.257 of the
Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of independent
candidates for the office of clerk of the Toledo municipal court
shall be signed by at least two hundred fifty qualified
electors
of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition,
or the nominating petition, shall conform to the
applicable requirements of
section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Toledo municipal
court, a primary election shall not be held for the purpose of
nominating a candidate
of that party for election to that office.
If only one person files a valid
declaration of
candidacy and
petition for nomination as a candidate of a
particular political
party for election to that office, a primary
election shall not be
held for the purpose of nominating a
candidate of that party for
election to that office, and the
candidate shall be issued a
certificate of nomination in the
manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the
Toledo municipal court shall contain a designation of the
term
for which the candidate seeks election. At the following
regular municipal
election, all
candidates for the office shall be
submitted to the qualified electors of the
territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court.
The clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the
clerk's
election and continue until the clerk's successor is elected and
qualified.
(2)(a) Except for the Alliance, Auglaize county,
Brown
county, Columbiana
county, Lorain,
Massillon, and Youngstown
municipal courts, in a
municipal court
for which the population of
the territory is less
than one hundred thousand, the
clerk shall
be appointed by the court, and
the clerk shall hold
office until
the clerk's successor is
appointed and qualified.
(b) In the Alliance, Lorain, Massillon, and Youngstown
municipal courts, the clerk shall be elected for a term of office
as described in division (A)(1)(a) of this section.
(c) In the Auglaize county
and Brown county
municipal
courts, the
clerks of
courts of Auglaize
county
and Brown
county shall be the
clerks,
respectively, of the
Auglaize
county and Brown county municipal
courts and may appoint a
chief deputy clerk
for each branch that
is
established pursuant to
section 1901.311
of the Revised Code,
and
assistant clerks as the
judge of the
court determines are
necessary, all of whom shall
receive the
compensation that the
legislative authority
prescribes. The
clerks of courts of
Auglaize
county
and
Brown county, acting as the
clerks of the Auglaize county
and Brown
county
municipal
courts
and assuming the
duties of
these offices, shall
receive compensation
payable from
the county treasury in semimonthly
installments at
one-fourth the
rate that is prescribed for the clerks of
courts of
common pleas
as determined in accordance with the population of
the
county and
the rates set forth in sections 325.08 and 325.18
of the Revised
Code.
(d) In the Columbiana county municipal court, the clerk of
courts of
Columbiana county shall be the
clerk of the municipal
court, may appoint a chief deputy
clerk for each branch office
that is established pursuant to section
1901.311 of the Revised
Code, and may appoint any assistant clerks that
the judges of the
court determine are necessary. All of the chief deputy
clerks and
assistant clerks shall receive the compensation that the
legislative authority prescribes. The clerk of courts of
Columbiana county, acting as
the clerk of the Columbiana
county
municipal court and assuming the duties of that office,
shall
receive compensation payable from the county treasury in
semimonthly installments at one-fourth the rate that is
prescribed
for the clerks of courts of common pleas as
determined in
accordance with the population of the county and
the rates set
forth in sections 325.08 and 325.18 of the
Revised Code.
(3) During the temporary absence of the clerk due to
illness, vacation, or other proper cause, the court may appoint a
temporary clerk, who shall be paid the same compensation,
have
the
same authority, and perform the same duties as the clerk.
(B) Except in the Hamilton county,
Portage county, and Wayne county municipal courts, if a vacancy
occurs in the office of the clerk of the Alliance, Lorain,
Massillon, or Youngstown municipal court or occurs in the office
of the clerk of a municipal court for which the population of the
territory equals or exceeds one hundred thousand because the
clerk
ceases to hold the office before the end of the clerk's term or
because a clerk-elect fails to take office, the vacancy shall be
filled, until a successor is elected and qualified, by a person
chosen by the residents of the territory of the court who are
members of the county central committee of the political party by
which the last occupant of that office or the clerk-elect was
nominated. Not less than five nor more than fifteen days after a
vacancy occurs, those members of that county central committee
shall meet to make an appointment to fill the vacancy. At least
four days before the date of the meeting, the chairperson or a
secretary of the county central committee shall notify each such
member of that county central committee by first class
mail of the
date, time, and place
of the meeting and its purpose. A majority
of all such members of
that county central committee constitutes a
quorum, and a
majority of the quorum is
required to make the
appointment. If the office so vacated was
occupied or was to be
occupied by a person not nominated at a
primary election, or if
the appointment was not made by the
committee members in
accordance with this division, the court
shall make an appointment
to fill the vacancy. A successor shall
be elected to fill the
office for the unexpired term at the first
municipal election that
is held more than one hundred twenty days
after the vacancy
occurred.
(C)(1) In a municipal court, other than the Auglaize county,
the Brown county,
the Columbiana county, and
the Lorain municipal
courts,
for which
the population of the
territory is
less than one
hundred thousand, the clerk of
the municipal
court
shall receive
the annual compensation that the
presiding
judge of the court
prescribes, if the revenue of the
court for the
preceding calendar
year, as
certified by the auditor
or chief
fiscal officer of the
municipal corporation
in which the
court is
located or, in the
case of a county-operated municipal
court, the
county auditor, is
equal to or greater than the
expenditures,
including any debt
charges, for the operation of the
court payable
under this
chapter
from the city treasury or, in the
case of a
county-operated
municipal
court, the county treasury for
that
calendar year, as
also certified by the
auditor or chief
fiscal
officer. If the
revenue of a municipal court, other
than
the
Auglaize county,
the
Brown county, the Columbiana county, and
the
Lorain municipal
courts, for which
the population of the
territory
is less than one
hundred thousand for
the preceding calendar year
as so
certified is
not equal to or
greater than those expenditures for
the
operation
of the court for
that calendar year as so certified,
the clerk of
a
municipal court
shall receive the annual
compensation that the
legislative
authority prescribes.
As used
in this division,
"revenue" means
the total of all costs and fees
that are collected
and paid to the
city
treasury or, in a
county-operated municipal
court, the county
treasury by the
clerk
of the municipal court
under division (F) of
this section and
all
interest received and
paid to the city
treasury or, in a
county-operated
municipal
court, the county
treasury in relation
to the costs and fees under
division (G) of
this section.
(2) In
a municipal court, other than the
Hamilton county, Portage
county, and Wayne
county
municipal courts, for which the population of the territory
is one
hundred thousand or more, and in the Lorain
municipal court, the
clerk of the municipal court
shall receive annual compensation in
a sum equal to eighty-five
per cent of the salary of a judge of
the court.
(3) The compensation
of a clerk described in division (C)(1)
or (2) of this
section is payable in semimonthly installments from
the same sources and
in the same manner as provided in section
1901.11 of the Revised
Code.
(D) Before entering upon the duties of the clerk's office,
the
clerk of a municipal court shall give bond of not less than
six
thousand dollars to be determined by the judges of the court,
conditioned upon the faithful performance of the clerk's duties.
(E) The clerk of a municipal court may do all of the
following: administer oaths, take affidavits, and issue
executions upon any judgment rendered in the court, including a
judgment for unpaid costs; issue, sign, and attach the seal of
the
court to all writs, process, subpoenas, and papers issuing
out of
the court; and approve all bonds, sureties, recognizances,
and
undertakings fixed by any judge of the court or by law. The clerk
may
refuse to accept for filing any pleading or paper submitted
for filing by a
person who has been found to be a vexatious
litigator under section 2323.52
of the Revised Code and who has
failed to obtain leave to proceed under that
section. The clerk
shall do all of the following: file and safely keep all
journals,
records, books, and papers belonging or appertaining to
the court;
record the proceedings of the court; perform all other
duties that
the judges of the court may prescribe; and keep a
book showing all
receipts and disbursements, which book shall be
open for public
inspection at all times.
The clerk shall prepare and maintain a general index, a
docket, and other records that the court, by rule, requires, all
of which shall be the public records of the court. In the
docket,
the clerk shall enter, at the time of the commencement of
an
action, the names of the parties in full, the names of the
counsel, and the nature of the proceedings. Under proper dates,
the clerk shall note the filing of the complaint, issuing of
summons or
other process, returns, and any subsequent pleadings.
The clerk
also shall enter all reports, verdicts, orders,
judgments, and
proceedings of the court, clearly specifying the
relief granted
or orders made in each action. The court may order
an extended
record of any of the above to be made and entered,
under the
proper action heading, upon the docket at the request of
any
party to the case, the expense of which record may be taxed as
costs in the case or may be required to be prepaid by the party
demanding the record, upon order of the court.
(F) The clerk of a municipal court shall receive, collect,
and issue receipts for all costs, fees, fines, bail, and other
moneys payable to the office or to any officer of the court. The
clerk
shall each month disburse to the proper persons or officers,
and
take receipts for, all costs, fees, fines, bail, and other
moneys
that the clerk collects. Subject to sections 3375.50 and
4511.193
of
the Revised Code and to any other section of the
Revised Code
that requires a specific manner of disbursement of
any moneys
received by a municipal court and except for the
Hamilton county,
Lawrence county, and Ottawa county municipal
courts, the clerk shall pay all
fines received for violation of
municipal ordinances into the
treasury of the municipal
corporation the ordinance of which was
violated and shall pay all
fines received for violation of
township resolutions adopted
pursuant to Chapter 504. of the
Revised Code into the treasury of
the township the resolution of
which was violated. Subject to
sections 1901.024 and 4511.193 of
the Revised Code, in the
Hamilton county, Lawrence county, and Ottawa county
municipal
courts, the clerk shall pay fifty per cent of the fines
received
for violation of municipal ordinances and fifty per cent
of the
fines received for violation of township resolutions
adopted
pursuant to Chapter 504. of the Revised Code into the
treasury of
the county. Subject to sections 3375.50, 3375.53,
4511.19, and
5503.04 of the Revised Code and to any other section
of the
Revised Code that requires a specific manner of
disbursement of
any moneys received by a municipal court, the
clerk shall pay all
fines collected for the violation of state
laws into the county
treasury. Except in a county-operated
municipal court, the clerk
shall pay all costs and fees the
disbursement of which is not
otherwise provided for in the
Revised
Code into the city treasury.
The clerk of a
county-operated
municipal court shall pay the costs
and fees the
disbursement of
which is not otherwise provided for
in the
Revised Code into the
county treasury. Moneys deposited as
security for costs shall be
retained pending the litigation. The
clerk shall keep a separate
account of all receipts and
disbursements in civil and criminal
cases, which shall be a
permanent public record of the office. On
the expiration of the
term of the clerk, the clerk shall deliver
the records to the
clerk's
successor. The clerk shall have other
powers and duties
as are prescribed by
rule or order of the court.
(G) All moneys paid into a municipal court shall be noted
on
the record of the case in which they are paid and shall be
deposited in a state or national bank, or a domestic savings and
loan association, as defined in section 1151.01 of the Revised
Code, that is selected by the clerk. Any interest received upon
the deposits shall be paid into the city treasury, except that, in
a county-operated municipal court, the interest shall be paid
into
the treasury of the county in which the court is located.
On the first Monday in January of each year, the clerk
shall
make a list of the titles of all cases in the court that
were
finally determined more than one year past in which there
remains
unclaimed in the possession of the clerk any funds, or
any part of
a deposit for security of costs not consumed by the
costs in the
case. The clerk shall give notice of the moneys to
the parties
who are entitled to the moneys or to their attorneys
of record.
All the moneys remaining unclaimed on the first day
of April of
each year shall be paid by the clerk to the city
treasurer, except
that, in a county-operated municipal court, the
moneys shall be
paid to the treasurer of the county in which the
court is located.
The treasurer shall pay any part of the
moneys at any time to the
person who has the right to the
moneys upon proper certification
of the clerk.
(H) Deputy clerks may be appointed by the clerk and shall
receive the compensation, payable in semimonthly installments out
of the city treasury, that the clerk may prescribe, except that
the compensation of any deputy clerk of a county-operated
municipal court shall be paid out of the treasury of the county
in
which the court is located. Each deputy clerk shall take an
oath
of office before entering upon the duties of the deputy clerk's
office
and, when so qualified, may perform the duties appertaining
to the
office of the clerk. The clerk may require any of the
deputy
clerks to give bond of not less than three thousand
dollars,
conditioned for the faithful performance of the deputy
clerk's duties.
(I) For the purposes of this section, whenever the
population of the territory of a municipal court falls below one
hundred thousand but not below ninety thousand, and the
population
of the territory prior to the most recent regular
federal census
exceeded one hundred thousand, the legislative
authority of the
municipal corporation may declare, by
resolution, that the
territory shall be considered to have a
population of at least one
hundred thousand.
(J) The clerk or a deputy clerk shall be in attendance at
all sessions of the municipal court, although not necessarily in
the courtroom, and may administer oaths to witnesses and jurors
and receive verdicts.
Sec. 2961.01.
(A) A person convicted of a felony under the
laws of
this or any
other state or the United States, unless the
conviction is
reversed or
annulled, is incompetent to be an
elector or juror or to hold an
office of
honor, trust, or profit.
When any person convicted of a felony
under any law of that type
is granted
parole, judicial
release,
or a conditional
pardon or is released under a
non-jail community control sanction
or a
post-release control
sanction, the person is competent to be
an
elector during the period of
community control,
parole,
post-release
control, or release or until the
conditions
of the
pardon
have been performed
or have transpired and is
competent to
be an elector thereafter
following final discharge.
The
full
pardon of a convict person convicted of a felony restores the rights and privileges so
forfeited under this
section division, but a pardon shall not release a
convict the person convicted of a felony from the costs of
the convict's a conviction in this state,
unless so specified.
(B)
A person convicted of a felony under laws of this state or any other state or the United States is incompetent to circulate or serve as a witness for the signing of any declaration of candidacy and petition, voter registration application, or nominating, initiative, referendum, or recall petition.
(C) As used in this section:
(1)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2)
"Non-jail community control sanction" means a community
control sanction that is neither a term in a community-based
correctional facility nor a term in a jail.
(3)
"Post-release control" and
"post-release control
sanction"
have the same meanings as in section 2967.01 of the
Revised
Code.
Sec. 2967.17. (A) The adult parole authority, in its
discretion, may grant an administrative release to any of the
following:
(1) A parole violator or release violator serving another felony sentence in
a correctional institution within or without this state for the purpose of
consolidation of the records or if justice would best be served;
(2) A parole violator at large or release violator at large whose case
has been inactive for at least ten years following the date of declaration of
the parole violation or the violation of a post-release control
sanction;
(3) A parolee taken into custody by the
immigration and naturalization service of the United States
department of justice and deported from the United States.
(B) The adult parole authority shall not grant an
administrative release except upon
the concurrence of a majority of the parole board and approval of
the chief of the adult parole authority. An
administrative release does not restore for the
person to whom it is granted the rights and
privileges forfeited by conviction as
provided in section 2961.01 of the Revised Code. Any person
granted an administrative release under this section may
subsequently apply for a commutation of sentence for the purpose
of regaining the rights and privileges forfeited by conviction, except that the privilege of circulating or serving as a witness for the signing of any declaration of candidacy and petition, voter registration application, or nominating, initiative, referendum, or recall petition forfeited under section 2961.01 of the Revised Code may not be restored under this section.
Sec. 3311.21. (A) In addition to the resolutions
authorized by sections 5705.194, 5705.21, 5705.212, and 5705.213
of the Revised Code, the board of education of a joint vocational
or cooperative education school district by a vote of two-thirds
of its full membership may at any time adopt a resolution
declaring the necessity to levy a tax in excess of the ten-mill
limitation for a period not to exceed ten years to provide funds
for any one or more of the following purposes, which may be
stated in the following manner in such resolution, the ballot,
and the notice of election: purchasing a site or enlargement
thereof and for the erection and equipment of buildings; for the
purpose of enlarging, improving, or rebuilding thereof; for the
purpose of providing for the current expenses of the joint
vocational or cooperative school district; or for a continuing
period for the purpose of providing for the current expenses of
the joint vocational or cooperative education school district.
The resolution shall specify the amount of the proposed rate and,
if a renewal, whether the levy is to renew all, or a portion of,
the existing levy, and shall specify the first year in which the
levy will be imposed. If the levy provides for but is not
limited to current expenses, the resolution shall apportion the
annual rate of the levy between current expenses and the other
purpose or purposes. Such apportionment may but need not be the
same for each year of the levy, but the respective portions of
the rate actually levied each year for current expenses and the
other purpose or purposes shall be limited by such apportionment.
The portion of any such rate actually levied for current expenses
of a joint vocational or cooperative education school district
shall be used in applying division (A) of section 3317.01 of the
Revised Code. The portion of any such rate not apportioned to
the current expenses of a joint vocational or cooperative
education school district shall be used in applying division (B)
of this section. On the adoption of such resolution, the joint
vocational or cooperative education school district board of
education shall certify the resolution to the board of elections
of the county containing the most populous portion of the
district, which board shall receive resolutions for filing and
send them to the boards of elections of each county in which
territory of the district is located, furnish all ballots for the
election as provided in section 3505.071 of the Revised Code, and
prepare the election notice; and the board of elections of each
county in which the territory of such district is located shall
make the other necessary arrangements for the submission of the
question to the electors of the joint vocational or cooperative
education school district at the next primary or general election
occurring not less than seventy-five days after the resolution
was received from the joint vocational or cooperative education
school district board of education, or at a special election to
be held at a time designated by the district board of education
consistent with the requirements of section 3501.01 of the
Revised Code, which date shall not be earlier than seventy-five days after the adoption and certification of the resolution.
The board of elections of the county or counties in which
territory of the joint vocational or cooperative education school
district is located shall cause to be published in one or more
newspapers of general circulation in such that district an
advertisement of the proposed tax levy question together with a
statement of the amount of the proposed levy once each a week for
three two consecutive weeks, prior to the election at which the
question is to appear on the ballot, and, if the board of elections operates and maintains a web site, the board also shall post a similar advertisement on its web site for thirty days prior to that election.
If a majority of the electors voting on the question of
levying such tax vote in favor of the levy, the joint vocational
or cooperative education school district board of education shall
annually make the levy within the district at the rate specified
in the resolution and ballot or at any lesser rate, and the
county auditor of each affected county shall annually place the
levy on the tax list and duplicate of each school district in his
the county having territory in the joint vocational or cooperative
education school district. The taxes realized from the levy
shall be collected at the same time and in the same manner as
other taxes on the duplicate, and the taxes, when collected,
shall be paid to the treasurer of the joint vocational or
cooperative education school district and deposited by him to a
special fund, which shall be established by the joint vocational
or cooperative education school district board of education for
all revenue derived from any tax levied pursuant to this section
and for the proceeds of anticipation notes which shall be
deposited in such fund. After the approval of the levy, the
joint vocational or cooperative education school district board
of education may anticipate a fraction of the proceeds of the
levy and from time to time, during the life of the levy, but in
any year prior to the time when the tax collection from the levy
so anticipated can be made for that year, issue anticipation
notes in an amount not exceeding fifty per cent of the estimated
proceeds of the levy to be collected in each year up to a period
of five years after the date of the issuance of the notes, less
an amount equal to the proceeds of the levy obligated for each
year by the issuance of anticipation notes, provided that the
total amount maturing in any one year shall not exceed fifty per
cent of the anticipated proceeds of the levy for that year. Each
issue of notes shall be sold as provided in Chapter 133. of the
Revised Code, and shall, except for such limitation that the
total amount of such notes maturing in any one year shall not
exceed fifty per cent of the anticipated proceeds of the levy for
that year, mature serially in substantially equal installments,
during each year over a period not to exceed five years after
their issuance.
(B) Prior to the application of section 319.301 of the
Revised Code, the rate of a levy that is limited to, or to the
extent that it is apportioned to, purposes other than current
expenses shall be reduced in the same proportion in which the
district's total valuation increases during the life of the levy
because of additions to such valuation that have resulted from
improvements added to the tax list and duplicate.
(C) The form of ballot cast at an election under division
(A) of this section shall be as prescribed by section 5705.25 of
the Revised Code.
Sec. 3311.50. (A) As used in this section, "county school
financing district" means a taxing district consisting of the
following territory:
(1) The territory that constitutes the educational service center on the date
that the governing board of that educational service center adopts a
resolution under division (B) of this section declaring that the territory of
the educational
service center is a county school
financing district, exclusive of any territory subsequently
withdrawn from the district under division (D) of this section;
(2) Any territory that has been added to the county school
financing district under this section.
A county school financing district may include the
territory of a city, local, or exempted village school district
whose territory also is included in the territory of one or more
other county school financing districts.
(B) The governing board of any educational service center
may, by resolution, declare that the territory of the educational service
center is a county school financing district. The resolution shall state the
purpose for which the county school
financing district is created which may be for any one or more of
the following purposes:
(1) To levy taxes for the provision of special education
by the school districts that are a part of the district,
including taxes for permanent improvements for special education;
(2) To levy taxes for the provision of specified
educational programs and services by the school districts that
are a part of the district, as identified in the resolution
creating the district, including the levying of taxes for
permanent improvements for those programs and services;
(3) To levy taxes for permanent improvements of school
districts that are a part of the district.
The governing board of the
educational service center that
creates a county school financing district shall serve as the
taxing authority of the district and may use educational
service center governing board
employees to perform any of the functions necessary in the
performance of its duties as a taxing authority. A county school
financing district shall not employ any personnel.
With the approval of a majority of the members of the board
of education of each school district within the territory of the
county school financing district, the taxing authority of the
financing district may amend the resolution creating the district
to broaden or narrow the purposes for which it was created.
A governing board of an educational service center may create more than one
county
school financing district. If a governing board of
an educational service center
creates more than one such district, it shall clearly distinguish
among the districts it creates by including a designation of each
district's purpose in the district's name.
(C) A majority of the members of a board of education of a
city, local, or exempted village school district may adopt a
resolution requesting that its territory be joined with the
territory of any county school financing district. Copies of the
resolution shall be filed with the state board of education and
the taxing authority of the county school financing district.
Within sixty days of its receipt of such a resolution, the county
school financing district's taxing authority shall vote on the
question of whether to accept the school district's territory as
part of the county school financing district. If a majority of
the members of the taxing authority vote to accept the territory,
the school district's territory shall thereupon become a part of
the county school financing district unless the county school
financing district has in effect a tax imposed under section
5705.211 of the Revised Code. If the county school financing
district has such a tax in effect, the taxing authority shall
certify a copy of its resolution accepting the school district's
territory to the school district's board of education, which may
then adopt a resolution, with the affirmative vote of a majority
of its members, proposing the submission to the electors of the
question of whether the district's territory shall become a part
of the county school financing district and subject to the taxes
imposed by the financing district. The resolution shall set
forth the date on which the question shall be submitted to the
electors, which shall be at a special election held on a date
specified in the resolution, which shall not be earlier than
seventy-five days after the adoption and certification of the
resolution. A copy of the resolution shall immediately be
certified to the board of elections of the proper county, which
shall make arrangements for the submission of the proposal to the
electors of the school district. The board of the joining
district shall publish notice of the election in one or more
newspapers of general circulation in the county once a week for
four two consecutive weeks prior to the election. Additionally, if the board of elections operates and maintains a web site, the board of elections shall post notice of the election on its web site for thirty days prior to the election. The question appearing on the ballot
shall read:
"Shall the territory within .......... (name of the school
district proposing to join the county school financing district)
.......... be added to .......... (name) .......... county school
financing district, and a property tax for the purposes of
......... (here insert purposes) .......... at a rate of taxation
not exceeding .......... (here insert the outstanding tax rate)
........... be in effect for .......... (here insert the number
of years the tax is to be in effect or "a continuing period of
time," as applicable) ..........?"
If the proposal is approved by a majority of the electors
voting on it, the joinder shall take effect on the first day of
July following the date of the election, and the county board of
elections shall notify the county auditor of each county in which
the school district joining its territory to the county school
financing district is located.
(D) The board of any city, local, or exempted village
school district whose territory is part of a county school
financing district may withdraw its territory from the county
school financing district thirty days after submitting to the
governing board that is the taxing authority of the district and
the state board a resolution proclaiming such withdrawal, adopted by
a majority vote of its members, but any county school financing
district tax levied in such territory on the effective date of
the withdrawal shall remain in effect in such territory until
such tax expires or is renewed. No board may adopt a resolution
withdrawing from a county school financing district that would
take effect during the forty-five days preceding the date of an
election at which a levy proposed under section 5705.215 of the
Revised Code is to be voted upon.
(E) A city, local, or exempted village school district
does not lose its separate identity or legal existence by reason
of joining its territory to a county school financing district
under this section and an educational service center does not lose its
separate identity or legal existence by reason of creating a
county school financing district that accepts or loses territory
under this section.
Sec. 3311.73. (A) No later than seventy-five days before the
general election held in the
first even-numbered year occurring at least four years after the date it
assumed control of the municipal school district pursuant to division
(B) of section 3311.71 of the
Revised Code,
the board of education appointed under that division shall notify the board of
elections of each county containing territory of the municipal school district
of the referendum election required by division
(B) of this section.
(B) At the general election held in the first
even-numbered year occurring at least four years
after the date the new board assumed control of a municipal school district
pursuant to division (B) of section 3311.71 of the
Revised Code, the following question shall be submitted to
the electors residing in the school district:
"Shall the mayor of ..... (here insert the name of the
applicable municipal corporation)..... continue to appoint the
members of the board of education of the ..... (here insert the
name of the municipal school district).....?"
The board of elections of the county in which the majority
of the school district's territory is located shall make all
necessary arrangements for the submission of the question to the
electors, and the election shall be conducted, canvassed, and
certified in the same manner as regular elections in the
district for the election of county officers, provided that in
any such election in which only part of the electors of a
precinct are qualified to vote, the board of elections may
assign voters in such part to an adjoining precinct. Such an
assignment may be made to an adjoining precinct in another
county with the consent and approval of the board of elections
of such other county. Notice of the election shall be
published in a newspaper of general circulation in the
school district once a week for three two consecutive weeks prior to the
election stating, and, if the board of elections operates and maintains a web site, the board of elections shall post notice of the election on its web site for thirty days prior to the election. The notice shall state the question on which the election is being
held. The ballot shall be in the form prescribed by the
secretary of state. Costs of submitting the question to the electors shall be
charged to the municipal school district in accordance with section 3501.17
of the Revised Code.
(C) If a majority of electors voting on the issue proposed in
division (B) of this section approve the question, the mayor shall
appoint a new board on the immediately following first day of July
pursuant to division (F) of section 3311.71 of the Revised
Code.
(D) If a majority of
electors voting on the issue proposed in division
(B) of this section disapprove
the question, a new seven-member board of education shall be
elected at the next regular election occurring in
November of an odd-numbered year. At such
election, four members shall be elected for terms of four years
and three members shall be elected for terms of two years.
Thereafter, their successors shall be elected in the same manner
and for the same terms as members of boards of education of a
city school district. All members of the board of education of
a municipal school district appointed pursuant to division
(B) of section 3311.71 of the
Revised Code shall continue to serve
after the end of the terms to which they were appointed until
their successors are qualified and assume office in accordance
with section 3313.09 of the Revised Code.
Sec. 3349.29. An agreement made pursuant to sections
3349.27 and 3349.28 of the Revised Code is not effective unless
it has been approved by the legislative authority of the
municipal corporation with which the municipal university is
identified, upon such legislative authority's determination that
such agreement will be beneficial to the municipal corporation,
and also approved by the Ohio board of regents, and, if required
by any applicable appropriation measure, by the state controlling
board, and any payment from state tax moneys provided for in the
agreement will be subject to appropriations made by the general
assembly. If provision is to be made under such agreement for
the transfer of, or grant of the right to use, all or a
substantial part of the assets of the municipal university to the
state university and assumption by the state university of
educational functions of the municipal university, such agreement
shall not become effective, under sections 3349.27 to 3349.30,
inclusive, of the Revised Code until the electors of the
municipal corporation have approved such transfer or grant.
The legislative authority of the municipal corporation
shall, by ordinance, submit the question to the electors at a
general, primary, or a special election to be held on the date
specified in said the ordinance. Such The ordinance shall be certified
to the board of elections not later than on the forty-fifth day
preceding the date of such the election. Notice of such the election
shall be published in one or more newspapers of general
circulation in the municipal corporation once a week for four two
consecutive weeks prior to the election and, if the board of elections operates and maintains a web site, notice of the election also shall be posted on that web site for thirty days prior to the election. The form of the ballot to be used at said the
election shall be substantially as follows, with such variations
as may be appropriate to reflect the general nature of the
transfer or grant of use of assets and the transfer of
educational functions contemplated:
"Shall assets of the municipal university known as
.......................... be transferred to (make available for
use by) a state university known as ...........................
and the state university assume educational functions of the
municipal university and provide higher education in (or in close
proximity to) the city of .......................... to the
residents of the city of ........................ and of the
state of Ohio and such others as shall be admitted?"
The favorable vote of a majority of those voting on the
proposition constitutes such approval as is required by this
section.
Sec. 3354.12. (A) Upon the request by resolution approved
by the board of trustees of a community college district, and
upon certification to the board of elections not less than
seventy-five days prior to the election, the boards of elections
of the county or counties comprising such district shall place
upon the ballot in their respective counties the question of
levying a tax on all the taxable property in the community
college district outside the ten-mill limitation, for a specified
period of years or for a continuing period of time, to provide
funds for any one or more of the following purposes: the
acquisition of sites, the erection, furnishing, and equipment of
buildings, the acquisition, construction, or improvement of any
property which the board of trustees of a community college
district is authorized to acquire, construct, or improve and
which has an estimated life of usefulness of five years or more
as certified by the fiscal officer, and the payment of operating
costs. Not more than two special elections shall be held in any
one calendar year. Levies for a continuing period of time
adopted under this section may be reduced in accordance with
section 5705.261 of the Revised Code.
If such proposal is to be or include the renewal of an
existing levy at the expiration thereof, the ballot for such
election shall state whether it is a renewal of a tax; a renewal
of a stated number of mills and an increase of a stated number of
mills, or a renewal of a part of an existing levy with a
reduction of a stated number of mills; the year of the tax
duplicate on which such renewal will first be made; and if
earlier, the year of the tax duplicate on which such additional
levy will first be made, which may include the tax duplicate for
the current year unless the election is to be held after the
first Tuesday after the first Monday in November of the current
tax year. The ballot shall also state the period of years for
such levy or that it is for a continuing period of time. If a
levy for a continuing period of time provides for but is not
limited to current expenses, the resolution of the board of
trustees providing for the election on such levy shall apportion
the annual rate of the levy between current expenses and the
other purpose or purposes. Such apportionment need not be the
same for each year of the levy, but the respective portions of
the rate actually levied each year for current expenses and the
other purpose or purposes shall be limited by such apportionment.
The portion of the rate apportioned to the other purpose or
purposes shall be reduced as provided in division (B) of this
section.
If a majority of the electors in such district voting on
such question approve thereof, the county auditor or auditors of
the county or counties comprising such district shall annually,
for the applicable years, place such levy on the tax duplicate in
such district, in an amount determined by the board of trustees,
but not to exceed the amount set forth in the proposition
approved by the electors.
The boards of trustees of a community college district
shall establish a special fund for all revenue derived from any
tax levied pursuant to this section.
The boards of elections of the county or counties
comprising the district shall cause to be published in a
newspaper of general circulation in each such county, an
advertisement of the proposed tax levy question, once each a week
for three two consecutive weeks immediately preceding prior to the election at which the
question is to appear on the ballot, and, if a board of elections operates and maintains a web site, that board also shall post a similar advertisement on its web site for thirty days prior to that election.
After the approval of such levy by vote, the board of
trustees of a community college district may anticipate a
fraction of the proceeds of such levy and from time to time issue
anticipation notes having such maturity or maturities that the
aggregate principal amount of all such notes maturing in any
calendar year shall not exceed seventy-five per cent of the
anticipated proceeds from such levy for such year, and that no
note shall mature later than the thirty-first day of December of
the tenth calendar year following the calendar year in which such
note is issued. Each issue of notes shall be sold as provided in
Chapter 133. of the Revised Code.
The amount of bonds or anticipatory notes authorized
pursuant to Chapter 3354. of the Revised Code, may include sums
to repay moneys previously borrowed, advanced, or granted and
expended for the purposes of such bond or anticipatory note
issues, whether such moneys were advanced from the available
funds of the community college district or by other persons, and
the community college district may restore and repay to such
funds or persons from the proceeds of such issues the moneys so
borrowed, advanced or granted.
All operating costs of such community college may be paid
out of any gift or grant from the state, pursuant to division (K)
of section 3354.09 of the Revised Code; out of student fees and
tuition collected pursuant to division (G) of section 3354.09 of
the Revised Code; or out of unencumbered funds from any other
source of the community college income not prohibited by law.
(B) Prior to the application of section 319.301 of the
Revised Code, the rate of a levy that is limited to, or to the
extent that it is apportioned to, purposes other than current
expenses shall be reduced in the same proportion in which the
district's total valuation increases during the life of the levy
because of additions to such valuation that have resulted from
improvements added to the tax list and duplicate.
Sec. 3355.09. Upon receipt of a request from the
university branch district managing authority, the boards of
elections of the county or counties comprising such district
shall place upon the ballot in the district at the next primary
or general election occurring not less than seventy-five days
after submission of such request by such managing authority, the
question of levying a tax outside the ten-mill limitation, for a
specified period of years, to provide funds for any of the
following purposes:
(A) Purchasing a site or enlargement thereof;
(B) The erection and equipment of buildings;
(C) Enlarging, improving, or rebuilding buildings;
(D) The acquisition, construction, or improvement of any
property which the university branch district managing authority
is authorized to acquire, construct, or improve and which has
been certified by the fiscal officer to have an estimated useful
life of five or more years.
If a majority of the electors in such district voting on
such question approve, the county auditor of the county or
counties comprising such district shall annually place such levy
on the tax duplicate in such district, in the amount set forth in
the proposition approved by the electors.
The managing authority of the university branch district
shall establish a special fund pursuant to section 3355.07 of the
Revised Code for all revenue derived from any tax levied pursuant
to provisions of this section.
The boards of election of the county or counties comprising
the district shall cause to be published in a newspaper of
general circulation in each such county, an advertisement of the
proposed tax levy question, once each a week for three two consecutive weeks
immediately preceding prior to the election at which the question is to
appear on the ballot, and, if a board of elections operates and maintains a web site, that board also shall post a similar advertisement on its web site for thirty days prior to the election.
After the approval of such levy by vote, the managing
authority of the university branch district may anticipate a
fraction of the proceeds of such levy and from time to time,
during the life of such levy, issue anticipation notes in an
amount not to exceed seventy-five per cent of the estimated
proceeds of such levy to be collected in each year over a period
of five years after the date of the issuance of such notes, less
an amount equal to the proceeds of such levy previously obligated
for such year by the issuance of anticipation notes, provided,
that the total amount maturing in any one year shall not exceed
seventy-five per cent of the anticipated proceeds of such levy
for that year.
Each issue of notes shall be sold as provided in Chapter
133. of the Revised Code and shall mature serially in
substantially equal amounts, during each remaining year of the
levy, not to exceed five, after their issuance.
Sec. 3375.03. Unless the transfer of certain library
territory pursuant to division (G) of section 3375.01 of the
Revised Code has been agreed to by the affected boards of library
trustees, a referendum petition against the transfer of the
territory to another library district, signed by qualified
electors of the territory to be transferred and equal in number
to
at least ten per cent of such those electors who voted in the last
gubernatorial election, may be filed with the library board of the
territory's current library district within sixty days after
certified copies of the boundary change order have been filed in
final form with the secretary of state, and the order shall not
become effective until after the outcome of the referendum
procedure prescribed in this section.
Each part of a petition filed pursuant to this section
shall
contain a full and correct title of the petition, a brief
summary
of its purpose, and a statement by the person soliciting
signatures for the petition, made under penalty of election
falsification, certifying that, to the best of
the
circulator's
knowledge and
belief, each signature contained in the
petition is
that of the
person whose name it purports to be or of an attorney in fact acting pursuant to section 3501.382 of the Revised Code, that
each
person
is an
elector residing in the territory subject
to transfer
entitled to
sign the petition, and that each
person signed the
petition
with knowledge of its contents. The
petition may contain
additional information that shall fairly and
accurately present
the question to prospective petition signers.
The form of a petition calling for a referendum and the
statement of the circulator shall be substantially as follows:
"PETITION FOR REFERENDUM ON LIBRARYDISTRICT TRANSFERA petition against the transfer of territory currently
located in the ...................... library district and
proposed for transfer by the state library board to the
..................... library district.
We, the undersigned, being electors residing in the area
proposed to be transferred, equal in number to not less than ten
per cent of the qualified electors in the area subject to
transfer
who voted at the last general election, request the
....................... library board to submit the question
of
the transfer of territory to the .........................
library
district to the electors residing within the territory
proposed to
be transferred for approval or rejection
at the next primary or
general election.
|
Street Address |
|
Date of |
Signature |
or R.F.D. |
Precinct |
Signing |
..............................................................
..............................................................
STATEMENT OF CIRCULATORI, ..................... (name of circulator) ...........
..............., declare under penalty of election
falsification
that
I am an elector of the state of Ohio and
reside at the
address appearing below
my
signature;
that
I am the
circulator
of the
foregoing part
petition containing
.........(number)...........
signatures; that
I have witnessed
the affixing
of every
signature; that all
signers were to the best
of
my
knowledge and belief qualified
to sign; that every
signature is
to the best of
my knowledge
and
belief the
signature
of the
person whose signature it purports
to
be or of an attorney in fact acting pursuant to section 3501.382 of the Revised Code; and that such
person
signed the petition with knowledge of
its
contents.
|
................................ |
|
(Signature of circulator) |
|
................................ |
|
(Address of circulator's permanent |
|
residence in this state) |
|
................................ |
|
(City or village and zip code) |
WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY
OF THE FIFTH
DEGREE."
The person presenting a referendum petition under this
section shall be given a receipt containing the time of day and
the date on which the petition is filed with the library board
and
noting the purpose of and the number of signatures on the
petition. The secretary of the library board shall cause the
board of elections of the county or counties in which the
territory to be transferred is located to check the sufficiency
of
signatures on such the petition, and, if these are found to be
sufficient,
the secretary shall present the petition to the
library board at
a meeting of the board, which shall occur not
later than thirty
days following the filing of the petition with
the board. The
board shall promptly certify the question to the
board of
elections of the county or counties in which the
territory to be
transferred is located for the purpose of having
the proposal
placed on the ballot within
that territory at
the
next general or
primary election occurring not less than sixty
days after the
certification.
The form of the ballot to be used at the election on the
question of the transfer shall be as follows:
"Shall the territory ..................... (here insert
its
boundaries) which is currently within the ................
........ (here insert the name of the current library district)
library district be transferred to the .......................
(here insert the name of the library district to which the
territory is proposed to be transferred) library district?
|
..... For the transfer |
|
|
..... Against the transfer" |
|
The persons qualified to vote on the question are the
electors residing in the territory proposed to be transferred.
The
costs of an election held under this section shall be paid by
the
board of library trustees of the current library district of
the
territory to be transferred. The board of elections shall
certify
the result of the election to the state library board and
to the
library boards of the affected library district.
If a majority of electors voting on the question vote in
favor of the transfer, the transfer shall take effect on the date
of the certification of the election to the state library board.
If a majority of the voters voting on the question do not vote
for
the transfer, the transfer shall not take place.
Sec. 3501.01. As used in the sections of the Revised Code
relating to elections and political communications:
(A) "General election" means the election held on the
first
Tuesday after the first Monday in each November.
(B) "Regular municipal election" means the election held
on
the first Tuesday after the first Monday in November in each
odd-numbered year.
(C) "Regular state election" means the election held on
the
first Tuesday after the first Monday in November in each
even-numbered year.
(D) "Special election" means any election other than those
elections defined in other divisions of this section. A special
election may be held only on the first Tuesday after the first
Monday in February, May, August, or November, or on the day
authorized by a particular municipal or county charter for the
holding of a primary election, except that in any year in which a
presidential primary election is held, no special election shall
be held in February or May, except as authorized by a municipal
or
county charter, but may be held on the first Tuesday
after the
first Monday in
March.
(E)(1) "Primary" or "primary election" means an election
held for the purpose of nominating persons as candidates of
political parties for election to offices, and for the purpose of
electing persons as members of the controlling committees of
political parties and as delegates and alternates to the
conventions of political parties. Primary elections shall be
held
on the first Tuesday after the first Monday in May of each
year
except in years in which a presidential primary election is
held.
(2) "Presidential primary election" means a primary
election
as defined by division (E)(1) of this
section at which an election
is held for the purpose of choosing
delegates and alternates to
the national conventions of the major
political parties pursuant
to section 3513.12 of the Revised
Code. Unless otherwise
specified, presidential primary elections
are included in
references to primary elections. In years in
which a presidential
primary election is held, all primary
elections shall be held on
the first Tuesday after the
first Monday in March
except as
otherwise authorized by a municipal or county charter.
(F) "Political party" means any group of voters meeting
the
requirements set forth in section 3517.01 of the Revised Code
for
the formation and existence of a political party.
(1) "Major political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received no less
than twenty per cent of the total vote cast for such office at
the
most recent regular state election.
(2) "Intermediate political party" means any political
party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received less than
twenty per cent but not less than ten per cent of the total vote
cast for such office at the most recent regular
state
election.
(3) "Minor political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received less than
ten per cent but not less than five per cent of the total vote
cast for such office at the most recent regular
state election
or
which has filed with the secretary of state, subsequent to any
election in which it received less than five per cent of such
vote, a petition signed by qualified electors equal in number to
at least one per cent of the total vote cast for such office in
the last preceding regular state election, except that a newly
formed political party shall be known as a minor political party
until the time of the first election for governor or president
which occurs not less than twelve months subsequent to the
formation of such party, after which election the status of such
party shall be determined by the vote for the office of governor
or president.
(G) "Dominant party in a precinct" or "dominant political
party in a precinct" means that political party whose candidate
for election to the office of governor at the most
recent
regular
state election at which a governor was elected received
more votes
than any other person received for election to
that
office in such
precinct at such election.
(H) "Candidate" means any qualified person certified in
accordance with the provisions of the Revised Code for placement
on the official ballot of a primary, general, or special election
to be held in this state, or any qualified person who claims to be
a
write-in candidate, or who
knowingly assents to being
represented as a
write-in candidate by another at either a
primary,
general, or special election to be held in this state.
(I) "Independent candidate" means any candidate who claims
not to be
affiliated with a
political party, and whose name has
been certified on the office-type ballot at a general or special
election
through the filing of a statement of candidacy and
nominating petition, as
prescribed in section 3513.257 of the
Revised Code.
(J) "Nonpartisan candidate" means any candidate whose name
is required, pursuant to section 3505.04 of the Revised Code, to
be listed on the nonpartisan ballot, including all candidates for
judicial office, for member of any board of education, for
municipal or township offices in which primary elections are not
held for nominating candidates by political parties, and for
offices of municipal corporations having charters that provide
for
separate ballots for elections for these offices.
(K) "Party candidate" means any candidate who claims to be a
member of a
political party,
whose name has been certified
on the
office-type ballot at a general or special election
through the
filing of a declaration of candidacy and petition of
candidate,
and who has won the primary election of the
candidate's party for
the public office the candidate seeks or is selected
by party
committee in accordance with section 3513.31 of the Revised Code.
(L) "Officer of a political party" includes, but is not
limited to, any member, elected or appointed, of a controlling
committee, whether representing the territory of the state, a
district therein, a county, township, a city, a ward, a precinct,
or other territory, of a major, intermediate, or minor political
party.
(M) "Question or issue" means any question or issue
certified in accordance with the Revised Code for placement on an
official ballot at a general or special election to be held in
this state.
(N) "Elector" or "qualified elector" means a person having
the qualifications provided by law to be entitled to
vote.
(O) "Voter" means an elector who votes at an election.
(P) "Voting residence" means that place of residence of an
elector which shall determine the precinct in which the
elector
may vote.
(Q) "Precinct" means a district within a county
established
by the board of elections of such county within which
all
qualified electors having a voting residence therein may vote
at
the same polling place.
(R) "Polling place" means that place provided for each
precinct at which the electors having a voting residence in such
precinct may vote.
(S) "Board" or "board of elections" means the board of
elections appointed in a county pursuant to section 3501.06 of
the
Revised Code.
(T) "Political subdivision" means
a county,
township,
city,
village, or
school district.
(U) "Election officer" or
"election official" means any of
the
following:
(2) Employees of the secretary of state serving
the
division of elections in the capacity of attorney, administrative
officer,
administrative assistant, elections administrator, office
manager, or clerical
supervisor;
(3) Director of a board of elections;
(4) Deputy director of a board of elections;
(5)
Member of a board of elections;
(6) Employees of a board of elections;
(7) Precinct polling place judges and clerks;
(8) Employees appointed by the boards of elections on a
temporary or
part-time basis.
(V) "Acknowledgment notice" means a notice sent by a board
of elections, on a
form prescribed by the secretary of state,
informing a voter registration
applicant or an applicant who
wishes to change the
applicant's residence or name of the status
of
the application; the information necessary to complete or
update
the application, if any; and if the application is
complete,
the precinct in which the applicant is to vote.
(W) "Confirmation notice" means a notice sent by a board of
elections, on a
form prescribed by the secretary of state, to a
registered elector to confirm
the registered elector's current
address.
(X) "Designated agency" means an office or agency in the
state that provides
public assistance or that provides
state-funded programs primarily engaged in
providing services to
persons with disabilities and that is required by the
National
Voter Registration Act of 1993 to implement a program designed and
administered by the secretary of state for registering voters, or
any other
public or government office or agency that implements a
program designed and
administered by the secretary of state for
registering voters, including the
department of job and family
services, the program
administered under section 3701.132
of the
Revised Code by the department of health, the department of mental
health, the department of mental retardation and developmental
disabilities,
the rehabilitation services commission, and any
other
agency the secretary of state designates. "Designated
agency" does
not include public high schools and vocational
schools, public libraries, or
the office of a county treasurer.
(Y) "National Voter Registration Act of 1993" means the
"National Voter
Registration Act of 1993," 107 Stat. 77, 42
U.S.C.A. 1973gg.
(Z) "Voting Rights Act of 1965" means the "Voting Rights Act
of 1965," 79
Stat. 437, 42 U.S.C.A. 1973, as amended.
(AA) "Photo identification" means a document that meets each of the following requirements:
(1) It shows the name of the individual to whom it was issued, which shall conform to the name in the poll list or signature pollbook.
(2) It shows the current address of the individual to whom it was issued, which shall conform to the address in the poll list or signature pollbook, except for a driver's license or a state identification card issued under section 4507.50 of the Revised Code, which may show either the current or former address of the individual to whom it was issued, regardless of whether that address conforms to the address in the poll list or signature pollbook.
(3) It shows a photograph of the individual to whom it was issued.
(4) It includes an expiration date that has not passed.
(5) It was issued by the government of the United States or this state.
Sec. 3501.05. The secretary of state shall
do all of the
following:
(A) Appoint all members of boards of elections;
(B)
Issue instructions by directives and advisories to
members
of
the boards as to the proper methods
of conducting
elections;. In addition to any other publication of those directives and advisories, the secretary of state shall publish those directives and advisories on a web site of the office of the secretary of state as soon as is practicable after they are issued, but not later than the close of business on the same day as a directive or advisory is issued. The secretary of state shall not remove from the web site any directives and advisories so posted. The secretary of state shall provide on that web site access to all directives and advisories currently in effect and to an archive of all directives and advisories previously published on that web site.
(C) Prepare rules and instructions for the conduct of
elections;
(D) Publish and furnish to the boards from time to time a
sufficient number of indexed copies of all election laws then in
force;
(E) Edit and issue all pamphlets concerning proposed laws
or
amendments required by law to be submitted to the voters;
(F) Prescribe the form of registration cards,
blanks, and
records;
(G) Determine and prescribe the forms of ballots and the
forms of all blanks, cards of instructions, pollbooks, tally
sheets, certificates of election, and
forms and blanks
required by law for use by candidates, committees, and boards;
(H) Prepare the ballot title or statement to be placed on
the ballot for any proposed law or amendment to the constitution
to be submitted to the voters of the state;
(I) Certify to the several boards the forms of ballots and
names of candidates for state offices, and the form and wording
of
state referendum questions and issues, as they shall appear on
the
ballot;
(J) Give final approval to ballot language for any
local
question or
issue approved and transmitted by boards of elections
under section 3501.11
of the Revised Code;
(K) Receive all initiative and referendum petitions on
state
questions and issues and determine and certify to the
sufficiency
of
those petitions;
(L) Require such reports from the several boards as are
provided by law, or as the secretary of state
considers
necessary;
(M) Compel the observance by election officers in the
several counties of the requirements of the election laws;
(N)(1) Except as otherwise provided in division (N)(2) of
this section,
investigate the administration of election laws,
frauds, and irregularities in elections in any county, and report
violations of election laws to the attorney general or
prosecuting
attorney, or both, for prosecution;
(2) On and after
August
24, 1995, report a failure to
comply with or a violation of a
provision in sections 3517.08 to 3517.13,
3517.17, 3517.18,
3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised
Code,
whenever the secretary of state has or should have knowledge of a
failure to comply with or a violation of a provision in one of
those sections,
by filing a complaint with the Ohio elections
commission under section
3517.153 of the Revised Code;
(O) Make an annual report to the governor containing the
results of elections,
the cost of elections in the various
counties,
a
tabulation of the votes in the several political
subdivisions,
and
other information and recommendations
relative to
elections
the secretary
of state considers
desirable;
(P) Prescribe and distribute to boards of elections a list
of instructions indicating all legal steps necessary to petition
successfully for local option elections under sections 4301.32 to
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;
(Q) Prescribe a general program Adopt rules pursuant to Chapter 119. of the Revised Code to require each board of elections to remove ineligible voters
from official
registration lists by reason of change of the statewide voter registration database and, if already prepared for a particular election, from the poll list or signature pollbook used in each precinct, which rules shall provide for all of the following:
(1) A process for the removal of voters who have changed residence,
which shall be uniform,
nondiscriminatory, and in compliance with
the Voting Rights Act of 1965 and
the National Voter Registration
Act of 1993, including a program that uses the
national change of
address service provided by the United States postal system
through its licensees;
(2) A process for the removal of ineligible voters under section 3503.21 of the Revised Code;
(3) A uniform system for marking or removing the name of an ineligible voter from the statewide voter registration database and, if already prepared for a particular election, from the poll list or signature pollbook used in each precinct and noting the reason for that mark or removal.
(R) Prescribe a general program for registering voters or
updating voter
registration information, such as name and residence changes, at designated
agencies, the offices of deputy
registrars of motor
vehicles, public high schools and vocational
schools, public
libraries, and the offices of county treasurers,
and prescribe
a program of distribution of voter registration
forms through
those agencies, the offices of the
registrar
and
deputy registrars of motor
vehicles, public high schools and
vocational schools, public
libraries, and the offices of county
treasurers;
(S) To the extent feasible, provide copies, at no cost and
upon
request, of
the voter registration form in post offices in
this state;
(T) Adopt rules pursuant to section 111.15 of the Revised
Code for the
purpose of implementing the program for registering
voters at designated
agencies and the offices of the registrar and
deputy registrars of motor
vehicles consistent with this chapter;
(U)
Specify, by a directive issued not later than
thirty-five
days prior to the date of an election, the date by
which the
boards shall complete the canvass of election returns
under
section 3505.32 or 3513.22 of the Revised Code;
(V) Establish the full-time position of Americans with Disabilities Act coordinator within the office of the secretary of state to do all of the following:
(1) Assist the secretary of state with ensuring that there is equal access to polling places for persons with disabilities;
(2) Assist the secretary of state with ensuring that each voter may cast the voter's ballot in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters;
(3) Advise the secretary of state in the development of standards for the certification of voting machines, marking devices, and automatic tabulating equipment.
(W)(V) Establish a computerized statewide database of all legally registered voters under section 3503.15 of the Revised Code that complies with the requirements of the "Help America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666, and provide training in the operation of that system;
(W) Ensure that all directives, advisories, other instructions, or decisions issued or made during or as a result of any conference or teleconference call with a board of elections to discuss the proper methods and procedures for conducting elections, to answer questions regarding elections, or to discuss the interpretation of directives, advisories, or other instructions issued by the secretary of state are posted on a web site of the office of the secretary of state as soon as is practicable after the completion of the conference or teleconference call, but not later than the close of business on the same day as the conference or teleconference call takes place.
(X) Publish a report on a web site of the office of the secretary of state not later than one month after the completion of the canvass of the election returns for each primary and general election, identifying, by county, the number of absent voter's ballots cast and the number of those ballots that were counted, and the number of provisional ballots cast and the number of those ballots that were counted, for that election. The secretary of state shall maintain the information on the web site in an archive format for each subsequent election.
(Y) Conduct voter education outlining voter identification requirements;
(Z) Establish a procedure by which a registered elector may update the elector's signature used in the poll list or signature pollbook produced by the board of elections of the county in which the elector resides;
(AA) Perform
other duties
required by law.
Whenever a primary election is held under section 3513.32 of
the Revised Code
or a special
election is held under section
3521.03 of the Revised Code to fill a vacancy
in the office of
representative to congress, the secretary of state shall establish
a deadline,
notwithstanding any other deadline required under the
Revised
Code, by which any or all of the following shall occur:
the filing
of a declaration of candidacy and petitions or a
statement of candidacy and
nominating petition together with the
applicable filing fee; the filing of
protests against the
candidacy of any person filing a declaration of candidacy
or
nominating petition; the filing of a declaration of intent to be a
write-in
candidate; the filing of campaign finance reports; the
preparation of, and the
making of corrections or challenges to,
precinct voter registration lists; the
receipt of applications for
absent voter's ballots or armed service absent
voter's ballots;
the supplying of election materials to precincts by boards of
elections; the holding of hearings by boards of elections to
consider
challenges to the right of a person to appear on a voter
registration list;
and the scheduling of programs to instruct or
reinstruct election officers.
In the performance of the
secretary of state's
duties as the chief election officer, the secretary of state may
administer
oaths, issue
subpoenas, summon witnesses, compel the
production of books,
papers, records, and other evidence, and fix
the time and place
for hearing any matters relating to the
administration and
enforcement of the election laws.
In any controversy involving or arising out of the adoption
of registration or the appropriation of funds
for
registration, the
secretary of state may, through the attorney
general, bring an
action in the name of the state in the
court of
common pleas
of the
county where the cause of action arose
or in an adjoining
county, to adjudicate the question.
In any action involving the laws in Title XXXV of the
Revised
Code wherein the interpretation of those laws is in issue
in such
a manner that the result of the action will affect the
lawful
duties of the secretary of state or of any board of
elections, the
secretary of state may, on the
secretary of
state's
motion, be made a
party.
The secretary of state may apply to any court that is
hearing
a case in which the secretary of state is a party, for a
change of
venue as a
substantive right, and
the change of venue shall
be
allowed, and
the case removed to the
court of common pleas
of an adjoining county
named in the application or,
if there
are cases pending in
more than one jurisdiction that
involve the
same or similar
issues,
the court of common pleas of
Franklin county.
Public high schools and vocational schools, public libraries,
and the
office of a county treasurer shall implement voter
registration programs as
directed by the secretary of state
pursuant to this section.
Sec. 3501.052. (A) The secretary of state shall not serve as campaign treasurer or in any other official capacity for any campaign committee for any state or local office other than an office to which the secretary of state is seeking election.
(B) The secretary of state shall not serve as campaign treasurer or in any other official capacity for any principal campaign committee or other authorized committee for any federal office other than an office to which the secretary of state is seeking election.
(C) The secretary of state shall not serve as a treasurer or in any other official capacity for any committee named in an initiative petition, any committee named in a referendum petition, any person making disbursements for the direct costs of producing or airing electioneering communications, or any other committee regulated under Chapter 3517. of the Revised Code.
(D) The attorney general shall not serve as a treasurer or in any other official capacity for any committee named in an initiative petition or any committee named in a referendum petition.
(E) As used in this section:
(1) "Authorized committee" and "principal campaign committee" have the same meanings as in the Federal Election Campaign Act.
(2) "Campaign committee," "campaign treasurer," and "Federal Election Campaign Act" have the same meanings as in section 3517.01 of the Revised Code.
(3) "Electioneering communication" has the same meaning as in section 3517.1011 of the Revised Code.
Sec. 3501.10. (A) The board of elections shall, as an
expense of the board, provide suitable rooms for its offices and
records and the necessary and proper furniture and supplies for
those rooms. The board may lease such offices and rooms,
necessary to its operation, for the length of time and upon the
terms the board deems in the best interests of the public,
provided that the term of any such lease shall not exceed fifteen
years.
Thirty days prior to entering into such a lease, the board shall notify the
board of county commissioners in writing of its intent to enter into the
lease. The notice shall specify the terms and conditions of the lease. Prior
to the thirtieth day after receiving that notice and before any lease is
entered into, the board of county commissioners may reject the proposed lease
by a majority vote. After receiving written notification of the rejection by
the board of county commissioners, the board of elections shall not enter into
the lease that was rejected, but may immediately enter into additional lease
negotiations, subject to the requirements of this section.
The board of
elections in any county may, by resolution, request that the board of county
commissioners submit to the electors of the county, in accordance with section
133.18 of the Revised Code, the question of issuing bonds for the acquisition
of real estate and the construction on it of a suitable building with
necessary furniture and equipment for the proper administration of the duties
of the board of elections. The resolution declaring the necessity for issuing
such bonds shall relate only to the acquisition of real estate and to the
construction, furnishing, and equipping of a building as provided in this
division.
(B) The board of elections in each county shall keep its
offices, or one or more of its branch registration offices, open
for the performance of its duties until nine p.m. on the last day of registration before a general or
primary election. At
all other times during each week, the board shall keep its
offices and rooms open for a period of time that the board
considers necessary for the performance of its duties.
(C) The board of elections may maintain permanent or temporary branch
offices at any place within the county, provided that, if the board of elections permits electors to vote at a branch office, electors shall not be permitted to vote at any other branch office or any other office of the board of elections.
Sec. 3501.11. Each board of elections shall exercise by a
majority vote all powers granted to
the board by Title XXXV
of
the Revised Code, shall perform all the duties imposed by law,
and
shall
do all of the following:
(A) Establish, define, provide, rearrange, and combine
election precincts;
(B) Fix and provide the places for registration and for
holding primaries and elections;
(C) Provide for the purchase, preservation, and
maintenance
of booths, ballot boxes, books, maps, flags, blanks,
cards of
instructions, and other forms, papers, and equipment
used in
registration, nominations, and elections;
(D) Appoint and remove its director, deputy director, and
employees and all registrars, judges, and other officers
of
elections, fill vacancies, and designate the ward or district
and
precinct in which each shall serve;
(E) Make and issue
rules and instructions, not
inconsistent
with law or the rules, directives, or
advisories issued by the
secretary
of state, as it
considers
necessary for the guidance of
election
officers and
voters;
(F) Advertise and contract for the printing of all ballots
and other supplies used in registrations and elections;
(G) Provide for the issuance of all notices,
advertisements,
and publications concerning elections, except as
otherwise
provided in division (G) of section 3501.17 of the Revised Code;
(H) Provide for the delivery of ballots, pollbooks, and
other required papers and material to the polling places;
(I) Cause the polling places to be suitably provided with voting machines, marking devices, automatic tabulating equipment,
stalls, and other required supplies;. In fulfilling this duty, each board of a county that uses voting machines, marking devices, or automatic tabulating equipment shall conduct a full vote of the board during a public session of the board on the allocation and distribution of voting machines, marking devices, and automatic tabulating equipment for each precinct in the county.
(J) Investigate irregularities, nonperformance of duties,
or
violations of Title XXXV of the Revised Code by election
officers
and other persons; administer oaths, issue subpoenas,
summon
witnesses, and compel the production of books, papers,
records,
and other evidence in connection with any such
investigation; and
report the facts to the prosecuting attorney;
(K) Review, examine, and certify the sufficiency and
validity of petitions and nomination papers, and, after
certification, return to the
secretary of state all petitions and
nomination papers that the secretary of
state forwarded to
the
board;
(L) Receive the returns of elections, canvass the returns,
make abstracts
of them, and transmit
those abstracts
to the
proper
authorities;
(M) Issue certificates of election on forms to be
prescribed
by the secretary of state;
(N) Make an annual report to the secretary of state, on
the
form prescribed by the secretary of state, containing a
statement
of the number
of voters registered, elections held, votes cast,
appropriations
received,
expenditures made, and
other
data
required by the secretary of state;
(O) Prepare and submit to the proper appropriating officer
a
budget estimating the cost of elections for the ensuing fiscal
year;
(P) Perform
other duties as
prescribed by law or
the
rules, directives, or advisories of the secretary of
state;
(Q) Investigate and determine the residence qualifications
of electors;
(R) Administer oaths in matters pertaining to the
administration of the election laws;
(S) Prepare and submit to the secretary of state, whenever
the secretary of state requires, a report containing the
names and
residence
addresses of all incumbent county, municipal, township,
and board
of education officials serving in their respective
counties;
(T) Establish and maintain a voter registration of all
qualified electors in the county who offer to register;
(U) Maintain voter registration records, make reports
concerning voter
registration as required by the secretary of
state, and remove ineligible
electors from voter registration
lists in accordance with law and directives
of the secretary of
state;
(V) At least annually, on a schedule and in a format
prescribed by the secretary of state, submit to the secretary of
state an accurate and current list of all registered voters in
the
county for the purpose of assisting the secretary of state to
maintain a master list of registered voters pursuant to section
3503.27 of the Revised Code;
(W) Give approval to ballot language for any local question
or issue and
transmit
the language to the secretary of state for
the secretary of state's final
approval;
(X)(W) Prepare and cause the following notice to be displayed
in a prominent location in every polling place:
"NOTICEOhio law prohibits any person from voting or attempting to
vote more than once at the same election.
Violators are guilty of a felony of the fourth degree and
shall be
imprisoned and additionally may be fined in accordance
with law."
(X) In all cases of a tie vote or a disagreement in the board,
if
no decision can be arrived at, the director or
chairperson shall
submit the matter in controversy, not later than
fourteen days
after the tie vote or the disagreement, to the secretary of
state,
who shall summarily decide the question, and the secretary of
state's
decision shall be final.
(Y) Assist each designated agency,
deputy registrar of motor
vehicles, public high school and
vocational school, public
library, and office of a county treasurer in the
implementation of
a program for registering voters at all voter registration
locations as prescribed by the secretary of state.
Under this
program, each board of elections shall direct to the appropriate
board of elections any voter registration applications for persons
residing
outside the county where the board is located within five
days after receiving
the applications.
(Z) On any day on which an elector may vote in person at the
office of the
board or at another site designated by the board, consider
the board or other
designated site shall be considered a polling
place for that day, and all. All
requirements or prohibitions of law
that apply to a polling place shall apply
to the office of the
board or other designated site on that day.
Sec. 3501.13. (A) The director of the board of elections shall
keep a full and true record of the proceedings of the board and
of all moneys received and expended; file and preserve in its
the board's office all orders and records pertaining to the administration of
registrations, primaries, and elections; receive and have the
custody of all books, papers, and property belonging to the
board; and shall perform such other duties in connection with his
the office of director and the proper conduct of elections as
the board determines.
(B) Before entering upon the duties of his the office, the director
shall subscribe to an oath that he the director will support the
constitutions Constitution of the United States and of this state the Ohio Constitution, perform all the duties
of the director office to the best of his the
director's ability, enforce the election laws, and preserve all records,
documents, and other property
pertaining to the conduct of elections placed in his the director's custody.
(C) The director may administer oaths to such persons as are
required by law to file certificates or other papers with the
board, to judges and clerks of elections, to witnesses who are
called to testify before the board, and to voters filling out
blanks at the board's offices. Except as otherwise provided by state or
federal law, the records of the board and
papers and books filed in its office are public records and open
to inspection under such reasonable regulations as shall be
established by the board. The following notice shall be posted
in a prominent place at each board office:
"Except as otherwise provided by state or federal law, records filed in this
office of the board of elections are
open to public inspection during normal office hours, pursuant to
the following reasonable regulations: (the board shall here list
its regulations). Whoever prohibits any person from inspecting
the public records of this board is subject to the penalties of
section 3599.161 of the Revised Code."
(D) Upon receipt of a written declaration of intent to retire as provided for in section 145.38 of the Revised Code, the director shall provide a copy to each member of the board of elections.
Sec. 3501.17. (A) The expenses of the board of elections shall
be paid from the county treasury, in pursuance of appropriations
by the board of county commissioners, in the same manner as other
county expenses are paid. If the board of county commissioners
fails to appropriate an amount sufficient to provide for the
necessary and proper expenses of the board of elections pertaining to the conduct of elections,
the board of elections may apply to the court of common pleas within the county,
which shall fix the amount necessary to be appropriated and
the amount shall be appropriated. Payments shall be made upon
vouchers of the board of elections certified to by its
chairperson or acting chairperson and the
director or deputy director, upon warrants of the county auditor.
The board
of elections shall not
incur any obligation involving the expenditure of money unless
there are moneys sufficient in the funds appropriated therefor to
meet the obligation as required in division (D) of section 5705.41 of the Revised Code. If the board of elections requests a transfer of funds from one of its appropriation items to another, the board of county commissioners shall adopt a resolution providing for the transfer except as otherwise provided in section 5705.40 of the Revised Code. The expenses of the board of elections shall be apportioned among
the county and the various subdivisions as provided in this
section, and the amount chargeable to each subdivision shall be
withheld by the auditor from the moneys payable thereto at the
time of the next tax settlement. At the time of submitting
budget estimates in each year, the board of elections shall
submit to the taxing authority of each subdivision, upon the
request of the subdivision, an estimate of the amount to be
withheld from the subdivision during the next fiscal year.
(B) Except as otherwise provided in division
(F) of this section, the entire compensation of the members of
the board of elections and of the director, deputy director, and other
employees in the board's offices; the expenditures for the
rental, furnishing, and equipping of the office of the board and
for the necessary office supplies for the use of the board; the
expenditures for the acquisition, repair, care, and custody of
the polling places, booths, guardrails, and other equipment for
polling places; the cost of pollbooks, tally sheets, maps, flags,
ballot boxes, and all other permanent records and equipment; the
cost of all elections held in and for the state and county; and
all other expenses of the board which are not chargeable to a
political subdivision in accordance with this section shall be
paid in the same manner as other county expenses are paid.
(C) The compensation of judges and clerks of elections; the
cost of renting, moving, heating, and lighting polling places and
of placing and removing ballot boxes and other fixtures and
equipment thereof; the cost of printing and delivering ballots,
cards of instructions, and other election supplies; and all other
expenses of conducting primaries and elections in the
odd-numbered years shall be charged to the subdivisions in and
for which such primaries or elections are held. The charge for
each primary or general election in odd-numbered years for each
subdivision shall be determined in the following manner: first,
the total cost of all chargeable items used in conducting such
elections shall be ascertained; second, the total charge shall be
divided by the number of precincts participating in such
election, in order to fix the cost per precinct; third, the cost
per precinct shall be prorated by the board of elections to the
subdivisions conducting elections for the nomination or election
of offices in such precinct; fourth, the total cost for each
subdivision shall be determined by adding the charges prorated to
it in each precinct within the subdivision.
(D) The entire cost of special elections held on a day other
than the day of a primary or general election, both in
odd-numbered or in even-numbered years, shall be charged to the
subdivision. Where a special election is held on the same day as
a primary or general election in an even-numbered year, the
subdivision submitting the special election shall be charged only
for the cost of ballots and advertising. Where a special
election is held on the same day as a primary or general election
in an odd-numbered year, the subdivision submitting the special
election shall be charged for the cost of ballots and advertising
for such special election, in addition to the charges prorated to
such subdivision for the election or nomination of candidates in
each precinct within the subdivision, as set forth in the
preceding paragraph.
(E) Where a special election is held on the day specified by
division (E) of section 3501.01 of the Revised Code for the
holding of a primary election, for the purpose of submitting to
the voters of the state constitutional amendments proposed by the
general assembly, and a subdivision conducts a special election
on the same day, the entire cost of the special election shall be
divided proportionally between the state and the subdivision
based upon a ratio determined by the number of issues placed on
the ballot by each, except as otherwise provided in division
(G) of this section. Such proportional division of cost shall be
made only to the extent funds are available for such purpose from
amounts appropriated by the general assembly to the secretary of
state. If a primary election is also being conducted in the
subdivision, the costs shall be apportioned as otherwise provided
in this section.
(F) When a precinct is open during a general, primary, or special
election solely for the purpose of submitting to the voters a statewide ballot
issue, the state shall bear the entire cost of the election in that precinct
and shall reimburse the county for all expenses incurred in opening the
precinct.
(G) The state shall bear the entire cost of advertising in
newspapers statewide ballot issues, explanations of those issues, and
arguments for or against those issues, as required by Section
1g of Article II and Section 1 of
Article XVI, Ohio
Constitution, and any other section of law and shall reimburse the
counties for all expenses they incur for such advertising.
(H) The cost of renting, heating, and lighting registration
places; the cost of the necessary books, forms, and supplies for
the conduct of registration; and the cost of printing and posting
precinct registration lists shall be charged to the subdivision
in which such registration is held.
(I) As used in this section, "statewide ballot issue" means any
ballot issue, whether proposed by the general assembly or by initiative or
referendum, that is submitted to the voters throughout the state.
Sec. 3501.19. (A) Except as otherwise provided in division (C) of this section, on each of the following dates, the board of elections shall send a notice by nonforwardable mail to each elector who is registered to vote in a precinct in which an election will be conducted:
(1) The sixtieth day before the day of any special election that may be held on the first Tuesday after the first Monday in August, 2006;
(2) The sixtieth day before the day of the 2006 general election;
(3) The sixtieth day before the day of the 2008 primary election;
(4) The sixtieth day before the day of the 2008 general election.
(B) The notice required under division (A) of this section shall include each of the following:
(1) The day of the election;
(2) The location of the polling place for the precinct in which the elector is registered to vote;
(3) A reminder, which shall be indicated in bold type, stating as follows:
"Voters must bring identification to the polls in order to verify identity. Identification may include a current and valid photo identification, a military identification that shows the voter's name and current address, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than this reminder or a voter registration notification, that shows the voter's name and current address. Voters who do not provide one of these documents will still be able to vote by providing the last four digits of the voter's social security number and by casting a provisional ballot. Voters who do not have any of the above forms of identification, including a social security number, will still be able to vote by signing an affirmation swearing to the voter's identity under penalty of election falsification and by casting a provisional ballot."
(C) If the notice sent under division (A) of this section is returned undelivered to the board, the board shall cause the elector's name in the official registration list and in the poll list or signature pollbook for that elector's precinct to be marked to indicate that the notice was returned to the board.
At the first election at which an elector whose name has been so marked appears to vote, the elector shall be required to provide identification to the election officials.
If the elector provides to the election officials a current and valid photo identification, a military identification that shows the voter's name and current address, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of an election mailed by a board of elections under division (A) of this section or a notice of voter registration notification mailed by a board of elections under section 3503.19 of the Revised Code, the voter shall be permitted to cast a ballot in accordance with division (B) of section 3505.18 of the Revised Code. The board shall correct that elector's registration, if needed, and shall remove the indication that the elector's notice was returned from that elector's name on the official registration list and on the poll list or signature pollbook.
If the elector provides to the election officials a photo identification that does not contain the elector's current address, if the elector provides the last four digits of the elector's social security number, if the elector is unable to provide any of the required forms of identification, if the elector refuses to provide any of the required forms of identification, or if the elector executes an affirmation under division (A)(4) of section 3505.18 of the Revised Code, the elector shall be permitted to vote by provisional ballot under section 3505.181 of the Revised Code. If the provisional ballot is counted pursuant to division (B)(3) of section 3505.183 of the Revised Code, the board shall correct that elector's registration, if needed, and shall remove the indication that the elector's notice was returned from that elector's name on the official registration list and on the poll list or signature pollbook.
(D) No board of elections shall be required to mail a notice under division (A) of this section to any elector who registered to vote within thirty days prior to the date for mailing the notice under that division.
(E) A notice mailed to an elector under division (A) of this section shall not be considered a government document that contains the voter's name and current address for the purpose of providing identification under sections 3503.14, 3503.16, 3503.19, 3503.28, 3505.18, 3505.181, 3505.182, 3505.183, 3509.03, 3509.031, 3509.04, 3509.05, 3511.02, and 3511.09 of the Revised Code.
Sec. 3501.26. When the polls are closed after a primary,
general, or special election, the receiving officials shall, in
the presence of the counting officials and attending witnesses observers,
proceed as follows:
(A) Count the number of electors who voted, as shown on
the poll books.;
(B) Count the unused ballots without removing stubs.;
(C) Count the soiled and defaced ballots.;
(D) Insert the totals of divisions (A), (B), and (C) of
this section on the report forms provided therefor in the poll
books.;
(E) Count the voted ballots. If the number of voted
ballots exceeds the number of voters whose names appear upon the
poll books, the presiding judge shall enter on the poll books an
explanation of such that discrepancy, and such that explanation, if agreed
to, shall be subscribed to by all of the judges. Any judge
having a different explanation shall enter it in the poll books
and subscribe to it.
(F) Put the unused ballots with stubs attached, and soiled
and defaced ballots with stubs attached, in the envelopes or
containers provided therefor, and certify the number.
The receiving officials shall deliver to and place in the
custody of the counting officials all the supplies provided for
the conduct of such that election and the ballots which that are to be
counted and tallied, and take a receipt for the same, which receipt
shall appear in and be a part of the poll books of such precinct.
Having performed their duties, the receiving officials shall
immediately depart.
Having receipted for the ballots, the counting officials
shall proceed to count and tally the vote as cast in the manner
prescribed by section 3505.27 of the Revised Code and certify the
result of the election to the board of elections.
Sec. 3501.30. (A) The board of elections shall provide for
each polling place the necessary ballot boxes, official ballots,
cards of instructions, registration forms, pollbooks or poll
lists, tally sheets, forms on which to make summary statements,
writing implements, paper, and all other supplies
necessary for casting and
counting the ballots and recording the results of the voting at
the polling place. The pollbooks or poll lists shall have
certificates appropriately printed on them for the signatures of
all the precinct officials, by which they shall certify that, to
the best of their knowledge and belief, the pollbooks or poll
lists correctly show the names of all electors who voted in
the polling place at the election indicated in the pollbook pollbooks or poll list lists.
All of the following shall be included among the supplies provided to each polling place:
(1) A large map of each appropriate precinct, which shall be
displayed prominently to assist persons who desire to register or
vote on election day. Each map shall show all streets within the
precinct and contain identifying symbols of the precinct in bold
print.
(2) Any materials, postings, or instructions required to comply with state or federal laws;
(3) A flag of the United
States approximately two and one-half feet in length along the
top, which shall be displayed outside the entrance to the polling
place during the time it is open for voting;
(4) Two or more small
flags of the United States approximately fifteen inches in length
along the top, which shall be placed at a distance
of one hundred feet from the polling place on the thoroughfares
or walkways leading to the polling place, to mark the distance
within which persons other than election officials, witnesses,
challengers observers, police officers, and electors waiting to mark,
marking, or casting their ballots shall not loiter, congregate,
or engage in any kind of election campaigning. Where small flags
cannot reasonably be placed one hundred feet from the polling
place, the presiding election judge shall place the flags as near
to one hundred feet from the entrance to the polling place as is
physically possible. Police officers and all election officials
shall see that this prohibition against loitering and
congregating is enforced.
When the period of time during which
the polling place is open for voting expires, all of the flags
described in this division shall be taken into the polling place, and shall be returned to
the board together with all other election supplies
required to be delivered to the board.
(B) The board of elections shall follow the instructions and advisories of the secretary of state in the production and use of polling place supplies.
Sec. 3501.33. All judges of election shall enforce peace
and good order in and about the place of registration or
election. They shall especially keep the place of access of the
electors to the polling place open and unobstructed and prevent
and stop any improper practices or attempts tending to obstruct,
intimidate, or interfere with any elector in registering or
voting. They shall protect challengers and witnesses observers against
molestation and violence in the performance of their duties, and
may eject from the polling place any such challenger or witness observer
for violation of any provision of Title XXXV of the Revised Code.
They shall prevent riots, violence, tumult, or the disorder. In
the discharge of these duties, they may call upon the sheriff,
police, or other peace officers to aid them in enforcing the law.
They may order the arrest of any person violating such title Title XXXV of the Revised Code, but
such an arrest shall not prevent such the person from registering or
voting if he the person is entitled to do so. The sheriff, all
constables, police officers, and other officers of the peace shall
immediately obey and aid in the enforcement of any lawful order
made by the precinct election officials in the enforcement of
such title Title XXXV of the Revised Code.
Sec. 3501.35. (A) During an election and the counting of the
ballots, no person shall loiter or do any of the following:
(1) Loiter, congregate, or engage in any kind of election campaigning within the area
between the polling place and the small flags of the United
States placed on the thoroughfares and walkways leading to the
polling place, and if the line of electors waiting to vote extends beyond those small flags, within ten feet of any elector in that line; in
(2) In any manner hinder or delay an elector in
reaching or leaving the place fixed for casting his the
elector's ballot; within such distance give,
(3) Give, tender, or exhibit any ballot
or ticket to any person other than his the elector's own ballot to the
judge of election within the area between the polling place and the small flags of the United States placed on the thoroughfares and walkways leading to the polling place, and if the line of electors waiting to vote extends beyond those small flags, within ten feet of any elector in that line; exhibit
(4) Exhibit any ticket or ballot which he the elector intends to cast; or solicit
(5) Solicit or in any manner attempt to influence
any elector in
casting his the elector's vote. No
(B) Except as otherwise provided in division (C) of section 3503.23 of the Revised Code, no person, who is not an election
official, employee, witness, challenger observer, or police officer, shall be allowed
to enter the polling place during the election, except for the purpose of
voting or assisting another person to vote as provided in section 3505.24 of the Revised Code. No
(C) No more electors shall be allowed to approach the voting
shelves at any time than there are voting shelves provided. The
(D) The
judges of election and the police officer shall strictly enforce
the observance of this section.
Sec. 3501.38. All declarations of candidacy, nominating
petitions, or other petitions presented to or filed with the
secretary of state or a board of elections or with any other
public office for the purpose of becoming a candidate for any
nomination or office or for the holding of an election on any
issue shall, in addition to meeting the other specific
requirements prescribed in the sections of the Revised Code
relating
to them, be governed by the following rules:
(A) Only electors qualified to vote on the candidacy or
issue which is the subject of the petition shall sign a petition.
Each signer shall be a registered elector pursuant to section
3503.11 of the Revised Code. The facts of qualification shall be
determined as of the date when the petition is filed.
(B) Signatures shall be affixed in ink. Each signer may
also print
the signer's name, so as to clearly identify
the
signer's signature.
(C) Each signer shall place on the petition after
the
signer's name the date of signing and the location of
the
signer's voting residence, including the street and number if in a
municipal corporation or
the rural route number, post office
address, or township if
outside a municipal corporation. The
voting address given on the
petition shall be the address
appearing in the registration
records at the board of elections.
(D) No Except as otherwise provided in section 3501.382 of the Revised Code, no person shall write any name other than
the
person's
own on any petition. No Except as otherwise provided in section 3501.382 of the Revised Code, no person may authorize another to
sign for
the person. If a petition contains the signature
of an elector
two
or more
times, only the first
signature
shall be counted.
(E)(1) On each petition paper, the circulator shall indicate
the number of signatures contained
on it, and shall sign a
statement made under penalty of election falsification that
the
circulator witnessed the affixing of every signature, that all
signers
were to the best of
the circulator's knowledge and
belief
qualified to sign, and that every signature is to the best
of
the
circulator's knowledge and belief the signature of the
person
whose
signature it purports to be or of an attorney in fact acting pursuant to section 3501.382 of the Revised Code. On the circulator's statement for a declaration of candidacy, or nominating petition, or declaration of intent to be a write-in candidate for a person seeking to become a statewide candidate or for a statewide initiative or a statewide referendum petition, the circulator shall identify the circulator's name, the address of the circulator's permanent resident, and the name and address of the person employing the circulator to circulate the petition, if any.
(2) As used in division (E) of this section, "statewide candidate" means the joint candidates for the offices of governor and lieutenant governor or a candidate for the office of secretary of state, auditor of state, treasurer of state, or attorney general.
(F) If Except as otherwise provided in section 3501.382 of the Revised Code, if a circulator knowingly permits an unqualified
person
to sign a petition paper or permits a person to write a
name other
than
the person's own on a petition paper, that
petition paper
is
invalid; otherwise, the signature of a person not qualified
to
sign shall be rejected but shall not invalidate the other valid
signatures
on the paper.
(G) The circulator of a petition may, before filing it in
a
public office, strike from it any signature
the circulator
does
not wish to present as a part of
the petition.
(H) Any signer of a petition or an attorney in fact acting pursuant to section 3501.382 of the Revised Code on behalf of a signer may remove
the signer's
signature
from that petition at any time before the
petition is
filed in a public
office by striking
the signer's
name
from the
petition; no signature
may be removed
after the petition is filed
in any public office.
(I)(1) No alterations, corrections, or additions may be made
to
a petition after it is filed in a public office.
(2) No petition may be withdrawn after it is filed in a
public office. Nothing in this division prohibits a person from
withdrawing as a candidate as otherwise provided by law.
(J) All declarations of candidacy, nominating petitions,
or
other petitions under this section shall be accompanied by the
following statement in boldface capital letters:
WHOEVER COMMITS
ELECTION FALSIFICATION IS
GUILTY OF A FELONY OF THE FIFTH DEGREE.
(K) All separate petition papers shall be filed at the
same
time, as one instrument.
(L) If a board of elections distributes for use a petition form for a declaration of candidacy, nominating petition, declaration of intent to be a write-in candidate, or any type of question or issue petition that does not satisfy the requirements of law as of the date of that distribution, the board shall not invalidate the petition on the basis that the petition form does not satisfy the requirements of law, if the petition otherwise is valid. Division (L) of this section applies only if the candidate received the petition from the board within ninety days of when the petition is required to be filed.
Sec. 3501.382. (A)(1) A registered voter who, by reason of disability, is unable to physically sign the voter's name as a candidate, signer, or circulator on a declaration of candidacy and petition, nominating petition, other petition, or other document under Title XXXV of the Revised Code may authorize a legally competent resident of this state who is eighteen years of age or older as an attorney in fact to sign that voter's name to the petition or other election document, at the voter's direction and in the voter's presence, in accordance with either of the following procedures:
(a) The voter may file with the board of elections of the voter's county of residence a notarized form that includes or has attached all of the following:
(i) The name of the voter who is authorizing an attorney in fact to sign petitions or other election documents on that voter's behalf, at the voter's direction and in the voter's presence;
(ii) An attestation of the voter that the voter, by reason of disability, is unable to sign physically petitions or other election documents and that the voter desires the attorney in fact to sign them on the voter's behalf, at the direction of the voter and in the voter's presence;
(iii) The name, residence address, date of birth, and, if applicable, Ohio supreme court registration number of the attorney in fact authorized to sign on the voter's behalf, at the voter's direction and in the voter's presence. A photocopy of the attorney in fact's driver's license or state identification card issued under section 4507.50 of the Revised Code shall be attached to the notarized form.
(iv) The form of the signature that the attorney in fact will use in signing petitions or other election documents on the voter's behalf, at the voter's direction and in the voter's presence.
(b) The voter may acknowledge, before an election official, and file with the board of elections of the voter's county of residence a form that includes or has attached all of the following:
(i) The name of the voter who is authorizing an attorney in fact to sign petitions or other election documents on that voter's behalf, at the voter's direction and in the voter's presence;
(ii) An attestation of the voter that the voter, by reason of disability, is physically unable to sign petitions or other election documents and that the voter desires the attorney in fact to sign them on the voter's behalf, at the direction of the voter and in the voter's presence;
(iii) An attestation from a licensed physician that the voter is disabled and, by reason of that disability, is physically unable to sign petitions or other election documents;
(iv) The name, residence address, date of birth, and, if applicable, Ohio supreme court registration number of the attorney in fact authorized to sign on the voter's behalf, at the voter's direction and in the voter's presence. A photocopy of the attorney in fact's driver's license or state identification card issued under section 4507.50 of the Revised Code shall be attached to the notarized form.
(v) The form of the signature that the attorney in fact will use in signing petitions or other election documents on the voter's behalf, at the voter's direction and in the voter's presence.
(2) In addition to performing customary notarial acts with respect to the power of attorney form described in division (A)(1)(a) of this section, the notary public shall acknowledge that the voter in question affirmed in the presence of the notary public the information listed in divisions (A)(1)(a)(i), (ii), and (iii) of this section. A notary public shall not perform any notarial acts with respect to such a power of attorney form unless the voter first gives such an affirmation. Only a notary public satisfying the requirements of section 147.01 of the Revised Code may perform notarial acts with respect to such a power of attorney form.
(B) A board of elections that receives a form under division (A)(1) of this section from a voter shall do both of the following:
(1) Use the signature provided in accordance with division (A)(1)(a)(iv) or (A)(1)(b)(v) of this section for the purpose of verifying the voter's signature on all declarations of candidacy and petitions, nominating petitions, other petitions, or other documents signed by that voter under Title XXXV of the Revised Code;
(2) Cause the poll list or signature pollbook for the relevant precinct to identify the voter in question as having authorized an attorney in fact to sign petitions or other election documents on the voter's behalf, at the voter's direction and in the voter's presence.
(C) Notwithstanding division (D) of section 3501.38 or any other provision of the Revised Code to the contrary, an attorney in fact authorized to sign petitions or other election documents on a disabled voter's behalf, at the direction of and in the presence of that voter, in accordance with division (A) of this section may sign that voter's name to any petition or other election document under Title XXXV of the Revised Code after the power of attorney has been filed with the board of elections in accordance with division (A)(1) of this section. The signature shall be deemed to be that of the disabled voter, and the voter shall be deemed to be the signer.
(D)(1) Notwithstanding division (F) of section 3501.38 or any other provision of the Revised Code to the contrary, the circulator of a petition may knowingly permit an attorney in fact to sign the petition on a disabled voter's behalf, at the direction of and in the presence of that voter, in accordance with division (A)(1) of this section.
(2) Notwithstanding division (F) of section 3501.38 or any other provision of the Revised Code to the contrary, no petition paper shall be invalidated on the ground that the circulator knowingly permitted an attorney in fact to write a name other than the attorney in fact's own name on a petition paper, if that attorney in fact signed the petition on a disabled voter's behalf, at the direction of and in the presence of that voter, in accordance with division (C) of this section.
(E) The secretary of state shall prescribe the form and content of the form for the power of attorney prescribed under division (A)(1) of this section and also shall prescribe the form and content of a distinct form to revoke such a power of attorney.
(F) As used in this section, "unable to physically sign" means that the person with a disability cannot comply with the provisions of section 3501.011 of the Revised Code. A person is not "unable to physically sign" if the person is able to comply with section 3501.011 through reasonable accommodation, including the use of assistive technology or augmentative devices.
Sec. 3501.39. (A) The secretary of state or a board of
elections
shall accept any
petition described in section 3501.38
of the Revised Code unless one of the
following occurs:
(1) A written protest against the petition or candidacy,
naming specific
objections, is filed, a hearing is held, and a
determination is made by the
election officials with whom the
protest is filed that the petition is
invalid, in accordance with
any section of the Revised Code providing a
protest procedure.
(2) A written protest against the petition or candidacy,
naming specific
objections, is filed, a hearing is held, and a
determination is made by the
election officials with whom the
protest is filed that the petition violates
any requirement
established by law.
(3) The candidate's candidacy or the petition violates the
requirements of
this chapter, Chapter 3513. of the Revised Code,
or any other requirements
established by law.
(B)
Except as otherwise provided in division (C) of this section or section 3513.052 of the
Revised Code, a board of elections shall not invalidate any
declaration of
candidacy or nominating petition under division
(A)(3) of this
section after the fiftieth day prior to the
election at which the candidate
seeks nomination to office, if the
candidate filed a declaration of candidacy,
or election to office,
if the candidate filed a nominating petition.
(C)(1) If a petition is filed for the nomination or election of a candidate in a charter municipal corporation with a filing deadline that occurs after the seventy-fifth day before the day of the election, a board of elections may invalidate the petition within fifteen days after the date of that filing deadline.
(2) If a petition for the nomination or election of a candidate is invalidated under division (C)(1) of this section, that person's name shall not appear on the ballots for any office for which the person's petition has been invalidated. If the ballots have already been prepared, the board of elections shall remove the name of that person from the ballots to the extent practicable in the time remaining before the election. If the name is not removed from the ballots before the day of the election, the votes for that person are void and shall not be counted.
Sec. 3501.90. (A) As used in this section:
(1) "Harassment in violation of the election law" means either of the following:
(a) Any of the following types of conduct in or about a polling place or a place of registration or election: obstructing access of an elector to a polling place; another improper practice or attempt tending to obstruct, intimidate, or interfere with an elector in registering or voting at a place of registration or election; molesting or otherwise engaging in violence against observers in the performance of their duties at a place of registration or election; or participating in a riot, violence, tumult, or disorder in and about a place of registration or election;
(b) A violation of division (A)(1), (2), (3), or (5) or division (B) of section 3501.35 of the Revised Code.
(2) "Person" has the same meaning as in division (C) of section 1.59 of the Revised Code and also includes any organization that is not otherwise covered by that division.
(3) "Trier of fact" means the jury or, in a nonjury action, the court.
(B) An elector who has experienced harassment in violation of the election law has a cause of action against each person that committed the harassment in violation of the election law. In any civil action based on this cause of action, the elector may seek a declaratory judgment, an injunction, or other appropriate equitable relief. The civil action may be commenced by an elector who has experienced harassment in violation of the election law either alone or as a party to a class action under Civil Rule 23.
(C)(1) In addition to the equitable relief authorized by division (B) of this section, an elector who has experienced harassment in violation of the election law may be entitled to relief under division (C)(2) or (3) of this section.
(2) If the harassment in violation of the election law involved intentional or reckless threatening or causing of bodily harm to the elector while the elector was attempting to register to vote, to obtain an absent voter's ballot, or to vote, the elector may seek, in a civil action based on the cause of action created by division (B) of this section, monetary damages as prescribed in this division. The civil action may be commenced by the elector who has experienced harassment in violation of the election law either alone or as a party to a class action under Civil Rule 23. Upon proof by a preponderance of the evidence in the civil action that the harassment in violation of the election law involved intentional or reckless threatening or causing of bodily harm to the elector, the trier of fact shall award the elector the greater of three times of the amount of the elector's actual damages or one thousand dollars. The court also shall award a prevailing elector reasonable attorney's fees and court costs.
(3) Whether a civil action on the cause of action created by division (B) of this section is commenced by an elector who has experienced harassment in violation of the election law alone or as a party to a class action under Civil Rule 23, if the defendant in the action is an organization that has previously been determined in a court of this state to have engaged in harassment in violation of the election law, the elector may seek an order of the court granting any of the following forms of relief upon proof by a preponderance of the evidence:
(a) Divestiture of the organization's interest in any enterprise or in any real property;
(b) Reasonable restrictions upon the future activities or investments of the organization, including, but not limited to, prohibiting the organization from engaging in any harassment in violation of the election law;
(c) The dissolution or reorganization of the organization;
(d) The suspension or revocation of any license, permit, or prior approval granted to the organization by any state agency;
(e) The revocation of the organization's authorization to do business in this state if the organization is a foreign corporation or other form of foreign entity.
(D) It shall not be a defense in a civil action based on the cause of action created by division (B) of this section, whether commenced by an elector who has experienced harassment in violation of the election law alone or as a party to a class action under Civil Rule 23, that no criminal prosecution was commenced or conviction obtained in connection with the conduct alleged to be the basis of the civil action.
(E) In a civil action based on the cause of action created by division (B) of this section, whether commenced by an elector who has experienced harassment in violation of the election law alone or as a party to a class action under Civil Rule 23, the elector may name as defendants each individual who engaged in conduct constituting harassment in violation of the election law as well as any person that employs, sponsors, or uses as an agent any such individual or that has organized a common scheme to cause harassment in violation of the election law.
Sec. 3503.02. All registrars and judges of elections, in
determining the residence of a person offering to register or
vote, shall be governed by the following rules:
(A) That place shall be considered the residence of a
person in which the person's habitation is fixed and to
which, whenever the person is absent, the
person has the intention of returning.
(B) A person shall not be considered to have lost the
person's residence who leaves the person's home and goes
into another state or
county of this state, for temporary purposes only, with the
intention of returning.
(C) A person shall not be considered to have gained a
residence in any county of this state into which the person
comes for
temporary purposes only, without the intention of making such
county the permanent place of abode.
(D) The place where the family of a married man or woman person
resides shall be considered to be his or her the person's place
of residence; except that when the husband and wife spouses have
separated and live apart, the place where he or she such a
spouse resides the length of time required to entitle a person to vote
shall be considered to be his or her the spouse's place of
residence.
(E) If a person removes to another state with the
intention of making such state the person's residence,
the person shall be
considered to have lost the person's residence in this
state.
(F) Except as otherwise provided in division (G) of
this section, if a person removes from this
state and continuously resides outside this state
for a period of
four years or more, the person shall be considered to
have lost
the person's residence in this state, notwithstanding the
fact that the person may
entertain an intention to return at some future period.
(G) If a person removes from this state to engage in
the services of the United States government, the person
shall not be
considered to have lost the person's residence in this state
during the
period of such service, and likewise should the person enter
the
employment of the state, the place where such person resided at
the time of the person's removal shall be considered to be
the person's place of
residence.
(H) If a person goes into another state and while there
exercises the right of a citizen by voting, the person shall
be
considered to have lost the person's residence in this
state.
(I) If a person does not have a fixed place of habitation, but has a shelter or other location at which the person has been a consistent or regular inhabitant and to which the person has the intention of returning, that shelter or other location shall be deemed the person's residence for the purpose of registering to vote.
Sec. 3503.06. (A) No person shall be entitled to vote at any election, or to sign
or circulate any declaration of candidacy or any nominating, initiative,
referendum, or
recall petition, unless the person is registered as an
elector and will have
resided in the county and precinct where the person is registered for at least
thirty days at the time of the next election.
(B)(1) No person shall be entitled to circulate any initiative or referendum petition unless the person is a resident of this state.
(2) All election officials, in determining the residence of a person circulating a petition under division (B)(1) of this section, shall be governed by the following rules:
(a) That place shall be considered the residence of a person in which the person's habitation is fixed and to which, whenever the person is absent, the person has the intention of returning.
(b) A person shall not be considered to have lost the person's residence who leaves the person's home and goes into another state for temporary purposes only, with the intention of returning.
(c) A person shall not be considered to have gained a residence in any county of this state into which the person comes for temporary purposes only, without the intention of making that county the permanent place of abode.
(d) If a person removes to another state with the intention of making that state the person's residence, the person shall be considered to have lost the person's residence in this state.
(e) Except as otherwise provided in division (B)(2)(f) of this section, if a person removes from this state and continuously resides outside this state for a period of four years or more, the person shall be considered to have lost the person's residence in this state, notwithstanding the fact that the person may entertain an intention to return at some future period.
(f) If a person removes from this state to engage in the services of the United States government, the person shall not be considered to have lost the person's residence in this state during the period of that service, and likewise should the person enter the employment of the state, the place where that person resided at the time of the person's removal shall be considered to be the person's place of residence.
(g) If a person goes into another state and, while there, exercises the right of a citizen by voting, the person shall be considered to have lost the person's residence in this state.
(C) No person shall be entitled to sign any initiative or referendum petition unless the person is registered as an elector and will have resided in the county and precinct where the person is registered for at least thirty days at the time of the next election.
Sec. 3503.11. When any person applies for a driver's
license, commercial driver's license, a state of Ohio
identification card issued under section 4507.50 of the Revised
Code, or motorcycle operator's license or endorsement, or the
renewal or duplicate of any license or endorsement under Chapter
4506. or 4507. of the Revised Code, the registrar of motor
vehicles or deputy registrar shall offer the applicant the
opportunity to register to vote or to update his or her the
applicant's voter
registration. The registrar of motor vehicles or deputy registrar also
shall make available to all other customers voter registration applications or and
change of residence or and change of name applications, forms, but is not required to
offer assistance to these customers in completing the a voter registration
application or other form.
The registrar or deputy registrar shall send any completed
registration application or any completed change of residence and or change of
name notice form to the board of elections of the county in which the
office of the registrar or deputy registrar is located, within
five days after accepting the application or notice other form.
The registrar shall collect from each deputy registrar
through the reports filed under division (J) of section 4503.03
of the Revised Code and transmit to the secretary of state
information on the number of voter registration applications and
change of residence or change of name notices forms completed or
declined, and any additional information required by the
secretary of state to comply with the National Voter Registration
Act of 1993. No information relating to an applicant's decision
to decline to register or update his or her the applicant's
voter registration at the
office of the registrar or deputy registrar may be used for any
purpose other than voter registration record-keeping required by
the secretary of state, and all such information shall be kept
confidential.
The secretary of state shall prescribe voter registration
applications and change of residence and change of name notices forms
for use by the bureau of motor vehicles. The bureau of motor
vehicles shall supply all of its deputy registrars with a
sufficient number of voter registration applications and change
of residence and change of name notices forms.
Sec. 3503.13. (A) Except as provided in division (C) of
this section, registration forms shall consist of original and
duplicate cards or loose-leaf pages as prescribed by the
secretary of state. When such registration forms have been
filled out and filed in the office of the board of elections, the
original forms shall be filed together in one file and the
duplicate forms shall be filed together in another file. Except
as otherwise provided in division (D) of this section, the
original forms shall be filed by precincts and shall constitute
the precinct register for use in polling places on election day.
The duplicate forms shall be filed alphabetically and shall
constitute the permanent office record of the board. It shall
not be removed from the office of the board except upon the order
of a court.
(B) Except as otherwise provided by state or federal law, the registration
records forms submitted by applicants and the statewide voter registration database established under section 3503.15 of the Revised Code shall be open to public
inspection at all times when the office of the board of elections is open for
business, under such regulations as the board adopts, provided
that no person shall be permitted to inspect such records voter registration forms except
in the presence of an employee of the board.
(C) The board of elections of a county that adopts or has
adopted electronic data processing for the registration of
qualified electors of the county may use a single registration
form complying with the requirements of division (A) of this
section. The information contained on the form may be duplicated
on punch cards, magnetic tape, discs, diskettes, or such other
media as are compatible with the data processing system adopted
by the board and may constitute the permanent office record in
lieu of the duplicate registration card.
(D) Instead of using the original registration forms as
the precinct register in the polling places on election day as
provided in division (A) of this section, a
(B) A board of elections
that has adopted electronic data processing may use a legible
digitized signature list of voter signatures, copied from the
signatures on the registration forms in a form and manner
prescribed by the secretary of state, provided that the board
continues to record and maintain at the board office the
information obtained from the form prescribed under section 3503.14 includes the required voter registration information in the statewide voter registration database established under section 3503.15 of the
Revised Code,
and provided that the precinct election officials have computer
printouts at the polls containing any necessary information
specified by the secretary of state that would otherwise be
available to them on the registration forms prepared in the manner required under section 3503.23 of the Revised Code.
Sec. 3503.14. (A) The secretary of state shall prescribe the
form and content of the registration and, change of residence, and
change of name form forms used in this state. The form forms shall set forth
the eligibility requirements needed to qualify as an elector and
meet the requirements of the National Voter Registration Act of
1993 and shall include spaces for all of the following:
(4) The voter's date of birth;
(5) The voter to provide one or more of the following:
(a) The voter's driver's license number, if any;
(b) The last four digits of the voter's social security number, if any;
(c) A copy of a current and valid photo identification, a copy of a military identification that shows the voter's name and current address, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and address.
(6) The voter's signature. The
The registration form shall include a space on which the person registering an applicant shall sign the person's name and provide the person's address and a space on which the person registering an applicant shall name the employer who is employing that person to register the applicant. No election official or employee of a designated agency who is
Except for forms prescribed by the secretary of state under section 3503.11 of the Revised Code, the secretary of state shall permit boards of elections to produce forms that have subdivided spaces for each individual alphanumeric character of the information provided by the voter so as to accommodate the electronic reading and conversion of the voter's information to data and the subsequent electronic transfer of that data to the statewide voter registration database established under section 3503.15 of the Revised Code.
(B) None of the following persons who are registering an applicant in the course of that official's or employee's normal duties shall be required to sign the election official's or employee's person's name, provide the person's address, or to name the employer who is employing the election official or employee person to register an applicant on a form prepared under this section:
(1) An election official;
(3) A deputy registrar of motor vehicles;
(4) An employee of a designated agency;
(5) An employee of a public high school;
(6) An employee of a public vocational school;
(7) An employee of a public library;
(8) An employee of the office of a county treasurer;
(9) An employee of the bureau of motor vehicles;
(10) An employee of a deputy registrar of motor vehicles;
(11) An employee of an election official.
(B) Any (C) Except as provided in section 3501.382 of the Revised Code, any applicant who is unable to sign the applicant's own name
shall make an
"X," if possible, which shall be certified by the signing of the
name of the applicant by the person filling out the
form, who shall add the person's own signature. If an
applicant is unable
to make an "X," the applicant shall indicate in some manner
that the applicant desires
to register to vote or to change the applicant's name or
residence. The
person registering the applicant shall sign the form and
attest that the applicant indicated that the applicant
desired to register
to vote or to change the applicant's name or residence.
(C)(D) No registration and, change of residence and, or change of name form shall be rejected solely on the basis that a person registering an applicant failed to sign the person's name or failed to name the employer who is employing that person to register the applicant as required under division (A) of this section.
(D)(E) As used in this section, "registering an applicant" includes any effort, for compensation, to provide voter registration forms or to assist persons in completing or returning those forms or returning them to the board of elections, the office of the secretary of state, or another appropriate public office.
Sec. 3503.15. (A) The secretary of state shall establish and maintain a statewide voter registration database that shall be continuously available to each board of elections and to other agencies as authorized by law.
(B) The statewide voter registration database established under this section shall be the official list of registered voters for all elections conducted in this state.
(C) The statewide voter registration database established under this section shall, at a minimum, include all of the following:
(1) An electronic network that connects all board of elections offices with the office of the secretary of state and with the offices of all other boards of elections;
(2) A computer program that harmonizes the records contained in the database with records maintained by each board of elections;
(3) An interactive computer program that allows access to the records contained in the database by each board of elections and by any persons authorized by the secretary of state to add, delete, modify, or print database records, and to conduct updates of the database;
(4) A search program capable of verifying registered voters and their registration information by name, driver's license number, birth date, social security number, or current address;
(5) Safeguards and components to ensure that the integrity, security, and confidentiality of the voter registration information is maintained.
(D) The secretary of state shall adopt rules pursuant to Chapter 119. of the Revised Code doing all of the following:
(1) Specifying the manner in which existing voter registration records maintained by boards of elections shall be converted to electronic files for inclusion in the statewide voter registration database;
(2) Establishing a uniform method for entering voter registration records into the statewide voter registration database on an expedited basis, but not less than once per day, if new registration information is received;
(3) Establishing a uniform method for purging canceled voter registration records from the statewide voter registration database in accordance with section 3503.21 of the Revised Code;
(4) Specifying the persons authorized to add, delete, modify, or print records contained in the statewide voter registration database and to make updates of that database;
(5) Establishing a process for annually auditing the information contained in the statewide voter registration database.
(E) A board of elections promptly shall purge a voter's name and voter registration information from the statewide voter registration database in accordance with the rules adopted by the secretary of state under division (D)(3) of this section after the cancellation of a voter's registration under section 3503.21 of the Revised Code.
(F) The secretary of state shall provide training in the operation of the statewide voter registration database to each board of elections and to any persons authorized by the secretary of state to add, delete, modify, or print database records, and to conduct updates of the database.
(G)(1) The statewide voter registration database established under this section shall be made available on a web site of the office of the secretary of state as follows:
(a) Except as otherwise provided in division (G)(1)(b) of this section, only the following information from the statewide voter registration database regarding a registered voter shall be made available on the web site:
(ii) The voter's address;
(iii) The voter's precinct number;
(iv) The voter's voting history.
(b) During the thirty days before the day of a primary or general election, the web site interface of the statewide voter registration database shall permit a voter to search for the polling location at which that voter may cast a ballot.
(2) The secretary of state shall establish, by rule adopted under Chapter 119. of the Revised Code, a process for boards of elections to notify the secretary of state of changes in the locations of precinct polling places for the purpose of updating the information made available on the secretary of state's web site under division (G)(1)(b) of this section. Those rules shall require a board of elections, during the thirty days before the day of a primary or general election, to notify the secretary of state within one business day of any change to the location of a precinct polling place within the county.
(3) During the thirty days before the day of a primary or general election, not later than one business day after receiving a notification from a county pursuant to division (G)(2) of this section that the location of a precinct polling place has changed, the secretary of state shall update that information on the secretary of state's web site for the purpose of division (G)(1)(b) of this section.
Sec. 3503.16. (A) Whenever a registered elector changes
the place of residence of that registered elector
from one precinct to another within a
county or from one county to another, or has a change
of name, that registered elector shall report the change
by delivering a change of residence or
change of name form, whichever is appropriate, as prescribed by
the secretary of state under section 3503.14 of the Revised Code
to the state or local office of a designated agency, a public high
school or vocational school, a public library, the office of the county
treasurer, the office
of the secretary of state, any office of the registrar or deputy
registrar of motor vehicles, or any office of a board of
elections in person or by
a third person. Any voter registration, change of address, or change of
name application, returned by mail, may be sent only to the secretary of state
or the board of elections.
A registered elector also may update the
registration of that registered elector by filing a change of residence
or change of name form on the day of
a special, primary, or general election at the polling place in
the precinct in which that registered elector resides or at
the board of elections or
at another site designated by the board.
(B)(1)(a) Any registered elector who moves within a precinct or
changes the name of that registered elector and remains within a precinct on
or prior to the day of a general, primary, or special election and has not
filed a notice of change of residence or change of name, whichever is
appropriate, with the board of elections may vote in that election by going to
that registered elector's assigned polling place, completing and signing a
notice of change of residence or change of name, whichever is appropriate, showing identification in the form of a current and valid photo identification, a military identification that shows the voter's name and current address, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the name and current address of the elector,and
casting a ballot. If the elector provides either a driver's license or a state identification card issued under section 4507.50 of the Revised Code that does not contain the elector's current residence address, the elector shall provide the last four digits of the elector's driver's license number or state identification card number, and the precinct election official shall mark the poll list or signature pollbook to indicate that the elector has provided a driver's license or state identification card number with a former address and record the last four digits of the elector's driver's license number or state identification card number.
(b) Any registered elector who changes the name of that registered elector and remains within a precinct on or prior to the day of a general, primary, or special election and has not filed a notice of change of name with the board of elections may vote in that election by going to that registered elector's assigned polling place, completing and signing a notice of a change of name, and casting a provisional ballot under section 3505.181 of the Revised Code.
(2) Any registered elector who moves
from one precinct to another within a county or moves from one precinct to
another and changes the name of that registered
elector on or prior to the day of a general, primary, or special election
and has not filed a notice of change of residence or change of
name, whichever is appropriate, with the board of elections may
vote in that election if that registered elector complies with
division (G) of this
section or does all of the following:
(a) Appears at anytime during
regular business hours
on or after the twenty-eighth day
prior to the
election in which that registered elector wishes to vote, or,
if the election is held
on the day of a presidential primary election, the twenty-fifth
day prior to the election, through noon of the Saturday prior to
the election or at the office of the board of elections, appears at any time during regular business hours on the Monday prior
to the election at the office of the board of elections, or
appears on the day of the election at either of the following
locations:
(i) The polling place in the precinct in which
that registered elector resides;
(ii) The location designated by the board of elections, which
shall be the office of the board or another
appropriate site designated by the board in the county in which
that registered elector resides of elections or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections.
(b) Completes and signs, under penalty of election
falsification, a notice of change of residence or change of name,
whichever is appropriate, and files it with election officials at
the polling place, at the office of the board of elections, or at
the site designated by the board or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections, whichever is appropriate;
(c) Votes a provisional ballot under section 3505.181 of the Revised Code at the polling place, at the office of the board
of elections, or at the site designated by the board or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections, whichever
is appropriate, by absent voter's ballots using the address to
which that registered elector has moved or
the name of that registered elector as changed, whichever is
appropriate;
(d) Completes and signs, under penalty of election
falsification, a statement attesting that that registered
elector moved or had a change of name, whichever
is appropriate, on or prior to the day of the
election, has voted a provisional ballot at the polling place in the precinct in
which that registered elector resides, at the office of the
board of elections, or
at the site designated by the board or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections, whichever is appropriate,
and will not vote or attempt to vote at any other
location for that particular election. The statement required
under division (B)(2)(d) of this section shall be included on
the
notice of change of residence or change of name, whichever is
appropriate, required under division (B)(2)(b) of this section.
(C) Any registered elector who moves from one county to
another county within the state on or prior to the day of a
general, primary, or special election and has not registered to
vote in the county to which that registered elector moved may
vote in that election if that registered elector complies with
division (G) of this section or does all of the following:
(1) Appears at any time during regular
business
hours on or after the
twenty-eighth day prior to
the election in which that registered elector wishes to vote,
or, if the election is
held on the day of a presidential primary election, the
twenty-fifth day prior to the election, through noon of the
Saturday prior to the election or at the office of the board of elections or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections, appears during regular business hours
on the Monday prior to the election at the office of the board of
elections or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections, or appears on the day of the
election at the
location designated by the board of elections, which shall be
either the office of the board or another appropriate site
designated by the board in the county in which that registered
elector resides of elections or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections;
(2) Completes and signs, under penalty of election
falsification, a notice of change of residence and files it with
election officials at the board or at the site designated by the
board, whichever is appropriate of elections or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections;
(3) Votes a provisional ballot under section 3505.181 of the Revised Code at the office of the board of elections or at a
site designated by the board by absent voter's ballots or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections, using the
address to which that registered elector has moved;
(4) Completes and signs, under penalty of election
falsification, a statement attesting that that registered
elector has moved from one
county to another county within the state on or prior to the day
of the election, has voted at the office of the board of
elections or at the site designated by the board, whichever is
appropriate or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location instead of the office of the board of elections, and will not vote or attempt to vote at any
other location for that particular election. The statement
required under division (C)(4) of this section shall be included on
the notice of change of residence required under division (C)(2)
of this section.
(D) A person who votes by absent voter's ballots pursuant
to division (B), (C), or (G) of this
section shall not make written
application for the ballots pursuant to Chapter 3509. of the
Revised Code. Ballots cast pursuant to division (B),
(C), or (G) of
this section shall be set aside in a special envelope and counted
during the official canvass of votes in the manner provided for
in sections 3505.32 and 3509.06 of the Revised Code insofar as
that manner is applicable. The board shall examine the pollbooks
to verify that no ballot was cast at the polls or by absent voter's ballots
under Chapter 3509. or 3511. of the Revised Code by an elector who
has voted by absent voter's ballots pursuant to division (B),
(C), or (G) of this section. Any ballot determined to
be insufficient
for any of the reasons stated above or stated in section 3509.07
of the Revised Code shall not be counted.
A Subject to division (C) of section 3501.10 of the Revised Code, a board of elections may lease or otherwise acquire a site
different from the office of the board at which registered
electors may vote pursuant to division (B) or (C) of this
section.
(E) Upon receiving a change of residence or change
of name form, the board of elections shall immediately send the registrant an
acknowledgment
notice. If the change of residence or change
of name form is valid, the board shall update the voter's registration as
appropriate. If that form is incomplete, the board shall inform the
registrant in the acknowledgment notice specified in this division of the
information necessary to complete or update that
registrant's registration.
(F) Change of residence and change of name forms shall be
available at each polling place, and when these forms are
completed, noting changes of residence or name, as appropriate,
they shall be filed with election officials at the polling place.
Election officials shall return completed forms, together with
the pollbooks and tally sheets, to the board of elections.
The board of elections shall provide change of residence
and change of name forms to the probate court and court of common
pleas. The court shall provide the forms to any person eighteen
years of age or older who has a change of name by
order of the court
or who applies for a marriage license. The court shall forward
all completed forms to the board of elections within five days
after receiving them.
(G) A registered elector who otherwise would qualify to vote
under division (B) or (C) of this section but is unable to
appear at the office of the board or other location designated by the
board of elections or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location, on account of personal illness, physical disability, or
infirmity, may vote on the day of the election if that registered elector does
all of the following:
(1) Makes a written application that includes all of the information required under section 3509.03 of the Revised Code to the appropriate board for an absent
voter's ballot on or after the twenty-seventh day prior to
the election in which the registered elector wishes to vote through noon of
the Saturday prior to that election and requests that the absent
voter's ballot be sent to the address to which the registered elector has
moved if the registered elector has moved,
or to the address of that registered elector who has not moved
but has had a change of name;
(2) Declares that the registered elector has moved or had a change of
name, whichever is
appropriate, and otherwise is qualified to vote under the circumstances
described in division (B) or (C) of this section, whichever
is appropriate, but that the registered elector is unable to appear at the
board or other
location designated by the board of elections because of personal illness, physical
disability, or infirmity;
(3) Completes and returns along with the completed absent voter's ballot
a notice of change of residence indicating the address to which the registered
elector has moved, or a notice of change of name, whichever is appropriate;
(4) Completes and signs, under penalty of election falsification, a
statement attesting that the registered elector has moved or had a change of
name on or prior to the day before the election, has voted by absent voter's
ballot because
of personal illness, physical disability, or infirmity that prevented
the registered elector from appearing at the board or other location
designated by the board of elections, and will not vote or attempt to vote at any other
location or by absent voter's ballot mailed to any other location or address
for that particular election.
Sec. 3503.19. (A) Persons qualified to register or to
change their registration because of a change of address or
change of name may register or change their registration in
person at any state or local office of a designated agency, at
the office of the registrar or any deputy registrar of motor
vehicles, at a public high school or vocational
school, at a public library, at the office of a county treasurer,
or at a branch office established by
the board of elections, or in person, through another person, or
by mail at the office of the secretary of state or at the office of a board
of elections. A registered elector may also change the
elector's registration on election day at any polling place where the
elector is eligible to vote,
on election day in the manner provided under section 3503.16 of the Revised Code.
Any state or local office of a designated agency, the office
of the registrar or any deputy registrar of motor vehicles, a public
high school or vocational school, a public library, or the office of a county
treasurer shall transmit
any voter registration application or change of
registration form that it receives to the board of elections of
the county in which the state or local office
is located, within five days after receiving the
voter registration application or change of registration form.
An otherwise valid voter registration application that is
returned to the appropriate office other than by mail must be
received by a state or local office of a designated agency, the
office of the registrar or any deputy registrar of motor
vehicles, a public high school or vocational school, a public
library, the office of a county treasurer, the office of the secretary of
state, or the office of
a board of elections no later than the thirtieth day preceding a
primary, special, or general election for the person to qualify
as an elector eligible to vote at that election. An otherwise
valid registration application received after that day entitles
the elector to vote at all subsequent elections.
Any state or local office of a designated agency, the
office of the registrar or any deputy registrar of motor vehicles, a
public high school or vocational school, a public library, or the office of a
county treasurer shall date stamp a registration application or change of
name or
change of address form it receives using a date stamp that does
not disclose the identity of the state or local office that receives the
registration.
Voter registration applications, if otherwise valid, that
are returned by mail to the office of the secretary of state or to the
office of
a board of elections must be postmarked no later than the
thirtieth day preceding a primary, special, or general election
in order for the person to qualify as an elector eligible to vote
at that election. If an otherwise valid voter registration
application that is returned by mail does not bear a postmark or
a legible postmark, the registration shall be valid for that
election if received by the office of the secretary of state or the
office of a
board of elections no later than twenty-five days preceding any
special, primary, or general election.
(B)(1) Any person may apply in person,
by telephone, by mail, or through another person for voter
registration forms to the office of the secretary of state or the
office of a board of elections. Completed
(2)(a) An applicant may return the applicant's completed registration forms may
be returned form in person or through another person or by mail to any state or
local office of a designated agency, to a public high school or
vocational school, to a public library, or to the office of a county
treasurer, or in person, through
another person, or by mail to the office of the secretary of
state, or to the office of a board of elections.
(b) Subject to division (B)(2)(c) of this section, an applicant may return the applicant's completed registration form through another person to any board of elections or the office of the secretary of state.
(c) A person who receives compensation for registering a voter shall return any registration form entrusted to that person by an applicant to any board of elections or to the office of the secretary of state.
(d) If a board of elections or the office of the secretary of state receives a registration form under division (B)(2)(b) or (c) of this section before the thirtieth day before an election, the board or the office of the secretary of state, as applicable, shall forward the registration to the board of elections of the county in which the applicant is seeking to register to vote within ten days after receiving the application. If a board of elections or the office of the secretary of state receives a registration form under division (B)(2)(b) or (c) of this section on or after the thirtieth day before an election, the board or the office of the secretary of state, as applicable, shall forward the registration to the board of elections of the county in which the applicant is seeking to register to vote within thirty days after that election.
(C)(1) A board of elections that receives a voter
registration application and is satisfied as to the truth of the
statements made in the registration form shall register the
applicant and not later than twenty business days after receiving the application, unless that application is received during the thirty days immediately preceding the day of an election. The board shall promptly notify the applicant in writing of each of
the following:
(a) The applicant's registration and the;
(b) The precinct in which the
applicant is to vote. The;
(c) In bold type as follows:
"Voters must bring identification to the polls in order to verify identity. Identification may include a current and valid photo identification, a military identification that shows the voter's name and current address, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than this notification or a notification of an election mailed by a board of elections, that shows the voter's name and current address. Voters who do not provide one of these documents will still be able to vote by providing the last four digits of the voter's social security number and by casting a provisional ballot. Voters who do not have any of the above forms of identification, including a social security number, will still be able to vote by signing an affirmation swearing to the voter's identity under penalty of election falsification and by casting a provisional ballot."
The notification shall be by
nonforwardable mail, and if. If the mail is returned to the board, it
shall investigate and cause the notification to be delivered to
the correct address; or if it determines that the voter is not
eligible to vote for residency reasons it shall cancel the
registration and notify the registrant, at the last known
address, of a need to reregister. If the board does not accept
the application for registration, it shall immediately notify the
applicant of the reasons for rejecting the application and
request the applicant to provide whatever information or
verification is necessary to complete the application.
(2) If, after investigating as required under division (C)(1) of this section, the board is unable to verify the voter's correct address, it shall cause the voter's name in the official registration list and in the poll list or signature pollbook to be marked to indicate that the voter's notification was returned to the board.
At the first election at which a voter whose name has been so marked appears to vote, the voter shall be required to provide identification to the election officials and to vote by provisional ballot under section 3505.181 of the Revised Code. If the provisional ballot is counted pursuant to division (B)(3) of section 3505.183 of the Revised Code, the board shall correct that voter's registration, if needed, and shall remove the indication that the voter's notification was returned from that voter's name on the official registration list and on the poll list or signature pollbook. If the provisional ballot is not counted pursuant to division (B)(4)(a)(i), (v), or (vi) of section 3505.183 of the Revised Code, the voter's registration shall be canceled. The board shall notify the voter by United States mail of the cancellation.
(3) If a notice of the disposition of an otherwise valid mail
registration application is sent by nonforwardable mail and is
returned undelivered, the person shall be registered as provided in division (C)(2) of this section and sent a
confirmation notice by forwardable mail. If the person fails to
respond to the confirmation notice, update the person's
registration, or vote by provisional ballot as provided in division (C)(2) of this section in any election during the period of two federal
elections subsequent to the mailing of the confirmation notice, the person's
registration shall be canceled.
Sec. 3503.21. (A) The registration of a registered
elector shall be canceled upon the occurrence of any of the
following:
(1) The filing by a registered elector of a written
request with a board of elections, on a form prescribed by the
secretary of state and signed by the elector, that his the
registration be canceled. The filing of such a request does not
prohibit an otherwise qualified elector from reregistering to
vote at any time.
(2) The filing of a notice of the death of the registered
elector as provided in section 3503.18 of the Revised Code;
(3) The conviction of the registered elector of a felony
under the laws of this state, any other state, or the United
States as provided in section 2961.01 of the Revised Code;
(4) The adjudication of incompetency of the registered
elector for the purpose of voting as provided in section 5122.301
of the Revised Code;
(5) The change of residence of the registered elector to a
location outside the county of registration in accordance with
division (B) of this section;
(6) The failure of the registered elector, after he has having
been mailed a confirmation notice, to do either of the following:
(a) Respond to such a notice and vote at least once during
a period of four consecutive years, which period shall include
two general federal elections;
(b) Update his the elector's registration and vote at least
once during
a period of four consecutive years, which period shall include
two general federal elections.
(B)(1) The secretary of state shall prescribe procedures to
identify and cancel the registration in a prior county of
residence of any registrant who changes his the registrant's
voting residence to a
location outside his the registrant's current county of
registration. Any
procedures prescribed in this division shall be uniform and
nondiscriminatory, and shall comply with the Voting Rights Act of
1965. The secretary of state may prescribe procedures under this
division that include the use of the national change of address
service provided by the United States postal system through its
licensees. Any program so prescribed shall be completed not
later than ninety days prior to the date of any primary or
general election for federal office.
(2) The registration of any elector identified as having
changed his the elector's voting residence to a location outside
his the elector's current
county of registration shall not be canceled unless the
registrant is sent a confirmation notice on a form prescribed by
the secretary of state and the registrant fails to respond to the
confirmation notice or otherwise update his the registration and
fails to vote in any election during the period of two federal
elections subsequent to the mailing of the confirmation notice.
(C) The registration of a registered elector shall not be
canceled except as provided in this section, division (Q) of section 3501.05 of the Revised Code, division (C)(2) of section 3503.19 of the Revised Code, or division (C) of section 3503.24 of the Revised Code.
(D) Boards of elections shall send their voter
registration lists information to the secretary of state semiannually as required under section 3503.15 of the Revised Code. In
the first quarter of each odd-numbered year, the secretary of
state shall send the information contained in these lists to the
national change of address service described in division (B) of
this section and request that service to provide the secretary of
state with a list of any voters on the lists sent by the
secretary of state who have moved within the last thirty-six
months. The secretary of state shall transmit to each
appropriate board of elections whatever lists he the secretary of
state receives from
that service. The board shall send a notice to each person on
the list transmitted by the secretary of state requesting
confirmation of the person's change of address, together with a
postage prepaid, preaddressed return envelope containing a form
on which the voter may verify or correct the change of address
information.
(E) The registration of a registered elector described in division (A)(6) or (B)(2) of this section shall be canceled not later than one hundred twenty days after the date of the second general federal election in which the elector fails to vote or not later than one hundred twenty days after the expiration of the four-year period in which the elector fails to vote or respond to a confirmation notice, whichever is later.
Sec. 3503.23. (A) At least fifteen Fourteen days before an election, the
board of elections shall cause to be prepared from the registration cards statewide voter registration database established under section 3503.15 of the Revised Code a
complete and official registration list for each precinct,
containing the names, addresses, and political party whose ballot
the elector voted in the most recent primary election within the
current year and the immediately preceding two calendar
years, of all
qualified registered voters in the precinct. All the names,
insofar as practicable, shall be arranged either in alphabetical
order, or in geographical order according to streets in the
precincts. All the The lists shall may be prepared either in sheet form and on
one side of the paper or in electronic form, at the discretion of the board. Each precinct list shall be headed
"Register of Voters," and under the heading shall be indicated
the district or ward and precinct followed by the statement:
"Any voter of the county on or before the seventh day prior
to the election may file with the board of elections at the
board's offices located at ................. objections to the
registration of any person on this list who, he has
reason to
believe, is not eligible to vote, or a request for the addition
to the list of registered voters whose names have been omitted or
who have been erroneously dropped from the registration list of
the precinct.".
Appended to each precinct list shall be attached the names
of the members of the board and the name of the director. A
sufficient number of such lists may shall be provided for distribution to the
candidates, political parties, or organized groups that apply for them. The
board shall
have each precinct list available at the board for viewing
by the
public during normal business hours. The
board shall ensure that, by the opening of the polls on the day of a
general or primary election, each precinct has a paper copy of the registration list
of voters in that precinct.
(B) On the day
of a general or primary election, precinct
election officials shall do both of the following:
(1) By the time the polls open, conspicuously post and display at the
polling place one copy of the registration list of voters in that precinct in an area of the polling place that is easily accessible;
(2) At 11 a.m. and 4 p.m. place a mark, on
the official registration list posted at the polling place,
before the name of those registered voters who have voted.
(C) Notwithstanding division (B) of section 3501.35 of the Revised Code, any person may enter the polling place for the sole purpose of reviewing the official registration list posted in accordance with division (B) of this section, provided that the person does not engage in conduct that would constitute harassment in violation of the election law, as defined in section 3501.90 of the Revised Code.
Sec. 3503.24. (A) Application for the correction of any
precinct registration list or a challenge of the right to vote of
any registered elector may be made by any qualified elector of
the county at the office of the board of elections not later than
eleven twenty days prior to the election. The
applications or challenges,
with the reasons for the application or challenge,
shall be filed with the board on a
form prescribed by the secretary of state and shall be signed
under penalty of election falsification.
(B) On receiving an application or challenge filed under this
section, the board of elections promptly shall review the board's records. If the board is able to determine that an application or challenge should be granted or denied solely on the basis of the records maintained by the board, the board immediately shall vote to grant or deny that application or challenge.
If the board is not able to determine whether an application or challenge should be granted or denied solely on the basis of the records maintained by the board, the director shall promptly set a time and date for a
hearing before the board. The Except as otherwise provided in division (D) of this section, the hearing shall be held, and the application or challenge shall be decided, no later
than two ten days prior to any election after the board receives the application or challenge. The director shall send
written notice to any elector whose right to vote is challenged
and to any person whose name is alleged to have been omitted from
a registration list. The notice shall inform the person of the
time and date of the hearing, and of the person's right to
appear and
testify, call witnesses, and be represented by counsel. The
notice shall be sent by first class mail no later than three days
before the day of any scheduled hearing. The director shall also
provide the person who filed the application or challenge with
such written notice of the date and time of the hearing.
At the request of either party or any member of the board,
the board shall issue subpoenas to witnesses to appear and
testify before the board at a hearing held under this section.
All witnesses shall testify under oath. The board shall reach a
decision on all applications and challenges immediately after
hearing.
(C) If the board decides that any such person is not entitled
to have the person's name on the registration list,
the person's name shall be
removed from the list and the
person's registration forms canceled. If the
board decides that the name of any such person should appear on
such the registration list, it shall be added thereto to the list, and the
person's registration forms placed in the proper registration files. All
such corrections and additions shall be made on a copy of the
precinct lists, which shall constitute the poll lists, to be
furnished to the respective precincts with other election
supplies on the day preceding the election, to be used by the
clerks election officials in receiving the signatures of voters and in checking
against the registration forms.
(D)(1) If an application or challenge for which a hearing is required to be conducted under division (B) of this section is filed after the thirtieth day before the day of an election, the board of elections, in its discretion, may postpone that hearing and any notifications of that hearing until after the day of the election. Any hearing postponed under this division shall be conducted not later than ten days after the day of the election.
(2) The board of elections shall cause the name of any registered elector whose registration is challenged and whose challenge hearing is postponed under division (D)(1) of this section to be marked in the official registration list and in the poll list or signature pollbook for that elector's precinct to indicate that the elector's registration is subject to challenge.
(3) Any elector who is the subject of an application or challenge hearing that is postponed under division (D)(1) of this section shall be permitted to vote a provisional ballot under section 3505.181 of the Revised Code. The validity of a provisional ballot cast pursuant to this section shall be determined in accordance with section 3505.183 of the Revised Code, except that no such provisional ballot shall be counted unless the hearing conducted under division (B) of this section after the day of the election results in the elector's inclusion in the official registration list.
Sec. 3503.28. (A) The secretary of state shall develop an information brochure regarding voter registration. The brochure shall include, but is not limited to, all of the following information:
(1) The applicable deadlines for registering to vote or for returning an applicant's completed registration form;
(2) The applicable deadline for returning an applicant's completed registration form if the person returning the form is being compensated for registering voters;
(3) The locations to which a person may return an applicant's completed registration form;
(4) The location to which a person who is compensated for registering voters may return an applicant's completed registration form;
(5) The registration and affirmation requirements applicable to persons who are compensated for registering voters under section 3503.29 of the Revised Code;
(6) A notice, which shall be written in bold type, stating as follows:
"Voters must bring identification to the polls in order to verify identity. Identification may include a current and valid photo identification, a military identification that shows the voter's name and current address, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election or a voter registration notification sent by a board of elections, that shows the voter's name and current address. Voters who do not provide one of these documents will still be able to vote by providing the last four digits of the voter's social security number and by casting a provisional ballot. Voters who do not have any of the above forms of identification, including a social security number, will still be able to vote by signing an affirmation swearing to the voter's identity under penalty of election falsification and by casting a provisional ballot."
(B) Except as otherwise provided in division (D) of this section, a board of elections, designated agency, public high school, public vocational school, public library, office of a county treasurer, or deputy registrar of motor vehicles shall distribute a copy of the brochure developed under division (A) of this section to any person who requests more than two voter registration forms at one time.
(C)(1) The secretary of state shall provide the information required to be included in the brochure developed under division (A) of this section to any person who prints a voter registration form that is made available on a web site of the office of the secretary of state.
(2) If a board of elections operates and maintains a web site, the board shall provide the information required to be included in the brochure developed under division (A) of this section to any person who prints a voter registration form that is made available on that web site.
(D) A board of elections shall not be required to distribute a copy of a brochure under division (B) of this section to any of the following officials or employees who are requesting more than two voter registration forms at one time in the course of the official's or employee's normal duties:
(1) An election official;
(3) A deputy registrar of motor vehicles;
(4) An employee of a designated agency;
(5) An employee of a public high school;
(6) An employee of a public vocational school;
(7) An employee of a public library;
(8) An employee of the office of a county treasurer;
(9) An employee of the bureau of motor vehicles;
(10) An employee of a deputy registrar of motor vehicles;
(11) An employee of an election official.
(E) As used in this section, "registering voters" includes any effort, for compensation, to provide voter registration forms or to assist persons in completing or returning those forms.
Sec. 3503.29. (A) The secretary of state shall develop and make available through a web site of the office of the secretary of state a training program for any person who receives or expects to receive compensation for registering a voter. The secretary of state shall specify, by rule adopted pursuant to Chapter 119. of the Revised Code, the information to be included in the online training program developed under this division.
(B) Except as otherwise provided in division (E) of this section, the secretary of state, by rules adopted pursuant to Chapter 119. of the Revised Code, shall prescribe a program under which the secretary of state shall register any person who receives or expects to receive compensation for registering a voter in this state.
(C) Except as otherwise provided in division (E) of this section, in each year in which a person receives or expects to receive compensation for registering a voter, that person, prior to registering a voter, shall do all of the following:
(1) Register with the secretary of state in accordance with the program prescribed under division (B) of this section;
(2) Complete the training program established by the secretary of state under division (A) of this section.
(3) Sign an affirmation that includes all of the following:
(b) The person's date of birth;
(c) The person's permanent address;
(d) The name of each county in which the person expects to register voters;
(e) A statement that the person has registered, as required under division (C)(1) of this section, with the secretary of state;
(f) A statement that the person has completed the training program required under division (C)(2) of this section;
(g) A statement that the person will follow all applicable laws of this state while registering voters.
(D) Except as otherwise provided in division (E) of this section, each time a person who receives or expects to receive compensation for registering a voter submits a completed registration form that has been entrusted to that person to a board of elections, the person also shall submit, with the voter registration form, a copy of the affirmation signed by the person under division (C)(3) of this section. A single copy of the signed affirmation may be submitted with all voter registration forms that are returned by that person at one time.
(E) None of the following officials or employees who are registering voters in the course of the official's or employee's normal duties shall be required to comply with divisions (C) and (D) of this section:
(1) An election official;
(3) A deputy registrar of motor vehicles;
(4) An employee of a designated agency;
(5) An employee of a public high school;
(6) An employee of a public vocational school;
(7) An employee of a public library;
(8) An employee of the office of a county treasurer;
(9) An employee of the bureau of motor vehicles;
(10) An employee of a deputy registrar of motor vehicles;
(11) An employee of an election official.
(F) As used in this section, "registering a voter" and "registering voters" includes any effort, for compensation, to provide voter registration forms or to assist persons in completing or returning those forms.
Sec. 3505.062. The Ohio ballot board shall
do all of the
following:
(A) Examine, within ten days after its receipt, each written initiative petition received from the attorney general under section 3519.01 of the Revised Code to determine whether it contains only one proposed law or constitutional amendment so as to enable the voters to vote on a proposal separately. If the board so determines, it shall certify its approval to the attorney general, who then shall file with the secretary of state in accordance with division (A) of section 3519.01 of the Revised Code a verified copy of the proposed law or constitutional amendment together with its summary and the attorney general's certification of it.
If the board determines that the initiative petition contains more than one proposed law or constitutional amendment, the board shall divide the initiative petition into individual petitions containing only one proposed law or constitutional amendment so as to enable the voters to vote on each proposal separately and certify its approval to the attorney general. If the board so divides an initiative petition and so certifies its approval to the attorney general, the petitioners shall resubmit to the attorney general appropriate summaries for each of the individual petitions arising from the board's division of the initiative petition, and the attorney general then shall review the resubmissions as provided in division (A) of section 3519.01 of the Revised Code.
(B) Prescribe the ballot language for constitutional
amendments proposed by
the general assembly to be printed on the
questions and issues ballot, which
language shall properly
identify the substance of the proposal to be voted
upon;
(B)(C) Prepare an explanation of each
constitutional amendment
proposed by the general assembly,
which
explanation may include
the purpose and effects of the proposed amendment;
(C)(D) Certify the ballot language and explanation, if any, to
the secretary of
state no later than
eighty seventy-five days
before the election at which the
proposed question or issue is to
be submitted
to the voters;
(D)(E)
Prepare, or designate a group of persons to prepare,
arguments in support of or in opposition to a constitutional
amendment proposed by a resolution of the general assembly, a
constitutional amendment or state law proposed by initiative
petition,
or a state law, or section or item of state law, subject
to a referendum
petition, if the persons otherwise responsible for
the preparation
of those arguments fail to timely prepare and file
them;
(E)(F) Direct the means by which the secretary of state shall
disseminate
information concerning proposed
constitutional
amendments to the voters;
(F)(G) Direct the
chairperson to reimburse county
boards
of elections
for public notice costs associated with
statewide ballot issues, to the extent
that the general assembly
appropriates money for
that purpose.
Sec. 3505.063. (A) When the general assembly adopts a
resolution proposing a constitutional amendment, it
may, by
resolution, designate a group of members who voted in support of
the resolution to prepare arguments for the proposed amendment,
and a group of members who voted in opposition to the resolution
to prepare arguments against the proposed amendment. If no
members voted in opposition to the resolution,
or if the general
assembly chooses not to designate a group of members to prepare
arguments for the proposed amendment or chooses not to designate a
group of members to prepare arguments against the proposed
amendment, the Ohio ballot
board
shall prepare
or
designate a group of
persons to prepare
the
relevant arguments. All
arguments
prepared under this division
shall be filed with the
secretary of state no not later
than
seventy-five eighty days before the date
of the election. No
argument
shall exceed three hundred words.
(B)(1) If the group of members of the general assembly or
other group of persons designated under division (A) of this
section fail to prepare and file their arguments in support of or
in opposition to the proposed amendment by the seventy-fifth eightieth day
before the date of the election, the secretary of state shall
notify the Ohio ballot board that those arguments have not been so
prepared and filed. The board then shall prepare the missing
arguments or designate a group of persons to prepare those
arguments. All arguments prepared under this division shall be
filed with the secretary of state no not later than seventy seventy-five days
before the date of the election. No argument shall exceed three
hundred words.
(2) If the Ohio ballot board fails to provide for the
preparation of missing arguments under division (B)(1) of this
section after being notified by the secretary of state that one or
more arguments have not been timely prepared and filed, the
positions of the four appointed members of the board shall be
considered vacant, and new members shall be appointed in the
manner provided for original appointments.
(C) The secretary of state shall disseminate information,
which may include part or all of the official explanation and
arguments concerning proposed amendments, by means of direct mail
or other written publication, broadcast, or
other means or
combination of means, as the Ohio ballot board may direct, in
order to inform the voters as fully as possible concerning
proposed amendments.
Sec. 3505.16. Before the opening of the polls, the package of supplies and
the ballot boxes shall be opened in the presence of the precinct officials.
The ballot boxes, the package of ballots, registration forms, and other
supplies shall at all times be in full sight of the challenger or witnesses observers,
and no ballot box or unused ballots during the balloting or counting shall be
removed or screened from their full sight until the counting has been closed
and the final returns completed and the certificate signed by the judges and
clerks.
Sec. 3505.18. (A)(1) When an elector appears in a polling place
to vote he, the elector shall announce his to the precinct election officials the
elector's full name and current address to the
precinct election officials. He and provide proof of the elector's identity in the form of a current and valid photo identification, a military identification that shows the voter's name and current address, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the name and current address of the elector. If the elector provides either a driver's license or a state identification card issued under section 4507.50 of the Revised Code that does not contain the elector's current residence address, the elector shall provide the last four digits of the elector's driver's license number or state identification card number, and the precinct election official shall mark the poll list or signature pollbook to indicate that the elector has provided a driver's license or state identification card number with a former address and record the last four digits of the elector's driver's license number or state identification card number.
(2) If an elector has but is unable to provide to the precinct election officials any of the forms of identification required under division (A)(1) of this section, but has a social security number, the elector may provide the last four digits of the elector's social security number. Upon providing the social security number information, the elector may cast a provisional ballot under section 3505.181 of the Revised Code, the envelope of which ballot shall include that social security number information.
(3) If an elector has but is unable to provide to the precinct election officials any of the forms of identification required under division (A)(1) of this section and if the elector has a social security number but is unable to provide the last four digits of the elector's social security number, the elector may cast a provisional ballot under section 3505.181 of the Revised Code.
(4) If an elector does not have any of the forms of identification required under division (A)(1) of this section and cannot provide the last four digits of the elector's social security number because the elector does not have a social security number, the elector may execute an affirmation under penalty of election falsification that the elector cannot provide the identification required under that division or the last four digits of the elector's social security number for those reasons. Upon signing the affirmation, the elector may cast a provisional ballot under section 3505.181 of the Revised Code. The secretary of state shall prescribe the form of the affirmation, which shall include spaces for all of the following:
(b) The elector's address;
(d) The elector's date of birth;
(e) The elector's signature.
(5) If an elector does not have any of the forms of identification required under division (A)(1) of this section and cannot provide the last four digits of the elector's social security number because the elector does not have a social security number, and if the elector declines to execute an affirmation under division (A)(4) of this section, the elector may cast a provisional ballot under section 3505.181 of the Revised Code, the envelope of which ballot shall include the elector's name.
(6) If an elector has but declines to provide to the precinct election officials any of the forms of identification required under division (A)(1) of this section or the elector has a social security number but declines to provide to the precinct election officials the last four digits of the elector's social security number, the elector may cast a provisional ballot under section 3505.181 of the Revised Code.
(B) After the elector has announced the elector's full name and current address and provided any of the forms of identification required under division (A)(1) of this section, the elector shall then write
his the elector's name and
address at the proper place in the poll lists list or signature
pollbooks pollbook provided therefor for the purpose, except that if, for any reason, an
elector shall be is unable to write his the elector's name and current
address in the poll
list or signature pollbook, the elector may make his the
elector's mark at the
place intended for his the elector's name, and a precinct election
official shall write
the name of the elector at the proper place on the poll list or
signature pollbook following the elector's mark, upon the
presentation of proper identification. The making of such a mark
shall be attested by the precinct election official, who shall evidence the
same by signing his the precinct election official's name on the poll
list or signature pollbook
as a witness to such the mark. Alternatively, if applicable, an attorney in fact acting pursuant to section 3501.382 of the Revised Code may sign the elector's signature in the poll list or signature pollbook in accordance with that section.
The elector's signature in the poll lists list or signature
pollbooks shall pollbook then shall be compared with his the elector's
signature on his the elector's
registration form or a digitized signature list as provided for
in section 3503.13 of the Revised Code, and if, in the opinion of
a majority of the precinct election officials, the signatures are
the signatures of the same person, the clerks election officials shall enter the
date of the election on the registration form or shall record the
date by such other means as may be prescribed by the secretary of
state. If The validity of an attorney in fact's signature on behalf of an elector shall be determined in accordance with section 3501.382 of the Revised Code.
If the right of the elector to vote is not then
challenged, or, if being challenged, he the elector establishes
his the elector's right to
vote, he the elector shall be allowed to proceed into to use the voting
machine. If
voting machines are not being used in that precinct, the judge in
charge of ballots shall then detach the next ballots to be issued
to the elector from Stub B attached to each ballot, leaving Stub
A attached to each ballot, hand the ballots to the elector, and
call his the elector's name and the stub number on each of the
ballots. The
clerk judge shall enter the stub numbers opposite the signature of the
elector in the pollbook. The elector shall then retire to one of
the voting compartments to mark his the elector's ballots. No
mark shall be
made on any ballot which would in any way enable any person to
identify the person who voted the ballot.
Sec. 3505.181. (A) All of the following individuals shall be permitted to cast a provisional ballot at an election:
(1) An individual who declares that the individual is a registered voter in the jurisdiction in which the individual desires to vote and that the individual is eligible to vote in an election, but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official asserts that the individual is not eligible to vote;
(2) An individual who has a social security number and provides to the election officials the last four digits of the individual's social security number as permitted by division (A)(2) of section 3505.18 of the Revised Code;
(3) An individual who has but is unable to provide to the election officials any of the forms of identification required under division (A)(1) of section 3505.18 of the Revised Code and who has a social security number but is unable to provide the last four digits of the individual's social security number as permitted under division (A)(2) of that section;
(4) An individual who does not have any of the forms of identification required under division (A)(1) of section 3505.18 of the Revised Code, who cannot provide the last four digits of the individual's social security number under division (A)(2) of that section because the individual does not have a social security number, and who has executed an affirmation as permitted under division (A)(4) of that section;
(5) An individual whose name in the poll list or signature pollbook has been marked under section 3509.09 or 3511.13 of the Revised Code as having requested an absent voter's ballot or an armed service absent voter's ballot for that election and who appears to vote at the polling place;
(6) An individual whose notification of registration has been returned undelivered to the board of elections and whose name in the official registration list and in the poll list or signature pollbook has been marked under division (C)(2) of section 3503.19 of the Revised Code;
(7) An individual who is challenged under section 3505.20 of the Revised Code and the election officials determine that the person is ineligible to vote or are unable to determine the person's eligibility to vote;
(8) An individual whose application or challenge hearing has been postponed until after the day of the election under division (D)(1) of section 3503.24 of the Revised Code;
(9) An individual who changes the individual's name and remains within the precinct, moves from one precinct to another within a county, moves from one precinct to another and changes the individual's name, or moves from one county to another within the state, and completes and signs the required forms and statements under division (B) or (C) of section 3503.16 of the Revised Code;
(10) An individual whose signature, in the opinion of the precinct officers under section 3505.22 of the Revised Code, is not that of the person who signed that name in the registration forms;
(11) An individual who is challenged under section 3513.20 of the Revised Code who refuses to make the statement required under that section, who a majority of the precinct officials find lacks any of the qualifications to make the individual a qualified elector, or who a majority of the precinct officials find is not affiliated with or a member of the political party whose ballot the individual desires to vote;
(12) An individual who does not have any of the forms of identification required under division (A)(1) of section 3505.18 of the Revised Code, who cannot provide the last four digits of the individual's social security number under division (A)(2) of that section because the person does not have a social security number, and who declines to execute an affirmation as permitted under division (A)(4) of that section;
(13) An individual who has but declines to provide to the precinct election officials any of the forms of identification required under division (A)(1) of section 3501.18 of the Revised Code or who has a social security number but declines to provide to the precinct election officials the last four digits of the individual's social security number.
(B) An individual who is eligible to cast a provisional ballot under division (A) of this section shall be permitted to cast a provisional ballot as follows:
(1) An election official at the polling place shall notify the individual that the individual may cast a provisional ballot in that election.
(2) The individual shall be permitted to cast a provisional ballot at that polling place upon the execution of a written affirmation by the individual before an election official at the polling place stating that the individual is both of the following:
(a) A registered voter in the jurisdiction in which the individual desires to vote;
(b) Eligible to vote in that election.
(3) An election official at the polling place shall transmit the ballot cast by the individual, the voter information contained in the written affirmation executed by the individual under division (B)(2) of this section, or the individual's name if the individual declines to execute such an affirmation to an appropriate local election official for verification under division (B)(4) of this section.
(4) If the appropriate local election official to whom the ballot or voter or address information is transmitted under division (B)(3) of this section determines that the individual is eligible to vote, the individual's provisional ballot shall be counted as a vote in that election.
(5)(a) At the time that an individual casts a provisional ballot, the appropriate local election official shall give the individual written information that states that any individual who casts a provisional ballot will be able to ascertain under the system established under division (B)(5)(b) of this section whether the vote was counted, and, if the vote was not counted, the reason that the vote was not counted.
(b) The appropriate state or local election official shall establish a free access system, in the form of a toll-free telephone number, that any individual who casts a provisional ballot may access to discover whether the vote of that individual was counted, and, if the vote was not counted, the reason that the vote was not counted. The free access system established under this division also shall provide to an individual whose provisional ballot was not counted information explaining how that individual may contact the board of elections to register to vote or to resolve problems with the individual's voter registration.
The appropriate state or local election official shall establish and maintain reasonable procedures necessary to protect the security, confidentiality, and integrity of personal information collected, stored, or otherwise used by the free access system established under this division. Access to information about an individual ballot shall be restricted to the individual who cast the ballot.
(6) If, at the time that an individual casts a provisional ballot, the individual provides identification in the form of a current and valid photo identification, a military identification that shows the voter's name and current address, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the individual's name and current address, or provides the last four digits of the individual's social security number, or executes an affirmation that the elector does not have any of those forms of identification or the last four digits of the individual's social security number because the individual does not have a social security number, or declines to execute such an affirmation, the appropriate local election official shall record the type of identification provided, the social security number information, the fact that the affirmation was executed, or the fact that the individual declined to execute such an affirmation and include that information with the transmission of the ballot or voter or address information under division (B)(3) of this section. If the individual declines to execute such an affirmation, the appropriate local election official shall record the individual's name and include that information with the transmission of the ballot under division (B)(3) of this section.
(7) If an individual casts a provisional ballot pursuant to division (A)(3), (7), (8), (12), or (13) of this section, the election official shall indicate, on the provisional ballot verification statement required under section 3505.182 of the Revised Code, that the individual is required to provide additional information to the board of elections or that an application or challenge hearing has been postponed with respect to the individual, such that additional information is required for the board of elections to determine the eligibility of the individual who cast the provisional ballot.
(8) During the ten days after the day of an election, an individual who casts a provisional ballot pursuant to division (A)(3), (7), (12), or (13) of this section shall appear at the office of the board of elections and provide to the board any additional information necessary to determine the eligibility of the individual who cast the provisional ballot.
(a) For a provisional ballot cast pursuant to division (A)(3), (12), or (13) of this section to be eligible to be counted, the individual who cast that ballot, within ten days after the day of the election, shall do any of the following:
(i) Provide to the board of elections proof of the individual's identity in the form of a current and valid photo identification, a military identification that shows the voter's name and current address, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the individual's name and current address;
(ii) Provide to the board of elections the last four digits of the individual's social security number;
(iii) In the case of a provisional ballot executed pursuant to division (A)(12) of this section, execute an affirmation as permitted under division (A)(4) of section 3505.18 of the Revised Code.
(b) For a provisional ballot cast pursuant to division (A)(7) of this section to be eligible to be counted, the individual who cast that ballot, within ten days after the day of that election, shall provide to the board of elections any identification or other documentation required to be provided by the applicable challenge questions asked of that individual under section 3505.20 of the Revised Code.
(C)(1) If an individual declares that the individual is eligible to vote in a jurisdiction other than the jurisdiction in which the individual desires to vote, or if, upon review of the precinct voting location guide using the residential street address provided by the individual, an election official at the polling place at which the individual desires to vote determines that the individual is not eligible to vote in that jurisdiction, the election official shall direct the individual to the polling place for the jurisdiction in which the individual appears to be eligible to vote, explain that the individual may cast a provisional ballot at the current location but the ballot will not be counted if it is cast in the wrong precinct, and provide the telephone number of the board of elections in case the individual has additional questions.
(2) If the individual refuses to travel to the polling place for the correct jurisdiction or to the office of the board of elections to cast a ballot, the individual shall be permitted to vote a provisional ballot at that jurisdiction in accordance with division (B) of this section. If any of the following apply, the provisional ballot cast by that individual shall not be opened or counted:
(a) The individual is not properly registered in that jurisdiction.
(b) The individual is not eligible to vote in that election in that jurisdiction.
(c) The individual's eligibility to vote in that jurisdiction in that election cannot be established upon examination of the records on file with the board of elections.
(D) The appropriate local election official shall cause voting information to be publicly posted at each polling place on the day of each election.
(E) As used in this section and sections 3505.182 and 3505.183 of the Revised Code:
(1) "Jurisdiction" means the precinct in which a person is a legally qualified elector.
(2) "Precinct voting location guide" means either of the following:
(a) An electronic or paper record that lists the correct jurisdiction and polling place for either each specific residential street address in the county or the range of residential street addresses located in each neighborhood block in the county;
(b) Any other method that a board of elections creates that allows a precinct election official or any elector who is at a polling place in that county to determine the correct jurisdiction and polling place of any qualified elector who resides in the county.
(3) "Voting information" means all of the following:
(a) A sample version of the ballot that will be used for that election;
(b) Information regarding the date of the election and the hours during which polling places will be open;
(c) Instructions on how to vote, including how to cast a vote and how to cast a provisional ballot;
(d) Instructions for mail-in registrants and first-time voters under applicable federal and state laws;
(e) General information on voting rights under applicable federal and state laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated;
(f) General information on federal and state laws regarding prohibitions against acts of fraud and misrepresentation.
Sec. 3505.182. Each individual who casts a provisional ballot under section 3505.181 of the Revised Code shall execute a written affirmation. The form of the written affirmation shall be printed upon the face of the provisional ballot envelope and shall be substantially as follows:
"Provisional Ballot Affirmation
I, .................... (Name of provisional voter), solemnly swear or affirm that I am a registered voter in the jurisdiction in which I am voting this provisional ballot and that I am eligible to vote in the election in which I am voting this provisional ballot.
I understand that, if the above-provided information is not fully completed and correct, if the board of elections determines that I am not registered to vote, a resident of this precinct, or eligible to vote in this election, or if the board of elections determines that I have already voted in this election, my provisional ballot will not be counted. I further understand that knowingly providing false information is a violation of law and subjects me to possible criminal prosecution.
I hereby declare, under penalty of election falsification, that the above statements are true and correct to the best of my knowledge and belief.
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(Signature of Voter) |
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(Voter's date of birth) |
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The last four digits of the voter's social security number |
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(To be provided if the voter is unable to provide a current and valid photo identification, a military identification that shows the voter's name and current address, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address but is able to provide these last four digits) |
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
Additional Information For Determining Ballot Validity(May be completed at voter's discretion)
Voter's current address: |
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Voter's former address if photo identification does not contain voter's current address |
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Voter's driver's license number or, if not provided above, the last four digits of voter's social security number |
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(Please circle number type) |
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(Voter may attach a copy of any of the following for identification purposes: a current and valid photo identification, a military identification that shows the voter's name and current address, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address.) |
Reason for voting provisional ballot (Check one): |
..... Requested, but did not receive, absent voter's ballot |
..... Other |
Verification Statement(To be completed by election official)The Provisional Ballot Affirmation printed above was subscribed and affirmed before me this .......... day of .......... (Month), .......... (Year).
(If applicable, the election official must check the following true statement concerning additional information needed to determine the eligibility of the provisional voter.)
...... The provisional voter is required to provide additional information to the board of elections.
...... An application or challenge hearing regarding this voter has been postponed until after the election.
(The election official must check the following true statement concerning identification provided by the provisional voter, if any.)
...... The provisional voter provided a current and valid photo identification.
...... The provisional voter provided a current valid photo identification, other than a driver's license or a state identification card, with the voter's former address instead of current address and has provided the election official both the current and former addresses.
...... The provisional voter provided a military identification that shows the voter's name and current address or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, with the voter's name and current address.
...... The provisional voter provided the last four digits of the voter's social security number.
...... The provisional voter is not able to provide a current and valid photo identification, a military identification that shows the voter's name and current address, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, with the voter's name and current address but does have one of these forms of identification. The provisional voter must provide one of the foregoing items of identification to the board of elections within ten days after the election.
..... The provisional voter is not able to provide a current and valid photo identification, a military identification that shows the voter's name and current address, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, with the voter's name and current address but does have one of these forms of identification. Additionally, the provisional voter does have a social security number but is not able to provide the last four digits of the voter's social security number before voting. The provisional voter must provide one of the foregoing items of identification or the last four digits of the voter's social security number to the board of elections within ten days after the election.
..... The provisional voter does not have a current and valid photo identification, a military identification that shows the voter's name and current address, a copy of a current utility bill, bank statement, government check, paycheck, or other government document with the voter's name and current address, or a social security number, but has executed an affirmation.
..... The provisional voter does not have a current and valid photo identification, a military identification that shows the voter's name and current address, a copy of a current utility bill, bank statement, government check, paycheck, or other government document with the voter's name and current address, or a social security number, and has declined to execute an affirmation.
..... The provisional voter declined to provide a current and valid photo identification, a military identification that shows the voter's name and current address, a copy of a current utility bill, bank statement, government check, paycheck, or other government document with the voter's name and current address, or the last four digits of the voter's social security number but does have one of these forms of identification or a social security number. The provisional voter must provide one of the foregoing items of identification or the last four digits of the voter's social security number to the board of elections within ten days after the election.
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(Signature of Election Official)" |
In addition to any information required to be included on the written affirmation, an individual casting a provisional ballot may provide additional information to the election official to assist the board of elections in determining the individual's eligibility to vote in that election, including the date and location at which the individual registered to vote, if known.
If the individual declines to execute the affirmation, an appropriate local election official shall comply with division (B)(6) of section 3505.181 of the Revised Code.
Sec. 3505.183. (A) When the ballot boxes are delivered to the board of elections from the precincts, the board shall separate the provisional ballot envelopes from the rest of the ballots. Teams of employees of the board consisting of one member of each major political party shall place the sealed provisional ballot envelopes in a secure location within the office of the board. The sealed provisional ballot envelopes shall remain in that secure location until the validity of those ballots is determined under division (B) of this section. While the provisional ballot is stored in that secure location, and prior to the counting of the provisional ballots, if the board receives information regarding the validity of a specific provisional ballot under division (B) of this section, the board may note, on the sealed provisional ballot envelope for that ballot, whether the ballot is valid and entitled to be counted.
(B)(1) To determine whether a provisional ballot is valid and entitled to be counted, the board shall examine its records and determine whether the individual who cast the provisional ballot is registered and eligible to vote in the applicable election. The board shall examine the information contained in the written affirmation executed by the individual who cast the provisional ballot under division (B)(2) of section 3505.181 of the Revised Code. If the individual declines to execute such an affirmation, the individual's name, written by either the individual or the election official at the direction of the individual, shall be included in a written affirmation in order for the provisional ballot to be eligible to be counted; otherwise, the following information shall be included in the written affirmation in order for the provisional ballot to be eligible to be counted:
(a) The individual's name and signature;
(b) A statement that the individual is a registered voter in the jurisdiction in which the provisional ballot is being voted;
(c) A statement that the individual is eligible to vote in the election in which the provisional ballot is being voted.
(2) In addition to the information required to be included in an affirmation under division (B)(1) of this section, in determining whether a provisional ballot is valid and entitled to be counted, the board also shall examine any additional information for determining ballot validity provided by the provisional voter on the affirmation, provided by the provisional voter to an election official under section 3505.182 of the Revised Code, or provided to the board of elections during the ten days after the day of the election under division (B)(8) of section 3505.181 of the Revised Code, to assist the board in determining the individual's eligibility to vote.
(3) If, in examining a provisional ballot affirmation and additional information under divisions (B)(1) and (2) of this section, the board determines that all of the following apply, the provisional ballot envelope shall be opened, and the ballot shall be placed in a ballot box to be counted:
(a) The individual named on the affirmation is properly registered to vote.
(b) The individual named on the affirmation is eligible to cast a ballot in the precinct and for the election in which the individual cast the provisional ballot.
(c) The individual provided all of the information required under division (B)(1) of this section in the affirmation that the individual executed at the time the individual cast the provisional ballot.
(d) If applicable, the individual provided any additional information required under division (B)(8) of section 3505.181 of the Revised Code within ten days after the day of the election.
(e) If applicable, the hearing conducted under division (B) of section 3503.24 of the Revised Code after the day of the election resulted in the individual's inclusion in the official registration list.
(4)(a) If, in examining a provisional ballot affirmation and additional information under divisions (B)(1) and (2) of this section, the board determines that any of the following applies, the provisional ballot envelope shall not be opened, and the ballot shall not be counted:
(i) The individual named on the affirmation is not qualified or is not properly registered to vote.
(ii) The individual named on the affirmation is not eligible to cast a ballot in the precinct or for the election in which the individual cast the provisional ballot.
(iii) The individual did not provide all of the information required under division (B)(1) of this section in the affirmation that the individual executed at the time the individual cast the provisional ballot.
(iv) The individual has already cast a ballot for the election in which the individual cast the provisional ballot.
(v) If applicable, the individual did not provide any additional information required under division (B)(8) of section 3505.181 of the Revised Code within ten days after the day of the election.
(vi) If applicable, the hearing conducted under division (B) of section 3503.24 of the Revised Code after the day of the election did not result in the individual's inclusion in the official registration list.
(vii) The individual failed to provide a current and valid photo identification, a military identification that shows the voter's name and current address, a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, with the voter's name and current address, or the last four digits of the individual's social security number or to execute an affirmation under division (A) of section 3505.18 or division (B) of section 3505.181 of the Revised Code.
(b) If, in examining a provisional ballot affirmation and additional information under divisions (B)(1) and (2) of this section, the board is unable to determine either of the following, the provisional ballot envelope shall not be opened, and the ballot shall not be counted:
(i) Whether the individual named on the affirmation is qualified or properly registered to vote;
(ii) Whether the individual named on the affirmation is eligible to cast a ballot in the precinct or for the election in which the individual cast the provisional ballot.
(C)(1) For each provisional ballot rejected under division (B)(4) of this section, the board shall record the name of the provisional voter who cast the ballot, the identification number of the provisional ballot envelope, the names of the election officials who determined the validity of that ballot, the date and time that the determination was made, and the reason that the ballot was not counted.
(2) Provisional ballots that are rejected under division (B)(4) of this section shall not be counted but shall be preserved in their provisional ballot envelopes unopened until the time provided by section 3505.31 of the Revised Code for the destruction of all other ballots used at the election for which ballots were provided, at which time they shall be destroyed.
(D) Provisional ballots that the board determines are eligible to be counted under division (B)(3) of this section shall be counted in the same manner as provided for other ballots under section 3505.27 of the Revised Code. No provisional ballots shall be counted in a particular county until the board determines the eligibility to be counted of all provisional ballots cast in that county under division (B) of this section for that election. Observers, as provided in section 3505.21 of the Revised Code, may be present at all times that the board is determining the eligibility of provisional ballots to be counted and counting those provisional ballots determined to be eligible. No person shall recklessly disclose the count or any portion of the count of provisional ballots in such a manner as to jeopardize the secrecy of any individual ballot.
(E)(1) Except as otherwise provided in division (E)(2) of this section, nothing in this section shall prevent a board of elections from examining provisional ballot affirmations and additional information under divisions (B)(1) and (2) of this section to determine the eligibility of provisional ballots to be counted during the ten days after the day of an election.
(2) A board of elections shall not examine the provisional ballot affirmation and additional information under divisions (B)(1) and (2) of this section of any provisional ballot for which an election official has indicated under division (B)(7) of section 3505.181 of the Revised Code that additional information is required for the board of elections to determine the eligibility of the individual who cast that provisional ballot until the individual provides any information required under division (B)(8) of section 3505.181 of the Revised Code, until any hearing required to be conducted under section 3503.24 of the Revised Code with regard to the provisional voter is held, or until the eleventh day after the day of the election, whichever is earlier.
Sec. 3505.19. Any person registered as an elector may be
challenged by any qualified elector as to his the registered
elector's right to vote at
any prior to the nineteenth day before the day of an election. Such qualified elector may, at any time during the
year, either by appearing in person at the office of the board of
elections, or by letter addressed to the board, challenge the
right of such registered elector to vote. Any such challenge
must state the ground upon which the challenge is made, and must
be signed by the challenger giving his the challenger's address
and voting
precinct. If, after public hearing, of which both the challenger
and challenged shall be notified, the board is satisfied, in accordance with division (B) of section 3503.24 of the Revised Code, that the
challenge is well taken, the director shall so indicate on the
registration cards and he shall so notify in writing the judges
and clerks of the precinct. If such challenged person offers to
vote at such election he, the challenged person shall be examined
as in the case of an
original challenge. If such person establishes, to the
satisfaction of the judges and clerks, that his the person's
disabilities have
been removed and that he the person has a right to vote,
he the person shall be
permitted to vote.
Sec. 3505.20. Any person offering to vote may be
challenged at the polling place by any challenger, any elector
then lawfully in the polling place, or by any judge or clerk of
elections. If the board of elections has ruled on the question
presented by a challenge prior to election day, its finding and
decision shall be final, and the presiding judge shall be notified
in writing. If the board has not ruled, the question shall be
determined as set forth in this section. If any person is so
challenged as unqualified to vote, the presiding judge shall
tender the person the following oath: "You do swear or
affirm under penalty of election falsification that you
will fully and truly answer all of the following questions put to
you, touching your place of residence and concerning your qualifications as
an elector at this election."
(A) If the person is challenged as unqualified on the
ground that the person is not a citizen, the judges shall put
the
following questions:
(1) Are you a citizen of the United States?
(2) Are you a native or naturalized citizen?
(4) What official documentation do you possess to prove your citizenship? Please provide that documentation.
If the person offering to vote claims to be a naturalized
citizen of the United States, the person shall, before the
vote is received, either produce for inspection of the judges a
certificate of naturalization and declare under oath that the
person is the identical person named therein, or state under oath when and
where the person was naturalized, that the
person has had a certificate of the person's
naturalization, and that it is lost, destroyed, or beyond the
person's power to produce to the judges in the certificate. If the person
states under
oath that, by
reason of the naturalization of the person's parents or one
of them, the person has become a citizen of the United
States, and when or where the person's parents were
naturalized, the certificate of naturalization need
not be produced. If the person is unable to provide a certificate of naturalization on the day of the election, the judges shall provide to the person, and the person may vote, a provisional ballot under section 3505.181 of the Revised Code. The provisional ballot shall not be counted unless it is properly completed and the board of elections determines that the voter is properly registered and eligible to vote in the election.
(B) If the person is challenged as unqualified on the
ground that the person has not resided in this state for
thirty days
immediately preceding the election, the judges shall put the
following questions:
(1) Have you resided in this state for thirty days
immediately preceding this election? If so, where have you
resided? Name two persons who know of your place of residence.
(2) Have you been absent from this state within the thirty
days immediately preceding this election? If yes, then the
following questions:
(a) Have you continuously resided outside this state for
a period of four years or more?
(b) Did you, while absent, look upon and regard this state
as your home?
(c) Did you, while absent, vote in any other state? Did you properly register to vote?
(3) Can you provide some form of identification containing your current mailing address in this precinct? Please provide that identification.
(4) Have you voted or attempted to vote at any other location in this or in any other state at this election?
(5) Have you applied for an absent voter's ballot in any state for this election?
If the judges are unable to verify the person's eligibility to cast a ballot in the election, the judges shall provide to the person, and the person may vote, a provisional ballot under section 3505.181 of the Revised Code. The provisional ballot shall not be counted unless it is properly completed and the board of elections determines that the voter is properly registered and eligible to vote in the election.
(C) If the person is challenged as unqualified on the
ground that the person is not a resident of the county or
precinct where
he the person offers to vote, the judges shall put the following
questions:
(1) Do you now reside in this county?
(2) Do you now reside in this precinct?
(2) When did you move into this precinct?
(3) When you came into this precinct, did you come for a
temporary purpose merely or for the purpose of making it your
home?
(4) What is your current mailing address?
(5) Do you have some official identification containing your current address in this precinct? Please provide that identification.
(6) Have you voted or attempted to vote at any other location in this or in any other state at this election?
(7) Have you applied for any absent voter's ballot in any state for this election?
The judges shall direct an individual who is not in the appropriate polling place to the appropriate polling place. If the individual refuses to go to the appropriate polling place, or if the judges are unable to verify the person's eligibility to cast a ballot in the election, the judges shall provide to the person, and the person may vote, a provisional ballot under section 3505.181 of the Revised Code. The provisional ballot shall not be counted unless it is properly completed and the board of elections determines that the voter is properly registered and eligible to vote in the election.
(D) If the person is challenged as unqualified on the
ground that the person is not of legal voting age, the judges
shall put the following question questions:
(1) Are you eighteen years of age or more to the best of your
knowledge and belief?
(2) What is your date of birth?
(3) Do you have some official identification verifying your age? Please provide that identification.
If the judges are unable to verify the person's age and eligibility to cast a ballot in the election, the judges shall provide to the person, and the person may vote, a provisional ballot under section 3505.181 of the Revised Code. The provisional ballot shall not be counted unless it is properly completed and the board of elections determines that the voter is properly registered and eligible to vote in the election.
The presiding judge shall put such other questions to the
person challenged under respective heads designated by this
section, as are necessary to test determine the person's
qualifications as an
elector at the election. If a person challenged refuses to
answer fully any question put to the person, is unable to
answer the
questions as they were answered on the registration form by the
person under whose name the person offers to vote, or refuses to
sign the person's name or make the
person's mark, or if for any other reason a majority of
the judges believes the person is not entitled to vote, the
judges shall
refuse the person a ballot. If a person is disqualified
under division
(C) of this section because the person does not now reside in
the county
or precinct, the presiding judge shall inform the person of the
person's right to vote in the person's proper county or
precinct of residence and
instruct the person to contact the appropriate board of
elections for
information concerning the location of the person's voting
precinct provide to the person, and the person may vote, a provisional ballot under section 3505.181 of the Revised Code. The provisional ballot shall not be counted unless it is properly completed and the board of elections determines that the voter is properly registered and eligible to vote in the election.
A qualified citizen who has certified the citizen's
intention to
vote
for president and vice-president as provided by Chapter 3504. of
the Revised Code shall be eligible to receive only the ballot
containing presidential and vice-presidential candidates.
The decision of said judges shall be final as to the right
of the person challenged to vote at such election.
However, prior to the nineteenth day before the day of an election and in accordance
with section 3503.24 of the Revised Code, any person qualified to
vote may challenge the right of any other person to be registered
as a voter, or the right to cast an absent voter's ballot, or to
make application for such ballot. Such challenge shall be made
in accordance with section 3503.24 of the Revised Code, and the
board of elections of the county in which the voting residence of
the challenged voter is situated shall make a final determination
relative to the legality of such registration or application.
Sec. 3505.21. At any primary, special, or general
election, any political party supporting candidates to be voted
upon at such election and any group of five or more candidates
may appoint to the board of elections or to any of the polling places precincts in the county or city
one person, a qualified elector, who shall serve as challenger observer
for such party or such candidates during the casting of the
ballots, and one person, a qualified elector, who shall serve as
witness during the counting of the ballots; provided that one
such person separate observers may be appointed to serve as both challenger and
witness during the casting and during the counting of the ballots. No candidate, no uniformed peace officer as defined by
section 2935.01 of the Revised Code, no uniformed state highway
patrol trooper, no uniformed member of any fire department, no
uniformed member of the armed services, no uniformed member of
the organized militia, no person wearing any other uniform, and no
person carrying a firearm or other deadly weapon shall serve as a
witness or challenger an observer, nor shall any candidate be represented by
more than one challenger and one witness observer at any one polling place precinct
except that a candidate who is a member of a party controlling
committee, as defined in section 3517.03 of the Revised Code, may
serve as a witness or challenger an observer. Any political party or group
of candidates appointing witnesses or challengers observers shall notify
the board of elections of the names and addresses of its
appointees and the polling places precincts at which they shall serve.
Notification shall take place not less than eleven days before
the election on forms prescribed by the secretary of state and
may be amended by filing an amendment with the board of elections
at any time until four p.m. of the day before the election. The
challenger and witness observer serving on behalf of a political party
shall be appointed in writing by the chairman chairperson and
secretary of
the respective controlling party committees committee. Challengers and
witnesses Observers serving for any five or more candidates shall have
their certificates signed by such those candidates. Challengers and
witnesses so Observers appointed to a precinct may file their certificates of appointment
with the presiding judge of the precinct at the meeting on the
evening prior to the election, or with the presiding judge of the
precinct on the day of the election. Witnesses shall not be
admitted to the booths before the closing of the polls except for
the purpose of filing their certificates. Upon the filing of a
certificate, the person named as challenger therein observer in the certificate shall be
permitted to be in and about the polling place for the precinct during the casting
of the ballots and shall be permitted to watch every proceeding
of the judges and clerks of elections from the time of the
opening until the closing of the polls. Any such witnesses so
appointed The observer also may inspect the counting of the all ballots in the precinct polling place or board of elections
from the time of the closing of the polls until the counting is
completed and the final returns are certified and signed. Observers appointed to the board of elections under this section may observe at the board of elections and may observe at any precinct in the county. The
judges of elections shall protect such challengers and witnesses observers
in all of the rights and privileges granted to them by Title XXXV
of the Revised Code.
No persons other than the judges and clerks of elections,
the witnesses observers, a police officer, other persons who are detailed
to any precinct on request of the board of elections, or the
secretary of state or his the secretary of state's legal
representative shall be admitted
to the polling place, or any room in which a board of elections is counting ballots, after the closing of the polls until the
counting, certifying, and signing of the final returns of each
election have been completed.
Not later than eleven days four p.m. of the twentieth day prior to an election at which
questions are to be submitted to a vote of the people, any
committee which that in good faith advocates or opposes a measure may
file a petition with the board of any county asking that such the
petitioners be recognized as the committee entitled to appoint
witnesses observers to the count at such the election. If more than one
committee alleging themselves to advocate or oppose the same
measure file such petitions a petition, the board shall decide and announce
by registered mail to each committee not less than three twelve days
immediately preceding the election which committee is recognized as being entitled to
appoint such witnesses observers. Such The decision shall not be final, but
any aggrieved party may institute mandamus proceedings in the
court of common pleas of the county wherein such in which the board has
jurisdiction to compel the judges of elections to accept the
appointees of such aggrieved party. Any such recognized
committee may appoint a challenger and a witness an observer to the count in
each precinct. Committees appointing witnesses or challengers observers
shall notify the board of elections of the names and addresses of
its appointees and the polling places precincts at which they shall serve.
Notification shall take place not less than eleven days before
the election on forms prescribed by the secretary of state and
may be amended by filing an amendment with the board of elections
at any time until four p.m. on the day before the election. A
person so appointed shall file his the person's certificate of
appointment
with the presiding judge in the precinct in which he the person
has been
appointed to serve. Witnesses Observers shall file their certificates
before the polls are closed. In no case shall more than six such
challengers and six witnesses observers be appointed for any one election
in any one precinct. If more than three questions are to be
voted on, the committees which have appointed challengers and
witnesses observers may agree upon not to exceed six challengers and six
witnesses observers, and the judges of elections shall appoint such
challengers and witnesses observers. If such committees fail to agree, the
judges of elections shall appoint six challengers and six
witnesses observers from the appointees so certified, in such manner that
each side of the several questions shall be represented.
No person shall serve as a witness or challenger an observer at any
polling place precinct unless the board of elections of the county in
which such witness or challenger observer is to serve has first been
notified of the name, address, and polling place precinct at which such
witness or challenger observer is to serve. Notification to the board of
elections shall be given by the political party, group of
candidates, or committee appointing such witness or challenger observer as
prescribed in this section. No such challengers and witnesses observers
shall receive any compensation from the county, municipal
corporation, or township, and they shall take the following oath,
to be administered by one of the judges of elections:
"You do solemnly swear that you will faithfully and
impartially discharge the duties as an official challenger and
witness observer, assigned by law; that you will not cause any delay to
persons offering to vote, further than is necessary to procure
satisfactory information of their qualification as electors; and
that you will not disclose or communicate to any person how any
elector has voted at such election."
Sec. 3505.22. If any precinct officer, challenger, or other elector has
reason to believe
that a person is impersonating an elector, then such that person, before he
is being
given a ballot, shall be questioned as to his the person's right
to vote, and shall be
required to sign his the person's name or make his the
person's mark in ink on a card to be provided
therefor. If, in the opinion of a majority of the precinct officers, the
signature is not that of the person who signed such the name in the registration
forms, then such that person may shall be refused permitted to cast a provisional ballot under section 3505.181 of the Revised Code. Such person may appeal to
the board of elections and if the board finds that he
is eligible to vote, an
order instructing the precinct officer to permit him
to vote shall be given to
such person. Such order shall be recognized by such precinct officers when
presented and signed and such person shall be permitted to vote.
Sec. 3505.25. No judge or clerk of elections, challenger observer, or police officer
admitted into the polling rooms at the election, at any time while the polls
are open, shall have in his the individual's possession,
distribute, or give out any ballot or
ticket to any person on any pretense during the receiving, counting, or
certifying of the votes, or have any ballot or ticket in his the
individual's possession or
control, except in the proper discharge of his the individual's official duty in
receiving, counting, or
canvassing the votes. This section does not prevent the lawful exercise by a
judge or clerk of elections, witness, or challenger observer of his the
individual right to
vote at such election.
Sec. 3505.26. At the time for closing the polls, the
presiding judge shall by proclamation announce that the
polls are closed.
The judges and clerks shall then in the presence of
witnesses observers proceed as follows:
(A) Count the number of electors who voted, as shown on
the pollbooks.;
(B) Count the unused ballots without removing stubs.;
(C) Count the soiled and defaced ballots.;
(D) Insert the totals of (A), (B), and (C) on the report
forms provided therefor in the pollbook.;
(E) Count the voted ballots. If the number of voted
ballots exceeds the number of voters whose names appear upon the
pollbooks, the presiding judge shall enter on the pollbooks
an explanation of such that discrepancy, and such that explanation, if
agreed to, shall be subscribed to by all of the judges and
clerks. Any judge or clerk having a different explanation shall
enter it in the pollbooks and subscribe to it.
(F) Put the unused ballots with stubs attached, and soiled
and defaced ballots with stubs attached, in the envelopes or
containers provided therefor, certify the number, and then
proceed to count and tally the votes in the manner prescribed by
section 3505.27 of the Revised Code and certify the result of the
election to the board of elections.
Sec. 3505.27. Unless otherwise ordered by the secretary of state
or the board of elections, the counting and tallying of ballots
shall be conducted
according to procedures prescribed by the board of elections that
assure an accurate count of all votes cast and that include all of the
following:
(A) The counting and tallying of ballots at the appropriate
office, as designated by the board, in the full view of members of the board
and witnesses observers;
(B) The recording on a worksheet or other appropriate document of
the number of votes cast for each candidate and the number of votes cast for
and against each question or issue;
(C) The periodic reporting to the public and the office of the
secretary of state of the number of votes cast for each candidate and the
number of votes cast for and against each question or issue as tallied at the
time of the report;
(D) An examination and verification by the appropriate authority,
as designated by the board, of the votes so tallied and recorded in the
pollbook under section 3505.26 of the Revised Code.
The board shall prescribe additional
procedures as
necessary to assure an accurate count of all votes cast. These procedures
shall be followed until all of the ballots that are required to be counted on
the day of the election after the close of the polls have been counted.
All work sheets that are prepared at the polling locations
shall be preserved and placed inside the
pollbook and returned to the board.
If there is any disagreement as to how a ballot should be
counted, it shall be submitted to the members of
the board for a decision on whether or to what extent the ballot should be
counted. If three of
the members do not agree as to how any part of the ballot shall
be
counted, only that part of such the ballot on which three of the
members do
agree shall be counted. A notation shall be made upon the
ballot
indicating what part has not been counted, and the ballot shall be placed in
an envelope marked "Disputed
Ballots."
Sec. 3505.32. (A) Except as otherwise provided in
division
(D) of this section, not earlier than the eleventh day
or
later
than the fifteenth day after a general or special election
or, if
a special election was held on the day of a presidential
primary
election, not earlier than the twenty-first day
or
later than
the
twenty-fifth day after the special election, the
board of
elections shall begin to canvass the election returns
from the
precincts in which electors were entitled to vote at
that
election. It shall continue
the canvass daily until it
is
completed and the results of the voting in
that election
in each
of
the precincts are determined.
The board shall complete the canvass not later than the date
set by the secretary of state under division (U) of section
3501.05 of the Revised Code twenty-first day after the day of the election, or if a special election was held on the day of a presidential primary election, not later than the thirty-first day after the day of the special election. Sixty Eighty-one days after the date set by day of the
secretary of state for the completion of the canvass election, or ninety-one days after the day of a special election held on the day of the presidential primary election, the canvass
of election returns shall be deemed final, and no amendments to
the canvass may be made after that date. The secretary of state
may specify an earlier date upon which the canvass of election
returns shall be deemed final, and after which amendments to the
final canvass may not be made, if so required by federal law.
(B) The county executive committee of each political party,
each committee designated in a petition nominating an independent
or nonpartisan candidate for election at
an election, each
committee designated in a petition to represent the petitioners
pursuant to which a question or issue was submitted at
an
election, and any committee opposing a question or issue
submitted
at
an election
that was permitted by
section
3505.21 of the
Revised Code to have a qualified elector
serve as
a witness an observer during
the counting of the ballots at each
polling
place at
an election
may designate a qualified
elector who may
be present and may
witness observe the making of
the
official canvass.
(C) The board shall first open all envelopes containing
uncounted ballots and shall count and tally them.
In connection with its investigation of any apparent or
suspected error or defect in the election returns from a polling
place, the board may cause subpoenas to be issued and served
requiring the attendance before it of the election officials of
that polling place, and it may examine them under oath
regarding
the manner in which the votes were cast and counted in
that
polling place, or the manner in which the returns were
prepared
and certified, or as to any other matters bearing upon
the voting
and the counting of the votes in
that polling
place at
that
election.
Finally, the board shall open the sealed
container containing
the ballots that were counted in the polling place at the
election
and count
those
ballots, during the official canvass, in the
presence of all of
the members of the board and any other persons
who are entitled
to witness the official canvass.
(D) Prior to the tenth day after a primary, general, or
special
election, the board may examine the pollbooks, poll lists,
and tally sheets
received from each polling place for its files
and may compare the results of
the voting in any polling place
with the summary statement received from the
polling place. If
the board finds that any of these records or any portion of
them
is missing, or that they are incomplete, not properly certified,
or
ambiguous, or that the results of the voting in the polling
place as shown on
the summary statement from the polling place are
different from the results of
the voting in the polling place as
shown by the pollbook, poll list, or tally
sheet from the polling
place, or that there is any other defect in the
records,
the board
may make whatever changes to the pollbook, poll list, or tally
sheet
it determines to be proper in order to correct the errors or
defects.
Sec. 3506.01. As used in this chapter and Chapters 3501., 3503., 3505.,
3509., 3511., 3513., 3515., 3517., 3519., 3521.,
3523., and 3599. of the Revised Code:
(A) "Marking device" means an apparatus operated by a
voter to record the voter's choices through the piercing or
marking of
ballots enabling them to be examined and counted by automatic
tabulating equipment.
(B) "Ballot" means the official election presentation of offices and
candidates, including write-in candidates, and of questions and issues, and the means
by which votes are recorded.
(C) "Automatic tabulating equipment" means a machine or electronic device, or
interconnected or interrelated machines or electronic devices, that will automatically
examine and count votes recorded on ballots.
(D) "Central counting station" means a location, or one of
a number of locations, designated by the board of elections for
the automatic examining, sorting, or counting of ballots.
(E) "Voting machines" means mechanical or electronic equipment for the direct
recording and tabulation of votes.
(F) "Direct recording electronic voting machine" means a voting machine that records votes by means of a ballot display provided with mechanical or electro-optical components that can be actuated by the voter, that processes the data by means of a computer program, and that records voting data and ballot images in internal or external memory components. A "direct recording electronic voting machine" produces a tabulation of the voting data stored in a removable memory component and in printed copy.
(G) "Help America Vote Act of 2002" means the "Help America Vote Act of 2002," Public Law Pub. L. No. 107-252, 116 Stat. 1666.
(H) "Voter verified paper audit trail" means a physical paper printout on which the voter's ballot choices, as registered by a direct recording electronic voting machine, are recorded. The voter shall be permitted to visually or audibly inspect the contents of the physical paper printout. The physical paper printout shall be securely retained at the polling place until the close of the polls on the day of the election; the secretary of state shall adopt rules under Chapter 119. of the Revised Code specifying the manner of storing the physical paper printout at the polling place. After the physical paper printout is produced, but before the voter's ballot is recorded, the voter shall have an opportunity to accept or reject the contents of the printout as matching the voter's ballot choices. If a voter rejects the contents of the physical paper printout, the system that produces the voter verified paper audit trail shall invalidate the printout and permit the voter to recast the voter's ballot. On and after the first federal election that occurs after January 1, 2006, unless required sooner by the Help America Vote Act of 2002, any system that produces a voter verified paper audit trail shall be accessible to disabled voters, including visually impaired voters, in the same manner as the direct recording electronic voting machine that produces it.
Sec. 3506.05. (A) As used in this section, except when
used as part of the phrase "tabulating equipment" or "automatic
tabulating equipment":
(1) "Equipment" means a voting machine, marking device,
automatic tabulating equipment, or software.
(2) "Vendor" means the person that owns, manufactures,
distributes, or has the legal right to control the use of
equipment, or the person's agent.
(B) No voting machine, marking device, automatic
tabulating equipment, or software for the purpose of casting or
tabulating votes or for communications among systems involved in
the tabulation, storage, or casting of votes shall be purchased,
leased, put in use, or continued to be used, except for
experimental use as provided in division (B) of section 3506.04
of the Revised Code, unless it, a manual of procedures
governing its use, and training materials, service, and other
support arrangements have been certified by the secretary of
state and unless the board of elections of each county where the
equipment will be used has assured that a demonstration of the
use of the equipment has been made available to all interested
electors. The secretary of state shall appoint a board of voting
machine examiners to examine and approve equipment and its related manuals and support arrangements. The
board shall consist of one competent and experienced election
officer and two persons who are knowledgeable about the operation
of such equipment, who shall serve during the secretary of
state's term.
For the member's service, each member of the board
shall
receive three hundred dollars per day for each combination of
marking device, tabulating equipment, and voting machine examined
and reported, but in no event shall a member receive more than
six hundred dollars to examine and report on any one marking
device, item of tabulating equipment, or voting machine. Each
member of the board shall be reimbursed for expenses the
member incurs
during an examination or during the performance of any related
duties that may be required by the secretary of state.
Reimbursement of these expenses shall be made in accordance with,
and shall not exceed, the rates provided for under section 126.31
of the Revised Code.
Neither the secretary of state nor the board, nor any
public officer who participates in the authorization,
examination, testing, or purchase of equipment, shall have any
pecuniary interest in the equipment or any affiliation with the
vendor.
(C)(1) A vendor who desires to have the secretary of state
certify equipment shall first submit the equipment, all
current related procedural manuals, and a current description of
all related support arrangements to the board of voting machine
examiners for examination, testing, and approval. The submission shall be
accompanied by a fee of eighteen hundred
dollars and a detailed explanation of the construction and method
of operation of the equipment, a full statement of its
advantages, and a list of the patents and copyrights used in
operations essential to the processes of vote recording and
tabulating, vote storage, system security, and other crucial
operations of the equipment as may be determined by the board. An additional
fee, in an amount to be set by rules promulgated by
the board, may be imposed to pay for the costs of alternative
testing or testing by persons other than board members, record-keeping, and other extraordinary costs incurred in the
examination process. Moneys not used shall be returned to the
person or entity submitting the equipment for examination.
(2) Fees collected by the secretary of state under this
section shall be deposited into the state treasury to the credit
of the board of voting machine examiners fund, which is hereby
created. All moneys credited to this fund shall be used solely
for the purpose of paying for the services and expenses of each
member of the board or for other
expenses incurred relating to the examination, testing,
reporting, or certification of voting machine devices, the
performance of any related duties as required by the secretary of
state, or the reimbursement of any person submitting an
examination fee as provided in this chapter.
(D) Within sixty days after the submission of the
equipment and payment of the fee, or as soon thereafter as is
reasonably practicable, but in any event within not more than
ninety days after the submission and payment, the board of voting machine examiners shall
examine the equipment and file with the secretary of state a
written report on the equipment with its recommendations and its
determination or condition of approval regarding whether the
equipment, manual, and other related materials or arrangements
meet the criteria set forth in sections 3506.07 and 3506.10 of
the Revised Code and can be safely used by the voters at
elections under the conditions prescribed in Title XXXV of the
Revised Code, or a written statement of reasons for which testing
requires a longer period. The board may grant temporary approval
for the purpose of allowing experimental use of equipment. If
the board finds that the equipment meets the criteria set forth
in sections 3506.06, 3506.07, and 3506.10 of the Revised Code, can be used
safely and can be depended upon to record and count accurately
and continuously the votes of electors, and has the capacity to
be warranted, maintained, and serviced, it shall approve the
equipment and recommend that the secretary of state certify the
equipment. The secretary of state shall notify all boards of
elections of any such certification. Equipment of the same
model and make, if it provides for recording of voter intent,
system security, voter privacy, retention of vote, and
communication of voting records in an identical manner, may then
be adopted for use at elections.
(E) The vendor shall notify the secretary of state, who
shall then notify the board of voting machine examiners, of any enhancement and any
significant adjustment to the hardware or software that could
result in a patent or copyright change or that significantly
alters the methods of recording voter intent, system security,
voter privacy, retention of the vote, communication of voting
records, and connections between the system and other systems.
The vendor shall provide the secretary of state with an updated
operations manual for the equipment, and the secretary of state
shall forward the manual to the board. Upon receiving such a
notification and manual, the board may require the vendor to
submit the equipment to an examination and test in order for the
equipment to remain certified. The board or the secretary of
state shall periodically examine, test, and inspect certified
equipment to determine continued compliance with the requirements
of this chapter and the initial certification. Any examination,
test, or inspection conducted for the purpose of continuing
certification of any equipment in which a significant problem has
been uncovered or in which a record of continuing problems exists
shall be performed pursuant to divisions (C) and (D) of this
section, in the same manner as the examination, test, or
inspection is performed for initial approval and certification.
(F) If, at any time after the certification of equipment,
the board of voting machine examiners or the secretary of state is notified by a board of
elections of any significant problem with the equipment or
determines that the equipment fails to meet the requirements
necessary for approval or continued compliance with the
requirements of this chapter, or if the board of voting machine
examiners determines that there are significant enhancements or
adjustments to the hardware or software, or if notice of such
enhancements or adjustments has not been given as required by
division (E) of this section, the secretary of state shall notify
the users and vendors of that equipment that certification of the
equipment may be withdrawn.
(G)(1) The notice given by the secretary of state under
division (F) of this section shall be in writing and shall
specify both of the following:
(a) The reasons why the certification may be withdrawn;
(b) The date on which certification will be withdrawn
unless the vendor takes satisfactory corrective measures or
explains why there are no problems with the equipment or why the
enhancements or adjustments to the equipment are not significant.
(2) A vendor who receives a notice under division (F) of
this section shall, within thirty days after receiving it, submit
to the board of voting machine examiners in writing a description of the corrective measures
taken and the date on which they were taken, or the explanation
required under division (G)(1)(b) of this section.
(3) Not later than fifteen days after receiving a written
description or explanation under division (G)(2) of this section
from a vendor, the board shall determine whether the corrective
measures taken or the explanation is satisfactory to allow
continued certification of the equipment, and the secretary of
state shall send the vendor a written notice of the board's
determination, specifying the reasons for it. If the board has
determined that the measures taken or the explanation given is
unsatisfactory, the notice shall include the effective date of
withdrawal of the certification. This date may be different from
the date originally specified in division (G)(1)(b) of this
section.
(4) A vendor who receives a notice under division (G)(3)
of this section indicating a decision to withdraw certification
may, within thirty days after receiving it, request in writing
that the board hold a hearing to reconsider its decision. Any
interested party shall be given the opportunity to submit
testimony or documentation in support of or in opposition to the
board's recommendation to withdraw certification. Failure of the
vendor to take appropriate steps as described in division
(G)(1)(b) or to comply with division (G)(2) of this section
results in a waiver of the vendor's rights under division
(G)(4) of this
section.
(H)(1) The secretary of state, in consultation with the
board of voting machine examiners, shall establish, by rule, guidelines for the approval,
certification, and continued certification of the voting
machines, marking devices, and tabulating equipment to be used
under Title XXXV of the Revised Code. The guidelines shall
establish procedures requiring vendors or computer software
developers to place in escrow with an independent escrow agent
approved by the secretary of state a copy of all source code and
related documentation, together with periodic updates as they
become known or available. The secretary of state shall require
that the documentation include a system configuration and that
the source code include all relevant program statements in low-
or high-level languages. As used in this division, "source code" does not include variable codes created for specific elections.
(2) Nothing in any rule adopted under division (H) of this
section shall be construed to limit the ability of the secretary
of state to follow or adopt, or to preclude the secretary of
state from following or
adopting, any guidelines proposed by the federal election
commission, any entity authorized by the federal election
commission to propose guidelines, the election assistance commission, or any entity authorized by the election assistance commission to propose guidelines.
(3)(a) Before the initial certification of any direct recording electronic voting machine with a voter verified paper audit trail, and as a condition for the continued certification and use of those machines, the secretary of state shall establish, by rule, standards for the certification of those machines. Those standards shall include, but are not limited to, all of the following:
(i) A definition of a voter verified paper audit trail as a paper record of the voter's choices that is verified by the voter prior to the casting of the voter's ballot and that is securely retained by the board of elections;
(ii) Requirements that the voter verified paper audit trail shall not be retained by any voter and shall not contain individual voter information;
(iii) A prohibition against the production by any direct recording electronic voting machine of anything that legally could be removed by the voter from the polling place, such as a receipt or voter confirmation;
(iv) A requirement that paper used in producing a voter verified paper audit trail be sturdy, clean, and resistant to degradation.;
(v) A requirement that the voter verified paper audit trail shall be capable of being optically scanned for the purpose of conducting a recount or other audit of the voting machine and shall be readable in a manner that makes the voter's ballot choices obvious to the voter without the use of computer or electronic codes;
(vi) A requirement, for office-type ballots, that the voter verified paper audit trail include the name of each candidate selected by the voter;
(vii) A requirement, for questions and issues ballots, that the voter verified paper audit trail include the title of the question or issue, the name of the entity that placed the question or issue on the ballot, and the voter's ballot selection on that question or issue, but not the entire text of the question or issue.
(b) The secretary of state, by rule adopted under Chapter 119. of the Revised Code, may waive the requirement under division (H)(3)(a)(v) of this section, if the secretary of state determines that the requirement is cost prohibitive.
Sec. 3506.12. In counties where marking devices, automatic
tabulating equipment, voting machines, or any combination of
these
are in use or are to be used, the board of elections:
(A) May combine, rearrange, and enlarge precincts; but the
board shall arrange for a sufficient number of these devices to
accommodate the number of electors in each precinct as determined
by the number of votes cast in that precinct at the most recent
election
for the office of governor, taking into
consideration the
size and location of each selected polling
place, available
parking, handicap accessibility and other
accessibility to the
polling place, and the number of candidates
and issues to be voted
on. Notwithstanding section 3501.22 of the
Revised Code, the
board may appoint more than four precinct
officers to each
precinct if this is made necessary by the number
of voting
machines to be used in that precinct.
(B)
Except as otherwise provided in this division,
shall
establish one or more counting stations to
receive
voted
ballots
and other precinct election supplies after
the
polling
precincts
are closed.
Those stations shall be under
the
supervision and
direction of the board of elections.
Processing
and counting of
voted ballots, and the preparation of
summary
sheets, shall be
done in the presence of witnesses observers
approved by the
board. A
certified copy of the summary sheet for
the precinct
shall be
posted at each
counting station
immediately after
completion of
the summary sheet.
In counties where punch card ballots are used, one
or more
counting stations, located at the board of elections, shall be
established, at which location all punch card ballots shall be
counted.
As used in this division, "punch card ballot" has the same
meaning as in section 3506.16 of the Revised Code.
Sec. 3506.13. In precincts where marking devices, automatic tabulating
equipment, voting machines, or any combination of these are used, challengers
and witnesses observers may be appointed as prescribed in section 3505.21 of the Revised
Code. The duties and privileges of challengers observers in such precincts during the
hours the polls are open, shall be as provided in section 3505.21 of the
Revised Code.
Challengers Observers shall be allowed to remain in the polling place after the polls
close and may observe the processing of the ballots and the sealing and
signing of the envelopes or containers or both containing the voted ballots.
Witnesses shall not be allowed in the polling place, but shall file their
certificates of appointment at the proper counting station after the polls
close, and may observe all functions there.
Sec. 3506.18. (A) For any recount of an election in which ballots are cast using a direct recording electronic voting machine with a voter verified paper audit trail, the voter verified paper audit trail shall serve as the official ballot to be recounted.
(B) Voter verified paper audit trails shall be preserved in the same manner and for the same time period as paper ballots are preserved under section 3505.31 of the Revised Code.
(C) A voter verified paper audit trail shall be treated as are other ballots for purposes of section 149.43 of the Revised Code and shall be retained in accordance with the county records retention schedule established under section 149.38 of the Revised Code after the relevant time period prescribed for its preservation in section 3505.31 of the Revised Code, or as ordered by the secretary of state or a court of competent jurisdiction.
(D) If a voter verified paper audit trail is made available to the public, any information on that voter verified paper audit trail that identifies the particular direct recording electronic voting machine that produced it shall be redacted.
Sec. 3506.20. (A) As used in this section, "ballots on demand voting system" means a system that utilizes ballots printed as needed by election officials at the board of elections for distribution to electors, either in person or by mail.
(B) No board of elections shall use a ballots on demand voting system unless each ballot printed by the system includes a tracking number.
Sec. 3506.21. (A) As used in this section, "optical scan
ballot" means a ballot that is marked by using a specified writing
instrument to fill in a designated position to record a voter's
candidate, question, or issue choice and that can be scanned and
electronically read in order to tabulate the vote.
(B)(1) In addition to marks that can be scanned and
electronically read by automatic tabulating equipment, any of the
following marks, if a majority of those marks are made in a consistent manner throughout an optical scan ballot,
shall be
counted as a valid vote:
(a) A candidate, question, or issue choice that has been
circled by the voter;
(b) An oval beside the candidate, question, or
issue choice that has been circled by the voter;
(c) An oval beside the candidate, question, or
issue choice that has been marked by the voter with an "x," a
check mark, or other recognizable mark;
(d) A candidate, question, or issue choice that has been
marked
with a writing instrument that cannot be recognized by
automatic
tabulating equipment.
(2) Marks made on an optical scan ballot in accordance with division (B)(1) of this section shall be counted as valid votes only if that optical scan ballot contains no marks that can be scanned and electronically read by automatic tabulating equipment.
(C) The secretary of state may adopt rules under Chapter
119. of the Revised Code to authorize additional types of optical
scan ballots and to specify the types of marks on those ballots
that shall be counted as a valid vote to ensure consistency in the
counting of ballots throughout the state.
Sec. 3506.22. (A) Beginning in the year 2013 and thereafter, a county that selects direct recording electronic voting machines as the primary voting system to be used in the county and not only for accessibility for individuals with disabilities as required under the Help America Vote Act of 2002 and section 3506.19 of the Revised Code shall acquire, if needed, sufficient direct recording electronic voting machines to meet the minimum number of direct recording electronic voting machines required to be established by the secretary of state under division (B) of this section.
(B) Beginning in the year 2013 and every eight years thereafter, the secretary of state shall establish, for each county, a minimum number of direct recording electronic voting machines that the county shall be required to have if it elects to use direct recording electronic voting machines as the primary voting system in the county. The minimum number for each county shall be calculated as follows:
(1) The total number of registered voters in the county as of the October deadline for voter registration for the last presidential election or the average of the total number of registered voters in the county as of the October deadline for voter registration for the last two presidential elections, whichever number is higher, shall be determined.
(2) The number resulting from the determination under division (B)(1) of this section shall be divided by one hundred seventy-five.
(3) Any fraction resulting from the calculation under division (B)(2) of this section shall be rounded up to the next whole number.
(C) A county that selects direct recording electronic voting machines as the primary voting system to be used in the county and not only for accessibility for individuals with disabilities as required under the Help America Vote Act of 2002 and section 3506.19 of the Revised Code after the effective date of this section but before the year 2013 shall do so in accordance with the formula set forth in Section 514.03 of Am. Sub. H.B. 66 of the 126th general assembly.
Sec. 3506.23. A voting machine shall not be connected to the internet.
Sec. 3509.02. (A) Any qualified elector
may vote by absent voter's
ballots at
an election.
(B) Any qualified elector who is unable to appear at the office of the board of elections or other location designated by the board or, if pursuant to division (C) of section 3501.10 of the Revised Code the board has designated another location in the county at which registered electors may vote, at that other location on account of personal illness, physical disability, or infirmity, and who moves from one precinct to
another within a county, changes
the elector's name
and moves from one precinct to another
within a county, or moves from one county to another county within the state,
on or
prior to the day of a general, primary, or special election and
has not
filed a notice of change of residence or change of name
may vote by absent
voter's ballots in that election as specified
in division (G)
of section 3503.16 of the Revised Code.
"Sec. 3509.03. Except as provided in
section 3509.031 or division (B) of section
3509.08 of the Revised Code, any qualified elector desiring to vote absent
voter's ballots at an election shall make written application for
those ballots to the director of elections of the county in which
the elector's voting residence is located. The application need
not be in any particular form but shall contain all of the following:
(B) The elector's signature;
(C) The address at which the elector is registered to vote;
(D) The elector's date of birth;
(E) One of the following:
(1) The elector's driver's license number;
(2) The last four digits of the elector's social security number;
(3) A copy of the elector's current and valid photo identification, a copy of a military identification that shows the elector's name and current address, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the name and address of the elector.
(F) A statement identifying the election for which absent voter's ballots are requested;
(G) A statement that the person requesting the ballots is a qualified elector;
(H) If the request is for primary election ballots, the elector's party affiliation;
(I) If the elector desires ballots to be mailed to the elector, the address to which those ballots shall be mailed.
A voter who will be outside the United States on the day of
any election during a calendar year may use a single federal post
card application to apply for absent voter's ballots. Those
ballots shall be sent to the voter for use at the primary and
general elections in that year and any special election to be
held on the day in that year specified by division (E) of section
3501.01 of the Revised Code for the holding of a primary
election, designated by the general assembly for the purpose of
submitting constitutional amendments proposed by the general
assembly to the voters of the state unless the voter reports a
change in the voter's voting status to the board of
elections or the voter's intent to vote in any such election
in the precinct in this state
where the voter is registered to vote. A single federal postcard application
shall be
processed by the board of elections pursuant to section 3509.04
of the Revised Code the same as if the voter had applied
separately for absent voter's ballots for each election. When
mailing absent voter's ballots to a voter who applied for them by
single federal post card application, the board shall enclose
notification to the voter that the voter must report to the
board subsequent changes in the voter's voting status or
the voter's subsequent intent
to vote in any such election in the precinct in this state where
the voter is registered to vote. Such notification shall be
in a form
prescribed by the secretary of state. As used in this section,
"voting status" means the voter's name at the time the voter
applied for
absent voter's ballots by single federal post card application
and the voter's address outside the United States to which the
voter requested that those ballots be sent.
Each application for absent voter's ballots shall be
delivered to the director not earlier than the first day of
January of the year of the elections for which the absent voter's
ballots are requested or not earlier than ninety days before the
day of the election at which the ballots are to be voted,
whichever is earlier, and not later than twelve noon of the third
day before the day of the election at which the ballots are to
be voted, or not later than the close of regular business hours on
the day before the day of the election at which the ballots are
to be voted if
the application is delivered in person to the office of the board.
Sec. 3509.031. (A) Any qualified elector who is a member of
the organized militia called to active duty within the state and who will be unable to vote on election day on account of
that active duty may make written application for absent voter's
ballots to the director of elections for the county in which the
elector's voting residence is located. The elector may personally
deliver the application to the director or may mail it, send it by facsimile
machine, or otherwise send it to
the director. The application need not be in any particular
form but shall contain all of the following:
(2) The elector's signature;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security number;
(c) A copy of the elector's current and valid photo identification, a copy of a military identification that shows the elector's name and current address, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the name and address of the elector.
(6) A statement identifying the election for which absent voter's ballots are requested;
(7) A statement that the person requesting the ballots is a qualified elector;
(8) A statement that the elector is a member of the organized militia serving on active duty within the state;
(9) If the request is for primary election ballots, the elector's party affiliation;
(10) If the elector desires ballots to be mailed to the elector, the address to which those ballots shall be mailed;
(11) If the elector desires ballots to be sent to the elector by facsimile machine, the telephone
number to which they shall be so sent.
(B) Application to have absent voter's ballots mailed or sent by facsimile machine to
a qualified elector who is a member of the organized militia called to active duty within the state and who will be unable to vote on election day on account of that active duty may be made by the spouse of the militia member or the father,
mother,
father-in-law, mother-in-law, grandfather, grandmother, brother
or sister of the whole blood or half blood, son, daughter,
adopting parent, adopted child, stepparent, stepchild, uncle,
aunt, nephew, or niece of the militia member. The application
shall be
in writing upon a blank form furnished only by the director. The
form of the application shall be prescribed by the
secretary of
state. The director shall furnish that blank form to any of the
relatives specified in this division desiring to make the
application, only upon the request of such a relative in person at
the office of the board or upon the written request of such a
relative mailed to the office of the board. The application,
subscribed and sworn to by the applicant, shall contain all of the following:
(1) The full name of the elector for whom ballots are
requested;
(2) A statement that such person is a qualified
elector
in the county;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security number;
(c) A copy of the elector's current and valid photo identification, a copy of a military identification that shows the elector's name and current address, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the name and address of the elector.
(6) A statement identifying the election for which absent voter's ballots are requested;
(7) A statement that the elector is a member of the
organized militia serving on active duty within the state;
(8) If the request is for primary election ballots, the elector's party affiliation;
(9) A statement that the applicant bears a relationship to
the elector as specified in division (B) of this section;
(10) The address to which ballots shall be mailed or
telephone number to which ballots shall be sent by facsimile machine;
(11) The signature and address of the person making the
application.
(C) Applications to have absent voter's ballots mailed or sent by facsimile
machine
shall
not be valid if dated, postmarked, or received by the director
prior to the ninetieth day before the day of the election for
which ballots are requested or if delivered to the director
later than twelve noon of the third day preceding the day of such
election. If, after the ninetieth day and before four p.m. of
the day before the day of an election, a valid application for
absent voter's ballots is delivered to the director of elections
at the office of the board by a militia member making
application in the militia member's own behalf, the director
shall forthwith
deliver to the militia member all absent voter's ballots then
ready for use, together with an identification envelope. The
militia member shall then vote the absent voter's ballots in the manner
provided in section 3509.05 of the Revised Code.
Sec. 3509.04. (A) If a director of a board of elections receives an application for absent voter's ballots that does not contain all of the required information, the director promptly shall notify the applicant of the additional information required to be provided by the applicant to complete that application.
(B) Upon receipt by the director of elections of
an application for absent voter's ballots that contain all of the required information, as provided by
sections
3509.03 and 3509.031 and division (G) of section 3503.16 of the
Revised Code, the director,
if the director finds that the
applicant is a qualified
elector, shall deliver
to the applicant in person or mail
directly to the applicant by
special delivery mail, air
mail, or regular mail, postage prepaid,
proper absent voter's ballots. The director shall
deliver or mail with the ballots an
unsealed identification
envelope upon the face of which shall be printed a
form
substantially as follows:
"Identification Envelope
Statement of Voter
I, ........................(Name of voter), declare under penalty of election
falsification that the within ballot or ballots contained no
voting marks of any kind when I received them, and I caused the
ballot or ballots to be marked, enclosed in the identification
envelope, and sealed in
that envelope.
My voting residence in Ohio is
...................................................................
(Street and Number, if any, or Rural Route and Number)of ................................ (City, Village, or Township)
Ohio, which
is in Ward ............... Precinct ................
in
that city, village, or
township.
The primary election ballots, if any, within this envelope
are primary election ballots of the ............. Party.
Ballots contained within this envelope are to be voted at the ..........
(general, special, or primary) election to be held on the
.......................... day of ......................, ....
My date of birth is ............... (Month and Day), .......... (Year).
(Voter must provide one of the following:)
My driver's license number is ............... (Driver's license number).
The last four digits of my Social Security Number are ............... (Last four digits of Social Security Number).
...... In lieu of providing a driver's license number or the last four digits of my Social Security Number, I am enclosing a copy of one of the following in the return envelope in which this identification envelope will be mailed: a current and valid photo identification, a military identification that shows my name and current address, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections, that shows my name and address.
I hereby declare, under penalty of election falsification,
that the statements above are true, as I verily believe.
|
.................................... |
|
(Signature of Voter) |
WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY OF
THE FIFTH
DEGREE."
The director shall mail with the ballots and the unsealed
identification envelope an unsealed
return
envelope
upon the face of which shall be printed the official
title and
post-office address of the director. In the upper left
corner
on the face of the return envelope, several blank lines shall be
printed
upon which the voter may write the voter's name and return
address, and
beneath these lines there shall be printed a box
beside the words
"check if out-of-country." The voter shall check
this box if the
voter will be outside the United States on the day
of the election. The
return envelope shall be of such size that
the identification
envelope can be conveniently placed within it
for returning
the identification envelope to the director.
Sec. 3509.05. (A) When an elector receives an absent voter's ballot pursuant
to the elector's application or request, the elector shall, before placing any marks on the ballot,
note whether there are any voting marks on it. If there are
any voting marks, the ballot shall be returned immediately to the
board of elections; otherwise, the elector shall cause the
ballot to be marked, folded in a manner that the stub on it and the
indorsements and facsimile signatures of the members of the board
of elections on the back of it are visible, and placed and
sealed within the identification envelope received from the
director of elections for that purpose. Then, the elector shall
cause the statement of voter on the outside of the identification
envelope to be completed and signed, under penalty of election
falsification.
If the elector does not provide the elector's driver's license number or the last four digits of the elector's social security number on the statement of voter on the identification envelope, the elector also shall include in the return envelope with the identification envelope a copy of the elector's current valid photo identification, a copy of a military identification that shows the elector's name and current address, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the name and address of the elector.
The elector shall mail the identification envelope to
the director from whom it was received in the return envelope,
postage prepaid, or the elector may personally deliver it to
the director, or the spouse of the elector, the father, mother, father-in-law,
mother-in-law, grandfather, grandmother, brother, or sister of
the whole or half blood, or the son, daughter, adopting parent,
adopted child, stepparent, stepchild, uncle, aunt, nephew, or
niece of the elector may deliver it to the director. The
return envelope shall be transmitted to the director in no other
manner, except as provided in section 3509.08 of the Revised
Code.
Each elector who will be outside the United States on the
day of the election shall check the box on the return envelope
indicating this fact.
When absent voter's ballots are delivered to an elector at
the office of the board, the elector may retire to a voting
compartment provided by the board and there mark the ballots.
Thereupon, the elector shall fold them, place them in the
identification
envelope provided, seal the envelope, fill in and
sign the statement on the envelope under penalty of election
falsification, and deliver the envelope to the director of the
board.
Except as otherwise provided in divisions (B) and (C) of
this section, all other envelopes containing marked absent
voter's ballots shall be delivered to the director not later
than the close of the polls on the day of an election. Absent
voter's ballots delivered to the director later than the times
specified shall not be counted, but shall be kept by the board in
the sealed identification envelopes in which they are delivered
to the director, until the time provided by section 3505.31 of
the Revised Code for the destruction of all other ballots used at
the election for which ballots were provided, at which time they
shall be destroyed.
(B) Except as otherwise provided in division (C) of this
section, any return envelope that indicates that the voter will
be outside the United States on the day of the election shall be
delivered to the director prior to the eleventh day after the
election. Ballots delivered in such envelopes that are received
after the close of the polls on election day through the tenth
day thereafter shall be counted on the eleventh day at the board
of elections in the manner provided in divisions (C) and (D) of
section 3509.06 of the Revised Code. Any such ballots that are
signed or postmarked after the close of the polls on the day of
the election or that are received by the director later than the
tenth day following the election shall not be counted, but shall
be kept by the board in the sealed identification envelopes as
provided in division (A) of this section.
(C) In any year in which a presidential primary election
is held, any return envelope that indicates that the voter will
be outside the United States on the day of the presidential
primary election shall be delivered to the director prior to the
twenty-first day after that election. Ballots delivered in such
envelopes that are received after the close of the polls on
election day through the twentieth day thereafter shall be
counted on the twenty-first day at the board of elections in the
manner provided in divisions (C) and (D) of section 3509.06 of
the Revised Code. Any such ballots that are signed or postmarked
after the close of the polls on the day of that election or that
are received by the director later than the twentieth day
following that election shall not be counted, but shall be kept
by the board in the sealed identification envelopes as provided
in division (A) of this section.
Sec. 3509.06. (A) The board of elections shall determine
whether absent voter's ballots shall be counted in each precinct,
at the office of the board, or at some other location designated
by the board, and shall proceed accordingly under division (B) or
(C) of this section.
(B) When the board of elections determines that absent
voter's ballots shall be counted in each precinct, the director
shall deliver to the presiding judge of each precinct on election
day identification envelopes purporting to contain absent voter's
ballots of electors whose voting residence appears from the
statement of voter on the outside of each of those envelopes, to
be located in such presiding judge's precinct, and which were
received by the director not later than the close of the polls on
election day. The director shall deliver to such presiding judge
a list containing the name and voting residence of each person
whose voting residence is in such precinct to whom absent voter's
ballots were mailed.
(C) When the board of elections determines that absent
voter's ballots shall be counted at the office of the board of
elections or at another location designated by the board, special
election judges shall be appointed by the board for that purpose
having the same authority as is exercised by precinct judges.
The votes so cast shall be added to the vote totals by the board,
and the absent voter's ballots shall be preserved separately by the
board, in the same manner and for the same length of time as
provided by section 3505.31 of the Revised Code.
(D) Each of the identification envelopes purporting to contain absent
voter's ballots delivered to the presiding judge of the precinct
or the special judge appointed by the board of elections shall be
handled as follows: The election officials shall compare the signature of the
elector on the outside of the identification envelope with
the signature of that elector on the elector's registration
form and verify that the absent voter's ballot is eligible to be counted under section 3509.07 of the Revised Code. Any of the precinct officials may
challenge the right of the elector named on the identification
envelope to vote the absent voter's ballots upon the ground that
the signature on the envelope is not the same as the signature
on the registration form, or upon any other of the grounds upon
which the right of persons to vote may be lawfully challenged.
If no such challenge is made, or if such a challenge is made and
not sustained, the presiding judge shall open the envelope
without defacing the statement of voter and without mutilating
the ballots in it, and shall remove the ballots contained
in it and proceed to count them.
The name of each person voting who is entitled to vote only
an absent voter's presidential ballot shall be entered in a
pollbook or poll list or signature pollbook followed by the words
"Absentee Presidential Ballot." The name of each person voting
an absent voter's ballot, other than such persons entitled to
vote only a presidential ballot, shall be entered in the pollbook
or poll list or signature pollbook and the person's
registration card marked to indicate that the person has
voted.
The date of such election shall also be entered on the
elector's registration form. If any such challenge is made and
sustained, the identification envelope of such elector shall not
be opened, shall be endorsed "Not Counted" with the reasons
the ballots were not counted, and shall be delivered to the board.
(E) Special election judges or, employees or members of the
board of elections, or observers shall not disclose the count or any portion of
the count of absent voter's ballots prior to the time of the
closing of the polling places. No person shall recklessly disclose the count or any portion of the count of absent voter's ballots in such a manner as to jeopardize the secrecy of any individual ballot.
(F) Observers may be appointed under section 3505.21 of the Revised Code to witness the examination and opening of identification envelopes and the counting of absent voters' ballots under this section.
Sec. 3509.08. (A) Any qualified elector, who, on account
of
the elector's own personal illness, physical disability,
or
infirmity, or on account of the elector's confinement in a jail or
workhouse under
sentence for a misdemeanor or awaiting trial on a
felony or misdemeanor, will
be unable to travel from the elector's
home or place of
confinement to the voting booth in the elector's
precinct on the day of any
general, special, or primary election
may make application in
writing for an absent voter's ballot to
the director of the board
of elections of the elector's county. The application shall include all of the information required under section 3509.03 of the Revised Code and shall state the nature of
the elector's illness, physical disability,
or infirmity, or
the fact that the elector is confined in a jail
or workhouse
and the elector's resultant inability to
travel to
the election booth in the elector's precinct on
election day. The
application shall not be valid if it is delivered to the
director
before the ninetieth day or after twelve noon of the third
day
before the day of the election at which the ballot is to
be
voted.
The absent voter's ballot may be mailed directly to the
applicant
at the applicant's voting residence or place of
confinement as
stated in the applicant's application, or the board may
designate
two board
employees belonging to the two major political parties
for the
purpose of delivering the ballot to the disabled or
confined
elector and returning it to the board, unless the
applicant is
confined to a public or private institution within
the county, in
which case the board shall designate two such board
employees belonging to the two major political parties for the
purpose of delivering the ballot to the
disabled or confined
elector and returning it to the board. In
all other instances,
the ballot shall be returned to the office
of the board in the
manner prescribed in section 3509.05 of the
Revised Code.
Any disabled or confined elector who declares to the two board
employees belonging to the two major political parties that the elector is unable to mark
the elector's ballot
by reason of
physical infirmity that is
apparent to
the employees to be sufficient to incapacitate the
voter from
marking
the elector's ballot properly, may receive, upon
request,
the
assistance of the two employees in marking
the elector's
ballot, and they shall thereafter give no
information in regard to this
matter.
Such assistance shall not
be rendered for any other cause.
When two board employees belonging to the two major political parties deliver a ballot to a disabled or
confined elector, each of the employees shall be present when the
ballot is delivered, when assistance is given, and when the
ballot is returned to the office of the board, and shall
subscribe to the declaration on the identification envelope.
The secretary of state shall prescribe the form of
application for absent voter's ballots under
this division.
This chapter applies to
disabled and
confined absent voter's ballots except as otherwise
provided in
this section.
(B)(1) Any qualified elector who is unable to travel to
the
voting booth in the elector's precinct on the day of any
general,
special,
or primary election because of being confined in a
hospital as a
result of an accident or unforeseeable medical
emergency
occurring before the
election, may apply
to the director
of the board of elections of the county where the
elector is a
qualified elector to vote in the election by absent voter's
ballot. This application shall be made in writing, shall include all of the information required under section 3509.03 of the Revised Code, and shall be
delivered to the director not later than three p.m. on the day of
the election. The application shall indicate the hospital where
the applicant is confined, the date of the applicant's
admission
to the
hospital, and the offices for which the applicant is qualified
to
vote. The
applicant may
also request that a member of the applicant's
family, as listed in
section 3509.05 of the Revised Code, deliver
the absent voter's
ballot to the applicant. The director, after
establishing to the
director's satisfaction the validity of
the
circumstances claimed
by the applicant, shall supply an absent
voter's ballot to be
delivered to the applicant. When the
applicant is in a hospital
in the county where the applicant
is a qualified
elector and no
request is made for a member of the family to
deliver the ballot,
the director shall arrange for the delivery
of an absent voter's
ballot to the applicant, and for its return
to the office of the
board, by two board employees belonging to the two major political parties according to the
procedures prescribed in
division (A) of this section. When the
applicant is in a hospital
outside the county where the
applicant is a qualified elector and
no request is made for a member of
the family to deliver the
ballot, the director shall arrange for the delivery
of an absent
voter's ballot to the applicant by mail, and the ballot shall be
returned to the office of the board in the manner prescribed in
section
3509.05 of the Revised Code.
(2) Any qualified elector who is eligible to vote
under
division (B) or (C) of section 3503.16
of the Revised Code but is
unable to do so because of the circumstances
described in division
(B)(1) of this section may vote in
accordance with division (B)(1)
of this section if that qualified
elector states in the
application for absent voter's ballots that that
qualified elector
moved or had a change of name under the circumstances
described in
division (B) or (C) of section 3503.16 of the Revised Code and
if
that qualified elector complies with divisions (G)(1) to (4) of
section 3503.16 of the Revised Code.
(C)
Any qualified elector described in division (A) or
(B)(1) of this section who needs no assistance to vote or to
return
absent voter's ballots to the board of elections may apply
for absent voter's
ballots under section 3509.03 of the Revised
Code instead of applying for them under this
section.
Sec. 3509.09. (A) The poll list or signature pollbook for each precinct shall identify
each registered elector in that precinct who has requested an absent voter's ballot for that election.
(B)(1) If a registered elector appears to vote in that precinct and that elector has requested an absent voter's ballot for that election but the director has not received a sealed identification envelope purporting to contain that elector's voted absent voter's ballots for that election, the elector shall be permitted to cast a provisional ballot, generally in the manner prescribed in division (B) of under section 3503.16 3505.181 of the Revised Code, in that precinct on the day of that election.
(2) If a registered elector appears to vote in that precinct and that elector has requested an absent voter's ballot for that election and the director has received a sealed identification envelope purporting to contain that elector's voted absent voter's ballots for that election, the elector shall be permitted to cast a provisional ballot, generally in the manner prescribed in division (B) of under section 3503.16 3505.181 of the Revised Code, in that precinct on the day of that election.
(C)(1) In counting absent voter's ballots under section 3509.06 of the Revised Code, the board of elections or the precinct election officials shall compare the poll list or the signature pollbook for each precinct with the name of each elector in that precinct from whom the director has received a sealed identification envelope purporting to contain that elector's voted absent voter's ballots for that election to the signature on that elector's registration form. Except as otherwise provided in division (C)(2)(3) of this section, if the board of elections determines that an elector who cast a ballot, generally in the manner prescribed in division (B) of section 3503.16 of the Revised Code, in the precinct on the day of the election also returned a sealed identification envelope for that election, the absent voter's ballot in the sealed identification envelope is valid, it shall be counted, and the ballot cast in the precinct on the day of the election shall not be counted. If the board of elections determines that the signature on the sealed identification envelope purporting to contain the elector's voted absent voter's ballot does not match the signature on the elector's registration form, the ballot shall be set aside and the board shall examine, during the time prior to the beginning of the official canvass, the poll list or signature pollbook from the precinct in which the elector is registered to vote to determine if the elector also cast a provisional ballot under section 3505.181 of the Revised Code in that precinct on the day of the election.
(2) The board of elections shall count the provisional ballot cast in the precinct on the day of the election, instead of the absent voter's ballot in the returned sealed identification envelope of an elector, if both of the following apply:
(a) The board of elections determines that the signature of the elector on the outside of the identification envelope in which the absent voter's ballots are enclosed does not match the signature of the elector on the elector's registration form;
(b) The elector cast a provisional ballot, generally in the manner prescribed in division (B) of section 3503.16 of the Revised Code, in the precinct on the day of the election.
(3) If the board of elections does not receive the sealed identification envelope purporting to contain the elector's voted absent voter's ballot by the applicable deadline established under section 3509.05 of the Revised Code, the provisional ballot cast under section 3505.181 of the Revised Code in that precinct on the day of the election shall be counted as valid, if that provisional ballot is otherwise determined to be valid pursuant to section 3505.183 of the Revised Code.
(D) If the board of elections counts the a provisional ballot cast in the precinct on the day of the election under this division (C)(2) or (3) of this section, the returned identification envelope of that elector shall not be opened, and the ballot within that envelope shall not be counted. The identification envelope shall be endorsed "Not Counted" with the reason the ballot was not counted.
Sec. 3511.02. Notwithstanding any section of the Revised Code to the
contrary, whenever any person applies for
registration as a voter on a form adopted in accordance with
federal regulations relating to the "Uniformed and Overseas
Citizens Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff
(1986), this application shall be sufficient for voter
registration and as a request for an absent voter's ballot. Armed
service absent voter's ballots may be obtained by any person
meeting the requirements of section 3511.01 of the Revised Code
by applying to the director of the board of elections of the
county in which the person's voting residence is located, in one
of the following ways:
(A) That person may make written application for those
ballots. The person may personally deliver
the application to the
director or may mail it, send it by facsimile machine, or
otherwise send it to the director. The application need
not be in any particular form but
shall contain all of the following information:
(2) The elector's signature;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security number;
(c) A copy of the elector's current and valid photo identification, a copy of a military identification that shows the elector's name and current address, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the name and address of the elector.
(6) A statement identifying the election for which absent voter's ballots are requested;
(7) A statement that the person requesting the ballots is a qualified elector;
(8) A statement that the elector is an absent uniformed services voter as defined in 42 U.S.C. 1973ff-6;
(9) A statement of the elector's length of residence in the state immediately preceding the commencement of service or immediately preceding the date of leaving to be with or near the service member, whichever is applicable;
(10) If the request is for primary election ballots, the elector's party affiliation;
(11) If the elector desires ballots to be mailed to the elector, the address to which those ballots shall be mailed;
(12) If the elector desires ballots to be sent to the elector by facsimile machine, the telephone number to which they
shall be so sent.
(B) A voter or any relative of a voter listed in division (C)
of this section may use a single federal post card application to
apply for armed service absent voter's ballots for use at the
primary and general elections in a given year and any special
election to be held on the day in that year specified by division
(E) of section 3501.01 of the Revised Code for the holding of a
primary election, designated by the general assembly for the
purpose of submitting constitutional amendments proposed by the
general assembly to the voters of the state. A single federal postcard application
shall be processed by the board of elections pursuant to section
3511.04 of the Revised Code the same as if the voter had applied
separately for armed service absent voter's ballots for each
election.
(C) Application to have armed service absent voter's ballots mailed or sent by facsimile
machine to such a person
may be made by the spouse when the person is a service member, or
by the father, mother, father-in-law, mother-in-law, grandfather,
grandmother, brother or sister of the whole blood or half blood,
son, daughter, adopting parent, adopted child, stepparent,
stepchild, uncle, aunt, nephew, or niece of such a person. The
application shall be in writing upon a blank form furnished only
by the director or on a single federal post card as provided in
division (B) of this section. The form of the application shall
be prescribed by the secretary of state. The director shall
furnish that blank form to any of the relatives specified in this
division desiring to make the application, only upon the request
of such a relative made in person at the office of the board or
upon the written request of such a relative mailed to the office of
the board. The application, subscribed and sworn to by the
applicant, shall contain all of the following:
(1) The full name of the elector for whom ballots
are requested;
(2) A statement that the elector is an absent uniformed services voter as defined in 42 U.S.C. 1973ff-6;
(3) The address at which the elector is registered to vote;
(4) A statement identifying the elector's length of residence in the state immediately preceding the
commencement of service, or immediately preceding the date of
leaving to be with or near a service member, as the case may be;
(5) The elector's date of birth;
(6) One of the following:
(a) The elector's driver's license number;
(b) The last four digits of the elector's social security number;
(c) A copy of the elector's current and valid photo identification, a copy of a military identification that shows the elector's name and current address, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the name and address of the elector.
(7) A statement identifying the election for which absent voter's ballots are requested;
(8) A statement that the person requesting the ballots is a qualified elector;
(9) If the request is for primary election ballots, the elector's party affiliation;
(10) A statement that the applicant bears a
relationship to the elector as specified in division (C) of this section;
(11) The address to which ballots shall be mailed or
the telephone number to which ballots shall be sent by facsimile
machine;
(12) The signature and address of the person
making the application.
Each application for armed service absent voter's ballots
shall be delivered to the director not earlier than the first day
of January of the year of the elections for which the armed
service absent voter's ballots are requested or not earlier than
ninety days before the day of the election at which the ballots
are to be voted, whichever is earlier, and not later than twelve
noon of the third day preceding the day of the election,
or not later than the close of regular business hours on the
day before the day of the election at which those ballots are to
be voted if the application is delivered in person to the office
of the board.
(D) If the voter for whom the application is made is
entitled to vote for presidential and vice-presidential electors
only, the applicant shall submit to the director in addition to
the requirements of divisions (A), (B), and (C) of this section, a
statement to the effect that the voter is qualified to vote for
presidential and vice-presidential electors and for no other
offices.
Sec. 3511.09. Upon receiving
armed service absent
voter's
ballots, the elector shall cause the questions on the
face
of the
identification envelope to be answered, and, by
writing
the
elector's usual signature in the proper place
on the
identification envelope,
the elector shall
declare under
penalty
of election falsification that the answers
to those
questions are
true and correct to the best of
the
elector's
knowledge and
belief. Then, the elector shall
note whether
there are any
voting
marks on the ballot.
If there
are any voting
marks, the
ballot
shall be returned immediately to
the board of
elections;
otherwise, the elector shall cause the
ballot to be
marked,
folded
separately so as to conceal the
markings
on it,
deposited
in the
identification
envelope, and securely sealed in
the
identification
envelope. The elector then
shall cause the
identification
envelope to
be placed within the return envelope,
sealed in the
return
envelope, and mailed to the director of the
board of
elections to
whom it is addressed. If the elector does not provide the elector's driver's license number or the last four digits of the elector's social security number on the statement of voter on the identification envelope, the elector also shall include in the return envelope with the identification envelope a copy of the elector's current valid photo identification, a copy of a military identification that shows the elector's name and current address, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the name and address of the elector. Each elector who will
be
outside the
United
States on the day of the election shall
check
the box on
the
return envelope indicating this fact
and
shall mail
the return
envelope to the director prior to the close
of the
polls on
election day.
Every armed services absent voter's ballot identification
envelope shall be accompanied by the following statement in
boldface capital letters:
WHOEVER COMMITS
ELECTION FALSIFICATION
IS
GUILTY OF A FELONY OF THE FIFTH DEGREE.
Sec. 3511.13. (A) The poll list or signature pollbook for each precinct shall identify each registered elector in that precinct who has requested an armed services service absent voter's ballot for that election;.
(B)(1) If a registered elector appears to vote in that precinct and that elector has requested an armed service absent voter's ballot for that election but the director has not received a sealed identification envelope purporting to contain that elector's voted armed service absent voter's ballots for that election, the elector shall be permitted to cast a provisional ballot, generally in the manner prescribed in division (B) of under section 3503.16 3505.181 of the Revised Code, in that precinct on the day of that election.
(2) If a registered elector appears to vote in that precinct and that elector has requested an armed service absent voter's ballot for that election and the director has received a sealed identification envelope purporting to contain that elector's voted armed service absent voter's ballots for that election, the elector shall be permitted to cast a provisional ballot, generally in the manner prescribed in division (B) of under section 3503.16 3505.181 of the Revised Code, in that precinct on the day of that election.
(C)(1) In counting armed service absent voter's ballots under section 3511.11 of the Revised Code, the board of elections or the precinct election officials shall compare the poll list or the signature pollbook for each precinct with the name of each elector in that precinct from whom the director has received a sealed identification envelope purporting to contain that elector's voted armed service absent voter's ballots for that election to the signature on the elector's registration form. Except as otherwise provided in division (C)(2)(3) of this section, if the board of elections determines that an elector who cast a ballot, generally in the manner prescribed in division (B) of section 3503.16 of the Revised Code, in the precinct on the day of the election also returned a sealed identification envelope for that election, the armed service absent voter's ballot in the sealed identification envelope is valid, it shall be counted, and the ballot cast in the precinct on the day of the election shall not be counted. If the board of elections determines that the signature on the sealed identification envelope purporting to contain the elector's voted armed service absent voter's ballot does not match the signature on the elector's registration form, the ballot shall be set aside and the board shall examine, during the time prior to the beginning of the official canvass, the poll list or signature pollbook from the precinct in which the elector is registered to vote to determine if the elector also cast a provisional ballot under section 3505.181 of the Revised Code in that precinct on the day of the election.
(2) The board of elections shall count the provisional ballot cast in the precinct on the day of the election, instead of the armed service absent voter's ballot, of an elector from whom the director has received an identification envelope purporting to contain that elector's voted armed service absent voter's ballots, if both of the following apply:
(a) The board of elections determines that the signature of the elector on the outside of the identification envelope in which the armed service absent voter's ballots are enclosed does not match the signature of the elector on the elector's registration form;
(b) The elector cast a provisional ballot, generally in the manner prescribed in division (B) of section 3503.16 of the Revised Code, in the precinct on the day of the election.
(3) If the board of elections does not receive the sealed identification envelope purporting to contain the elector's voted armed service absent voter's ballot by the applicable deadline established under section 3511.11 of the Revised Code, the provisional ballot cast under section 3505.181 of the Revised Code in that precinct on the day of the election shall be counted as valid, if that provisional ballot is otherwise determined to be valid pursuant to section 3505.183 of the Revised Code.
(D)
If the board of elections counts the a provisional ballot cast in the precinct on the day of the election under this division (C)(2) or (3) of this section, the returned
identification envelope of that elector shall not be opened, and the ballot within that envelope shall not be counted. The identification envelope shall be endorsed "Not Counted" with the reason the ballot was not counted.
Sec. 3513.04. Candidates for party nominations to state,
district, county, and municipal offices or positions, for which
party nominations are provided by law, and for election as
members
of party controlling committees shall have their names
printed on
the official primary ballot by filing a declaration of
candidacy
and paying the fees specified for the
office under divisions (A)
and (B) of section 3513.10
of the Revised Code, except that the
joint candidates for party nomination to the offices of governor
and lieutenant governor shall, for the two of them, file one
declaration of candidacy. The joint
candidates also shall pay the
fees specified for the joint candidates under
divisions (A) and
(B) of section 3513.10 of the Revised Code.
The secretary of state shall not accept for filing the
declaration of candidacy of a candidate for party nomination to
the office of governor unless the declaration of candidacy also
shows a joint candidate for the same party's nomination to the
office of lieutenant governor, shall not accept for filing the
declaration of candidacy of a candidate for party nomination to
the office of lieutenant governor unless the declaration of
candidacy also shows a joint candidate for the same party's
nomination to the office of governor, and shall not accept for
filing a declaration of candidacy that shows a candidate for
party
nomination to the office of governor or lieutenant governor
who,
for the same election,
has already
filed a
declaration of
candidacy
or a
declaration of intent to be a
write-in candidate, or has become a candidate by the filling of a
vacancy under section
3513.30 of the Revised Code for any other
state office or any federal or federal or county office.
No person who seeks party nomination for an office or
position at a primary election by declaration of candidacy or by
declaration of intent to be a write-in candidate
and no person who
is a first choice for president of candidates seeking
election as
delegates and alternates to the national conventions of the
different major political parties who are chosen by direct vote of
the
electors as provided in this chapter shall be permitted to
become a candidate
by nominating petition or by declaration of
intent to be a write-in
candidate at the following general
election for any office
other than the office of member of
the
state board of education, office of member of a city, local, or
exempted
village board of education, office of member of a
governing board of an
educational service center, or office of
township trustee.
Sec. 3513.041. A write-in space shall be provided on the
ballot for every office, except in an
election for which the board
of elections has received no valid
declarations of intent to be a
write-in candidate under this
section. Write-in votes shall not
be counted
for any candidate who has not filed a declaration of
intent to be
a write-in candidate pursuant to this section. A
qualified
person who has filed a declaration of intent may receive
write-in
votes at either a primary or general election. Any
candidate shall file a declaration of
intent
to be a write-in candidate before four p.m. of the
fiftieth sixty-second day
preceding the election at which such candidacy is to be
considered. If the election is to be determined by electors of a
county or a district or subdivision within the county, such
declaration shall be filed with the board of elections of that
county. If the election is to be determined by electors of a
subdivision located in more than one county, such declaration
shall be filed with the board of elections of the county in which
the major portion of the population of such subdivision is
located. If the election is to be determined by electors of a
district comprised of more than one county but less than all of
the counties of the state, such declaration shall be filed with
the board of elections of the most populous county in such
district. Any candidate for an office to be voted upon by
electors throughout the entire state shall file a declaration of
intent to be a write-in candidate with the secretary of state
before four p.m. of the fiftieth sixty-second day preceding
the election at
which such candidacy is to be considered. In addition,
candidates
for president and vice-president of the United States
shall also
file with the secretary of state by said
fiftieth that sixty-second day
a slate of
presidential electors sufficient in number to satisfy
the
requirements of the United States constitution.
A board of elections shall not accept for filing the
declaration of intent to be a write-in candidate of a person
seeking to become a candidate if
that
person, for the same
election, has already filed a declaration of
candidacy,
a
declaration of intent to be a write-in candidate,
or a
nominating
petition, or has become a candidate through party nomination at a
primary election or
by
the filling of a vacancy under section
3513.30 or 3513.31 of
the
Revised Code, for any federal, federal, state,, or county
office, if the declaration of intent to be a write-in candidate is
for a state or county office, or for any municipal or township
office, for member of a city, local, or exempted village board
of
education, or for member of a governing board of an educational
service center, if the declaration of intent to be a write-in
candidate is for a municipal or township office, or for member of
a
city, local, or exempted village board of education, or for
member of a
governing board of an educational service center.
No person shall file a declaration of intent to be a
write-in
candidate for the office of governor unless the
declaration also
shows the intent of another person to be a
write-in candidate for
the office of lieutenant governor. No
person shall file a
declaration of intent to be a write-in
candidate for the office of
lieutenant governor unless the
declaration also shows the intent
of another person to be a
write-in candidate for the office of
governor. No person shall
file a declaration of intent to be a
write-in candidate for the
office of governor or lieutenant
governor if the person has
previously
filed a declaration of
intent to be a write-in candidate to the
office of governor or
lieutenant governor at the same primary or
general election. A
write-in vote for the two candidates who
file such a declaration
shall be counted as a vote for them as
joint candidates for the
offices of governor and lieutenant
governor.
The secretary of state shall not accept for filing the
declaration of intent to be a write-in candidate of a person for
the office of governor unless the declaration also shows the
intent of another person to be a write-in candidate for the
office
of lieutenant governor, shall not accept for filing the
declaration of intent to be a write-in candidate of a person for
the office of lieutenant governor unless the declaration also
shows the intent of another person to be a write-in candidate for
the office of governor, and shall not accept for filing the
declaration of intent to be a write-in candidate of a person to
the office of governor or lieutenant governor if that person, for
the same election, has
already
filed a declaration
of candidacy, a
declaration of intent
to be a write-in
candidate, or a nominating petition,
or has become a
candidate through
party nomination at a primary election or by the
filling of a
vacancy under section 3513.30 or 3513.31 of the
Revised Code, for
any other state office or any federal or federal or county office.
Protests against the candidacy of any person filing a
declaration of intent to be a write-in candidate may be filed by
any qualified elector who is eligible to vote in the election at
which the candidacy is to be considered. The protest shall be
in
writing and shall be filed not later than four
p.m. of the
forty-fifth fifty-seventh day before the day
of the election. The protest shall
be filed with the
board of elections with which the declaration of
intent to be a write-in
candidate was
filed. Upon the filing of
the protest, the board
with which it is filed shall promptly fix
the time for hearing it
and shall proceed in regard to the hearing
in the same manner as
for hearings set for protests filed under
section 3513.05 of the
Revised Code. At the time fixed, the
board
shall hear the protest and determine the validity or
invalidity of
the declaration of intent to be a write-in
candidate. If the
board finds that the candidate is not an elector of
the state,
district, county, or political subdivision in which the candidate
seeks election to office or has not fully complied with the
requirements of Title XXXV of the Revised
Code in regard to the
candidate's candidacy, the candidate's
declaration of
intent to be
a write-in candidate shall be determined to be
invalid and shall
be rejected; otherwise, it shall be determined
to be valid. The
determination of the board is
final.
The secretary of state shall prescribe the form of the
declaration of intent to be a write-in candidate.
Sec. 3513.05. Each person desiring to become a candidate
for
a party nomination or for election to an office or position
to be
voted for at a primary election, except persons desiring to
become
joint candidates for the offices of governor and
lieutenant
governor and except as otherwise provided in section 3513.051
of
the Revised Code, shall, not later than four
p.m. of the
seventy-fifth day before the day of the primary election, or if
the primary election is a presidential primary election, not
later
than four p.m. of the sixtieth day before the day of the
presidential primary election, file a declaration of candidacy
and
petition and pay the fees required under divisions
(A) and (B) of
section 3513.10 of the
Revised Code. The declaration of candidacy
and all separate
petition papers shall be filed at the same time
as one
instrument. When the offices are to be voted for at a
primary
election, persons desiring to become joint candidates for
the
offices of governor and lieutenant governor shall, not later
than
four p.m. of the seventy-fifth day before the day of the
primary
election, comply with section 3513.04 of the Revised Code.
The
prospective joint candidates' declaration of candidacy and all
separate petition papers of candidacies shall be filed at the
same
time as one instrument.
The secretary of state or a board of
elections shall not accept for filing a declaration of candidacy
and petition of a person seeking to become a candidate if that
person, for the same election, has already filed a declaration of
candidacy or a declaration of intent to be a write-in candidate,
or has become a candidate by the filling of a vacancy under
section 3513.30 of the Revised Code for any federal, federal, state,, or county
office, if the declaration of candidacy is for a state or county
office, or for any municipal or township office, if the
declaration of candidacy is for a municipal or township office.
If the declaration of candidacy declares a candidacy which
is
to be submitted to electors throughout the entire state, the
petition, including a petition for joint candidates for the
offices of governor and lieutenant governor, shall be signed by
at
least one thousand qualified electors who are members of the
same
political party as the candidate or joint candidates, and the
declaration of candidacy and petition shall be filed with the
secretary of state; provided that the secretary of state shall
not
accept or file any such petition appearing on its face to
contain
signatures of more than three thousand electors.
Except as otherwise provided in this paragraph, if the
declaration of candidacy is of one that is to be submitted only
to
electors within a district, political subdivision, or portion
thereof, the petition shall be signed by not less than fifty
qualified electors who are members of the same political party as
the political party of which the candidate is a member. If the
declaration of candidacy is for party nomination as a candidate
for member of the legislative authority of a municipal
corporation
elected by ward, the petition shall be signed by not
less than
twenty-five qualified electors who are members of the
political
party of which the candidate is a member.
No such petition, except the petition for a candidacy that
is
to be submitted to electors throughout the entire state, shall
be
accepted for filing if it appears to contain on its face
signatures of more than three times the minimum number of
signatures. When a petition of a candidate has been accepted for
filing by a board of elections, the petition shall not be deemed
invalid if, upon verification of signatures contained in the
petition, the board of elections finds the number of signatures
accepted exceeds three times the minimum number of signatures
required. A board of elections may discontinue verifying
signatures on petitions when the number of verified signatures
equals the minimum required number of qualified signatures.
If the declaration of candidacy declares a candidacy for
party nomination or for election as a candidate of an
intermediate
or minor party, the minimum number of signatures on
such petition
is one-half the minimum number provided in this
section, except
that, when the candidacy is one for election as a
member of the
state central committee or the county central
committee of a
political party, the minimum number shall be the
same for an
intermediate or minor party as for a major party.
If a declaration of candidacy is one for election as a
member
of the state central committee or the county central
committee of
a political party, the petition shall be signed by
five qualified
electors of the district, county, ward, township,
or precinct
within which electors may vote for such candidate.
The electors
signing such petition shall be members of the same
political party
as the political party of which the candidate is
a member.
For purposes of signing or circulating a petition of
candidacy for party nomination or election, an elector is
considered to be a member of a political party if the elector
voted
in
that party's primary election within the preceding two
calendar
years, or if the elector did not vote in any other
party's primary
election within the preceding two calendar years.
If the declaration of candidacy is of one that is to be
submitted only to electors within a county, or within a district
or subdivision or part thereof smaller than a county, the
petition
shall be filed with the board of elections of the
county. If the
declaration of candidacy is of one that is to be
submitted only to
electors of a district or subdivision or part
thereof that is
situated in more than one county, the petition
shall be filed with
the board of elections of the county within
which the major
portion of the population thereof, as ascertained
by the next
preceding federal census, is located.
A petition shall consist of separate petition papers, each
of
which shall contain signatures of electors of only one county.
Petitions or separate petition papers containing signatures of
electors of more than one county shall not thereby be declared
invalid. In case petitions or separate petition papers
containing
signatures of electors of more than one county are
filed, the
board shall determine the county from which the
majority of
signatures came, and only signatures from such county
shall be
counted. Signatures from any other county shall be
invalid.
Each separate petition paper shall be circulated by one
person only, who shall be the candidate or a joint candidate or a
member of the same political party as the candidate or joint candidate or joint candidates, and each
separate petition paper shall be governed by the rules set forth
in section 3501.38 of the Revised Code.
The secretary of state shall promptly transmit to each
board
such separate petition papers of each petition accompanying
a
declaration of candidacy filed with the secretary of state
as
purport to contain
signatures of electors of the county of such
board. The board of
the most populous county of a district shall
promptly transmit to
each board within such district such separate
petition papers of
each petition accompanying a declaration of
candidacy filed with
it as purport to contain signatures of
electors of the county of
each such board. The board of a county
within which the major
portion of the population of a subdivision,
situated in more than
one county, is located, shall promptly
transmit to the board of
each other county within which a portion
of such subdivision is
located such separate petition papers of
each petition
accompanying a declaration of candidacy filed with
it as purport
to contain signatures of electors of the portion of
such
subdivision in the county of each such board.
All petition papers so transmitted to a board and all
petitions accompanying declarations of candidacy filed with a a
board shall, under proper regulations, be open to public
inspection until four p.m. of the seventieth day before the day
of
the next primary election, or if that next primary election is
a
presidential primary election, the fifty-fifth day before that
presidential primary election. Each board shall, not later than
the sixty-eighth day before the day of that that primary election, or
if the primary election is a presidential primary election, not
later than the fifty-third day before such presidential primary
election, examine and determine the validity or invalidity of the
signatures on the petition papers so transmitted to or filed with
it and shall return to the secretary of state all petition papers
transmitted to it by the secretary of state, together with its
certification of its determination as to the validity or
invalidity of signatures thereon, and shall return to each other
board all petition papers transmitted to it by such board,
together with its certification of its determination as to the
validity or invalidity of the signatures thereon. All other
matters affecting the validity or invalidity of such petition
papers shall be determined by the secretary of state or the board
with whom such petition papers were filed.
Protests against the candidacy of any person filing a
declaration of candidacy for party nomination or for election to
an office or position, as provided in this section, may be filed
by any qualified elector who is a member of the same political
party as the candidate and who is eligible to vote at the primary
election for the candidate whose declaration of candidacy the
elector
objects to, or by the controlling committee of that political that political party.
The The
protest shall shall be in writing, and shall shall be filed not later than
four
p.m. of the sixty-fourth day before the day of the primary
election, or if the primary election is a presidential primary
election, not later than four p.m. of the forty-ninth day before
the day of the presidential primary election. The The protest shall
be filed with the election officials with whom the declaration of
candidacy and petition was filed. Upon the filing of the the
protest, the election officials with whom it is filed shall
promptly fix the time for hearing it, and shall forthwith mail
notice of the filing of the the protest and the time fixed for
hearing to the person whose candidacy is so protested. They
shall
also forthwith mail notice of the time fixed for such
hearing to
the person who filed the protest. At the time fixed,
such
election officials shall hear the protest and determine the
validity or invalidity of the declaration of candidacy and
petition. If they find that such candidate is not an elector of
the state, district, county, or political subdivision in which
the
candidate seeks a party nomination or election to an office or
position,
or
has not fully complied with this chapter, the
candidate's
declaration of
candidacy and petition shall be
determined to be invalid and
shall be rejected;; otherwise,, it shall
be determined to be valid.
That That determination shall be final.
A protest against the candidacy of any persons filing a
declaration of candidacy for joint party nomination to the
offices
of governor and lieutenant governor shall be filed,
heard, and
determined in the same manner as a protest against the
candidacy
of any person filing a declaration of candidacy singly.
The secretary of state shall, on the sixtieth day before
the
day of a primary election, or if the primary election is a
presidential primary election, on the forty-fifth day before the
day of the presidential primary election, certify to each board
in
the state the forms of the official ballots to be used at the the
primary election, together with the names of the candidates to be
printed on the ballots on the ballots whose nomination or election is to be determined
by electors throughout the entire state and who filed valid
declarations of candidacy and petitions.
The board of the most populous county in a district
comprised
of more than one county but less than all of the
counties of the
state shall,, on the sixtieth day before the day of
a primary
election, or if the primary election is a presidential
primary
election, on the forty-fifth day before the day of a
presidential
primary election, certify to the board of each
county in the
district the names of the candidates to be printed
on the official
ballots to be used at the the primary election,
whose nomination or
election is to be determined only by electors
within the the district
and who filed valid declarations of
candidacy and petitions.
The board of a county within which the major portion of the
population of a subdivision smaller than the county and situated
in more than one county is located shall, on the sixtieth day
before the day of a primary election, or if the primary election
is a presidential primary election, on the forty-fifth day before
the day of a presidential primary election, certify to the board
of each county in which a portion of that that subdivision is located
the names of the candidates to be printed on the official ballots
to be used at the the primary election, whose nomination or election
is to be determined only by electors within that that subdivision and
who filed valid declarations of candidacy and petitions.
Sec. 3513.052. (A) No person shall seek nomination or
election to any of the following offices or positions at the same
election by filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a nominating
petition, or by becoming a candidate through party nomination in a
primary election, or by the filling of a vacancy under section
3513.30 or 3513.31 of the Revised Code:
(1) Two or more state offices;
(2) Two or more county offices;
(3) A state office and a county office;
(4) A federal office and a state or county office;
(5) A federal office and a state or county office;
(5) Any combination of two or more municipal or township
offices, positions
as a member of a city, local, or exempted
village board of
education, or positions as a member of a
governing board of an
educational service center.
(B) The secretary of state or a board of elections shall
not
accept for filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a nominating
petition of a person seeking to become a candidate if that person,
for the same election,
has already filed a
declaration of
candidacy, a declaration of intent to be a
write-in candidate, or
a nominating petition, or has become a candidate through party
nomination at a
primary election or by the filling of a vacancy
under section
3513.30 or 3513.31 of the Revised Code for:
(1) Any federal, federal, state,, or county office, if the declaration of
candidacy, declaration of intent to be a write-in candidate, or
nominating petition is for a state or county office;
(2) Any municipal or township office, or for member of a
city,
local, or exempted village board of education, or for member
of a
governing board of an educational service center, if the
declaration of candidacy, declaration of intent to be a write-in
candidate, or nominating petition is for a municipal or township
office, or for member of a city, local, or exempted village board
of education, or for member of a governing board of an
educational
service center.
(C)(1) If the secretary of state determines, before the day
of the primary election, that a person is seeking nomination to
more than one office at that election in violation of division (A)
of this section, the secretary of state shall do one of the
following:
(a) If each office or the district for each office for which
the person is seeking nomination is wholly within a single
county and none of those offices is a federal office and none of those offices is a federal office,
the secretary of state shall notify the board of elections
of that
county. The board then shall determine the
date on which the
person first sought to become a candidate for
each of those
offices by filing a declaration of candidacy or a
declaration of
intent to be a write-in candidate or by the filling
of a vacancy
under section 3513.30 of the Revised Code. The board
shall vote
promptly to disqualify that person as a candidate for each office
for
which the person sought to become a candidate after the date
on
which the person first sought to become a candidate for any of
those offices. If the board determines that the person sought to
become a candidate for more than one of those offices on the same
date, the board shall vote promptly to disqualify that person as a
candidate for
each office that would be listed on the ballot below
the highest office for which that person seeks nomination,
according to the ballot order prescribed under section 3505.03 of
the Revised Code.
(b) If one or more of the offices for which the person is
seeking nomination is a state office or an office with a district
larger than a single county and none of the offices for which the person is seeking nomination is a federal office and none of the offices for which the person is seeking nomination is a federal office, the secretary of state shall
determine the date on which the person first sought to become a
candidate for each of those offices by filing a declaration of
candidacy or a declaration of intent to be a write-in candidate or
by the filling of a vacancy under section 3513.30 of the Revised
Code. The secretary of state shall order the board of elections
of each county in which the person is seeking to appear on
the
ballot to disqualify that person as a candidate for each
office
for which the person sought to become a candidate after the
date
on which the person first sought to become a candidate for
any of
those offices. If the secretary of state determines that
the
person sought to become a candidate for more than one of those
offices on the same date, the secretary of state shall order the
board of elections of each county in which the person is seeking
to appear on the ballot to disqualify that person as a
candidate
for each office that would be listed on the ballot below the
highest office for which that person seeks nomination, according
to the ballot order prescribed under section 3505.03 of the
Revised Code. Each
board of elections so notified shall vote
promptly to disqualify
the person as a candidate in accordance
with the order of the
secretary of state.
(c) If each office or the district for each office for which the person is seeking nomination is wholly within a single county and any of those offices is a federal office, the secretary of state shall notify the board of elections of that county. The board then shall vote promptly to disqualify that person as a candidate for each office that is not a federal office.
(d) If one or more of the offices for which the person is seeking nomination is a state office and any of the offices for which the person is seeking nomination is a federal office, the secretary of state shall order the board of elections of each county in which the person is seeking to appear on the ballot to disqualify that person as a candidate for each office that is not a federal office. Each board of elections so notified shall vote promptly to disqualify the person as a candidate in accordance with the order of the secretary of state.
(c) If each office or the district for each office for which the person is seeking nomination is wholly within a single county and any of those offices is a federal office, the secretary of state shall notify the board of elections of that county. The board then shall vote promptly to disqualify that person as a candidate for each office that is not a federal office.
(d) If one or more of the offices for which the person is seeking nomination is a state office and any of the offices for which the person is seeking nomination is a federal office, the secretary of state shall order the board of elections of each county in which the person is seeking to appear on the ballot to disqualify that person as a candidate for each office that is not a federal office. Each board of elections so notified shall vote promptly to disqualify the person as a candidate in accordance with the order of the secretary of state.
(2) If a board of elections determines, before the day of the
primary election, that a person is seeking nomination to more than
one office at that election in violation of division (A) of this
section, the board shall do one of the following:
(a) If each office or the district for each office for which
the person is seeking nomination is wholly within that
county and none of those offices is a federal office and none of those offices is a federal office,
the board shall determine the date on which
the person first
sought to become a candidate for each of those
offices by filing a
declaration of candidacy or a declaration of
intent to be a
write-in candidate or by the filling of a vacancy
under section
3513.30 of the Revised Code. The board shall
vote promptly to
disqualify that person as a candidate for each office for which
the person sought to become a candidate after the date on which
the person first sought to become a candidate for any of those
offices. If the board determines that the person sought to become
a candidate for more than one of those offices on the same date,
the board shall vote promptly to disqualify that person as a
candidate for each office that would be listed on the ballot below
the highest office for which that person seeks nomination,
according to the ballot order prescribed under section 3505.03 of
the Revised Code.
(b) If one or more of the offices for which the person is
seeking nomination is a state office or an office with a district
larger than a single county and none of the offices for which the person is seeking nomination is a federal office and none of the offices for which the person is seeking nomination is a federal office, the board shall notify
the secretary
of state. The secretary of state then shall
determine the date on
which the person first sought to become a
candidate for each of
those offices by filing a declaration of
candidacy or a
declaration of intent to be a write-in candidate or
by the filling
of a vacancy under section 3513.30 of the Revised
Code. The
secretary of state shall order the board of elections
of each
county in which the person is seeking to appear on
the ballot to
disqualify that person as a candidate for each
office for which
the person sought to become a candidate after the
date on which
the person first sought to become a candidate for
any of those
offices. If the secretary of state determines that
the person
sought to become a candidate for more than one of those
offices on
the same date, the secretary of state shall order the
board of
elections of each county in which the person is seeking to appear
on the ballot to disqualify that person as a
candidate for each
office that would be listed on the ballot below the highest office
for which that person seeks nomination, according to the ballot
order prescribed under section 3505.03 of the Revised Code. Each
board of elections so notified shall vote promptly to disqualify
the person as a candidate in accordance with the order of the
secretary of state.
(c) If each office or the district for each office for which the person is seeking nomination is wholly within a single county and any of those offices is a federal office, the board shall vote promptly to disqualify that person as a candidate for each office that is not a federal office.
(d) If one or more of the offices for which the person is seeking nomination is a state office and any of the offices for which the person is seeking nomination is a federal office, the board shall notify the secretary of state. The secretary of state then shall order the board of elections of each county in which the person is seeking to appear on the ballot to disqualify that person as a candidate for each office that is not a federal office. Each board of elections so notified shall vote promptly to disqualify the person as a candidate in accordance with the order of the secretary of state.
(c) If each office or the district for each office for which the person is seeking nomination is wholly within a single county and any of those offices is a federal office, the board shall vote promptly to disqualify that person as a candidate for each office that is not a federal office.
(d) If one or more of the offices for which the person is seeking nomination is a state office and any of the offices for which the person is seeking nomination is a federal office, the board shall notify the secretary of state. The secretary of state then shall order the board of elections of each county in which the person is seeking to appear on the ballot to disqualify that person as a candidate for each office that is not a federal office. Each board of elections so notified shall vote promptly to disqualify the person as a candidate in accordance with the order of the secretary of state.
(D)(1) If the secretary of state determines, after the day of
the primary election and before the day of the general election,
that a person is seeking election to more than one office at that
election in violation of division (A) of this section, the
secretary of state shall do one of the following:
(a) If each office or the district for each office for which
the person is seeking election is wholly within a single
county and none of those offices is a federal office and none of those offices is a federal office,
the secretary of state shall notify the board of elections
of that
county. The board then shall determine the
offices for which the
person seeks to appear as a candidate on the ballot.
The
board
shall vote promptly to disqualify that person as a candidate for
each
office
that would be listed on the ballot below the highest
office
for
which that person seeks election, according to the
ballot
order
prescribed under section 3505.03 of the Revised Code.
If the person sought nomination at a primary election and has not
yet been issued a certificate of nomination, the board shall not
issue that certificate for that person for any office that would
be listed on the ballot below the highest office for which that
person seeks election, according to the ballot order prescribed
under section 3505.03 of the Revised Code.
(b) If one or more of the offices for which the person is
seeking election is a state office or an office with a district
larger than a single county and none of the offices for which the person is seeking election is a federal office and none of the offices for which the person is seeking election is a federal office, the secretary of state shall promptly
investigate and determine the offices for which the person seeks
to appear as a candidate on the ballot. The secretary of state
shall order
the board of elections of each county in which the
person is seeking to appear on the ballot to disqualify that
person as a
candidate for each office that would be listed on the
ballot below
the highest office for which that person seeks
election, according
to the ballot order prescribed under section
3505.03 of the
Revised Code. Each board of elections so notified
shall vote
promptly to disqualify the person as a candidate in
accordance
with the order of the secretary of state. If the person
sought nomination at a primary election and has not yet been
issued a certificate of nomination, the board shall not issue that
certificate for that person for any office that would be listed on
the ballot below the highest office for which that person seeks
election, according to the ballot order prescribed under section
3505.03 of the Revised Code.
(c) If each office or the district for each office for which the person is seeking election is wholly within a single county and any of those offices is a federal office, the secretary of state shall notify the board of elections of that county. The board then shall vote promptly to disqualify that person as a candidate for each office that is not a federal office. If the person sought nomination at a primary election and has not yet been issued a certificate of nomination, the board shall not issue that certificate for that person for any office that is not a federal office.
(d) If one or more of the offices for which the person is seeking election is a state office and any of the offices for which the person is seeking election is a federal office, the secretary of state shall order the board of elections of each county in which the person is seeking to appear on the ballot to disqualify that person as a candidate for each office that is not a federal office. Each board of elections so notified shall vote promptly to disqualify the person as a candidate in accordance with the order of the secretary of state. If the person sought nomination at a primary election and has not yet been issued a certificate of nomination, the board shall not issue that certificate for that person for any office that is not a federal office.
(c) If each office or the district for each office for which the person is seeking election is wholly within a single county and any of those offices is a federal office, the secretary of state shall notify the board of elections of that county. The board then shall vote promptly to disqualify that person as a candidate for each office that is not a federal office. If the person sought nomination at a primary election and has not yet been issued a certificate of nomination, the board shall not issue that certificate for that person for any office that is not a federal office.
(d) If one or more of the offices for which the person is seeking election is a state office and any of the offices for which the person is seeking election is a federal office, the secretary of state shall order the board of elections of each county in which the person is seeking to appear on the ballot to disqualify that person as a candidate for each office that is not a federal office. Each board of elections so notified shall vote promptly to disqualify the person as a candidate in accordance with the order of the secretary of state. If the person sought nomination at a primary election and has not yet been issued a certificate of nomination, the board shall not issue that certificate for that person for any office that is not a federal office.
(2) If a board of elections determines, after the day of the
primary election and before the day of the general election, that
a person is seeking election to more than one office at that
election in violation of division (A) of this section, the board
of elections shall do one of the following:
(a) If each office or the district for each office for which
the person is seeking election is wholly within that
county and none of those offices is a federal office and none of those offices is a federal office, the
board shall determine the offices for
which the person seeks to
appear as a candidate on the ballot. The board
shall vote
promptly to disqualify that person as a candidate for each office
that
would be listed on the ballot below the highest office for
which
that person seeks election, according to the ballot order
prescribed under section 3505.03 of the Revised Code. If the
person sought nomination at a primary election and has not yet
been issued a certificate of nomination, the board shall not issue
that certificate for that person for any office that would be
listed on the ballot below the highest office for which that
person seeks election, according to the ballot order prescribed
under section 3505.03 of the Revised Code.
(b) If one or more of the offices for which the person is
seeking election is a state office or an office with a district
larger than a single county and none of the offices for which the person is seeking election is a federal office and none of the offices for which the person is seeking election is a federal office, the board shall notify
the secretary
of state. The secretary of state promptly shall
investigate and
determine the offices for which the person seeks to appear as a
candidate on the ballot. The secretary of state shall order
the
board of elections of each county in which the person is seeking
to appear on the ballot to disqualify that person as a
candidate
for each office that would be listed on the ballot below
the
highest office for which that person seeks election,
according to
the ballot order prescribed under section 3505.03 of
the Revised
Code. Each board of elections so notified shall vote
promptly to
disqualify the person as a candidate in accordance
with the order
of the secretary of state. If the person sought nomination at a
primary election and has not yet been issued a certificate of
nomination, the board shall not issue that certificate for that
person for any office that would be listed on the ballot below the
highest office for which that person seeks election, according to
the ballot order prescribed under section 3505.03 of the Revised
Code.
(c) If each office or the district for each office for which the person is seeking election is wholly within that county and any of those offices is a federal office, the board shall vote promptly to disqualify that person as a candidate for each office that is not a federal office. If the person sought nomination at a primary election and has not yet been issued a certificate of nomination, the board shall not issue that certificate for that person for any office that is not a federal office.
(d) If one or more of the offices for which the person is seeking election is a state office and any of the offices for which the person is seeking election is a federal office, the board shall notify the secretary of state. The secretary of state shall order the board of elections of each county in which the person is seeking to appear on the ballot to disqualify that person as a candidate for each office that is not a federal office. Each board of elections so notified shall vote promptly to disqualify the person as a candidate in accordance with the order of the secretary of state. If the person sought nomination at a primary election and has not yet been issued a certificate of nomination, the board shall not issue that certificate for that person for any office that is not a federal office.
(c) If each office or the district for each office for which the person is seeking election is wholly within that county and any of those offices is a federal office, the board shall vote promptly to disqualify that person as a candidate for each office that is not a federal office. If the person sought nomination at a primary election and has not yet been issued a certificate of nomination, the board shall not issue that certificate for that person for any office that is not a federal office.
(d) If one or more of the offices for which the person is seeking election is a state office and any of the offices for which the person is seeking election is a federal office, the board shall notify the secretary of state. The secretary of state shall order the board of elections of each county in which the person is seeking to appear on the ballot to disqualify that person as a candidate for each office that is not a federal office. Each board of elections so notified shall vote promptly to disqualify the person as a candidate in accordance with the order of the secretary of state. If the person sought nomination at a primary election and has not yet been issued a certificate of nomination, the board shall not issue that certificate for that person for any office that is not a federal office.
(E) When a person is disqualified as a candidate under
division (C) or (D) of this section, that person's name shall not
appear on the ballots on or before the sixtieth day before the day of the applicable election, or, if the election is a presidential primary election, on or before the forty-fifth day before the day of the presidential primary election, the board of elections shall remove the person's name from the ballot for any office for which that person has
been disqualified as a candidate. If the ballots have already
been prepared, the board of elections shall
remove the name of the
disqualified candidate from the ballots to
the extent practicable
in the time remaining before the election
and according to the
directions of the secretary of state. When a person is disqualified as a candidate under division (C) or (D) of this section after the sixtieth day before the day of the applicable election, or, if the election is a presidential primary election, after the forty-fifth day before the day of the presidential primary election, the board of elections shall not remove the person's name from the ballot for any office for which that person has been disqualified as a candidate. The board of elections shall post a notice at each polling location on the day of the applicable election, and shall enclose with each absent voter's ballot given or mailed after the candidate is disqualified, a notice that votes for the person for the office for which the person has been disqualified as a candidate will be void and will not be counted. If the
name is not removed
from the ballots before the day of the
election, the votes for the
disqualified candidate are void and
shall not be counted.
(F) Any vacancy created by the disqualification of a person
as a candidate under division (C) or (D) of this section may be
filled in the manner provided for in sections 3513.30 and 3513.31
of the Revised Code.
(G) Nothing in this section or section 3513.04, 3513.041,
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257,
3513.259, or 3513.261 of the Revised Code prohibits, and the
secretary of state or a board of
elections shall not disqualify, a
person from being a candidate
for an office, if that person timely
withdraws as a candidate
for any offices specified in division (A)
of this section for which that person
first sought to become a
candidate by filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a nominating
petition, by party nomination in a primary election, or by the
filling of a vacancy under section 3513.30 or 3513.31 of the
Revised Code.
(H) As used in this section:
(1) "State office" means the offices of governor, lieutenant
governor, secretary of state, auditor of state, treasurer of
state, attorney general, member of the state board of education,
member of the general assembly, chief justice of the supreme
court, and justice of the supreme court.
(2) "Timely withdraws" means either of the following:
(a) Withdrawing as a candidate before the applicable deadline
for filing a declaration of candidacy, declaration of intent to be
a write-in candidate, or nominating petition for the subsequent
office for which the person is seeking to become a candidate at the same election;
(b) Withdrawing as a candidate before the applicable deadline
for the filling of a vacancy under section 3513.30 or 3513.31 of
the Revised Code, if the person is seeking to become a candidate
for a subsequent office at the same election under either of those sections.
Sec. 3513.07. The form of declaration of candidacy and
petition of a person desiring to be a candidate for a party
nomination or a candidate for election to an office or position
to
be voted for at a primary election shall be substantially as
follows:
"DECLARATION OF CANDIDACY
PARTY PRIMARY ELECTIONI, ........................... (Name of Candidate), the
undersigned, hereby declare under penalty of election
falsification that my voting residence is in ...............
precinct of the ............................. (Township) or
(Ward
and City or Village) in the county of ................,
Ohio; that
my voting residence is
............... (Street and
Number, if any,
or Rural Route and Number) of the
.............................
(City or Village) of .................,
Ohio; and that I am a
qualified
elector in the precinct in which my voting residence is
located. I am a
member of the ........ Party. I hereby declare
that I
desire to be .................... (a candidate for
nomination as
a candidate of
the Party for election to
the office
of .............) (a candidate for election to the
office or
position of ..............) for the ............ in the
state,
district, (Full term or unexpired term ending
...............)
county, city, or village of ...................,
at the primary
election to be held on the ............. day of
........., ....,
and I hereby request that my name be printed upon
the official
primary election ballot of the said .......... Party
as a
candidate for ......... (such nomination) or (such election)
as
provided by law.
I further declare that, if elected to said office or
position, I will qualify therefor, and that I will support and
abide by the principles enunciated by the ............ Party.
Dated this .......... day of ................., .........
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(Signature of candidate) |
WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY
OF THE FIFTH
DEGREE.
PETITION OF CANDIDATEWe, the undersigned, qualified electors of the state of
Ohio,
whose voting residence is in the county, city, village,
ward,
township, or school district, and precinct set opposite our
names,
and members of the .......................................
Party,
hereby certify that ............................ (Name of
candidate) whose declaration of candidacy is filed herewith, is
a
member of the ............ Party, and is, in our opinion, well
qualified to perform the duties of the office or position to
which
that candidate desires to be elected.
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and
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Village or |
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Signature |
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Township
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Ward |
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Precinct |
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Date |
(Must use address on file with the board of elections)
....................................................................
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....................................................................
....................................... (Name of circulator
of petition), declares under penalty of election falsification
that the circulator of the petition is a qualified elector of the
state of Ohio and resides at
the address appearing below the
signature of that
circulator; that the circulator is a
member of
the ........... Party; that the circulator is the
circulator
of
the
foregoing petition paper containing ............. (Number)
signatures; that the circulator witnessed the affixing of every
signature;
that all signers were to the best of the circulator's
knowledge and
belief
qualified to sign; and that every signature
is to the best of the
circulator's
knowledge and belief the
signature of the person whose signature
it purports to be or of an attorney in fact acting pursuant to section 3501.382 of the Revised Code.
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permanent residence |
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in this state) |
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candidate, the name and address |
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of person employing |
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circulator to circulate |
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petition, if any) |
WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY
OF THE FIFTH
DEGREE."
The secretary of state shall prescribe a form of
declaration
of candidacy and petition, and the form shall
be
substantially
similar to the declaration of candidacy and
petition set forth in
this section, that will be suitable for
joint candidates for the
offices of governor and lieutenant
governor.
The petition provided for in this section shall be
circulated
only by a member of the same political party as the
candidate.
Sec. 3513.09. If the petition, required by section 3513.07 of the Revised
Code to be filed with a declaration of candidacy, consists of more than one
separate petition paper, the declaration of candidacy of the candidate named
need be signed by the candidate, or of an attorney in fact acting pursuant to section 3501.382 of the Revised Code, on only one of such separate petition papers,
but the declaration of candidacy so signed shall be copied on each other
separate petition paper before the signature of electors are placed thereon on it.
Sec. 3513.19. (A) It is the duty of any witness or
challenger and of any judge of elections and the right
of any elector, whenever any such person judge of elections doubts that
another a person attempting to vote at a primary election is legally
entitled to vote at such that election, to challenge the right of
that other person to vote. The right of a person to vote at a primary
election may be challenged upon the following grounds:
(1) That the person whose right to vote is challenged is
not a legally qualified elector;
(2) That the person has received or has been promised some
valuable reward or consideration for the person's vote;
(3) That the person is not affiliated with or is not a member of
the political party whose ballot the person desires to vote. Such
party affiliation shall be determined by examining the elector's voting
record for the current year and the immediately preceding
two calendar
years as shown on the voter's registration card, using the
standards of affiliation specified in the seventh
paragraph of section
3513.05 of the Revised Code. Division (A)(3) of this section
and the seventh paragraph of section 3513.05 of the Revised Code
do not prohibit a person who
holds an elective office for which candidates are nominated at
a party primary election from doing any of the following:
(a) If the person voted as a member of a different political
party at any
primary election within the current year and the immediately preceding two
calendar years, being a candidate for nomination at a
party primary held during the times specified in division (C)(2) of
section 3513.191 of the Revised Code
provided that the person complies with the requirements
of that section;
(b) Circulating the person's own petition of
candidacy for party nomination in the primary election.
(B) When the right of a person to vote is challenged upon
the ground set forth in division (A)(3) of this section,
membership in or political affiliation with a political party
shall be determined by the person's statement, made under penalty
of election falsification, that the person desires to be
affiliated with and supports the principles of the political
party whose primary ballot the person desires to vote.
Sec. 3513.20. Before any challenged person shall be
allowed to vote at a primary election he, the person shall make a
statement,
under penalty of election falsification, before one of the
precinct officials, blanks for which shall be furnished by the
board of elections, giving name, age, residence, length of
residence in the precinct, county, and state; stating that the
person desires to be affiliated with and supports the principles
of the political party whose ballot the person desires to vote;
and giving all other facts necessary to determine whether he the
person is
entitled to vote in such that primary election. Such The statement shall
be returned to the office of the board with the pollbooks and
tally sheets.
If a person challenged refuses to make such that statement under
penalty of election falsification, he the person shall be
refused permitted to vote a provisional ballot under section 3505.181 of the Revised Code.
If a majority of the precinct officials finds that the statements
of a person challenged or his the person's voting record or
other evidence
shows that he the person lacks any of the qualifications
required to make
him the person a qualified elector at such the primary election or
that he the person is
not affiliated with or is not a member of the political party
whose ballot he the person desires to vote, he the
person shall be refused permitted to vote a provisional ballot under section 3505.181 of the Revised Code.
Sec. 3513.22. (A) Not earlier than the eleventh day
or
later
than the fifteenth day after a primary election, the board
of
elections shall begin to canvass the election returns from the
precincts in which electors were entitled to vote at
that
election and shall continue
the canvass daily until it is
completed.
The board shall complete the canvass not later than the date
set by the secretary of state under division (U) of section
3501.05 of the Revised Code twenty-first day after the day of the election. Sixty Eighty-one days after the date set by day of the
secretary of state for the completion of the canvass election, the canvass
of election returns shall be deemed final, and no amendments to
the canvass may be made after that date. The secretary of state
may specify an earlier date upon which the canvass of election
returns shall be deemed final, and after which amendments to the
final canvass may not be made, if so required by federal law.
(B) The county executive committee of each political party
that participated in the election, and each committee
designated
in a petition to represent the petitioners
pursuant to
which a
question or issue was submitted at
the
election, may
designate a
qualified elector who may be present at
and may
witness observe the making
of
the canvass. Each person for
whom votes
were cast in
the
election may also be present at
and witness observe the
making of
the
canvass.
(C) When the canvass of the election returns from all of the
precincts in the county in which electors were entitled to vote
at
the election has been completed, the board shall determine
and
declare the results of the elections determined by the
electors of
the county or of a district or subdivision within
the county. If
more than the number of persons to be
nominated
for or elected to
an office received the largest and an
equal
number of votes, the
tie shall be resolved by lot by the
chairperson
of the board in
the presence of a majority of
the members of the
board.
The
declaration shall be in writing
and shall be signed
by at least a
majority of the members of the
board. It shall
bear the date of
the day upon which it is made,
and a copy
of it shall be posted
by the board in a
conspicuous place in
its office. The board
shall keep
the
copy posted for a period
of at least five days.
The board shall
promptly certify abstracts of the
results of
the elections within its county upon
forms
the secretary of
state prescribes. One certified copy of each
abstract shall be
kept in the office of the board, and one
certified copy of each
abstract shall promptly be sent to the
secretary of state. The
board shall also promptly send a
certified copy of that part of
an abstract
that
pertains to an
election in which only electors
of a district
comprised of more
than one county but less than all
of the
counties of the state
voted to the board of the most
populous
county in
the district.
It shall also promptly send a
certified copy of that part of
an abstract
that
pertains to an
election in which only electors of
a subdivision
located partly
within the county voted to the board
of the county
in which the
major portion of the population of
the
subdivision is located.
If, after certifying and sending abstracts and parts
of
abstracts, a board finds that any
abstract or part
of any
abstract is
incorrect, it shall promptly prepare, certify,
and
send a
corrected abstract or part
of an abstract to
take the
place of each
incorrect abstract or part
of an abstract
previously certified and
sent.
(D)(1) When certified copies of abstracts are received by the
secretary of state,
the secretary of state shall canvass
those
abstracts and determine
and declare the results of all
elections
in which electors
throughout the entire state voted. If
more than
the number of
persons to be nominated for or elected to
an office
received the
largest and an equal number of votes, the
tie shall
be resolved
by lot by the secretary of state in the
presence of
the governor,
the auditor of state, and the attorney
general, who
at the
request of the secretary of state shall
assemble to witness
the
drawing of
the lot.
The
declaration of results by the
secretary of state shall be in
writing and shall be signed by
the
secretary of state. It
shall bear the date of the day
upon which
it is made,
and a copy
of it shall be posted by the secretary of
state in a
conspicuous place in
the secretary of state's office.
The
secretary of state shall keep
the copy posted
for a period of
at least five days.
(2) When certified copies of parts of abstracts are received
by
the board of the most populous county in a district from the
boards of all of the counties in the district, the board
receiving
those abstracts shall canvass them and determine and
declare
the
results of the elections in which only electors of
the
district
voted. If more than the number of persons to be
nominated for or
elected to an office received the largest and
equal number of
votes, the tie shall be resolved by lot by the
chairperson of
the board in the presence of a
majority
of the
members of the
board.
The declaration of
results by
the board
shall be in
writing and shall be signed
by at least a majority of
the members
of
the board. It shall
bear the date of the day
upon which it is
made, and a copy
of it shall be posted by
the board in a
conspicuous place in
its office. The board shall keep
the copy
posted for a
period of at least five days.
(3) When certified copies of parts of abstracts are received
by
the board of a county in which the major portion of the
population of a subdivision located in more than one county is
located from the boards of each county in which other portions of
that subdivision are located, the board receiving
those
abstracts
shall canvass them and determine and declare the results
of the
elections in which only electors of
that subdivision
voted. If
more than the number of persons to be nominated for or
elected to
an office received the largest and an equal number of
votes, the
tie shall be resolved by lot by the
chairperson of
the board in
the
presence of a majority of the
members of the board.
The
declaration of results by
the
board shall be in writing and
shall
be signed by at least a
majority of the members of
the board. It
shall bear the date
of the day upon which it is made,
and a copy
of it shall
be posted by
the board in a conspicuous
place in its
office.
The board shall keep
the copy posted for a
period of at
least
five days.
(E) Election officials, who are required to declare the
results
of primary elections, shall issue to each person declared
nominated for or elected to an office, an appropriate certificate
of nomination or election, provided that the boards required to
determine and declare the results of the elections for candidates
for nomination to the office of representative to congress from a
congressional district shall, in lieu of issuing a certificate of
nomination, certify to the secretary of state the names of
the
candidates nominated, and the secretary of state, upon receipt
of
that certification, shall issue a certificate of
nomination to
each person whose name is so certified.
Certificates
of
nomination
or election issued by boards to
candidates and
certifications to
the secretary of state shall not
be issued
before the expiration
of the time within which
applications for
recounts of votes may be
filed or before recounts
of votes, which
have been applied for,
are completed.
Sec. 3513.257. Each person desiring to become an
independent
candidate for an office for which candidates may be
nominated at a
primary election, except persons desiring to
become independent
joint candidates for the offices of governor
and lieutenant
governor and for the offices of president and
vice-president of
the United States, shall file no later than
four p.m. of the day
before the day of the primary election
immediately preceding the
general election at which such
candidacy is to be voted for by the
voters, a statement of
candidacy and nominating petition as
provided in section 3513.261
of the Revised Code. Persons
desiring to become independent
joint candidates for the offices of
governor and lieutenant
governor shall file, not later than four
p.m. of the day before
the day of the primary election, one
statement of candidacy and
one nominating petition for the two of
them. Persons desiring to
become independent joint candidates for
the offices of president
and vice-president of the United States
shall file, not later
than four p.m. of the seventy-fifth day
before the day of the
general election at which the president and
vice-president are to
be elected, one statement of candidacy and
one nominating
petition for the two of them. The prospective
independent joint
candidates' statement of candidacy shall be
filed with the
nominating petition as one instrument.
The statement of candidacy and separate petition papers of
each candidate or pair of joint candidates shall be filed at the
same time as one instrument.
The nominating petition shall contain signatures of
qualified
electors of the district, political subdivision, or
portion of a
political subdivision in which the candidacy is to
be voted on in
an amount to be determined as follows:
(A) If the candidacy is to be voted on by electors
throughout the entire state, the nominating petition, including
the nominating petition of independent joint candidates for the
offices of governor and lieutenant governor, shall be signed by
no
less than five thousand qualified electors, provided that no
petition shall be accepted for filing if it purports to contain
more than fifteen thousand signatures.
(B) If the candidacy is to be voted on by electors in any
district, political subdivision, or part thereof in which less
than five thousand electors voted for the office of governor at
the most recent election for that office,
the nominating
petition
shall contain signatures of not less than twenty-five
qualified
electors of the district, political subdivision, or
part thereof,
or a number of qualified signatures equal to at
least five per
cent of that vote, if this number is less than
twenty-five.
(C) If the candidacy is to be voted on by electors in any
district, political subdivision, or part thereof in which five
thousand or more electors voted for the office of governor at the
most recent election for that office, the
nominating petition
shall contain a number of signatures equal to at least one per
cent of those electors.
All nominating petitions of candidates for offices to be
voted on by electors throughout the entire state shall be filed
in
the office of the secretary of state. No nominating petition
for
the offices of president and vice-president of the United
States
shall be accepted for filing unless there is submitted to
the
secretary of state, at the time of filing the petition, a
slate of
presidential electors sufficient in number to satisfy
the
requirement of the United States Constitution. The secretary
of
state shall not accept for filing the statement of candidacy
of a
person who desires to be an independent candidate for the
office
of governor unless it also shows the joint candidacy of a
person
who desires to be an independent candidate for the office
of
lieutenant governor, shall not accept for filing the statement
of
candidacy of a person who desires to be an independent
candidate
for the office of lieutenant governor unless it also
shows the
joint candidacy of a person who desires to be an
independent
candidate for the office of governor, and shall not
accept for
filing the statement of candidacy of a person who
desires to be an
independent candidate to the office of governor
or lieutenant
governor who, for the same election, has already
filed
a
declaration of candidacy, a declaration of intent
to be a
write-in candidate, or a
statement of candidacy, or has become a candidate by the filling of a vacancy
under
section
3513.30 of the Revised Code for any other state
office or any federal or federal or county office.
Nominating petitions of candidates for offices to be voted
on
by electors within a district or political subdivision
comprised
of more than one county but less than all counties of
the state
shall be filed with the boards of elections of that
county or part
of a county within the district or political
subdivision which had
a population greater than that of any other
county or part of a
county within the district or political
subdivision according to
the last federal decennial census.
Nominating petitions for offices to be voted on by electors
within a county or district smaller than a county shall be filed
with the board of elections for such county.
No petition other than the petition of a candidate whose
candidacy is to be considered by electors throughout the entire
state shall be accepted for filing if it appears on its face to
contain more than three times the minimum required number of
signatures.
A board of elections shall not accept for filing a
nominating petition of a person seeking to become a candidate if
that person, for the same election, has already filed a
declaration of candidacy, a declaration of intent to be a write-in
candidate, or a nominating petition, or has become a candidate by
the filling of a vacancy under section 3513.30 of the Revised Code
for any federal, federal, state,, or county office, if the nominating petition is for
a state or county office, or for any municipal or township office,
for member of a city, local, or exempted village board of
education, or for member of a governing board of an educational
service
center, if the nominating petition is for a municipal or
township
office, or for member of a city, local, or exempted
village
board
of education, or for member of a governing board of
an
educational
service center. When a
petition of a candidate has
been
accepted
for
filing by a board of
elections, the petition
shall
not be
deemed
invalid if, upon
verification of signatures
contained in
the
petition, the board of
elections finds the number
of
signatures
accepted exceeds three
times the minimum number of
signatures
required. A board of
elections may discontinue
verifying
signatures when the number of
verified signatures on a
petition
equals the minimum required
number of qualified
signatures.
Any nonjudicial candidate who files a nominating petition may
request, at the time of filing, that the candidate be designated
on the ballot as
a nonparty
candidate or as an other-party candidate, or may request that the
candidate's name be placed on the ballot without any designation.
Any such candidate who fails to request a designation either as a
nonparty candidate or as an other-party candidate shall have the
candidate's name placed on the ballot without any designation.
The purpose of establishing a filing deadline for
independent
candidates prior to the primary election immediately
preceding the
general election at which the candidacy is to be
voted on by the
voters is to recognize that the state has a
substantial and
compelling interest in protecting its electoral
process by
encouraging political stability, ensuring that the
winner of the
election will represent a majority of the
community, providing the
electorate with an understandable
ballot, and enhancing voter
education, thus fostering informed
and educated expressions of the
popular will in a general
election. The filing deadline for
independent candidates
required in this section prevents
splintered parties and
unrestrained factionalism, avoids political
fragmentation, and
maintains the integrity of the ballot. The
deadline, one day
prior to the primary election, is the least
drastic or
restrictive means of protecting these state interests.
The
general assembly finds that the filing deadline for
independent
candidates in primary elections required in this
section is
reasonably related to the state's purpose of ensuring
fair and
honest elections while leaving unimpaired the political,
voting,
and associational rights secured by the first and
fourteenth
amendments to the United States
Constitution.
Sec. 3513.259. Nominations of candidates for the office of
member of the state board of education shall be made only by
nominating petition. The nominating petition of a candidate for
the office of member of the state board of education shall be
signed by not less than one
hundred qualified electors.
No such nominating petition shall be accepted for filing if
it appears on its face to contain signatures aggregating in
number
more than three times the minimum number of signatures
required by
this section.
A board of elections shall not accept for filing a
nominating petition of a person if that person, for the same
election, has already filed a declaration of candidacy, a
declaration of intent to be a write-in candidate, or a nominating
petition, or has become a candidate through party nomination at a
primary election or by the filling of a vacancy under section
3513.30 or 3513.31 of the Revised Code, to be a candidate for any
other state office or any federal or federal or county office. When a
petition of a
candidate has
been
accepted for filing by a board of
elections,
the petition
shall
not be deemed invalid if, upon
verification of
signatures
contained in the petition, the board of
elections finds
the
number
of signatures accepted exceeds three
times the minimum
number of
signatures required. A board of
elections may
discontinue
verifying signatures when the number of
verified
signatures equals
the minimum required number of
signatures.
Such
petition shall be
filed with the board of
elections of the
most
populous county in
such district not later
than four p.m. of
the
seventy-fifth day
before the day of the
general election at
which
state board of
education members are
elected.
Each nominating petition shall be signed by qualified
electors residing in the district in which the candidate
designated therein would be a candidate for election to the
office
of member of the state board of education. Each candidate
shall
be a qualified elector residing in the district in which
the
candidate
seeks election to such office.
As the word "district" is used in this section, it refers
to
a district created under section 3301.01 of the Revised Code.
Sec. 3513.261. A nominating petition may consist of one or
more separate petition papers, each of which shall be
substantially in the form prescribed in this section. If the
petition consists of more than one separate petition paper, the
statement of candidacy of the candidate or joint candidates named
need be signed by the candidate or joint candidates on only one
of
such separate petition papers, but the statement of candidacy
so
signed shall be copied on each other separate petition paper
before the signatures of electors are placed
on it. Each
nominating petition containing signatures of electors of more
than
one county shall consist of separate petition papers each of
which
shall contain signatures of electors of only one county;
provided
that petitions containing signatures of electors of more
than one
county shall not thereby be declared invalid. In case
petitions
containing signatures of electors of more than one
county are
filed, the board of elections shall determine the
county from
which the majority of the signatures came, and only
signatures
from this county shall be counted. Signatures from
any other
county shall be invalid.
All signatures on nominating petitions shall be written in
ink or indelible pencil.
At the time of filing a nominating petition, the candidate
designated in the nominating petition, and joint
candidates for
governor and
lieutenant governor, shall pay to the election
officials with
whom it is filed the fees specified for the office
under
divisions (A) and (B) of section
3513.10 of the Revised
Code. The fees shall be disposed of by
those election officials
in the manner that
is provided in
section 3513.10 of the Revised
Code for the disposition of other
fees, and in no case shall a fee
required under that section be
returned to a
candidate.
Candidates or joint candidates whose names are written on
the
ballot, and who are elected, shall pay the same fees under
section
3513.10 of the Revised Code that
candidates who file nominating
petitions pay. Payment of
these
fees
shall be a condition
precedent to the granting of their
certificates of election.
Each nominating petition shall contain a statement of
candidacy
that shall be signed by the candidate or joint
candidates named
in it or by an attorney in fact acting pursuant to section 3501.382 of the Revised Code. Such statement of candidacy shall
contain a declaration made under penalty of election
falsification
that the candidate desires to be a candidate for
the office named
in it, and that the candidate is an elector
qualified to
vote for
the office the candidate seeks.
The form of the nominating petition and statement of
candidacy shall be substantially as follows:
"STATEMENT OF CANDIDACYI, ................................... (Name of candidate),
the undersigned, hereby declare under penalty of election
falsification that my voting residence is in ................
.......... Precinct of the ......................... (Township)
or
(Ward and City, or Village) in the county of ...............
Ohio;
that my post-office address is ............................
(Street and Number, if any, or Rural Route and Number) of the
............................... (City, Village, or post office)
of
...................., Ohio; and that I am a qualified elector in
the precinct in which my voting residence is located. I hereby
declare that I desire to be a candidate for election to the
office
of .............. in the ........................ (State,
District, County, City, Village, Township, or School District)
for
the ...................................... (Full term or
unexpired
term ending ................) at the General Election
to be held
on the ........... day of ..............., ....
I further declare that I am an elector qualified to vote
for
the office I seek. Dated this ....... day of ..............,
....
WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY
OF THE FIFTH DEGREE.
I, ................................., hereby constitute the
persons named below a committee to represent me:
NOMINATING PETITIONWe, the undersigned, qualified electors of the state of
Ohio,
whose voting residence is in the County, City, Village,
Ward,
Township or Precinct set opposite our names,
hereby nominate
.................... as a candidate for
election to the office of
........................... in the
............................
(State, District, County, City,
Village, Township, or School
District) for the .................
(Full term or unexpired term
ending ...................) to be
voted for at the general
election next hereafter to be held,
and certify that this person
is, in our opinion, well qualified to
perform the duties of the
office or position to which the person
desires
to be elected.
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..........................., declares under penalty of election
falsification that such person is a qualified elector
of the state
of
Ohio and resides at the address appearing below such
person's
signature
hereto; that such person is the circulator of the
foregoing petition paper
containing ................ signatures;
that such
person witnessed the
affixing of every signature; that
all signers were to the best
of such person's knowledge and belief
qualified to
sign; and that every
signature is to the best of such
person's knowledge
and belief the
signature of the person whose
signature it purports to be or of an attorney in fact acting pursuant to section 3501.382 of the Revised Code.
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WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY
OF THE FIFTH
DEGREE."
The secretary of state shall prescribe a form of nominating
petition for a group of candidates for the office of member of a
board of education, township office, and
offices of municipal
corporations of under two thousand population.
The secretary of state shall prescribe a form of statement
of
candidacy and nominating petition, which shall be
substantially
similar to the form of statement of candidacy and
nominating
petition set forth in this section, that will be
suitable for
joint candidates for the offices of governor and
lieutenant
governor.
If such petition nominates a candidate whose election is to
be determined by the electors of a county or a district or
subdivision within the county, it shall be filed with the board
of
such county. If the petition nominates a candidate whose
election
is to be determined by the voters of a subdivision
located in more
than one county, it shall be filed with the board
of the county in
which the major portion of the population of
such subdivision is
located.
If the petition nominates a candidate whose election is to
be
determined by the electors of a district comprised of more
than
one county but less than all of the counties of the state,
it
shall be filed with the board of elections of the most
populous
county in such district. If the petition nominates a
candidate
whose election is to be determined by the electors of
the state at
large, it shall be filed with the secretary of
state.
The secretary of state or a board of elections shall not
accept for filing a nominating petition of a person seeking to
become a candidate if that person, for the same election, has
already filed a declaration of candidacy, a declaration of intent
to be a write-in candidate, or a nominating petition, or has
become a candidate through party nomination at a primary election
or by the filling of a vacancy under section 3513.30 or 3513.31 of
the Revised Code for any federal, federal, state,, or county office, if the nominating
petition is for a state or county office, or for any municipal or
township office, for member of a city, local, or exempted
village
board of education, or for member of a governing board of an
educational service center, if the nominating petition is for a
municipal or township office, or for member of a city, local, or
exempted village board of education, or for member of a governing
board
of an educational service center.
Sec. 3513.30. (A)(1) Where If only one valid declaration of
candidacy is filed for nomination as a candidate of a political
party for an office and such that candidate dies prior to the tenth
day
before the primary election, both of the following may
occur:
(a) The political party whose candidate died may fill the
vacancy so created
as provided in division (A)(2) of this
section.
(b) Any major political party other than the one whose
candidate died may select a candidate as provided in division
(A)(2) of this section under either of the following
circumstances:
(i) No person has filed a valid declaration of candidacy for
nomination as that party's candidate at the primary election.
(ii) Only one person has filed a valid declaration of
candidacy for nomination as that party's candidate at the primary
election,
that person has
withdrawn, died, or been disqualified
under section 3513.052 of the Revised Code, and the vacancy so
created has not been filled.
(2) A vacancy may be filled under division
(A)(1)(a) and a
selection may be made under division
(A)(1)(b) of this section
by
the appropriate committee of the political party in the same
manner as provided in divisions
(A)
to (E) of section
3513.31
of the Revised Code for the filling of similar vacancies
created
by withdrawals
or disqualifications under section 3513.052
of the
Revised Code after the primary election, except that
the
certification required under that
section may not be filed with
the secretary of state, or with a board of the most populous
county of a district, or with the board of a county in which the
major portion of the population of a subdivision is located,
later
than four p.m. of the tenth day before the day of such
primary
election, or with any other board later than four p.m.
of the
fifth day before the day of such primary election.
(3) If only one valid declaration of candidacy is
filed for
nomination as a candidate of a political party for an
office and
that candidate dies on or after the tenth day before
the day of
the primary election, that candidate is considered to
have
received the nomination of that candidate's political party at
that
primary election, and, for purposes of filling the vacancy so
created,
that candidate's death shall be treated as if that
candidate died on the day
after the day of the primary election.
(B) Any person filing a declaration of candidacy may
withdraw as such candidate at any time prior to the primary
election, or,
if the primary
election is a presidential primary
election, at any time prior to
the fiftieth day before the
presidential primary election. The withdrawal
shall be effected
and
the statement of withdrawal shall be filed in accordance with
the
procedures prescribed in division (D) of this section
for the
withdrawal of persons nominated in a primary election or
by
nominating petition.
(C) A person who is the first choice for president of
the
United States by a candidate for delegate or alternate to a
national convention of a political party may withdraw consent
for
the selection of the person as such first choice
no later than
four p.m. of
the thirtieth day before the day of the
presidential
primary election. Withdrawal
of consent shall be for the entire
slate of
candidates for delegates and alternates who named such
person as
their presidential first choice and shall constitute
withdrawal
from the primary election by such delegates and
alternates. The
withdrawal shall be made in writing and delivered
to the
secretary of state. The If the withdrawal is delivered to the secretary of state on or before the sixtieth day before the day of the primary election, or, if the election is a presidential primary election, on or before the forty-fifth day before the day of the presidential primary election, the boards of elections shall remove
both
the name of the withdrawn first choice and the names of such
withdrawn candidates from the ballots to the extent practicable
in
the time remaining before the election and according to the
directions of the secretary of state. If the withdrawal is delivered to the secretary of state after the sixtieth day before the day of the primary election, or, if the election is a presidential primary election, after the forty-fifth day before the day of the presidential primary election, the board of elections shall not remove the name of the withdrawn first choice and the names of the withdrawn candidates from the ballots. The board of elections shall post a notice at each polling location on the day of the primary election, and shall enclose with each absent voter's ballot given or mailed after the candidate withdraws, a notice that votes for the withdrawn first choice or the withdrawn candidates will be void and will not be counted. If such names are not
removed from all ballots before the day of the election, the
votes
for the withdrawn first choice or the withdrawn candidates are void and
shall
not be counted.
(D) Any person nominated in a primary election or by
nominating
petition as a candidate for election at the next
general election
may withdraw as such candidate at any time prior
to the
general election.
Such
withdrawal may be effected by the
filing of a written statement
by such candidate announcing the
candidate's withdrawal and
requesting that the candidate's name
not be printed on the
ballots. If such candidate's
declaration of
candidacy or nominating petition was filed with
the secretary of
state, the candidate's statement of
withdrawal shall be
addressed
to and filed with the secretary of state. If such
candidate's
declaration of candidacy or nominating petition was
filed with a
board of elections, the candidate's statement
of withdrawal
shall
be addressed to, and filed with such board.
(E) When a person withdraws under division
(B) or (D) of
this section on or before the sixtieth day before the day of the primary election, or, if the election is a presidential primary election, on or before the forty-fifth day before the day of the presidential primary election, the board of
elections shall remove the name of the
withdrawn candidate from
the ballots to the extent practicable in
the time remaining
before the election and according to the
directions of the
secretary of state. When a person withdraws under division (B) or (D) of this section after the sixtieth day before the day of the primary election, or, if the election is a presidential primary election, after the forty-fifth day before the day of the presidential primary election, the board of elections shall not remove the name of the withdrawn candidate from the ballots. The board of elections shall post a notice at each polling place on the day of the primary election, and shall enclose with each absent voter's ballot given or mailed after the candidate withdraws, a notice that votes for the withdrawn candidate will be void and will not be counted. If the name is not removed
from all ballots
before the day of the election, the votes for the
withdrawn
candidate are void and shall not be counted.
Sec. 3515.03. Each application for recount shall
separately list each precinct as to which a recount of the votes
therein is requested, and the person filing an the application shall,
at the same time, deposit with the board of elections ten fifty dollars
in currency, bank money order, bank cashier's check, or certified
check for each precinct so listed in such application as security
for the payment of charges for making the recount therein applied
for, which charges shall be fixed by the board as provided in
section 3515.07 of the Revised Code.
Upon the filing of an application, or upon declaration by
the board or secretary of state that the number of votes cast in
any election for the declared winning nominee, candidate,
question, or issue does not exceed the number of votes cast for
the defeated nominee, candidate, question, or issue, by the
margins set forth in section 3515.011 of the Revised Code, the
board shall promptly fix the time, method, and the place at which
the recount will be made, which time shall be not later than ten
days after the day upon which such application is filed or such
declaration is made. If the recount involves a
candidate for election to an office comprising more than one
county, the director of the board shall promptly mail notice of
the time and place for such recount to the board of the most
populous county of the district. If the contest involves a state
office, the director shall promptly notify the secretary of state
of the filing for such recount.
The director of the board shall mail notice of the time and
place so fixed to any applicant and to each person for whom votes
were cast for such nomination or election. Such notice shall be
mailed by certified mail not later than the
fifth day before the
day fixed for the commencement of the recount. Persons entitled
to have such notice mailed to them may waive their right to have
it mailed by filing with the director a written waiver to that
effect. Each person entitled to receive such notice may attend
and witness observe the recount and may have any person whom the candidate
designates attend and witness observe the recount. At any time after a
winning nominee or candidate is declared but before the time for
a recount pursuant to section 3515.011 of the Revised Code
commences, the declared losing nominee or candidate may file with
the board a written request to stop the recount from commencing. In the case
of more than one declared losing candidate or
nominee, each of whom is entitled to a recount pursuant to
section 3515.011 of the Revised Code, each such declared losing
candidate or nominee must file with the board such written
request to stop the recount from commencing. The board shall
grant such request and shall not commence the recount.
In the case of a recount of votes cast upon a question or
issue, any group of five or more qualified electors, who voted
upon such question or issue and whose votes were in opposition to
the votes of the members of the group of electors who applied for
such the recount, or for whom such the recount was required by section
3515.011 of the Revised Code, may file with the board a written
statement to that effect, shall designate therein in it one of their
number as chairman chairperson of such group and, may appoint an
attorney at
law as their legal counsel, and may request that the persons so
designated be permitted to attend and witness observe the recount.
Thereupon, the persons so designated may attend and witness observe the
recount.
Sec. 3515.04. At the time and place fixed for making a
recount, the board of elections, in the presence of all witnesses observers
who may be in attendance, shall open the sealed containers
containing the ballots to be recounted, and shall recount them.
If
a county used punch card ballots and if a chad is attached to
a
punch card ballot by three or four corners, the voter shall be
deemed by the board not to have recorded a candidate, question, or
issue choice at the particular position on the ballot, and a vote
shall not be counted at that particular position on the ballot in
the recount.
Ballots shall
be handled only by the members of the
board or by
the director or
other employees of the board.
Witnesses Observers shall be
permitted to see
the ballots, but they shall
not be permitted to
touch them, and
the board shall not permit the
counting or
tabulation of votes
shown on the ballots for any
nomination, or
for election to any
office or position, or upon any
question or
issue, other than the
votes shown on such ballots for
the
nomination, election,
question, or issue concerning which a
recount of ballots was
applied for.
At any time before the ballots from all of the precincts
listed in an application for the recount or involved in a recount
pursuant to section 3515.011 of the Revised Code have been
recounted, the applicant or declared losing candidate or nominee
or each of the declared losing candidates or nominees entitled to
file a request prior to the commencement of a recount, as
provided
in section 3515.03 of the Revised Code, may file with
the board a
written request to stop the recount and not recount
the ballots
from the precincts so listed
that have not been
recounted prior
to the time of
the request. If, upon
the
request, the board
finds that results of the votes in the
precincts recounted, if
substituted for the results of the votes
in
those precincts as
shown in the abstract of the votes in
those
precincts, would not
cause the applicant, if a person
for whom
votes were cast for
nomination or election, to be
declared
nominated or elected or if
an election upon a question or
issue
would not cause a result
contrary to the result
as
declared prior to such recount, it
shall grant
the request
and
shall not recount the ballots of the
precincts listed in the
application for recount
that have not
been recounted prior
to
that time. If the board finds otherwise,
it shall deny
the
request and shall continue to recount ballots
until the
ballots
from all of the precincts listed in the
application for
recount
have been recounted; provided that, if
the request is
denied, it
may be renewed from time to time. Upon
any such
renewal, the
board shall consider and act upon the
request in the
same manner
as provided in this section in
connection with an
original
request.
As used in this section, "chad" and "punch card ballot" have
the same meanings as in section 3506.16 of the Revised Code.
Sec. 3515.041. As required by 3 U.S.C. 5, any recount of votes conducted under this chapter for the election of presidential electors shall be completed not later than six days before the time fixed under federal law for the meeting of those presidential electors.
Sec. 3515.07. The charges for making a recount of votes of precincts listed
in an application for a recount filed with the board of elections shall be
fixed by the board and shall include all expenses incurred by such the board
because of such the application other than the regular operating expenses which that
the board would have incurred if the application had not been filed. The
total
amount of charges so fixed divided by the number of precincts listed in such the
application, the votes of which were recounted, shall be the charge per
precinct for the recount of the votes of the precincts listed in such the
application, the votes of which were recounted; provided that the charges per
precinct so fixed shall not be more than ten nor fifty or less than five dollars for
each precinct the votes of which were recounted.
Such charge per precinct shall be deducted by the board from the money
deposited with the board by the applicant for the recount at the time of
filing his the application, and the balance of the money so
deposited shall be returned to such the applicant; provided that no such charge
per precinct shall be deducted by the board from the money deposited for a
recount of votes cast for a nomination or for an election to an office or
position in any precinct, if the total number of votes cast in such precinct
for the applicant, as recorded by such the recount, is more than four per cent
larger than the number of votes for such the applicant in such that precinct recorded
in the original certified
abstract thereof, nor shall any charge per precinct be deducted for a recount
of votes cast in any precinct upon a question or issue if the total number of
votes in such that precinct on the same side of such that question or issue as the side
represented by the applicant, as recorded by such the recount, is more than four
per cent larger than the number of votes in such that precinct on the same side of
such that question or issue recorded in the original certified abstract thereof.
No such charge per precinct shall be deducted if upon the completion of a
recount concerning a nomination or election the applicant is declared
nominated or elected, or if upon the completion of a recount concerning a
question or issue the result of such that election is declared to be opposite to
the original declaration of the result of such that election. All
All moneys deposited
with a board by an applicant shall be deposited in a special depository fund
with the county treasurer. The expenses of the recount and refunds shall be
paid from said that fund upon order of the board of elections. Any balance
remaining in such that fund shall be paid into the general fund of the county.
Sec. 3515.072. (A) In January of
each odd-numbered year, the secretary of state, in accordance
with this division and division (B) of this section,
shall adjust each amount specified in sections 3515.03 and 3515.07
of the Revised Code. The adjustment shall be
based on the yearly average of the previous two years of the
Consumer Price Index for All
Urban Consumers or its successive equivalent, as
determined by the United States department of
labor, bureau of labor statistics, or its successor in
responsibility, for all items, Series A. Using
the 2005 yearly average as the base year, the secretary of state
shall compare the most current average consumer price index with
that determined in the preceding odd-numbered year, and shall
determine the percentage increase or decrease. The percentage
increase or decrease shall be multiplied by each actual
dollar figure specified in sections 3515.03 and 3515.07 of the
Revised Code as determined in the previous
odd-numbered year, and the product shall be added to or
subtracted from its corresponding actual dollar figure, as
necessary, for that previous odd-numbered year.
If the resulting amount is less than five dollars, the secretary of state shall retain a record of the resulting amount and the manner in which it was calculated, but shall not make an adjustment unless the resulting amount, when added to the resulting amount calculated in each prior odd-numbered year since the last adjustment was made, equals or exceeds five dollars.
(B)(1) The secretary of state shall calculate
the adjustment under division (A) of this section and
shall report the calculations and necessary materials to the
auditor of state, on or before the thirty-first day of
January of each odd-numbered year. The secretary of
state shall base the adjustment on the most current consumer
price index that is described in division (A) of this
section and that is in effect as of the first day of
January of each odd-numbered year.
(2) The calculations made by the secretary of state
under divisions (A) and (B)(1) of this section
shall be certified by the auditor of state on or before the
fifteenth day of February of each odd-numbered year.
(3) On or before the twenty-fifth day of
February of each odd-numbered year, the secretary of
state shall prepare a report setting forth the amount required to be deposited with a board of elections at the time a recount application is filed for each precinct to be recounted under section 3515.03 of the Revised Code and the minimum and maximum per precinct charge for a recount under section 3515.07 of the Revised Code. The report and all documents relating to the
calculations contained in the report are public records. The
report shall contain an indication of the period in which the
deposit amounts and the minimum and maximum per precinct charges apply, a summary of
how the deposit amounts and the minimum and maximum per precinct charges were
calculated, and a statement that the report and all related
documents are available for inspection and copying at the office
of the secretary of state.
(4) On or before the twenty-fifth day of
February of each odd-numbered year, the secretary of
state shall transmit the report to the general assembly and shall send
the report by electronic mail or other form of electronic communication to the board of elections of each
county.
Sec. 3515.08. The (A) Except as otherwise provided in this division, the nomination or election of any person to any public office
or party position or the approval or rejection of any issue or question,
submitted to the voters, may be contested by qualified electors of the state
or a political subdivision. The nomination or election of any person to any federal office, including the office of elector for president and vice president and the office of member of congress, shall not be subject to a contest of election conducted under this chapter. Contests of the nomination or election of any person to any federal office shall be conducted in accordance with the applicable provisions of federal law.
(B) In the case of an office to be filled or an issue to be determined by the
voters of the entire state, or for the office of members of congress, or for
judicial offices higher than that of court of common pleas, or for an office
to be filled or an issue to be determined by the voters of a district larger
than a county, said a contest shall be heard and determined by the chief justice
of the supreme court or a justice of the supreme court assigned for that
purpose by the chief justice; except that, in a contest for the office of chief
justice of the supreme court, such the contest shall be heard by a justice of such the supreme
court designated by the governor.
(C) In the case of all other offices or issues, except judicial offices, such
contests shall be heard and determined by a judge of the court of common pleas
of the county in which the contest arose. In the case of a contest for a
judicial office within a county, such the contest shall be heard by the court of
appeals of the district in which such that county is located. If any contestant
alleges prejudice on the part of the judges of the court of appeals or the
court of common pleas, assigned to hear such appeal a contest, then the chief justice of
the supreme court, upon application of any such contestants contestant and for good cause
shown, may assign judges from another court to hear such the contest.
Sec. 3515.13. If any contest of election involves a
recount of the ballots in any precincts, the court shall
immediately order the ballots of the precincts in which the
recount is demanded to be sent to the court in such manner as the
court designates, and such court may appoint two master
commissioners of opposite political parties to supervise the
making of the recount. The attorneys representing the contestor
and the prosecuting attorney of the county or the attorney
general or one of his the attorney general's assistants
representing the contestee shall
be present at all hearings on such recount. Such commissioners
shall receive ten dollars each per day and their actual traveling
expenses when approved by the presiding judges. The compensation
of such clerks as are deemed necessary by the court shall be
determined by the court on the basis of similar compensation in
other public offices for like work. Both the contestor and
contestee may appoint one inspector observer who shall be allowed to see
all ballots and tally sheets and witness observe the recount. If the
court finds that the difference in the count from the original
count by the election authorities was the result of fraud, gross
negligence, or willfulness on the part of any election officer or
other person, such the court shall forthwith transmit a copy of its
decision and of the evidence to the prosecuting attorney of the
county wherein such in which the fraud or gross negligence was found with
directions to present the same to the next grand jury in the
county or to the attorney general, in the case of state or
federal offices, with directions to prosecute the cases on behalf
of the state.
Sec. 3517.01. (A)(1) A political party within the meaning of
Title XXXV of the Revised Code is any group of voters
that, at
the
most recent regular state election, polled
for its
candidate for
governor in the state or nominees for presidential
electors at
least five per cent of the entire vote cast for
that office or
that filed with the secretary of state, subsequent to any
election
in which it received less than five per cent of that
vote, a
petition signed by qualified electors equal in number to
at least
one per cent of the total vote for governor or nominees
for
presidential electors at the most recent
election,
declaring their
intention of organizing a political party, the
name of which shall
be stated in the declaration, and of
participating in the
succeeding primary election, held in
even-numbered years, that
occurs more than one hundred twenty
days after the date of filing.
No such group of electors shall
assume a name or designation that
is similar, in the opinion of
the secretary of state, to that of
an existing political party as
to confuse or mislead the voters at
an election. If any political party fails
to cast five per cent
of the total vote
cast at an election for the office of governor
or
president, it
shall cease to be a political party.
(2) A campaign committee shall be legally liable for any debts, contracts, or expenditures incurred or executed in its name.
(B) Notwithstanding the definitions found in section
3501.01
of the Revised Code, as used in this section and
sections 3517.08
to
3517.14, 3517.99, and 3517.992 of the Revised Code:
(1)
"Campaign committee" means an entity that is formed by a candidate or a
combination
of two or more persons authorized by a candidate
under section
3517.081 of the Revised Code to receive
contributions and make
expenditures and that is legally liable for any debts, contracts, or expenditures incurred or executed in its name.
(2)
"Campaign treasurer" means an individual appointed by
a
candidate under section 3517.081 of the Revised Code.
(3)
"Candidate" has the same meaning as in division (H) of
section 3501.01 of the Revised Code and also includes any person
who, at any time before or after an election, receives
contributions or makes expenditures or other use of
contributions,
has given consent for another to receive
contributions or make
expenditures or other use of contributions,
or appoints a campaign
treasurer, for the purpose of bringing
about the person's
nomination or election to public office.
When two persons jointly
seek the offices of governor and lieutenant governor,
"candidate"
means the pair of candidates jointly.
"Candidate" does not
include candidates for election to the
offices of member of a
county or state central committee,
presidential elector, and
delegate to a national convention or
conference of a political
party.
(4)
"Continuing association" means an association, other
than a
campaign committee, political party, legislative campaign
fund, political contributing entity, or labor
organization, that
is intended to be a permanent organization that has a
primary
purpose other than supporting or opposing specific candidates,
political parties, or ballot issues, and that functions on a
regular basis
throughout the year. "Continuing association" includes organizations that are determined to be not organized for profit under subsection 501 and that are described in subsection 501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.
(5)
"Contribution" means a loan, gift, deposit,
forgiveness
of indebtedness, donation, advance, payment, or transfer
of funds or
anything of value, including a transfer of funds
from
an inter vivos or testamentary trust or decedent's estate, and the
payment by any
person other than the person to whom the services
are rendered
for the personal services of another person, which
contribution
is made, received, or used for the purpose of
influencing the
results of an election.
Any loan, gift, deposit, forgiveness of indebtedness, donation, advance, payment, or transfer of funds or of anything of value, including a transfer of funds from an inter vivos or testamentary trust or decedent's estate, and the payment by any campaign committee, political action committee, legislative campaign fund, political party, political contributing entity, or person other than the person to whom the services are rendered for the personal services of another person, that is made, received, or used by a state or county political party, other than moneys a state or county political party receives from the Ohio political party fund pursuant to section 3517.17 of the Revised Code and the moneys a state or county political party may receive under sections 3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be considered to be a "contribution" for the purpose of section 3517.10 of the Revised Code and shall be included on a statement of contributions filed under that section.
"Contribution" does not
include any of the following:
(a) Services provided without compensation by individuals
volunteering a portion or all of their time on behalf of a
person;
(b) Ordinary home hospitality;
(c) The personal expenses of a volunteer paid for by that
volunteer campaign worker;
(d) Any gift given to a state or county political party
pursuant to section 3517.101 of the Revised Code. As used in
division (B)(5)(d) of this section,
"political party" means only
a
major political party;
(e) Any contribution as defined in section 3517.1011 of the Revised Code that is made, received, or used to pay the direct costs of producing or airing an electioneering communication;
(f) Any gift given to a state or county political party for the party's restricted fund under division (A)(2) of section 3517.1012 of the Revised Code;
(g) Any gift given to a state political party for deposit in a Levin account pursuant to section 3517.1013 of the Revised Code. As used in this division, "Levin account" has the same meaning as in that section.
(6)
"Expenditure" means the disbursement or use of a
contribution for the purpose of influencing the results of an
election or of making a charitable donation under division (G) of
section 3517.08 of the Revised Code. Any disbursement or use of a contribution by a state or county political party is an expenditure and shall be considered either to be made for the purpose of influencing the results of an election or to be made as a charitable donation under division (G) of section 3517.08 of the Revised Code and shall be reported on a statement of expenditures filed under section 3517.10 of the Revised Code. During the thirty days preceding a primary or general election, any disbursement to pay the direct costs of producing or airing a broadcast, cable, or satellite communication that refers to a clearly identified candidate shall be considered to be made for the purpose of influencing the results of that election and shall be reported as an expenditure or as an independent expenditure under section 3517.10 or 3517.105 of the Revised Code, as applicable, except that the information required to be reported regarding contributors for those expenditures or independent expenditures shall be the same as the information required to be reported under divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.
As used in this division, "broadcast, cable, or satellite communication" and "refers to a clearly identified candidate" have the same meanings as in section 3517.1011 of the Revised Code.
(7)
"Personal expenses" includes, but is not limited to,
ordinary expenses for accommodations, clothing, food, personal
motor vehicle or airplane, and home telephone.
(8)
"Political action committee" means a combination of
two
or more persons, the primary or major purpose of
which is
to
support or oppose any candidate, political party, or issue, or
to
influence the result of any election through express advocacy, and that is
not a political
party, a campaign committee, a political contributing entity,
or a
legislative campaign fund. "Political action committee" does not include a either of the following:
(a) A continuing association that makes disbursements for the direct costs of producing or airing electioneering communications and that does not engage in express advocacy;
(b) A political club that is formed primarily for social purposes and that consists of one hundred members or less, has officers and periodic meetings, has less than two thousand five hundred dollars in its treasury at all times, and makes an aggregate total contribution of one thousand dollars or less per calendar year.
(9)
"Public office" means any state, county, municipal,
township, or district office, except an office of a political
party, that is filled by an election and the offices of United
States senator and
representative.
(10)
"Anything of value" has the same meaning as in
section
1.03 of the Revised Code.
(11)
"Beneficiary of a campaign fund" means a candidate, a
public official or employee for whose benefit a campaign fund
exists, and any other person who has ever been a candidate or
public official or employee and for whose benefit a campaign fund
exists.
(12)
"Campaign fund" means money or other property,
including contributions.
(13)
"Public official or employee" has the same meaning as
in section 102.01 of the Revised Code.
(14)
"Caucus" means all of the
members of the house of
representatives or all of the members of
the senate of the general
assembly who are members of the same
political party.
(15)
"Legislative campaign fund" means a fund that is
established as an auxiliary of a state political party and
associated with one
of the houses of the general assembly.
(16)
"In-kind contribution" means anything of
value other
than money that is used to influence the results of
an election or
is transferred to or used in support of or in
opposition to a
candidate, campaign committee, legislative
campaign fund,
political party, political action committee, or political contributing entity and
that is made with the consent of, in
coordination, cooperation,
or consultation with, or at the request
or suggestion of the
benefited candidate, committee, fund, party, or entity. The financing of
the
dissemination, distribution, or
republication, in whole or part,
of any broadcast or of any
written, graphic, or other form of
campaign materials prepared by
the candidate, the
candidate's campaign committee, or their
authorized agents is an in-kind
contribution to the candidate and
an expenditure by the candidate.
(17)
"Independent expenditure" means an
expenditure by a
person advocating the election or
defeat of an identified
candidate or candidates, that is
not made with
the consent of, in
coordination, cooperation, or consultation
with, or at the request
or suggestion of any candidate or
candidates or of the campaign
committee or agent of the candidate
or candidates. As used in
division (B)(17) of this section:
(a)
"Person" means an individual,
partnership,
unincorporated business organization or association,
political
action committee, political contributing entity,
separate
segregated
fund, association, or other organization or group
of persons,
but not a labor organization or a corporation unless the labor organization or corporation is a political contributing entity.
(b)
"Advocating" means any
communication containing a
message advocating election or defeat.
(c)
"Identified candidate"
means that the name of the
candidate appears, a photograph or
drawing of the candidate
appears, or the identity of the
candidate is otherwise apparent by
unambiguous reference.
(d)
"Made in coordination, cooperation, or
consultation
with, or at the request or suggestion of, any
candidate or the
campaign committee or agent of the
candidate" means made pursuant
to any arrangement,
coordination, or direction by the candidate,
the candidate's
campaign committee, or the candidate's agent prior
to the
publication, distribution,
display, or broadcast of the
communication. An expenditure is
presumed to be so made when it
is any of the following:
(i) Based on information about the candidate's
plans,
projects, or needs provided to the person making the
expenditure
by the candidate, or by the candidate's campaign
committee or
agent, with a view toward having an expenditure
made;
(ii) Made by or through any person who is, or
has been,
authorized to raise or expend funds, who is, or has
been, an
officer of the candidate's campaign committee, or who
is, or has
been, receiving any form of compensation or
reimbursement from the
candidate or the candidate's campaign
committee or agent;
(iii) Except as otherwise provided in division (D) of section 3517.105 of the Revised Code, made by a political party in support of a
candidate,
unless the expenditure is made by a political party to
conduct
voter registration or voter education efforts.
(e)
"Agent" means any person who has
actual oral or written
authority, either express or implied, to
make or to authorize the
making of expenditures on behalf of a
candidate, or means any
person who has been placed in a position
with the candidate's
campaign committee or organization such that
it would reasonably
appear that in the ordinary course of
campaign-related activities
the person may authorize
expenditures.
(18)
"Labor organization" means a labor
union; an employee
organization; a federation of labor unions,
groups, locals, or
other employee organizations; an auxiliary of
a labor union,
employee organization, or federation of labor unions, groups,
locals, or other employee organizations; or any other bona fide
organization in
which employees participate and that exists for
the purpose, in
whole or in part, of dealing with employers
concerning
grievances, labor disputes, wages, hours, and other
terms and
conditions of employment.
(19)
"Separate segregated fund" means a
separate segregated
fund established pursuant to the
Federal Election Campaign
Act.
(20)
"Federal Election Campaign Act" means
the
"Federal
Election Campaign Act
of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et
seq., as amended.
(21)
"Restricted fund" means the fund a state or county political party must establish under division (A)(1) of section 3517.1012 of the Revised Code.
(22) "Electioneering communication" has the same meaning as in section 3517.1011 of the Revised Code.
(23) "Express advocacy" means a communication that contains express words advocating the nomination, election, or defeat of a candidate or that contains express words advocating the adoption or defeat of a question or issue, as determined by a final judgment of a court of competent jurisdiction.
(24) "Political committee" has the same meaning as in section 3517.1011 of the Revised Code.
(25) "Political contributing entity" means any entity, including a corporation or labor organization, that may lawfully make contributions and expenditures and that is not an individual or a political action committee, continuing association, campaign committee, political party, legislative campaign fund, designated state campaign committee, or state candidate fund. For purposes of this division, "lawfully" means not prohibited by any section of the Revised Code, or authorized by a final judgment of a court of competent jurisdiction.
Sec. 3517.081. (A) Each candidate shall have no more than one
campaign committee for purposes of receiving contributions and
making expenditures. No campaign committee shall receive any
contribution or make any expenditure other than through the
campaign treasurer. The campaign treasurer shall file all
statements required of a candidate or campaign committee under
section 3517.10 of the Revised Code.
The candidate shall designate himself the candidate or a member of
his the candidate's campaign committee as his the
candidate's campaign treasurer as required by division (D) of section
3517.10 of the Revised Code. The campaign treasurer may appoint deputy
campaign treasurers as required. Deputy campaign treasurers may exercise any
of the powers and duties of a campaign treasurer when specifically authorized
to do so by the campaign treasurer or the candidate.
Each candidate shall file a written statement, as required
by division (D) of section 3517.10 of the Revised Code, setting
forth the full name and address of the campaign treasurer and
also of each deputy treasurer. Each candidate shall file
supplemental statements giving the full name and address of each
deputy treasurer at the time of appointment.
A candidate may remove the campaign treasurer or any deputy
campaign treasurer at any time. In the case of death,
resignation, or removal of the treasurer or deputy treasurer
before compliance with all obligations of a campaign treasurer,
the candidate shall fill the vacancy thus created in the same
manner as provided in the case of an original appointment.
(B)(1) Two or more candidates may be the beneficiaries of a single campaign committee if all of the following apply:
(a) Each candidate is seeking nomination or election to the same office at the same election.
(b) The office for which each candidate is seeking nomination or election is the office of member of a board, commission, or other similar body of elected officials to which multiple members are nominated or elected at the same election.
(c) The number of candidates who will be the beneficiaries of the campaign committee does not exceed the number of open positions on the board, commission, or other similar body of elected officials to which the candidates are seeking nomination or election.
(d) The candidates jointly designate one of the candidates or one member of the campaign committee as the treasurer of that campaign committee as required under division (A) of this section.
(e) The candidates jointly file the written statements required under division (A) of this section.
(2) Except as otherwise provided in this division, any penalty that may be imposed on a candidate under section 3517.992 of the Revised Code for a violation of this chapter shall be imposed jointly and severally on each beneficiary of a multi-beneficiary campaign committee. If the Ohio elections commission or the appropriate prosecutor is able to determine that a specific beneficiary of a multi-beneficiary campaign committee violated this chapter, the applicable penalty under section 3517.992 of the Revised Code shall be imposed only on that candidate and not on the other beneficiaries of that multi-beneficiary campaign committee.
(3)(a) If any of the following occur after a multi-beneficiary campaign committee is established, that campaign committee shall be terminated:
(i) The beneficiaries of the campaign committee disagree as to the designation or removal of a campaign treasurer.
(ii) Any beneficiary of the campaign committee desires to end the beneficiary's candidacy for the office for which the beneficiaries are seeking nomination or election.
(iii) Any beneficiary of the campaign committee desires to form an individual campaign committee.
(b) Prior to the termination of a multi-beneficiary campaign committee in accordance with division (B)(3)(a) of this section, any contributions received by that campaign committee that have not been expended shall be disposed of in the manner provided in division (C) of section 3517.109 of the Revised Code. No contributions from the multi-beneficiary campaign committee shall be contributed or transferred into any candidate's individual campaign committee.
(4) No candidate who has a campaign committee for which that candidate is the sole beneficiary shall become the beneficiary of a campaign committee with multiple beneficiaries under division (B)(1) of this section unless the candidate first terminates the candidate's individual campaign committee. Prior to the termination of that individual campaign committee, any contributions received by that campaign committee that have not been expended shall be disposed of in the manner provided in division (C) of section 3517.109 of the Revised Code. No contributions from the candidate's individual campaign committee shall be contributed or transferred into the multi-beneficiary campaign committee.
Sec. 3517.092. (A) As used in this section:
(1) "Appointing authority" has the same
meaning as in section 124.01 of the Revised
Code.
(2) "State elected officer" means any person
appointed or elected to a state elective office.
(3) "State elective office" means any of the
offices of governor, lieutenant governor, secretary of state,
auditor of state, treasurer of state, attorney general, member of the state
board of education, member of
the general assembly, and justice and chief justice of the
supreme court.
(4) "County elected officer" means any person
appointed or elected to a county elective office.
(5) "County elective office" means any of the
offices of county auditor, county treasurer, clerk of the court
of common pleas, sheriff, county recorder, county engineer,
county commissioner, prosecuting attorney, and coroner.
(6)(4) "Contribution" includes a contribution to any political party, campaign
committee, political action committee, political contributing entity, or legislative campaign fund.
(B)(1) No state elected officer, no campaign
committee of such an officer, no employee of the state elected officer's office, and no other person or entity shall
knowingly solicit or accept a contribution
on behalf of that to a state elected officer or that to such an officer's campaign committee, and no state elected officer and no campaign committee of such an officer shall accept a contribution, from any
of the following:
(1)(a) A state employee whose appointing authority is the
state elected officer;
(2)(b) A state employee whose appointing authority is
authorized or required by law to be appointed by the state
elected officer;
(3)(c) A state employee who functions in or is employed in
or by the same public agency, department, division, or office as
the state elected officer.
(C)(2) No candidate for a state elective office, no campaign
committee of such a candidate, no employee of the candidate's office if the candidate is a state elected officer or an elected officer of a political subdivision of the state, and no
other person or entity shall knowingly solicit or
accept a contribution on behalf of that to a candidate for a state elective office or that to such a candidate's
campaign committee, and no candidate for a state elective office and no campaign committee of such a candidate shall accept a contribution, from any of the following:
(1)(a) A state employee at the time of the solicitation,
whose appointing authority will be the candidate, if elected;
(2)(b) A state employee at the time of the solicitation,
whose appointing authority will be appointed by the candidate, if
elected, as authorized or required by law;
(3)(c) A state employee at the time of the solicitation,
who will function in or be employed in or by the same public
agency, department, division, or office as the candidate, if
elected.
(D)(C)(1) No county elected officer of a political subdivision of the state, no campaign
committee of such an officer, no employee of such an officer's office, and no other person or entity
shall knowingly solicit a contribution on
behalf of that to an elected officer of a political subdivision of the state or that to such an officer's campaign committee from any of
the following:
(1) A county (a) An employee of that political subdivision whose appointing authority is the
county that elected officer;
(2) A county (b) An employee of that political subdivision whose appointing authority is
authorized or required by law to be appointed by the county that
elected officer;
(3) A county (c) An employee of that political subdivision who functions in or is employed
in or by the same public agency, department, division, or office
as the county that elected officer.
(E)(2) No candidate for a county an elective office of a political subdivision of the state, no campaign committee of such
a candidate, no employee of the candidate's office if the candidate is a state elected officer or elected officer of a political subdivision of the state,
and no other person or entity shall knowingly solicit a contribution on behalf
of that to a candidate for an elective office of a political subdivision of the state or that to such a candidate's campaign
committee from any of the following:
(1) A county (a) An employee of that political subdivision at the time of the solicitation,
whose appointing authority will be the candidate, if elected;
(2) A county (b) An employee of that political subdivision at the time of the solicitation,
whose appointing authority will be appointed by the candidate, if
elected, as authorized or required by law;
(3) A county (c) An employee of that political subdivision at the time of the solicitation,
who will function in or be employed in or by the same public
agency, department, division, or office as the candidate, if
elected.
(F)(D)(1) No public employee shall solicit a contribution from any person while
the public employee is performing the public employee's
official duties or in those areas of a
public building where official business is transacted or conducted.
(2) No person shall solicit a contribution from any public employee while the
public employee is performing the public employee's official
duties or is in those areas of a
public building where official business is
transacted or conducted.
(3) As used in division (F)(D) of this section, "public employee" does not
include any person holding an elective office.
(G)(E) The prohibitions in divisions (B),
(C), and (D), (E), and (F) of this section are
in addition to the prohibitions in sections 124.57, 3304.22, and
4503.032 of the Revised Code.
Sec. 3517.10. (A) Except as otherwise provided in this
division, every campaign committee, political action committee,
legislative campaign fund, political party, and political contributing entity
that made or received a contribution or made
an expenditure in connection with the nomination or election of
any candidate or in connection with any ballot issue or question
at any election held or to be held in this state shall file, on a
form prescribed under this section or by electronic means of
transmission as provided in this section and section 3517.106 of
the Revised
Code, a
full, true,
and
itemized
statement, made under penalty of election
falsification, setting
forth in detail the contributions and
expenditures, not later than
four p.m. of the following dates:
(1) The twelfth day before the election to reflect
contributions received and expenditures made from the close of
business on the last day reflected in the last previously filed
statement, if any, to the close of business on the twentieth day
before the election;
(2) The thirty-eighth day after the election to reflect
the
contributions received and expenditures made from the close
of
business on the last day reflected in the last previously
filed
statement, if any, to the close of business on the seventh
day
before the filing of the statement;
(3) The last business day of January of every year to
reflect the contributions received and expenditures made from the
close of business on the last day reflected in the last
previously
filed statement, if any, to the close of business on
the last day
of December of the previous year;
(4) The last business day of July of every year to reflect the contributions received and expenditures made from the close of business on the last day reflected in the last previously filed statement, if any, to the close of business on the last day of June of that year.
A campaign committee shall only be required to file the
statements prescribed under divisions (A)(1) and (2) of this
section in connection with the nomination or election of the
committee's candidate.
The statement required under division (A)(1) of this
section
shall not be required of any campaign committee,
political action
committee, legislative campaign
fund, political party, or political contributing entity that has
received
contributions of
less than one thousand dollars and has made
expenditures of less
than one thousand dollars at the close of
business on the
twentieth day before the election. Those contributions and
expenditures shall be reported in the statement required under
division (A)(2)
of this section.
If an election to select candidates to appear on the
general
election ballot is held within sixty days before a
general
election, the campaign committee of a successful
candidate in the
earlier election may file the statement required
by division
(A)(1) of this section for the general election
instead of the
statement required by division (A)(2) of this
section for the
earlier election if the pregeneral
election
statement reflects the
status of contributions and expenditures
for the period twenty
days before the earlier election to twenty
days before the general
election.
If a person becomes a candidate less than twenty days
before
an election, the candidate's campaign committee is not
required to
file the statement required by division (A)(1) of this section.
No statement under division (A)(3) or (4) of this section shall be
required for any year in which a campaign committee, political
action committee, legislative campaign fund,
political party, or political contributing entity is required to
file a
postgeneral
election statement under
division (A)(2)
of this
section.
However,
such a statement under division (A)(3) of this section may be filed, at the option
of the
campaign
committee, political action committee,
legislative
campaign fund,
political party, or political contributing entity.
No campaign committee of a candidate for the office of chief justice or justice of the supreme court, and no campaign committee of a candidate for the office of judge of any court in this state, shall be required to file a statement under division (A)(4) of this section.
Except as otherwise provided in this paragraph and in the next paragraph of this section, the only campaign committees required to file a statement under division (A)(4) of this section are the campaign committee of a statewide candidate and the campaign committee of a candidate for county office. The campaign committee of a candidate for any other nonjudicial office is required to file a statement under division (A)(4) of this section if that campaign committee receives, during that period, contributions exceeding ten thousand dollars.
No statement under division (A)(4) of this section shall be required of a campaign committee, a political action committee, a legislative campaign fund, a political party, or a political contributing entity for any year in which the campaign committee, political action committee, legislative campaign fund, political party, or political contributing entity is required to file a postprimary election statement under division (A)(2) of this section. However, a statement under division (A)(4) of this section may be filed at the option of the campaign committee, political action committee, legislative campaign fund, political party, or political contributing entity.
No statement under division (A)(3) or (4) of this section shall be
required if the campaign committee, political action committee,
legislative campaign fund, political party, or political contributing entity has no
contributions that it has received and
no expenditures that it has made since the
last date reflected in
its last previously filed statement.
However, the campaign
committee, political action committee,
legislative campaign fund,
political party, or political contributing entity shall
file a
statement to that effect, on a form prescribed under this
section
and made under penalty of election falsification, on the
date
required in division (A)(3) or (4) of this section, as applicable.
The campaign committee of a statewide candidate shall
file a
monthly statement of contributions received during each of
the
months of July, August, and September
in the year of the general
election in which the candidate seeks
office. The campaign
committee of a statewide candidate shall
file the monthly
statement
not later than three business days after the last day of
the
month covered by the statement. During the period
beginning
on the
nineteenth day before the general election in which a
statewide candidate
seeks election to office and extending through
the day of that general
election, each time the campaign committee
of the joint candidates for the
offices of governor and
lieutenant
governor or of a candidate for the office of secretary of state,
auditor of state, treasurer of state, or attorney general receives
a
contribution from a contributor that causes the aggregate amount
of contributions received from that contributor during that
period
to equal or exceed ten thousand dollars and each time
the
campaign committee of a candidate for the office of chief
justice or
justice of the supreme court receives a contribution
from a
contributor that causes the aggregate amount of
contributions
received from that contributor during that period to
exceed ten thousand dollars, the campaign committee
shall file a
two-business-day statement reflecting that
contribution. During
the period beginning on the nineteenth
day before a
primary
election in which a candidate for statewide
office seeks
nomination to office and extending through the day
of that primary
election, each time either the campaign committee of a
statewide
candidate in that primary election that files a
notice under
division (C)(1) of section 3517.103 of the Revised Code or the
campaign committee
of a statewide candidate in that primary
election to which, in
accordance with division (D) of section
3517.103 of the
Revised Code, the contribution limitations
prescribed in
section 3517.102 of the Revised Code
no longer apply
receives a contribution
from a contributor that causes the
aggregate amount of
contributions received from that contributor
during that period
to exceed ten thousand dollars,
the campaign
committee shall file a two-business-day statement
reflecting
that contribution.
Contributions reported on a
two-business-day statement
required to be filed by a campaign
committee of a statewide
candidate in a primary election shall
also be included
in the postprimary election statement required to
be filed by
that campaign committee under division (A)(2) of this
section. A two-business-day statement required by this
paragraph
shall be filed not
later than two business days after receipt of
the contribution. The
statements required by this paragraph shall
be filed in
addition to any other statements required by this
section.
Subject to the secretary
of state
having implemented, tested, and verified the successful
operation of any system the secretary of state prescribes pursuant
to
divisions (C)(6)(b) and (D)(6) of this
section and division
(H)(1) of section 3517.106 of the Revised Code for the
filing
of
campaign finance statements by electronic means of transmission,
a campaign committee
of a statewide
candidate shall file a two-business-day
statement under the
preceding paragraph
by electronic means of transmission if the
campaign committee
is required to file a pre-election,
postelection, or
monthly statement of contributions and
expenditures by
electronic means of transmission under this
section or section
3517.106 of the Revised
Code.
If a campaign committee or political action committee has
no
balance on hand and no outstanding obligations and desires to
terminate itself, it shall file a statement to that effect, on a
form prescribed under this section and made under penalty of
election falsification, with the official with whom it files a
statement under division (A) of this section after filing a final
statement of contributions and a final statement of expenditures,
if contributions have been received or expenditures made since
the
period reflected in its last previously filed statement.
(B) Except as otherwise provided in division (C)(7) of
this
section, each statement required by division (A) of this
section
shall contain the following information:
(1) The full name and address of each campaign committee,
political action committee, legislative campaign
fund, political
party, or political contributing entity, including any
treasurer
of the committee, fund, party, or entity,
filing a contribution
and expenditure statement;
(2)(a) In the case of a campaign committee, the candidate's
full name and address;
(b) In the case of a political action committee, the
registration number assigned to the committee under division
(D)(1)
of this section.
(3) The date of the election and whether it was or will be
a
general, primary, or special election;
(4) A statement of contributions received, which shall
include the following information:
(a) The month, day, and year of the contribution;
(b)(i) The full name and address of each person, political
party, campaign committee, legislative campaign fund,
political
action committee, or political contributing entity
from whom
contributions are received and the
registration number assigned to
the
political action committee under division (D)(1) of this
section. The requirement of filing the full address does not
apply to any statement filed by a state or local committee of a
political
party, to a finance committee of
such committee, or to a
committee recognized by a state or local
committee as its
fund-raising auxiliary. Notwithstanding
division (F) of this
section, the requirement of filing the full
address shall be
considered as being met if the address filed is
the same address
the contributor provided under division
(E)(1) of this section.
(ii) If a political action committee, political contributing entity, legislative campaign fund, or political party that is required to file campaign finance statements by electronic means of transmission under section 3517.106 of the Revised Code or a campaign committee of a statewide candidate or
candidate for the office of member of the general assembly
receives a
contribution from an individual that exceeds one
hundred dollars, the name of the individual's current employer,
if
any, or, if the individual is self-employed, the
individual's
occupation and the name of the individual's business, if any;
(iii) If a campaign committee of a statewide candidate or
candidate for the office of member of the general assembly
receives a
contribution transmitted pursuant to
section 3599.031
of the Revised Code from
amounts deducted from the wages and
salaries of two or more
employees that exceeds
in the aggregate
one hundred dollars during any one filing period
under division
(A)(1), (2), (3), or (4) of this section, the full
name of the
employees' employer and the full name of the labor organization
of
which the employees are members, if any.
(c) A description of the contribution received, if other
than money;
(d) The value in dollars and cents of the contribution;
(e) A separately itemized account of all contributions and
expenditures regardless of the amount, except a receipt of a
contribution from a person in the sum of twenty-five dollars or
less at one social or fund-raising activity and a receipt of a
contribution
transmitted pursuant to section 3599.031 of the
Revised Code from amounts
deducted from the wages and salaries of
employees if the contribution from the
amount deducted from the
wages and salary of any one employee is twenty-five
dollars or
less aggregated in a calendar year. An account of the total
contributions from each social or fund-raising activity shall
include a
description of and the value of each in-kind
contribution received at that
activity from any person who made
one or more
such contributions whose aggregate value exceeded two
hundred
fifty dollars and shall be listed separately, together
with the expenses
incurred and paid in connection with that
activity. A campaign committee,
political action committee,
legislative campaign fund, political
party, or political contributing entity
shall keep records of contributions from each
person in the amount of
twenty-five dollars or less at one social
or fund-raising activity and
contributions from amounts deducted
under section 3599.031 of the Revised Code
from the wages and
salary of each employee in the amount of twenty-five
dollars or
less aggregated in a calendar year. No continuing association
that
is recognized by a state or local committee of a political
party as an
auxiliary of the party and that makes a contribution
from funds derived solely
from regular dues paid by members of the
auxiliary shall be required to list
the name or address of any
members who paid those dues.
Contributions that are other income shall be itemized
separately from all other contributions. The information
required
under division (B)(4) of this section shall be
provided for all
other income itemized. As used in this
paragraph, "other income"
means a loan, investment
income, or interest income.
(f) In the case of a campaign committee of a
state elected
officer, if a person doing business with the state elected
officer
in the officer's official capacity makes a contribution to
the
campaign committee of that officer, the information required
under
division (B)(4) of this section in regard to that
contribution,
which shall be filed together with and considered a
part of the
committee's statement of contributions as required
under division
(A) of this section but shall be filed on
a separate form provided
by the secretary of state. As used in
this division:
(i) "State elected officer" has the
same meaning as in
section 3517.092 of the Revised
Code.
(ii) "Person doing business" means a
person or an officer of
an entity who enters into one or more
contracts with a state
elected
officer or anyone authorized to enter into contracts on
behalf of
that officer to receive payments for goods or services,
if the
payments total, in the aggregate, more than five thousand
dollars
during a calendar year.
(5) A statement of expenditures which shall include the
following
information:
(a) The month, day, and year of the expenditure;
(b) The full name and address of each person, political
party, campaign committee, legislative campaign fund,
political
action committee, or political contributing entity to
whom the
expenditure was made and the
registration number assigned to the
political action committee under division (D)(1) of this
section;
(c) The object or purpose for which the expenditure was
made;
(d) The amount of each expenditure.
(C)(1) The statement of contributions and expenditures
shall
be signed by the person completing the form. If a statement of
contributions and expenditures is filed by electronic means of
transmission
pursuant to this
section or section 3517.106 of the
Revised Code, the
electronic signature of the person who executes
the statement and transmits
the statement by electronic means of
transmission, as
provided in division (H) of section 3517.106 of
the Revised
Code, shall be attached to or associated with the
statement and shall
be binding on all persons and for all purposes
under the campaign finance
reporting law as if the
signature had
been handwritten in ink on a printed form.
(2) The person filing the statement, under penalty of
election falsification, shall include with it a list of each
anonymous
contribution, the circumstances under which it was
received, and
the reason it cannot be attributed to a specific
donor.
(3) Each statement of a campaign committee of a candidate
who
holds public office shall contain a designation of each
contributor who is an employee in any unit or department under
the
candidate's direct supervision and control. In a space
provided
in the statement, the person filing the statement shall
affirm
that each such contribution was voluntarily made.
(4) A campaign committee that did not receive contributions
or
make expenditures in connection with the nomination or election
of its candidate shall file a statement to that effect, on a form
prescribed under this section and made under penalty of election
falsification, on the date required in division (A)(2) of this
section.
(5) The campaign committee of any person who attempts to
become
a candidate and who, for any reason, does not become
certified in
accordance with Title XXXV of the Revised Code for
placement on
the official ballot of a primary, general, or special
election to
be held in this state, and who, at any time prior to
or after an
election, receives contributions or makes
expenditures, or has
given consent for another to receive
contributions or make
expenditures, for the purpose of bringing
about the person's
nomination or election to public office, shall
file the statement
or statements prescribed by this section and a
termination
statement, if applicable. Division (C)(5) of this section does not
apply to any
person with respect to an election to the offices of
member of a
county or state central committee, presidential
elector, or
delegate to a national convention or conference of a
political
party.
(6)(a) The statements required to be filed under this
section
shall specify the balance in the hands of
the campaign
committee, political action
committee, legislative campaign fund,
political
party, or political contributing entity and the
disposition
intended to be made of that balance.
(b) The secretary of state shall prescribe the form for all
statements
required to be
filed under this section
and
shall
furnish the forms to the boards of elections in
the several
counties. The boards
of elections shall supply printed copies of
those forms without charge. The
secretary of state
shall
prescribe the appropriate methodology, protocol, and data file
structure for
statements required or permitted to
be filed by
electronic means of transmission under division (A) of
this
section,
divisions (E), (F), and (G) of section 3517.106, division (D) of section 3517.1011, division (B) of section 3517.1012, and division (C) of section 3517.1013 of
the
Revised Code.
Subject to division (A) of this
section, divisions
(E), (F),
and (G) of section 3517.106, division (D) of section 3517.1011, division (B) of section 3517.1012, and division (C) of section 3517.1013 of the
Revised
Code, the statements
required to be stored on
computer by the secretary of state under
division (B) of section
3517.106 of the Revised Code
shall be
filed in whatever format
the secretary of state considers
necessary to enable
the secretary of state to store the
information contained in
the statements on computer. Any such
format shall be of a type and nature that is readily available to
whoever is
required to file the statements in that format.
(c) The secretary of state shall assess the need for
training
regarding the filing of campaign finance statements by
electronic means of
transmission and regarding associated
technologies for candidates, campaign committees, political action
committees,
legislative campaign funds, political parties, or political contributing entities,
for individuals, partnerships, or
other entities, or for persons making disbursements to pay the direct costs of producing or airing electioneering communications, required or
permitted to file statements by
electronic means of transmission under this
section or section
3517.105, 3517.106, 3517.1011, 3517.1012, or 3517.1013 of the Revised Code. If, in the opinion of
the secretary
of state,
training in these areas is necessary, the
secretary of state shall arrange
for the provision of voluntary
training programs for candidates, campaign
committees, political
action committees, legislative campaign funds, political
parties, or political contributing entities,
for individuals, partnerships,
and
other entities, or for persons making disbursements to pay the direct costs of producing or airing electioneering communications, as appropriate.
(7) Each monthly statement and each
two-business-day
statement required by
division (A) of this section shall contain
the information required by
divisions (B)(1) to (4), (C)(2), and,
if
appropriate, (C)(3) of this section. Each statement
shall be
signed as required by division (C)(1) of this section.
(D)(1) Prior to receiving a contribution or making an
expenditure, every
campaign committee, political action
committee,
legislative campaign fund, political party, or political contributing entity
shall appoint a treasurer and shall
file, on a
form prescribed by the secretary of state, a
designation of that
appointment,
including the full name and address of the treasurer
and of the
campaign committee, political
action committee,
legislative campaign fund, political
party, or political contributing entity. That designation shall
be filed with
the
official with whom the campaign committee,
political action
committee, legislative campaign fund,
political party, or political contributing entity is required to
file statements under
section 3517.11 of the
Revised Code. The name of a campaign
committee shall include at least the
last name of the campaign
committee's candidate. If two or more candidates are the beneficiaries of a single campaign committee under division (B) of section 3517.081 of the Revised Code, the name of the campaign committee shall include at least the last name of each candidate who is a beneficiary of that campaign committee. The secretary of
state shall assign a
registration number to each political action
committee that files
a designation of the appointment of a treasurer under
this division
if the political action committee is
required
by division (A)(1) of section 3517.11 of the Revised Code
to file the
statements prescribed by this section with the
secretary of state.
(2) The treasurer appointed under division (D)(1) of this
section shall keep a strict account of all contributions, from
whom received and the purpose for which they were disbursed.
(3)(a) Except as otherwise provided in section 3517.108 of
the Revised Code,
a campaign committee shall deposit all monetary
contributions
received by the committee into an account separate
from a personal or business
account of the candidate or campaign
committee.
(b) A political action committee
shall deposit all monetary
contributions received by the committee into an
account separate
from all other funds.
(c) A state or county political party may
establish a state
candidate fund that is separate from an account that
contains the
public moneys received from the Ohio political party fund
under
section 3517.17 of the Revised Code and from all other funds. A
state
or county political party may deposit into its state
candidate fund any
amounts of monetary contributions that are made
to or accepted by the
political party subject to the applicable
limitations, if any, prescribed in
section 3517.102 of the Revised
Code. A state or county political party
shall deposit all other
monetary contributions received by the
party into one or more
accounts
that are separate from its state candidate fund and from
its account that contains the public moneys received from the Ohio
political party fund under section 3517.17 of the Revised Code.
(d) Each state political party shall have only one
legislative campaign fund
for each house of the general assembly.
Each such fund shall be separate from
any other funds or accounts
of that state party. A legislative campaign fund
is authorized to
receive contributions and make expenditures for the primary
purpose of furthering the election of candidates who are members
of that
political party to the house of the general assembly with
which that
legislative campaign fund is associated. Each
legislative campaign fund shall
be administered and controlled in
a manner designated by the caucus. As used
in this division, "caucus" has the same meaning as in
section
3517.01 of the Revised Code and includes, as an ex officio member,
the
chairperson of the state political party with which the caucus
is
associated or that chairperson's designee.
(4) Every expenditure in excess of twenty-five dollars shall
be
vouched for by a receipted bill, stating the purpose of the
expenditure, that shall be filed with the statement of
expenditures. A canceled check with a notation of the purpose of
the expenditure is a receipted bill for purposes of division
(D)(4) of this section.
(5) The secretary of state or the board of elections, as the
case may
be, shall issue a receipt for each statement filed under
this section and
shall preserve a copy of the receipt for a period
of at least six
years. All statements filed under this section
shall be
open to public inspection in
the office where they are
filed and shall be carefully preserved
for a period of at least
six years after the year in which they
are filed.
(6) The secretary of
state, by rule adopted pursuant to
section 3517.23 of the
Revised
Code, shall prescribe both of the following:
(a) The
manner of
immediately acknowledging, with date and time received, and
preserving the receipt of statements
that are transmitted by
electronic means of transmission to the secretary of
state
pursuant to this section or section 3517.106, 3517.1011, 3517.1012, or 3517.1013 of the
Revised
Code;
(b) The manner of
preserving the contribution and expenditure, contribution and disbursement, deposit and disbursement, or gift and disbursement information in the statements described in division (D)(6)(a) of this section.
The secretary of state
shall
preserve the contribution and expenditure, contribution and disbursement, deposit and disbursement, or gift and disbursement information in those
statements for at least
ten years after the year in which they are
filed by electronic means of transmission.
(7) The secretary of state, pursuant to division
(I) of
section 3517.106 of the Revised Code, shall
make available online
to the public through the internet the contribution and
expenditure, contribution and disbursement, deposit and disbursement, or gift and disbursement information in
all statements, all addenda,
amendments, or other corrections to statements,
and all amended
statements filed with the secretary of state by electronic or
other means of transmission under this section, division
(B)(2)(b)
or (C)(2)(b) of
section 3517.105, or section 3517.106, 3517.1011, 3517.1012, 3517.1013, or 3517.11
of the Revised Code. The secretary of state
may remove the
information from the internet after a reasonable period of
time.
(E)(1) Any person, political party, campaign committee,
legislative campaign fund,
political action committee, or political contributing entity
that makes a contribution in
connection with the nomination or election of any candidate or in
connection with any ballot issue or question at any election held
or to be held in this state shall provide its full name and
address to the recipient of the contribution at the time the
contribution is made. The political action committee also
shall
provide the registration number assigned to the committee under
division
(D)(1) of this section to the recipient of the
contribution at the time the
contribution is made.
(2) Any individual who makes a contribution that
exceeds one
hundred dollars to a political action committee, political contributing entity, legislative campaign fund, or political party or to a campaign committee of a statewide candidate
or candidate for the office of member of the general assembly shall provide
the name of the individual's current employer, if
any, or, if
the individual is
self-employed, the individual's
occupation and the name of the individual's business, if any, to
the recipient of the contribution at the time the
contribution is
made. Sections 3599.39 and 3599.40 of the Revised
Code do not apply to division (E)(2) of this section.
(3) If a campaign committee shows that it has exercised its
best efforts to
obtain, maintain, and submit the information
required under divisions
(B)(4)(b)(ii) and (iii) of this section,
that committee is considered to have
met the requirements of those
divisions. A campaign committee shall not be
considered to have
exercised its best efforts unless, in connection with written
solicitations,
it regularly includes a written request for the
information required under
division (B)(4)(b)(ii) of this section
from the contributor or the information
required under division
(B)(4)(b)(iii) of this section from whoever transmits
the
contribution.
(4) Any check that a political action committee uses to
make
a contribution or an expenditure shall contain the full name
and
address of the committee and the registration number assigned
to
the committee under division (D)(1) of this section.
(F) As used in this section:
(1)(a) Except as otherwise provided in division (F)(1) of this section, "address" means all of the
following if they exist:
apartment number, street, road, or
highway name and number, rural
delivery route number, city or
village, state, and zip code as
used in a person's
post-office address, but not post-office box.
(b) Except as otherwise provided in division (F)(1) of this section, if an address is required in this section, a post-office box and
office, room, or suite number may be included in addition to, but
not in lieu of, an apartment, street, road, or highway name and
number.
(c) If an
address is required in this section, a
campaign
committee, political action committee, legislative campaign fund,
political party, or political contributing entity may use
the
business or residence address of its treasurer or deputy
treasurer. The post-office box number of the campaign committee,
political action committee, legislative campaign fund,
political
party, or political contributing entity may be used in
addition to
that address.
(d) For the sole purpose of a campaign committee's reporting of contributions on a statement of contributions received under division (B)(4) of this section, "address" has one of the following meanings at the option of the campaign committee:
(i) The same meaning as in division (F)(1)(a) of this section;
(ii) All of the following, if they exist: the contributor's post-office box number and city or village, state, and zip code as used in the contributor's post-office address.
(e) As used with regard to the reporting under this section of any expenditure, "address" means all of the following if they exist: apartment number, street, road, or highway name and number, rural delivery route number, city or village, state, and zip code as used in a person's post-office address, or post-office box. If an address concerning any expenditure is required in this section, a campaign committee, political action committee, legislative campaign fund, political party, or political contributing entity may use the business or residence address of its treasurer or deputy treasurer or its post-office box number.
(2) "Statewide candidate" means the joint candidates for the
offices of governor and lieutenant governor or a candidate for the
office of
secretary of state, auditor of state, treasurer of
state, attorney general,
member of the state board of education,
chief justice of the supreme court, or
justice of the supreme
court.
(3) "Candidate for county office" means a candidate for the office of county auditor, county treasurer, clerk of the court of common pleas, judge of the court of common pleas, sheriff, county recorder, county engineer, county commissioner, prosecuting attorney, or coroner.
(G) An independent expenditure shall be reported
whenever
and in the same manner that an expenditure is required to be
reported
under this section and shall be reported pursuant to
division
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised
Code.
(H)(1) Except as otherwise provided in division (H)(2)
of
this section, if, during the combined pre-election and postelection
reporting periods
for an election, a campaign committee has
received contributions of five
hundred dollars or less and has
made expenditures in the total amount of five
hundred dollars or
less, it may file a statement to that effect, under penalty
of
election falsification, in lieu of the statement required by
division
(A)(2) of this section. The statement shall indicate the
total
amount of contributions received and the total amount of
expenditures made
during those combined reporting periods.
(2) In the case of a successful candidate at a primary
election, if either
the
total contributions received by or the
total expenditures made by the
candidate's campaign committee
during the preprimary, postprimary, pregeneral,
and postgeneral
election periods combined equal more than five hundred
dollars,
the campaign committee may file the statement under division
(H)(1)
of this section only for the primary election. The first
statement that the
campaign committee files in regard to the
general election shall reflect all
contributions received and all
expenditures made during the preprimary and
postprimary election
periods.
(3) Divisions (H)(1) and (2) of this section do not apply if
a
campaign committee receives contributions or makes expenditures
prior to the
first day of January of the year of the election at
which the
candidate seeks
nomination or election to office or if
the campaign committee does not file a
termination statement with
its postprimary election statement in the case of
an unsuccessful
primary election candidate or with its postgeneral election
statement in the case of other candidates.
(I) In the case of a contribution made by a partner of a partnership or
an owner or a member of another unincorporated business from any funds of the partnership or other unincorporated business, all of the following apply:
(1) The recipient of the contribution shall report the
contribution by
listing both the partnership or other unincorporated
business and the name of the
partner, owner, or member making the
contribution.
(2) In reporting the contribution, the recipient of the contribution shall be entitled to conclusively rely upon the information provided by the partnership or other unincorporated business, provided that the information includes one of the following:
(a) The name of each partner, owner, or member as of the date of the contribution or contributions, and a statement that the total contributions are to be allocated equally among all of the partners, owners, or members; or
(b) The name of each partner, owner, or member as of the date of the contribution or contributions who is participating in the contribution or contributions, and a statement that the contribution or contributions are to be allocated to those individuals in accordance with the information provided by the partnership or other unincorporated business to the recipient of the contribution.
(3) For purposes of section 3517.102 of the Revised Code,
the contribution
shall be considered to have been made by the
partner, owner, or member reported under
division (I)(1) of this section.
(3)(4) No contribution from a partner of a partnership or an owner or a member of another unincorporated
business shall be
accepted from any funds of the partnership or other unincorporated business unless the recipient reports the
contribution under division (I)(1)
of this section together with the information provided under division (I)(2) of this section.
(4)(5) No partnership or other unincorporated business shall make a contribution or contributions solely in the name of the partnership or other unincorporated business.
(5)(6) As used in division (I) of this section, "partnership or other unincorporated business" includes, but is not limited to, a cooperative, a sole proprietorship, a general partnership, a limited partnership, a limited partnership association, a limited liability partnership, and a limited liability company.
(J) A candidate shall have only one campaign committee at
any
given time for all of the offices for which the person is a
candidate or holds office.
(K)(1) In addition to filing a designation of appointment
of
a treasurer under division
(D)(1) of this section, the campaign
committee of any candidate
for an elected municipal office that
pays an annual amount of
compensation of five thousand dollars or
less, the campaign
committee of any candidate for member of a
board of education
except member of the state board of education,
or the campaign
committee of any candidate for township trustee or
township
fiscal officer may sign, under penalty of election falsification,
a
certificate attesting that the committee will not accept
contributions during an election period that exceed in the
aggregate two thousand dollars from all contributors and one
hundred dollars from any one individual, and that the campaign
committee will not make expenditures during an election period
that exceed in the aggregate two thousand dollars.
The certificate shall be on a form prescribed by the
secretary of state and shall be filed not later than ten days
after the candidate files a declaration of candidacy and
petition,
a nominating petition, or a declaration of intent to
be a write-in
candidate.
(2) Except as otherwise provided in division (K)(3) of
this
section, a campaign committee that files a certificate
under
division (K)(1) of this section is not required to file the
statements
required by division (A) of this section.
(3) If, after filing a certificate under division (K)(1)
of
this section, a campaign committee exceeds any of the
limitations
described in that division during an election
period, the
certificate is void and thereafter the campaign
committee shall
file the statements required by
division (A) of this section. If the
campaign committee has not previously
filed a statement, then on
the first statement the campaign
committee is required to file
under division (A) of this section
after
the committee's certificate is
void, the committee shall report all
contributions received and
expenditures made from the time the
candidate filed the
candidate's declaration of candidacy and
petition, nominating
petition, or declaration of intent to be a
write-in candidate.
(4) As used in division (K) of this section, "election
period" means the period of time beginning on the day a person
files a declaration of candidacy and petition, nominating
petition, or declaration of intent to be a write-in candidate
through the day of the election at which the person seeks
nomination to office if the person is not elected to office, or,
if the
candidate was nominated in a primary election,
the day of
the election at which the candidate seeks office.
(L) A political contributing entity that receives contributions from the dues, membership fees, or other assessments of its members or from its officers, shareholders, and employees may report the aggregate amount of contributions received from those contributors and the number of individuals making those contributions, for each filing period under divisions (A)(1), (2), (3), and (4) of this section, rather than reporting information as required under division (B)(4) of this section, including, when applicable, the name of the current employer, if any, of a contributor whose contribution exceeds one hundred dollars or, if such a contributor is self-employed, the contributor's occupation and the name of the contributor's business, if any. Division (B)(4) of this section applies to a political contributing entity with regard to contributions it receives from all other contributors.
Sec. 3517.106. (A) As used in this section:
(1) "Statewide office" means any of the offices of
governor,
lieutenant governor, secretary of state, auditor of
state,
treasurer of state, attorney general, chief justice of
the supreme
court, and justice of the supreme court.
(2) "Addendum to a statement" includes an amendment or other
correction to
that statement.
(B)(1) The secretary of state
shall store on computer the
information contained in statements
of contributions and
expenditures and monthly statements required
to be filed under
section 3517.10 of the Revised
Code and in statements of
independent expenditures required to be filed
under section
3517.105 of the Revised Code
by any of the following:
(a) The campaign committees of candidates for statewide
office;
(b) The political action committees and political contributing entities described in
division (A)(1) of section
3517.11 of the
Revised
Code;
(c) Legislative campaign funds;
(d) State political parties;
(e) Individuals, partnerships, corporations, labor
organizations, or other
entities that make
independent
expenditures in support of or opposition to a
statewide candidate
or a statewide ballot issue or
question;
(f) The campaign committees of candidates for the office of
member
of the
general assembly;
(g) County political parties, with respect to their state candidate funds.
(2) The secretary of state shall store on computer the information contained in disclosure of electioneering communications statements required to be filed under section 3517.1011 of the Revised Code.
(3) The secretary of state shall store on computer the information contained in deposit and disbursement statements required to be filed with the office of the secretary of state under section 3517.1012 of the Revised Code.
(4) The secretary of state shall store on computer the gift and disbursement information contained in statements required to be filed with the office of the secretary of state under section 3517.1013 of the Revised Code.
(C)(1) The secretary of state shall make
available to the
campaign committees, political action
committees, political contributing entities, legislative
campaign funds, political
parties, individuals,
partnerships, corporations, labor
organizations, and other entities
described in division (B) of
this section, and to
members of the news
media and other
interested persons, for a reasonable fee,
computer programs that
are compatible with the secretary of state's
method of storing the
information contained in the statements.
(2) The secretary of state shall make the information
required to be stored under division (B) of this section
available
on computer at the secretary of state's office so
that, to the
maximum extent feasible, individuals may obtain at
the secretary
of state's office any part or all of that information for
any
given year, subject to the limitation expressed in division
(D) of
this
section.
(D) The secretary of state shall keep the information
stored
on computer
under division (B) of this section for at least six
years.
(E)(1) Subject to division (L) of this section and subject to the secretary of state having implemented,
tested, and verified the successful operation of any system the
secretary of
state prescribes pursuant to division (H)(1) of this
section and
divisions (C)(6)(b) and (D)(6) of section
3517.10
of
the Revised Code for the filing of campaign finance statements by
electronic means of
transmission,
the campaign
committee of each candidate for statewide office may
file the
statements prescribed by section 3517.10 of the
Revised
Code by electronic means of
transmission or, if the total amount
of the contributions received
or the total amount of the
expenditures made by the campaign
committee for the applicable
reporting period as specified in
division (A) of section 3517.10
of the Revised Code exceeds ten thousand
dollars, shall file those
statements by electronic means of transmission.
Except as otherwise provided in this division,
within five
business days after a statement filed by a campaign committee of a
candidate for statewide office is received by the secretary of
state by
electronic or other means of transmission, the secretary
of state shall make
available online to the public
through the
internet, as provided in division (I) of this section,
the
contribution and expenditure information in that statement.
The
secretary
of state shall not make available online to the public
through the
internet any contribution or expenditure information
contained in a
statement for any candidate until the secretary of
state is able to make
available online to the public through the
internet the
contribution and expenditure information for all
candidates for a
particular office, or until the applicable filing deadline for that statement has passed, whichever is sooner. As soon as the secretary of
state has
available all of the contribution and expenditure information for all candidates for a particular office, or as soon as the applicable filing deadline for a statement has passed, whichever is sooner, the secretary of
state shall
simultaneously make available online to the public
through the
internet the information for all candidates for that
office.
If a statement filed by electronic means of transmission
is
found to be incomplete or inaccurate after the
examination of the
statement for completeness and accuracy
pursuant to division
(B)(3)(a) of
section 3517.11 of the Revised
Code, the campaign
committee
shall file by electronic means of transmission any
addendum to the statement
that provides the
information necessary
to complete or correct the statement
or, if required by the
secretary of state under that division, an amended
statement.
Within five business days after the secretary of state
receives from a
campaign committee of a candidate for statewide
office an addendum to the
statement or an amended statement by
electronic or other means of transmission
under this division
or
division (B)(3)(a)
of section 3517.11 of the Revised Code, the
secretary of state shall make the contribution
and expenditure
information
in the addendum or amended statement available online
to the public
through the internet as provided in division (I) of
this section.
(2) Subject
to the
secretary of state having implemented, tested, and verified
the successful
operation of any system the secretary of state
prescribes pursuant to division
(H)(1) of this section and
divisions (C)(6)(b)
and (D)(6) of section 3517.10 of the Revised
Code for the filing
of campaign finance statements by electronic
means of transmission,
a
political
action committee and a political contributing entity described in
division
(B)(1)(b) of this section,
a legislative campaign fund, and
a state political party may file
the statements prescribed by
section 3517.10 of the
Revised
Code by electronic means of
transmission or, if the total amount of the contributions received or the total amount of the expenditures made by the political action committee, political contributing entity, legislative campaign fund, or state political party for the applicable reporting period as specified in division (A) of section 3517.10 of the Revised Code exceeds ten thousand dollars, shall file those statements by electronic means of transmission.
Within five business days after
a statement filed by a
political action committee or a political contributing entity
described in division
(B)(1)(b) of this section, a legislative
campaign fund, or a state
political party is received by the
secretary of state by electronic or other
means of transmission,
the secretary of state shall make available online to
the public
through the internet, as provided in division (I) of this section,
the contribution and expenditure information in that statement.
If a statement filed by electronic means of transmission is
found to be
incomplete or inaccurate after the examination of the
statement
for completeness and accuracy pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised
Code, the political
action
committee, political contributing entity, legislative
campaign
fund, or state political party shall file by electronic
means of transmission
any addendum to the
statement that provides
the information necessary to complete or
correct the statement or,
if required by the secretary of state under that
division, an
amended statement.
Within five business days after the secretary of state
receives from a
political action committee or a political contributing entity described in division (B)(1)(b) of this section,
a
legislative campaign fund, or a state political party an
addendum to the statement or an amended statement by electronic or
other means
of transmission under this
division or division
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of
state shall make the contribution and expenditure information in
the addendum
or amended statement
available online to the public
through the internet as provided in division (I) of this section.
(3) Subject to the secretary of state having implemented,
tested, and
verified the successful operation of any system the
secretary of state
prescribes pursuant to division (H)(1) of this
section and divisions
(C)(6)(b) and (D)(6) of section 3517.10 of
the Revised Code
for the filing of campaign finance statements by
electronic means of
transmission,
a county political party
shall file the
statements prescribed by section 3517.10 of the
Revised
Code with respect to its state candidate fund by
electronic means of
transmission to the office of the secretary of state.
Within five business days after a statement filed by a
county
political party with respect to its state candidate fund is received by the
secretary of state by electronic
means of transmission,
the secretary of state shall make available online to
the public
through the internet, as provided in division (I) of this section,
the contribution and expenditure information in
that statement.
If a statement
is
found to be incomplete or inaccurate after the
examination of the
statement for completeness and accuracy
pursuant to division
(B)(3)(a) of
section 3517.11 of the Revised
Code, a county political party shall file by electronic
means of transmission
any addendum to the
statement that provides
the information necessary to complete or
correct the statement or,
if required by the secretary of state under that
division, an
amended statement.
Within five business days after the secretary of state
receives from a
county political party an
addendum to the statement or an amended statement by electronic means
of transmission under this
division or division
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of
state
shall make the contribution and expenditure information in
the addendum or
amended statement available
online to the public
through the
internet as provided in division (I) of this section.
(F)(1) Subject to division (L) of this section and
subject to the secretary of
state having implemented, tested, and
verified the successful operation of any
system the secretary of
state prescribes pursuant to division (H)(1)
of this section and
divisions (C)(6)(b) and
(D)(6) of section 3517.10 of the Revised
Code for the filing of campaign
finance statements by electronic
means of transmission,
a campaign committee of a
candidate for the office of member
of the general assembly or a campaign committee of a candidate for the office of judge of a court of appeals may
file the statements prescribed by
section 3517.10 of the
Revised
Code in accordance with division (A)(2) of section 3517.11 of the Revised Code or by electronic means of
transmission to the office of the secretary of state or, if the total amount of the contributions received by the campaign committee for the applicable reporting period as specified in division (A) of section 3517.10 of the Revised Code exceeds ten thousand dollars, shall file those statements by electronic means of transmission to the office of the secretary of state.
Except as otherwise provided in this division, within five
business days
after a statement filed by a campaign committee of a
candidate for the office
of member of the general assembly or a campaign committee of a candidate for the office of judge of a court of appeals is
received by the secretary of state by
electronic or other means of
transmission,
the secretary of state shall make available online
to the public
through the internet, as provided in division (I) of
this section,
the contribution and expenditure information in
that
statement. The secretary
of state shall not make available online
to the public through the
internet any contribution or expenditure
information contained in a
statement for any candidate until the
secretary of state is able to make
available online to the public
through the internet the
contribution and expenditure information
for all candidates for a
particular office, or until the applicable filing deadline for that statement has passed, whichever is sooner. As soon as the
secretary of state has
available all of the contribution and expenditure information for all candidates for a particular office, or as soon as the applicable filing deadline for a statement has passed, whichever is sooner, the
secretary of state shall
simultaneously make available online to
the public through the
internet the information for all candidates
for that
office.
If a statement filed by electronic means of transmission
is found to be
incomplete or inaccurate after the
examination of the statement
for completeness and accuracy
pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised
Code, the campaign committee
shall file by electronic means of
transmission to the office of the secretary
of state
any addendum to the statement
that provides the
information
necessary to complete or correct the statement or, if required by
the secretary of state under that division, an amended statement.
Within five business days after the secretary of state
receives from a
campaign committee of a candidate
for the office
of member of the general assembly or a campaign committee of a candidate for the office of judge of a court of appeals an addendum to the
statement or
an amended statement by electronic or other means of transmission
under this division
or division (B)(3)(a) of section 3517.11 of
the Revised Code, the
secretary of
state shall
make the
contribution and expenditure information in the addendum or
amended
statement available online to
the public through the
internet as provided in division (I) of this
section.
(2) If a statement,
addendum, or amended statement is not
filed by electronic means of
transmission to the office of the secretary of state but
is filed by printed version
only under division (A)(2) of section 3517.11 of the Revised Code with the appropriate board of elections, the campaign committee of a candidate for the office of member of the general assembly or a campaign committee of a candidate for the office of judge of a court of appeals shall
file two copies of the printed
version of the statement, addendum,
or amended statement with the
board of elections. The
board of elections shall send
one of those copies by overnight
delivery service to the secretary
of state before the close of
business on the day the board of
elections receives the statement,
addendum, or amended statement.
(G) Subject to the secretary of state having implemented, tested, and
verified the
successful operation of any system the secretary of
state prescribes pursuant
to division (H)(1) of this section and
divisions
(C)(6)(b) and (D)(6) of section 3517.10 of the Revised
Code
for the filing of campaign finance statements by electronic
means of
transmission,
any
individual, partnership, or
other entity that makes independent
expenditures in support of or
opposition to a statewide candidate
or a statewide ballot issue or
question as provided in division
(B)(2)(b) or
(C)(2)(b) of section
3517.105 of the Revised Code may
file the statement
specified in
that division by electronic means
of transmission or, if the total amount of independent expenditures made during the reporting period under that division exceeds ten thousand dollars, shall file the statement specified in that division by electronic means of transmission.
Within five business days
after a statement filed by an
individual, partnership, or other entity is
received by the
secretary of state by electronic or other means of
transmission,
the secretary of state shall make
available
online to the public
through the internet, as provided in division
(I) of this section,
the expenditure
information in that statement.
If a statement filed by electronic means of transmission is
found to be
incomplete or inaccurate after the
examination of the
statement for completeness and accuracy
pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised
Code, the individual,
partnership, or other entity shall file by electronic means of
transmission any addendum to the statement that provides the
information necessary to complete or correct the statement or, if
required by the secretary of state under that division, an amended
statement.
Within five business days after the secretary of state
receives from an
individual, partnership, or other entity
described in division
(B)(2)(b) or
(C)(2)(b) of section 3517.105
of
the Revised Code an addendum to the statement or an
amended
statement by electronic or other means of transmission under this
division or division (B)(3)(a) of section 3517.11 of
the
Revised
Code, the secretary of
state shall make the expenditure
information in the addendum or amended
statement
available online
to the public through the internet as provided in
division (I) of
this section.
(H)(1) The secretary of
state, by rule adopted pursuant to
section 3517.23 of the
Revised
Code, shall prescribe one or
more
techniques by which a person who executes
and transmits by
electronic means a statement of contributions
and expenditures, a
statement of independent expenditures, a disclosure of electioneering communications statement, a deposit and disbursement statement, or a gift and disbursement statement, an
addendum to any of those statements, an amended statement of contributions and
expenditures,
an amended statement of independent expenditures, an amended disclosure of electioneering communications statement, an amended deposit and disbursement statement, or an amended gift and disbursement statement, under this
section or section
3517.10, 3517.105, 3517.1011, 3517.1012, or 3517.1013 of the Revised
Code shall
electronically sign
the statement, addendum, or amended statement.
Any technique prescribed by
the secretary of state pursuant to
this division shall create an electronic
signature that satisfies
all of the following:
(a) It is unique to the signer.
(b) It objectively identifies the signer.
(c) It involves the use of a signature device or other means
or
method that is under the sole control of the signer and that
cannot be readily
duplicated or compromised.
(d) It is created and linked to the electronic record to
which it
relates in a manner that, if the record or signature is
intentionally or
unintentionally changed after
signing, the
electronic signature is invalidated.
(2) An electronic signature prescribed by the secretary of
state under
division
(H)(1) of this section shall be
attached to
or associated with the statement of contributions
and
expenditures, the statement of independent expenditures,
the disclosure of electioneering communications statement, the deposit and disbursement statement, or the gift and disbursement statement, the
addendum to any of those statements, the amended statement of
contributions
and expenditures, the amended statement of
independent expenditures, the amended disclosure of electioneering communications statement, the amended deposit and disbursement statement, or the amended gift and disbursement statement
that is executed and
transmitted by
electronic means by the person to whom the
electronic signature is
attributed. The electronic signature
that is attached to or
associated with the statement, addendum, or amended
statement
under this division shall be binding on all persons and for all
purposes under the campaign finance reporting law as if the
signature had
been handwritten in ink on a printed form.
(I) The secretary of state shall make the contribution and
expenditure, the contribution and disbursement, the deposit and disbursement, or the gift and disbursement information in all statements, all addenda to the
statements, and
all amended statements that are filed with the
secretary of state by
electronic or other means of transmission
under this section or section
3517.10, 3517.105, 3517.1011, 3517.1012, 3517.1013, or 3517.11 of the
Revised Code available
online to the public by any means that are
searchable, viewable, and
accessible through the internet.
(J)(1) As used in this division,
"library" means a library
that is open to the public and that is
one of the following:
(a) A library that is maintained and regulated under section
715.13 of the Revised Code;
(b) A library that is created, maintained, and regulated
under
Chapter 3375. of the Revised Code.
(2) The secretary of state shall notify all libraries of the
location on the internet at which the contribution and expenditure, contribution and disbursement, deposit and disbursement, or gift and disbursement information
in
campaign finance statements required to be made
available online to the public
through the internet pursuant to
division (I) of this section may
be accessed.
If that location is part of
the world wide web and if the
secretary of state
has notified a library of that world wide web
location as required by this division, the library shall include a
link to that world wide web location on each internet-connected
computer it maintains that is accessible to the public.
(3) If the system the secretary of state prescribes for the
filing of campaign finance statements by electronic means of
transmission
pursuant
to division (H)(1) of this section and
divisions (C)(6)(b) and
(D)(6) of section 3517.10 of the
Revised
Code includes filing those statements
through the internet via the world
wide web, the
secretary of state shall notify all libraries of the
world wide
web location at which those statements may be filed.
If those statements may be
filed
through the internet via the world wide web and if the
secretary of state
has notified a library of that world wide web
location as required
by this division, the library shall include a
link to that world
wide web location on each internet-connected
computer it maintains
that is accessible to the public.
(K) It is an affirmative defense to a complaint or charge
brought against any campaign committee, political action
committee, political contributing entity,
legislative campaign fund, or political party,
any individual, partnership, or other entity, or any person making disbursements to pay the direct costs of producing or airing electioneering communications,
for the failure to file by electronic
means of transmission a
campaign finance
statement as required by this section or section
3517.10, 3517.105, 3517.1011, 3517.1012, or 3517.1013 of the Revised Code that
all of the
following
apply to the campaign committee, political action committee, political contributing entity,
legislative campaign fund, or political party,
the individual, partnership, or other entity, or the person making disbursements to pay the direct costs of producing or airing electioneering communications, that failed to so
file:
(1) The campaign committee, political action committee, political contributing entity,
legislative
campaign fund, or political party, the individual,
partnership, or other entity, or the person making disbursements to pay the direct costs of producing or airing electioneering communications attempted to
file by electronic means of
transmission the required
statement
prior to the deadline set forth in the applicable section.
(2) The campaign committee, political action committee, political contributing entity,
legislative
campaign fund, or political party, the individual,
partnership, or other entity, or the person making disbursements to pay the direct costs of producing or airing electioneering communications was unable to
file by electronic means of
transmission due to an
expected or
unexpected shutdown of the whole or part of the electronic
campaign finance statement-filing system, such as for maintenance
or because
of hardware, software, or network connection failure.
(3) The campaign committee, political action committee, political contributing entity,
legislative
campaign fund, or political party, the individual,
partnership, or other entity, or the person making disbursements to pay the direct costs of producing or airing electioneering communications filed by
electronic means of
transmission the required statement within a
reasonable period of time after
being unable to so file it under
the circumstance described in division
(K)(2) of this section.
(L)(1) The secretary of state shall adopt rules pursuant to Chapter 119. of the Revised Code to permit a campaign committee of a candidate for statewide office that makes expenditures of less than twenty-five thousand dollars during the filing period or a campaign committee for the office of member of the general assembly or the office of judge of a court of appeals that would otherwise be required to file campaign finance statements by electronic means of transmission under division (E) or (F) of this section to file those statements by paper with the office of the secretary of state. Those rules shall provide for all of the following:
(a) An eligible campaign committee that wishes to file a campaign finance statement by paper instead of by electronic means of transmission shall file the statement on paper with the office of the secretary of state not sooner than twenty-four hours after the end of the filing period set forth in section 3517.10 of the Revised Code that is covered by the applicable statement.
(b) The statement shall be accompanied by a fee, the amount of which the secretary of state shall determine by rule. The amount of the fee established under this division shall not exceed the data entry and data verification costs the secretary of state will incur to convert the information on the statement to an electronic format as required under division (I) of this section.
(c) The secretary of state shall arrange for the information in campaign finance statements filed pursuant to division (L) of this section to be made available online to the public through the internet in the same manner, and at the same times, as information is made available under divisions (E), (F), and (I) of this section for candidates whose campaign committees file those statements by electronic means of transmission.
(d) The candidate of an eligible campaign committee that intends to file a campaign finance statement pursuant to division (L) of this section shall file an affidavit a notice indicating that the candidate's campaign committee intends to so file and stating that filing the statement by electronic means of transmission would constitute a hardship for the candidate or for the eligible campaign committee.
(e) An eligible campaign committee that files a campaign finance statement on paper pursuant to division (L) of this section shall review the contribution and information made available online by the secretary of state with respect to that paper filing and shall notify the secretary of state of any errors with respect to that filing that appear in the data made available on that web site.
(f) If an eligible campaign committee whose candidate has filed an affidavit a notice in accordance with rules adopted under division (L)(1)(d) of this section subsequently fails to file that statement on paper by the applicable deadline established in rules adopted under division (L)(1)(a) of this section, penalties for the late filing of the campaign finance statement shall apply to that campaign committee for each day after that paper filing deadline, as if the campaign committee had filed the statement after the applicable deadline set forth in division (A) of section 3517.10 of the Revised Code.
(2) The process for permitting campaign committees that would otherwise be required to file campaign finance statements by electronic means of transmission to file those statements on paper with the office of the secretary of state that is required to be developed under division (L)(1) of this section shall be in effect and available for use by eligible campaign committees for all campaign finance statements that are required to be filed on or after June 30, 2005. Notwithstanding any provision of the Revised Code to the contrary, if the process the secretary of state is required to develop under division (L)(1) of this section is not in effect and available for use on and after June 30, 2005, all penalties for the failure of campaign committees to file campaign finance statements by electronic means of transmission shall be suspended until such time as that process is in effect and available for use.
(3) Notwithstanding any provision of the Revised Code to the contrary, any eligible campaign committee that files campaign finance statements on paper with the office of the secretary of state pursuant to division (L)(1) of this section shall be deemed to have filed those campaign finance statements by electronic means of transmission to the office of the secretary of state.
Sec. 3517.1011. (A) As used in this section:
(1) "Address" has the same meaning as in section 3517.10 of the Revised Code.
(2) "Broadcast, cable, or satellite communication" means a communication that is publicly distributed by a television station, radio station, cable television system, or satellite system.
(3) "Candidate" has the same meaning as in section 3501.01 of the Revised Code;
(4) "Contribution" means any loan, gift, deposit, forgiveness of indebtedness, donation, advance, payment, or transfer of funds or of anything of value, including a transfer of funds from an inter vivos or testamentary trust or decedent's estate, and the payment by any person other than the person to whom the services are rendered for the personal services of another person, that is made, received, or used to pay the direct costs of producing or airing electioneering communications.
(4)(5)(a) "Coordinated electioneering communication" means any electioneering communication that is made pursuant to any arrangement, coordination, or direction by a candidate or a candidate's campaign committee, by an officer, agent, employee, or consultant of a candidate or a candidate's campaign committee, or by a former officer, former agent, former employee, or former consultant of a candidate or a candidate's campaign committee prior to the airing, broadcasting, or cablecasting of the communication. An electioneering communication is presumed to be a "coordinated electioneering communication" when it is either of the following:
(i) Based on information about a candidate's plans, projects, or needs provided to the person making the disbursement by the candidate or the candidate's campaign committee, by an officer, agent, employee, or consultant of the candidate or the candidate's campaign committee, or by a former officer, former agent, former employee, or former consultant of the candidate or the candidate's campaign committee, with a view toward having the communication made;
(ii) Made by or through any person who is, or has been, authorized to raise or expend funds on behalf of a candidate or the candidate's campaign committee, who is, or has been, an officer, agent, employee, or consultant of the candidate or of the candidate's campaign committee, or who is, or has been, receiving any form of compensation or reimbursement from the candidate or the candidate's campaign committee or from an officer, agent, employee, or consultant of the candidate or of the candidate's campaign committee.
(b) An electioneering communication shall not be presumed to be a "coordinated electioneering communication" under division (A)(4)(5)(a)(ii) of this section if the communication is made through any person who provides a service that does not affect the content of the communication, such as communications placed through the efforts of a media buyer, unless that person also affects the content of the communication.
(5)(6) "Disclosure date" means both of the following:
(a) The first date during any calendar year by which a person makes disbursements for the direct costs of producing or airing electioneering communications aggregating in excess of ten thousand dollars;
(b) The same day of the week of each remaining week in the same calendar year as the day of the week of the initial disclosure date established under division (A)(5)(6)(a) of this section, if, during that remaining week, the person makes disbursements for the direct costs of producing or airing electioneering communications aggregating in excess of one dollar.
(6)(7)(a) "Electioneering communication" means any broadcast, cable, or satellite communication that refers to a clearly identified candidate and that is made during either of the following periods of time:
(i) If the person becomes a candidate before the day of the primary election at which candidates will be nominated for election to that office, between the date that the person becomes a candidate and the thirtieth day prior to that primary election, and between the date of the primary election and the thirtieth day prior to the general election at which a candidate will be elected to that office;
(ii) If the person becomes a candidate after the day of the primary election at which candidates were nominated for election to that office, between the date of the primary election and the thirtieth day prior to the general election at which a candidate will be elected to that office.
(b) "Electioneering communication" does not include any of the following:
(i) A communication that is publicly disseminated through a means of communication other than a broadcast, cable, or satellite television or radio station. For example, "electioneering communication" does not include communications appearing in print media, including a newspaper or magazine, handbill, brochure, bumper sticker, yard sign, poster, billboard, and other written materials, including mailings; communications over the internet, including electronic mail; or telephone communications.
(ii) A communication that appears in a news story, commentary, public service announcement, bona fide news programming, or editorial distributed through the facilities of any broadcast, cable, or satellite television or radio station, unless those facilities are owned or controlled by any political party, political committee, or candidate;
(iii) A communication that constitutes an expenditure or an independent expenditure under section 3517.01 of the Revised Code;
(iv) A communication that constitutes a candidate debate or forum or that solely promotes a candidate debate or forum and is made by or on behalf of the person sponsoring the debate or forum.
(7)(8) "Filing date" has the same meaning as in section 3517.109 of the Revised Code.
(8)(9) "Immigration and Nationality Act" means the Immigration and Nationality Act, 110 Stat. 309 (1996), 8 U.S.C. 1101 et seq., as amended.
(9)(10) "Person" has the same meaning as in section 1.59 of the Revised Code and includes any political organization considered exempt from income taxation under section 527 of the Internal Revenue Code.
(10)(11) "Political committee" means any of the following:
(a) Any committee, club, association, or other group of persons that receives contributions aggregating in excess of one thousand dollars during a calendar year or that makes expenditures aggregating in excess of one thousand dollars during a calendar year;
(b) Any separate segregated fund;
(c) Any state, county, or local committee of a political party that does any of the following:
(i) Receives contributions aggregating in excess of five thousand dollars during a calendar year;
(ii) Makes payments that do not constitute contributions or expenditures aggregating in excess of five thousand dollars during a calendar year;
(iii) Makes contributions or expenditures aggregating in excess of one thousand dollars during a calendar year.
(11)(12) "Publicly distributed" means aired, broadcast, cablecast, or otherwise disseminated for a fee.
(12)(13) "Refers to a clearly identified candidate" means that the candidate's name, nickname, photograph, or drawing appears, or the identity of the candidate is otherwise apparent through an unambiguous reference to the person such as "the chief justice," "the governor," "member of the Ohio senate," "member of the Ohio house of representatives," "county auditor," "mayor," or "township trustee" or through an unambiguous reference to the person's status as a candidate.
(B) For the purposes of this section, a person shall be considered to have made a disbursement if the person has entered into a contract to make the disbursement.
(C) Any person intending to make a disbursement or disbursements for the direct costs of producing or airing electioneering communications, prior to making the first disbursement for the direct costs of producing or airing an electioneering communication, shall file a notice with the office of the secretary of state that the person is intending to make such disbursements.
(D)(1) Every person that makes a disbursement or disbursements for the direct costs of producing and airing electioneering communications aggregating in excess of ten thousand dollars during any calendar year shall file, within twenty-four hours of each disclosure date, a disclosure of electioneering communications statement containing the following information:
(a) The full name and address of the person making the disbursement, of any person sharing or exercising direction or control over the activities of the person making the disbursement, and of the custodian of the books and accounts of the person making the disbursement;
(b) The principal place of business of the person making the disbursement, if not an individual;
(c) The amount of each disbursement of more than one dollar during the period covered by the statement and the identity of the person to whom the disbursement was made;
(d) The nominations or elections to which the electioneering communications pertain and the names, if known, of the candidates identified or to be identified;
(e) If the disbursements were paid out of a segregated bank account that consists of funds contributed solely by individuals who are United States citizens or nationals or lawfully admitted for permanent residence as defined in section 101(a)(20) of the Immigration and Nationality Act directly to the account for electioneering communications, the information specified in division (D)(2) of this section for all contributors who contributed an aggregate amount of two hundred dollars or more to the segregated bank account and whose contributions were used for making the disbursement or disbursements required to be reported under division (D) of this section during the period covered by the statement. Nothing in this division prohibits or shall be construed to prohibit the use of funds in such a segregated bank account for a purpose other than electioneering communications.
(f) If the disbursements were paid out of funds not described in division (D)(1)(e) of this section, the information specified in division (D)(2) of this section for all contributors who contributed an aggregate amount of two hundred dollars or more to the person making the disbursement and whose contributions were used for making the disbursement or disbursements required to be reported under division (D) of this section during the period covered by the statement.
(2) For each contributor for which information is required to be reported under division (D)(1)(e) or (f) of this section, all of the following shall be reported:
(a) The month, day, and year that the contributor made the contribution or contributions aggregating two hundred dollars or more;
(b)(i) The full name and address of the contributor, and, if the contributor is a political action committee, the registration number assigned to the political action committee under division (D)(1) of section 3517.10 of the Revised Code;
(ii) If the contributor is an individual, the name of the individual's current employer, if any, or, if the individual is self-employed, the individual's occupation and the name of the individual's business, if any;
(iii) If the contribution is transmitted pursuant to section 3599.031 of the Revised Code from amounts deducted from the wages and salaries of two or more employees that exceed in the aggregate one hundred dollars during the period specified in division (D)(1)(e) or (f) of this section, as applicable, the full name of the employees' employer and the full name of the labor organization of which the employees are members, if any.
(c) A description of the contribution, if other than money;
(d) The value in dollars and cents of the contribution.
(3) Subject to the secretary of state having implemented, tested, and verified the successful operation of any system the secretary of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of section 3517.10 and division (H)(1) of section 3517.106 of the Revised Code for the filing of campaign finance statements by electronic means of transmission, a person shall file the disclosure of electioneering communications statement prescribed under divisions (D)(1) and (2) of this section by electronic means of transmission to the office of the secretary of state.
Within five business days after the secretary of state receives a disclosure of electioneering communications statement under this division, the secretary of state shall make available online to the public through the internet, as provided in division (I) of section 3517.106 of the Revised Code, the contribution and disbursement information in that statement.
If a filed disclosure of electioneering communications statement is found to be incomplete or inaccurate after its examination for completeness and accuracy pursuant to division (B)(3)(a) of section 3517.11 of the Revised Code, the person shall file by electronic means of transmission to the office of the secretary of state any addendum, amendment, or other correction to the statement that provides the information necessary to complete or correct the statement or, if required by the secretary of state under that division, an amended statement.
Within five business days after the secretary of state receives an addendum, amendment, or other correction to a disclosure of electioneering communications statement or an amended statement by electronic means of transmission under this division or division (B)(3)(a) of section 3517.11 of the Revised Code, the secretary of state shall make the contribution and disbursement information in the addendum, amendment, or other correction to the statement or amended statement available online to the public through the internet as provided in division (I) of section 3517.106 of the Revised Code.
(E)(1) Any person who makes a contribution for the purpose of funding the direct costs of producing or airing an electioneering communication under this section shall provide the person's full name and address to the recipient of the contribution at the time the contribution is made.
(2) Any individual who makes a contribution or contributions aggregating two hundred dollars or more for the purpose of funding the direct costs of producing or airing an electioneering communication under this section shall provide the name of the individual's current employer, if any, or, if the individual is self-employed, the individual's occupation and the name of the individual's business, if any, to the recipient of the contribution at the time the contribution is made.
(F) In each electioneering communication, a statement shall appear or be presented in a clear and conspicuous manner that does both of the following:
(1) Clearly indicates that the electioneering communication is not authorized by the candidate or the candidate's campaign committee;
(2) Clearly identifies the person making the disbursement for the electioneering communication in accordance with section 3517.20 of the Revised Code.
(G) Any coordinated electioneering communication is an in-kind contribution, subject to the applicable contribution limits prescribed in section 3517.102 of the Revised Code, to the candidate by the person making disbursements to pay the direct costs of producing or airing the communication.
(H) No person shall make, during the thirty days preceding a primary election or during the thirty days preceding a general election, any broadcast, cable, or satellite communication that refers to a clearly identified candidate using any contributions received from a corporation or labor organization.
Sec. 3517.12. (A) Prior to receiving a contribution or making an expenditure, the circulator or committee in charge of an initiative or referendum petition, or supplementary petition for additional signatures, for the submission of a constitutional amendment, proposed law, section, or item of any law shall appoint a treasurer and shall file with the secretary of state, on a form prescribed by the secretary of state, a designation of that appointment, including the full name and address of the treasurer and of the circulator or committee.
(B) The circulator or the committee in charge of
an initiative or referendum petition, or supplementary petition
for additional signatures, for the submission of a constitutional
amendment, proposed law, section, or item of any law shall,
within thirty days after such those petition papers are filed, file
with the secretary of state, on a form prescribed by the
secretary of state, an itemized statement, made under penalty of
election falsification, showing in detail the following:
(A)(1) All money or things of value paid, given, or promised, or received
for circulating such the petitions;
(B)(2) All appointments, promotions, or increases in salary,
in positions which were given or, promised, or received, or to obtain which
assistance was given or, promised, or received as a consideration for work done
in circulating petitions;
(C)(3) Full names and addresses, including street, city, and
state, of all persons to whom such payments or promises were
made and of all persons from whom such payments or promises were received;
(D)(4) Full names and addresses, including street, city, and
state, of all persons who contributed anything of value to be
used in circulating such the petitions, and the amounts of those contributions;
(E)(5) Time spent and salaries earned while soliciting
signatures to petitions by persons who were regular salaried
employees of some person or whom said that employer authorized to
solicit as part of their regular duties.
If no money or things of value were paid or received or if no promises
were made or received as a consideration for work done in
circulating such a petition, the statement shall contain words to
that effect.
(C) The treasurer designated under division (A) of this section shall file statements of contributions and expenditures in accordance with section 3517.10 of the Revised Code regarding all contributions made or received and all expenditures made by that treasurer or the circulator or committee in connection with the initiative or referendum petition, or supplementary petition for additional signatures, for the submission of a constitutional amendment, proposed law, section, or item of any law.
Sec. 3517.13. (A)(1) No campaign committee of a statewide
candidate
shall fail to file a
complete
and accurate statement required under division (A)(1) of section
3517.10 of
the Revised Code.
(2) No campaign committee of a statewide candidate
shall
fail to file a complete and accurate monthly statement, and no
campaign
committee
of a statewide candidate or a candidate for the
office of chief
justice or justice of the supreme court shall fail
to file a
complete and accurate two-business-day statement, as
required under
section 3517.10 of
the Revised Code.
As used in this division,
"statewide candidate" has the same
meaning as in division (F)(2) of
section 3517.10 of the Revised
Code.
(B) No campaign committee shall fail to file a complete and accurate
statement
required under
division (A)(1) of section 3517.10 of the
Revised Code.
(C) No campaign committee shall fail to file a
complete and
accurate statement
required under division (A)(2) of section
3517.10 of the Revised
Code.
(D) No campaign committee shall fail to file a complete and
accurate
statement
required under division (A)(3) or (4) of section
3517.10 of the Revised
Code.
(E) No person other than a campaign committee shall
knowingly fail to file a statement required under section 3517.10
or
3517.107 of the Revised Code.
(F) No person shall make cash contributions to any person
totaling more than one hundred dollars in each primary, special,
or general election.
(G)(1) No person shall knowingly conceal or
misrepresent
contributions given or received, expenditures
made, or any other
information required
to be reported by a provision in sections
3517.08 to 3517.13 and
3517.17 of the Revised Code.
(2)(a) No person shall make a contribution to a
campaign
committee, political action committee, political contributing entity, legislative
campaign fund,
political party, or person making disbursements to pay the direct costs of producing or airing electioneering communications in the name of
another person.
(b) A person does not make a contribution in the name of
another when either
of the following applies:
(i) An individual makes a contribution from a partnership or other
unincorporated
business account, if the contribution is reported
by listing both the name of
the partnership or other unincorporated
business and the name of the partner or
owner making the
contribution as required under division (I) of section 3517.10 of the Revised Code.
(ii) A person makes a contribution in that person's spouse's
name or in both
of their names.
(H) No person within this state, publishing a newspaper or
other periodical, shall charge a campaign committee for political
advertising a rate in excess of the rate such person would charge
if the campaign committee were a general rate advertiser whose
advertising was directed to promoting its business within the
same
area as that encompassed by the particular office
that the
candidate of the campaign committee is seeking. The rate shall
take into account the amount of space used, as well as the type
of
advertising copy submitted by or on behalf of the campaign
committee. All discount privileges otherwise offered by a
newspaper or periodical to general rate advertisers shall be
available upon equal terms to all campaign committees.
No person within this state, operating a radio or
television
station or network of stations in this state, shall
charge a
campaign committee for political broadcasts a rate
that
exceeds:
(1) During the forty-five days preceding the date of a
primary election and during the sixty days preceding the date of
a
general or special election in which the candidate of the
campaign
committee is seeking office, the lowest unit charge of
the station
for the same class and amount of time for the same
period;
(2) At any other time, the charges made for comparable use
of that station by its other users.
(I) Subject to divisions (K), (L), (M), and (N) of this
section, no agency or department of this state or any political
subdivision shall award any contract, other than one let by
competitive bidding or a contract incidental to such contract or
which is by force account, for the purchase of goods costing more
than five hundred dollars or services costing more than five
hundred dollars to any individual, partnership, association,
including, without limitation, a professional association
organized under Chapter 1785. of the Revised Code, estate, or
trust if the individual has made or the individual's spouse
has
made, or any
partner, shareholder, administrator, executor, or
trustee or the
spouse of any of them
has
made, as an individual,
within the two
previous calendar years, one or more contributions
totaling in
excess of one thousand dollars to the holder of the
public office
having ultimate responsibility for the award of the
contract or
to the public officer's campaign committee.
(J) Subject to divisions (K), (L), (M), and (N) of this
section, no agency or department of this state or any political
subdivision shall award any contract, other than one let by
competitive bidding or a contract incidental to such contract or
which is by force account, for the purchase of goods costing more
than five hundred dollars or services costing more than five
hundred dollars to a corporation or business trust, except a
professional association organized under Chapter 1785. of the
Revised Code, if an owner of more than twenty per cent of the
corporation or business trust or the spouse of that person has
made, as an individual, within the two previous calendar years,
taking into consideration only owners for all of that period, one
or more contributions totaling in excess of one thousand dollars
to the holder of a public office having ultimate responsibility
for the award of the contract or to the public officer's campaign
committee.
(K) For purposes of divisions (I) and (J) of this section,
if a public officer who is responsible for the award of a
contract
is appointed by the governor, whether or not the
appointment is
subject to the advice and consent of the senate,
excluding members
of boards, commissions, committees,
authorities, councils, boards
of trustees, task forces, and other
such entities appointed by the
governor, the office of the
governor is considered to have
ultimate responsibility for the
award of the contract.
(L) For purposes of divisions (I) and (J) of this section,
if a public officer who is responsible for the award of a
contract
is appointed by the elected chief executive officer of a
municipal
corporation, or appointed by the elected chief
executive officer
of a county operating under an alternative form
of county
government or county charter, excluding members of
boards,
commissions, committees, authorities, councils, boards of
trustees, task forces, and other such entities appointed by the
chief executive officer, the office of the chief executive
officer
is considered to have ultimate responsibility for the
award of the
contract.
(M)(1) Divisions (I) and (J) of this section do not apply
to
contracts awarded by the board of commissioners of the sinking
fund, municipal legislative authorities, boards of education,
boards of county commissioners, boards of township trustees, or
other boards, commissions, committees, authorities, councils,
boards of trustees, task forces, and other such entities created
by law, by the supreme court or courts of appeals, by county
courts consisting of more than one judge, courts of common pleas
consisting of more than one judge, or municipal courts consisting
of more than one judge, or by a division of any court if the
division consists of more than one judge. This division shall apply to the specified entity only if the
members of
the entity act collectively in the award of a contract
for goods
or services.
(2) Divisions (I) and (J) of this section do not apply to
actions of the controlling board.
(N)(1) Divisions (I) and (J) of this section apply to
contributions made to the holder of a public office having
ultimate responsibility for the award of a contract, or to
the
public officer's
campaign committee, during the time
the person
holds the office
and during any time such person was a candidate
for the office.
Those divisions do not apply to contributions
made to, or to the
campaign committee of, a candidate for or
holder of the office
other than the holder of the office at the
time of the award of
the contract.
(2) Divisions (I) and (J) of this section do not apply to
contributions of a partner, shareholder, administrator, executor,
trustee, or owner of more than twenty per cent of a corporation
or
business trust made before the person held any of those
positions
or after the person ceased to hold any of those
positions in the
partnership, association, estate, trust,
corporation, or business
trust whose eligibility to be awarded a
contract is being
determined, nor to contributions of the
person's spouse made
before the person held any of those
positions, after the person
ceased to hold any of those
positions, before the two were
married, after the granting of
a decree of divorce, dissolution
of marriage, or annulment, or after the
granting of an order in an action
brought solely for legal
separation. Those divisions do not apply
to contributions of the
spouse of an individual whose eligibility
to be awarded a
contract is being determined made before the two
were married,
after the granting of a decree of divorce,
dissolution of
marriage, or annulment, or after the granting of an order
in an action
brought solely for legal separation.
(O) No beneficiary of a campaign fund or other person shall
convert
for personal use, and no person shall
knowingly give to a
beneficiary of a campaign fund or any other person,
for the
beneficiary's or any other person's personal use,
anything of
value from
the beneficiary's campaign fund, including, without
limitation,
payments to a beneficiary for services the beneficiary
personally
performs, except as reimbursement for any of the
following:
(1) Legitimate and verifiable prior campaign expenses
incurred by the beneficiary;
(2) Legitimate and verifiable ordinary and necessary
prior
expenses incurred by the beneficiary in connection with
duties as
the holder of a public office, including, without
limitation,
expenses incurred through participation in
nonpartisan or
bipartisan events if the participation of the
holder of a public
office would normally be expected;
(3) Legitimate and verifiable ordinary and necessary prior
expenses incurred by the beneficiary while doing any of the following:
(a) Engaging in activities in support of or opposition to a
candidate other than the beneficiary, political party, or ballot
issue;
(b) Raising funds for a political party, political action
committee, political contributing entity, legislative campaign
fund, campaign committee,
or other candidate;
(c) Participating in the activities of a political party,
political action committee, political contributing entity,
legislative campaign fund, or
campaign committee;
(d) Attending a political party convention or other
political meeting.
For purposes of this division, an expense is incurred
whenever a beneficiary has either made payment or is obligated to
make payment, as by the use of a credit card or other credit
procedure or by the use of goods or services received on account.
(P) No beneficiary of a campaign fund shall knowingly
accept, and no person shall knowingly give to the beneficiary of
a
campaign fund, reimbursement for an expense under division (O)
of
this section to the extent that the expense previously was
reimbursed or paid from another source of funds. If an expense
is
reimbursed under division (O) of this section and is later
paid or
reimbursed, wholly or in part, from another source of
funds, the
beneficiary shall repay the reimbursement received
under division
(O) of this section to the extent of the payment
made or
reimbursement received from the other source.
(Q) No candidate or public official or employee shall
accept
for personal or business use anything of value from a
political
party, political action committee, political contributing entity,
legislative campaign fund, or
campaign
committee other than the
candidate's or public
official's or
employee's own campaign
committee, and no person shall knowingly
give to a candidate or
public official or employee anything of
value from a political
party, political action committee, political contributing entity,
legislative campaign fund, or
such
a campaign committee, except
for the following:
(1) Reimbursement for legitimate and verifiable ordinary
and necessary prior expenses not otherwise prohibited by law
incurred by the candidate or public official or employee while
engaged in any legitimate activity of the political party,
political action committee, political contributing entity,
legislative campaign fund, or
such campaign committee. Without
limitation, reimbursable expenses under this division include
those incurred while doing any of the following:
(a) Engaging in activities in support of or opposition to
another candidate, political party, or ballot issue;
(b) Raising funds for a political party, legislative
campaign fund, campaign
committee, or another candidate;
(c) Attending a political party convention or other
political meeting.
(2) Compensation not otherwise prohibited by law for
actual
and valuable personal services rendered under a written
contract
to the political party, political action committee, political contributing entity,
legislative campaign fund, or such campaign
committee for
any legitimate activity of the
political party,
political action committee, political contributing entity,
legislative campaign fund, or
such campaign
committee.
Reimbursable expenses under this division do not include,
and
it is a violation of this division for a candidate or public
official or employee to accept, or for any person to knowingly
give to a candidate or public official or employee from a
political party, political action committee, political contributing entity,
legislative campaign fund, or campaign
committee other than the candidate's or public
official's or
employee's own campaign committee, anything of value for
activities primarily related to the candidate's or public
official's or employee's own campaign for election,
except for
contributions to the candidate's or public official's
or
employee's
campaign committee.
For purposes of this division, an expense is incurred
whenever a candidate or public official or employee has either
made payment or is obligated to make payment, as by the use of a
credit card or other credit procedure, or by the use of goods or
services on account.
(R)(1) Division (O) or (P) of this section does not
prohibit
a campaign committee from making direct advance or post
payment
from contributions to vendors for goods and services for
which
reimbursement is permitted under division (O) of this
section,
except that no campaign committee shall pay its
candidate or other
beneficiary for services personally performed
by the candidate or
other beneficiary.
(2) If any expense that may be reimbursed under division
(O), (P), or (Q) of
this section is part of other expenses that
may not be paid or reimbursed, the separation of the two types of
expenses for the purpose of allocating for payment or
reimbursement those expenses that may be paid or reimbursed may
be
by any reasonable accounting method, considering all of the
surrounding circumstances.
(3) For purposes of divisions (O), (P), and (Q) of this
section, mileage allowance at a rate not greater than that
allowed
by the internal revenue service at the time the travel
occurs may
be paid instead of reimbursement for actual travel
expenses
allowable.
(S)(1) As used in division (S) of this section:
(a)
"State elective office" has the same meaning as in
section
3517.092 of the Revised Code.
(b)
"Federal office" means a federal office as defined in
the
Federal Election Campaign Act.
(c)
"Federal campaign committee" means a principal campaign
committee
or authorized committee as defined in the Federal
Election
Campaign Act.
(2) No person who is a candidate for state elective office
and
who
previously sought nomination or election to a federal
office shall transfer
any
funds or assets from that person's
federal campaign committee for nomination
or election
to the
federal office to that person's campaign committee as a candidate
for
state
elective office.
(3) No campaign committee of a person who is a candidate for
state
elective office and who previously sought nomination or
election to a federal
office shall accept any funds or assets from
that person's federal campaign
committee for that person's
nomination or election to the federal office.
(T)(1) Except as otherwise provided in division (B)(6)(c) of
section 3517.102
of the Revised Code, a
state or county political
party shall not disburse
moneys from any account other than a
state candidate fund to make
contributions to any of the
following:
(a) A state candidate fund;
(b) A legislative campaign fund;
(c) A campaign committee of a candidate for the office of
governor,
lieutenant governor, secretary of state, auditor of
state, treasurer of state,
attorney general, member of the state
board of education, or member of the
general assembly.
(2) No state candidate fund, legislative campaign fund, or
campaign committee
of a candidate for any office described in
division (T)(1)(c) of this section
shall knowingly accept a
contribution in violation of division (T)(1)
of this section.
(U) No person shall fail to file the a statement required
under section 3517.12
of the Revised Code.
(V) No campaign committee shall fail to file a statement
required
under division (K)(3) of section 3517.10 of the Revised
Code.
(W)(1) No foreign national shall, directly or indirectly
through
any other person or entity, make a contribution,
expenditure, or independent
expenditure or promise, either
expressly or implicitly, to make a
contribution, expenditure, or
independent expenditure in support of or
opposition to a candidate
for any elective office in this state, including an
office of a
political party.
(2) No candidate, campaign committee, political action
committee, political contributing entity,
legislative campaign
fund, state candidate
fund, political party, or separate
segregated fund shall solicit or accept a contribution,
expenditure, or
independent expenditure from a foreign national.
The secretary of state
may direct any candidate,
committee, entity, fund,
or party that accepts a contribution,
expenditure, or
independent expenditure in violation of this
division to return
the contribution, expenditure, or independent
expenditure or, if
it is not possible to return the contribution, expenditure,
or
independent expenditure, then to return instead the value of it,
to
the contributor.
(3) As used in division (W) of this section,
"foreign national" has the same
meaning as in
section 441e(b) of the Federal
Election Campaign
Act.
(X)(1) No state or county political party shall transfer any moneys from its restricted fund to any account of the political party into which contributions may be made or from which contributions or expenditures may be made.
(2)(a) No state or county political party shall deposit a contribution or contributions that it receives into its restricted fund.
(b) No state or county political party shall make a contribution or an expenditure from its restricted fund.
(3)(a) No corporation or labor organization shall make a gift or gifts from the corporation's or labor organization's money or property aggregating more than ten thousand dollars to any one state or county political party for the party's restricted fund in a calendar year.
(b) No state or county political party shall accept a gift or gifts for the party's restricted fund aggregating more than ten thousand dollars from any one corporation or labor organization in a calendar year.
(4) No state or county political party shall transfer any moneys in the party's restricted fund to any other state or county political party.
(5) No state or county political party shall knowingly fail to file a statement required under section 3517.1012 of the Revised Code.
(Y) The administrator of workers' compensation and the employees of the bureau of workers' compensation shall not conduct any business with or award any contract, other than one awarded by competitive bidding, for the purchase of goods costing more than five hundred dollars or services costing more than five hundred dollars to any individual, partnership, association, including, without limitation, a professional association organized under Chapter 1785. of the Revised Code, estate, or trust, if the individual has made, or the individual's spouse has made, or any partner, shareholder, administrator, executor, or trustee, or the spouses of any of those individuals has made, as an individual, within the two previous calendar years, one or more contributions totaling in excess of one thousand dollars to the campaign committee of the governor or lieutenant governor or to the campaign committee of any candidate for the office of governor or lieutenant governor.
(Z) The administrator of workers' compensation and the employees of the bureau of workers' compensation shall not conduct business with or award any contract, other than one awarded by competitive bidding, for the purchase of goods costing more than five hundred dollars or services costing more than five hundred dollars to a corporation or business trust, except a professional association organized under Chapter 1785. of the Revised Code, if an owner of more than twenty per cent of the corporation or business trust, or the spouse of the owner, has made, as an individual, within the two previous calendar years, taking into consideration only owners for all of such period, one or more contributions totaling in excess of one thousand dollars to the campaign committee of the governor or lieutenant governor or to the campaign committee of any candidate for the office of governor or lieutenant governor.
Sec. 3517.153. (A) Upon the filing of a
complaint with the Ohio elections commission, which shall
be made by affidavit of any person, on personal knowledge, and
subject to the penalties for perjury, or upon the filing of a
complaint made by the secretary of state or an official at the
board of elections, setting forth a failure to comply with or
a violation of any provision in sections 3517.08 to 3517.13, 3517.17, 3517.18,
3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised
Code, the commission shall proceed in accordance with
sections 3517.154 to 3517.157 of the Revised
Code.
(B) The commission shall prescribe the
form for complaints made under division (A) of this
section. The secretary of state and boards of elections shall
furnish the information that the commission requests. The
commission or a member of the commission may administer oaths,
and the commission may issue subpoenas to any person in the state
compelling the attendance of witnesses and the production of
relevant papers, books, accounts, and reports. Section 101.42 of
the Revised Code governs the issuance of
subpoenas insofar as applicable. Upon the refusal of any person to
obey a subpoena or to be sworn or to answer as a witness, the
commission may apply to the court of common pleas of
Franklin county under section 2705.03 of the
Revised Code. The court shall hold proceedings
in accordance with Chapter 2705. of the Revised
Code.
(C) No prosecution shall commence for a
violation of a provision in sections 3517.08 to 3517.13, 3517.17, 3517.18,
3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised
Code unless a complaint has been filed with the
commission under this section and all proceedings of the
commission or a panel of the commission, as appropriate, under
sections 3517.154 to 3517.157 of the Revised Code
are completed.
(D) The commission may recommend legislation
and render advisory opinions concerning sections 3517.08,
3517.082, 3517.092, 3517.102, 3517.103, 3517.105,
3517.13, 3517.18, 3517.20 to
3517.22, 3599.03, and
3599.031 of the Revised Code for persons over
whose acts it has or may have jurisdiction. When the commission
renders an advisory opinion relating to a specific set of
circumstances involving any of those sections stating that there
is no violation of a provision in those sections, the person to whom the
opinion
is directed or a person who is similarly situated may
reasonably rely on the opinion and is immune from criminal
prosecution and a civil action, including, without limitation,
a civil action for removal from public office or employment, based
on facts and circumstances covered by the opinion.
(E) The commission shall establish a web site on which it shall post, at a minimum, all decisions and advisory opinions issued by the commission and copies of each election law as it is amended by the general assembly. The commission shall update the web site regularly to reflect any changes to those decisions and advisory opinions and any new decisions and advisory opinions.
Sec. 3519.01. (A) Whoever Only one proposal of law or constitutional amendment to be proposed by initiative petition shall be contained in an initiative petition to enable the voters to vote on that proposal separately. A petition shall include the text of any existing statute or constitutional provision that would be amended or repealed if the proposed law or constitutional amendment is adopted.
Whoever seeks to propose a law or
constitutional amendment by initiative petition shall, by a
written petition signed by one hundred thousand qualified electors, submit
the proposed law or constitutional amendment and a summary of it
to the attorney general for examination. Within ten days after the receipt of the written petition and the summary of it, the attorney general shall conduct an examination of the summary. If, in the opinion of
the attorney general, the summary is a fair and truthful statement
of the proposed law or constitutional amendment, he the attorney
general shall so certify and then forward the submitted petition to the Ohio ballot board for its approval under division (A) of section 3505.062 of the Revised Code. A If the Ohio ballot board returns the submitted petition to the attorney general with its certification as described in that division, the attorney general shall then file with the secretary of state a verified copy of the proposed law or
constitutional
amendment, together with the its summary and the attorney general's
certification, shall then be filed with the secretary of state.
Whenever the Ohio ballot board divides an initiative petition into individual petitions containing only proposed law or constitutional amendment under division (A) of section 3505.062 of the Revised Code resulting in the need for the petitioners to resubmit to the attorney general appropriate summaries for each of the individual petitions arising from the board's division of the initiative petition, the attorney general shall review the resubmitted summaries, within ten days after their receipt, to determine if they are a fair and truthful statement of the respective proposed laws or constitutional amendments and, if so, certify them. These resubmissions shall contain no new explanations or arguments. Then, the attorney general shall file with the secretary of state a verified copy of each of the proposed laws or constitutional amendments together with their respective summaries and the attorney general's certification of each.
(B)(1) Whoever seeks to file a referendum petition against
any law, section, or item in any law shall, by a written petition
signed by one hundred thousand qualified electors, submit the measure to
be referred and a summary of it to the secretary of state and, on
the same day or within one business day before or after that day,
submit a copy of the petition, measure, and summary to the
attorney general.
(2) Not later than ten business days after receiving the
petition, measure, and summary, the secretary of state shall do
both of the following:
(a) Have the validity of the signatures on the petition
verified;
(b) After comparing the text of the measure to be referred
with the copy of the enrolled bill act on file in his
the secretary of state's office containing the law, section, or item of
law, determine whether the text is correct and, if it is, so certify.
(3) Not later than ten business days after receiving a
copy of the petition, measure, and summary, the attorney general
shall examine the summary and, if in his the attorney general's
opinion, the summary is a fair and truthful statement of the measure to be
referred, so certify.
(C) Any person who is aggrieved by a certification decision under division (A) or (B) of this section may challenge the certification or failure to certify of the attorney general in the supreme court, which shall have exclusive, original jurisdiction in all challenges of those certification decisions.
Sec. 3519.03. (A) The committee named in a initiative
petition may prepare the
argument or explanation, or both, in
favor of the measure proposed, and the
committee named in a
referendum petition may prepare the argument or
explanation, or
both, against any law
or section or item of law. The persons
who
prepare the argument or explanation, or both, in opposition to
the
initiated proposal, or the argument or explanation, or both,
in
favor of the
measure to be referred shall be named by the
general
assembly, if
it is in session,
or by
the governor, if the general assembly is not in session.
Such
argument or explanation, or
both, shall not exceed three
hundred
words and shall be filed with the
secretary of state at
least
seventy-five eighty days prior to the date of the
election at which
the
measure is to be voted upon.
(B)(1) If the committee named in an initiative petition, the
committee named in a referendum petition, or other persons
designated under division (A) of this section fail to prepare and
file their arguments or explanations by the seventy-fifth eightieth day
before the date of the election, the secretary of state shall
notify the Ohio ballot board that those arguments or explanations
have not been so prepared and filed. The board then shall prepare
the
missing arguments or explanations or designate a group of
persons
to prepare those arguments or explanations. All arguments
or
explanations prepared under this division shall be filed with
the
secretary of state no later than seventy seventy-five days before the date
of
the election. No argument or explanation shall exceed three
hundred words.
(2) If the Ohio ballot board fails to provide for the
preparation of missing arguments or explanations under division
(B)(1) of this section after being notified by the secretary of
state that one or more arguments or explanations have not been
timely prepared and filed, the positions of the four appointed
members of the board shall be considered vacant, and new members
shall be appointed in the manner provided for original
appointments.
Sec. 3519.04. Upon Within two days after receipt, under division (A) of section 3519.01 of the Revised Code, of the verified copy of a
proposed state law or
constitutional amendment proposing the levy
of any tax or involving a matter
that will necessitate the
expenditure of any funds of the state or any
political subdivision
of the state, the secretary of state shall request of the
office of budget and management an estimate of
any annual expenditure of public funds proposed
and
of the tax
commissioner the annual yield of any proposed taxes.
The office of
budget and management, on receipt of a request for an estimate of
the annual expenditure of public funds proposed, shall prepare the
estimate and file it in the office of the secretary of state. The
tax commissioner, on receipt of
a request
for an estimate of
the annual yield of any proposed taxes, shall prepare the estimate
and file it in the office of the
secretary of state. The
office of budget and management and the tax commissioner may issue
a joint estimate if the proposed state law or constitutional
amendment necessitates both the expenditure of public funds and a
levy of any tax.
Upon receipt of an estimate of the annual expenditure of public funds proposed from the office of budget and management, an estimate of the annual yield of any proposed taxes from the tax commissioner, or a joint estimate of the annual expenditure of public funds proposed and the annual yield of any proposed taxes from the office of budget and management and the tax commissioner, the secretary of state shall post the estimate on a web site of the office of secretary of state for thirty days before the election at which the proposed state law or constitutional amendment will be voted upon.
Sec. 3519.05. If the measure to be submitted proposes a
constitutional amendment, the heading of each part of the
petition
shall be prepared in the following form, and printed in
capital
letters in type of the approximate size set forth:
"INITIATIVE PETITIONNumber .......................................................
Issued to ....................................................
(Name of solicitor)Date of issuance
.............................................
..............................................................
Amendment to the ConstitutionProposed by Initiative PetitionTo be submitted directly to the electors""Amendment" printed in fourteen-point boldface
type shall
precede the title, which shall be briefly expressed and printed
in
eight-point type. The summary shall then be set forth printed
in
ten-point type, and then shall follow the certification of the
attorney general, under proper date, which shall also be printed
in ten-point type. The petition shall then set forth the names
and addresses of the committee of not less than three nor more
than five to represent the petitioners in all matters relating to
the petition or its circulation.
Immediately above the heading of the place for signatures
on
each part of the petition the following notice shall be
printed in
boldface type:
"NOTICE
Whoever knowingly signs this petition more than once; except as provided in section 3501.382 of the Revised Code, signs
a
name other than
one's own, on this petition; or signs this petition when not a qualified
voter,
is liable to prosecution.
In consideration
for services in soliciting
signatures
to
this petition,
the solicitor has received or expects to
receive .......................................................
from ..........................................................
(Whose address is).............................................
..............................................................."
Before any elector signs the part-petition, the solicitor shall
completely
fill in the above blanks if the solicitor has received
or will receive any
consideration, and if the solicitor has not
received and will not receive any consideration, the solicitor
shall insert "nothing."
The heading of the place for signatures shall be
substantially as follows:
"(Sign with ink or indelible pencil. Your name,
residence, and
date of signing must be given.)
____________ |
__________ |
___________ |
_________________________ |
_________ |
_______ |
________ |
|
|
|
Rural Route or |
|
|
|
|
|
|
other Post- |
|
|
|
Signature |
County |
Township |
office Address |
Month |
Day |
Year |
____________ |
__________ |
___________ |
________________________ |
_________ |
_______ |
________ |
(Voters who do not live in a municipal corporation should
fill
in
the information called for by headings printed above.)
(Voters who reside in municipal corporations should fill in
the
information called for by headings printed below.)
__________ |
_______ |
_________ |
_________ |
______________________________ |
|
|
City |
Street |
|
|
|
or |
and |
|
Signature |
County |
Village |
Number |
Ward Precinct Month Day Year" |
___________ |
_______ |
_________ |
_________ |
______________________________ |
The text of the proposed amendment shall be printed in
full,
immediately following the place for signatures, and shall
be
prefaced by "Be it resolved by the people of the State of
Ohio."
Immediately following the text of the proposed amendment
must
appear the following form:
"I, .........,
declare under penalty of election
falsification that
I am the
circulator of the foregoing
petition
paper containing the
signatures of .........
electors,
that the
signatures appended hereto were made and
appended in
my
presence
on the date set opposite each respective name, and are
the
signatures
of the persons whose names they purport to be or of attorneys in fact acting pursuant to section 3501.382 of the Revised Code, and
that
the
electors signing
this petition did so with knowledge of
the
contents of same. I am employed to circulate this petition by ................................ (Name and address of employer). (The preceding sentence shall be completed as required by section 3501.38 of the Revised Code if the circulator is being employed to circulate the petition.)
|
(Signed) ............... (Solicitor) |
|
(Address of circulator's permanent residence in this state) |
|
.................................... |
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY
OF
A FELONY
OF THE FIFTH DEGREE."
If the measure proposes a law, the heading of each part of
the petition shall be prepared as follows:
"INITIATIVE PETITIONNumber .........................................................
................................................................
Issued to ......................................................
................................................................
(Name of Solicitor)Date of issuance ...............................................
................................................................
Law proposed by initiative petition first to be submitted
to
the General Assembly."
In all other respects, the form shall be as provided for the
submission of a constitutional amendment, except that the text of
the proposed law shall be prefaced by "Be it enacted by the
people
of the state of Ohio."
The form for a supplementary initiative petition shall be
the
same as that provided for an initiative petition, with the
exception that "supplementary" shall precede "initiative" in the
title thereof.
The general provisions set forth in this section relative
to
the form and order of an initiative petition shall be, so far
as
practical, applicable to a referendum petition, the heading of
which shall be as follows:
"REFERENDUM PETITIONNumber .........................................................
................................................................
Issued to ......................................................
................................................................
(Name of Solicitor)Date of issuance ...............................................
................................................................
To be submitted to the electors for their approval or
rejection"
The title, which follows the heading, shall contain a brief
legislative history of the law, section, or item of law to be
referred. The text of the law so referred shall be followed by
the certification of the secretary of state, in accordance with
division (B)(2)(b) of section 3519.01 of the Revised Code, that
it
has been compared with the copy of the enrolled
act, on
file
in
the secretary of state's office, containing such
law,
section, or
item of law, and found to be correct.
Sec. 3519.051. Each signature of a voter who signs an initiative or referendum petition shall be an original signature of that voter in ink. Only initiative and referendum petitions containing those original signatures in ink shall be filed with the office of the secretary of state or a board of elections.
Sec. 3519.07. (A) The secretary of state shall post each of the following on the web site of the office of the secretary of state:
(1) The full text of each state law or constitutional amendment proposed by initiative petition that has been approved for the ballot;
(2) The certified summary of each state law or constitutional amendment proposed by initiative petition that has been approved for the ballot;
(3) The ballot language of each state law or constitutional amendment proposed by initiative petition;
(4) The arguments or explanations in favor of or against each state law or constitutional amendment proposed by initiative petition that has been approved for the ballot.
(B) When publishing or posting on the web site of the office of the secretary of state arguments or explanations in favor of or against any state law or constitutional amendment proposed by initiative petition that has been approved for the ballot, the secretary of state shall include the names of the persons who prepared the argument or explanation. The names of the persons shall not be considered part of the argument or explanation for purposes of the prohibition against arguments and explanations exceeding three hundred words under section 3519.03 of the Revised Code.
Sec. 3523.05. The election provided for in section 3523.01
of the Revised
Code shall be by ballot, which may be separate from
any ballot to be used at
the same election. Such ballot shall
first state the substance of the
proposed amendment to the
constitution Constitution of the United States. This shall be
followed by
appropriate instructions to the voter. It shall then contain
perpendicular columns of equal width, headed respectively in plain
type, "for
ratification," "against ratification," and "unpledged."
In the column headed
"for ratification" shall be placed the names
of the nominees nominated as in
favor of ratification. In the
column headed "against ratification" shall be
placed the names of
the nominees nominated as against ratification. In the
column
headed "unpledged" shall be placed the names of the nominees
nominated
as unpledged. The voter shall indicate
his
the voter's
choice
by making one or more
punches or marks in the appropriate
spaces provided on the ballot. No ballot
shall be held void
because any such punch or mark is irregular in character.
The
ballot shall be so arranged that the voter may, by making a single
punch
or mark, vote for the entire group of nominees whose names
are comprised in
any column. The ballot shall be in substantially
the following form:
PROPOSED AMENDMENT TO THE
CONSTITUTION OF THE UNITED STATESDelegates to the convention to ratify the proposed
amendment.
The
congress has proposed an amendment to the
constitution
Constitution
of the United States which provides (insert here the
substance
of the proposed amendment).
The congress has also
proposed that the said amendment shall
be ratified by conventions
in the states.
INSTRUCTIONS TO VOTERSDo not vote for more than fifty-two candidates.
To vote for all
candidates in favor of ratification, or for all candidates
against
ratification, or for all candidates who intend to remain
unpledged,
make a mark in the CIRCLE. If you do this, make no
other mark. To
vote for an individual candidate make a mark in
the SQUARE at the
left of the name.
For Ratification |
Against Ratification |
Unpledged |
O |
O |
O |
[ ] John Doe |
[ ] Charles Coe |
[ ] Daniel De Foe |
[ ] Richard Doe |
[ ] Michael Moe |
[ ] Louis St Loe |
All rights on the part of lists of candidates to name
challengers and
witnesses observers in the polling places shall be the same
as those under Title XXXV of
the Revised Code.
The fifty-two nominees who receive the highest number of
votes shall be
delegates to the convention.
Sec. 3599.11. (A) No person shall knowingly register or
make application or attempt to register in a precinct in which the person is
not a qualified voter; or knowingly aid or abet any person to
so register; or attempt to register or knowingly induce or
attempt to induce any person to so register; or
knowingly
impersonate another or write or assume the name of another, real
or fictitious, in registering or attempting to register; or by
false statement or other unlawful means procure, aid, or attempt
to procure the erasure or striking out on the register or
duplicate list of the name of a qualified elector therein; or
knowingly induce or attempt to induce a registrar
or other
election authority to refuse registration in a precinct to an
elector thereof; or knowingly swear or
affirm
falsely upon a lawful examination by or before any
registering officer; or make, print, or issue any false or
counterfeit certificate of registration or
knowingly alter any
certificate of registration.
No person shall knowingly register under more than one name
or knowingly induce any person to so register.
No person shall knowingly make any false statement on any
form for registration or change of registration or upon any
application or return envelope for an absent voter's ballot.
Whoever violates this division is guilty of a felony of the
fifth degree.
(B)(1) No person who helps another person register outside
an official voter registration place shall knowingly destroy, or
knowingly help another person to destroy, any completed
registration form, or.
Whoever violates this division is guilty of election falsification, a felony of the fifth degree.
(2)(a) No person who helps another person register outside an official voter registration place shall knowingly fail to return any registration
form entrusted to that person to the any board of elections or the office of the secretary of state within ten days after that regsitration form is completed, or on or
before the thirtieth day before the election, whichever day is earlier, unless the registration form is received by the person within twenty-four hours of the thirtieth day before the election, in which case the person shall return the registration form to any board of elections or the office of the secretary of state within ten days of its receipt.
Whoever violates this division is guilty of a misdemeanor
of the first degree election falsification, a felony of the fifth degree, unless the person has not previously been convicted of a violation of division (B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the violation of this division does not cause any person to miss any voter registration deadline with regard to any election, and the number of voter registration forms that the violator has failed to properly return does not exceed forty-nine, in which case the violator is guilty of a misdemeanor of the first degree.
(b) Subject to division (C)(2) of this section, no person who helps another person register outside an official registration place shall knowingly return any registration form entrusted to that person to any location other than any board of elections or the office of the secretary of state.
Whoever violates this division is guilty of election falsification, a felony of the fifth degree, unless the person has not previously been convicted of a violation of division (B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the violation of this division does not cause any person to miss any voter registration deadline with regard to any election, and the number of voter registration forms that the violator has failed to properly return does not exceed forty-nine, in which case the violator is guilty of a misdemeanor of the first degree.
(C)(1) No person who receives compensation for registering a voter shall knowingly fail to return any registration form entrusted to that person to any board of elections or the office of the secretary of state within ten days after that voter registration form is completed, or on or before the thirtieth day before the election, whichever is earlier, unless the registration form is received by the person within twenty-four hours of the thirtieth day before the election, in which case the person shall return the registration form to any board of elections or the office of the secrtary of state within ten days of its receipt.
Whoever violates this division is guilty of election falsification, a felony of the fifth degree, unless the person has not previously been convicted of a violation of division (B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the violation of this division does not cause any person to miss any voter registration deadline with regard to any election, and the number of voter registration forms that the violator has failed to properly return does not exceed forty-nine, in which case the violator is guilty of a misdemeanor of the first degree.
(2) No person who receives compensation for registering a voter shall knowingly return any registration form entrusted to that person to any location other than any board of elections or the office of the secretary of state.
Whoever violates this division is guilty of election falsification, a felony of the fifth degree, unless the person has not previously been convicted of a violation of division (B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the violation of this division does not cause any person to miss any voter registration deadline with regard to any election, and the number of voter registration forms that the violator has failed to properly return does not exceed forty-nine, in which case the violator is guilty of a misdemeanor of the first degree.
(D) As used in division (C) of this section, "registering a voter" includes any effort, for compensation, to provide voter registration forms or to assist persons in completing or returning those forms.
Sec. 3599.111. (A) As used in this section, "registering a voter" or "registering voters" includes any effort, for compensation, to provide voter registration forms or to assist persons in completing or returning those forms or returning them to the board of elections, the office of the secretary of state, or other appropriate public office.
(B) No person shall receive compensation on a fee per signature or fee per volume basis for circulating any declaration of candidacy, nominating petition, declaration of intent to be a write-in candidate, initiative petition, referendum petition, recall petition, or any other election-related petition that is filed with or transmitted to a board of elections, the office of the secretary of state, or other appropriate public office.
(C) No person shall receive compensation on a fee per registration or fee per volume basis for registering a voter.
(D) Compensation No person shall pay any other person for collecting signatures on election-related petitions and or for registering voters shall be paid solely except on the basis of time worked.
(E)(1) Whoever violates division (B) or (C) of this section is guilty of election falsification under section 3599.36 of the Revised Code receiving improper compensation for circulating a petition, a felony of the fifth degree.
(2) Whoever violates division (C) of this section is guilty of receiving improper compensation for registering a voter, a felony of the fifth degree.
(3) Whoever violates division (D) of this section is guilty of paying improper compensation for circulating a petition or registering a voter, a felony of the fifth degree.
Sec. 3599.13. (A) No person shall sign do any of the following:
(1) Sign an initiative,
supplementary, referendum, recall, or nominating petition knowing
that he the person is not at the time qualified to sign it; or
knowingly
(2) Knowingly
sign such a petition more than once; or sign
(3) Except as otherwise provided in section 3501.382 of the Revised Code, sign a name other than his the
person's own on such a petition; or accept
(4) Accept anything of value for signing such a petition; or
seek
(5) Seek by intimidation or threats to influence any person to sign
or refrain from signing such a petition, or from circulating or
abstaining from circulating such a petition; or sign
(6) Sign a nominating declaration of candidacy and
petition for a candidate of a party with which he the person is
not affiliated, as required by section 3513.05 of the Revised Code;
or make
(7) Make a false affidavit or statement concerning the signatures
on any such petition.
(B) Whoever violates division (A) of this section shall be fined not less than
fifty nor or more than five hundred dollars, or imprisoned not less
than three nor or more than six months, or both.
Sec. 3599.14. (A) No person shall knowingly, directly or
indirectly, do any of the following in connection with
any declaration of candidacy and petition, declaration of intent to be
a write-in candidate,
nominating petition, or other petition presented to
or filed with the secretary of state, a board or of elections,
or
any other public office for the purpose of becoming a candidate
for any elective office, including the office of a political
party, for the purpose of submitting a question or issue to
the electors at an election, or for the purpose of forming a political
party:
(1) Misrepresent the contents, purpose, or effect of
the petition or declaration
for the purpose of persuading a person to
sign or refrain from signing the petition or declaration;
(2) Pay or offer to pay anything of value for signing or refraining from
signing the petition or declaration;
(3) Promise to assist any person to obtain appointment
to an office or position as a consideration for obtaining or
preventing signatures to the petition or declaration;
(4) Obtain or prevent signatures to the petition or declaration as a
consideration for the
assistance or promise of assistance of a person in securing
appointment to an office or position;
(5) Circulate or cause to
be circulated the petition
or declaration knowing it to contain false,
forged, or fictitious names;
(6) Add Except as otherwise provided in section 3501.382 of the Revised Code, add signatures or names except the person's own
name on the petition or declaration;
(7) Make a false certification or statement concerning the petition or
declaration;
(8) File with the election authorities
the petition or declaration knowing it to contain false, forged, or
fictitious names;
(9) Fail to fill out truthfully and file all itemized statements required by
law in connection with the petition or declaration.
(B) Whoever violates division (A) of this section
is guilty of a misdemeanor felony of the
first fifth degree.
Sec. 3599.21. (A) No person shall knowingly
do any of
the following:
(1) Impersonate another, or make a false
representation in order to obtain an absent voter's ballot;
(2) Aid or abet a person to vote an absent voter's
ballot illegally;
(3) If the person is
an election official, open, destroy, steal, mark, or mutilate any
absent
voter's ballot;
(4) Aid or abet another person to open, destroy,
steal, mark, or
mutilate any absent voter's ballot after the ballot has been voted;
(5) Delay
the delivery of any such absent voter's ballot with a view to preventing its arrival in time
to be counted;
(6) Hinder or attempt to hinder the delivery or counting of
such
absent voter's ballot;
(7) Fail to forward to the appropriate election official an absent voter's
ballot application entrusted to that person to so forward;
(8) Fail to forward to the appropriate election official an absent voter's ballot application entrusted to that person to so forward within ten days after that application is completed or within such a time period that the failure to so forward the application disenfranchises the voter with respect to a particular election, whichever is earlier;
(9) Except as authorized under Chapters 3509. and 3511. of the Revised Code, possess the absent voter's ballot of another.
(B)(1) Subject to division (B)(2) of this section, no person who receives compensation for soliciting persons to apply to vote by absent voter's ballots shall fail to forward to the appropriate election official an absent voter's ballot application entrusted to that person to so forward within ten days after that application is completed.
(2) No person who receives compensation for soliciting persons to apply to vote by absent voter's ballots shall fail to forward to the appropriate election official an absent voter's ballot application entrusted to that person to so forward within such a time period that the failure to so forward the application disenfranchises the voter with respect to a particular election.
(C) Whoever violates division (A) or (B) of this section is
guilty of a felony of the fourth degree.
(D) As used in this section, "person who receives compensation for soliciting persons to apply to vote by absent voter's ballots" includes any effort, for compensation, to provide absent voter's ballot applications or to assist persons in completing those applications or returning them to the director of the board of elections of the county in which the applicant's voting residence is located.
Sec. 3599.24. (A) No person shall do any of the following:
(1) By force, fraud, or other improper means, obtain or
attempt to obtain possession of the ballots, ballot boxes, or
pollbooks;
(2) Recklessly destroy any property used in the conduct of
elections;
(3) Attempt to intimidate an election officer, or prevent
an election official from performing the official's duties;
(4) Knowingly tear down, remove, or destroy any of the
registration lists or sample ballots furnished by the board of
elections at the polling place;
(5) Loiter in or about a registration or polling place
during registration or the casting and counting of ballots so as
to hinder, delay, or interfere with the conduct of the
registration or election;
(6) Remove from the voting place the pencils, cards of
instruction, supplies, or other conveniences furnished to enable
the voter to mark the voter's ballot.
(B) Whoever violates division (A)(1) or (2) of this
section is guilty of a felony of the fifth degree. Whoever
violates division (A)(3) or, (4), (5), or (6) of this section is guilty of a
misdemeanor of the first degree. Whoever violates division
(A)(5) or (6) of this section is guilty of a minor misdemeanor.
Sec. 3599.38. (A) No election official,
witness, challenger observer, deputy sheriff, special deputy
sheriff, or police officer, while
performing that person's duties
related to the casting of votes, shall do either of the
following:
(1) Wear any badge,
sign, or other insignia or thing indicating that person's
preference for any candidate or for any question submitted at an
election;
(2) Influence or
attempt to influence any voter to cast the voter's ballot
for or
against any candidate or issue submitted at an election.
(B) Whoever violates division (A) of this section
is guilty of a misdemeanor of the first degree.
"Sec. 4113.52. (A)(1)(a) If an employee becomes aware in
the
course of
the employee's
employment of a violation of any
state
or federal statute or any ordinance or regulation of a
political
subdivision that
the employee's employer has
authority to
correct, and the
employee reasonably believes that
the violation
either is a
criminal offense that is likely to cause
an imminent
risk of
physical harm to persons or a hazard to public
health or
safety
or is, a felony, or an improper solicitation for a contribution, the employee orally shall notify
the
employee's
supervisor
or other responsible officer of
the
employee's employer of the
violation and
subsequently shall
file
with that supervisor or officer a written
report that
provides
sufficient detail to identify and describe
the violation.
If the
employer does not correct the violation or
make a
reasonable and
good faith effort to correct the violation
within
twenty-four
hours after the oral notification or the
receipt of
the report,
whichever is earlier, the employee may
file a written
report that
provides sufficient detail to identify
and describe
the violation
with the prosecuting authority of the
county or
municipal
corporation
where the violation
occurred,
with
a peace
officer,
with the inspector general if the violation
is
within
the
inspector general's jurisdiction, or with any other
appropriate
public
official or agency that has regulatory
authority over the
employer and the industry, trade, or business
in which
the
employer
is
engaged.
(b) If an employee makes a report under division (A)(1)(a)
of this section, the employer, within twenty-four hours after the
oral notification was made or the report was received or by the
close of business on the next regular business day following the
day on which the oral notification was made or the report was
received, whichever is later, shall notify the employee, in
writing, of any effort of the employer to correct the alleged
violation or hazard or of the absence of the alleged violation or
hazard.
(2) If an employee becomes aware in the course of
the
employee's
employment of a violation of chapter 3704., 3734.,
6109.,
Or
or
6111.
Of
of the
revised code
Revised Code that is a criminal offense,
the
employee directly may notify, either orally or in writing, any
appropriate public official or agency that has regulatory
authority over the employer and the industry, trade, or business
in which
the employer is engaged.
(3) If an employee becomes aware in the course of
the
employee's
employment of a violation by a fellow employee of any
state or
federal statute, any ordinance or regulation of a
political
subdivision, or any work rule or company policy of
the
employee's
employer
and the employee reasonably believes
that
the
violation either is
a criminal offense that is likely to
cause
an
imminent risk of
physical harm to persons or a hazard to
public
health or safety
or is, a felony, or an improper solicitation for a contribution, the employee orally shall
notify
the employee's
supervisor
or other responsible officer
of
the
employee's employer of the
violation and
subsequently
shall
file
with that supervisor or officer a written
report that
provides
sufficient detail to identify and describe
the violation.
(B) Except as otherwise provided in division (C) of this
section, no employer shall take any disciplinary or retaliatory
action against an employee for making any report authorized by
division (A)(1) or (2) of this section, or as a result of the
employee's having made any inquiry or taken any other action to
ensure the accuracy of any information reported under either such
division. No employer shall take any
disciplinary or retaliatory
action against an employee for making
any report authorized by
division (A)(3) of this section if the
employee made a reasonable
and good faith effort to determine the
accuracy of any
information
so reported, or as a result of the
employee's having
made any
inquiry or taken any other action to
ensure the accuracy
of any
information reported under that
division. For purposes of
this
division, disciplinary or
retaliatory action by the employer
includes, without limitation, doing any of
the following:
(1) Removing or suspending the employee from employment;
(2) Withholding from the employee salary increases or
employee benefits to which the employee is otherwise
entitled;
(3) Transferring or reassigning the employee;
(4) Denying the employee a promotion that otherwise would
have been received;
(5) Reducing the employee in pay or position.
(C) An employee shall make a reasonable and good faith
effort to determine the accuracy of any information reported
under
division (A)(1) or (2) of this section. If the employee
who makes
a report under either division
fails to make
such an
effort,
the
employee may be subject to
disciplinary action by
the
employee's
employer,
including
suspension or removal, for
reporting
information
without a
reasonable basis to do so under
division
(A)(1) or (2)
of this
section.
(D) If an employer takes any disciplinary or retaliatory
action against an employee as a result of the employee's having
filed a report under division (A) of this section, the employee
may bring a civil action for appropriate injunctive relief or for
the remedies set forth in division (E) of this section, or both,
within one hundred eighty days after the date the disciplinary or
retaliatory action was taken, in a court of common pleas in
accordance with the Rules of Civil Procedure. A civil action
under this division is not available to an employee as a remedy
for any disciplinary or retaliatory action taken by an appointing
authority against the employee as a result of the employee's
having filed a report under division (A) of section 124.341 of
the
Revised Code.
(E) The court, in rendering a judgment for the employee in
an action brought pursuant to division (D) of this section, may
order, as it determines appropriate, reinstatement of the
employee
to the same position
that the employee held at the time of
the
disciplinary or retaliatory action and at the same site of
employment or to a comparable position at that site, the payment
of back wages, full reinstatement of fringe benefits and
seniority
rights, or any combination of these remedies. The
court also may
award the prevailing party all or a portion of the
costs of
litigation and, if the employee who brought the action
prevails
in
the action, may award the prevailing employee
reasonable
attorney's fees, witness fees, and fees for experts
who testify at
trial, in an amount the court determines
appropriate. If the
court determines that an employer
deliberately has violated
division (B) of this section, the
court, in making an award of
back pay, may include interest at
the rate specified in section
1343.03 of the
Revised Code.
(F) Any report filed with the inspector general under this
section shall be filed as a complaint in accordance with section
121.46 of the Revised Code.
(G) As used in this section:
(1) "Contribution" has the same meaning as in section 3517.01 of the Revised Code.
(2) "Improper solicitation for a contribution" means a solicitation for a contribution that satisfies all of the following:
(a) The solicitation violates division (B), (C), or (D) of section 3517.092 of the Revised Code;
(b) The solicitation is made in person by a public official or by an employee who has a supervisory role within the public office;
(c) The public official or employee knowingly made the solicitation, and the solicitation violates division (B), (C), or (D) of section 3517.092 of the Revised Code;
(d) The employee reporting the solicitation is an employee of the same public office as the public official or the employee with the supervisory role who is making the solicitation.
Sec. 4301.33. (A) The board of elections shall provide to a
petitioner circulating a petition for an election for the
submission of one or more of the questions specified in divisions
(A) to (D) of section 4301.35 or section 4301.351 of the
Revised Code, at the time of taking out the petition,
the names of the streets and, if appropriate, the address numbers of
residences
and business establishments within the
precinct in which the election is sought,
and a form prescribed
by the secretary of state for notifying affected permit holders
and liquor agency stores of the circulation of a petition for an
election for the submission of one or more of the questions specified in
divisions
(A) to (D) of section 4301.35 or section 4301.351 of the
Revised Code. The petitioner shall, not less than forty-five days before
the petition-filing deadline for the election, as provided in
this section, file with the division of liquor
control the
information regarding names of streets and, if appropriate,
address numbers of residences and business establishments
provided by the board of elections, and specify to the
division the precinct that is
concerned and that would be affected by the results of the election
and the filing deadline. The division shall, within
a reasonable period of time and not later than fifteen days before
the filing deadline, supply the petitioner with a list of the
names and addresses of permit holders and liquor agency stores,
if any, that would be affected by
the election. The list shall contain a heading with the
following words: "Liquor permit holders and liquor agency
stores that would be affected by the question(s) set forth on petition for
a local option election."
Within five days after a petitioner has received from the
division the list of liquor permit holders and liquor agency
stores, if any, that would be affected by the question or questions set
forth on a petition for local option election, the petitioner shall, using the
form
provided
by the board of elections, notify by certified mail each permit
holder and liquor agency store whose name appears on that list. The
form for notifying affected permit holders and liquor agency stores
shall require the petitioner to state the petitioner's name and street address
and shall contain a statement that a
petition is being circulated for an election for the submission
of the question or questions specified in divisions (A) to
(D) of section 4301.35 or section 4301.351 of the Revised
Code. The
form shall require the petitioner to state the question or
questions to be submitted as they appear on the petition.
The petitioner shall attach a copy of the list provided by the
division to each petition paper. A
part petition
paper circulated at any time without the list of affected permit
holders and liquor agency stores attached to it is invalid.
At the time the petitioner files the petition with the board of
elections, the petitioner shall provide to the board the list
supplied by the division and an affidavit certifying
that the petitioner notified all affected permit holders and liquor agency
stores, if any, on the list in the manner and within the time
required in this section and that, at
the time each signer of the petition affixed the signer's
signature to the petition, the petition paper contained a copy of the list of
affected permit holders and liquor agency stores.
Within five days after receiving a petition calling for an
election for the submission of one or more of the questions
specified in divisions (A) to (D) of section 4301.35 or
section
4301.351 of the Revised Code, the board shall give notice by
certified mail that it has received the petition to all liquor
permit holders and liquor agency stores, if any, whose names
appear on the list of affected permit
holders and liquor agency stores filed by the petitioner. Failure of
the petitioner to supply the affidavit
required by this section and a complete and accurate list of
liquor permit holders and liquor agency stores, if any,
invalidates the
entire petition. The board
of elections shall provide to a permit holder or liquor agency
store that would be affected
by a proposed local option election, on the permit holder's or liquor
agency store's request, the names of the streets, and, if appropriate, the
address numbers of residences and business establishments within
the precinct in which the election is
sought that would be affected by the results of the election. The
board may charge a reasonable fee for this
information when provided to the petitioner and the permit
holder or liquor agency store.
(B) Upon the presentation of a petition, not later than four
p.m. of the seventy-fifth day before the day of a general or
primary election, to the board of elections of the county where
the precinct is located, designating
whether it is a petition for an election for the submission of
one or more of the questions specified in section 4301.35 of the
Revised Code, or a petition for the submission of one or more of
the questions specified in section 4301.351 of the Revised Code,
designating the particular question or questions specified in
section 4301.35 or 4301.351 of the Revised Code that are to be
submitted, and signed by the qualified electors of the precinct
concerned, equal in number to thirty-five
per cent of the total number of votes cast in the precinct
concerned for the office of governor at the preceding general
election for that office, the board shall submit the question or questions
specified in the petition to the electors of the precinct concerned, on the
day
of the next general or
primary election, whichever occurs first and shall proceed as
follows:
(1) Such board shall, not later than the sixty-sixth sixty-eighth day
before the day of the election for which the question or
questions on the petition would qualify for submission to the
electors of the precinct, examine and
determine the sufficiency of the signatures and review, examine,
and determine the validity of the petition and, in case of
overlapping precinct
petitions presented within that period,
determine which of the petitions shall govern the further
proceedings of the board. In the case where the board determines
that two or more overlapping petitions are valid, the earlier
filed petition shall govern. The board shall certify the
sufficiency and validity of any petition determined to be valid.
The board shall determine the validity of the petition as of the
time of certification as described in this division.
(2) If a petition is sufficient, and, in case of
overlapping precinct
petitions, after the board has determined
the governing petition, the board to which the petition has been
presented shall order the holding of a special election in the
precinct for the submission of whichever of
the questions specified in section 4301.35 or 4301.351 of the
Revised Code are designated in the petition, on the day of the
next general or primary election, whichever occurs first.
(3) All petitions filed with a board of elections under this
section shall be open to public inspection under rules adopted by
the board.
(4) Protest against local option petitions may be filed by any
elector eligible to vote on the question or questions described
in the petitions or by a permit holder or liquor agency store in the
precinct as described in the petitions, not later
than
four p.m. of the sixty-fourth day before the day of the general
or primary election for which the petition qualified. The
protest shall be in writing and shall be filed with the election
officials with whom the petition was filed. Upon filing of the
protest, the election officials with whom it is filed shall
promptly fix the time for hearing it, and shall mail notice of
the filing of the protest and the time and place for hearing it
to the person who filed the petition and to the person who filed
the protest. At the time and place fixed, the election officials
shall hear the protest and determine the validity of the
petition.
Sec. 4301.331. (A) The privilege of local option conferred by
section 4301.321 of the Revised Code shall be exercised
if a certified copy of the judgment issued pursuant to division
(D) or (E) of section 3767.05 of the Revised Code that is the basis for the
exercise of the local option privilege is filed pursuant to division
(G) of section 3767.05 of the
Revised
Code indicating that a liquor
permit premises has been adjudged a nuisance. The certified copy of the
judgment
shall be filed in accordance with this section by the person or public
official who brought the action under section 3763.03 of the Revised Code.
(B) The certified copy of the judgment
prescribed under division (A)
of this section shall be filed with the board of elections of
the county in which the nuisance was adjudged to exist pursuant
to division (D) or
(E) of section 3767.05 of the
Revised
Code not later than four p.m.
of the seventy-fifth day before the day of the next general or
primary election.
(C) The statement
prescribed under division (A)
of this section
shall contain both of the following:
(1) A notice that the statement is
for the submission of
the question set forth in section 4301.352 of the Revised Code;
(2) The name of a class C or D permit holder and the
address of the permit holder's permit premises. If the business
conducted by a class C or D permit holder at the permit premises
has a name different from the permit holder's personal or
corporate name, the name of the permit holder's business shall be
stated along with the permit holder's personal or corporate name.
(D) Not later than five days after the
certified copy of the judgment prescribed under division (A) of this
section is filed,
the board shall give notice by certified mail that
it has received the certified copy of the judgment to
the liquor permit
holder whose
permit would be affected by the results of the election
required by the filing of the
certified copy of the judgment. Failure of the
petitioner to supply a
complete and accurate address of the liquor permit holder to the
board of elections invalidates the election.
For purposes of this section, "complete and accurate
address" means all of the following:
(1) The address of the liquor permit premises;
(2) The address of the statutory agent of the liquor
permit holder, if applicable;
(3) The address of the liquor permit holder if different
from the liquor permit premises address.
(E) Not
later than the
sixty-sixth sixty-eighth day before the day of the next general or primary
election, whichever occurs first, the board shall certify the sufficiency and
validity of the certified copy of the judgment, make such
determination as of the
time of certification, and order the
holding of an election in the precinct on the day of that general or
primary election for the submission of the question set forth in
section 4301.352 of the Revised Code.
(F) A certified copy of the judgment filed
with the board of
elections under division (A) of this
section shall be open to public inspection under rules adopted by
the board.
An elector who is eligible to vote on the question set
forth in section 4301.352 of the Revised Code or the permit
holder named on the certified copy of the judgment, not
later than four p.m.
of the
sixty-fourth day before the day of the election at which
the question will be submitted to the electors, may file a protest
against a local option petition. The protest shall be in writing
and shall be filed with the election officials with whom the
certified copy of the judgment was filed. Upon the
filing of the protest,
the election
officials with whom it is filed shall promptly fix a time and
place for hearing the protest, and shall mail notice of the time
and place for hearing it to the person who filed the
certified copy of the judgment and
to the person who filed the protest. At the time and place
fixed, the election officials shall hear the protest and
determine the validity of the certified copy of the
judgment.
Sec. 4301.332. (A) The board of elections shall provide to a
petitioner circulating a petition for an election for the
submission of one or more of the questions specified in
section 4301.353 or 4301.354 of the Revised Code,
at the time of taking out the petition, the names of the
streets and, if appropriate, the address numbers of residences
and business establishments within the precinct that would be affected by the
results of the election, and a form
prescribed
by the secretary of state for notifying affected permit holders
of the circulation of a petition for an election for the
submission of one or more of the questions specified in
section 4301.353 or 4301.354 of the Revised Code.
The petitioner shall, not less than forty-five days before
the petition-filing deadline for the election, as provided in
this section, file with the division of liquor
control the
information regarding names of streets and, if appropriate,
address numbers of residences and business establishments
provided by the board of elections, and specify to the
division the portion of the precinct that
would be affected by the results of the election
and the filing deadline. The division shall, within
a
reasonable period of time and not later than fifteen days before
the filing deadline, supply the petitioner with a list of the
names and addresses of permit holders, if any, who would be affected by
the election. The list shall contain a heading with the
following words: "Liquor permit holders who would be affected by
the question(s) set forth on petition for a local option
election."
Within five days after a petitioner has received from the
division the list of liquor permit holders, if any, who would
be
affected by the question or questions set forth on a petition for
local option election, the petitioner, using the form
provided
by the board of elections, shall notify by certified mail each permit
holder whose name appears on that list. The form for notifying
affected permit holders shall require the petitioner to state
the petitioner's
name and street address and shall contain a statement that a
petition is being circulated for an election for the submission
of the question or questions specified in
section 4301.353 or 4301.354 of the Revised Code. The
form shall require the petitioner to state the question or
questions to be submitted as they appear on the petition.
The petitioner shall attach a copy of the list provided by the
division to each petition paper. A
part petition
paper circulated at any time without the list of affected permit
holders attached to it is invalid.
At the time the petitioner files the petition with the board
of
elections, the petitioner shall provide to the board the list
supplied by the division and an
affidavit certifying
that the petitioner notified all affected permit holders, if any, on
the list in the
manner and within the time required in this section and that, at
the time each signer of the petition affixed the signer's
signature to the
petition, the petition paper contained a copy of the list of
affected permit holders.
Within five days after receiving a petition calling for an
election for the submission of one or more of the questions
specified in section 4301.353 or
4301.354 of the Revised Code, the board shall give notice by
certified mail that it has received the petition to all liquor
permit holders, if any, whose names appear on the list of affected permit
holders filed by the petitioner as furnished by the
division. Failure of the petitioner to supply the
affidavit
required by this section and a complete and accurate list of
liquor permit holders as furnished by the division invalidates the entire
petition. The board
of
elections shall provide to a permit holder who would be affected
by a proposed local option election, on the permit holder's
request, the names of the streets, and, if appropriate, the
address numbers of residences and business establishments within
the portion of the precinct that would be
affected by
the results of the election. The board may charge a reasonable fee for this
information when provided to the petitioner and the permit
holder.
This division does not apply to an election held under section 4301.353 or
4301.354 of the Revised Code if the results of the election would not
affect any permit holder.
(B) Upon the presentation of a petition, not later than four
p.m. of the seventy-fifth day before the day of a general
or primary election, to the board of elections of the county where
the precinct is located, designating
whether it is a petition for an election for the submission of
one or both of the questions specified in section 4301.353 of the Revised
Code, or a petition for the submission of one or more of
the questions specified in section 4301.354 of the Revised Code,
designating the particular question or questions specified in
section 4301.353 or 4301.354 of the Revised Code that are to be
submitted, and signed by the qualified electors of the precinct
concerned, equal in number to thirty-five
per cent of the total number of votes cast in the precinct concerned for the
office of governor at the preceding general
election for that office, the board shall submit the question or questions
specified in the petition to the electors of the precinct concerned, on the day
of the next general or
primary election, whichever occurs first and shall proceed as
follows:
(1) Such board shall, not later than the sixty-sixth sixty-eighth day
before the day of the election for which the question or
questions on the petition would qualify for submission to the
electors of the precinct, examine and
determine the sufficiency of the signatures and review, examine,
and determine the validity of the petition and, in case of
overlapping precinct
petitions presented within that period,
determine which of the petitions shall govern the further
proceedings of the board. In the case where the board determines
that two or more overlapping petitions are valid, the earlier
filed petition shall govern. The board shall certify the
sufficiency and validity of any petition determined to be valid.
The board shall determine the validity of the petition as of the
time of certification as described in this division.
(2) If a petition is sufficient, and, in case of
overlapping precinct
petitions, after the board has determined
the governing petition, the board to which the petition has been
presented shall order the holding of a special election in the
precinct for the submission of whichever of
the questions specified in section 4301.353 or 4301.354 of the Revised Code
are designated in the petition, on the day of the
next general or primary election, whichever occurs first.
(C) All petitions filed with a board of elections under this
section shall be open to public inspection under rules adopted by
the board.
(D) Protest against local option petitions may be filed by any
elector eligible to vote on the question or questions described
in the petitions or by a permit holder in the precinct as described in the
petitions, not later than
four p.m. of the sixty-fourth day before the day of
the general or primary election for which the petition qualified. The
protest shall be in writing and shall be filed with the election
officials with whom the petition was filed. Upon filing of the
protest, the election officials with whom it is filed shall
promptly fix the time for hearing it, and shall mail notice of
the filing of the protest and the time and place for hearing it
to the person who filed the petition and to the person who filed
the protest. At the time and place fixed, the election officials
shall hear the protest and determine the validity of the
petition.
Sec. 4301.333. (A) The privilege of local
option conferred
by section 4301.323 of the
Revised Code may be exercised if, not
later than four p.m.
of the seventy-fifth day before the day of a
general or primary
election, a petition is presented to the board
of elections
of the county in which the precinct is situated by a
petitioner
who is one of the following:
(1) An applicant for the issuance or transfer of a liquor
permit at, or to, a particular location within the
precinct;
(2) The holder of a liquor permit at a particular location
within the precinct;
(3) A person who operates or seeks to operate a liquor
agency store at a particular location within the
precinct;
(4) The designated agent for an applicant, liquor permit
holder, or liquor agency store described in division (A)(1), (2),
or
(3) of this section.
(B) The petition shall be
signed by the electors of the
precinct equal in number to at
least thirty-five per cent of the
total number of votes cast in
the precinct for the office of
governor at the preceding general
election for that office and
shall contain all of the
following:
(1) A notice that the petition is for the submission of
the
question or questions set forth in section
4301.355 of the
Revised Code;
(2) The name of the applicant for the issuance or
transfer,
or the holder, of the liquor permit or, if applicable,
the name of
the liquor agency store, including any trade or
fictitious names
under which the applicant, holder, or
liquor
agency store either
intends to do or does business at the
particular location;
(3) The address and proposed use of the particular
location
within the election precinct to which the results of
the question
or questions specified in section 4301.355 of the
Revised Code
shall apply. For purposes
of this division,
"use" means all of
the following:
(a) The type of each liquor permit applied for by the
applicant or held by the liquor permit holder as described in
sections 4303.11 to 4303.183 of the
Revised Code, including a
description
of the type of beer or intoxicating liquor sales
authorized by each permit as
provided in those sections;
(b) If a liquor agency store, the fact that the business
operated as a liquor agency store authorized to operate by
this
state;
(c) A description of the general nature of the business of
the applicant, liquor permit holder, or liquor agency store.
(4) If the petition seeks approval of Sunday sales under
question (B)(2) as set forth in section 4301.355 of the Revised
Code, a statement indicating whether the hours of sale sought are
between ten a.m. and midnight or between one p.m. and midnight.
(C)(1) At the time the petitioner files the petition
with
the board of elections, the petitioner shall provide to the board
both of
the following:
(a) An affidavit that is signed by the petitioner
and that
states the
proposed use of the location following the election
held to
authorize the sale of beer or intoxicating liquor
authorized by each permit as provided in sections 4303.11 to
4303.183 of the Revised Code;
(b) Written evidence of the designation of an agent by the
applicant, liquor permit holder, or liquor agency store described
in division
(A)(1), (2), or (3) of this section for the purpose of
petitioning
for the local option election, if the petitioner is
the designated agent of
the applicant, liquor permit holder, or
liquor agency store.
(2) Failure to supply the affidavit, or the written evidence
of the
designation of the agent if the petitioner for the local
option election is
the agent of the applicant, liquor permit
holder, or liquor agency store
described in division (A)(1), (2),
or (3) of this section, at the
time the petition is filed
invalidates the entire petition.
(D) Not later than the
sixty-sixth sixty-eighth day before the day of the
next general or primary
election, whichever occurs first, the
board shall examine and
determine the sufficiency of the
signatures and the validity of
the petition. If the board finds
that the petition contains
sufficient signatures and in other
respects is valid, it shall
order the holding of an election in
the precinct on the
day of the next general or primary election,
whichever occurs
first, for the submission of the question or
questions set forth
in section 4301.355 of the Revised Code.
(E) A petition filed with
the board of elections under this
section shall be open to
public inspection under rules adopted by
the board.
(F) An elector who is
eligible to vote on the question or
questions set forth in section
4301.355 of the Revised
Code may
file, not later than
four
p.m.
of the sixty-fourth day before the
day of the election
at which the question or questions will be
submitted to the
electors, a protest against a local option
petition circulated
and filed pursuant to this section. The
protest shall be in
writing and shall be filed with the election
officials with whom
the petition was filed. Upon the filing of
the protest, the
election officials with whom it is filed shall
promptly
establish a time and place for hearing the protest and
shall
mail notice of the time and place for the hearing to the
applicant for, or the holder of, the liquor permit who is
specified in the petition and to the elector who filed the
protest. At the time and place established in the notice, the
election officials shall hear the protest and determine the
validity of the petition.
Sec. 4301.334. (A) The privilege of local option conferred by
section 4301.324 of the Revised Code may be exercised if, not later than four
p.m. of
the seventy-fifth day before the day of a general or primary election, a
petition and other information required by division (B) of this
section are presented to the board of elections of the county in which the
community facility named in the petition is located. The petition shall be
signed by electors of the municipal
corporation or unincorporated area of the township in which the
community facility is
located equal in number to at least
ten per cent of the total number of votes cast in
the municipal corporation or unincorporated area of the
township in which the community facility is located for the
office of governor at the most recent general election for that office and
shall contain both of the following:
(1) A notice that the petition is for the submission of the question set
forth in section 4301.356 of the Revised Code;
(2) The name and address of the community facility for which the local
option election is sought and, if the community facility is a community
entertainment district, the boundaries of the district.
(B) Upon the request of a petitioner, a board of elections of a
county shall furnish to the petitioner a copy of the instructions prepared by
the secretary of state under division (P)
of section 3501.05 of the Revised Code
and, within fifteen days after the request, a certificate indicating the
number of valid signatures that will be required on a petition to hold an
election in the municipal corporation or unincorporated area of the township
in which the community facility is located on the question specified in
section 4301.356 of the Revised Code.
The petitioner shall, not less than thirty days before the petition-filing
deadline for an election on the question
specified in section 4301.356 of the Revised Code,
specify to the division of liquor control the name and address of the
community facility for which the election is sought and, if the community
facility is a community entertainment district, the boundaries of the
district, the municipal corporation
or unincorporated area of a township in which the election is sought, and the
filing deadline. The division shall, within a reasonable period of time and
not later than ten days before the filing deadline, supply the petitioner with
the name and address of any permit holder for or within the community
facility.
The petitioner shall file the name and address of any permit holder who
would be affected by the election at the time the petitioner files the
petition with the board of elections. Within five days after receiving the
petition, the board shall give notice by certified mail to any permit holder
within the community facility that it has received
the petition. Failure of the
petitioner to supply the name and address of any permit holder for or within
the
community facility as furnished to the petitioner by the division invalidates
the petition.
(C) Not later than the sixty-sixth sixty-eighth day before the day of the next
general or primary election, whichever occurs first, the board shall examine
and determine the sufficiency of the signatures on the petition. If the board
finds that the petition is valid, it shall order the holding of an election in
the municipal corporation or unincorporated area of a township on the day of
the next general or primary election, whichever occurs first, for the
submission of the question set forth in section 4301.356 of the Revised Code.
(D) A petition filed with a board of elections under this section
shall be open to public inspection under rules adopted by the board.
(E) An elector who is eligible to vote on the question set forth
in section 4301.356 of the Revised Code or any permit holder for or within the
community
facility may,
not later than four p.m. of the sixty-fourth day
before the day of the election at which the question will be submitted to the
electors, file a written protest against the local option petition with the
board of elections with which the petition was filed. Upon the filing of the
protest, the board shall promptly fix a time and place for hearing the
protest and shall mail notice of the time and place to the person who
filed
the petition and to the person who filed the protest. At the time and place
fixed, the board shall hear the protest and determine the validity of the
petition.
Sec. 4305.14. (A) The following questions regarding the sale of beer by
holders of C or D permits may be presented to the qualified
electors of an election precinct:
(1) "Shall the sale of beer as defined in section 4305.08
of the Revised Code under permits which authorize sale for
off-premises consumption only be permitted within this precinct?"
(2) "Shall the sale of beer as defined in section 4305.08
of the Revised Code under permits which authorize sale for
on-premises consumption only, and under permits which authorize
sale for both on-premises and off-premises consumption, be
permitted in this precinct?"
The exact wording of the question as submitted and form of
ballot as printed shall be determined by the board of elections
in the county wherein the election is held, subject to approval
of the secretary of state.
Upon the request of an elector, a board of elections of a
county that encompasses an
election precinct shall furnish to the elector a copy
of the instructions
prepared by the secretary of state under division (P) of section
3501.05 of the Revised Code and, within fifteen days after the
request, with a certificate indicating the number of valid
signatures that will be required on a petition to hold a special
election in that precinct on either or both
of the questions specified in this section.
The board shall provide to a petitioner, at the time the petitioner
takes out a petition, the names of the streets and, if
appropriate, the address numbers of residences and business
establishments within the precinct in which
the election is sought, and a form prescribed by the secretary of
state for notifying affected permit holders of the circulation of
a petition for an election for the submission of one or more of
the questions specified in division (A) of this section.
The
petitioner shall, not less than forty-five days before the
petition-filing deadline for an election provided for in this
section, file with the division of liquor control the
information regarding names of streets and, if appropriate,
address numbers of residences and business establishments
provided by the board of elections, and specify to the
division the precinct that is
concerned or that would be affected by the results of the election
and the filing deadline. The division shall, within a
reasonable period of time and not later than fifteen days before
the filing deadline, supply the petitioner with a list of the
names and addresses of permit holders who would be affected by
the election. The list shall contain a heading with the
following words: "liquor permit holders who would be affected by
the question(s) set forth on a petition for a local option
election."
Within five days after receiving from the
division the list of liquor permit holders who would be
affected by the question or questions set forth on a petition for
local option election, the petitioner shall, using the form provided
by the board of elections, notify by certified mail each permit
holder whose name appears on that list. The form for notifying
affected permit holders shall require the petitioner to state the
petitioner's name and street address and shall contain a statement that a
petition is being circulated for an election for the submission
of the question or questions specified in division (B) of this
section. The form shall require the petitioner to state the
question or questions to be submitted as they appear on the
petition.
The petitioner shall attach a copy of the list provided by the division to each
petition paper. A part petition
paper circulated at any time without the list of affected permit
holders attached to it is invalid.
At the time of filing the petition with the board of
elections, the petitioner shall provide to the board of elections
the list supplied by the division and an
affidavit
certifying that the petitioner notified all affected permit holders
on the
list in the manner and within the time required in this section
and that, at the time each signer of the petition signed the petition, the
petition paper contained a copy of
the list of affected permit holders.
Within five days after receiving a petition calling for an
election for the submission of the question or questions set
forth in this section, the board of elections shall give notice
by certified mail that it has received the petition to all liquor
permit holders whose names appear on the list of affected permit
holders filed by the petitioner. Failure of the petitioner to supply the
affidavit
required by this section and a complete and accurate list of
liquor permit holders invalidates the
entire
petition. The board of
elections shall provide to a permit holder who would be affected
by a proposed local option election, on the permit holder's
request, the names of the streets, and, if appropriate, the
address numbers of residences and business establishments within
the precinct in which the election is
sought and that would be affected by the results of the election. The
board may charge a reasonable fee for this
information when provided to the petitioner and the permit
holder.
Upon presentation not later than four p.m. of the
seventy-fifth day before the day of a general or primary
election, of a petition to the board of elections of the county
wherein such election is sought to be held, requesting the
holding of such election on either or both of the questions
specified in this section, signed by qualified electors of the
precinct concerned equal in number to
thirty-five per cent of the total number of votes cast in the
precinct concerned for the office of governor at the preceding
general election for that office, such board shall submit the question or
questions specified in the petition to the electors of the
precinct concerned, on the day of the next
general or primary election, whichever occurs first.
(B) The board shall proceed as follows:
(1) Such board shall, upon the filing of a petition under this section,
but not later than the sixty-sixth sixty-eighth day
before the day of the election for which the question or
questions on the petition would qualify for submission to the
electors of the precinct, examine and
determine the sufficiency of the signatures and review, examine,
and determine the validity of such petition and, in case of
overlapping precinct petitions presented within that period, determine which
of
the
petitions shall govern the further proceedings of the board. In
the case where the board determines that two or more overlapping
petitions are valid, the earlier petition shall govern. The
board shall certify the sufficiency of signatures contained in the petition
as of the time of filing and the validity of the
petition
as of the time of certification as described in
division (C)(1) of this section if the board finds the
petition to be both sufficient and valid.
(2) If the petition contains sufficient signatures and is valid, and,
in case of overlapping
precinct petitions, after the
board has determined the governing petition, the board shall
order the holding of a special election in the precinct for the submission of
the question or
questions specified in the petition, on the day of the next
general or primary election, whichever occurs first.
(3) All petitions filed with a board of elections under this
section shall be open to public inspection under
rules
adopted by the board.
(C) Protest against a local option petition may be filed
by any qualified elector eligible to vote on the question or
questions specified in the petition or by a permit holder in the
precinct as described in the petition, not
later than four p.m. of the sixty-fourth day before the day of
such general or primary election for which the petition qualified.
Such protest shall be in
writing and shall be filed with the election officials with whom
the petition was filed. Upon filing of such protest the election
officials with whom it is filed shall promptly fix the time for
hearing it, and shall forthwith mail notice of the
filing
of the protest and the time for hearing it to the person who
filed the petition which is protested and to the person who filed
the protest. At the time and place fixed, the election officials shall
hear the protest and determine the validity of the petition.
(D) If a majority of the electors voting on the question
in the precinct vote "yes" on question (1)
or (2) as set forth in division (A) of this section, the
sale of
beer as specified in that question shall be permitted in the
precinct
and no subsequent election shall be held in the precinct under this section on
the same question for a period of at least
four
years from the date of the most recent election.
If a majority of the electors voting on the question in the
precinct vote "no" on question (1) or (2)
as set forth in division (A) of this section, no C or D
permit
holder shall sell beer as specified in that question within the
precinct during the period the election is
in effect
and no subsequent election shall be held in the precinct under this section on
the same question for a period of at least
four
years from the date of the most recent election.
Sec. 4504.021. The question of repeal of a county
permissive tax adopted as an emergency measure pursuant to
section 4504.02, 4504.15, or 4504.16 of the Revised Code may be
initiated by filing with the board of elections of the county not
less than seventy-five days before the general election in any
year a petition requesting that an election be held on such
question. Such petition shall be signed by qualified electors
residing in the county equal in number to ten per cent of those
voting for governor at the most recent gubernatorial election.
After determination by it that such petition is valid, the
board of elections shall submit the question to the electors of
the county at the next general election. The election shall be
conducted, canvassed, and certified in the same manner as regular
elections for county offices in the county. Notice of the
election shall be published in a newspaper of general circulation
in the district once a week for four two consecutive weeks prior to
the election, stating and, if the board of elections operates and maintains a web site, notice of the election also shall be posted on that web site for thirty days prior to the election. The notice shall state the purpose, the time, and the place of the
election. The form of the ballot cast at such election shall be
prescribed by the secretary of state. The question covered by
such petition shall be submitted as a separate proposition, but
it may be printed on the same ballot with any other proposition
submitted at the same election other than the election of
officers. If a majority of the qualified electors voting on the
question of repeal approve the repeal, the result of the election
shall be certified immediately after the canvass by the board of
elections to the county commissioners, who shall thereupon, after
the current year, cease to levy the tax.
Sec. 5705.191. The taxing authority of any subdivision,
other than the board of education of a school district or the
taxing authority of a county school financing district, by a vote
of two-thirds of all its members, may declare by resolution that
the amount of taxes that may be raised within the ten-mill
limitation by levies on the current tax duplicate will be
insufficient to provide an adequate amount for the necessary
requirements of the subdivision, and that it is necessary to levy
a tax in excess of such limitation for any of the purposes in
section 5705.19 of the Revised Code, or to supplement the general
fund for the purpose of making appropriations for one or more of
the following purposes: public assistance, human or social
services, relief, welfare, hospitalization, health, and support
of general hospitals, and that the question of
such additional tax levy shall be submitted to the electors of
the subdivision at a general, primary, or special election to be
held at a time therein specified. Such resolution shall not
include a levy on the current tax list and duplicate unless such
election is to be held at or prior to the general election day of the current
tax year. Such
resolution shall conform to the requirements of section 5705.19
of the Revised Code, except that a levy to supplement the general
fund for the purposes of public assistance, human or social
services, relief, welfare, hospitalization, health, or the
support of general or tuberculosis hospitals may not be for a
longer period than ten years. All other levies under this
section may not be for a longer period than five years unless a
longer period is permitted by section 5705.19 of the Revised
Code, and the resolution shall specify the date of holding such
election, which shall not be earlier than seventy-five days after
the adoption and certification of such resolution. The
resolution shall go into immediate effect upon its passage and no
publication of the same is necessary other than that provided for
in the notice of election. A copy of such resolution,
immediately after its passage, shall be certified to the board of
elections of the proper county or counties in the manner provided
by section 5705.25 of the Revised Code, and such section shall
govern the arrangements for the submission of such question and
other matters with respect to such election, to which section
5705.25 of the Revised Code refers, excepting that such election
shall be held on the date specified in the resolution, which
shall be consistent with the requirements of section 3501.01 of
the Revised Code, provided that only one special election for the
submission of such question may be held in any one calendar year
and provided that a special election may be held upon the same
day a primary election is held. Publication of notice of such that
election shall be made in one or more newspapers of general
circulation in the county once a week for four two consecutive weeks prior to the election, and, if the board of elections operates and maintains a web site, the board of elections shall post notice of the election on its web site for thirty days prior to the election.
If a majority of the electors voting on the question vote in favor thereof, the
taxing authority
of the subdivision may make the necessary levy within such
subdivision at the additional rate or at any lesser rate outside
the ten-mill limitation on the tax list and duplicate for the
purpose stated in the resolution. Such tax levy shall be
included in the next annual tax budget that is certified to the
county budget commission.
After the approval of such a levy by
the
electors, the taxing authority of the subdivision may anticipate a
fraction
of the proceeds of such levy and issue anticipation notes. In
the case of a continuing levy that is not levied for the purpose of current
expenses, notes may be issued at any time after approval of the
levy in an amount
not more than fifty per cent of the total estimated proceeds of
the levy for the succeeding ten years, less an
amount equal to the fraction of the proceeds of the levy previously
anticipated by the issuance
of anticipation notes. In the case of a levy for a
fixed period that is not for the purpose of current expenses, notes may
be issued at any time after approval of the levy in an amount not more
than fifty per cent of the total estimated proceeds of the levy
throughout the remaining life of the levy, less an amount
equal to the fraction of the proceeds of the levy previously anticipated by
the issuance of anticipation notes. In the case
of a levy for current expenses, notes may be issued after the
approval of the levy by the electors and prior to the time when the
first tax collection from the levy can be made. Such notes may
be issued in an amount not more than fifty per cent of the total
estimated proceeds of the levy throughout the term of the levy
in the case of a levy for a fixed period, or fifty per cent of
the total estimated proceeds for the first ten years of the levy
in the case of a continuing levy.
No anticipation notes that increase the net
indebtedness of a county may be issued without the prior consent
of the board of county commissioners of that county. The notes
shall be issued as provided in section 133.24 of the Revised
Code, shall have principal payments during each year after the
year of their issuance over a period not exceeding the life of
the levy anticipated, and may have a principal payment in the
year of their issuance.
"Taxing authority" and "subdivision" have the same meanings
as in section 5705.01 of the Revised Code.
"Human or social services" includes a county's contributions to a multicounty board of mental retardation and developmental disabilities of which the county is a member.
This section is supplemental to and not in derogation of
sections 5705.20, 5705.21, and 5705.22 of the Revised Code.
Sec. 5705.194. The board of education of any city, local,
exempted village, cooperative education, or joint vocational
school district at any time may declare by resolution that
the
revenue that will be raised by all tax levies which the district
is authorized to impose, when combined with state and federal
revenues, will be insufficient to provide for the emergency
requirements of the school district or to avoid an operating
deficit, and that it is therefore necessary to levy an additional
tax in excess of the ten-mill limitation. The resolution
shall
be confined to a single purpose and shall specify that
purpose. If the levy is proposed to renew all or a portion of
the proceeds derived from one or more existing levies imposed
pursuant to this section, it shall be called a renewal levy and
shall be so designated on the ballot. If two or more
existing
levies are to be included in a single renewal levy
but are not scheduled to expire in the same
year, the resolution shall specify that the existing levies to be
renewed shall not be levied after the year preceding the year
in which the renewal levy is first imposed. Notwithstanding the original
purpose of
any one or more existing levies that are to be in any single
renewal levy, the purpose of the renewal levy may be either to
avoid an operating deficit or to provide for the emergency
requirements of the school district. The resolution shall
further specify the amount of money it is necessary to raise for
the specified purpose for each calendar year the millage is to be
imposed; if a renewal levy, whether the levy is to renew all, or
a portion of, the proceeds derived from one or more existing
levies; and the number of years in which the millage is to be in
effect, which may include a levy upon the current year's tax
list. The number of years may be any number not exceeding five.
The question shall be submitted at a special election on a date
specified in the resolution. The date shall not be earlier than
eighty days after the adoption and certification of the
resolution to the county auditor and shall be consistent with the
requirements of section 3501.01 of the Revised Code. A
resolution for a renewal levy shall not be placed on the ballot
unless the question is submitted on a date on which a special
election may be held under
division (D) of section 3501.01 of the Revised Code, except for the first
Tuesday after the first Monday in February and
August, during the last
year the levy to
be renewed may be extended on the real and public utility
property tax list and duplicate, or at any election held in the
ensuing year, except that if the resolution proposes renewing two or
more existing levies, the question shall be submitted on the date of the
general or primary election held during the last year at least one of the
levies to be renewed may be extended on that list and duplicate, or at any
election held during the ensuing year.
For purposes of this section, a levy shall be considered to be an
"existing levy" through the year following the last year it can be
placed on the real and public utility property tax list and
duplicate.
The submission of questions to the electors under this
section is subject to the limitation on the number of election
dates established by section 5705.214 of the Revised Code.
The resolution shall go into immediate effect upon its
passage, and no publication of the resolution shall be necessary
other than that provided for in the notice of election. A copy
of the resolution shall immediately after its passing be
certified to the county auditor of the proper county. Section
5705.195 of the Revised Code shall govern the arrangements for
the submission of questions to the electors under this
section and other matters concerning the
election. Publication of notice of the election shall be
made in one or more newspapers of general circulation in the county
once a week for three two consecutive weeks prior to the election, and, if the board of elections operates and maintains a web site, the board of elections shall post notice of the election on its web site for thirty days prior to the election. If a majority of the
electors voting on the question submitted in an election vote
in favor of the levy, the board of education of the school
district may make the additional levy necessary to
raise the amount specified in the resolution for the purpose
stated in the resolution. The tax levy shall be included
in the next tax budget that is certified to the county budget
commission.
After the approval of the levy and prior to the time when
the first tax collection from the levy can be made, the
board of
education may anticipate a fraction of the proceeds of the
levy
and issue anticipation notes in an amount not exceeding the total
estimated proceeds of the levy to be collected during the first
year of the levy.
The notes shall be issued as provided in section 133.24 of
the Revised Code, shall have principal payments during each year
after the year of their issuance over a period not to exceed five
years, and may have principal payment in the year of their
issuance.
Sec. 5705.196. The election provided for in section
5705.194 of the Revised Code shall be held at the regular places
for voting in the district, and shall be conducted, canvassed,
and certified in the same manner as regular elections in the
district for the election of county officers, provided that in
any such election in which only part of the electors of a
precinct are qualified to vote, the board of elections may assign
voters in such part to an adjoining precinct. Such an assignment
may be made to an adjoining precinct in another county with the
consent and approval of the board of elections of such other
county. Notice of the election shall be published in one or more
newspapers of general circulation in the district once a week for
three two consecutive weeks prior to the election, and, if the board of elections operates and maintains a web site, the board of elections shall post notice of the election on its web site for thirty days prior to the election. Such notice shall
state the annual proceeds of the proposed levy, the purpose for
which such proceeds are to be used, the number of years during
which the levy shall run, and the estimated average additional
tax rate expressed in dollars and cents for each one hundred
dollars of valuation as well as in mills for each one dollar of
valuation, outside the limitation imposed by Section 2 of Article
XII, Ohio Constitution, as certified by the county auditor.
Sec. 5705.21. (A) At any time, the board of education of
any city, local, exempted village, cooperative education, or
joint vocational school district, by a vote of two-thirds of all
its members, may declare by resolution that the amount of taxes
which may be raised within the ten-mill limitation by levies on
the current tax duplicate will be insufficient to provide an
adequate amount for the necessary requirements of the school
district, that it is necessary to levy a tax in excess of such
limitation for one of the purposes specified in division (A),
(D), (F), (H), or (DD) of section 5705.19 of the Revised Code,
for general permanent improvements, for the
purpose
of operating a cultural center, or for the purpose of
providing education technology, and that the question
of such
additional tax levy shall be submitted to the electors of the
school district at a special election on a day to be specified in
the resolution.
As used in this section, "cultural center" means a
freestanding building, separate from a public school building,
that is open to the public for educational, musical, artistic,
and cultural purposes; "education technology" means, but is
not limited to, computer hardware, equipment, materials, and
accessories, equipment used for two-way audio or video, and
software; and "general permanent improvements" means permanent improvements without regard to the limitation of division (F) of section 5705.19 of the Revised Code that the improvements be a specific improvement or a class of improvements that may be included in a single bond issue.
The submission of questions to the electors under this
section is subject to the limitation on the number of election
dates established by section 5705.214 of the Revised Code.
(B) Such resolution shall be confined to a single purpose
and shall specify the amount of the increase in rate that it is
necessary to levy, the purpose of the levy, and the
number of years
during which the increase in rate shall be in effect. The number
of years may be any number not exceeding five or, if the levy is
for current expenses of the district or for general
permanent improvements, for a continuing period of time. The
resolution shall specify the date of holding such election, which
shall not be earlier than seventy-five days after the adoption
and certification of the resolution and which shall be
consistent with the requirements of section 3501.01 of the
Revised Code.
The resolution may propose to renew one or more existing
levies imposed under this section or to increase or decrease a single levy
imposed under this section. If the board of education imposes one or more existing levies for the purpose specified in division (F) of section 5705.19 of the Revised Code, the resolution may propose to renew one or more of those existing levies, or to increase or decrease a single such existing levy, for the purpose of general permanent improvements. If the resolution proposes to renew two or more existing levies,
the levies shall be levied for the same purpose. The resolution shall
identify those levies and the rates at which they are levied. The
resolution also shall specify that the existing levies shall not
be extended on the tax lists after the year preceding the year in which the
renewal
levy is first imposed, regardless of the years for which those
levies originally were authorized to be levied.
The resolution shall go into immediate effect upon
its passage, and no publication of the resolution shall be
necessary other than that provided for in the notice of election. A copy of
the resolution shall immediately after its
passing be
certified to the board of elections of the proper county in the
manner provided by section 5705.25 of the Revised Code, and that
section shall govern the arrangements for the submission of such
question and other matters concerning such election, to which
that section refers, except that such election shall be held on
the date specified in the resolution. Publication of notice of
such that election shall be made in one or more newspapers of general
circulation in the county once a week for four two consecutive weeks prior to the election, and, if the board of elections operates and maintains a web site, the board of elections shall post notice of the election on its web site for thirty days prior to the election.
If a majority of the electors voting on the question so submitted
in an election vote in favor of the levy, the board of education
may make the necessary levy within the school district
at the additional rate, or at any lesser rate in excess of the
ten-mill limitation on the tax list, for the purpose stated in
the resolution. A levy for a continuing period of time may be
reduced pursuant to section 5705.261 of the Revised Code.
The tax levy shall be included in the next tax budget that is
certified to the county budget commission.
(C)(1) After the approval of a levy on the current tax
list and duplicate for current expenses, for recreational
purposes, for community centers provided for in section 755.16 of
the Revised Code, or for a public library of the district and
prior to the time when the first tax collection from the
levy
can be made, the board of education may anticipate a fraction of
the proceeds of the levy and issue anticipation notes in a
principal amount not exceeding fifty per cent of the total
estimated proceeds of the levy to be collected during the first
year of the levy.
(2) After the approval of a levy for general permanent improvements for a specified number of years, or for permanent
improvements having the purpose specified in division (F) of
section 5705.19 of the Revised Code, the board of education may
anticipate a fraction of the proceeds of the levy and issue
anticipation notes in a principal amount not exceeding fifty per
cent of the total estimated proceeds of the levy remaining to be
collected in each year over a period of five years after the
issuance of the notes.
The notes shall be issued as provided in section 133.24 of
the Revised Code, shall have principal payments during each year
after the year of their issuance over a period not to exceed five
years, and may have a principal payment in the year of their
issuance.
(3) After approval of a levy for general
permanent improvements for a continuing period of time, the board of education may anticipate a
fraction of the proceeds of the levy and issue anticipation
notes in a principal amount not exceeding fifty per cent of the
total estimated proceeds of the levy to be collected in each year
over a specified period of years, not exceeding ten, after the
issuance of the notes.
The notes shall be issued as provided in section 133.24 of
the Revised Code, shall have principal payments during each year
after the year of their issuance over a period not to exceed ten
years, and may have a principal payment in the year of their
issuance.
Sec. 5705.218. (A) The board of education of
a city,
local,
or exempted village school
district, at any time by a vote
of
two-thirds of all its members,
may declare by resolution that
it
may be necessary for the school district to
issue general
obligation bonds for permanent improvements. The resolution
shall
state all of the following:
(1) The necessity and purpose of the bond issue;
(2) The date of the special election at which the
question
shall be submitted to the electors;
(3) The amount, approximate date, estimated rate of
interest, and maximum number of years over which the principal
of
the bonds may be paid;
(4) The necessity of levying a tax outside the ten-mill
limitation to pay debt charges on the bonds and any anticipatory
securities.
On adoption of the resolution, the
board shall certify a copy
of it to the county auditor. The
county auditor promptly shall
estimate and certify to the board the
average annual property tax
rate required throughout the stated
maturity of the bonds to pay
debt charges on the bonds, in the
same manner as under division
(C) of section 133.18 of
the Revised Code.
(B) After receiving the county auditor's
certification under
division (A) of this section, the board of
education of the city,
local,
or exempted village school district, by a vote
of
two-thirds of all its members, may declare by resolution that
the
amount of taxes that can be raised within the ten-mill
limitation
will be insufficient to provide an adequate amount for
the present
and future requirements of the school district; that
it is
necessary to issue general obligation bonds of the school district
for permanent improvements and to levy an additional tax
in excess
of the ten-mill limitation to pay debt charges on the
bonds and
any anticipatory securities; that it is necessary for a specified
number of years or for a continuing period of time to levy
additional taxes in
excess of the ten-mill limitation to provide
funds for the acquisition,
construction, enlargement, renovation,
and financing of permanent improvements
or to pay for
current
operating expenses, or both; and that the question of
the bonds
and taxes shall be submitted to the electors of the school
district at a special election, which shall not be earlier than
seventy-five days after certification of the resolution to the
board of
elections, and the date of which shall be consistent with
section 3501.01 of
the Revised Code. The resolution shall specify
all of the
following:
(1) The county auditor's estimate of the average annual
property tax rate
required throughout the stated maturity of the
bonds to pay debt charges
on the bonds;
(2) The proposed rate of the tax, if any, for current
operating expenses,
the first year the tax will be levied, and the
number of years it will be levied, or that it will be levied for a
continuing period of time;
(3) The proposed rate of the tax, if any, for permanent
improvements, the
first year the tax will be levied, and the
number of years it will be levied,
or that it will be levied for a
continuing period of time.
The resolution shall apportion the annual rate of the tax
between current
operating expenses and permanent improvements, if
both taxes are
proposed. The apportionment may but need not be
the same for each year of the
tax, but the respective portions of
the rate actually levied each year for
current operating expenses
and permanent improvements shall be limited by the
apportionment.
The resolution shall go into immediate effect upon its
passage,
and no publication of it is necessary other than that provided in
the
notice of election. The board of education shall certify a
copy
of the resolution, along with copies of the auditor's
estimate
and its resolution under division (A) of this section, to
the board of elections immediately after its adoption.
(C) The board of elections shall make the
arrangements for
the submission of the question to the electors
of the school
district, and the election shall be conducted,
canvassed, and
certified in the same manner as regular elections
in the district
for the election of county officers. The
resolution shall be put
before the electors as one ballot
question, with a favorable vote
indicating approval of the
bond issue, the levy to pay debt
charges on the bonds and any anticipatory
securities, the current
operating expenses levy, and the permanent
improvements levy, if
either or both levies are proposed. The board of
elections shall
publish notice of the election in one or more
newspapers of
general circulation in the school district once a week for
four
two consecutive weeks prior to the election, and, if a board of elections operates and maintains a web site, that board also shall post notice of the election on its web site for thirty days prior to the election. The notice of election shall state all of the
following:
(1) The principal amount of the proposed bond issue;
(2) The permanent improvements for which the
bonds are to be
issued;
(3) The maximum number of years over which the
principal of
the bonds may be paid;
(4) The estimated additional average annual property
tax
rate to pay the debt charges on the bonds, as certified by
the
county auditor;
(5) The proposed rate of the additional tax, if any, for
current operating
expenses;
(6) The number of years the current operating expenses
tax
will be in effect, or that it will be in effect for a
continuing
period of time;
(7) The proposed rate of the additional tax, if any, for
permanent
improvements;
(8) The number of years the permanent improvements tax will
be in effect,
or that it will be in effect for a continuing period
of time;
(9) The time and place of the special election.
(D) The form of the ballot for an election
under this
section is as follows:
"Shall the .......... school district be authorized to
do the
following:
(1) Issue bonds for the purpose of .......... in the
principal amount of $......, to be repaid annually over a
maximum
period of ...... years, and levy a property tax outside the
ten-mill
limitation, estimated by the county auditor to average
over the bond repayment
period ...... mills
for each one dollar of
tax valuation, which amounts to ......
(rate expressed in cents or
dollars and cents, such as
"36 cents" or
"$1.41") for each $100 of
tax valuation, to pay the annual debt
charges on the bonds, and to
pay debt charges on any notes issued in
anticipation of those
bonds?"
If either a levy for permanent improvements or a levy for
current operating
expenses is proposed, or both are proposed, the
ballot also shall contain the
following language, as appropriate:
"(2) Levy an additional property tax to provide funds for
the acquisition,
construction, enlargement, renovation, and
financing of permanent improvements
at a rate not exceeding
....... mills for each one dollar of tax valuation,
which amounts
to ....... (rate expressed in cents or dollars and cents) for
each
$100 of tax valuation, for ...... (number of years of the
levy, or
a continuing period of time)?
(3) Levy an additional property tax to pay current operating
expenses at a rate not exceeding ....... mills for each one dollar
of tax
valuation, which amounts to ....... (rate expressed in
cents or dollars and
cents) for each $100 of tax valuation, for
....... (number of years of the
levy, or a continuing period of
time)?
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FOR THE BOND ISSUE AND LEVY (OR LEVIES) |
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AGAINST THE BOND ISSUE AND LEVY (OR LEVIES) |
" |
(E) The board of elections promptly shall certify the
results of
the election to the tax commissioner and the county
auditor of the county in
which the school district is located. If
a majority of the electors voting on
the question vote for it, the
board of education may proceed
with issuance of the bonds and with
the levy and collection of the property
tax or taxes at the
additional rate or any lesser rate in excess of the ten-mill
limitation. Any securities issued by the board of education
under
this section are Chapter 133. securities, as that
term is defined
in section 133.01 of the Revised
Code.
(F)(1) After the approval of a tax for current operating
expenses
under this
section and prior to the time the first
collection and distribution from the
levy can be made, the board
of education may anticipate a fraction of the
proceeds of such
levy
and issue anticipation notes in a principal amount not
exceeding
fifty per cent of the total estimated proceeds of the
tax to be collected
during the first year of the levy.
(2) After the approval of a tax under this section for
permanent improvements having a specific purpose, the board of
education may anticipate a fraction of the proceeds of such tax
and issue anticipation notes in a principal amount not exceeding
fifty per cent of the total estimated proceeds of the tax
remaining to be collected in each year over a period of five
years
after issuance of the notes.
(3) After the approval of a tax for general, on-going
permanent improvements under this section, the board of
education
may anticipate a fraction of the proceeds of such tax
and issue
anticipation notes in a principal amount not exceeding
fifty per
cent of the total estimated proceeds of the tax to be
collected in
each year over a specified period of years, not
exceeding ten,
after issuance of the notes.
Anticipation notes under this section shall be
issued as
provided in section 133.24 of the Revised
Code. Notes issued
under division (F)(1) or (2) of this
section shall have principal
payments during each year
after the year of their issuance over a
period not to exceed five
years, and may have a principal payment
in the year of their
issuance. Notes issued under division
(F)(3)
of this section shall
have principal payments during each year
after the year of their
issuance over a period not to exceed ten
years, and may have a
principal payment in the year of their
issuance.
(G) A tax for current operating expenses or for permanent
improvements levied
under this section for a specified number of
years may be renewed
or replaced in the same manner as a tax for
current operating
expenses or for permanent improvements levied
under section 5705.21 of the
Revised Code. A tax for current
operating expenses or for
permanent improvements levied under this
section for a continuing period of
time may be decreased in
accordance with section 5705.261 of the
Revised Code.
(H) The submission of a question to the
electors under this
section is subject to the limitation on the
number of elections
that can be held in a year under section
5705.214 of the Revised
Code.
(I) A school district board of education proposing a ballot
measure under this section to generate local resources for a
project under the school building assistance expedited local
partnership program under section 3318.36 of the Revised Code may
combine the questions under division (D) of this section with a
question for the levy of a property tax to generate moneys for
maintenance of the classroom facilities acquired under that
project as prescribed in section 3318.361 of the Revised Code.
Sec. 5705.25. (A) A copy of any resolution adopted as
provided in section 5705.19 of the Revised Code shall be
certified
by the taxing authority to the board of elections of
the proper
county not less than seventy-five days before the
general election
in any year, and the board shall submit the
proposal to the
electors of the subdivision at the succeeding
November election.
Except as otherwise provided in this
division, a resolution to
renew an existing levy, regardless of
the section of the Revised
Code under which the tax was imposed,
shall not be placed on the
ballot unless the question is
submitted at the general election
held during the last year the
tax to be renewed or replaced may be
extended on the real and
public utility property tax list and
duplicate, or at any
election held in the ensuing year. The
limitation of the
foregoing sentence does not apply to a
resolution
to renew and
increase or to renew part of an existing
levy that was imposed
under section 5705.191 of the Revised Code
to supplement the
general fund for the purpose of making
appropriations for one or
more of the following purposes: for
public assistance, human or
social services, relief, welfare,
hospitalization, health, and
support of general hospitals.
The
limitation of the second preceding sentence also does not
apply to
a resolution that proposes to renew two or more existing levies
imposed under section 5705.21 of the Revised Code, in which case
the question shall be submitted on the date of the general or
primary election held during the last year at least one of the
levies to be
renewed may be extended on the real and public
utility property tax list and
duplicate, or at any election held
during the ensuing year. For
purposes of this section, a levy
shall be considered to be an
"existing levy" through the year
following the last year it can be
placed on that tax list and
duplicate.
The board shall
make the necessary arrangements for the
submission of such
questions to the electors of such subdivision,
and the election
shall be conducted, canvassed, and certified in
the same manner
as regular elections in such subdivision for the
election of
county officers. Notice of the election shall be
published in a
newspaper of general circulation in the subdivision
once a week
for four two consecutive weeks prior to the election,
stating and, if the board of elections operates and maintains a web site, the board of elections shall post notice of the election on its web site for thirty days prior to the election. The notice shall state the
purpose, the proposed increase in rate, expressed in
dollars and
cents for each one hundred dollars of valuation as
well as in
mills for each one dollar of valuation, the number of
years
during which the increase will be in effect, the first
month
and year in which the
tax will be levied, and the time and place
of the election.
(B) The form of the ballots cast at an election held
pursuant to division (A) of this section shall be as follows:
"An additional tax for the benefit of (name of subdivision
or
public library) .......... for the purpose of (purpose stated
in
the resolution) .......... at a rate not exceeding ......
mills
for each one dollar of valuation, which amounts to (rate
expressed
in dollars and cents) ............ for each one hundred
dollars of
valuation, for ...... (life of indebtedness or number
of years the
levy is to run).
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For the Tax Levy |
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Against the Tax Levy |
" |
(C) If the levy is to be in effect for a continuing period
of time, the notice of election and the form of ballot shall so
state instead of setting forth a specified number of years for
the
levy.
If the tax is to be placed on the current tax list, the form
of the
ballot shall be modified by adding, after the statement of
the number of years
the levy is to run, the phrase
", commencing
in
.......... (first year the tax
is to be levied), first due in
calendar year .......... (first
calendar year in which the tax
shall be due)."
If the levy submitted is a proposal to renew, increase, or
decrease an existing levy, the form of the ballot specified in
division (B) of this section may be changed by substituting for
the words
"An additional" at the beginning of the form, the
words
"A renewal of a" in case of a proposal to renew an existing levy
in the same amount; the words
"A renewal of ........ mills and an
increase of ...... mills to constitute a" in the case of an
increase; or the words
"A renewal of part of an existing levy,
being a reduction of ...... mills, to constitute a" in the case
of
a decrease in the proposed levy.
If the levy submitted is a proposal to renew two or more
existing
levies imposed under section 5705.21 of the Revised Code,
the form
of the ballot specified in division (B) of this section
shall be
modified by substituting for the words
"an additional
tax" the words
"a
renewal of ....(insert the
number of levies to
be renewed) existing taxes."
The question covered by such resolution shall be submitted
as
a separate proposition but may be printed on the same ballot
with
any other proposition submitted at the same election, other
than
the election of officers. More than one such question may
be
submitted at the same election.
(D) A levy voted in excess of the ten-mill limitation
under
this section shall be certified to the tax commissioner.
In the
first year of the levy, it shall be extended on the
tax lists
after the February settlement succeeding the
election. If the
additional tax is to be placed upon the
tax list of the current
year, as specified in the resolution
providing for its submission,
the result of the election shall be
certified immediately after
the canvass by the board of elections
to the taxing authority, who
shall make the necessary
levy and certify it to the county
auditor, who shall extend it on
the tax lists for collection.
After the first year, the tax levy
shall be included in the annual
tax budget that is certified to
the county budget commission.
Sec. 5705.251. (A) A copy of a resolution adopted under
section 5705.212 or 5705.213 of the Revised Code shall be
certified by the board of education to the board of elections of
the proper county not less than seventy-five days before the date
of the election specified in the resolution, and the board of
elections shall submit the proposal to the electors of the school
district at a special election to be held on that date. The
board
of elections shall make the necessary arrangements for the
submission of the question or questions to the electors of the
school district, and the election shall be conducted, canvassed,
and certified in the same manner as regular elections in the
school district for the election of county officers. Notice of
the election shall be published in a newspaper of general
circulation in the subdivision once a week for four two consecutive
weeks prior to the election, and, if the board of elections operates and maintains a web site, the board of elections shall post notice of the election on its web site for thirty days prior to the election.
(1) In the case of a resolution adopted under section
5705.212 of the Revised Code, the notice shall state separately,
for each tax being proposed, the purpose; the proposed increase
in
rate, expressed in dollars and cents for each one hundred
dollars
of valuation as well as in mills for each one dollar of
valuation;
the number of years during which the increase will be
in effect;
and the first calendar year in which the tax will
be due. For an
election on the question of a renewal levy,
the notice shall state
the purpose; the proposed rate, expressed
in dollars and cents for
each one hundred dollars of valuation as
well as in mills for each
one dollar of valuation; and the number
of years the tax will be
in effect.
(2) In the case of a resolution adopted under section
5705.213 of the Revised Code, the notice shall state the purpose;
the amount proposed to be raised by the tax in the first year it
is levied; the estimated average additional tax rate for the
first
year it is proposed to be levied, expressed in mills for
each one
dollar of valuation and in dollars and cents for each
one hundred
dollars of valuation; the number of years during
which the
increase will be in effect; and the first calendar year in
which
the tax will be due.
The notice also shall state the amount by
which the amount to be raised by the
tax may be increased in each
year after the first year. The amount of
the allowable increase
may be expressed in terms of a dollar
increase over, or a
percentage of, the amount raised by the tax
in the immediately
preceding year. For an election on the
question of a renewal
levy, the notice shall state the purpose;
the amount proposed to
be raised by the tax; the estimated tax
rate, expressed in mills
for each one dollar of valuation and in
dollars and cents for each
one hundred dollars of valuation; and
the number of years the tax
will be in effect.
In any case, the notice also shall state the time and place
of the election.
(B) The form of the ballot in an election on taxes
proposed
under section 5705.212 of the Revised Code shall be as
follows:
"Shall the .......... school district be authorized to levy
taxes for current expenses, the aggregate rate of which may
increase in ...... (number) increment(s) of not more than ......
mill(s) for each dollar of valuation, from an original rate of
...... mill(s) for each dollar of valuation, which amounts to
...... (rate expressed in dollars and cents) for each one hundred
dollars of valuation, to a maximum rate of ...... mill(s) for
each
dollar of valuation, which amounts to ...... (rate expressed
in
dollars and cents) for each one hundred dollars of valuation?
The
original tax is first proposed to be levied in ...... (the
first
year of the tax), and the incremental tax in ...... (the
first
year of the increment) (if more than one incremental tax is
proposed in the resolution, the first year that each incremental
tax is proposed to be levied shall be stated in the preceding
format, and the increments shall be referred to as the first,
second, third, or fourth increment, depending on their number).
The aggregate rate of tax so authorized will .......... (insert
either, "expire with the original rate of tax which shall be in
effect for ...... years" or "be in effect for a continuing period
of time").
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FOR THE TAX
LEVYS
LEVIES |
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AGAINST THE TAX
LEVYS
LEVIES |
" |
The form of the ballot in an election on the question of a
renewal levy under section 5705.212 of the Revised Code shall be
as follows:
"Shall the ......... school district be authorized to renew
a
tax for current expenses at a rate not exceeding .........
mills
for each dollar of valuation, which amounts to .........
(rate
expressed in dollars and cents) for each one hundred
dollars of
valuation, for .......... (number of years the levy
shall be in
effect, or a continuing period of time)?
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FOR THE TAX LEVY |
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AGAINST THE TAX LEVY |
" |
If the tax is to be placed on the current tax list, the form
of the ballot
shall be modified by adding, after the statement of
the number of years the
levy is to be in effect, the phrase ",
commencing in
.......... (first year the
tax is to be levied),
first due in calendar year .......... (first
calendar year in
which the tax shall be due)."
(C) The form of the ballot in an election on a tax
proposed
under section 5705.213 of the Revised Code shall be as
follows:
"Shall the ........ school district be authorized to levy
the
following tax for current expenses? The tax will first be
levied
in ...... (year) to raise ...... (dollars). In the ......
(number
of years) following years, the tax will increase by not
more than
...... (per cent or dollar amount of increase) each
year, so that,
during ...... (last year of the tax), the tax will
raise
approximately ...... (dollars). The county auditor
estimates that
the rate of the tax per dollar of valuation will
be ......
mill(s), which amounts to $..... per one hundred
dollars of
valuation,
both during ...... (first year of the tax) and ......
mill(s),
which amounts to $...... per one hundred dollars of
valuation, during ......
(last year of the tax). The tax will not
be levied after ......
(year).
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FOR THE TAX LEVY |
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AGAINST THE TAX LEVY |
" |
The form of the ballot in an election on the question of a
renewal levy under section 5705.213 of the Revised Code shall be
as follows:
"Shall the ......... school district be authorized to renew
a
tax for current expenses which will raise ......... (dollars),
estimated by the county auditor to be ......... mills for each
dollar of valuation, which amounts to ......... (rate expressed
in
dollars and cents) for each one hundred dollars of valuation?
The
tax shall be in effect for ......... (the number of years the
levy
shall be in effect, or a continuing period of time).
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FOR THE TAX LEVY |
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AGAINST THE TAX LEVY |
" |
If the tax is to be placed on the current tax list, the form
of the ballot
shall be modified by adding, after the statement of
the number of years the
levy is to be in effect, the phrase ",
commencing in
.......... (first year the
tax is to be levied),
first due in calendar year .......... (first
calendar year in
which the tax shall be due)."
(D) The question covered by a resolution adopted under
section 5705.212 or 5705.213 of the Revised Code shall be
submitted as a separate question, but may be printed on the same
ballot with any other question submitted at the same election,
other than the election of officers. More than one question may
be submitted at the same election.
(E) Taxes voted in excess of the ten-mill limitation under
division (B) or (C) of this section shall be certified to the tax
commissioner. If an additional tax is to be placed upon the tax
list of the current year, as specified in the resolution
providing
for its submission, the result of the election shall be
certified
immediately after the canvass by the board of elections
to the
board of education. The board of education immediately
shall make
the necessary levy and certify it to the county
auditor, who shall
extend it on the tax list for collection.
After the first year,
the levy shall be included in the annual
tax budget that is
certified to the county budget commission.
Sec. 5705.261. The question of decrease of an increased
rate of levy approved for a continuing period of time by the
voters of a subdivision may be initiated by the filing of a
petition with the board of elections of the proper county not
less than seventy-five days before the general election in any
year requesting that an election be held on such question. Such
petition shall state the amount of the proposed decrease in the
rate of levy and shall be signed by qualified electors residing in the
subdivision equal in number to at least ten per cent of the
total
number of votes cast in the subdivision for the office of governor at the
most recent general election for that
office. Only one such petition may be filed
during each five-year period following the election at which the
voters approved the increased rate for a continuing period of
time.
After determination by it that such petition is valid, the
board of elections shall submit the question to the electors of
the district at the succeeding general election. The
election shall be conducted, canvassed, and certified in the same
manner as regular elections in such subdivision for county
offices. Notice of the election shall be published in a
newspaper of general circulation in the district once a week for
four two consecutive weeks prior to the election, stating and, if the board of elections operates and maintains a web site, the board of elections shall post notice of the election on its web site for thirty days prior to the election. The notice shall state the
purpose, the amount of the proposed decrease in rate, and the time
and place of the election. The form of the ballot cast at such
election shall be prescribed by the secretary of state. The
question covered by such petition shall be submitted as a
separate proposition but it may be printed on the same ballot
with any other propositions submitted at the same election other
than the election of officers. If a majority of the qualified
electors voting on the question of a decrease at such election
approve the proposed decrease in rate, the result of the election
shall be certified immediately after the canvass by the board of
elections to the subdivision's taxing authority, which shall
thereupon, after the current year, cease to levy such increased
rate or levy such tax at such reduced rate upon the duplicate of
the subdivision. If notes have been issued in anticipation of
the collection of such levy, the taxing authority shall continue
to levy and collect under authority of the election authorizing
the original levy such amounts as will be sufficient to pay the
principal of and interest on such anticipation notes as the same
fall due.
Sec. 5705.71. (A) The electors of a county may initiate
the question of a tax levy for support of senior citizens
services or facilities by the filing of a petition with the board
of elections of that county not less than seventy-five days
before the date of any primary or general election requesting
that an election be held on such question. The petition shall be
signed by at least ten per cent of the qualified electors
residing in the county and voting for the office of governor at
the last general election.
(B) The petition shall state the purpose for which the
senior citizens tax levy is being proposed, shall specify the
amount of the proposed increase in rate, the period of time
during which the increase is to be in effect, and whether the
levy is to be imposed in the current year. The number of years
may be any number not exceeding five, except that when the
additional rate is for the payment of debt charges the increased
rate shall be for the life of the indebtedness.
(C) After determination by it that such petition is valid,
the board of elections shall submit the question to the electors
of the county at the succeeding primary or general
election.
(D) The election shall be conducted, canvassed, and
certified in the same manner as regular elections in such county
for county offices. Notice of the election shall be published in
a newspaper of general circulation in the county once a week for
four two consecutive weeks prior to the election, stating and, if the board of elections operates and maintains a web site, the board of elections shall post notice of the election on its web site for thirty days prior to the election. The notice shall state the
purpose, the amount of the proposed increase in rate, and the
time and place of the election.
(E) The form of the ballot cast at such election shall be
prescribed by the secretary of state. If the tax is to be placed on the
tax list of the current tax year, the form of the ballot shall include a
statement to that effect and shall indicate the first
calendar year
the tax
will be due. The question covered by such petition
shall be submitted as a separate proposition but it may be printed on the same
ballot with any other propositions submitted at the same election other than
the election of officers.
(F) If a majority of electors voting on the question vote
in favor of the levy, the board of county commissioners shall
levy a tax, for the period and the purpose stated within the
petition. If the tax is to be placed upon the tax list of the
current year, as specified in the petition, the result of the
election shall be certified immediately after the canvass by the
board of elections to the board of county commissioners, which
shall forthwith make the necessary levy and certify it to the
county auditor, who shall extend it on the tax list for
collection. After the first year, the tax levy shall be included
in the annual tax budget that is certified to the county budget
commission.
Sec. 5739.022. (A) The question of repeal of either a
county permissive tax or an increase in the rate of a county
permissive tax that was adopted as an emergency measure pursuant
to section 5739.021 or 5739.026 of the Revised Code may be
initiated by filing with the board of elections of the county not
less than seventy-five days before the general election in any
year a petition requesting that an election be held on the
question. The question of repealing an increase in the rate of
the county permissive tax shall be submitted to the electors as a
separate question from the repeal of the tax in effect prior to
the increase in the rate. Any petition filed under this section
shall be signed by qualified electors residing in the county
equal
in number to ten per cent of those voting for governor at
the most
recent gubernatorial election.
After determination by it that the petition is valid, the
board of elections shall submit the question to the electors of
the county at the next general election. The election shall be
conducted, canvassed, and certified in the same manner as regular
elections for county offices in the county. The board of
elections shall notify the tax commissioner, in writing, of the
election upon determining that the petition is valid. Notice of
the election shall also be published in a newspaper of general
circulation in the district once a week for four two consecutive
weeks
prior to the election, stating and, if the board of elections operates and maintains a web site, the board of elections shall post notice of the election on its web site for thirty days prior to the election. The notice shall state the purpose, the time, and
the
place of the election. The form of the ballot cast at the
election shall be prescribed by the secretary of state; however,
the ballot question shall read,
"shall the tax (or, increase in
the rate of the tax) be retained?
The question covered by the petition shall be submitted as a
separate proposition, but it may be printed on the same ballot
with any other proposition submitted at the same election other
than the election of officers.
(B) If a majority of the qualified electors voting on the
question of repeal of either a county permissive tax or an
increase in the rate of a county permissive tax approve the
repeal, the board of elections shall notify the board of county
commissioners and the tax commissioner of the result of the
election immediately after the result has been declared. The
board of county commissioners shall, on the first day of the
calendar quarter following the expiration of sixty-five days after the date
the board and the tax commissioner receive the notice, in the case of a repeal of a county
permissive tax,
cease to levy the tax, or, in the case of a
repeal of an increase
in the rate of a county permissive tax,
levy the tax at the rate
at which it was imposed immediately
prior to the increase in rate
and cease to levy the increased
rate.
(C) Upon receipt from a board of elections of a notice of the results of an election required by division (B) of this section, the tax commissioner shall provide notice of a tax repeal or rate change in a manner that is reasonably accessible to all affected vendors. The commissioner shall provide this notice at least sixty days prior to the effective date of the rate change. The commissioner, by rule, may establish the method by which notice will be provided.
(D) If a vendor that is registered with the central electronic registration system provided for in section 5740.05 of the Revised Code makes a sale in this state by printed catalog and the consumer computed the tax on the sale based on local rates published in the catalog, any tax repealed or rate changed under this section shall not apply to such a sale until the first day of a calendar quarter following the expiration of one hundred twenty days from the date of notice by the tax commissioner pursuant to division (C) of this section.
Sec. 5748.02. (A) The board of education of any school
district, except a joint vocational school district,
may declare, by resolution, the necessity of raising annually a
specified amount of money for school district purposes. The resolution shall specify whether the income that is to be subject to the tax is taxable income of individuals and estates as defined in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised Code or taxable income of individuals as defined in division (E)(1)(b) of that section. A copy
of the resolution shall be certified to the tax commissioner no
later than eighty-five days prior to the date of the election at
which the board intends to propose a levy under this section.
Upon receipt of the copy of the resolution, the tax commissioner
shall estimate both of the following:
(1) The property tax rate that would have to be imposed in
the current year by the district to produce an equivalent amount
of money;
(2) The income tax rate that would have had to have been
in effect for the current year to produce an equivalent amount of
money from a school district income tax.
Within ten days of receiving the copy of the board's
resolution, the commissioner shall prepare these estimates and
certify them to the board. Upon receipt of the certification,
the board may adopt a resolution proposing an income tax under
division (B) of this section at the estimated rate contained in
the certification rounded to the nearest one-fourth of one per
cent. The commissioner's certification applies only to the
board's proposal to levy an income tax at the election for which
the board requested the certification. If the board intends to
submit a proposal to levy an income tax at any other election, it
shall request another certification for that election in the
manner prescribed in this division.
(B)(1) Upon the receipt of a certification from the tax
commissioner under division (A) of this section, a majority of
the members of a board of education may adopt a resolution
proposing the levy of an annual tax for school district purposes
on school district income. The
proposed levy may be for a continuing period of time or for a
specified number of years. The resolution shall set forth the
purpose for which the tax is to be imposed, the rate of the tax,
which shall be the rate set forth in the commissioner's
certification rounded to the nearest one-fourth of one per cent,
the number of years the tax will be levied or that it will be
levied for a continuing period of time, the date on which the tax
shall take effect, which shall be the first day of January of any
year following the year in which the question is submitted, and
the date of the election at which the proposal shall be submitted
to the electors of the district, which shall be on the date of a
primary, general, or special election the date of which is
consistent with section 3501.01 of the Revised Code. The resolution shall specify whether the income that is to be subject to the tax is taxable income of individuals and estates as defined in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised Code or taxable income of individuals as defined in division (E)(1)(b) of that section. The specification shall be the same as the specification in the resolution adopted and certified under division (A) of this section. If
the board of education currently imposes an income tax pursuant
to this chapter that is due to expire and
a question is submitted under this section for a proposed income tax to take
effect upon the expiration of the existing tax,
the board may specify in the resolution that the proposed tax renews the
expiring tax and is not an additional income tax, provided that the tax rate
being proposed is no higher than the tax rate that is currently imposed.
(2) A board of education adopting a resolution under
division (B)(1) of this section proposing a school district
income tax for a continuing period of time and limited to the
purpose of current expenses may propose in that resolution to
reduce the rate or rates of one or more of the school district's
property taxes levied for a continuing period of time in excess
of the ten-mill limitation for the purpose of current expenses.
The reduction in the rate of a property tax may be any amount,
expressed in mills per one dollar in valuation, not exceeding the
rate at which the tax is authorized to be levied. The reduction
in the rate of a tax shall first take effect for the tax year
that includes the day on which the school district income tax
first takes effect, and shall continue for each tax year that
both the school district income tax and the property tax levy are
in effect.
In addition to the matters required to be set forth in the
resolution under division (B)(1) of this section, a resolution
containing a proposal to reduce the rate of one or more property
taxes shall state for each such tax the maximum rate at which it
currently may be levied and the maximum rate at which the tax
could be levied after the proposed reduction, expressed in mills
per one dollar in valuation, and that the tax is levied for a
continuing period of time.
If a board of education proposes to reduce the rate of one
or more property taxes under division (B)(2) of this section, the
board, when it makes the certification required under division
(A) of this section, shall designate the specific levy or levies
to be reduced, the maximum rate at which each levy currently is
authorized to be levied, and the rate by which each levy is
proposed to be reduced. The tax commissioner, when making the
certification to the board under division (A) of this section,
also shall certify the reduction in the total effective tax rate
for current expenses for each class of property that would have
resulted if the proposed reduction in the rate or rates had been
in effect the previous tax year. As used in this paragraph,
"effective tax rate" has the same meaning as in section 323.08 of
the Revised Code.
(C) A resolution adopted under division (B) of this
section shall go into immediate effect upon its passage, and no
publication of the resolution shall be necessary other than that
provided for in the notice of election. Immediately after its
adoption and at least seventy-five days prior to the election at
which the question will appear on the ballot, a copy of the
resolution shall be certified to the board of elections of the
proper county, which shall submit the proposal to the electors on
the date specified in the resolution. The form of the ballot
shall be as provided in section 5748.03 of the Revised Code.
Publication of notice of the election shall be made in one or
more newspapers of general circulation in the county once a week
for four two consecutive weeks prior to the election, and, if the board of elections operates and maintains a web site, the board of elections shall post notice of the election on its web site for thirty days prior to the election. The notice shall contain the time
and place of the election and the question to be submitted to the
electors. The question covered by the resolution shall be
submitted as a separate proposition, but may be printed on the
same ballot with any other proposition submitted at the same
election, other than the election of officers.
(D) No board of education shall submit the question of a
tax on school district income to the electors of the district
more than twice in any calendar year. If a board submits the
question twice in any calendar year, one of the elections on the
question shall be held on the date of the general election.
Sec. 5748.04. (A) The question of the repeal of a school
district income tax levied for more than five years may be
initiated not more than once in any five-year period by filing
with the board of elections of the appropriate counties not later
than seventy-five days before the general election in any year
after the year in which it is approved by the electors a petition
requesting that an election be held on the question. The
petition
shall be signed by qualified electors residing in the
school
district levying the income tax equal in number to ten per
cent of
those voting for governor at the most recent
gubernatorial
election.
The board of elections shall determine whether the petition
is valid, and if it so determines, it shall submit the question
to
the electors of the district at the next general election.
The
election shall be conducted, canvassed, and certified in the
same
manner as regular elections for county offices in the
county.
Notice of the election shall be published in a newspaper
of
general circulation in the district once a week for four
two consecutive weeks prior to the election, stating and, if the board of elections operates and maintains a web site, the board of elections shall post notice of the election on its web site for thirty days prior to the election. The notice shall state the purpose, the
time, and the place of the election. The form of the ballot cast
at the election shall be as follows:
"Shall the annual income tax of ..... per cent, currently
levied on the school district income of individuals and estates
by
.......... (state the name of the school district) for the
purpose
of .......... (state purpose of the tax), be repealed?
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For repeal of the income tax |
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Against repeal of the income tax |
" |
(B)(1) If the tax is imposed on taxable income as defined in division (E)(1)(b) of section 5748.01 of the Revised Code, the form of the ballot shall be modified by stating that the tax currently is levied on the "earned income of individuals residing in the school district" in lieu of the "school district income of individuals and estates."
(2) If the rate of one or more property tax levies was reduced
for the duration of the income tax levy pursuant to division
(B)(2) of section 5748.02 of the Revised Code, the form of the
ballot shall be modified by adding the following language
immediately after
"repealed":
", and shall the rate of an
existing tax on property for the purpose of current expenses,
which rate was reduced for the duration of the income tax, be
INCREASED from ..... mills to ..... mills per one dollar of
valuation beginning in ..... (state the first year for which the
rate of the property tax will increase)." In lieu of
"for repeal
of the income tax" and
"against repeal of the income tax," the
phrases
"for the issue" and
"against the issue," respectively,
shall be substituted.
(3) If the rate of more than one property tax was reduced for
the
duration of the income tax, the ballot language shall be
modified
accordingly to express the rates at which those taxes
currently
are levied and the rates to which the taxes would be
increased.
(C) The question covered by the petition shall be submitted as
a
separate proposition, but it may be printed on the same ballot
with any other proposition submitted at the same election other
than the election of officers. If a majority of the qualified
electors voting on the question vote in favor of it, the result
shall be certified immediately after the canvass by the board of
elections to the board of education of the school district and
the
tax commissioner, who shall thereupon, after the current
year,
cease to levy the tax, except that if notes have been
issued
pursuant to section 5748.05 of the Revised Code the tax
commissioner shall continue to levy and collect under authority
of
the election authorizing the levy an annual amount, rounded
upward
to the nearest one-fourth of one per cent, as will be
sufficient
to pay the debt charges on the notes as they fall due.
(D) If a school district income tax repealed pursuant to this
section was approved in conjunction with a reduction in the rate
of one or more school district property taxes as provided in
division (B)(2) of section 5748.02 of the Revised Code, then each
such property tax may be levied after the current year at the
rate
at which it could be levied prior to the reduction, subject
to any
adjustments required by the county budget commission
pursuant to
Chapter 5705. of the Revised Code. Upon the repeal
of a school
district income tax under this section, the board of
education may
resume levying a property tax, the rate of which
has been reduced
pursuant to a question approved under section
5748.02 of the
Revised Code, at the rate the board originally was
authorized to
levy the tax. A reduction in the rate of a
property tax under
section 5748.02 of the Revised Code is a
reduction in the rate at
which a board of education may levy that
tax only for the period
during which a school district income tax
is levied prior to any
repeal pursuant to this section. The
resumption of the authority
to levy the tax upon such a repeal
does not constitute a tax
levied in excess of the one per cent
limitation prescribed by
Section 2 of Article XII, Ohio
Constitution, or in excess of the
ten-mill limitation.
(E) This section does not apply to school district income tax
levies that are levied for five or fewer years.
Sec. 5748.08. (A) The
board of education of a city, local,
or exempted village school
district, at any time by a vote of
two-thirds of all its
members, may declare by resolution that it
may be necessary for
the school district to do all of the
following:
(1) Raise a specified amount of money for school district
purposes by levying an annual tax on school district income;
(2) Issue general obligation bonds for permanent
improvements, stating in the resolution the necessity and purpose
of
the bond issue and the amount, approximate date, estimated rate
of interest, and maximum number of years over which the
principal
of the bonds may be paid;
(3) Levy a tax outside the ten-mill limitation to pay
debt
charges on the bonds and any anticipatory
securities;
(4) Submit the question of the school district income tax
and bond issue to the electors of the district at a special
election.
The resolution shall specify whether the income that is to be subject to the tax is taxable income of individuals and estates as defined in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised Code or taxable income of individuals as defined in division (E)(1)(b) of that section.
On adoption of the resolution, the board shall certify a
copy
of it to the tax commissioner and the county auditor no
later than
ninety days prior to the date of the special
election at which the
board intends to propose the income tax
and bond issue. Not later
than ten days of receipt of the
resolution, the tax commissioner,
in the same manner as required
by division (A) of section 5748.02
of the Revised
Code, shall estimate the rates
designated in
division divisions (A)(1)
and (2) of that section and certify them to the
board. Not
later than ten days of receipt of the resolution, the
county
auditor shall estimate and certify to the board the average
annual property tax rate required throughout the stated maturity
of the bonds to pay debt charges on the bonds, in the same
manner
as under division (C) of section 133.18 of the Revised Code.
(B) On receipt of the tax commissioner's and county
auditor's certifications
prepared under division (A) of this
section, the board of education of the city, local, or exempted
village school district, by a vote of two-thirds of all its
members, may adopt a resolution proposing for a specified number
of years or
for a continuing period of time the levy of an annual
tax for school district purposes on school district income
and declaring that the amount of
taxes
that can be raised within the ten-mill limitation will be
insufficient to provide an adequate amount for the present and
future requirements of the school district; that it is necessary
to issue general obligation bonds of the school district for
specified permanent improvements and to levy an additional tax
in
excess of the ten-mill limitation to pay the debt charges on
the
bonds and any anticipatory securities; and that the question of
the bonds
and taxes shall be
submitted to the electors of the
school district at a special
election, which shall not be earlier
than seventy-five days after
certification of the resolution to
the board of elections, and
the date of which shall be consistent
with section 3501.01 of
the Revised Code. The resolution shall
specify all of
the following:
(1) The purpose for which the school district income tax
is
to be imposed and the rate of the tax, which shall be the
rate set
forth in the tax commissioner's certification rounded
to the
nearest one-fourth of one per cent;
(2) Whether the income that is to be subject to the tax is taxable income of individuals and estates as defined in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised Code or taxable income of individuals as defined in division (E)(1)(b) of that section. The specification shall be the same as the specification in the resolution adopted and certified under division (A) of this section.
(3) The number of years the tax will be levied, or that
it
will be levied for a continuing period of time;
(4) The date on which the tax shall take effect, which
shall
be the first day of
January of any year following
the year in
which the question is submitted;
(5) The county auditor's estimate of the average annual
property tax rate required throughout the stated maturity of the
bonds to pay debt charges on the bonds.
(C) A resolution adopted
under division (B) of this
section
shall go into immediate effect upon its passage, and no
publication of the resolution shall be necessary other than that
provided for in the notice of election. Immediately after its
adoption and at least seventy-five days prior to the election at
which the question will appear on the ballot, the board of
education shall certify a copy of the resolution, along with
copies of the auditor's estimate and its resolution under
division
(A) of this section,
to the board of elections of the proper
county. The board of
education shall make the arrangements for
the submission of the
question to the electors of the school
district, and the
election shall be conducted, canvassed, and
certified in the
same manner as regular elections in the district
for the
election of county officers.
The resolution shall be put before the electors as one
ballot
question, with a majority vote indicating approval of the
school
district income tax, the bond issue, and the levy to pay
debt
charges on the bonds and any anticipatory securities. The board
of
elections shall publish
the notice of the election in one or
more newspapers of general
circulation in the school district once
a week for four
two consecutive weeks prior to the election and, if the board of elections operates and maintains a web site, also shall post notice of the election on its web site for thirty days prior to the election. The notice of election shall
state all of the
following:
(1) The questions to be submitted to the electors;
(2) The rate of the school district income tax;
(3) The principal amount of the proposed bond
issue;
(4) The permanent improvements for which the
bonds are to be
issued;
(5) The maximum number of years over which the principal
of
the bonds may be paid;
(6) The estimated additional average annual property tax
rate to pay the debt charges on the bonds, as certified by the
county auditor;
(7) The time and place of the special election.
(D) The form of the
ballot on a question submitted to the
electors under this
section shall be as follows:
"Shall the ........ school district be authorized to do both
of the following:
(1) Impose an annual income tax of ...... (state the
proposed rate of tax) on the school district income of
individuals
and of estates, for ........ (state the number of
years the tax
would be levied, or that it would be levied for a
continuing
period of time), beginning ........ (state the date
the tax would
first take effect), for the purpose of ........
(state the purpose
of the tax)?
(2) Issue bonds for the purpose of ....... in the
principal
amount of $......, to be repaid annually over a
maximum period of
....... years, and levy a property tax
outside the ten-mill
limitation estimated by the county
auditor to average over the
bond repayment period ....... mills
for each one dollar of tax
valuation, which amounts to .......
(rate expressed in cents or
dollars and cents, such as
"36 cents" or
"$1.41")
for each $100 of
tax valuation, to pay the annual debt charges on the bonds,
and to
pay debt charges on any notes issued in anticipation of those
bonds?
|
|
FOR THE INCOME TAX AND BOND ISSUE |
|
|
|
AGAINST THE INCOME TAX AND BOND ISSUE |
" |
(E) If the question submitted to electors proposes a school district income tax only on the taxable income of individuals as defined in division (E)(1)(b) of section 5748.01 of the Revised Code, the form of the ballot shall be modified by stating that the tax is to be levied on the "earned income of individuals residing in the school district" in lieu of the "school district income of individuals and of estates."
(F) The board of
elections promptly shall certify the
results of the election to
the tax commissioner and the county
auditor of the county in
which the school district is located. If
a majority of the
electors voting on the question vote in favor of
it, the income
tax and the applicable provisions of Chapter 5747.
of the
Revised Code shall take effect on the
date specified in the
resolution, and the board of education may
proceed with issuance
of the bonds and with the levy and
collection of the property
taxes to pay debt charges on the
bonds, at the additional rate or
any lesser rate in excess of
the ten-mill limitation. Any
securities issued by the board of
education under this section are
Chapter 133. securities, as
that term is defined in section 133.01
of the Revised
Code.
(G) After approval of
a question under this section, the
board of education may
anticipate a fraction of the proceeds of
the school district
income tax in accordance with section 5748.05
of the
Revised Code. Any anticipation notes under this division
shall be issued as provided in section 133.24 of the
Revised Code,
shall have principal
payments during each year after the year of
their issuance over
a period not to exceed five years, and may
have a principal
payment in the year of their issuance.
(H) The question of
repeal of a school district income tax
levied for more than five
years may be initiated and submitted in
accordance with section
5748.04 of the Revised
Code.
(I) No board of
education shall submit a question under this
section to the
electors of the school district more than twice in
any calendar
year. If a board submits the question twice in any
calendar year, one of the
elections on the question shall be held
on the date of the general election.
Sec. 6119.18. The board of trustees of a regional water
and sewer district, by a vote of two-thirds of all its members,
may declare by resolution that it is necessary to levy a tax in
excess of the ten-mill limitation for the purpose of providing
funds to pay current expenses of the district or for the purpose
of paying any portion of the cost of one or more water resource
projects or parts thereof or for both of such purposes, and that
the question of such tax levy shall be submitted to the electors
of the district at a general or primary election. Such
resolution shall conform to the requirements of section 5705.19
of the Revised Code, except as otherwise permitted by this
section and except that such levy may be for a period not longer
than ten years. The resolution shall go into immediate effect
upon its passage and no publication of the resolution is
necessary other than that provided for in the notice of election.
A copy of such resolution shall, immediately after its passage,
be certified to the board of elections of the proper county or
counties in the manner provided by section 5705.25 of the Revised
Code, and such section shall govern the arrangements for the
submission of such question and other matters with respect to
such election to which such section refers. Publication of the
notice of such that election shall be made in one or more newspapers
having a general circulation in the district once a week for four
two consecutive weeks prior to the election, and, if the board of elections operates and maintains a web site, the board of elections shall post notice of the election on its web site for thirty days prior to the election.
If a majority of the electors voting on the question vote
in favor thereof, the board may make the necessary levy within
the district at the additional rate or at any lesser rate on the
tax list and duplicate for the purpose or purposes stated in the
resolution.
The taxes realized from such levy shall be collected at the
same time and in the same manner as other taxes on such tax list
and duplicate and such taxes, when collected, shall be paid to
the district and deposited by it in a special fund which shall be
established by the district for all revenues derived from such
levy and for the proceeds of anticipation notes which shall be
deposited in such fund.
After the approval of such levy, the district may
anticipate a fraction of the proceeds of such levy and, from time
to time, during the life of such levy, issue anticipation notes
in an amount not exceeding fifty per cent of the estimated
proceeds of such levy to be collected in each year up to a period
of five years after the date of issuance of such notes, less an
amount equal to the proceeds of such levy previously obligated
for each year by the issuance of anticipation notes, provided
that the total amount maturing in any one year shall not exceed
fifty per cent of the anticipated proceeds of such levy for that
year. Each issue of notes shall be sold as provided in Chapter
133. of the Revised Code, and shall, except for such limitation
that the total amount of such notes maturing in any one year
shall not exceed fifty per cent of the anticipated proceeds of
such levy for that year, mature serially in substantially equal
installments during each year over a period not to exceed five
years after their issuance.
Section 2. That existing sections 131.23, 145.38, 303.12, 306.70, 307.791, 322.021, 324.021, 503.162, 504.02, 504.03, 511.28, 511.34, 513.14, 519.12, 745.07, 747.11, 1901.07, 1901.10, 1901.31, 2961.01, 2967.17, 3311.21, 3311.50, 3311.73, 3349.29, 3354.12, 3355.09, 3375.03, 3501.01, 3501.05, 3501.10, 3501.11, 3501.13, 3501.17, 3501.26, 3501.30, 3501.33, 3501.35, 3501.38, 3501.39, 3503.02, 3503.06, 3503.11, 3503.13, 3503.14, 3503.16, 3503.19, 3503.21, 3503.23, 3503.24, 3505.062, 3505.063, 3505.16, 3505.18, 3505.19, 3505.20, 3505.21, 3505.22, 3505.25, 3505.26, 3505.27, 3505.32, 3506.01, 3506.05, 3506.12, 3506.13, 3506.18, 3509.02, 3509.03, 3509.031, 3509.04, 3509.05, 3509.06, 3509.08, 3509.09, 3511.02, 3511.09, 3511.13, 3513.04, 3513.041, 3513.05, 3513.052, 3513.07, 3513.09, 3513.19, 3513.20, 3513.22, 3513.257, 3513.259, 3513.261, 3513.30, 3515.03, 3515.04, 3515.07, 3515.08, 3515.13, 3517.01, 3517.081, 3517.092, 3517.10, 3517.106, 3517.1011, 3517.12, 3517.13, 3517.153, 3519.01, 3519.03, 3519.04, 3519.05, 3523.05, 3599.11, 3599.111, 3599.13, 3599.14, 3599.21, 3599.24, 3599.38, 4113.52, 4301.33, 4301.331, 4301.332, 4301.333, 4301.334, 4305.14, 4504.021, 5705.191, 5705.194, 5705.196, 5705.21, 5705.218, 5705.25, 5705.251, 5705.261, 5705.71, 5739.022, 5748.02, 5748.04, 5748.08, and 6119.18 and section 3503.27 of the Revised Code are hereby repealed.
Section 3. Notwithstanding any provision of this act to the contrary, the amendments made to sections 131.23, 306.70, 307.791, 322.021, 324.021, 503.162, 504.02, 504.03, 511.28, 511.34, 513.14, 745.07, 747.11, 3311.21, 3311.50, 3311.73, 3349.29, 3354.12, 3355.09, 4504.021, 5705.191, 5705.194, 5705.196, 5705.21, 5705.218, 5705.25, 5705.251, 5705.261, 5705.71, 5739.022, 5748.02, 5748.04, 5748.08, and 6119.18 of the Revised Code by this act that require a board of elections that operates and maintains a web site to post, on that web site, notices of certain elections for thirty days prior to the day of an election shall take effect on June 1, 2006.
Section 4. Notwithstanding any provision of this act to the contrary, the amendments made to sections 303.12, 519.12, 3375.03, 3501.38, 3505.18, 3513.07, 3513.09, and 3513.261 and the enactment of section 3501.382 of the Revised Code by this act that permit a disabled voter to appoint an attorney in fact and authorize an attorney in fact to sign election documents on behalf of that voter shall take effect on June 1, 2006.
Section 5. Notwithstanding any provision of this act to the contrary, the amendments made to sections 3501.26, 3501.30, 3501.33, 3501.35, 3505.16, 3505.25, 3505.26, 3505.27, 3505.32, 3506.12, 3506.13, 3509.06, 3515.04, 3515.13, 3523.05, and 3599.38 and the provisions enacted in sections 3501.90, 3505.183, and 3505.21 of the Revised Code by this act that permit the appointment of election observers and eliminate the appointment of election challengers and witnesses shall take effect on June 1, 2006.
Section 6. Notwithstanding any provision of this act to the contrary, the amendments made to sections 3501.01, 3503.14, 3503.16, 3503.19, 3503.28, 3505.18, 3509.03, 3509.031, 3509.04, 3509.05, 3511.02, and 3511.09 and the provisions enacted in 3501.19, sections 3505.181, 3505.182, and 3505.183 of Revised Code by this act that require a voter to provide identification and that specify the acceptable forms of identification shall take effect on June 1, 2006.
Section 7. Notwithstanding any provision of this act to the contrary, the amendments made to section 3501.10 of the Revised Code establishing restrictions on the number of branch offices at which boards of elections may permit a voter to cast a ballot shall take effect on June 1, 2006.
Section 8. Notwithstanding any provision of this act to the contrary, the provisions enacted in section 3503.15 of the Revised Code that require the statewide voter registration database to be made available on a web site of the office of the Secretary of State shall take effect on June 1, 2006.
Section 9. (A) Notwithstanding any provision of this act to the contrary, the amendments made to sections 3501.05, 3503.16, 3503.19, 3503.24, 3505.18, 3505.20, 3505.22, 3509.09, 3511.13, and 3513.20 and the provisions enacted in sections 3501.19, 3503.28, 3505.181, 3505.182, and 3505.183 of the Revised Code that permit individuals to cast provisional ballots in an election or that otherwise specify election processes regarding provisional ballots shall take effect June 1, 2006.
(B) For the primary election conducted on May 2, 2006, and for any special election conducted on the day of that primary election, provisional ballots that meet the requirements of the Help America Vote Act of 2002, Pub. L. No. 107-252, 116 Stat. 1666, shall be made available to voters for all elections for statewide office, county office, township office, and for all elections on questions and issues, as if the ballots for those offices, questions, or issues were ballots for an election for federal office.
(C) Notwithstanding any provision of section 3505.20, 3505.22, or 3513.20 of the Revised Code to the contrary, for the primary election conducted on May 2, 2006, provisional ballots that meet the requirements of the Help America Vote Act of 2002, Pub. L. No. 107-252, 116 Stat. 1666, shall be made available to all voters for an election for federal office in the manner provided in that act.
Section 10. That section 3501.19 of the Revised Code, as enacted by this act, is hereby repealed effective January 1, 2009.
Section 11. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the following sections, presented in this act as composites of the sections as amended by the acts indicated, are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act:
Section 3517.10 of the Revised Code as amended by both Sub. S.B. 107 and Am. Sub. S.B. 115 of the 126th General Assembly.
Section 12. It is the intention of the General Assembly, in enacting section 3501.052 of the Revised Code in this act, to recognize that the Secretary of State's involvement with campaigns committees, committees named in initiative and referendum petitions, and persons making disbursements for the direct costs of producing or airing electioneering communications affects the Campaign Finance Law, since the Secretary of State makes decisions regarding compliance with, and alleged violations of, the Campaign Finance Law by campaign committees, committees named in initiative and referendum petitions, and persons making disbursements for the direct costs of producing or airing electioneering communications.
Section 13. The amendments made to sections 3505.062, 3519.01, 3519.04, and 3519.05 by this act and the enactment of section 3519.07 of the Revised Code by this act do not affect any initiative or referendum petition already filed with the Attorney General's office pursuant to section 3519.01 of the Revised Code on the effective date of this act.
Section 14. The amendments made to section 3503.06 of the Revised Code are intended to clarify that Ohio law requires the circulators of initiative and referendum petitions to be residents of this state. Those amendments shall not be construed to mean that Ohio law did not prior to the effective date of this act require circulators to be residents of this state.
Section 15. If any item of law that constitutes the whole or part of a codified section of law contained in this act, or if any application of any item of law that constitutes the whole or part of a codified section of law contained in this act, is held invalid, the invalidity does not affect other items of law or applications of items of law that can be given effect without the invalid item of law or application. To this end, the items of law of which the codified sections contained in this act are composed, and their applications, are independent and severable.