Sub. H. B. No. 3 LSC 126 0414-6

Representative DeWine

A BILL

To amend sections 131.23, 145.38, 305.31, 306.70, 1
307.791, 322.021, 324.021, 503.162, 504.02, 2
504.03, 511.27, 511.28, 511.34, 513.14, 731.28, 3
731.29, 745.07, 747.11, 1545.21, 1901.07, 1901.10, 4
1901.31, 1901.33, 3311.21, 3311.50, 3311.73, 5
3349.29, 3354.12, 3355.09, 3501.01, 3501.02, 6
3501.05, 3501.11, 3501.13, 3501.17, 3501.26, 7
3501.30, 3501.33, 3501.35, 3501.38, 3501.39, 8
3503.06, 3503.13, 3503.14, 3503.16, 3503.19, 9
3503.21, 3503.23, 3503.24, 3505.01, 3505.16, 10
3505.18, 3505.19, 3505.20, 3505.21, 3505.22, 11
3505.25, 3505.26, 3505.27, 3505.32, 3506.01, 12
3506.12, 3506.13, 3509.01, 3509.02, 3509.03, 13
3509.04, 3509.05, 3509.06, 3509.07, 3509.08, 14
3511.02, 3511.04, 3511.09, 3511.11, 3513.01, 15
3513.04, 3513.041, 3513.05, 3513.052, 3513.12, 16
3513.121, 3513.151, 3513.19, 3513.20, 3513.22, 17
3513.257, 3513.259, 3513.261, 3513.262, 3513.30, 18
3515.03, 3515.04, 3515.07, 3515.08, 3515.13, 19
3517.01, 3517.10, 3517.106, 3517.1011, 3519.05, 20
3523.05, 3599.11, 3599.111, 3599.12, 3599.21, 21
3599.24, 3599.38, 4301.33, 4301.331, 4301.332, 22
4301.333, 4301.334, 4305.14, 4504.021, 5705.191, 23
5705.194, 5705.196, 5705.21, 5705.218, 5705.23, 24
5705.25, 5705.251, 5705.261, 5705.71, 5739.022, 25
5748.02, 5748.04, 5748.08, and 6119.18, to enact 26
sections 3501.19, 3503.15, 3503.28, 3503.29, 27
3505.181, 3505.182, 3505.183, 3506.21, 3509.09, 28
3511.13, 3515.041, and 3515.072, and to repeal 29
section 3503.27 of the Revised Code to revise the 30
Election Law. 31

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

       Section 1. That sections 131.23, 145.38, 305.31, 306.70, 32
307.791, 322.021, 324.021, 503.162, 504.02, 504.03, 511.27, 33
511.28, 511.34, 513.14, 731.28, 731.29, 745.07, 747.11, 1545.21, 34
1901.07, 1901.10, 1901.31, 1901.33, 3311.21, 3311.50, 3311.73, 35
3349.29, 3354.12, 3355.09, 3501.01, 3501.02, 3501.05, 3501.11, 36
3501.13, 3501.17, 3501.26, 3501.30, 3501.33, 3501.35, 3501.38, 37
3501.39, 3503.06, 3503.13, 3503.14, 3503.16, 3503.19, 3503.21, 38
3503.23, 3503.24, 3505.01, 3505.16, 3505.18, 3505.19, 3505.20, 39
3505.21, 3505.22, 3505.25, 3505.26, 3505.27, 3505.32, 3506.01, 40
3506.12, 3506.13, 3509.01, 3509.02, 3509.03, 3509.04, 3509.05, 41
3509.06, 3509.07, 3509.08, 3511.02, 3511.04, 3511.09, 3511.11, 42
3513.01, 3513.04, 3513.041, 3513.05, 3513.052, 3513.12, 3513.121, 43
3513.151, 3513.19, 3513.20, 3513.22, 3513.257, 3513.259, 3513.261, 44
3513.262, 3513.30, 3515.03, 3515.04, 3515.07, 3515.08, 3515.13, 45
3517.01, 3517.10, 3517.106, 3517.1011, 3519.05, 3523.05, 3599.11, 46
3599.111, 3599.12, 3599.21, 3599.24, 3599.38, 4301.33, 4301.331, 47
4301.332, 4301.333, 4301.334, 4305.14, 4504.021, 5705.191, 48
5705.194, 5705.196, 5705.21, 5705.218, 5705.23, 5705.25, 5705.251, 49
5705.261, 5705.71, 5739.022, 5748.02, 5748.04, 5748.08, and 50
6119.18 be amended and sections 3501.19, 3503.15, 3503.28, 51
3505.29, 3505.181, 3505.182, 3505.183, 3506.21, 3509.09, 3511.13, 52
3515.041, and 3515.072 of the Revised Code be enacted to read as 53
follows: 54

       Sec. 131.23. The various political subdivisions of this 55
state may issue bonds, and any indebtedness created by such 56
issuance shall not be subject to the limitations or included in 57
the calculation of indebtedness prescribed by sections 133.05, 58
133.06, 133.07, and 133.09 of the Revised Code, but such bonds may 59
be issued only under the following conditions: 60

       (A) The subdivision desiring to issue such bonds shall obtain 61
from the county auditor a certificate showing the total amount of 62
delinquent taxes due and unpayable to such subdivision at the last 63
semiannual tax settlement. 64

       (B) The fiscal officer of that subdivision shall prepare a 65
statement, from the books of the subdivision, verified by the 66
fiscal officer under oath, which shall contain the following facts 67
of such subdivision: 68

       (1) The total bonded indebtedness; 69

       (2) The aggregate amount of notes payable or outstanding 70
accounts of the subdivision, incurred prior to the commencement of 71
the current fiscal year, which shall include all evidences of 72
indebtedness issued by the subdivision except notes issued in 73
anticipation of bond issues and the indebtedness of any 74
nontax-supported public utility; 75

       (3) Except in the case of school districts, the aggregate 76
current year's requirement for disability financial assistance and 77
disability medical assistance provided under Chapter 5115. of the 78
Revised Code that the subdivision is unable to finance except by 79
the issue of bonds; 80

       (4) The indebtedness outstanding through the issuance of any 81
bonds or notes pledged or obligated to be paid by any delinquent 82
taxes; 83

       (5) The total of any other indebtedness; 84

       (6) The net amount of delinquent taxes unpledged to pay any 85
bonds, notes, or certificates, including delinquent assessments on 86
improvements on which the bonds have been paid; 87

       (7) The budget requirements for the fiscal year for bond and 88
note retirement; 89

       (8) The estimated revenue for the fiscal year. 90

       (C) The certificate and statement provided for in divisions 91
(A) and (B) of this section shall be forwarded to the tax 92
commissioner together with a request for authority to issue bonds 93
of such subdivision in an amount not to exceed seventy per cent of 94
the net unobligated delinquent taxes and assessments due and owing 95
to such subdivision, as set forth in division (B)(6) of this 96
section. 97

       (D) No subdivision may issue bonds under this section in 98
excess of a sufficient amount to pay the indebtedness of the 99
subdivision as shown by division (B)(2) of this section and, 100
except in the case of school districts, to provide funds for 101
disability financial assistance and disability medical assistance, 102
as shown by division (B)(3) of this section. 103

       (E) The tax commissioner shall grant to such subdivision 104
authority requested by such subdivision as restricted by divisions 105
(C) and (D) of this section and shall make a record of the 106
certificate, statement, and grant in a record book devoted solely 107
to such recording and which shall be open to inspection by the 108
public. 109

       (F) The commissioner shall immediately upon issuing the 110
authority provided in division (E) of this section notify the 111
proper authority having charge of the retirement of bonds of such 112
subdivision by forwarding a copy of such grant of authority and of 113
the statement provided for in division (B) of this section. 114

       (G) Upon receipt of authority, the subdivision shall proceed 115
according to law to issue the amount of bonds authorized by the 116
commissioner, and authorized by the taxing authority, provided the 117
taxing authority of that subdivision may by resolution submit to 118
the electors of that subdivision the question of issuing such 119
bonds. Such resolution shall make the declarations and statements 120
required by section 133.18 of the Revised Code. The county auditor 121
and taxing authority shall thereupon proceed as set forth in 122
divisions (C) and (D) of such section. The election on the 123
question of issuing such bonds shall be held under divisions (E), 124
(F), and (G) of such section, except that publication of the 125
notice of such election shall be made on ~~four~~two separate days 126
prior to such election in one or more newspapers of general 127
circulation in the subdivisions. Such bonds may be exchanged at 128
their face value with creditors of the subdivision in liquidating 129
the indebtedness described and enumerated in division (B)(2) of 130
this section or may be sold as provided in Chapter 133. of the 131
Revised Code, and in either event shall be uncontestable. 132

       (H) The per cent of delinquent taxes and assessments 133
collected for and to the credit of the subdivision after the 134
exchange or sale of bonds as certified by the commissioner shall 135
be paid to the authority having charge of the sinking fund of the 136
subdivision, which money shall be placed in a separate fund for 137
the purpose of retiring the bonds so issued. The proper authority 138
of the subdivisions shall provide for the levying of a tax 139
sufficient in amount to pay the debt charges on all such bonds 140
issued under this section. 141

       (I) This section is for the sole purpose of assisting the 142
various subdivisions in paying their unsecured indebtedness, and 143
providing funds for disability financial assistance and disability 144
medical assistance. The bonds issued under authority of this 145
section shall not be used for any other purpose and any exchange 146
for other purposes, or the use of the money derived from the sale 147
of such bonds by the subdivision for any other purpose, is 148
misapplication of funds. 149

       (J) The bonds authorized by this section shall be redeemable 150
or payable in not to exceed ten years from date of issue and shall 151
not be subject to or considered in calculating the net 152
indebtedness of the subdivision. The budget commission of the 153
county in which the subdivision is located shall annually allocate 154
such portion of the then delinquent levy due such subdivision 155
which is unpledged for other purposes to the payment of debt 156
charges on the bonds issued under authority of this section. 157

       (K) The issue of bonds under this section shall be governed 158
by Chapter 133. of the Revised Code, respecting the terms used, 159
forms, manner of sale, and redemption except as otherwise provided 160
in this section. 161

       The board of county commissioners of any county may issue 162
bonds authorized by this section and distribute the proceeds of 163
such bond issues to any or all of the cities and townships of such 164
counties, according to their relative needs for disability 165
financial assistance and disability medical assistance as 166
determined by such county. 167

       All sections of the Revised Code inconsistent with or 168
prohibiting the exercise of the authority conferred by this 169
section are inoperative respecting bonds issued under this 170
section. 171

       Sec. 145.38. (A) As used in this section and sections 172
145.381 and 145.384 of the Revised Code: 173

       (1) "PERS retirant" means a former member of the public 174
employees retirement system who is receiving one of the following: 175

       (a) Age and service retirement benefits under section 145.32, 176
145.33, 145.331, 145.34, or 145.46 of the Revised Code; 177

       (b) Age and service retirement benefits paid by the public 178
employees retirement system under section 145.37 of the Revised 179
Code; 180

       (c) Any benefit paid under a PERS defined contribution plan. 181

       (2) "Other system retirant" means both of the following: 182

       (a) A member or former member of the Ohio police and fire 183
pension fund, state teachers retirement system, school employees 184
retirement system, state highway patrol retirement system, or 185
Cincinnati retirement system who is receiving age and service or 186
commuted age and service retirement benefits or a disability 187
benefit from a system of which the person is a member or former 188
member; 189

       (b) A member or former member of the public employees 190
retirement system who is receiving age and service retirement 191
benefits or a disability benefit under section 145.37 of the 192
Revised Code paid by the school employees retirement system or the 193
state teachers retirement system. 194

       (B)(1) Subject to this section and section 145.381 of the 195
Revised Code, a PERS retirant or other system retirant may be 196
employed by a public employer. If so employed, the PERS retirant 197
or other system retirant shall contribute to the public employees 198
retirement system in accordance with section 145.47 of the Revised 199
Code, and the employer shall make contributions in accordance with 200
section 145.48 of the Revised Code. 201

       (2) A public employer that employs a PERS retirant or other 202
system retirant, or enters into a contract for services as an 203
independent contractor with a PERS retirant, shall notify the 204
retirement board of the employment or contract not later than the 205
end of the month in which the employment or contract commences. 206
Any overpayment of benefits to a PERS retirant by the retirement 207
system resulting from delay or failure of the employer to give the 208
notice shall be repaid to the retirement system by the employer. 209

       (3) On receipt of notice from a public employer that a person 210
who is an other system retirant has been employed, the retirement 211
system shall notify the retirement system of which the other 212
system retirant was a member of such employment. 213

       (4)(a) A PERS retirant who has received a retirement 214
allowance for less than two months when employment subject to this 215
section commences shall forfeit the retirement allowance for any 216
month the PERS retirant is employed prior to the expiration of the 217
two-month period. Service and contributions for that period shall 218
not be included in calculation of any benefits payable to the PERS 219
retirant, and those contributions shall be refunded on the 220
retirant's death or termination of the employment. 221

       (b) An other system retirant who has received a retirement 222
allowance or disability benefit for less than two months when 223
employment subject to this section commences shall forfeit the 224
retirement allowance or disability benefit for any month the other 225
system retirant is employed prior to the expiration of the 226
two-month period. Service and contributions for that period shall 227
not be included in the calculation of any benefits payable to the 228
other system retirant, and those contributions shall be refunded 229
on the retirant's death or termination of the employment. 230

       (c) Contributions made on compensation earned after the 231
expiration of the two-month period shall be used in the 232
calculation of the benefit or payment due under section 145.384 of 233
the Revised Code. 234

       (5) On receipt of notice from the Ohio police and fire 235
pension fund, school employees retirement system, or state 236
teachers retirement system of the re-employment of a PERS 237
retirant, the public employees retirement system shall not pay, or 238
if paid, shall recover, the amount to be forfeited by the PERS 239
retirant in accordance with section 742.26, 3307.35, or 3309.341 240
of the Revised Code. 241

       (6) A PERS retirant who enters into a contract to provide 242
services as an independent contractor to the employer by which the 243
retirant was employed at the time of retirement or, less than two 244
months after the retirement allowance commences, begins providing 245
services as an independent contractor pursuant to a contract with 246
another public employer, shall forfeit the pension portion of the 247
retirement benefit for the period beginning the first day of the 248
month following the month in which the services begin and ending 249
on the first day of the month following the month in which the 250
services end. The annuity portion of the retirement allowance 251
shall be suspended on the day services under the contract begin 252
and shall accumulate to the credit of the retirant to be paid in a 253
single payment after services provided under the contract 254
terminate. A PERS retirant subject to division (B)(6) of this 255
section shall not contribute to the retirement system and shall 256
not become a member of the system. 257

       (7) As used in this division, "employment" includes service 258
for which a PERS retirant or other system retirant, the retirant's 259
employer, or both, have waived any earnable salary for the 260
service. 261

       (C)(1) Except as provided in division (C)(3) of this section, 262
this division applies to both of the following: 263

       (a) A PERS retirant who, prior to September 14, 2000, was 264
subject to division (C)(1)(b) of this section as that division 265
existed immediately prior to September 14, 2000, and has not 266
elected pursuant to Am. Sub. S.B. 144 of the 123rd general 267
assembly to cease to be subject to that division; 268

       (b) A PERS retirant to whom both of the following apply: 269

       (i) The retirant held elective office in this state, or in 270
any municipal corporation, county, or other political subdivision 271
of this state at the time of retirement under this chapter. 272

       (ii) The retirant was elected or appointed to the same office 273
for the remainder of the term or the term immediately following 274
the term during which the retirement occurred. 275

       (2) A PERS retirant who is subject to this division is a 276
member of the public employees retirement system with all the 277
rights, privileges, and obligations of membership, except that the 278
membership does not include survivor benefits provided pursuant to 279
section 145.45 of the Revised Code or, beginning on the ninetieth 280
day after September 14, 2000, any amount calculated under section 281
145.401 of the Revised Code. The pension portion of the PERS 282
retirant's retirement allowance shall be forfeited until the first 283
day of the first month following termination of the employment. 284
The annuity portion of the retirement allowance shall accumulate 285
to the credit of the PERS retirant to be paid in a single payment 286
after termination of the employment. The retirement allowance 287
shall resume on the first day of the first month following 288
termination of the employment. On termination of the employment, 289
the PERS retirant shall elect to receive either a refund of the 290
retirant's contributions to the retirement system during the 291
period of employment subject to this section or a supplemental 292
retirement allowance based on the retirant's contributions and 293
service credit for that period of employment. 294

       (3) This division does not apply to any of the following: 295

       (a) A PERS retirant elected to office who, at the time of the 296
election for the retirant's current term, was not retired but, not 297
less than ninety days prior to the primary election for the term 298
or the date on which a primary for the term would have been held, 299
filed a written declaration of intent to retire before the end of 300
the term with the director of the board of elections of the county 301
in which petitions for nomination or election to the office are 302
filed; 303

       (b) A PERS retirant elected to office who, at the time of the 304
election for the retirant's current term, was a retirant and had 305
been retired for not less than ninety days; 306

       (c) A PERS retirant appointed to office who, at the time of 307
appointment to the retirant's current term, notified the person or 308
entity making the appointment that the retirant was already 309
retired or intended to retire before the end of the term. 310

       (D)(1) Except as provided in division (C) of this section, a 311
PERS retirant or other system retirant subject to this section is 312
not a member of the public employees retirement system, and, 313
except as specified in this section does not have any of the 314
rights, privileges, or obligations of membership. Except as 315
specified in division (D)(2) of this section, the retirant is not 316
eligible to receive health, medical, hospital, or surgical 317
benefits under section 145.58 of the Revised Code for employment 318
subject to this section. 319

       (2) A PERS retirant subject to this section shall receive 320
primary health, medical, hospital, or surgical insurance coverage 321
from the retirant's employer, if the employer provides coverage to 322
other employees performing comparable work. Neither the employer 323
nor the PERS retirant may waive the employer's coverage, except 324
that the PERS retirant may waive the employer's coverage if the 325
retirant has coverage comparable to that provided by the employer 326
from a source other than the employer or the public employees 327
retirement system. If a claim is made, the employer's coverage 328
shall be the primary coverage and shall pay first. The benefits 329
provided under section 145.58 of the Revised Code shall pay only 330
those medical expenses not paid through the employer's coverage or 331
coverage the PERS retirant receives through a source other than 332
the retirement system. 333

       (E) If the disability benefit of an other system retirant 334
employed under this section is terminated, the retirant shall 335
become a member of the public employees retirement system, 336
effective on the first day of the month next following the 337
termination with all the rights, privileges, and obligations of 338
membership. If such person, after the termination of the 339
disability benefit, earns two years of service credit under this 340
system or under the Ohio police and fire pension fund, state 341
teachers retirement system, school employees retirement system, or 342
state highway patrol retirement system, the person's prior 343
contributions as an other system retirant under this section shall 344
be included in the person's total service credit as a public 345
employees retirement system member, and the person shall forfeit 346
all rights and benefits of this section. Not more than one year of 347
credit may be given for any period of twelve months. 348

       (F) This section does not affect the receipt of benefits by 349
or eligibility for benefits of any person who on August 20, 1976, 350
was receiving a disability benefit or service retirement pension 351
or allowance from a state or municipal retirement system in Ohio 352
and was a member of any other state or municipal retirement system 353
of this state. 354

       (G) The public employees retirement board may adopt rules to 355
carry out this section. 356

       Sec. 305.31. The procedure for submitting to a referendum 357
any resolution adopted by a board of county commissioners pursuant 358
to division (D)(1) of section 307.697, section 322.02, 322.06, or 359
324.02, sections 1515.22 and 1515.24, division (B)(1) of section 360
4301.421, section 4504.02, 5739.021, 5739.026, 5741.021, or 361
5741.023, or division (C)(1) of section 5743.024 of the Revised 362
Code or rule adopted pursuant to section 307.79 of the Revised 363
Code shall be as prescribed by this section. 364

       Except as otherwise provided in this paragraph, when a 365
petition, signed by ten per cent of the number of electors who 366
voted for governor at the most recent general election for the 367
office of governor in the county, is filed with the county auditor 368
within thirty days after the date the resolution is passed or rule 369
is adopted by the board of county commissioners, or is filed 370
within forty-five days after the resolution is passed, in the case 371
of a resolution adopted pursuant to section 5739.021 of the 372
Revised Code that is passed within one year after a resolution 373
adopted pursuant to that section has been rejected or repealed by 374
the electors, requesting that the resolution be submitted to the 375
electors of the county for their approval or rejection, the county 376
auditor shall, after ten days following the filing of the 377
petition, and not later than four p.m. of the seventy-fifth day 378
before the day of election, transmit a certified copy of the text 379
of the resolution or rule to the board of elections. In the case 380
of a petition requesting that a resolution adopted under division 381
(D)(1) of section 307.697, division (B)(1) of section 4301.421, or 382
division (C)(1) of section 5743.024 of the Revised Code be 383
submitted to electors for their approval or rejection, the 384
petition shall be signed by seven per cent of the number of 385
electors who voted for governor at the most recent election for 386
the office of governor in the county. The county auditor shall 387
transmit the petition to the board together with the certified 388
copy of the resolution or rule. The board shall examine all 389
signatures on the petition to determine the number of electors of 390
the county who signed the petition. The board shall return the 391
petition to the auditor within ~~ten~~seven days after receiving it, 392
together with a statement attesting to the number of such electors 393
who signed the petition. The board shall submit the resolution or 394
rule to the electors of the county, for their approval or 395
rejection, at the succeeding general election held in the county 396
in any year, or on the day of the succeeding primary election held 397
in the county in even-numbered years, occurring subsequent to 398
seventy-five days after the auditor certifies the sufficiency and 399
validity of the petition to the board of elections. 400

       No resolution shall go into effect until approved by the 401
majority of those voting upon it. However, a rule shall take 402
effect and remain in effect unless and until a majority of the 403
electors voting on the question of repeal approve the repeal. 404
Sections 305.31 to 305.41 of the Revised Code do not prevent a 405
county, after the passage of any resolution or adoption of any 406
rule, from proceeding at once to give any notice or make any 407
publication required by the resolution or rule. 408

       The board of county commissioners shall make available to any 409
person, upon request, a certified copy of any resolution or rule 410
subject to the procedure for submitting a referendum under 411
sections 305.31 to 305.42 of the Revised Code beginning on the 412
date the resolution or rule is adopted by the board. The board may 413
charge a fee for the cost of copying the resolution or rule. 414

       As used in this section, "certified copy" means a copy 415
containing a written statement attesting that it is a true and 416
exact reproduction of the original resolution or rule. 417

       Sec. 306.70. A tax proposed to be levied by a board of 418
county commissioners or by the board of trustees of a regional 419
transit authority pursuant to sections 5739.023 and 5741.022 of 420
the Revised Code shall not become effective until it is submitted 421
to the electors residing within the county or within the 422
territorial boundaries of the regional transit authority and 423
approved by a majority of the electors voting thereon. Such 424
question shall be submitted at a general election or at a special 425
election on a day specified in the resolution levying the tax and 426
occurring not less than seventy-five days after such resolution is 427
certified to the board of elections, in accordance with section 428
3505.071 of the Revised Code. 429

       The board of elections of the county or of each county in 430
which any territory of the regional transit authority is located 431
shall make the necessary arrangements for the submission of such 432
question to the electors of the county or regional transit 433
authority, and the election shall be held, canvassed, and 434
certified in the same manner as regular elections for the election 435
of county officers. Notice of the election shall be published in 436
one or more newspapers which in the aggregate are of general 437
circulation in the territory of the county or of the regional 438
transit authority once a week for ~~four~~two consecutive weeks prior 439
to the election stating the type, rate and purpose of the tax to 440
be levied, the length of time during which the tax will be in 441
effect, and the time and place of the election. 442

       More than one such question may be submitted at the same 443
election. The form of the ballots cast at such election shall be: 444

       "Shall a(n) ................ (sales and use) ............. 445
tax be levied for all transit purposes of the .................. 446
(here insert name of the county or regional transit authority) at 447
a rate not exceeding ................... (here insert percentage) 448
per cent for ................ (here insert number of years the tax 449
is to be in effect, or that it is to be in effect for a continuing 450
period of time)?" 451

       If the tax proposed to be levied is a continuation of an 452
existing tax, whether at the same rate or at an increased or 453
reduced rate, or an increase in the rate of an existing tax, the 454
notice and ballot form shall so state. 455

       The board of elections to which the resolution was certified 456
shall certify the results of the election to the county auditor of 457
the county or secretary-treasurer of the regional transit 458
authority levying the tax and to the tax commissioner of the 459
state. 460

       Sec. 307.791. The question of repeal of a county sediment 461
control rule adopted under section 307.79 of the Revised Code may 462
be initiated by filing with the board of elections of the county 463
not less than seventy-five days before the general or primary 464
election in any year a petition requesting that an election be 465
held on such question. Such petition shall be signed by qualified 466
electors residing in the county equal in number to ten per cent of 467
those voting for governor at the most recent gubernatorial 468
election in the county. 469

       After determination by it that such petition is valid, the 470
board of elections shall submit the question to the electors of 471
the county at the next general or primary election. The election 472
shall be conducted, canvassed, and certified in the same manner as 473
regular elections for county offices in the county. Notice of the 474
election shall be published in a newspaper of general circulation 475
in the county once a week for ~~four~~two consecutive weeks prior to 476
the election, stating the purpose, the time, the place of the 477
election, and the complete text of each rule sought to be 478
repealed. The form of the ballot cast at such election shall be 479
prescribed by the secretary of state. The question covered by such 480
petition shall be submitted as a separate proposition, but it may 481
be printed on the same ballot with any other proposition submitted 482
at the same election other than the election of officers. If a 483
majority of the qualified electors voting on the question of 484
repeal approve the repeal, the result of the election shall be 485
certified immediately after the canvass by the board of elections 486
to the board of county commissioners, who shall thereupon rescind 487
the rule. 488

       Sec. 322.021. The question of a repeal of a county 489
permissive tax adopted as an emergency measure pursuant to 490
division (B) of section 322.02 of the Revised Code may be 491
initiated by filing with the board of elections of the county not 492
less than seventy-five days before the general election in any 493
year a petition requesting that an election be held on such 494
question. Such petition shall be signed by qualified electors 495
residing in the county equal in number to ten per cent of those 496
voting for governor at the most recent gubernatorial election. 497

       After determination by it that such petition is valid, the 498
board of elections shall submit the question to the electors of 499
the county at the next general election. The election shall be 500
conducted, canvassed, and certified in the same manner as regular 501
elections for county offices in the county. Notice of the election 502
shall be published in a newspaper of general circulation in the 503
district once a week for ~~four~~two consecutive weeks prior to the 504
election, stating the purpose, time, and place of the election. 505
The form of the ballot cast at such election shall be prescribed 506
by the secretary of state. The question covered by such petition 507
shall be submitted as a separate proposition, but it may be 508
printed on the same ballot with any other proposition submitted at 509
the same election other than the election of officers. If a 510
majority of the qualified electors voting on the question of 511
repeal approve the repeal, the result of the election shall be 512
certified immediately after the canvass by the board of elections 513
to the county commissioners, who shall thereupon, after the 514
current year, cease to levy the tax. 515

       Sec. 324.021. The question of repeal of a county permissive 516
tax adopted as an emergency measure pursuant to section 324.02 of 517
the Revised Code may be initiated by filing with the board of 518
elections of the county not less than seventy-five days before the 519
general election in any year a petition requesting that an 520
election be held on such question. Such petition shall be signed 521
by qualified electors residing in the county equal in number to 522
ten per cent of those voting for governor at the most recent 523
gubernatorial election. 524

       After determination by it that such petition is valid, the 525
board of elections shall submit the question to the electors of 526
the county at the next general election. The election shall be 527
conducted, canvassed, and certified in the same manner as regular 528
elections for county offices in the county. Notice of the election 529
shall be published in a newspaper of general circulation in the 530
district once a week for ~~four~~two consecutive weeks prior to the 531
election, stating the purpose, the time, and the place of the 532
election. The form of the ballot cast at such election shall be 533
prescribed by the secretary of state. The question covered by such 534
petition shall be submitted as a separate proposition, but it may 535
be printed on the same ballot with any other proposition submitted 536
at the same election other than the election of officers. If a 537
majority of the qualified electors voting on the question of 538
repeal approve the repeal, the result of the election shall be 539
certified immediately after the canvass by the board of elections 540
to the county commissioners, who shall thereupon, after the 541
current year, cease to levy the tax. 542

       Sec. 503.162. (A) After certification of a resolution as 543
provided in section 503.161 of the Revised Code, the board of 544
elections shall submit the question of whether the township's name 545
shall be changed to the electors of the unincorporated area of the 546
township in accordance with division (C) of that section, and the 547
ballot language shall be substantially as follows: 548

       "Shall the township of .......... (name) change its name to 549
........ (proposed name)? 550

       .......... For name change 551

       .......... Against name change" 552

       (B) At least forty-five days before the election on this 553
question, the board of township trustees shall provide notice of 554
the election and an explanation of the proposed name change in a 555
newspaper of general circulation in the township for ~~three~~two 556
consecutive weeks and shall post the notice and explanation in 557
five conspicuous places in the unincorporated area of the 558
township. 559

       (C) If a majority of the votes cast on the proposition of 560
changing the township's name is in the affirmative, the name 561
change is adopted and becomes effective ninety days after the 562
board of elections certifies the election results to the clerk of 563
the township. Upon receipt of the certification of the election 564
results from the board of elections, the clerk of the township 565
shall send a copy of that certification to the secretary of state. 566

       (D) A change in the name of a township shall not alter the 567
rights or liabilities of the township as previously named. 568

       Sec. 504.02. (A) After certification of a resolution as 569
provided in division (A), (B), or (D) of section 504.01 of the 570
Revised Code, the board of elections shall submit the question of 571
whether to adopt a limited home rule government to the electors of 572
the unincorporated area of the township, and the ballot language 573
shall be substantially as follows: 574

       "Shall the township of ........... (name) adopt a limited 575
home rule government, under which government the board of township 576
trustees, by resolution, may exercise limited powers of local 577
self-government and limited police powers? 578

...... For adoption of a limited home rule government 579

...... Against adoption of a limited home rule government" 580

       (B) At least forty-five days before the election on this 581
question the board of township trustees shall have notice of the 582
election and a description of the proposed limited home rule 583
government published in a newspaper of general circulation in the 584
township for ~~three~~two consecutive weeks and have the notice and 585
description posted in five conspicuous places in the 586
unincorporated area of the township. 587

       (C) If a majority of the votes cast on the proposition of 588
adopting a limited home rule government is in the affirmative, 589
that government is adopted and becomes the government of the 590
township on the first day of January immediately following the 591
election. 592

       Sec. 504.03. (A)(1) If a limited home rule government is 593
adopted pursuant to section 504.02 of the Revised Code, it shall 594
remain in effect for at least three years except as otherwise 595
provided in division (B) of this section. At the end of that 596
period, if the board of township trustees determines that that 597
government is not in the best interests of the township, it may 598
adopt a resolution causing the board of elections to submit to the 599
electors of the unincorporated area of the township the question 600
of whether the township should continue the limited home rule 601
government. The question shall be voted upon at the next general 602
election occurring at least seventy-five days after the 603
certification of the resolution to the board of elections. After 604
certification of the resolution, the board of elections shall 605
submit the question to the electors of the unincorporated area of 606
the township, and the ballot language shall be substantially as 607
follows: 608

       "Shall the township of ........... (name) continue the 609
limited home rule government under which it is operating? 610

...... For continuation of the limited home rule government 611

...... Against continuation of the limited home rule government" 612

       (2) At least forty-five days before the election on the 613
question of continuing the limited home rule government, the board 614
of township trustees shall have notice of the election published 615
in a newspaper of general circulation in the township for ~~three~~ 616
two consecutive weeks and have the notice posted in five 617
conspicuous places in the unincorporated area of the township. 618

       (B) The electors of a township that has adopted a limited 619
home rule government may propose at any time by initiative 620
petition, in accordance with section 504.14 of the Revised Code, a 621
resolution submitting to the electors in the unincorporated area 622
of the township, in an election, the question set forth in 623
division (A)(1) of this section. 624

       (C) If a majority of the votes cast under division (A) or (B) 625
of this section on the proposition of continuing the limited home 626
rule government is in the negative, that government is terminated 627
effective on the first day of January immediately following the 628
election, and a limited home rule government shall not be adopted 629
in the unincorporated area of the township pursuant to section 630
504.02 of the Revised Code for at least three years after that 631
date. 632

       (D) If a limited home rule government is terminated under 633
this section, the board of township trustees immediately shall 634
adopt a resolution repealing all resolutions adopted pursuant to 635
this chapter that are not authorized by any other section of the 636
Revised Code outside this chapter, effective on the first day of 637
January immediately following the election described in division 638
(A) or (B) of this section. However, no resolution adopted under 639
this division shall affect or impair the obligations of the 640
township under any security issued or contracts entered into by 641
the township in connection with the financing of any water supply 642
facility or sewer improvement under sections 504.18 to 504.20 of 643
the Revised Code or the authority of the township to collect or 644
enforce any assessments or other revenues constituting security 645
for or source of payments of debt service charges of those 646
securities. 647

       (E) Upon the termination of a limited home rule government 648
under this section, if the township had converted its board of 649
township trustees to a five-member board before ~~the effective date~~ 650
~~of this amendment~~September 26, 2003, the current board member who 651
received the lowest number of votes of the current board members 652
who were elected at the most recent election for township 653
trustees, and the current board member who received the lowest 654
number of votes of the current board members who were elected at 655
the second most recent election for township trustees, shall cease 656
to be township trustees on the date that the limited home rule 657
government terminates. Their offices likewise shall cease to exist 658
at that time, and the board shall continue as a three-member board 659
as provided in section 505.01 of the Revised Code. 660

       Sec. 511.27. (A) To defray the expenses of the township park 661
district and for purchasing, appropriating, operating, 662
maintaining, and improving lands for parks or recreational 663
purposes, the board of park commissioners may levy a sufficient 664
tax within the ten-mill limitation, not to exceed one mill on each 665
dollar of valuation on all real and personal property within the 666
township, and on all real and personal property within any 667
municipal corporation that is within the township, that was within 668
the township at the time that the park district was established, 669
or the boundaries of which are coterminous with or include the 670
township. The levy shall be over and above all other taxes and 671
limitations on such property authorized by law. 672

       (B) Except as otherwise provided in division (C) of this 673
section, the board of park commissioners, not less than 674
seventy-five days before the day of the election, may declare by 675
resolution that the amount of taxes that may be raised within the 676
ten-mill limitation will be insufficient to provide an adequate 677
amount for the necessary requirements of the district and that it 678
is necessary to levy a tax in excess of that limitation for the 679
use of the district. The resolution shall specify the purpose for 680
which the taxes shall be used, the annual rate proposed, and the 681
number of consecutive years the levy will be in effect. Upon the 682
adoption of the resolution, the question of levying the taxes 683
shall be submitted to the electors of the township and the 684
electors of any municipal corporation that is within the township, 685
that was within the township at the time that the park district 686
was established, or the boundaries of which are coterminous with 687
or include the township, at a special election to be held on 688
whichever of the following occurs first: 689

       (1) The day of the next ~~ensuing~~ general election; 690

       (2) The ~~first Tuesday after the first Monday in May of any~~ 691
~~calendar year, except that, if a presidential primary election is~~ 692
~~held in that calendar year, then the~~ day of ~~that~~the next primary 693
election. 694

       The rate submitted to the electors at any one election shall 695
not exceed two mills annually upon each dollar of valuation. If a 696
majority of the electors voting upon the question of the levy vote 697
in favor of the levy, the tax shall be levied on all real and 698
personal property within the township and on all real and personal 699
property within any municipal corporation that is within the 700
township, that was within the township at the time that the park 701
district was established, or the boundaries of which are 702
coterminous with or include the township, and the levy shall be 703
over and above all other taxes and limitations on such property 704
authorized by law. 705

       (C) In any township park district that contains only 706
unincorporated territory, if the township board of park 707
commissioners is appointed by the board of township trustees, 708
before a tax can be levied and certified to the county auditor 709
pursuant to section 5705.34 of the Revised Code or before a 710
resolution for a tax levy can be certified to the board of 711
elections pursuant to section 511.28 of the Revised Code, the 712
board of park commissioners shall receive approval for its levy 713
request from the board of township trustees. The board of park 714
commissioners shall adopt a resolution requesting the board of 715
township trustees to approve the levy request, stating the annual 716
rate of the proposed levy and the reason for the levy request. On 717
receiving this request, the board of township trustees shall vote 718
on whether to approve the request and, if a majority votes to 719
approve it, shall issue a resolution approving the levy at the 720
requested rate. 721

       Sec. 511.28. A copy of any resolution for a tax levy adopted 722
by the township board of park commissioners as provided in section 723
511.27 of the Revised Code shall be certified by the clerk of the 724
board of park commissioners to the board of elections of the 725
proper county, together with a certified copy of the resolution 726
approving the levy, passed by the board of township trustees if 727
such a resolution is required by division (C) of section 511.27 of 728
the Revised Code, not less than seventy-five days before a general 729
or primary election in any year. The board of elections shall 730
submit the proposal to the electors as provided in section 511.27 731
of the Revised Code at the succeeding general or primary election. 732
A resolution to renew an existing levy may not be placed on the 733
ballot unless the question is submitted at the general election 734
held during the last year the tax to be renewed may be extended on 735
the real and public utility property tax list and duplicate, or at 736
any election held in the ensuing year. The board of park 737
commissioners shall cause notice that the vote will be taken to be 738
published once a week for ~~four~~two consecutive weeks prior to the 739
election in a newspaper of general circulation in the county 740
within which the park district is located. The notice shall state 741
the purpose of the proposed levy, the annual rate proposed 742
expressed in dollars and cents for each one hundred dollars of 743
valuation as well as in mills for each one dollar of valuation, 744
the number of consecutive years during which the levy shall be in 745
effect, and the time and place of the election. 746

       The form of the ballots cast at the election shall be: "An 747
additional tax for the benefit of (name of township park district) 748
.......... for the purpose of (purpose stated in the order of the 749
board) .......... at a rate not exceeding .......... mills for 750
each one dollar of valuation, which amounts to (rate expressed in 751
dollars and cents) .......... for each one hundred dollars of 752
valuation, for (number of years the levy is to run) .......... 753

         754

FOR THE TAX LEVY 755
AGAINST THE TAX LEVY " 756

         757

       If the levy submitted is a proposal to renew, increase, or 758
decrease an existing levy, the form of the ballot specified in 759
this section may be changed by substituting for the words "An 760
additional" at the beginning of the form, the words "A renewal of 761
a" in the case of a proposal to renew an existing levy in the same 762
amount; the words "A renewal of .......... mills and an increase 763
of .......... mills to constitute a" in the case of an increase; 764
or the words "A renewal of part of an existing levy, being a 765
reduction of .......... mills, to constitute a" in the case of a 766
decrease in the rate of the existing levy. 767

       If the tax is to be placed on the current tax list, the form 768
of the ballot shall be modified by adding, after the statement of 769
the number of years the levy is to run, the phrase ", commencing 770
in .......... (first year the tax is to be levied), first due in 771
calendar year .......... (first calendar year in which the tax 772
shall be due)." 773

       The question covered by the order shall be submitted as a 774
separate proposition, but may be printed on the same ballot with 775
any other proposition submitted at the same election, other than 776
the election of officers. More than one such question may be 777
submitted at the same election. 778

       Sec. 511.34. In townships composed of islands, and on one of 779
which islands lands have been conveyed in trust for the benefit of 780
the inhabitants of the island for use as a park, and a board of 781
park trustees has been provided for the control of the park, the 782
board of township trustees may create a tax district of the island 783
to raise funds by taxation as provided under divisions (A) and (B) 784
of this section. 785

       (A) For the care and maintenance of parks on the island, the 786
board of township trustees annually may levy a tax, not to exceed 787
one mill, upon all the taxable property in the district. The tax 788
shall be in addition to all other levies authorized by law, and 789
subject to no limitation on tax rates except as provided in this 790
division. 791

       The proceeds of the tax levy shall be expended by the board 792
of township trustees for the purpose of the care and maintenance 793
of the parks, and shall be paid out of the township treasury upon 794
the orders of the board of park trustees. 795

       (B) For the purpose of acquiring additional land for use as a 796
park, the board of township trustees may levy a tax in excess of 797
the ten-mill limitation on all taxable property in the district. 798
The tax shall be proposed by resolution adopted by two-thirds of 799
the members of the board of township trustees. The resolution 800
shall specify the purpose and rate of the tax and the number of 801
years the tax will be levied, which shall not exceed five years, 802
and which may include a levy on the current tax list and 803
duplicate. The resolution shall go into immediate effect upon its 804
passage, and no publication of the resolution is necessary other 805
than that provided for in the notice of election. The board of 806
township trustees shall certify a copy of the resolution to the 807
proper board of elections not later than seventy-five days before 808
the primary or general election in the township, and the board of 809
elections shall submit the question of the tax to the voters of 810
the district at the succeeding primary or general election. The 811
board of elections shall make the necessary arrangements for the 812
submission of the question to the electors of the district, and 813
the election shall be conducted, canvassed, and certified in the 814
same manner as regular elections in the township for the election 815
of officers. Notice of the election shall be published in a 816
newspaper of general circulation in the township once a week for 817
~~four~~two consecutive weeks prior to the election, stating the 818
purpose of the tax, the proposed rate of the tax, expressed in 819
dollars and cents for each one hundred dollars of valuation and 820
mills for each one dollar of valuation, the number of years the 821
tax will be in effect and the first year the tax will be levied, 822
and the time and place of the election. 823

       The form of the ballots cast at an election held under this 824
division shall be as follows: 825

       "An additional tax for the benefit of ......... (name of the 826
township) for the purpose of acquiring additional park land at a 827
rate of ......... mills for each one dollar of valuation, which 828
amounts to ........ (rate expressed in dollars and cents) for each 829
one hundred dollars of valuation, for ......... (number of years 830
the levy is to run) beginning in ........... (first year the tax 831
will be levied). 832

         833

FOR THE TAX LEVY 834
AGAINST THE TAX LEVY " 835

         836

       The question shall be submitted as a separate proposition but 837
may be printed on the same ballot with any other proposition 838
submitted at the same election other than the election of 839
officers. More than one such question may be submitted at the same 840
election. 841

       If the levy is approved by a majority of electors voting on 842
the question, the board of elections shall certify the result of 843
the election to the tax commissioner. In the first year of the 844
levy, the tax shall be extended on the tax lists after the 845
February settlement following the election. If the tax is to be 846
placed on the tax lists of the current year as specified in the 847
resolution, the board of elections shall certify the result of the 848
election immediately after the canvass to the board of township 849
trustees, which shall forthwith make the necessary levy and 850
certify the levy to the county auditor, who shall extend the levy 851
on the tax lists for collection. After the first year of the levy, 852
the levy shall be included in the annual tax budget that is 853
certified to the county budget commission. 854

       Sec. 513.14. The board of elections shall advertise the 855
proposed tax levy question mentioned in section 513.13 of the 856
Revised Code, in two newspapers of opposite political faith, if 857
two such newspapers are published in the joint township hospital 858
district, otherwise, in one newspaper, published or of general 859
circulation in the proposed township hospital district, once a 860
week for ~~three~~two weeks immediately preceding such election. 861

       Sec. 731.28. Ordinances and other measures providing for the 862
exercise of any powers of government granted by the constitution 863
or delegated to any municipal corporation by the general assembly 864
may be proposed by initiative petition. Such initiative petition 865
must contain the signatures of not less than ten per cent of the 866
number of electors who voted for governor at the most recent 867
general election for the office of governor in the municipal 868
corporation. 869

       When a petition is filed with the city auditor or village 870
clerk, signed by the required number of electors proposing an 871
ordinance or other measure, such auditor or clerk shall, after ten 872
days, transmit a certified copy of the text of the proposed 873
ordinance or measure to the board of elections. The auditor or 874
clerk shall transmit the petition to the board together with the 875
certified copy of the proposed ordinance or other measure. The 876
board shall examine all signatures on the petition to determine 877
the number of electors of the municipal corporation who signed the 878
petition. The board shall return the petition to the auditor or 879
clerk within ~~ten~~seven days after receiving it, together with a 880
statement attesting to the number of such electors who signed the 881
petition. 882

       The board shall submit such proposed ordinance or measure for 883
the approval or rejection of the electors of the municipal 884
corporation at the next general election occurring subsequent to 885
seventy-five days after the auditor or clerk certifies the 886
sufficiency and validity of the initiative petition to the board 887
of elections. No ordinance or other measure proposed by initiative 888
petition and approved by a majority of the electors voting upon 889
the measure in such municipal corporation shall be subject to the 890
veto of the mayor. 891

       As used in this section, "certified copy" means a copy 892
containing a written statement attesting it is a true and exact 893
reproduction of the original proposed ordinance or other measure. 894

       Sec. 731.29. Any ordinance or other measure passed by the 895
legislative authority of a municipal corporation shall be subject 896
to the referendum except as provided by section 731.30 of the 897
Revised Code. No ordinance or other measure shall go into effect 898
until thirty days after it is filed with the mayor of a city or 899
passed by the legislative authority in a village, except as 900
provided by such section. 901

       When a petition, signed by ten per cent of the number of 902
electors who voted for governor at the most recent general 903
election for the office of governor in the municipal corporation, 904
is filed with the city auditor or village clerk within thirty days 905
after any ordinance or other measure is filed with the mayor or 906
passed by the legislative authority of a village, or in case the 907
mayor has vetoed the ordinance or any measure and returned it to 908
council, such petition may be filed within thirty days after the 909
council has passed the ordinance or measure over ~~his~~the veto, 910
ordering that such ordinance or measure be submitted to the 911
electors of such municipal corporation for their approval or 912
rejection, such auditor or clerk shall, after ten days, and not 913
later than four p.m. of the seventy-fifth day before the day of 914
election, transmit a certified copy of the text of the ordinance 915
or measure to the board of elections. The auditor or clerk shall 916
transmit the petition to the board together with the certified 917
copy of the ordinance or measure. The board shall examine all 918
signatures on the petition to determine the number of electors of 919
the municipal corporation who signed the petition. The board shall 920
return the petition to the auditor or clerk within ~~ten~~seven days 921
after receiving it, together with a statement attesting to the 922
number of such electors who signed the petition. The board shall 923
submit the ordinance or measure to the electors of the municipal 924
corporation, for their approval or rejection, at the next general 925
election occurring subsequent to seventy-five days after the 926
auditor or clerk certifies the sufficiency and validity of the 927
petition to the board of elections. 928

       No such ordinance or measure shall go into effect until 929
approved by the majority of those voting upon it. Sections 731.28 930
to 731.41 of the Revised Code do not prevent a municipal 931
corporation, after the passage of any ordinance or other measure, 932
from proceeding at once to give any notice or make any publication 933
required by such ordinance or other measure. 934

       As used in this section, "certified copy" means a copy 935
containing a written statement attesting that it is a true and 936
exact reproduction of the original ordinance or other measure. 937

       Sec. 745.07. An ordinance passed pursuant to section 745.06 938
of the Revised Code, shall not take effect until submitted to the 939
electors of the municipal corporation, at a special or general 940
election held therein at such time as the legislative authority 941
thereof determines, and approved by a majority of the electors 942
voting thereon. The ordinance shall be passed by an affirmative 943
vote of not less than a majority of the members of the legislative 944
authority, and shall be subject to the approval of the mayor as 945
provided by law. The ordinance shall specify the form or phrasing 946
of the question to be placed upon the ballot. Thirty days' notice 947
of the election shall be given by publication once a week for ~~four~~ 948
two consecutive weeks in two daily or weekly newspapers published 949
or circulated in the municipal corporation, which notice shall 950
contain the full form or phrasing of the question to be submitted. 951
The clerk of the legislative authority shall certify the passage 952
of such ordinance to the officers having control of elections in 953
such municipal corporation, who shall cause such question to be 954
voted on at the general or special election as specified in the 955
ordinance. 956

       Sec. 747.11. The board of rapid transit commissioners may 957
grant to any corporation organized for street or interurban 958
railway purposes the right to operate, by lease or otherwise, the 959
depots, terminals, and railways mentioned in section 747.08 of the 960
Revised Code upon such terms as the board is authorized by 961
ordinance to agree upon with such corporation, subject to the 962
approval of a majority of the electors of the city voting thereon. 963

       The board of rapid transit commissioners shall certify such 964
lease or agreement to the board of elections, which shall then 965
submit the question of the approval of such lease or agreement to 966
the qualified electors of the city at either a special or general 967
election as the ordinance specifies. Thirty days' notice of the 968
election shall be given in one or more of the newspapers published 969
in the city, once a week for ~~four~~two consecutive weeks prior to 970
the time of holding such election, setting forth the terms of the 971
lease or agreement and the time of holding the election. On the 972
approval by a majority of the voters voting at such election, the 973
corporation may operate such depots, terminals, and railways as 974
provided in the lease or agreement, and corporations organized 975
under the laws of this state for street or interurban railway 976
purposes may lease and operate such depots, terminals, and 977
railways. 978

       Sec. 1545.21. The board of park commissioners, by 979
resolution, may submit to the electors of the park district the 980
question of levying taxes for the use of the district. The 981
resolution shall declare the necessity of levying such taxes, 982
shall specify the purpose for which such taxes shall be used, the 983
annual rate proposed, and the number of consecutive years the rate 984
shall be levied. Such resolution shall be forthwith certified to 985
the board of elections in each county in which any part of such 986
district is located, not later than the seventy-fifth day before 987
the day of the election, and the question of the levy of taxes as 988
provided in such resolution shall be submitted to the electors of 989
the district at a special election to be held on whichever of the 990
following occurs first: 991

       (A) The day of the next general election; 992

       (B) The ~~first Tuesday after the first Monday in May in any~~ 993
~~calendar year, except that if a presidential primary election is~~ 994
~~held in that calendar year, then the~~ day of ~~that~~the next primary 995
election. ~~The~~ 996

       The ballot shall set forth the purpose for which the taxes 997
shall be levied, the annual rate of levy, and the number of years 998
of such levy. If the tax is to be placed on the current tax list, 999
the form of the ballot shall state that the tax will be levied in 1000
the current tax year and shall indicate the first calendar year 1001
the tax will be due. If the resolution of the board of park 1002
commissioners provides that an existing levy will be canceled upon 1003
the passage of the new levy, the ballot may include a statement 1004
that: "an existing levy of ... mills (stating the original levy 1005
millage), having ... years remaining, will be canceled and 1006
replaced upon the passage of this levy." In such case, the ballot 1007
may refer to the new levy as a "replacement levy" if the new 1008
millage does not exceed the original millage of the levy being 1009
canceled or as a "replacement and additional levy" if the new 1010
millage exceeds the original millage of the levy being canceled. 1011
If a majority of the electors voting upon the question of such 1012
levy vote in favor thereof, such taxes shall be levied and shall 1013
be in addition to the taxes authorized by section 1545.20 of the 1014
Revised Code, and all other taxes authorized by law. The rate 1015
submitted to the electors at any one time shall not exceed two 1016
mills annually upon each dollar of valuation. When a tax levy has 1017
been authorized as provided in this section or in section 1545.041 1018
of the Revised Code, the board of park commissioners may issue 1019
bonds pursuant to section 133.24 of the Revised Code in 1020
anticipation of the collection of such levy, provided that such 1021
bonds shall be issued only for the purpose of acquiring and 1022
improving lands. Such levy, when collected, shall be applied in 1023
payment of the bonds so issued and the interest thereon. The 1024
amount of bonds so issued and outstanding at any time shall not 1025
exceed one per cent of the total tax valuation in such district. 1026
Such bonds shall bear interest at a rate not to exceed the rate 1027
determined as provided in section 9.95 of the Revised Code. 1028

       Sec. 1901.07. (A) All municipal court judges shall be 1029
elected on the nonpartisan ballot for terms of six years. In a 1030
municipal court in which only one judge is to be elected in any 1031
one year, that judge's term commences on the first day of January 1032
after the election. In a municipal court in which two or more 1033
judges are to be elected in any one year, their terms commence on 1034
successive days beginning the first day of January, following the 1035
election, unless otherwise provided by section 1901.08 of the 1036
Revised Code. 1037

       (B) All candidates for municipal court judge may be nominated 1038
either by nominating petition or by primary election, except that 1039
if the jurisdiction of a municipal court extends only to the 1040
corporate limits of the municipal corporation in which the court 1041
is located and that municipal corporation operates under a 1042
charter, all candidates shall be nominated in the same manner 1043
provided in the charter for the office of municipal court judge, 1044
or, if no specific provisions are made in the charter for the 1045
office of municipal court judge, in the same manner as the charter 1046
prescribes for the nomination and election of the legislative 1047
authority of the municipal corporation. 1048

       If ~~a municipal corporation that has a municipal court has a~~ 1049
~~charter that specifies a primary date other than the date~~ 1050
~~specified in division (E) of section 3501.01 of the Revised Code,~~ 1051
~~and if~~ the jurisdiction of ~~the~~a municipal court extends beyond 1052
the corporate limits of the municipal corporation~~, all candidates~~ 1053
~~for the office of municipal judge of that court shall be nominated~~ 1054
~~only by petition.~~ 1055

       Ifin which it is located or if the jurisdiction of the court 1056
does not extend beyond the corporate limits of the municipal 1057
corporation in which it is located and no charter provisions 1058
apply, all candidates for party nomination to the office of 1059
municipal court judge shall file a declaration of candidacy and 1060
petition not later than four p.m. of the seventy-fifth day before 1061
the day of the primary election~~, or if the primary election is a~~ 1062
~~presidential primary election, not later than four p.m. of the~~ 1063
~~sixtieth day before the day of the presidential primary election,~~ 1064
in the form prescribed by section 3513.07 of the Revised Code. The 1065
petition shall conform to the requirements provided for ~~such~~those 1066
petitions of candidacy contained in section 3513.05 of the Revised 1067
Code, except that the petition shall be signed by at least fifty 1068
electors of the territory of the court. If no valid declaration of 1069
candidacy is filed for nomination as a candidate of a political 1070
party for election to the office of municipal court judge, or if 1071
the number of persons filing the declarations of candidacy for 1072
nominations as candidates of one political party for election to 1073
the office does not exceed the number of candidates that that 1074
party is entitled to nominate as its candidates for election to 1075
the office, no primary election shall be held for the purpose of 1076
nominating candidates of that party for election to the office, 1077
and the candidates shall be issued certificates of nomination in 1078
the manner set forth in section 3513.02 of the Revised Code. 1079

       If the jurisdiction of a municipal court extends beyond the 1080
corporate limits of the municipal corporation in which it is 1081
located or if the jurisdiction of the court does not extend beyond 1082
the corporate limits of the municipal corporation in which it is 1083
located and no charter provisions apply, nonpartisan candidates 1084
~~filing~~for the office of municipal court judge shall file 1085
nominating petitions ~~for the office of municipal judge shall file~~ 1086
~~them~~ not later than four p.m. of the day before the day of the 1087
primary election, in the form prescribed by section 3513.261 of 1088
the Revised Code. The petition shall conform to the requirements 1089
provided for ~~such~~those petitions of candidacy contained in 1090
section 3513.257 of the Revised Code, except that the petition 1091
shall be signed by at least fifty electors of the territory of the 1092
court. 1093

       The nominating petition or declaration of candidacy for a 1094
municipal court judge shall contain a designation of the term for 1095
which the candidate seeks election. At the following regular 1096
municipal election, the candidacies of the judges nominated shall 1097
be submitted to the electors of the territory on a nonpartisan, 1098
judicial ballot in the same manner as provided for judges of the 1099
court of common pleas, except that, in a municipal corporation 1100
operating under a charter, all candidates for municipal court 1101
judge shall be elected in conformity with the charter if 1102
provisions are made in the charter for the election of municipal 1103
court judges. 1104

       (C) ~~Notwithstanding divisions (A) and (B) of this section, in~~ 1105
~~the following municipal courts, the judges shall be nominated and~~ 1106
~~elected as follows:~~ 1107

       ~~(1) In the Cleveland municipal court, the judges shall be~~ 1108
~~nominated only by petition. The petition shall be signed by at~~ 1109
~~least one thousand electors of the territory of the court. It~~ 1110
~~shall be in the statutory form and shall be filed in the manner~~ 1111
~~and within the time prescribed by the charter of the city of~~ 1112
~~Cleveland for filing petitions of candidates for municipal~~ 1113
~~offices. Each elector shall have the right to sign petitions for~~ 1114
~~as many candidates as are to be elected, but no more. The judges~~ 1115
~~shall be elected by the electors of the territory of the court in~~ 1116
~~the manner provided by law for the election of judges of the court~~ 1117
~~of common pleas.~~ 1118

       ~~(2) In the Toledo municipal court, the judges shall be~~ 1119
~~nominated only by petition. The petition shall be signed by at~~ 1120
~~least one thousand electors of the territory of the court. It~~ 1121
~~shall be in the statutory form and shall be filed in the manner~~ 1122
~~and within the time prescribed by the charter of the city of~~ 1123
~~Toledo for filing nominating petitions for city council. Each~~ 1124
~~elector shall have the right to sign petitions for as many~~ 1125
~~candidates as are to be elected, but no more. The judges shall be~~ 1126
~~elected by the electors of the territory of the court in the~~ 1127
~~manner provided by law for the election of judges of the court of~~ 1128
~~common pleas.~~ 1129

       ~~(3) In the Akron municipal court, the judges shall be~~ 1130
~~nominated only by petition. The petition shall be signed by at~~ 1131
~~least two hundred fifty electors of the territory of the court. It~~ 1132
~~shall be in statutory form and shall be filed in the manner and~~ 1133
~~within the time prescribed by the charter of the city of Akron for~~ 1134
~~filing nominating petitions of candidates for municipal offices.~~ 1135
~~Each elector shall have the right to sign petitions for as many~~ 1136
~~candidates as are to be elected, but no more. The judges shall be~~ 1137
~~elected by the electors of the territory of the court in the~~ 1138
~~manner provided by law for the election of judges of the court of~~ 1139
~~common pleas.~~ 1140

       ~~(4) In the Hamilton county municipal court, the judges shall~~ 1141
~~be nominated only by petition. The petition shall be signed by at~~ 1142
~~least one thousand electors of the territory of the court, which~~ 1143
~~petitions shall be signed, verified, and filed in the manner and~~ 1144
~~within the time required by law for nominating petitions for~~ 1145
~~members of council of the city of Cincinnati. The judges shall be~~ 1146
~~elected by the electors of the territory of the court at the~~ 1147
~~regular municipal election and in the manner provided by law for~~ 1148
~~the election of judges of the court of common pleas.~~ 1149

       ~~(5) In the Franklin county municipal court, the judges shall~~ 1150
~~be nominated only by petition. The petition shall be signed by at~~ 1151
~~least one thousand electors of the territory of the court. The~~ 1152
~~petition shall be in the statutory form and shall be filed in the~~ 1153
~~manner and within the time prescribed by the charter of the city~~ 1154
~~of Columbus for filing petitions of candidates for municipal~~ 1155
~~offices. The judges shall be elected by the electors of the~~ 1156
~~territory of the court in the manner provided by law for the~~ 1157
~~election of judges of the court of common pleas.~~ 1158

       ~~(6) In the Auglaize, Brown, Clermont, Crawford, Hocking,~~ 1159
~~Jackson, Lawrence, Madison, Miami, Morrow, Portage, and Wayne~~ 1160
~~county municipal courts, the judges shall be nominated only by~~ 1161
~~petition. The petitions shall be signed by at least two hundred~~ 1162
~~fifty electors of the territory of the court and shall conform to~~ 1163
~~the provisions of this section.~~ 1164

       ~~(D)~~ As used in this section, as to an election for either a 1165
full or an unexpired term, "the territory within the jurisdiction 1166
of the court" means such territory as it will be on the first day 1167
of January after the election. 1168

       Sec. 1901.10. (A)(1)(a) The judges of the municipal court 1169
and officers of the court shall take an oath of office, as 1170
provided in section 3.23 of the Revised Code. The office of judge 1171
of the municipal court is subject to forfeiture, and the judge may 1172
be removed from office, for the causes and by the procedure 1173
provided in sections 3.07 to 3.10 of the Revised Code. A vacancy 1174
in the office of judge exists upon the death, resignation, 1175
forfeiture, removal from office, or absence from official duties 1176
for a period of six consecutive months, as determined under this 1177
section, of the judge and also by reason of the expiration of the 1178
term of an incumbent when no successor has been elected or 1179
qualified. The chief justice of the supreme court may designate a 1180
judge of another municipal court to act until that vacancy is 1181
filled in accordance with section 107.08 of the Revised Code. A 1182
vacancy resulting from the absence of a ~~municipal~~ judge from 1183
official duties for a period of six consecutive months shall be 1184
determined and declared by the legislative authority. 1185

       (b) If a vacancy occurs in the office of judge or clerk of 1186
the municipal court after the one-hundredth day before the first 1187
Tuesday after the first Monday in May and prior to the fortieth 1188
day before the day of the general election, all candidates for 1189
election to ~~such~~the unexpired term ~~for the office~~ of the judge or 1190
clerk ~~of the municipal court~~ shall file nominating petitions with 1191
the board of elections not later than four p.m. on the tenth day 1192
following the day on which the vacancy occurs, ~~provided~~except 1193
that, when the vacancy occurs fewer than six days before the 1194
fortieth day before the general election, the deadline for filing 1195
shall be four p.m. on the thirty-sixth day before the day of the 1196
general election. 1197

       (c) ~~Except as otherwise provided in division (A)(1)(d) of~~ 1198
~~this section, each~~Each nominating petition referred to in 1199
division (A)(1)(b) of this section shall be in the form prescribed 1200
in section 3513.261 of the Revised Code and shall be signed by at 1201
least fifty qualified electors of the territory of the municipal 1202
court ~~not less in number than one per cent of the number of~~ 1203
~~electors who voted for governor at the most recent regular state~~ 1204
~~election in the territory over which such court has jurisdiction,~~ 1205
~~or twenty-five hundred electors, whichever is the lesser number.~~ 1206

       ~~(d) For any such vacancy occurring in the office of judge or~~ 1207
~~clerk of a municipal court named in division (C)(1), (2), (3),~~ 1208
~~(4), (5), or (6) of section 1901.07 of the Revised Code, each~~ 1209
~~nominating petition shall be signed by qualified electors of the~~ 1210
~~territory of the municipal court not less in number than one per~~ 1211
~~cent of the number of electors who voted for governor at the most~~ 1212
~~recent regular state election in the territory over which the~~ 1213
~~court has jurisdiction, or the number of qualified electors~~ 1214
~~required to sign a nominating petition in each of those divisions,~~ 1215
~~as applicable to each particular court, whichever is the lesser~~ 1216
~~number.~~ 1217

       ~~(e) No~~. No nominating petition shall be accepted for filing 1218
or filed if it appears on its face to contain signatures 1219
aggregating in number more than twice the minimum aggregate number 1220
of signatures required by this section. 1221

       (2) If a judge of a municipal court that has only one judge 1222
is temporarily absent, incapacitated, or otherwise unavailable, 1223
the judge may appoint a substitute who has the qualifications 1224
required by section 1901.06 of the Revised Code or a retired judge 1225
of a court of record who is a qualified elector and a resident of 1226
the territory of the court. If the judge is unable to make the 1227
appointment, the chief justice of the supreme court shall appoint 1228
a substitute. The appointee shall serve during the absence, 1229
incapacity, or unavailability of the incumbent, shall have the 1230
jurisdiction and powers conferred upon the judge of the municipal 1231
court, and shall be styled "acting judge." During that time of 1232
service, the acting judge shall sign all process and records and 1233
shall perform all acts pertaining to the office, except that of 1234
removal and appointment of officers of the court. All courts shall 1235
take judicial notice of the selection and powers of the acting 1236
judge. The incumbent judge shall establish the amount of 1237
compensation of an acting judge upon either a per diem, hourly, or 1238
other basis, but the rate of pay shall not exceed the per diem 1239
amount received by the incumbent judge. 1240

       (B) When the volume of cases pending in any municipal court 1241
necessitates an additional judge, the chief justice of the supreme 1242
court, upon the written request of the judge or presiding judge of 1243
that municipal court, may designate a judge of another municipal 1244
court or county court to serve for any period of time that the 1245
chief justice may prescribe. The compensation of a judge so 1246
designated shall be paid from the city treasury or, in the case of 1247
a county-operated municipal court, from the county treasury. In 1248
addition to the annual salary provided for in section 1901.11 of 1249
the Revised Code and in addition to any compensation under 1250
division (A)(5) or (6) of section 141.04 of the Revised Code to 1251
which the judge is entitled in connection with the judge's own 1252
court, a full-time or part-time judge while holding court outside 1253
the judge's territory on the designation of the chief justice 1254
shall receive actual and necessary expenses and compensation as 1255
follows: 1256

       (1) A full-time judge shall receive thirty dollars for each 1257
day of the assignment. 1258

       (2) A part-time judge shall receive for each day of the 1259
assignment the per diem compensation of the judges of the court to 1260
which the judge is assigned, less the per diem amount paid to 1261
those judges pursuant to section 141.04 of the Revised Code, 1262
calculated on the basis of two hundred fifty working days per 1263
year. 1264

       If a request is made by a judge or the presiding judge of a 1265
municipal court to designate a judge of another municipal court 1266
because of the volume of cases in the court for which the request 1267
is made and the chief justice reports, in writing, that no 1268
municipal or county court judge is available to serve by 1269
designation, the judges of the court requesting the designation 1270
may appoint a substitute as provided in division (A)(2) of this 1271
section, who may serve for any period of time that is prescribed 1272
by the chief justice. The substitute judge shall be paid in the 1273
same manner and at the same rate as the incumbent judges, except 1274
that, if the substitute judge is entitled to compensation under 1275
division (A)(5) or (6) of section 141.04 of the Revised Code, then 1276
section 1901.121 of the Revised Code shall govern its payment. 1277

       Sec. 1901.31. The clerk and deputy clerks of a municipal 1278
court shall be selected, be compensated, give bond, and have 1279
powers and duties as follows: 1280

       (A) There shall be a clerk of the court who is appointed or 1281
elected as follows: 1282

       (1)(a) Except in the ~~Akron, Barberton, Cuyahoga Falls,~~ 1283
Medina, ~~Toledo,~~ Hamilton county, Portage county, and Wayne county 1284
municipal courts, if the population of the territory equals or 1285
exceeds one hundred thousand at the regular municipal election 1286
immediately preceding the expiration of the term of the present 1287
clerk, the clerk shall be nominated and elected by the qualified 1288
electors of the territory in the manner that is provided for the 1289
nomination and election of judges in section 1901.07 of the 1290
Revised Code. 1291

       The clerk so elected shall hold office for a term of six 1292
years, which term shall commence on the first day of January 1293
following the clerk's election and continue until the clerk's 1294
successor is elected and qualified. 1295

       (b) In the Hamilton county municipal court, the clerk of 1296
courts of Hamilton county shall be the clerk of the municipal 1297
court and may appoint an assistant clerk who shall receive the 1298
compensation, payable out of the treasury of Hamilton county in 1299
semimonthly installments, that the board of county commissioners 1300
prescribes. The clerk of courts of Hamilton county, acting as the 1301
clerk of the Hamilton county municipal court and assuming the 1302
duties of that office, shall receive compensation at one-fourth 1303
the rate that is prescribed for the clerks of courts of common 1304
pleas as determined in accordance with the population of the 1305
county and the rates set forth in sections 325.08 and 325.18 of 1306
the Revised Code. This compensation shall be paid from the county 1307
treasury in semimonthly installments and is in addition to the 1308
annual compensation that is received for the performance of the 1309
duties of the clerk of courts of Hamilton county, as provided in 1310
sections 325.08 and 325.18 of the Revised Code. 1311

       (c) In the Portage county and Wayne county municipal courts, 1312
the clerks of courts of Portage county and Wayne county shall be 1313
the clerks, respectively, of the Portage county and Wayne county 1314
municipal courts and may appoint a chief deputy clerk for each 1315
branch that is established pursuant to section 1901.311 of the 1316
Revised Code and assistant clerks as the judges of the municipal 1317
court determine are necessary, all of whom shall receive the 1318
compensation that the legislative authority prescribes. The clerks 1319
of courts of Portage county and Wayne county, acting as the clerks 1320
of the Portage county and Wayne county municipal courts and 1321
assuming the duties of these offices, shall receive compensation 1322
payable from the county treasury in semimonthly installments at 1323
one-fourth the rate that is prescribed for the clerks of courts of 1324
common pleas as determined in accordance with the population of 1325
the county and the rates set forth in sections 325.08 and 325.18 1326
of the Revised Code. 1327

       (d) ~~Except as otherwise provided in division (A)(1)(d) of~~ 1328
~~this section, in the Akron municipal court, candidates for~~ 1329
~~election to the office of clerk of the court shall be nominated by~~ 1330
~~primary election. The primary election shall be held on the day~~ 1331
~~specified in the charter of the city of Akron for the nomination~~ 1332
~~of municipal officers. Notwithstanding section 3513.257 of the~~ 1333
~~Revised Code, the nominating petitions of independent candidates~~ 1334
~~shall be signed by at least two hundred fifty qualified electors~~ 1335
~~of the territory of the court.~~ 1336

       ~~The candidates shall file a declaration of candidacy and~~ 1337
~~petition, or a nominating petition, whichever is applicable, not~~ 1338
~~later than four p.m. of the seventy-fifth day before the day of~~ 1339
~~the primary election, in the form prescribed by section 3513.07 or~~ 1340
~~3513.261 of the Revised Code. The declaration of candidacy and~~ 1341
~~petition, or the nominating petition, shall conform to the~~ 1342
~~applicable requirements of section 3513.05 or 3513.257 of the~~ 1343
~~Revised Code.~~ 1344

       ~~If no valid declaration of candidacy and petition is filed by~~ 1345
~~any person for nomination as a candidate of a particular political~~ 1346
~~party for election to the office of clerk of the Akron municipal~~ 1347
~~court, a primary election shall not be held for the purpose of~~ 1348
~~nominating a candidate of that party for election to that office.~~ 1349
~~If only one person files a valid declaration of candidacy and~~ 1350
~~petition for nomination as a candidate of a particular political~~ 1351
~~party for election to that office, a primary election shall not be~~ 1352
~~held for the purpose of nominating a candidate of that party for~~ 1353
~~election to that office, and the candidate shall be issued a~~ 1354
~~certificate of nomination in the manner set forth in section~~ 1355
~~3513.02 of the Revised Code.~~ 1356

       ~~Declarations of candidacy and petitions, nominating~~ 1357
~~petitions, and certificates of nomination for the office of clerk~~ 1358
~~of the Akron municipal court shall contain a designation of the~~ 1359
~~term for which the candidate seeks election. At the following~~ 1360
~~regular municipal election, all candidates for the office shall be~~ 1361
~~submitted to the qualified electors of the territory of the court~~ 1362
~~in the manner that is provided in section 1901.07 of the Revised~~ 1363
~~Code for the election of the judges of the court. The clerk so~~ 1364
~~elected shall hold office for a term of six years, which term~~ 1365
~~shall commence on the first day of January following the clerk's~~ 1366
~~election and continue until the clerk's successor is elected and~~ 1367
~~qualified.~~ 1368

       ~~(e)~~ Irrespective of the population of the territory of the 1369
Medina municipal court, the clerk of that court shall be appointed 1370
pursuant to division (A)(2)(a) of this section by the judges of 1371
that court, shall hold office until the clerk's successor is 1372
similarly appointed and qualified, and shall receive pursuant to 1373
division (C) of this section the annual compensation that the 1374
legislative authority prescribes and that is payable in 1375
semimonthly installments from the same sources and in the same 1376
manner as provided in section 1901.11 of the Revised Code. 1377

       ~~(f) Except as otherwise provided in division (A)(1)(f) of~~ 1378
~~this section, in the Barberton municipal court, candidates for~~ 1379
~~election to the office of clerk of the court shall be nominated by~~ 1380
~~primary election. The primary election shall be held on the day~~ 1381
~~specified in the charter of the city of Barberton for the~~ 1382
~~nomination of municipal officers. Notwithstanding section 3513.257~~ 1383
~~of the Revised Code, the nominating petitions of independent~~ 1384
~~candidates shall be signed by at least two hundred fifty qualified~~ 1385
~~electors of the territory of the court.~~ 1386

       ~~The candidates shall file a declaration of candidacy and~~ 1387
~~petition, or a nominating petition, whichever is applicable, not~~ 1388
~~later than four p.m. of the seventy-fifth day before the day of~~ 1389
~~the primary election, in the form prescribed by section 3513.07 or~~ 1390
~~3513.261 of the Revised Code. The declaration of candidacy and~~ 1391
~~petition, or the nominating petition, shall conform to the~~ 1392
~~applicable requirements of section 3513.05 or 3513.257 of the~~ 1393
~~Revised Code.~~ 1394

       ~~If no valid declaration of candidacy and petition is filed by~~ 1395
~~any person for nomination as a candidate of a particular political~~ 1396
~~party for election to the office of clerk of the Barberton~~ 1397
~~municipal court, a primary election shall not be held for the~~ 1398
~~purpose of nominating a candidate of that party for election to~~ 1399
~~that office. If only one person files a valid declaration of~~ 1400
~~candidacy and petition for nomination as a candidate of a~~ 1401
~~particular political party for election to that office, a primary~~ 1402
~~election shall not be held for the purpose of nominating a~~ 1403
~~candidate of that party for election to that office, and the~~ 1404
~~candidate shall be issued a certificate of nomination in the~~ 1405
~~manner set forth in section 3513.02 of the Revised Code.~~ 1406

       ~~Declarations of candidacy and petitions, nominating~~ 1407
~~petitions, and certificates of nomination for the office of clerk~~ 1408
~~of the Barberton municipal court shall contain a designation of~~ 1409
~~the term for which the candidate seeks election. At the following~~ 1410
~~regular municipal election, all candidates for the office shall be~~ 1411
~~submitted to the qualified electors of the territory of the court~~ 1412
~~in the manner that is provided in section 1901.07 of the Revised~~ 1413
~~Code for the election of the judges of the court. The clerk so~~ 1414
~~elected shall hold office for a term of six years, which term~~ 1415
~~shall commence on the first day of January following the clerk's~~ 1416
~~election and continue until the clerk's successor is elected and~~ 1417
~~qualified.~~ 1418

       ~~(g) Except as otherwise provided in division (A)(1)(g) of~~ 1419
~~this section, in the Cuyahoga Falls municipal court, candidates~~ 1420
~~for election to the office of clerk of the court shall be~~ 1421
~~nominated by primary election. The primary election shall be held~~ 1422
~~on the day specified in the charter of the city of Cuyahoga Falls~~ 1423
~~for the nomination of municipal officers. Notwithstanding section~~ 1424
~~3513.257 of the Revised Code, the nominating petitions of~~ 1425
~~independent candidates shall be signed by at least two hundred~~ 1426
~~fifty qualified electors of the territory of the court.~~ 1427

       ~~The candidates shall file a declaration of candidacy and~~ 1428
~~petition, or a nominating petition, whichever is applicable, not~~ 1429
~~later than four p.m. of the seventy-fifth day before the day of~~ 1430
~~the primary election, in the form prescribed by section 3513.07 or~~ 1431
~~3513.261 of the Revised Code. The declaration of candidacy and~~ 1432
~~petition, or the nominating petition, shall conform to the~~ 1433
~~applicable requirements of section 3513.05 or 3513.257 of the~~ 1434
~~Revised Code.~~ 1435

       ~~If no valid declaration of candidacy and petition is filed by~~ 1436
~~any person for nomination as a candidate of a particular political~~ 1437
~~party for election to the office of clerk of the Cuyahoga Falls~~ 1438
~~municipal court, a primary election shall not be held for the~~ 1439
~~purpose of nominating a candidate of that party for election to~~ 1440
~~that office. If only one person files a valid declaration of~~ 1441
~~candidacy and petition for nomination as a candidate of a~~ 1442
~~particular political party for election to that office, a primary~~ 1443
~~election shall not be held for the purpose of nominating a~~ 1444
~~candidate of that party for election to that office, and the~~ 1445
~~candidate shall be issued a certificate of nomination in the~~ 1446
~~manner set forth in section 3513.02 of the Revised Code.~~ 1447

       ~~Declarations of candidacy and petitions, nominating~~ 1448
~~petitions, and certificates of nomination for the office of clerk~~ 1449
~~of the Cuyahoga Falls municipal court shall contain a designation~~ 1450
~~of the term for which the candidate seeks election. At the~~ 1451
~~following regular municipal election, all candidates for the~~ 1452
~~office shall be submitted to the qualified electors of the~~ 1453
~~territory of the court in the manner that is provided in section~~ 1454
~~1901.07 of the Revised Code for the election of the judges of the~~ 1455
~~court. The clerk so elected shall hold office for a term of six~~ 1456
~~years, which term shall commence on the first day of January~~ 1457
~~following the clerk's election and continue until the clerk's~~ 1458
~~successor is elected and qualified.~~ 1459

       ~~(h) Except as otherwise provided in division (A)(1)(h) of~~ 1460
~~this section, in the Toledo municipal court, candidates for~~ 1461
~~election to the office of clerk of the court shall be nominated by~~ 1462
~~primary election. The primary election shall be held on the day~~ 1463
~~specified in the charter of the city of Toledo for the nomination~~ 1464
~~of municipal officers. Notwithstanding section 3513.257 of the~~ 1465
~~Revised Code, the nominating petitions of independent candidates~~ 1466
~~shall be signed by at least two hundred fifty qualified electors~~ 1467
~~of the territory of the court.~~ 1468

       ~~The candidates shall file a declaration of candidacy and~~ 1469
~~petition, or a nominating petition, whichever is applicable, not~~ 1470
~~later than four p.m. of the seventy-fifth day before the day of~~ 1471
~~the primary election, in the form prescribed by section 3513.07 or~~ 1472
~~3513.261 of the Revised Code. The declaration of candidacy and~~ 1473
~~petition, or the nominating petition, shall conform to the~~ 1474
~~applicable requirements of section 3513.05 or 3513.257 of the~~ 1475
~~Revised Code.~~ 1476

       ~~If no valid declaration of candidacy and petition is filed by~~ 1477
~~any person for nomination as a candidate of a particular political~~ 1478
~~party for election to the office of clerk of the Toledo municipal~~ 1479
~~court, a primary election shall not be held for the purpose of~~ 1480
~~nominating a candidate of that party for election to that office.~~ 1481
~~If only one person files a valid declaration of candidacy and~~ 1482
~~petition for nomination as a candidate of a particular political~~ 1483
~~party for election to that office, a primary election shall not be~~ 1484
~~held for the purpose of nominating a candidate of that party for~~ 1485
~~election to that office, and the candidate shall be issued a~~ 1486
~~certificate of nomination in the manner set forth in section~~ 1487
~~3513.02 of the Revised Code.~~ 1488

       ~~Declarations of candidacy and petitions, nominating~~ 1489
~~petitions, and certificates of nomination for the office of clerk~~ 1490
~~of the Toledo municipal court shall contain a designation of the~~ 1491
~~term for which the candidate seeks election. At the following~~ 1492
~~regular municipal election, all candidates for the office shall be~~ 1493
~~submitted to the qualified electors of the territory of the court~~ 1494
~~in the manner that is provided in section 1901.07 of the Revised~~ 1495
~~Code for the election of the judges of the court. The clerk so~~ 1496
~~elected shall hold office for a term of six years, which term~~ 1497
~~shall commence on the first day of January following the clerk's~~ 1498
~~election and continue until the clerk's successor is elected and~~ 1499
~~qualified.~~ 1500

       (2)(a) Except for the Alliance, Auglaize county, Brown 1501
county, Columbiana county, Lorain, Massillon, and Youngstown 1502
municipal courts, in a municipal court for which the population of 1503
the territory is less than one hundred thousand and in the Medina 1504
municipal court, the clerk shall be appointed by the court, and 1505
the clerk shall hold office until the clerk's successor is 1506
appointed and qualified. 1507

       (b) In the Alliance, Lorain, Massillon, and Youngstown 1508
municipal courts, the clerk shall be elected for a term of office 1509
as described in division (A)(1)(a) of this section. 1510

       (c) In the Auglaize county and Brown county municipal courts, 1511
the clerks of courts of Auglaize county and Brown county shall be 1512
the clerks, respectively, of the Auglaize county and Brown county 1513
municipal courts and may appoint a chief deputy clerk for each 1514
branch that is established pursuant to section 1901.311 of the 1515
Revised Code, and assistant clerks as the judge of the court 1516
determines are necessary, all of whom shall receive the 1517
compensation that the legislative authority prescribes. The clerks 1518
of courts of Auglaize county and Brown county, acting as the 1519
clerks of the Auglaize county and Brown county municipal courts 1520
and assuming the duties of these offices, shall receive 1521
compensation payable from the county treasury in semimonthly 1522
installments at one-fourth the rate that is prescribed for the 1523
clerks of courts of common pleas as determined in accordance with 1524
the population of the county and the rates set forth in sections 1525
325.08 and 325.18 of the Revised Code. 1526

       (d) In the Columbiana county municipal court, the clerk of 1527
courts of Columbiana county shall be the clerk of the municipal 1528
court, may appoint a chief deputy clerk for each branch office 1529
that is established pursuant to section 1901.311 of the Revised 1530
Code, and may appoint any assistant clerks that the judges of the 1531
court determine are necessary. All of the chief deputy clerks and 1532
assistant clerks shall receive the compensation that the 1533
legislative authority prescribes. The clerk of courts of 1534
Columbiana county, acting as the clerk of the Columbiana county 1535
municipal court and assuming the duties of that office, shall 1536
receive compensation payable from the county treasury in 1537
semimonthly installments at one-fourth the rate that is prescribed 1538
for the clerks of courts of common pleas as determined in 1539
accordance with the population of the county and the rates set 1540
forth in sections 325.08 and 325.18 of the Revised Code. 1541

       (3) During the temporary absence of the clerk due to illness, 1542
vacation, or other proper cause, the court may appoint a temporary 1543
clerk, who shall be paid the same compensation, have the same 1544
authority, and perform the same duties as the clerk. 1545

       (B) Except in the Hamilton county, Medina, Portage county, 1546
and Wayne county municipal courts, if a vacancy occurs in the 1547
office of the clerk of the Alliance, Lorain, Massillon, or 1548
Youngstown municipal court or occurs in the office of the clerk of 1549
a municipal court for which the population of the territory equals 1550
or exceeds one hundred thousand because the clerk ceases to hold 1551
the office before the end of the clerk's term or because a 1552
clerk-elect fails to take office, the vacancy shall be filled, 1553
until a successor is elected and qualified, by a person chosen by 1554
the residents of the territory of the court who are members of the 1555
county central committee of the political party by which the last 1556
occupant of that office or the clerk-elect was nominated. Not less 1557
than five nor more than fifteen days after a vacancy occurs, those 1558
members of that county central committee shall meet to make an 1559
appointment to fill the vacancy. At least four days before the 1560
date of the meeting, the chairperson or a secretary of the county 1561
central committee shall notify each such member of that county 1562
central committee by first class mail of the date, time, and place 1563
of the meeting and its purpose. A majority of all such members of 1564
that county central committee constitutes a quorum, and a majority 1565
of the quorum is required to make the appointment. If the office 1566
so vacated was occupied or was to be occupied by a person not 1567
nominated at a primary election, or if the appointment was not 1568
made by the committee members in accordance with this division, 1569
the court shall make an appointment to fill the vacancy. A 1570
successor shall be elected to fill the office for the unexpired 1571
term at the first municipal election that is held more than one 1572
hundred twenty days after the vacancy occurred. 1573

       (C)(1) In a municipal court, other than the Auglaize county, 1574
the Brown county, the Columbiana county, and the Lorain municipal 1575
courts, for which the population of the territory is less than one 1576
hundred thousand and in the Medina municipal court, the clerk of 1577
the municipal court shall receive the annual compensation that the 1578
presiding judge of the court prescribes, if the revenue of the 1579
court for the preceding calendar year, as certified by the auditor 1580
or chief fiscal officer of the municipal corporation in which the 1581
court is located or, in the case of a county-operated municipal 1582
court, the county auditor, is equal to or greater than the 1583
expenditures, including any debt charges, for the operation of the 1584
court payable under this chapter from the city treasury or, in the 1585
case of a county-operated municipal court, the county treasury for 1586
that calendar year, as also certified by the auditor or chief 1587
fiscal officer. If the revenue of a municipal court, other than 1588
the Auglaize county, the Brown county, the Columbiana county, and 1589
the Lorain municipal courts, for which the population of the 1590
territory is less than one hundred thousand or the revenue of the 1591
Medina municipal court for the preceding calendar year as so 1592
certified is not equal to or greater than those expenditures for 1593
the operation of the court for that calendar year as so certified, 1594
the clerk of a municipal court shall receive the annual 1595
compensation that the legislative authority prescribes. As used in 1596
this division, "revenue" means the total of all costs and fees 1597
that are collected and paid to the city treasury or, in a 1598
county-operated municipal court, the county treasury by the clerk 1599
of the municipal court under division (F) of this section and all 1600
interest received and paid to the city treasury or, in a 1601
county-operated municipal court, the county treasury in relation 1602
to the costs and fees under division (G) of this section. 1603

       (2) In a municipal court, other than the Hamilton county, 1604
Medina, Portage county, and Wayne county municipal courts, for 1605
which the population of the territory is one hundred thousand or 1606
more, and in the Lorain municipal court, the clerk of the 1607
municipal court shall receive annual compensation in a sum equal 1608
to eighty-five per cent of the salary of a judge of the court. 1609

       (3) The compensation of a clerk described in division (C)(1) 1610
or (2) of this section is payable in semimonthly installments from 1611
the same sources and in the same manner as provided in section 1612
1901.11 of the Revised Code. 1613

       (D) Before entering upon the duties of the clerk's office, 1614
the clerk of a municipal court shall give bond of not less than 1615
six thousand dollars to be determined by the judges of the court, 1616
conditioned upon the faithful performance of the clerk's duties. 1617

       (E) The clerk of a municipal court may do all of the 1618
following: administer oaths, take affidavits, and issue executions 1619
upon any judgment rendered in the court, including a judgment for 1620
unpaid costs; issue, sign, and attach the seal of the court to all 1621
writs, process, subpoenas, and papers issuing out of the court; 1622
and approve all bonds, sureties, recognizances, and undertakings 1623
fixed by any judge of the court or by law. The clerk may refuse to 1624
accept for filing any pleading or paper submitted for filing by a 1625
person who has been found to be a vexatious litigator under 1626
section 2323.52 of the Revised Code and who has failed to obtain 1627
leave to proceed under that section. The clerk shall do all of the 1628
following: file and safely keep all journals, records, books, and 1629
papers belonging or appertaining to the court; record the 1630
proceedings of the court; perform all other duties that the judges 1631
of the court may prescribe; and keep a book showing all receipts 1632
and disbursements, which book shall be open for public inspection 1633
at all times. 1634

       The clerk shall prepare and maintain a general index, a 1635
docket, and other records that the court, by rule, requires, all 1636
of which shall be the public records of the court. In the docket, 1637
the clerk shall enter, at the time of the commencement of an 1638
action, the names of the parties in full, the names of the 1639
counsel, and the nature of the proceedings. Under proper dates, 1640
the clerk shall note the filing of the complaint, issuing of 1641
summons or other process, returns, and any subsequent pleadings. 1642
The clerk also shall enter all reports, verdicts, orders, 1643
judgments, and proceedings of the court, clearly specifying the 1644
relief granted or orders made in each action. The court may order 1645
an extended record of any of the above to be made and entered, 1646
under the proper action heading, upon the docket at the request of 1647
any party to the case, the expense of which record may be taxed as 1648
costs in the case or may be required to be prepaid by the party 1649
demanding the record, upon order of the court. 1650

       (F) The clerk of a municipal court shall receive, collect, 1651
and issue receipts for all costs, fees, fines, bail, and other 1652
moneys payable to the office or to any officer of the court. The 1653
clerk shall each month disburse to the proper persons or officers, 1654
and take receipts for, all costs, fees, fines, bail, and other 1655
moneys that the clerk collects. Subject to sections 3375.50 and 1656
4511.193 of the Revised Code and to any other section of the 1657
Revised Code that requires a specific manner of disbursement of 1658
any moneys received by a municipal court and except for the 1659
Hamilton county, Lawrence county, and Ottawa county municipal 1660
courts, the clerk shall pay all fines received for violation of 1661
municipal ordinances into the treasury of the municipal 1662
corporation the ordinance of which was violated and shall pay all 1663
fines received for violation of township resolutions adopted 1664
pursuant to Chapter 504. of the Revised Code into the treasury of 1665
the township the resolution of which was violated. Subject to 1666
sections 1901.024 and 4511.193 of the Revised Code, in the 1667
Hamilton county, Lawrence county, and Ottawa county municipal 1668
courts, the clerk shall pay fifty per cent of the fines received 1669
for violation of municipal ordinances and fifty per cent of the 1670
fines received for violation of township resolutions adopted 1671
pursuant to Chapter 504. of the Revised Code into the treasury of 1672
the county. Subject to sections 3375.50, 3375.53, 4511.19, and 1673
5503.04 of the Revised Code and to any other section of the 1674
Revised Code that requires a specific manner of disbursement of 1675
any moneys received by a municipal court, the clerk shall pay all 1676
fines collected for the violation of state laws into the county 1677
treasury. Except in a county-operated municipal court, the clerk 1678
shall pay all costs and fees the disbursement of which is not 1679
otherwise provided for in the Revised Code into the city treasury. 1680
The clerk of a county-operated municipal court shall pay the costs 1681
and fees the disbursement of which is not otherwise provided for 1682
in the Revised Code into the county treasury. Moneys deposited as 1683
security for costs shall be retained pending the litigation. The 1684
clerk shall keep a separate account of all receipts and 1685
disbursements in civil and criminal cases, which shall be a 1686
permanent public record of the office. On the expiration of the 1687
term of the clerk, the clerk shall deliver the records to the 1688
clerk's successor. The clerk shall have other powers and duties as 1689
are prescribed by rule or order of the court. 1690

       (G) All moneys paid into a municipal court shall be noted on 1691
the record of the case in which they are paid and shall be 1692
deposited in a state or national bank, or a domestic savings and 1693
loan association, as defined in section 1151.01 of the Revised 1694
Code, that is selected by the clerk. Any interest received upon 1695
the deposits shall be paid into the city treasury, except that, in 1696
a county-operated municipal court, the interest shall be paid into 1697
the treasury of the county in which the court is located. 1698

       On the first Monday in January of each year, the clerk shall 1699
make a list of the titles of all cases in the court that were 1700
finally determined more than one year past in which there remains 1701
unclaimed in the possession of the clerk any funds, or any part of 1702
a deposit for security of costs not consumed by the costs in the 1703
case. The clerk shall give notice of the moneys to the parties who 1704
are entitled to the moneys or to their attorneys of record. All 1705
the moneys remaining unclaimed on the first day of April of each 1706
year shall be paid by the clerk to the city treasurer, except 1707
that, in a county-operated municipal court, the moneys shall be 1708
paid to the treasurer of the county in which the court is located. 1709
The treasurer shall pay any part of the moneys at any time to the 1710
person who has the right to the moneys upon proper certification 1711
of the clerk. 1712

       (H) Deputy clerks may be appointed by the clerk and shall 1713
receive the compensation, payable in semimonthly installments out 1714
of the city treasury, that the clerk may prescribe, except that 1715
the compensation of any deputy clerk of a county-operated 1716
municipal court shall be paid out of the treasury of the county in 1717
which the court is located. Each deputy clerk shall take an oath 1718
of office before entering upon the duties of the deputy clerk's 1719
office and, when so qualified, may perform the duties appertaining 1720
to the office of the clerk. The clerk may require any of the 1721
deputy clerks to give bond of not less than three thousand 1722
dollars, conditioned for the faithful performance of the deputy 1723
clerk's duties. 1724

       (I) For the purposes of this section, whenever the population 1725
of the territory of a municipal court falls below one hundred 1726
thousand but not below ninety thousand, and the population of the 1727
territory prior to the most recent regular federal census exceeded 1728
one hundred thousand, the legislative authority of the municipal 1729
corporation may declare, by resolution, that the territory shall 1730
be considered to have a population of at least one hundred 1731
thousand. 1732

       (J) The clerk or a deputy clerk shall be in attendance at all 1733
sessions of the municipal court, although not necessarily in the 1734
courtroom, and may administer oaths to witnesses and jurors and 1735
receive verdicts. 1736

       Sec. 1901.33. (A) The judge or judges of a municipal court 1737
may appoint one or more interpreters, one or more mental health 1738
professionals, one or more probation officers, an assignment 1739
commissioner, deputy assignment commissioners, and other court 1740
aides on a full-time, part-time, hourly, or other basis. Each 1741
appointee shall receive the compensation out of the city treasury 1742
that the legislative authority prescribes, except that, in a 1743
county-operated municipal court, they shall receive the 1744
compensation out of the treasury of the county in which the court 1745
is located that the board of county commissioners prescribes. 1746
Probation officers have all the powers of regular police officers 1747
and shall perform any duties that are designated by the judge or 1748
judges of the court. Assignment commissioners shall assign cases 1749
for trial and perform any other duties that the court directs. 1750

       The judge or judges may appoint one or more typists, 1751
stenographers, statistical clerks, and official court reporters, 1752
each of whom shall be paid the compensation out of the city 1753
treasury that the legislative authority prescribes, except that, 1754
in a county-operated municipal court, they shall be paid the 1755
compensation out of the treasury of the county in which the court 1756
is located that the board of county commissioners prescribes. 1757

       (B) If a municipal court appoints one or more probation 1758
officers, those officers shall constitute the municipal court 1759
department of probation unless the court designates other 1760
employees as the department of probation for the court. 1761

       (C) The chief probation officer may grant permission to a 1762
probation officer to carry firearms when required in the discharge 1763
of the probation officer's official duties if the probation 1764
officer has successfully completed a basic firearm training 1765
program that is approved by the executive director of the Ohio 1766
peace officer training commission. A probation officer who has 1767
been granted permission to carry a firearm in the discharge of the 1768
probation officer's official duties annually shall successfully 1769
complete a firearms requalification program in accordance with 1770
section 109.801 of the Revised Code. 1771

       (D) The judge or judges of a municipal court in which the 1772
clerk of the court is elected as provided in division (A)(1)(a) or 1773
~~(d)~~ or ~~(A)~~(2)(b) of section 1901.31 of the Revised Code may 1774
appoint an administrative assistant. The administrative assistant 1775
shall have charge of personnel-related matters of the court and 1776
shall perform any other administrative duties assigned by the 1777
court. The administrative assistant shall receive the compensation 1778
out of the city treasury that the court prescribes, except that, 1779
in a county-operated municipal court, the administrative assistant 1780
shall receive the compensation out of the treasury of the county 1781
in which the court is located that the court prescribes. 1782

       Sec. 3311.21. (A) In addition to the resolutions authorized 1783
by sections 5705.194, 5705.21, 5705.212, and 5705.213 of the 1784
Revised Code, the board of education of a joint vocational or 1785
cooperative education school district by a vote of two-thirds of 1786
its full membership may at any time adopt a resolution declaring 1787
the necessity to levy a tax in excess of the ten-mill limitation 1788
for a period not to exceed ten years to provide funds for any one 1789
or more of the following purposes, which may be stated in the 1790
following manner in such resolution, the ballot, and the notice of 1791
election: purchasing a site or enlargement thereof and for the 1792
erection and equipment of buildings; for the purpose of enlarging, 1793
improving, or rebuilding thereof; for the purpose of providing for 1794
the current expenses of the joint vocational or cooperative school 1795
district; or for a continuing period for the purpose of providing 1796
for the current expenses of the joint vocational or cooperative 1797
education school district. The resolution shall specify the amount 1798
of the proposed rate and, if a renewal, whether the levy is to 1799
renew all, or a portion of, the existing levy, and shall specify 1800
the first year in which the levy will be imposed. If the levy 1801
provides for but is not limited to current expenses, the 1802
resolution shall apportion the annual rate of the levy between 1803
current expenses and the other purpose or purposes. Such 1804
apportionment may but need not be the same for each year of the 1805
levy, but the respective portions of the rate actually levied each 1806
year for current expenses and the other purpose or purposes shall 1807
be limited by such apportionment. The portion of any such rate 1808
actually levied for current expenses of a joint vocational or 1809
cooperative education school district shall be used in applying 1810
division (A) of section 3317.01 of the Revised Code. The portion 1811
of any such rate not apportioned to the current expenses of a 1812
joint vocational or cooperative education school district shall be 1813
used in applying division (B) of this section. On the adoption of 1814
such resolution, the joint vocational or cooperative education 1815
school district board of education shall certify the resolution to 1816
the board of elections of the county containing the most populous 1817
portion of the district, which board shall receive resolutions for 1818
filing and send them to the boards of elections of each county in 1819
which territory of the district is located, furnish all ballots 1820
for the election as provided in section 3505.071 of the Revised 1821
Code, and prepare the election notice; and the board of elections 1822
of each county in which the territory of such district is located 1823
shall make the other necessary arrangements for the submission of 1824
the question to the electors of the joint vocational or 1825
cooperative education school district at the next primary or 1826
general election occurring not less than seventy-five days after 1827
the resolution was received from the joint vocational or 1828
cooperative education school district board of education, or at a 1829
special election to be held at a time designated by the district 1830
board of education consistent with the requirements of section 1831
3501.01 of the Revised Code, which date shall not be earlier than 1832
seventy-five days after the adoption and certification of the 1833
resolution. 1834

       The board of elections of the county or counties in which 1835
territory of the joint vocational or cooperative education school 1836
district is located shall cause to be published in one or more 1837
newspapers of general circulation in such district an 1838
advertisement of the proposed tax levy question together with a 1839
statement of the amount of the proposed levy once each week for 1840
~~three~~two consecutive weeks, prior to the election at which the 1841
question is to appear on the ballot. 1842

       If a majority of the electors voting on the question of 1843
levying such tax vote in favor of the levy, the joint vocational 1844
or cooperative education school district board of education shall 1845
annually make the levy within the district at the rate specified 1846
in the resolution and ballot or at any lesser rate, and the county 1847
auditor of each affected county shall annually place the levy on 1848
the tax list and duplicate of each school district in ~~his~~the 1849
county having territory in the joint vocational or cooperative 1850
education school district. The taxes realized from the levy shall 1851
be collected at the same time and in the same manner as other 1852
taxes on the duplicate, and the taxes, when collected, shall be 1853
paid to the treasurer of the joint vocational or cooperative 1854
education school district and deposited ~~by him~~ to a special fund, 1855
which shall be established by the joint vocational or cooperative 1856
education school district board of education for all revenue 1857
derived from any tax levied pursuant to this section and for the 1858
proceeds of anticipation notes which shall be deposited in such 1859
fund. After the approval of the levy, the joint vocational or 1860
cooperative education school district board of education may 1861
anticipate a fraction of the proceeds of the levy and from time to 1862
time, during the life of the levy, but in any year prior to the 1863
time when the tax collection from the levy so anticipated can be 1864
made for that year, issue anticipation notes in an amount not 1865
exceeding fifty per cent of the estimated proceeds of the levy to 1866
be collected in each year up to a period of five years after the 1867
date of the issuance of the notes, less an amount equal to the 1868
proceeds of the levy obligated for each year by the issuance of 1869
anticipation notes, provided that the total amount maturing in any 1870
one year shall not exceed fifty per cent of the anticipated 1871
proceeds of the levy for that year. Each issue of notes shall be 1872
sold as provided in Chapter 133. of the Revised Code, and shall, 1873
except for such limitation that the total amount of such notes 1874
maturing in any one year shall not exceed fifty per cent of the 1875
anticipated proceeds of the levy for that year, mature serially in 1876
substantially equal installments, during each year over a period 1877
not to exceed five years after their issuance. 1878

       (B) Prior to the application of section 319.301 of the 1879
Revised Code, the rate of a levy that is limited to, or to the 1880
extent that it is apportioned to, purposes other than current 1881
expenses shall be reduced in the same proportion in which the 1882
district's total valuation increases during the life of the levy 1883
because of additions to such valuation that have resulted from 1884
improvements added to the tax list and duplicate. 1885

       (C) The form of ballot cast at an election under division (A) 1886
of this section shall be as prescribed by section 5705.25 of the 1887
Revised Code. 1888

       Sec. 3311.50. (A) As used in this section, "county school 1889
financing district" means a taxing district consisting of the 1890
following territory: 1891

       (1) The territory that constitutes the educational service 1892
center on the date that the governing board of that educational 1893
service center adopts a resolution under division (B) of this 1894
section declaring that the territory of the educational service 1895
center is a county school financing district, exclusive of any 1896
territory subsequently withdrawn from the district under division 1897
(D) of this section; 1898

       (2) Any territory that has been added to the county school 1899
financing district under this section. 1900

       A county school financing district may include the territory 1901
of a city, local, or exempted village school district whose 1902
territory also is included in the territory of one or more other 1903
county school financing districts. 1904

       (B) The governing board of any educational service center 1905
may, by resolution, declare that the territory of the educational 1906
service center is a county school financing district. The 1907
resolution shall state the purpose for which the county school 1908
financing district is created which may be for any one or more of 1909
the following purposes: 1910

       (1) To levy taxes for the provision of special education by 1911
the school districts that are a part of the district, including 1912
taxes for permanent improvements for special education; 1913

       (2) To levy taxes for the provision of specified educational 1914
programs and services by the school districts that are a part of 1915
the district, as identified in the resolution creating the 1916
district, including the levying of taxes for permanent 1917
improvements for those programs and services; 1918

       (3) To levy taxes for permanent improvements of school 1919
districts that are a part of the district. 1920

       The governing board of the educational service center that 1921
creates a county school financing district shall serve as the 1922
taxing authority of the district and may use educational service 1923
center governing board employees to perform any of the functions 1924
necessary in the performance of its duties as a taxing authority. 1925
A county school financing district shall not employ any personnel. 1926

       With the approval of a majority of the members of the board 1927
of education of each school district within the territory of the 1928
county school financing district, the taxing authority of the 1929
financing district may amend the resolution creating the district 1930
to broaden or narrow the purposes for which it was created. 1931

       A governing board of an educational service center may create 1932
more than one county school financing district. If a governing 1933
board of an educational service center creates more than one such 1934
district, it shall clearly distinguish among the districts it 1935
creates by including a designation of each district's purpose in 1936
the district's name. 1937

       (C) A majority of the members of a board of education of a 1938
city, local, or exempted village school district may adopt a 1939
resolution requesting that its territory be joined with the 1940
territory of any county school financing district. Copies of the 1941
resolution shall be filed with the state board of education and 1942
the taxing authority of the county school financing district. 1943
Within sixty days of its receipt of such a resolution, the county 1944
school financing district's taxing authority shall vote on the 1945
question of whether to accept the school district's territory as 1946
part of the county school financing district. If a majority of the 1947
members of the taxing authority vote to accept the territory, the 1948
school district's territory shall thereupon become a part of the 1949
county school financing district unless the county school 1950
financing district has in effect a tax imposed under section 1951
5705.211 of the Revised Code. If the county school financing 1952
district has such a tax in effect, the taxing authority shall 1953
certify a copy of its resolution accepting the school district's 1954
territory to the school district's board of education, which may 1955
then adopt a resolution, with the affirmative vote of a majority 1956
of its members, proposing the submission to the electors of the 1957
question of whether the district's territory shall become a part 1958
of the county school financing district and subject to the taxes 1959
imposed by the financing district. The resolution shall set forth 1960
the date on which the question shall be submitted to the electors, 1961
which shall be at a special election held on a date specified in 1962
the resolution, which shall not be earlier than seventy-five days 1963
after the adoption and certification of the resolution. A copy of 1964
the resolution shall immediately be certified to the board of 1965
elections of the proper county, which shall make arrangements for 1966
the submission of the proposal to the electors of the school 1967
district. The board of the joining district shall publish notice 1968
of the election in one or more newspapers of general circulation 1969
in the county once a week for ~~four~~two consecutive weeks. The 1970
question appearing on the ballot shall read: 1971

       "Shall the territory within .......... (name of the school 1972
district proposing to join the county school financing district) 1973
.......... be added to .......... (name) .......... county school 1974
financing district, and a property tax for the purposes of 1975
......... (here insert purposes) .......... at a rate of taxation 1976
not exceeding .......... (here insert the outstanding tax rate) 1977
........... be in effect for .......... (here insert the number of 1978
years the tax is to be in effect or "a continuing period of time," 1979
as applicable) ..........?" 1980

       If the proposal is approved by a majority of the electors 1981
voting on it, the joinder shall take effect on the first day of 1982
July following the date of the election, and the county board of 1983
elections shall notify the county auditor of each county in which 1984
the school district joining its territory to the county school 1985
financing district is located. 1986

       (D) The board of any city, local, or exempted village school 1987
district whose territory is part of a county school financing 1988
district may withdraw its territory from the county school 1989
financing district thirty days after submitting to the governing 1990
board that is the taxing authority of the district and the state 1991
board a resolution proclaiming such withdrawal, adopted by a 1992
majority vote of its members, but any county school financing 1993
district tax levied in such territory on the effective date of the 1994
withdrawal shall remain in effect in such territory until such tax 1995
expires or is renewed. No board may adopt a resolution withdrawing 1996
from a county school financing district that would take effect 1997
during the forty-five days preceding the date of an election at 1998
which a levy proposed under section 5705.215 of the Revised Code 1999
is to be voted upon. 2000

       (E) A city, local, or exempted village school district does 2001
not lose its separate identity or legal existence by reason of 2002
joining its territory to a county school financing district under 2003
this section and an educational service center does not lose its 2004
separate identity or legal existence by reason of creating a 2005
county school financing district that accepts or loses territory 2006
under this section. 2007

       Sec. 3311.73. (A) No later than seventy-five days before the 2008
general election held in the first even-numbered year occurring at 2009
least four years after the date it assumed control of the 2010
municipal school district pursuant to division (B) of section 2011
3311.71 of the Revised Code, the board of education appointed 2012
under that division shall notify the board of elections of each 2013
county containing territory of the municipal school district of 2014
the referendum election required by division (B) of this section. 2015

       (B) At the general election held in the first even-numbered 2016
year occurring at least four years after the date the new board 2017
assumed control of a municipal school district pursuant to 2018
division (B) of section 3311.71 of the Revised Code, the following 2019
question shall be submitted to the electors residing in the school 2020
district: 2021

       "Shall the mayor of ..... (here insert the name of the 2022
applicable municipal corporation)~~.....~~ continue to appoint the 2023
members of the board of education of the ..... (here insert the 2024
name of the municipal school district)~~.....~~?" 2025

       The board of elections of the county in which the majority of 2026
the school district's territory is located shall make all 2027
necessary arrangements for the submission of the question to the 2028
electors, and the election shall be conducted, canvassed, and 2029
certified in the same manner as regular elections in the district 2030
for the election of county officers, provided that in any such 2031
election in which only part of the electors of a precinct are 2032
qualified to vote, the board of elections may assign voters in 2033
such part to an adjoining precinct. Such an assignment may be made 2034
to an adjoining precinct in another county with the consent and 2035
approval of the board of elections of such other county. Notice of 2036
the election shall be published in a newspaper of general 2037
circulation in the school district once a week for ~~three~~two 2038
consecutive weeks prior to the election stating the question on 2039
which the election is being held. The ballot shall be in the form 2040
prescribed by the secretary of state. Costs of submitting the 2041
question to the electors shall be charged to the municipal school 2042
district in accordance with section 3501.17 of the Revised Code. 2043

       (C) If a majority of electors voting on the issue proposed in 2044
division (B) of this section approve the question, the mayor shall 2045
appoint a new board on the immediately following first day of July 2046
pursuant to division (F) of section 3311.71 of the Revised Code. 2047

       (D) If a majority of electors voting on the issue proposed in 2048
division (B) of this section disapprove the question, a new 2049
seven-member board of education shall be elected at the next 2050
regular election occurring in November of an odd-numbered year. At 2051
such election, four members shall be elected for terms of four 2052
years and three members shall be elected for terms of two years. 2053
Thereafter, their successors shall be elected in the same manner 2054
and for the same terms as members of boards of education of a city 2055
school district. All members of the board of education of a 2056
municipal school district appointed pursuant to division (B) of 2057
section 3311.71 of the Revised Code shall continue to serve after 2058
the end of the terms to which they were appointed until their 2059
successors are qualified and assume office in accordance with 2060
section 3313.09 of the Revised Code. 2061

       Sec. 3349.29. An agreement made pursuant to sections 3349.27 2062
and 3349.28 of the Revised Code is not effective unless it has 2063
been approved by the legislative authority of the municipal 2064
corporation with which the municipal university is identified, 2065
upon such legislative authority's determination that such 2066
agreement will be beneficial to the municipal corporation, and 2067
also approved by the Ohio board of regents, and, if required by 2068
any applicable appropriation measure, by the state controlling 2069
board, and any payment from state tax moneys provided for in the 2070
agreement will be subject to appropriations made by the general 2071
assembly. If provision is to be made under such agreement for the 2072
transfer of, or grant of the right to use, all or a substantial 2073
part of the assets of the municipal university to the state 2074
university and assumption by the state university of educational 2075
functions of the municipal university, such agreement shall not 2076
become effective, under sections 3349.27 to 3349.30~~, inclusive,~~ of 2077
the Revised Code until the electors of the municipal corporation 2078
have approved such transfer or grant. 2079

       The legislative authority of the municipal corporation shall, 2080
by ordinance, submit the question to the electors at a general, 2081
primary, or a special election to be held on the date specified in 2082
said ordinance. Such ordinance shall be certified to the board of 2083
elections not later than on the forty-fifth day preceding the date 2084
of such election. Notice of such election shall be published in 2085
one or more newspapers of general circulation in the municipal 2086
corporation once a week for ~~four~~two consecutive weeks. The form 2087
of the ballot to be used at said election shall be substantially 2088
as follows, with such variations as may be appropriate to reflect 2089
the general nature of the transfer or grant of use of assets and 2090
the transfer of educational functions contemplated: 2091

       "Shall assets of the municipal university known as 2092
.......................... be transferred to (make available for 2093
use by) a state university known as ........................... 2094
and the state university assume educational functions of the 2095
municipal university and provide higher education in (or in close 2096
proximity to) the city of .......................... to the 2097
residents of the city of ........................ and of the state 2098
of Ohio and such others as shall be admitted?" 2099

       The favorable vote of a majority of those voting on the 2100
proposition constitutes such approval as is required by this 2101
section. 2102

       Sec. 3354.12. (A) Upon the request by resolution approved by 2103
the board of trustees of a community college district, and upon 2104
certification to the board of elections not less than seventy-five 2105
days prior to the election, the boards of elections of the county 2106
or counties comprising such district shall place upon the ballot 2107
in their respective counties the question of levying a tax on all 2108
the taxable property in the community college district outside the 2109
ten-mill limitation, for a specified period of years or for a 2110
continuing period of time, to provide funds for any one or more of 2111
the following purposes: the acquisition of sites, the erection, 2112
furnishing, and equipment of buildings, the acquisition, 2113
construction, or improvement of any property which the board of 2114
trustees of a community college district is authorized to acquire, 2115
construct, or improve and which has an estimated life of 2116
usefulness of five years or more as certified by the fiscal 2117
officer, and the payment of operating costs. Not more than two 2118
special elections shall be held in any one calendar year. Levies 2119
for a continuing period of time adopted under this section may be 2120
reduced in accordance with section 5705.261 of the Revised Code. 2121

       If such proposal is to be or include the renewal of an 2122
existing levy at the expiration thereof, the ballot for such 2123
election shall state whether it is a renewal of a tax; a renewal 2124
of a stated number of mills and an increase of a stated number of 2125
mills, or a renewal of a part of an existing levy with a reduction 2126
of a stated number of mills; the year of the tax duplicate on 2127
which such renewal will first be made; and if earlier, the year of 2128
the tax duplicate on which such additional levy will first be 2129
made, which may include the tax duplicate for the current year 2130
unless the election is to be held after the first Tuesday after 2131
the first Monday in November of the current tax year. The ballot 2132
shall also state the period of years for such levy or that it is 2133
for a continuing period of time. If a levy for a continuing period 2134
of time provides for but is not limited to current expenses, the 2135
resolution of the board of trustees providing for the election on 2136
such levy shall apportion the annual rate of the levy between 2137
current expenses and the other purpose or purposes. Such 2138
apportionment need not be the same for each year of the levy, but 2139
the respective portions of the rate actually levied each year for 2140
current expenses and the other purpose or purposes shall be 2141
limited by such apportionment. The portion of the rate apportioned 2142
to the other purpose or purposes shall be reduced as provided in 2143
division (B) of this section. 2144

       If a majority of the electors in such district voting on such 2145
question approve thereof, the county auditor or auditors of the 2146
county or counties comprising such district shall annually, for 2147
the applicable years, place such levy on the tax duplicate in such 2148
district, in an amount determined by the board of trustees, but 2149
not to exceed the amount set forth in the proposition approved by 2150
the electors. 2151

       The boards of trustees of a community college district shall 2152
establish a special fund for all revenue derived from any tax 2153
levied pursuant to this section. 2154

       The boards of elections of the county or counties comprising 2155
the district shall cause to be published in a newspaper of general 2156
circulation in each such county, an advertisement of the proposed 2157
tax levy question, once each week for ~~three~~two weeks immediately 2158
preceding the election at which the question is to appear on the 2159
ballot. 2160

       After the approval of such levy by vote the board of trustees 2161
of a community college district may anticipate a fraction of the 2162
proceeds of such levy and from time to time issue anticipation 2163
notes having such maturity or maturities that the aggregate 2164
principal amount of all such notes maturing in any calendar year 2165
shall not exceed seventy-five per cent of the anticipated proceeds 2166
from such levy for such year, and that no note shall mature later 2167
than the thirty-first day of December of the tenth calendar year 2168
following the calendar year in which such note is issued. Each 2169
issue of notes shall be sold as provided in Chapter 133. of the 2170
Revised Code. 2171

       The amount of bonds or anticipatory notes authorized pursuant 2172
to Chapter 3354. of the Revised Code, may include sums to repay 2173
moneys previously borrowed, advanced, or granted and expended for 2174
the purposes of such bond or anticipatory note issues, whether 2175
such moneys were advanced from the available funds of the 2176
community college district or by other persons, and the community 2177
college district may restore and repay to such funds or persons 2178
from the proceeds of such issues the moneys so borrowed, advanced 2179
or granted. 2180

       All operating costs of such community college may be paid out 2181
of any gift or grant from the state, pursuant to division (K) of 2182
section 3354.09 of the Revised Code; out of student fees and 2183
tuition collected pursuant to division (G) of section 3354.09 of 2184
the Revised Code; or out of unencumbered funds from any other 2185
source of the community college income not prohibited by law. 2186

       (B) Prior to the application of section 319.301 of the 2187
Revised Code, the rate of a levy that is limited to, or to the 2188
extent that it is apportioned to, purposes other than current 2189
expenses shall be reduced in the same proportion in which the 2190
district's total valuation increases during the life of the levy 2191
because of additions to such valuation that have resulted from 2192
improvements added to the tax list and duplicate. 2193

       Sec. 3355.09. Upon receipt of a request from the university 2194
branch district managing authority, the boards of elections of the 2195
county or counties comprising such district shall place upon the 2196
ballot in the district at the next primary or general election 2197
occurring not less than seventy-five days after submission of such 2198
request by such managing authority, the question of levying a tax 2199
outside the ten-mill limitation, for a specified period of years, 2200
to provide funds for any of the following purposes: 2201

       (A) Purchasing a site or enlargement thereof; 2202

       (B) The erection and equipment of buildings; 2203

       (C) Enlarging, improving, or rebuilding buildings; 2204

       (D) The acquisition, construction, or improvement of any 2205
property which the university branch district managing authority 2206
is authorized to acquire, construct, or improve and which has been 2207
certified by the fiscal officer to have an estimated useful life 2208
of five or more years. 2209

       If a majority of the electors in such district voting on such 2210
question approve, the county auditor of the county or counties 2211
comprising such district shall annually place such levy on the tax 2212
duplicate in such district, in the amount set forth in the 2213
proposition approved by the electors. 2214

       The managing authority of the university branch district 2215
shall establish a special fund pursuant to section 3355.07 of the 2216
Revised Code for all revenue derived from any tax levied pursuant 2217
to provisions of this section. 2218

       The boards of election of the county or counties comprising 2219
the district shall cause to be published in a newspaper of general 2220
circulation in each such county, an advertisement of the proposed 2221
tax levy question, once each week for ~~three~~two weeks immediately 2222
preceding the election at which the question is to appear on the 2223
ballot. 2224

       After the approval of such levy by vote the managing 2225
authority of the university branch district may anticipate a 2226
fraction of the proceeds of such levy and from time to time, 2227
during the life of such levy, issue anticipation notes in an 2228
amount not to exceed seventy-five per cent of the estimated 2229
proceeds of such levy to be collected in each year over a period 2230
of five years after the date of the issuance of such notes, less 2231
an amount equal to the proceeds of such levy previously obligated 2232
for such year by the issuance of anticipation notes, provided, 2233
that the total amount maturing in any one year shall not exceed 2234
seventy-five per cent of the anticipated proceeds of such levy for 2235
that year. 2236

       Each issue of notes shall be sold as provided in Chapter 133. 2237
of the Revised Code and shall mature serially in substantially 2238
equal amounts, during each remaining year of the levy, not to 2239
exceed five, after their issuance. 2240

       Sec. 3501.01. As used in the sections of the Revised Code 2241
relating to elections and political communications: 2242

       (A) "General election" means the election held on the first 2243
Tuesday after the first Monday in each November. 2244

       (B) "Regular municipal election" means the election held on 2245
the first Tuesday after the first Monday in November in each 2246
odd-numbered year. 2247

       (C) "Regular state election" means the election held on the 2248
first Tuesday after the first Monday in November in each 2249
even-numbered year. 2250

       (D) "Special election" means any election other than those 2251
elections defined in other divisions of this section. A special 2252
election may be held only on the first Tuesday after the first 2253
Monday in February, May, August, or November, or on the day 2254
authorized by a particular municipal or county charter for the 2255
holding of a primary election~~, except that in any year in which a~~ 2256
~~presidential primary election is held, no special election shall~~ 2257
~~be held in February or May, except as authorized by a municipal or~~ 2258
~~county charter, but may be held on the first Tuesday after the~~ 2259
~~first Monday in March~~. 2260

       (E)~~(1)~~ "Primary" or "primary election" means an election held 2261
for the purpose of nominating persons as candidates of political 2262
parties for election to offices, and for the purpose of electing 2263
persons as members of the controlling committees of political 2264
parties and as delegates and alternates to the conventions of 2265
political parties. Primary elections shall be held on the first 2266
Tuesday after the first Monday in May of each year ~~except in years~~ 2267
~~in which a presidential primary election is held~~. 2268

       ~~(2) "Presidential primary election" means a primary election~~ 2269
~~as defined by division (E)(1) of this section at which an election~~ 2270
~~is held for the purpose of choosing delegates and alternates to~~ 2271
~~the national conventions of the major political parties pursuant~~ 2272
~~to section 3513.12 of the Revised Code. Unless otherwise~~ 2273
~~specified, presidential primary elections are included in~~ 2274
~~references to primary elections. In years in which a presidential~~ 2275
~~primary election is held, all primary elections shall be held on~~ 2276
~~the first Tuesday after the first Monday in March except as~~ 2277
~~otherwise authorized by a municipal or county charter.~~ 2278

       (F) "Political party" means any group of voters meeting the 2279
requirements set forth in section 3517.01 of the Revised Code for 2280
the formation and existence of a political party. 2281

       (1) "Major political party" means any political party 2282
organized under the laws of this state whose candidate for 2283
governor or nominees for presidential electors received no less 2284
than twenty per cent of the total vote cast for such office at the 2285
most recent regular state election. 2286

       (2) "Intermediate political party" means any political party 2287
organized under the laws of this state whose candidate for 2288
governor or nominees for presidential electors received less than 2289
twenty per cent but not less than ten per cent of the total vote 2290
cast for such office at the most recent regular state election. 2291

       (3) "Minor political party" means any political party 2292
organized under the laws of this state whose candidate for 2293
governor or nominees for presidential electors received less than 2294
ten per cent but not less than five per cent of the total vote 2295
cast for such office at the most recent regular state election or 2296
which has filed with the secretary of state, subsequent to any 2297
election in which it received less than five per cent of such 2298
vote, a petition signed by qualified electors equal in number to 2299
at least one per cent of the total vote cast for such office in 2300
the last preceding regular state election, except that a newly 2301
formed political party shall be known as a minor political party 2302
until the time of the first election for governor or president 2303
which occurs not less than twelve months subsequent to the 2304
formation of such party, after which election the status of such 2305
party shall be determined by the vote for the office of governor 2306
or president. 2307

       (G) "Dominant party in a precinct" or "dominant political 2308
party in a precinct" means that political party whose candidate 2309
for election to the office of governor at the most recent regular 2310
state election at which a governor was elected received more votes 2311
than any other person received for election to that office in such 2312
precinct at such election. 2313

       (H) "Candidate" means any qualified person certified in 2314
accordance with the provisions of the Revised Code for placement 2315
on the official ballot of a primary, general, or special election 2316
to be held in this state, or any qualified person who claims to be 2317
a write-in candidate, or who knowingly assents to being 2318
represented as a write-in candidate by another at either a 2319
primary, general, or special election to be held in this state. 2320

       (I) "Independent candidate" means any candidate who claims 2321
not to be affiliated with a political party, and whose name has 2322
been certified on the office-type ballot at a general or special 2323
election through the filing of a statement of candidacy and 2324
nominating petition, as prescribed in section 3513.257 of the 2325
Revised Code. 2326

       (J) "Nonpartisan candidate" means any candidate whose name is 2327
required, pursuant to section 3505.04 of the Revised Code, to be 2328
listed on the nonpartisan ballot, including all candidates for 2329
judicial office, for member of any board of education, for 2330
municipal or township offices in which primary elections are not 2331
held for nominating candidates by political parties, and for 2332
offices of municipal corporations having charters that provide for 2333
separate ballots for elections for these offices. 2334

       (K) "Party candidate" means any candidate who claims to be a 2335
member of a political party, whose name has been certified on the 2336
office-type ballot at a general or special election through the 2337
filing of a declaration of candidacy and petition of candidate, 2338
and who has won the primary election of the candidate's party for 2339
the public office the candidate seeks or is selected by party 2340
committee in accordance with section 3513.31 of the Revised Code. 2341

       (L) "Officer of a political party" includes, but is not 2342
limited to, any member, elected or appointed, of a controlling 2343
committee, whether representing the territory of the state, a 2344
district therein, a county, township, a city, a ward, a precinct, 2345
or other territory, of a major, intermediate, or minor political 2346
party. 2347

       (M) "Question or issue" means any question or issue certified 2348
in accordance with the Revised Code for placement on an official 2349
ballot at a general or special election to be held in this state. 2350

       (N) "Elector" or "qualified elector" means a person having 2351
the qualifications provided by law to be entitled to vote. 2352

       (O) "Voter" means an elector who votes at an election. 2353

       (P) "Voting residence" means that place of residence of an 2354
elector which shall determine the precinct in which the elector 2355
may vote. 2356

       (Q) "Precinct" means a district within a county established 2357
by the board of elections of such county within which all 2358
qualified electors having a voting residence therein may vote at 2359
the same polling place. 2360

       (R) "Polling place" means that place provided for each 2361
precinct at which the electors having a voting residence in such 2362
precinct may vote. 2363

       (S) "Board" or "board of elections" means the board of 2364
elections appointed in a county pursuant to section 3501.06 of the 2365
Revised Code. 2366

       (T) "Political subdivision" means a county, township, city, 2367
village, or school district. 2368

       (U) "Election officer" or "election official" means any of 2369
the following: 2370

       (1) Secretary of state; 2371

       (2) Employees of the secretary of state serving the division 2372
of elections in the capacity of attorney, administrative officer, 2373
administrative assistant, elections administrator, office manager, 2374
or clerical supervisor; 2375

       (3) Director of a board of elections; 2376

       (4) Deputy director of a board of elections; 2377

       (5) Member of a board of elections; 2378

       (6) Employees of a board of elections; 2379

       (7) Precinct polling place judges and clerks; 2380

       (8) Employees appointed by the boards of elections on a 2381
temporary or part-time basis. 2382

       (V) "Acknowledgment notice" means a notice sent by a board of 2383
elections, on a form prescribed by the secretary of state, 2384
informing a voter registration applicant or an applicant who 2385
wishes to change the applicant's residence or name of the status 2386
of the application; the information necessary to complete or 2387
update the application, if any; and if the application is 2388
complete, the precinct in which the applicant is to vote. 2389

       (W) "Confirmation notice" means a notice sent by a board of 2390
elections, on a form prescribed by the secretary of state, to a 2391
registered elector to confirm the registered elector's current 2392
address. 2393

       (X) "Designated agency" means an office or agency in the 2394
state that provides public assistance or that provides 2395
state-funded programs primarily engaged in providing services to 2396
persons with disabilities and that is required by the National 2397
Voter Registration Act of 1993 to implement a program designed and 2398
administered by the secretary of state for registering voters, or 2399
any other public or government office or agency that implements a 2400
program designed and administered by the secretary of state for 2401
registering voters, including the department of job and family 2402
services, the program administered under section 3701.132 of the 2403
Revised Code by the department of health, the department of mental 2404
health, the department of mental retardation and developmental 2405
disabilities, the rehabilitation services commission, and any 2406
other agency the secretary of state designates. "Designated 2407
agency" does not include public high schools and vocational 2408
schools, public libraries, or the office of a county treasurer. 2409

       (Y) "National Voter Registration Act of 1993" means the 2410
"National Voter Registration Act of 1993," 107 Stat. 77, 42 2411
U.S.C.A. 1973gg. 2412

       (Z) "Voting Rights Act of 1965" means the "Voting Rights Act 2413
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended. 2414

       Sec. 3501.02. General elections in the state and its 2415
political subdivisions shall be held as follows: 2416

       (A) For the election of electors of president and 2417
vice-president of the United States, in the year of 1932 and every 2418
four years thereafter; 2419

       (B) For the election of a member of the senate of the United 2420
States, in the years 1932 and 1934, and every six years after each 2421
of such years; except as otherwise provided for filling vacancies; 2422

       (C) For the election of representatives in the congress of 2423
the United States and of elective state and county officers, 2424
including elected members of the state board of education, in the 2425
even-numbered years; except as otherwise provided for filling 2426
vacancies; 2427

       (D) For municipal corporation and township officers, members 2428
of boards of education, judges and clerks of municipal courts, in 2429
the odd-numbered years; 2430

       (E) Proposed constitutional amendments or proposed measures 2431
submitted by the general assembly or by initiative or referendum 2432
petitions to the voters of the state at large may be submitted to 2433
the general election in any year occurring at least sixty days, in 2434
case of a referendum, and ninety days, in the case of an initiated 2435
measure, subsequent to the filing of the petitions therefor. 2436
Proposed constitutional amendments submitted by the general 2437
assembly to the voters of the state at large may be submitted at a 2438
special election occurring on the day in any year ~~specified by~~ 2439
~~division (E) of section 3501.01 of the Revised Code for the~~ 2440
~~holding~~ of athe primary election, when a special election on that 2441
date is designated by the general assembly in the resolution 2442
adopting the proposed constitutional amendment. 2443

       No special election shall be held on a day other than the day 2444
of a general election, unless a law or charter provides otherwise, 2445
regarding the submission of a question or issue to the voters of a 2446
county, township, city, village, or school district. 2447

       (F) Any question or issue, except a candidacy, to be voted 2448
upon at an election shall be certified, for placement upon the 2449
ballot, to the board of elections not later than four p.m. of the 2450
seventy-fifth day before the day of the election. 2451

       Sec. 3501.05. The secretary of state shall do all of the 2452
following: 2453

       (A) Appoint all members of boards of elections; 2454

       (B) Issue instructions by directives and advisories to 2455
members of the boards as to the proper methods of conducting 2456
elections;. In addition to any other publication of those 2457
directives and advisories, the secretary of state shall publish 2458
those directives and advisories on a web site of the office of the 2459
secretary of state within twenty-four hours after they are issued. 2460
The directives and advisories shall be maintained on that web site 2461
until they are replaced or become obsolete. 2462

       (C) Prepare rules and instructions for the conduct of 2463
elections; 2464

       (D) Publish and furnish to the boards from time to time a 2465
sufficient number of indexed copies of all election laws then in 2466
force; 2467

       (E) Edit and issue all pamphlets concerning proposed laws or 2468
amendments required by law to be submitted to the voters; 2469

       (F) Prescribe the form of registration cards, blanks, and 2470
records; 2471

       (G) Determine and prescribe the forms of ballots and the 2472
forms of all blanks, cards of instructions, pollbooks, tally 2473
sheets, certificates of election, and forms and blanks required by 2474
law for use by candidates, committees, and boards; 2475

       (H) Prepare the ballot title or statement to be placed on the 2476
ballot for any proposed law or amendment to the constitution to be 2477
submitted to the voters of the state; 2478

       (I) Certify to the several boards the forms of ballots and 2479
names of candidates for state offices, and the form and wording of 2480
state referendum questions and issues, as they shall appear on the 2481
ballot; 2482

       (J) Give final approval to ballot language for any local 2483
question or issue approved and transmitted by boards of elections 2484
under section 3501.11 of the Revised Code; 2485

       (K) Receive all initiative and referendum petitions on state 2486
questions and issues and determine and certify to the sufficiency 2487
of those petitions; 2488

       (L) Require such reports from the several boards as are 2489
provided by law, or as the secretary of state considers necessary; 2490

       (M) Compel the observance by election officers in the several 2491
counties of the requirements of the election laws; 2492

       (N)(1) Except as otherwise provided in division (N)(2) of 2493
this section, investigate the administration of election laws, 2494
frauds, and irregularities in elections in any county, and report 2495
violations of election laws to the attorney general or prosecuting 2496
attorney, or both, for prosecution; 2497

       (2) On and after August 24, 1995, report a failure to comply 2498
with or a violation of a provision in sections 3517.08 to 3517.13, 2499
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the 2500
Revised Code, whenever the secretary of state has or should have 2501
knowledge of a failure to comply with or a violation of a 2502
provision in one of those sections, by filing a complaint with the 2503
Ohio elections commission under section 3517.153 of the Revised 2504
Code; 2505

       (O) Make an annual report to the governor containing the 2506
results of elections, the cost of elections in the various 2507
counties, a tabulation of the votes in the several political 2508
subdivisions, and other information and recommendations relative 2509
to elections the secretary of state considers desirable; 2510

       (P) Prescribe and distribute to boards of elections a list of 2511
instructions indicating all legal steps necessary to petition 2512
successfully for local option elections under sections 4301.32 to 2513
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code; 2514

       (Q) ~~Prescribe a general program~~Adopt rules pursuant to 2515
Chapter 119. of the Revised Code to require each board of 2516
elections to remove ineligible voters from official registration 2517
lists ~~by reason of change of~~, which rules shall provide for all of 2518
the following: 2519

       (1) A process for the removal of voters who have changed 2520
residence, which shall be uniform, nondiscriminatory, and in 2521
compliance with the Voting Rights Act of 1965 and the National 2522
Voter Registration Act of 1993, including a program that uses the 2523
national change of address service provided by the United States 2524
postal system through its licensees; 2525

       (2) A process for the removal of ineligible voters under 2526
section 3503.21 of the Revised Code; 2527

       (3) A uniform system for marking or removing the name of an 2528
ineligible voter from the poll lists, signature pollbooks, and 2529
official registration list used in each precinct and the board of 2530
elections and noting the reason for that mark or removal. 2531

       (R) Prescribe a general program for registering voters or 2532
updating voter registration information, such as name and 2533
residence changes, at designated agencies, the offices of deputy 2534
registrars of motor vehicles, public high schools and vocational 2535
schools, public libraries, and the offices of county treasurers, 2536
and prescribe a program of distribution of voter registration 2537
forms through those agencies, the offices of the registrar and 2538
deputy registrars of motor vehicles, public high schools and 2539
vocational schools, public libraries, and the offices of county 2540
treasurers; 2541

       (S) To the extent feasible, provide copies, at no cost and 2542
upon request, of the voter registration form in post offices in 2543
this state; 2544

       (T) Adopt rules pursuant to section 111.15 of the Revised 2545
Code for the purpose of implementing the program for registering 2546
voters at designated agencies and the offices of the registrar and 2547
deputy registrars of motor vehicles consistent with this chapter; 2548

       (U) ~~Specify, by a directive issued not later than thirty-five~~ 2549
~~days prior to the date of an election, the date by which the~~ 2550
~~boards shall complete the canvass of election returns under~~ 2551
~~section 3505.32 or 3513.22 of the Revised Code;~~ 2552

       ~~(V)~~ Establish the full-time position of Americans with 2553
Disabilities Act coordinator within the office of the secretary of 2554
state to do all of the following: 2555

       (1) Assist the secretary of state with ensuring that there is 2556
equal access to polling places for persons with disabilities; 2557

       (2) Assist the secretary of state with ensuring that each 2558
voter may cast the voter's ballot in a manner that provides the 2559
same opportunity for access and participation, including privacy 2560
and independence, as for other voters; 2561

       (3) Advise the secretary of state in the development of 2562
standards for the certification of voting machines, marking 2563
devices, and automatic tabulating equipment. 2564

       ~~(W)~~(V) Establish a computerized statewide database of all 2565
legally registered voters under section 3503.15 of the Revised 2566
Code that complies with the requirements of the "Help America Vote 2567
Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666, and provide 2568
training in the operation of that system; 2569

       (W) Ensure that scheduled conference calls with boards of 2570
elections to discuss the proper methods and procedures for 2571
conducting elections, to answer questions regarding elections, or 2572
to discuss the interpretation of directives, advisories, or other 2573
instructions issued by the secretary of state comply with section 2574
121.22 of the Revised Code. The secretary of state shall provide 2575
all of the following for all such conference calls: 2576

       (1) A method for the public to listen to the conference call 2577
at the time the call is made; 2578

       (2) The posting of a complete audio recording of the 2579
conference call on a web site of the office of the secretary of 2580
state within twenty-four hours after the completion of the call; 2581

       (3) The posting of a complete transcript of the conference 2582
call on a web site of the office of the secretary of state within 2583
twenty-four hours after the completion of the call. 2584

       (X) Perform other duties required by law. 2585

       Whenever a primary election is held under section 3513.32 of 2586
the Revised Code or a special election is held under section 2587
3521.03 of the Revised Code to fill a vacancy in the office of 2588
representative to congress, the secretary of state shall establish 2589
a deadline, notwithstanding any other deadline required under the 2590
Revised Code, by which any or all of the following shall occur: 2591
the filing of a declaration of candidacy and petitions or a 2592
statement of candidacy and nominating petition together with the 2593
applicable filing fee; the filing of protests against the 2594
candidacy of any person filing a declaration of candidacy or 2595
nominating petition; the filing of a declaration of intent to be a 2596
write-in candidate; the filing of campaign finance reports; the 2597
preparation of, and the making of corrections or challenges to, 2598
precinct voter registration lists; the receipt of applications for 2599
absent voter's ballots or armed service absent voter's ballots; 2600
the supplying of election materials to precincts by boards of 2601
elections; the holding of hearings by boards of elections to 2602
consider challenges to the right of a person to appear on a voter 2603
registration list; and the scheduling of programs to instruct or 2604
reinstruct election officers. 2605

       In the performance of the secretary of state's duties as the 2606
chief election officer, the secretary of state may administer 2607
oaths, issue subpoenas, summon witnesses, compel the production of 2608
books, papers, records, and other evidence, and fix the time and 2609
place for hearing any matters relating to the administration and 2610
enforcement of the election laws. 2611

       In any controversy involving or arising out of the adoption 2612
of registration or the appropriation of funds for registration, 2613
the secretary of state may, through the attorney general, bring an 2614
action in the name of the state in the court of common pleas of 2615
the county where the cause of action arose or in an adjoining 2616
county, to adjudicate the question. 2617

       In any action involving the laws in Title XXXV of the Revised 2618
Code wherein the interpretation of those laws is in issue in such 2619
a manner that the result of the action will affect the lawful 2620
duties of the secretary of state or of any board of elections, the 2621
secretary of state may, on the secretary of state's motion, be 2622
made a party. 2623

       The secretary of state may apply to any court that is hearing 2624
a case in which the secretary of state is a party, for a change of 2625
venue as a substantive right, and the change of venue shall be 2626
allowed, and the case removed to the court of common pleas of an 2627
adjoining county named in the application or, if there are cases 2628
pending in more than one jurisdiction that involve the same or 2629
similar issues, the court of common pleas of Franklin county. 2630

       Public high schools and vocational schools, public libraries, 2631
and the office of a county treasurer shall implement voter 2632
registration programs as directed by the secretary of state 2633
pursuant to this section. 2634

       Sec. 3501.11. Each board of elections shall exercise by a 2635
majority vote all powers granted to the board by Title XXXV of the 2636
Revised Code, shall perform all the duties imposed by law, and 2637
shall do all of the following: 2638

       (A) Establish, define, provide, rearrange, and combine 2639
election precincts; 2640

       (B) Fix and provide the places for registration and for 2641
holding primaries and elections; 2642

       (C) Provide for the purchase, preservation, and maintenance 2643
of booths, ballot boxes, books, maps, flags, blanks, cards of 2644
instructions, and other forms, papers, and equipment used in 2645
registration, nominations, and elections; 2646

       (D) Appoint and remove its director, deputy director, and 2647
employees and all registrars, judges, and other officers of 2648
elections, fill vacancies, and designate the ward or district and 2649
precinct in which each shall serve; 2650

       (E) Make and issue rules and instructions, not inconsistent 2651
with law or the rules, directives, or advisories issued by the 2652
secretary of state, as it considers necessary for the guidance of 2653
election officers and voters; 2654

       (F) Advertise and contract for the printing of all ballots 2655
and other supplies used in registrations and elections; 2656

       (G) Provide for the issuance of all notices, advertisements, 2657
and publications concerning elections, except as otherwise 2658
provided in division (G) of section 3501.17 of the Revised Code; 2659

       (H) Provide for the delivery of ballots, pollbooks, and other 2660
required papers and material to the polling places; 2661

       (I) Cause the polling places to be suitably provided with 2662
voting machines, marking devices, automatic tabulating equipment, 2663
stalls, and other required supplies;. In fulfilling this duty, 2664
each board of a county that uses voting machines, marking devices, 2665
or automatic tabulating equipment shall conduct a full vote of the 2666
board during a public session of the board on the allocation and 2667
distribution of voting machines, marking devices, and automatic 2668
tabulating equipment for each precinct in the county. 2669

       (J) Investigate irregularities, nonperformance of duties, or 2670
violations of Title XXXV of the Revised Code by election officers 2671
and other persons; administer oaths, issue subpoenas, summon 2672
witnesses, and compel the production of books, papers, records, 2673
and other evidence in connection with any such investigation; and 2674
report the facts to the prosecuting attorney; 2675

       (K) Review, examine, and certify the sufficiency and validity 2676
of petitions and nomination papers, and, after certification, 2677
return to the secretary of state all petitions and nomination 2678
papers that the secretary of state forwarded to the board; 2679

       (L) Receive the returns of elections, canvass the returns, 2680
make abstracts of them, and transmit those abstracts to the proper 2681
authorities; 2682

       (M) Issue certificates of election on forms to be prescribed 2683
by the secretary of state; 2684

       (N) Make an annual report to the secretary of state, on the 2685
form prescribed by the secretary of state, containing a statement 2686
of the number of voters registered, elections held, votes cast, 2687
appropriations received, expenditures made, and other data 2688
required by the secretary of state; 2689

       (O) Prepare and submit to the proper appropriating officer a 2690
budget estimating the cost of elections for the ensuing fiscal 2691
year; 2692

       (P) Perform other duties as prescribed by law or the rules, 2693
directives, or advisories of the secretary of state; 2694

       (Q) Investigate and determine the residence qualifications of 2695
electors; 2696

       (R) Administer oaths in matters pertaining to the 2697
administration of the election laws; 2698

       (S) Prepare and submit to the secretary of state, whenever 2699
the secretary of state requires, a report containing the names and 2700
residence addresses of all incumbent county, municipal, township, 2701
and board of education officials serving in their respective 2702
counties; 2703

       (T) Establish and maintain a voter registration of all 2704
qualified electors in the county who offer to register; 2705

       (U) Maintain voter registration records, make reports 2706
concerning voter registration as required by the secretary of 2707
state, and remove ineligible electors from voter registration 2708
lists in accordance with law and directives of the secretary of 2709
state; 2710

       (V) ~~At least annually, on~~On a schedule and in a format 2711
prescribed by the secretary of state, submit to the secretary of 2712
state an accurate and current list of all registered voters in the 2713
county for the purpose of assisting the secretary of state to 2714
maintain ~~a master list of registered voters~~the statewide voter 2715
registration database pursuant to section ~~3503.27~~3503.15 of the 2716
Revised Code; 2717

       (W) Give approval to ballot language for any local question 2718
or issue and transmit the language to the secretary of state for 2719
the secretary of state's final approval; 2720

       (X) Prepare and cause the following notice to be displayed in 2721
a prominent location in every polling place: 2722

"NOTICE 2723

       Ohio law prohibits any person from voting or attempting to 2724
vote more than once at the same election. 2725

       Violators are guilty of a felony of the fourth degree and 2726
shall be imprisoned and additionally may be fined in accordance 2727
with law." 2728

       In all cases of a tie vote or a disagreement in the board, if 2729
no decision can be arrived at, the director or chairperson shall 2730
submit the matter in controversy, not later than fourteen days 2731
after the tie vote or the disagreement, to the secretary of state, 2732
who shall summarily decide the question, and the secretary of 2733
state's decision shall be final. 2734

       (Y) Assist each designated agency, deputy registrar of motor 2735
vehicles, public high school and vocational school, public 2736
library, and office of a county treasurer in the implementation of 2737
a program for registering voters at all voter registration 2738
locations as prescribed by the secretary of state. Under this 2739
program, each board of elections shall direct to the appropriate 2740
board of elections any voter registration applications for persons 2741
residing outside the county where the board is located within five 2742
days after receiving the applications. 2743

       On any day on which an elector may vote in person at the 2744
office of the board or at another site designated by the board, 2745
the board or other designated site shall be considered a polling 2746
place for that day, and all requirements or prohibitions of law 2747
that apply to a polling place shall apply to the office of the 2748
board or other designated site on that day. 2749

       Sec. 3501.13. (A) The director of the board of elections 2750
shall keep a full and true record of the proceedings of the board 2751
and of all moneys received and expended; file and preserve in ~~its~~ 2752
the board's office all orders and records pertaining to the 2753
administration of registrations, primaries, and elections; receive 2754
and have the custody of all books, papers, and property belonging 2755
to the board; and shall perform ~~such~~ other duties in connection 2756
with ~~his~~the office of director and the proper conduct of 2757
elections as the board determines. 2758

       (B) Before entering upon the duties of ~~his~~the office, the 2759
director shall subscribe to an oath that hethe director will 2760
support the constitutions of the United States and of this state, 2761
perform all the duties of the ~~director~~office to the best of ~~his~~ 2762
the director's ability, enforce the election laws, and preserve 2763
all records, documents, and other property pertaining to the 2764
conduct of elections placed in ~~his~~ custody. 2765

       (C) The director may administer oaths to ~~such~~ persons ~~as are~~ 2766
required by law to file certificates or other papers with the 2767
board, to judges and clerks of elections, to witnesses who are 2768
called to testify before the board, and to voters filling out 2769
blanks at the board's offices. Except as otherwise provided by 2770
state or federal law, the records of the board and papers and 2771
books filed in its office are public records and open to 2772
inspection under such reasonable regulations as shall be 2773
established by the board. The following notice shall be posted in 2774
a prominent place at each board office: 2775

       "Except as otherwise provided by state or federal law, 2776
records filed in this office of the board of elections are open to 2777
public inspection during normal office hours, pursuant to the 2778
following reasonable regulations: (the board shall here list its 2779
regulations). Whoever prohibits any person from inspecting the 2780
public records of this board is subject to the penalties of 2781
section 3599.161 of the Revised Code." 2782

       (D) Upon receipt of a written declaration of intent to retire 2783
as provided for in section 145.38 of the Revised Code, the 2784
director shall provide a copy to each member of the board of 2785
elections. 2786

       Sec. 3501.17. (A) The expenses of the board of elections 2787
shall be paid from the county treasury, in pursuance of 2788
appropriations by the board of county commissioners, in the same 2789
manner as other county expenses are paid. If the board of county 2790
commissioners fails to appropriate an amount sufficient to provide 2791
for the necessary and proper expenses of the board of elections, 2792
~~such~~the board of elections may apply to the court of common pleas 2793
~~within~~of the county, which shall fix the amount necessary to be 2794
appropriated, and ~~such~~that amount shall be appropriated. Payments 2795
shall be made upon vouchers of the board of elections certified to 2796
by its chairperson or acting chairperson and the director or 2797
deputy director, upon warrants of the county auditor. The board of 2798
elections shall not incur any obligation involving the expenditure 2799
of money unless there are moneys sufficient in the funds 2800
appropriated therefor to meet ~~such obligations~~the obligation. 2801
~~Such~~ 2802

       The expenses of the board of elections shall be apportioned 2803
among the county and the various subdivisions as provided in this 2804
section, and the amount chargeable to each subdivision shall be 2805
withheld by the county auditor from the moneys payable ~~thereto~~to 2806
the subdivision at the time of the next tax settlement. At the 2807
time of submitting budget estimates in each year, the board of 2808
elections shall submit to the taxing authority of each 2809
subdivision, upon the request of the subdivision, an estimate of 2810
the amount to be withheld ~~therefrom~~from the subdivision during 2811
the next fiscal year. 2812

       (B) Except as otherwise provided in division (F) of this 2813
section, the entire compensation of the members of the board of 2814
elections and of the director, deputy director, and other 2815
employees in the board's offices; the expenditures for the rental, 2816
furnishing, and equipping of the office of the board and for the 2817
necessary office supplies for the use of the board; the 2818
expenditures for the acquisition, repair, care, and custody of the 2819
polling places, booths, guardrails, and other equipment for 2820
polling places; the cost of pollbooks, tally sheets, maps, flags, 2821
ballot boxes, and all other permanent records and equipment; the 2822
cost of all elections held in and for the state and county; and 2823
all other expenses of the board which are not chargeable to a 2824
~~political~~ subdivision in accordance with this section shall be 2825
paid in the same manner as other county expenses are paid. 2826

       (C) The compensation of judges and clerks of elections; the 2827
cost of renting, moving, heating, and lighting polling places and 2828
of placing and removing ballot boxes and other fixtures and 2829
equipment ~~thereof~~of polling places; the cost of printing and 2830
delivering ballots, cards of instructions, and other election 2831
supplies; and all other expenses of conducting primaries and 2832
elections in the odd-numbered years shall be charged to the 2833
subdivisions in and for which ~~such~~those primaries or elections 2834
are held. The charge for each primary or general election in 2835
odd-numbered years for each subdivision shall be determined in the 2836
following manner: first, the total cost of all chargeable items 2837
used in conducting ~~such~~the elections shall be ascertained; 2838
second, the total charge shall be divided by the number of 2839
precincts participating in ~~such~~the election, in order to fix the 2840
cost per precinct; third, the cost per precinct shall be prorated 2841
by the board of elections to the subdivisions conducting elections 2842
for the nomination or election of offices in ~~such~~that precinct; 2843
and fourth, the total cost for each subdivision shall be 2844
determined by adding the charges prorated to it in each precinct 2845
within the subdivision. 2846

       (D) The entire cost of special elections held on a day other 2847
than the day of a primary or general election, both in 2848
odd-numbered or in even-numbered years, shall be charged to the 2849
subdivision. ~~Where~~If a special election is held on the same day 2850
as a primary or general election in an even-numbered year, the 2851
subdivision submitting the special election shall be charged only 2852
for the cost of ballots and advertising. ~~Where~~If a special 2853
election is held on the same day as a primary or general election 2854
in an odd-numbered year, the subdivision submitting the special 2855
election shall be charged for the cost of ballots and advertising 2856
for ~~such~~that special election, in addition to the charges 2857
prorated to ~~such~~that subdivision for the election or nomination 2858
of candidates in each precinct within the subdivision, as set 2859
forth in ~~the preceding paragraph~~division (C) of this section. 2860

       (E) ~~Where~~If a special election is held on the day ~~specified~~ 2861
~~by division (E) of section 3501.01 of the Revised Code for the~~ 2862
~~holding~~ of athe primary election, for the purpose of submitting 2863
to the voters of the state constitutional amendments proposed by 2864
the general assembly, and a subdivision conducts a special 2865
election on the same day, the entire cost of the special election 2866
shall be divided proportionally between the state and the 2867
subdivision based upon a ratio determined by the number of issues 2868
placed on the ballot by each, except as otherwise provided in 2869
division (G) of this section. ~~Such~~The proportional division of 2870
cost shall be made only to the extent funds are available for ~~such~~ 2871
that purpose from amounts appropriated by the general assembly to 2872
the secretary of state. If a primary election is also being 2873
conducted in the subdivision, the costs shall be apportioned as 2874
otherwise provided in this section. 2875

       (F) When a precinct is open during a general, primary, or 2876
special election solely for the purpose of submitting to the 2877
voters a statewide ballot issue, the state shall bear the entire 2878
cost of the election in that precinct and shall reimburse the 2879
county for all expenses incurred in opening the precinct. 2880

       (G) The state shall bear the entire cost of advertising in 2881
newspapers statewide ballot issues, explanations of those issues, 2882
and arguments for or against those issues, as required by Section 2883
1g of Article II and Section 1 of Article XVI, Ohio Constitution, 2884
and any other section of law and shall reimburse the counties for 2885
all expenses they incur for ~~such~~that advertising. 2886

       (H) The cost of renting, heating, and lighting registration 2887
places; the cost of the necessary books, forms, and supplies for 2888
the conduct of registration; and the cost of printing and posting 2889
precinct registration lists shall be charged to the subdivision in 2890
which ~~such~~the registration is held. 2891

       (I) As used in this section, "statewide ballot issue" means 2892
any ballot issue, whether proposed by the general assembly or by 2893
initiative or referendum, that is submitted to the voters 2894
throughout the state. 2895

       Sec. 3501.19. (A) Except as otherwise provided in division 2896
(C) of this section, on the twentieth day before the day of each 2897
primary, general, or special election, the board of elections 2898
shall send by nonforwardable mail to each elector who is 2899
registered to vote in a precinct in which an election will be 2900
conducted a notice identifying both of the following: 2901

       (1) The day of the election; 2902

       (2) The location of the polling place for the precinct in 2903
which the elector is registered to vote. 2904

       (B) If the notice sent under division (A) of this section is 2905
returned undelivered to the board, the board shall cause the 2906
elector's name in the official registration list and in the poll 2907
list or signature pollbook for that elector's precinct to be 2908
marked to indicate that the notice was returned to the board. 2909

       At the first election at which an elector whose name has been 2910
so marked appears to vote, the elector shall be required to 2911
provide identification to the election officials and to vote by 2912
provisional ballot under section 3505.181 of the Revised Code. If 2913
the provisional ballot is counted pursuant to division (B)(3) of 2914
section 3505.183 of the Revised Code, the board shall correct that 2915
elector's registration, if needed, and shall remove the indication 2916
that the elector's notice was returned from that elector's name on 2917
the official registration list and on the poll list or signature 2918
pollbook. 2919

       (C) No board of elections shall be required to mail a notice 2920
under division (A) of this section to any elector who registered 2921
to vote within thirty days prior to the date for mailing the 2922
notice under that division. 2923

       Sec. 3501.26. When the polls are closed after a primary, 2924
general, or special election, the receiving officials shall, in 2925
the presence of the counting officials and attending ~~witnesses~~ 2926
observers, proceed as follows: 2927

       (A) Count the number of electors who voted, as shown on the 2928
poll books. 2929

       (B) Count the unused ballots without removing stubs. 2930

       (C) Count the soiled and defaced ballots. 2931

       (D) Insert the totals of divisions (A), (B), and (C) of this 2932
section on the report forms provided therefor in the poll books. 2933

       (E) Count the voted ballots. If the number of voted ballots 2934
exceeds the number of voters whose names appear upon the poll 2935
books, the presiding judge shall enter on the poll books an 2936
explanation of such discrepancy, and such explanation, if agreed 2937
to, shall be subscribed to by all of the judges. Any judge having 2938
a different explanation shall enter it in the poll books and 2939
subscribe to it. 2940

       (F) Put the unused ballots with stubs attached, and soiled 2941
and defaced ballots with stubs attached, in the envelopes or 2942
containers provided therefor, and certify the number. 2943

       The receiving officials shall deliver to and place in the 2944
custody of the counting officials all the supplies provided for 2945
the conduct of such election and the ballots which are to be 2946
counted and tallied, and take a receipt for same, which receipt 2947
shall appear in and be a part of the poll books of such precinct. 2948
Having performed their duties, the receiving officials shall 2949
immediately depart. 2950

       Having receipted for the ballots, the counting officials 2951
shall proceed to count and tally the vote as cast in the manner 2952
prescribed by section 3505.27 of the Revised Code and certify the 2953
result of the election to the board of elections. 2954

       Sec. 3501.30. (A) The board of elections shall provide for 2955
each polling place the necessary ballot boxes, official ballots, 2956
cards of instructions, registration forms, pollbooks or poll 2957
lists, tally sheets, forms on which to make summary statements, 2958
writing implements, paper, and all other supplies necessary for 2959
casting and counting the ballots and recording the results of the 2960
voting at the polling place. The pollbooks or poll lists shall 2961
have certificates appropriately printed on them for the signatures 2962
of all the precinct officials, by which they shall certify that, 2963
to the best of their knowledge and belief, the pollbooks or poll 2964
lists correctly show the names of all electors who voted in the 2965
polling place at the election indicated in the pollbook or poll 2966
list. 2967

        All of the following shall be included among the supplies 2968
provided to each polling place: 2969

       (1) A large map of each appropriate precinct, which shall be 2970
displayed prominently to assist persons who desire to register or 2971
vote on election day. Each map shall show all streets within the 2972
precinct and contain identifying symbols of the precinct in bold 2973
print. 2974

        (2) Any materials, postings, or instructions required to 2975
comply with state or federal laws; 2976

       (3) A flag of the United States approximately two and 2977
one-half feet in length along the top, which shall be displayed 2978
outside the entrance to the polling place during the time it is 2979
open for voting; 2980

       (4) Two or more small flags of the United States 2981
approximately fifteen inches in length along the top, which shall 2982
be placed at a distance of one hundred feet from the polling place 2983
on the thoroughfares or walkways leading to the polling place, to 2984
mark the distance within which persons other than election 2985
officials, ~~witnesses, challengers~~observers, police officers, and 2986
electors waiting to mark, marking, or casting their ballots shall 2987
not loiter, congregate, or engage in any kind of election 2988
campaigning. Where small flags cannot reasonably be placed one 2989
hundred feet from the polling place, the presiding election judge 2990
shall place the flags as near to one hundred feet from the 2991
entrance to the polling place as is physically possible. Police 2992
officers and all election officials shall see that this 2993
prohibition against loitering and congregating is enforced. 2994

       When the period of time during which the polling place is 2995
open for voting expires, all of the flags described in this 2996
division shall be taken into the polling place, and shall be 2997
returned to the board together with all other election supplies 2998
required to be delivered to the board. 2999

       (B) The board of elections shall follow the instructions and 3000
advisories of the secretary of state in the production and use of 3001
polling place supplies. 3002

       Sec. 3501.33. All judges of election shall enforce peace and 3003
good order in and about the place of registration or election. 3004
They shall especially keep the place of access of the electors to 3005
the polling place open and unobstructed and prevent and stop any 3006
improper practices or attempts tending to obstruct, intimidate, or 3007
interfere with any elector in registering or voting. They shall 3008
protect ~~challengers and witnesses~~observers against molestation 3009
and violence in the performance of their duties, and may eject 3010
from the polling place any ~~such challenger or witness~~observer for 3011
violation of any provision of Title XXXV of the Revised Code. They 3012
shall prevent riots, violence, tumult, or ~~the~~ disorder. In the 3013
discharge of these duties they may call upon the sheriff, police, 3014
or other peace officers to aid them in enforcing the law. They may 3015
order the arrest of any person violating such title, but such 3016
arrest shall not prevent such person from registering or voting if 3017
hethe person is entitled to do so. The sheriff, all constables, 3018
police officers, and other officers of the peace shall immediately 3019
obey and aid in the enforcement of any lawful order made by the 3020
precinct election officials in the enforcement of such title. 3021

       Sec. 3501.35. (A) During an election and the counting of the 3022
ballots, no person shall ~~loiter or~~do any of the following: 3023

       (1) Loiter, congregate, or engage in any kind of election 3024
campaigning within the area between the polling place and the 3025
small flags of the United States placed on the thoroughfares and 3026
walkways leading to the polling place, and if the line of electors 3027
waiting to vote extends beyond those small flags, within ten feet 3028
of any elector in that line; in 3029

       (2) In any manner hinder or delay an elector in reaching or 3030
leaving the place fixed for casting ~~his~~the elector's ballot; 3031
~~within such distance give,~~ 3032

       (3) Give, tender, or exhibit any ballot or ticket to any 3033
person other than ~~his~~the elector's own ballot to the judge of 3034
election within the area between the polling place and the small 3035
flags of the United States placed on the thoroughfares and 3036
walkways leading to the polling place, and if the line of electors 3037
waiting to vote extends beyond those small flags, within ten feet 3038
of any elector in that line; ~~exhibit~~ 3039

       (4) Exhibit any ticket or ballot which hethe elector intends 3040
to cast; ~~or solicit~~ 3041

       (5) Solicit or in any manner attempt to influence any elector 3042
in casting ~~his~~the elector's vote. No 3043

       (B) Except as otherwise provided in division (C) of section 3044
3503.23 of the Revised Code, no person,who is not an election 3045
official, employee, ~~witness, challenger~~observer, or police 3046
officer, shall be allowed to enter the polling place during the 3047
election, except for the purpose of voting. No 3048

       (C) No more electors shall be allowed to approach the voting 3049
shelves at any time than there are voting shelves provided. ~~The~~ 3050

       (D) The judges of election and the police officer shall 3051
strictly enforce the observance of this section. 3052

       Sec. 3501.38. All declarations of candidacy, nominating 3053
petitions, or other petitions presented to or filed with the 3054
secretary of state or a board of elections or with any other 3055
public office for the purpose of becoming a candidate for any 3056
nomination or office or for the holding of an election on any 3057
issue shall, in addition to meeting the other specific 3058
requirements prescribed in the sections of the Revised Code 3059
relating to them, be governed by the following rules: 3060

       (A) Only electors qualified to vote on the candidacy or issue 3061
which is the subject of the petition shall sign a petition. Each 3062
signer shall be a registered elector pursuant to section 3503.11 3063
of the Revised Code. The facts of qualification shall be 3064
determined as of the date when the petition is filed. 3065

       (B) Signatures shall be affixed in ink. Each signer may also 3066
print the signer's name, so as to clearly identify the signer's 3067
signature. 3068

       (C) Each signer shall place on the petition after the 3069
signer's name the date of signing and the location of the signer's 3070
voting residence, including the street and number if in a 3071
municipal corporation or the rural route number, post office 3072
address, or township if outside a municipal corporation. The 3073
voting address given on the petition shall be the address 3074
appearing in the registration records at the board of elections. 3075

       (D) No person shall write any name other than the person's 3076
own on any petition. No person may authorize another to sign for 3077
the person. If a petition contains the signature of an elector two 3078
or more times, only the first signature shall be counted. 3079

       (E)(1) On each petition paper, the circulator shall indicate 3080
the number of signatures contained on it, and shall sign a 3081
statement made under penalty of election falsification that the 3082
circulator witnessed the affixing of every signature, that all 3083
signers were to the best of the circulator's knowledge and belief 3084
qualified to sign, and that every signature is to the best of the 3085
circulator's knowledge and belief the signature of the person 3086
whose signature it purports to be. On the circulator's statement 3087
for a declaration of candidacy,or nominating petition~~, or~~ 3088
~~declaration of intent to be a write-in candidate~~ for a person 3089
seeking to become a statewide candidate or for a statewide 3090
initiative or a statewide referendum petition, the circulator 3091
shall identify the circulator's name and address and the name and 3092
address of the person employing the circulator to circulate the 3093
petition, if any. 3094

       (2) As used in division (E) of this section, "statewide 3095
candidate" means the joint candidates for the offices of governor 3096
and lieutenant governor or a candidate for the office of secretary 3097
of state, auditor of state, treasurer of state, or attorney 3098
general. 3099

       (F) If a circulator knowingly permits an unqualified person 3100
to sign a petition paper or permits a person to write a name other 3101
than the person's own on a petition paper, that petition paper is 3102
invalid; otherwise, the signature of a person not qualified to 3103
sign shall be rejected but shall not invalidate the other valid 3104
signatures on the paper. 3105

       (G) The circulator of a petition may, before filing it in a 3106
public office, strike from it any signature the circulator does 3107
not wish to present as a part of the petition. 3108

       (H) Any signer of a petition may remove the signer's 3109
signature from that petition at any time before the petition is 3110
filed in a public office by striking the signer's name from the 3111
petition; no signature may be removed after the petition is filed 3112
in any public office. 3113

       (I)(1) No alterations, corrections, or additions may be made 3114
to a petition after it is filed in a public office. 3115

       (2) No petition may be withdrawn after it is filed in a 3116
public office. Nothing in this division prohibits a person from 3117
withdrawing as a candidate as otherwise provided by law. 3118

       (J) All declarations of candidacy, nominating petitions, or 3119
other petitions under this section shall be accompanied by the 3120
following statement in boldface capital letters: WHOEVER COMMITS 3121
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE. 3122

       (K) All separate petition papers shall be filed at the same 3123
time, as one instrument. 3124

       (L) If a board of elections distributes for use a petition 3125
form for a declaration of candidacy, nominating petition, 3126
~~declaration of intent to be a write-in candidate,~~ or any type of 3127
question or issue petition that does not satisfy the requirements 3128
of law as of the date of that distribution, the board shall not 3129
invalidate the petition on the basis that the petition form does 3130
not satisfy the requirements of law, if the petition otherwise is 3131
valid. Division (L) of this section applies only if the candidate 3132
received the petition from the board within ninety days of when 3133
the petition is required to be filed. 3134

       Sec. 3501.39. (A) The secretary of state or a board of 3135
elections shall accept any petition described in section 3501.38 3136
of the Revised Code unless one of the following occurs: 3137

       (1) A written protest against the petition or candidacy, 3138
naming specific objections, is filed, a hearing is held, and a 3139
determination is made by the election officials with whom the 3140
protest is filed that the petition is invalid, in accordance with 3141
any section of the Revised Code providing a protest procedure. 3142

       (2) A written protest against the petition or candidacy, 3143
naming specific objections, is filed, a hearing is held, and a 3144
determination is made by the election officials with whom the 3145
protest is filed that the petition violates any requirement 3146
established by law. 3147

       (3) The candidate's candidacy or the petition violates the 3148
requirements of this chapter, Chapter 3513. of the Revised Code, 3149
or any other requirements established by law. 3150

       (B) Except as otherwise provided in division (C) of this 3151
section or section 3513.052 of the Revised Code, a board of 3152
elections shall not invalidate any declaration of candidacy or 3153
nominating petition under division (A)(3) of this section after 3154
the fiftieth day prior to the election at which the candidate 3155
seeks nomination to office, if the candidate filed a declaration 3156
of candidacy, or election to office, if the candidate filed a 3157
nominating petition. 3158

       (C)(1) If a petition is filed for the nomination or election 3159
of a candidate in a charter municipal corporation with a filing 3160
deadline that occurs after the seventy-fifth day before the day of 3161
the election, a board of elections may invalidate the petition 3162
within fifteen days after the date the petition is filed. 3163

       (2) If a petition for the nomination or election of a 3164
candidate is invalidated under division (C)(1) of this section, 3165
that person's name shall not appear on the ballots for any office 3166
for which the person's petition has been invalidated. If the 3167
ballots have already been prepared, the board of elections shall 3168
remove the name of that person from the ballots to the extent 3169
practicable in the time remaining before the election. If the name 3170
is not removed from the ballots before the day of the election, 3171
the votes for that person are void and shall not be counted. 3172

       Sec. 3503.06. (A) No person shall be entitled to vote at any 3173
election, or to sign or circulate any declaration of candidacy or 3174
any nominating, ~~initiative,~~ referendum, or recall petition, unless 3175
the person is registered as an elector and will have resided in 3176
the county and precinct where the person is registered for at 3177
least thirty days at the time of the next election. 3178

       (B)(1) No person shall be entitled to circulate any 3179
initiative petition unless the person is a resident of this state. 3180

       (2) No person shall be entitled to sign any initiative 3181
petition unless the person is registered as an elector and will 3182
have resided in the county and precinct where the person is 3183
registered for at least thirty days at the time of the next 3184
election. 3185

       Sec. 3503.13. ~~(A) Except as provided in division (C) of this~~ 3186
~~section, registration forms shall consist of original and~~ 3187
~~duplicate cards or loose-leaf pages as prescribed by the secretary~~ 3188
~~of state. When such registration forms have been filled out and~~ 3189
~~filed in the office of the board of elections, the original forms~~ 3190
~~shall be filed together in one file and the duplicate forms shall~~ 3191
~~be filed together in another file. Except as otherwise provided in~~ 3192
~~division (D) of this section, the original forms shall be filed by~~ 3193
~~precincts and shall constitute the precinct register for use in~~ 3194
~~polling places on election day. The duplicate forms shall be filed~~ 3195
~~alphabetically and shall constitute the permanent office record of~~ 3196
~~the board. It shall not be removed from the office of the board~~ 3197
~~except upon the order of a court.~~ 3198

       ~~(B)~~ Except as otherwise provided by state or federal law, ~~the~~ 3199
registration ~~records~~forms submitted by applicants and the 3200
statewide voter registration database established under section 3201
3503.15 of the Revised Code shall be open to public inspection at 3202
all times when the office of the board of elections is open for 3203
business, under such regulations as the board adopts, provided 3204
that no person shall be permitted to inspect ~~such records~~voter 3205
registration forms except in the presence of an employee of the 3206
board. 3207

       ~~(C) The board of elections of a county that adopts or has~~ 3208
~~adopted electronic data processing for the registration of~~ 3209
~~qualified electors of the county may use a single registration~~ 3210
~~form complying with the requirements of division (A) of this~~ 3211
~~section. The information contained on the form may be duplicated~~ 3212
~~on punch cards, magnetic tape, discs, diskettes, or such other~~ 3213
~~media as are compatible with the data processing system adopted by~~ 3214
~~the board and may constitute the permanent office record in lieu~~ 3215
~~of the duplicate registration card.~~ 3216

       ~~(D) Instead of using the original registration forms as the~~ 3217
~~precinct register in the polling places on election day as~~ 3218
~~provided in division (A) of this section, a board of elections~~ 3219
~~that has adopted electronic data processing may use a legible~~ 3220
~~digitized signature list of voter signatures, copied from the~~ 3221
~~signatures on the registration forms in a form and manner~~ 3222
~~prescribed by the secretary of state, provided that the board~~ 3223
~~continues to record and maintain at the board office the~~ 3224
~~information obtained from the form prescribed under section~~ 3225
~~3503.14 of the Revised Code, and provided that the precinct~~ 3226
~~election officials have computer printouts at the polls containing~~ 3227
~~any necessary information specified by the secretary of state that~~ 3228
~~would otherwise be available to them on the registration forms.~~ 3229

       Sec. 3503.14. (A) The secretary of state, by rule adopted 3230
pursuant to Chapter 119. of the Revised Code, shall prescribe the 3231
form and content of the registration and change of residence and 3232
change of name form used in this state. The form shall ~~set forth~~ 3233
~~the eligibility requirements needed to qualify as an elector and~~ 3234
meet the requirements of the National Voter Registration Act of 3235
1993 and shall include spaces for all of the following: 3236

       (1) The voter's name; 3237

       (2) The voter's address; 3238

       (3) The current date; 3239

       (4) The voter's date of birth; 3240

       (5) The voter to provide one or more of the following: 3241

       (a) The voter's driver's license number, if any; 3242

       (b) The last four digits of the voter's social security 3243
number, if any; 3244

       (c) A copy of a current and valid photo identification or a 3245
copy of a current utility bill, bank statement, government check, 3246
paycheck, or other government document that shows the voter's name 3247
and address. 3248

       (6) The voter's signature. ~~The~~ 3249

       The form shall include a space on which the person 3250
registering an applicant shall sign the person's name and provide 3251
the person's address and a space on which the person registering 3252
an applicant shall name the employer who is employing that person 3253
to register the applicant. ~~No election official or employee of a~~ 3254
~~designated agency who is~~ 3255

       (B) None of the following persons who are registering an 3256
applicant in the course of that official's or employee's normal 3257
duties shall be required to sign the ~~election official's or~~ 3258
~~employee's~~person's name, provide the person's address, or to name 3259
the employer who is employing the ~~election official or employee~~ 3260
person to register an applicant on a form prepared under this 3261
section: 3262

       (1) An election official; 3263

       (2) A county treasurer; 3264

       (3) A deputy registrar; 3265

       (4) An employee of a designated agency; 3266

       (5) An employee of a public high school; 3267

       (6) An employee of a public vocational school; 3268

       (7) An employee of a public library; 3269

       (8) An employee of the office of a county treasurer; 3270

       (9) An employee of the bureau of motor vehicles; 3271

       (10) An employee of a deputy registrar. 3272

       ~~(B)~~(C) Any applicant who is unable to sign the applicant's 3273
own name shall make an "X," if possible, which shall be certified 3274
by the signing of the name of the applicant by the person filling 3275
out the form, who shall add the person's own signature. If an 3276
applicant is unable to make an "X," the applicant shall indicate 3277
in some manner that the applicant desires to register to vote or 3278
to change the applicant's name or residence. The person 3279
registering the applicant shall sign the form and attest that the 3280
applicant indicated that the applicant desired to register to vote 3281
or to change the applicant's name or residence. 3282

       ~~(C)~~(D) No registration and change of residence and change of 3283
name form shall be rejected solely on the basis that a person 3284
registering an applicant failed to sign the person's name, failed 3285
to provide the person's address, or failed to name the employer 3286
who is employing that person to register the applicant as required 3287
under division (A) of this section. 3288

       ~~(D)~~(E) As used in this section, "registering an applicant" 3289
includes any effort, for compensation, to provide voter 3290
registration forms or to assist persons in completing those forms 3291
or returning them to the board of elections~~, the office of the~~ 3292
~~secretary of state, or another appropriate public office~~of the 3293
county in which the registrant is seeking to register to vote. 3294

       Sec. 3503.15. (A) The secretary of state shall establish and 3295
maintain a statewide voter registration database that shall be 3296
continuously available to each board of elections and to other 3297
agencies as authorized by law. 3298

       (B) The statewide voter registration database established 3299
under this section shall be the official list of registered voters 3300
for all elections conducted in this state. 3301

       (C) The statewide voter registration database established 3302
under division (A) of this section shall, at a minimum, include 3303
all of the following: 3304

       (1) An electronic network that connects all board of election 3305
offices with the office of the secretary of state and with the 3306
offices of all other boards of elections; 3307

       (2) A computer program that harmonizes the records contained 3308
in the database with records maintained by each county board of 3309
elections; 3310

       (3) An interactive computer program that allows access to the 3311
records contained in the database by each board of elections and 3312
by any persons authorized by the secretary of state to add, 3313
delete, modify, or print database records, and to conduct daily 3314
updates of the database; 3315

       (4) A search program capable of verifying registered voters 3316
and their registration information by name, driver's license 3317
number, birth date, social security number, or current address; 3318

       (5) Safeguards and components to ensure that the integrity, 3319
security, and confidentiality of the voter registration 3320
information is maintained. 3321

       (D) The secretary of state shall adopt rules pursuant to 3322
Chapter 119. of the Revised Code doing all of the following: 3323

       (1) Specifying the manner in which existing voter 3324
registration records maintained by boards of elections shall be 3325
converted to electronic files for inclusion in the statewide voter 3326
registration database; 3327

       (2) Establishing a uniform method for entering voter 3328
registration records into the statewide voter registration 3329
database on a daily basis; 3330

       (3) Establishing a uniform method for purging canceled voter 3331
registration records from the statewide voter registration 3332
database in accordance with section 3503.21 of the Revised Code; 3333

       (4) Specifying the persons authorized to access records 3334
contained in the statewide voter registration database. 3335

       (E) A board of elections promptly shall purge a voter's name 3336
and voter registration information from the voter registration 3337
database in accordance with the rules adopted by the secretary of 3338
state under division (D)(3) of this section after the cancellation 3339
of a voter's registration under section 3503.21 of the Revised 3340
Code. 3341

       (F) Notwithstanding anything in division (D)(3) or (E) of 3342
this section, no voter who is included in the statewide voter 3343
registration database and who registered to vote under the 3344
Uniformed and Overseas Citizens Absentee Voting Act shall have 3345
that voter's registration canceled or have that voter's 3346
registration information purged from that database. 3347

       (G) The secretary of state shall provide training in the 3348
operation of the statewide voter registration database established 3349
under this section to each board of elections and to any persons 3350
authorized by the secretary of state to add, delete, modify, or 3351
print database records, and to conduct daily updates of the 3352
database. 3353

       (H) As used in this section, "Uniformed and Overseas Citizens 3354
Absentee Voting Act" means the Uniformed and Overseas Citizens 3355
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924. 3356

       Sec. 3503.16. (A) Whenever a registered elector changes the 3357
place of residence of that registered elector from one precinct to 3358
another within a county or from one county to another, or has a 3359
change of name, that registered elector shall report the change by 3360
delivering a change of residence or change of name form, whichever 3361
is appropriate, as prescribed by the secretary of state under 3362
section 3503.14 of the Revised Code to the state or local office 3363
of a designated agency, a public high school or vocational school, 3364
a public library, the office of the county treasurer, the office 3365
of the secretary of state, any office of the registrar or deputy 3366
registrar of motor vehicles, or any office of a board of elections 3367
in person or by a third person. Any voter registration, change of 3368
address, or change of name application, returned by mail, may be 3369
sent only to the secretary of state or the board of elections. 3370

       A registered elector also may update the registration of that 3371
registered elector by filing a change of residence or change of 3372
name form on the day of a special, primary, or general election at 3373
the polling place in the precinct in which that registered elector 3374
resides or at the board of elections or at another site designated 3375
by the board. 3376

       (B)(1) Any registered elector who moves within a precinct or 3377
changes the name of that registered elector and remains within a 3378
precinct on or prior to the day of a general, primary, or special 3379
election and has not filed a notice of change of residence or 3380
change of name, whichever is appropriate, with the board of 3381
elections may vote in that election by going to that registered 3382
elector's assigned polling place, completing and signing a notice 3383
of change of residence or change of name, whichever is 3384
appropriate, and casting a provisional ballot under section 3385
3505.181 of the Revised Code. 3386

       (2) Any registered elector who moves from one precinct to 3387
another within a county or moves from one precinct to another and 3388
changes the name of that registered elector on or prior to the day 3389
of a general, primary, or special election and has not filed a 3390
notice of change of residence or change of name, whichever is 3391
appropriate, with the board of elections may vote in that election 3392
if that registered elector complies with division (G) of this 3393
section or does all of the following: 3394

       (a) Appears at anytime during regular business hours on or 3395
after the twenty-eighth day prior to the election in which that 3396
registered elector wishes to vote~~, or if the election is held on~~ 3397
~~the day of a presidential primary election, the twenty-fifth day~~ 3398
~~prior to the election,~~ through noon of the Saturday prior to the 3399
election or during regular business hours on the Monday prior to 3400
the election at the office of the board of elections, or appears 3401
on the day of the election at either of the following locations: 3402

       (i) The polling place in the precinct in which that 3403
registered elector resides; 3404

       (ii) The location designated by the board of elections, which 3405
shall be the office of the board or another appropriate site 3406
designated by the board in the county in which that registered 3407
elector resides. 3408

       (b) Completes and signs, under penalty of election 3409
falsification, a notice of change of residence or change of name, 3410
whichever is appropriate, and files it with election officials at 3411
the polling place, at the office of the board of elections, or at 3412
the site designated by the board, whichever is appropriate; 3413

       (c) Votes a provisional ballot under section 3505.181 of the 3414
Revised Code at the polling place, at the office of the board of 3415
elections, or at the site designated by the board, whichever is 3416
appropriate, ~~by absent voter's ballots~~ using the address to which 3417
that registered elector has moved or the name of that registered 3418
elector as changed, whichever is appropriate; 3419

       (d) Completes and signs, under penalty of election 3420
falsification, a statement attesting that that registered elector 3421
moved or had a change of name, whichever is appropriate, on or 3422
prior to the day of the election, has voted a provisional ballot 3423
at the polling place in the precinct in which that registered 3424
elector resides, at the office of the board of elections, or at 3425
the site designated by the board, whichever is appropriate, and 3426
will not vote or attempt to vote at any other location for that 3427
particular election. The statement required under division 3428
(B)(2)(d) of this section ~~may~~shall be included on the notice of 3429
change of residence or change of name, whichever is appropriate, 3430
required under division (B)(2)(b) of this section. 3431

       (C) Any registered elector who moves from one county to 3432
another county within the state on or prior to the day of a 3433
general, primary, or special election and has not registered to 3434
vote in the county to which that registered elector moved may vote 3435
in that election if that registered elector complies with division 3436
(G) of this section or does all of the following: 3437

       (1) Appears at any time during regular business hours on or 3438
after the twenty-eighth day prior to the election in which that 3439
registered elector wishes to vote~~, or if the election is held on~~ 3440
~~the day of a presidential primary election, the twenty-fifth day~~ 3441
~~prior to the election,~~ through noon of the Saturday prior to the 3442
election or during regular business hours on the Monday prior to 3443
the election at the office of the board of elections, or appears 3444
on the day of the election at the location designated by the board 3445
of elections, which shall be either the office of the board or 3446
another appropriate site designated by the board in the county in 3447
which that registered elector resides; 3448

       (2) Completes and signs, under penalty of election 3449
falsification, a notice of change of residence and files it with 3450
election officials at the board or at the site designated by the 3451
board, whichever is appropriate; 3452

       (3) Votes a provisional ballot under section 3505.181 of the 3453
Revised Code at the office of the board of elections or at a site 3454
designated by the board ~~by absent voter's ballots~~ using the 3455
address to which that registered elector has moved; 3456

       (4) Completes and signs, under penalty of election 3457
falsification, a statement attesting that that registered elector 3458
has moved from one county to another county within the state on or 3459
prior to the day of the election, has voted at the office of the 3460
board of elections or at the site designated by the board, 3461
whichever is appropriate, and will not vote or attempt to vote at 3462
any other location for that particular election. The statement 3463
required under division (C)(4) of this section ~~may~~shall be 3464
included on the notice of change of residence required under 3465
division (C)(2) of this section. 3466

       (D) A person who votes by absent voter's ballots pursuant to 3467
division ~~(B), (C), or~~ (G) of this section shall not make written 3468
application for the ballots pursuant to Chapter 3509. of the 3469
Revised Code. Ballots cast pursuant to division ~~(B), (C), or~~ (G) 3470
of this section shall be set aside in a special envelope and 3471
counted during the official canvass of votes in the manner 3472
provided for in sections 3505.32 and 3509.06 of the Revised Code 3473
insofar as that manner is applicable. The board shall examine the 3474
pollbooks to verify that no ballot was cast at the polls or by 3475
absent voter's ballots under Chapter 3509. or 3511. of the Revised 3476
Code by an elector who has voted by absent voter's ballots 3477
pursuant to division ~~(B), (C), or~~ (G) of this section. Any ballot 3478
determined to be insufficient for any of the reasons stated above 3479
or stated in section 3509.07 of the Revised Code shall not be 3480
counted. 3481

       A board of elections may lease or otherwise acquire a site 3482
different from the office of the board at which registered 3483
electors may vote pursuant to division (B) or (C) of this section. 3484

       (E) Upon receiving a change of residence or change of name 3485
form, the board of elections shall immediately send the registrant 3486
an acknowledgment notice. If the change of residence or change of 3487
name form is valid, the board shall update the voter's 3488
registration as appropriate. If that form is incomplete, the board 3489
shall inform the registrant in the acknowledgment notice specified 3490
in this division of the information necessary to complete or 3491
update that registrant's registration. 3492

       (F) Change of residence and change of name forms shall be 3493
available at each polling place, and when these forms are 3494
completed, noting changes of residence or name, as appropriate, 3495
they shall be filed with election officials at the polling place. 3496
Election officials shall return completed forms, together with the 3497
pollbooks and tally sheets, to the board of elections. 3498

       The board of elections shall provide change of residence and 3499
change of name forms to the probate court and court of common 3500
pleas. The court shall provide the forms to any person eighteen 3501
years of age or older who has a change of name by order of the 3502
court or who applies for a marriage license. The court shall 3503
forward all completed forms to the board of elections within five 3504
days after receiving them. 3505

       (G) A registered elector who otherwise would qualify to vote 3506
under division (B) or (C) of this section but is unable to appear 3507
at the office of the board or other location designated by the 3508
board on account of personal illness, physical disability, or 3509
infirmity, may vote on the day of the election if that registered 3510
elector does all of the following: 3511

       (1) Makes written application to the appropriate board for an 3512
absent voter's ballot on or after the twenty-seventh day prior to 3513
the election in which the registered elector wishes to vote 3514
through noon of the Saturday prior to that election and requests 3515
that the absent voter's ballot be sent to the address to which the 3516
registered elector has moved if the registered elector has moved, 3517
or to the address of that registered elector who has not moved but 3518
has had a change of name; 3519

       (2) Declares that the registered elector has moved or had a 3520
change of name, whichever is appropriate, and otherwise is 3521
qualified to vote under the circumstances described in division 3522
(B) or (C) of this section, whichever is appropriate, but that the 3523
registered elector is unable to appear at the board or other 3524
location designated by the board because of personal illness, 3525
physical disability, or infirmity; 3526

       (3) Completes and returns along with the completed absent 3527
voter's ballot a notice of change of residence indicating the 3528
address to which the registered elector has moved, or a notice of 3529
change of name, whichever is appropriate; 3530

       (4) Completes and signs, under penalty of election 3531
falsification, a statement attesting that the registered elector 3532
has moved or had a change of name on or prior to the day before 3533
the election, has voted by absent voter's ballot because of 3534
personal illness, physical disability, or infirmity that prevented 3535
the registered elector from appearing at the board or other 3536
location designated by the board, and will not vote or attempt to 3537
vote at any other location or by absent voter's ballot mailed to 3538
any other location or address for that particular election. 3539

       Sec. 3503.19. (A) Persons qualified to register or to change 3540
their registration because of a change of address or change of 3541
name may register or change their registration in person at any 3542
state or local office of a designated agency, at the office of the 3543
registrar or any deputy registrar of motor vehicles, at a public 3544
high school or vocational school, at a public library, at the 3545
office of a county treasurer, or at a branch office established by 3546
the board of elections, or in person, through another person, or 3547
by mail at the office of the secretary of state or at the office 3548
of a board of elections. A registered elector may also change the 3549
elector's registration on election day at any polling place where 3550
the elector is eligible to vote, ~~on election day~~in the manner 3551
provided under section 3503.16 of the Revised Code. 3552

       Any state or local office of a designated agency, the office 3553
of the registrar or any deputy registrar of motor vehicles, a 3554
public high school or vocational school, a public library, or the 3555
office of a county treasurer shall transmit any voter registration 3556
application or change of registration form that it receives to the 3557
board of elections of the county in which the state or local 3558
office is located, within five days after receiving the voter 3559
registration application or change of registration form. 3560

       An otherwise valid voter registration application that is 3561
returned to the appropriate office other than by mail must be 3562
received by a state or local office of a designated agency, the 3563
office of the registrar or any deputy registrar of motor vehicles, 3564
a public high school or vocational school, a public library, the 3565
office of a county treasurer, the office of the secretary of 3566
state, or the office of a board of elections no later than the 3567
thirtieth day preceding a primary, special, or general election 3568
for the person to qualify as an elector eligible to vote at that 3569
election. An otherwise valid registration application received 3570
after that day entitles the elector to vote at all subsequent 3571
elections. 3572

       Any state or local office of a designated agency, the office 3573
of the registrar or any deputy registrar of motor vehicles, a 3574
public high school or vocational school, a public library, or the 3575
office of a county treasurer shall date stamp a registration 3576
application or change of name or change of address form it 3577
receives using a date stamp that does not disclose the identity of 3578
the state or local office that receives the registration. 3579

       Voter registration applications, if otherwise valid, that are 3580
returned by mail to the office of the secretary of state or to the 3581
office of a board of elections must be postmarked no later than 3582
the thirtieth day preceding a primary, special, or general 3583
election in order for the person to qualify as an elector eligible 3584
to vote at that election. If an otherwise valid voter registration 3585
application that is returned by mail does not bear a postmark or a 3586
legible postmark, the registration shall be valid for that 3587
election if received by the office of the secretary of state or 3588
the office of a board of elections no later than twenty-five days 3589
preceding any special, primary, or general election. 3590

       (B)(1) Any person may apply in person, by telephone, by mail, 3591
or through another person for voter registration forms to the 3592
office of the secretary of state or the office of a board of 3593
elections. ~~Completed~~ 3594

       (2)(a) An applicant may return the applicant's completed 3595
registration ~~forms may be returned~~form in person ~~or through~~ 3596
~~another person~~or by mail to any state or local office of a 3597
designated agency, to a public high school or vocational school, 3598
to a public library, or to the office of a county treasurer, ~~or in~~ 3599
~~person, through another person, or by mail~~ to the office of the 3600
secretary of state, or to the office of a board of elections. 3601

       (b) Subject to division (C)(2) of section 3599.11 of the 3602
Revised Code, an applicant may return the applicant's completed 3603
registration form through another person to the board of elections 3604
of the county in which the applicant is seeking to vote or to an 3605
office of a designated agency in that county. 3606

       (C)(1) A board of elections that receives a voter 3607
registration application and is satisfied as to the truth of the 3608
statements made in the registration form shall register the 3609
applicant and promptly notify the applicant of the applicant's 3610
registration and the precinct in which the applicant is to vote. 3611
The notification shall be by nonforwardable mail~~, and if~~. If the 3612
mail is returned to the board, it shall investigate and cause the 3613
notification to be delivered to the correct address~~; or if it~~ 3614
~~determines that the voter is not eligible to vote for residency~~ 3615
~~reasons it shall cancel the registration and notify the~~ 3616
~~registrant, at the last known address, of a need to reregister. If~~ 3617
~~the board does not accept the application for registration, it~~ 3618
~~shall immediately notify the applicant of the reasons for~~ 3619
~~rejecting the application and request the applicant to provide~~ 3620
~~whatever information or verification is necessary to complete the~~ 3621
~~application~~. 3622

       (2) If, after investigating as required under division (C)(1) 3623
of this section, the board is unable to verify the voter's correct 3624
address, it shall cause the voter's name in the official 3625
registration list and in the poll list or signature pollbook to be 3626
marked to indicate that the voter's notification was returned to 3627
the board. 3628

       At the first election at which a voter whose name has been so 3629
marked appears to vote, the voter shall be required to provide 3630
identification to the election officials and to vote by 3631
provisional ballot under section 3505.181 of the Revised Code. If 3632
the provisional ballot is counted pursuant to division (B)(3) of 3633
section 3505.183 of the Revised Code, the board shall correct that 3634
voter's registration, if needed, and shall remove the indication 3635
that the voter's notification was returned from that voter's name 3636
on the official registration list and on the poll list or 3637
signature pollbook. If the provisional ballot is not counted 3638
pursuant to division (B)(4) of section 3505.183 of the Revised 3639
Code, the voter's registration shall be canceled. 3640

       (3) If a notice of the disposition of an otherwise valid ~~mail~~ 3641
registration application is sent by nonforwardable mail and is 3642
returned undelivered, the person shall be registered as provided 3643
in division (C)(2) of this section and sent a confirmation notice 3644
by forwardable mail. If the person fails to respond to the 3645
confirmation notice, update the person's registration, or vote by 3646
provisional ballot as provided in division (C)(2) of this section 3647
in any election during the period of two federal elections 3648
subsequent to the mailing of the confirmation notice, the person's 3649
registration shall be canceled. 3650

       Sec. 3503.21. (A) The registration of a registered elector 3651
shall be canceled upon the occurrence of any of the following: 3652

       (1) The filing by a registered elector of a written request 3653
with a board of elections, on a form prescribed by the secretary 3654
of state and signed by the elector, that ~~his~~the registration be 3655
canceled. The filing of such a request does not prohibit an 3656
otherwise qualified elector from reregistering to vote at any 3657
time. 3658

       (2) The filing of a notice of the death of the registered 3659
elector as provided in section 3503.18 of the Revised Code; 3660

       (3) The conviction of the registered elector of a felony 3661
under the laws of this state, any other state, or the United 3662
States as provided in section 2961.01 of the Revised Code; 3663

       (4) The adjudication of incompetency of the registered 3664
elector for the purpose of voting as provided in section 5122.301 3665
of the Revised Code; 3666

       (5) The change of residence of the registered elector to a 3667
location outside the county of registration in accordance with 3668
division (B) of this section; 3669

       (6) The failure of the registered elector, after ~~he has~~ 3670
having been mailed a confirmation notice, to do either of the 3671
following: 3672

       (a) Respond to such a notice and vote at least once during a 3673
period of four consecutive years, which period shall include two 3674
general federal elections; 3675

       (b) Update ~~his~~the elector's registration and vote at least 3676
once during a period of four consecutive years, which period shall 3677
include two general federal elections. 3678

       (B)(1) The secretary of state shall prescribe procedures to 3679
identify and cancel the registration in a prior county of 3680
residence of any registrant who changes ~~his~~the registrant's 3681
voting residence to a location outside ~~his~~the registrant's 3682
current county of registration. Any procedures prescribed in this 3683
division shall be uniform and nondiscriminatory, and shall comply 3684
with the Voting Rights Act of 1965. The secretary of state may 3685
prescribe procedures under this division that include the use of 3686
the national change of address service provided by the United 3687
States postal system through its licensees. Any program so 3688
prescribed shall be completed not later than ninety days prior to 3689
the date of any primary or general election for federal office. 3690

       (2) The registration of any elector identified as having 3691
changed ~~his~~the elector's voting residence to a location outside 3692
~~his~~the elector's current county of registration shall not be 3693
canceled unless the registrant is sent a confirmation notice on a 3694
form prescribed by the secretary of state and the registrant fails 3695
to respond to the confirmation notice or otherwise update ~~his~~the 3696
registration and fails to vote in any election during the period 3697
of two federal elections subsequent to the mailing of the 3698
confirmation notice. 3699

       (C) The registration of a registered elector shall not be 3700
canceled except as provided in this section, division (Q) of 3701
section 3501.05 of the Revised Code, division (C)(2) of section 3702
3503.19 of the Revised Code, or division (C) of section 3503.24 of 3703
the Revised Code. 3704

       (D) Boards of elections shall send their voter registration 3705
lists to the secretary of state ~~semiannually~~as required under 3706
division (V) of section 3501.11 of the Revised Code. In the first 3707
quarter of each odd-numbered year, the secretary of state shall 3708
send the information contained in these lists to the national 3709
change of address service described in division (B) of this 3710
section and request that service to provide the secretary of state 3711
with a list of any voters on the lists sent by the secretary of 3712
state who have moved within the last thirty-six months. The 3713
secretary of state shall transmit to each appropriate board of 3714
elections whatever lists hethe secretary of state receives from 3715
that service. The board shall send a notice to each person on the 3716
list transmitted by the secretary of state requesting confirmation 3717
of the person's change of address, together with a postage 3718
prepaid, preaddressed return envelope containing a form on which 3719
the voter may verify or correct the change of address information. 3720

       (E) The registration of a registered elector described in 3721
division (A)(6) or (B)(2) of this section shall be canceled not 3722
later than one hundred twenty days after the date of the second 3723
general federal election in which the elector fails to vote or not 3724
later than one hundred twenty days after the expiration of the 3725
four-year period in which the elector fails to vote or respond to 3726
a confirmation notice, whichever is later. 3727

       Sec. 3503.23. (A) ~~At least fifteen~~Fourteen days before an 3728
election the board shall cause to be prepared from the 3729
~~registration cards~~statewide voter registration database 3730
established under section 3503.15 of the Revised Code a complete 3731
and official registration list for each precinct, containing the 3732
names, addresses, and political party whose ballot the elector 3733
voted in the most recent primary election within the current year 3734
and the immediately preceding two calendar years, of all qualified 3735
registered voters in the precinct. All the names, insofar as 3736
practicable, shall be arranged ~~either~~ in alphabetical order~~, or in~~ 3737
~~geographical order according to streets in the precincts~~. All the 3738
lists shall be prepared in sheet form and on one side of the 3739
paper. Each precinct list shall be headed "Register of Voters," 3740
and under the heading shall be indicated the district or ward and 3741
precinct ~~followed by the statement:~~ 3742

       ~~"Any voter of the county on or before the seventh day prior~~ 3743
~~to the election may file with the board of elections at the~~ 3744
~~board's offices located at ................. objections to the~~ 3745
~~registration of any person on this list who, he has reason to~~ 3746
~~believe, is not eligible to vote, or a request for the addition to~~ 3747
~~the list of registered voters whose names have been omitted or who~~ 3748
~~have been erroneously dropped from the registration list of the~~ 3749
~~precinct."~~. 3750

       Appended to each precinct list shall be attached the names of 3751
the members of the board and the name of the director. A 3752
sufficient number of such lists ~~may~~shall be provided for 3753
distribution to the candidates, political parties, or organized 3754
groups that apply for them. The board shall have each precinct 3755
list available at the board for viewing by the public during 3756
normal business hours. The board shall ensure that, by the opening 3757
of the polls on the day of a general or primary election, each 3758
precinct has a copy of the registration list of voters in that 3759
precinct. 3760

       (B) On the day of a general or primary election, precinct 3761
election officials shall do both of the following: 3762

       (1) By the time the polls open, conspicuously post and 3763
display at the polling place one copy of the registration list of 3764
voters in that precinct in an area of the polling place that is 3765
easily accessible, but apart from any areas where voters will be 3766
casting their ballots or waiting in line to vote; 3767

       (2) At 11 a.m. and 4 p.m. place a mark, on the official 3768
registration list posted at the polling place, before the name of 3769
those registered voters who have voted. 3770

       (C) Notwithstanding division (B) of section 3501.35 of the 3771
Revised Code, any person may enter the polling place for the sole 3772
purpose of reviewing the official registration list posted in 3773
accordance with division (B) of this section. 3774

       (D) All persons whose names appear on the official 3775
registration list for a precinct shall be permitted to cast a 3776
ballot in the manner provided by law at the polling place for the 3777
precinct in which they are registered. 3778

       Sec. 3503.24. (A) Application for the correction of any 3779
precinct registration list or a challenge of the right to vote of 3780
any registered elector may be made by any qualified elector of the 3781
county at the office of the board of elections not later than 3782
~~eleven~~twenty days prior to the election. The applications or 3783
challenges, with the reasons for the application or challenge, 3784
shall be filed with the board on a form prescribed by the 3785
secretary of state and shall be signed under penalty of election 3786
falsification. 3787

       (B) On receiving an application or challenge filed under this 3788
section, the board of elections promptly shall review the board's 3789
records. If the board is able to determine that an application or 3790
challenge should be granted or denied solely on the basis of the 3791
records maintained by the board, the board immediately shall vote 3792
to grant or deny that application or challenge. 3793

       If the board is not able to determine whether an application 3794
or challenge should be granted or denied solely on the basis of 3795
the records maintained by the board, the director shall promptly 3796
set a time and date for a hearing before the board. ~~The~~Except as 3797
otherwise provided in division (D) of this section, the hearing 3798
shall be held, and the application or challenge shall be decided, 3799
no later than ~~two~~ten days ~~prior to any election~~after the board 3800
receives the application or challenge. The director shall send 3801
written notice to any elector whose right to vote is challenged 3802
and to any person whose name is alleged to have been omitted from 3803
a registration list. The notice shall inform the person of the 3804
time and date of the hearing, and of the person's right to appear 3805
and testify, call witnesses, and be represented by counsel. The 3806
notice shall be sent by first class mail no later than three days 3807
before the day of any scheduled hearing. The director shall also 3808
provide the person who filed the application or challenge with 3809
such written notice of the date and time of the hearing. 3810

       At the request of either party or any member of the board, 3811
the board shall issue subpoenas to witnesses to appear and testify 3812
before the board at a hearing held under this section. All 3813
witnesses shall testify under oath. The board shall reach a 3814
decision on all applications and challenges immediately after 3815
hearing. 3816

       (C) If the board decides that any such person is not entitled 3817
to have the person's name on the registration list, the person's 3818
name shall be removed from the list and the person's registration 3819
forms canceled. If the board decides that the name of any such 3820
person should appear on such registration list it shall be added 3821
thereto, and the person's registration forms placed in the proper 3822
registration files. All such corrections and additions shall be 3823
made on a copy of the precinct lists, which shall constitute the 3824
poll lists, to be furnished to the respective precincts with other 3825
election supplies on the day preceding the election, to be used by 3826
the clerks in receiving the signatures of voters and in checking 3827
against the registration forms. 3828

       (D)(1) If an application or challenge for which a hearing is 3829
required to be conducted under division (B) of this section is 3830
filed after the thirtieth day before the day of an election, the 3831
board of elections, in its discretion, may postpone that hearing 3832
and any notifications of that hearing until after the day of the 3833
election. Any hearing postponed under this division shall be 3834
conducted not later than ten days after the day of the election. 3835

       (2) The board of elections shall cause the name of any 3836
registered elector whose registration is challenged and whose 3837
challenge hearing is postponed under division (D)(1) of this 3838
section to be marked in the official registration list and in the 3839
poll list or signature pollbook for that elector's precinct to 3840
indicate that the elector's registration is subject to challenge. 3841

       (3) Any elector who is the subject of an application or 3842
challenge hearing that is postponed under division (D)(1) of this 3843
section shall be permitted to vote a provisional ballot under 3844
section 3505.181 of the Revised Code. The validity of a 3845
provisional ballot cast pursuant to this section shall be 3846
determined in accordance with section 3505.183 of the Revised 3847
Code, except that no such provisional ballot shall be counted 3848
unless the hearing conducted under division (B) of this section 3849
after the day of the election results in the elector's inclusion 3850
in the official registration list. 3851

       Sec. 3503.28. (A) The secretary of state shall develop an 3852
information brochure regarding voter registration. The brochure 3853
shall include, but is not limited to, all of the following 3854
information: 3855

       (1) The applicable deadlines for registering to vote or for 3856
returning an applicant's completed registration form; 3857

       (2) The applicable deadline for returning an applicant's 3858
completed registration form if the person returning the form is 3859
being compensated for registering voters; 3860

       (3) The locations to which a person may return an applicant's 3861
completed registration form; 3862

       (4) The location to which a person who is compensated for 3863
registering voters may return an applicant's completed 3864
registration form; 3865

       (5) The registration and affirmation requirements applicable 3866
to persons who are compensated for registering voters under 3867
section 3503.29 of the Revised Code. 3868

       (B) Except as otherwise provided in division (D) of this 3869
section, a board of elections shall distribute a copy of the 3870
brochure developed under division (A) of this section to any 3871
person who requests more than two voter registration forms at one 3872
time. 3873

       (C) The secretary of state shall provide the information 3874
required to be included in the brochure developed under division 3875
(A) of this section to any person who prints a voter registration 3876
form that is made available on a web site of the office of the 3877
secretary of state. 3878

       (D) A board of elections shall not be required to distribute 3879
a copy of a brochure under division (B) of this section to any of 3880
the following officials or employees who are requesting more than 3881
two voter registration forms at one time in the course of the 3882
official's or employee's normal duties: 3883

       (1) An election official; 3884

       (2) A county treasurer; 3885

       (3) A deputy registrar; 3886

       (4) An employee of a designated agency; 3887

       (5) An employee of a public high school; 3888

       (6) An employee of a public vocational school; 3889

       (7) An employee of a public library; 3890

       (8) An employee of the office of a county treasurer; 3891

       (9) An employee of the bureau of motor vehicles; 3892

       (10) An employee of a deputy registrar. 3893

       (E) As used in this section, "registering voters" includes 3894
any effort, for compensation, to provide voter registration forms 3895
or to assist persons in completing those forms or returning them 3896
to the board of elections of the county in which the registrant is 3897
seeking to register to vote. 3898

       Sec. 3503.29. (A) The secretary of state shall develop and 3899
make available through a web site of the office of the secretary 3900
of state a training program for any person who receives or expects 3901
to receive compensation for registering a voter. The secretary of 3902
state shall specify, by rule adopted pursuant to Chapter 119. of 3903
the Revised Code, the information to be included in the online 3904
training program developed under this division. 3905

       (B) Except as otherwise provided in division (E) of this 3906
section, the secretary of state, by rules adopted pursuant to 3907
Chapter 119. of the Revised Code, shall prescribe a program under 3908
which each board of elections shall register any person who 3909
receives or expects to receive compensation for registering a 3910
voter in the county. 3911

       (C) Except as otherwise provided in division (E) of this 3912
section, each person who receives or expects to receive 3913
compensation for registering a voter, prior to registering a 3914
voter, shall do all of the following: 3915

       (1) Register with the board of elections of each county in 3916
which the person intends to register a voter in accordance with 3917
the program prescribed under division (B) of this section; 3918

       (2) Complete the training program established by the 3919
secretary of state under division (A) of this section. 3920

       (3) Sign an affirmation that includes all of the following: 3921

       (a) The person's name; 3922

       (b) The person's date of birth; 3923

       (c) The person's permanent address; 3924

       (d) A statement that the person has registered, as required 3925
under division (C)(1) of this section, with the board of elections 3926
of the county in which the person intends to register voters; 3927

       (e) A statement that the person has completed the training 3928
program required under division (C)(2) of this section; 3929

       (f) A statement that the person will follow all applicable 3930
Ohio laws while registering voters. 3931

       (D) Except as otherwise provided in division (E) of this 3932
section, each time a person who receives or expects to receive 3933
compensation for registering a voter submits a completed 3934
registration form that has been entrusted to that person to a 3935
board of elections, the person also shall submit, with the voter 3936
registration form, a copy of the affirmation signed by the person 3937
under division (C)(3) of this section. A single copy of the signed 3938
affirmation may be submitted with all voter registration forms 3939
that are returned by that person at one time. 3940

       (E) None of the following officials or employees who are 3941
registering voters in the course of the official's or employee's 3942
normal duties shall be required to comply with divisions (C) and 3943
(D) of this section: 3944

       (1) An election official; 3945

       (2) A county treasurer; 3946

       (3) A deputy registrar; 3947

       (4) An employee of a designated agency; 3948

       (5) An employee of a public high school; 3949

       (6) An employee of a public vocational school; 3950

       (7) An employee of a public library; 3951

       (8) An employee of the office of a county treasurer; 3952

       (9) An employee of the bureau of motor vehicles; 3953

       (10) An employee of a deputy registrar. 3954

       (F) As used in this section, "registering a voter" and 3955
"registering voters" includes any effort, for compensation, to 3956
provide voter registration forms or to assist persons in 3957
completing those forms or returning them to the board of elections 3958
of the county in which the registrant is seeking to register to 3959
vote. 3960

       Sec. 3505.01. On the sixtieth day before the day of the next 3961
general election, the secretary of state shall certify to the 3962
board of elections of each county the forms of the official 3963
ballots to be used at that general election, together with the 3964
names of the candidates to be printed on those ballots whose 3965
candidacy is to be submitted to the electors of the entire state. 3966
In the case of the presidential ballot for a general election, 3967
that certification shall be made on the fifty-fifth day before the 3968
day of the general election. On the seventy-fifth day before a 3969
special election to be held on the day ~~specified by division (E)~~ 3970
~~of section 3501.01 of the Revised Code for the holding~~ of a 3971
primary election, designated by the general assembly for the 3972
purpose of submitting to the voters of the state constitutional 3973
amendments proposed by the general assembly, the secretary of 3974
state shall certify to the board of elections of each county the 3975
forms of the official ballots to be used at that election. 3976

       The board of the most populous county in each district 3977
comprised of more than one county but less than all of the 3978
counties of the state, in which there are candidates whose 3979
candidacies are to be submitted to the electors of that district, 3980
shall, on the sixtieth day before the day of the next general 3981
election, certify to the board of each county in the district the 3982
names of those candidates to be printed on such ballots. 3983

       The board of a county in which the major portion of a 3984
subdivision, located in more than one county, is located shall, on 3985
the sixtieth day before the day of the next general election, 3986
certify to the board of each county in which other portions of 3987
that subdivision are located the names of candidates whose 3988
candidacies are to be submitted to the electors of that 3989
subdivision, to be printed on such ballots. 3990

       If, subsequently to the sixtieth day before, or in the case 3991
of a presidential ballot for a general election the fifty-fifth 3992
day before, and prior to the tenth day before the day of a general 3993
election, a certificate is filed with the secretary of state to 3994
fill a vacancy caused by the death of a candidate, the secretary 3995
of state shall forthwith make a supplemental certification to the 3996
board of each county amending and correcting the secretary of 3997
state's original certification provided for in the first paragraph 3998
of this section. If, within that time, such a certificate is filed 3999
with the board of the most populous county in a district comprised 4000
of more than one county but less than all of the counties of the 4001
state, or with the board of a county in which the major portion of 4002
the population of a subdivision, located in more than one county, 4003
is located, the board with which the certificate is filed shall 4004
forthwith make a supplemental certification to the board of each 4005
county in the district or to the board of each county in which 4006
other portions of the subdivision are located, amending and 4007
correcting its original certification provided for in the second 4008
and third paragraphs of this section. If, at the time such 4009
supplemental certification is received by a board, ballots 4010
carrying the name of the deceased candidate have been printed, the 4011
board shall cause strips of paper bearing the name of the 4012
candidate certified to fill the vacancy to be printed and pasted 4013
on those ballots so as to cover the name of the deceased 4014
candidate, except that in voting places using marking devices, the 4015
board shall cause strips of paper bearing the revised list of 4016
candidates for the office, after certification of a candidate to 4017
fill the vacancy, to be printed and pasted on the ballot cards so 4018
as to cover the names of candidates shown prior to the new 4019
certification, before such ballots are delivered to electors. 4020

       Sec. 3505.16. Before the opening of the polls, the package 4021
of supplies and the ballot boxes shall be opened in the presence 4022
of the precinct officials. The ballot boxes, the package of 4023
ballots, registration forms, and other supplies shall at all times 4024
be in full sight of the ~~challenger or witnesses~~observers, and no 4025
ballot box or unused ballots during the balloting or counting 4026
shall be removed or screened from their full sight until the 4027
counting has been closed and the final returns completed and the 4028
certificate signed by the judges and clerks. 4029

       Sec. 3505.18. (A)(1) When an elector appears in a polling 4030
place to vote he, the elector shall announce ~~his~~to the precinct 4031
election officials the elector's full name and address ~~to the~~ 4032
~~precinct election officials~~. He 4033

       (2) If the elector has not previously voted in an election in 4034
this state, and if the elector registered to vote by mail without 4035
providing the last four digits of the elector's social security 4036
number, the elector's driver's license number, a copy of a current 4037
valid photo identification, or a copy of a current utility bill, 4038
bank statement, government check, paycheck, or other government 4039
document that shows the elector's name and address, the elector 4040
also shall provide to the election officials proof of the 4041
elector's identity in the form of a current valid photo 4042
identification or a copy of a current utility bill, bank 4043
statement, government check, paycheck, or other government 4044
document that shows the name and address of the elector. If such 4045
an elector does not provide to the precinct election officials any 4046
of the forms of identification specified in this division, the 4047
elector may cast a provisional ballot under section 3505.181 of 4048
the Revised Code. 4049

       (B) After the elector has announced the elector's full name 4050
and address and, if applicable, provided identification under 4051
division (A)(2) of this section, the elector shall ~~then~~ write ~~his~~ 4052
the elector's name and address at the proper place in the poll 4053
~~lists~~list or signature ~~pollbooks~~pollbook provided ~~therefor~~for 4054
the purpose, except that if, for any reason, an elector ~~shall be~~ 4055
is unable to write ~~his~~the elector's name and address in the poll 4056
list or signature pollbook, the elector may make ~~his~~the elector's 4057
mark at the place intended for ~~his~~the elector's name, and a 4058
precinct election official shall write the name of the elector at 4059
the proper place on the poll list or signature pollbook following 4060
the elector's mark~~, upon the presentation of proper~~ 4061
~~identification~~. The making of such a mark shall be attested by the 4062
precinct election official, who shall evidence the same by signing 4063
~~his~~the precinct election official's name on the poll list or 4064
signature pollbook as a witness to ~~such~~the mark. 4065

       The elector's signature in the poll ~~lists~~list or signature 4066
~~pollbooks shall~~pollbook then shall be compared with ~~his~~the 4067
elector's signature on ~~his~~the elector's registration form or a 4068
digitized signature list as provided for in section 3503.13 of the 4069
Revised Code, and if, in the opinion of a majority of the precinct 4070
election officials, the signatures are the signatures of the same 4071
person, the clerks shall enter the date of the election on the 4072
registration form or shall record the date by ~~such~~ other means as 4073
~~may be~~ prescribed by the secretary of state. If the right of the 4074
elector to vote is not then challenged, or, if being challenged, 4075
hethe elector establishes ~~his~~the elector's right to vote, hethe 4076
elector shall be allowed to proceed ~~into~~to use the voting 4077
machine. If voting machines are not being used in that precinct, 4078
the judge in charge of ballots shall then detach the next ballots 4079
to be issued to the elector from Stub B attached to each ballot, 4080
leaving Stub A attached to each ballot, hand the ballots to the 4081
elector, and call ~~his~~the elector's name and the stub number on 4082
each of the ballots. The clerk shall enter the stub numbers 4083
opposite the signature of the elector in the pollbook. The elector 4084
shall then retire to one of the voting compartments to mark ~~his~~ 4085
the elector's ballots. No mark shall be made on any ballot which 4086
would in any way enable any person to identify the person who 4087
voted the ballot. 4088

       Sec. 3505.181. (A) All of the following individuals shall be 4089
permitted to cast a provisional ballot at an election: 4090

       (1) An individual who declares that the individual is a 4091
registered voter in the jurisdiction in which the individual 4092
desires to vote and that the individual is eligible to vote in an 4093
election, but the name of the individual does not appear on the 4094
official list of eligible voters for the polling place or an 4095
election official asserts that the individual is not eligible to 4096
vote; 4097

       (2) An individual required to provide identification under 4098
division (A)(2) of section 3505.18 of the Revised Code who does 4099
not provide to the election officials any of the forms of 4100
identification specified in that division; 4101

       (3) An individual whose name in the poll list or signature 4102
pollbook has been marked under section 3509.09 or 3511.13 of the 4103
Revised Code as having requested or returned an absent voter's 4104
ballot or an armed services absent voter's ballot for that 4105
election who appears to vote at the polling place; 4106

       (4) An individual whose notification of registration has been 4107
returned undelivered to the board of elections and whose name in 4108
the official registration list and in the poll list or signature 4109
pollbook has been marked under division (C)(2) of section 3503.19 4110
of the Revised Code; 4111

       (5) An individual who is challenged under section 3505.20 of 4112
the Revised Code and the election officials determine that the 4113
person is ineligible to vote or are unable to determine the 4114
person's eligibility to vote; 4115

       (6) An individual whose application or challenge hearing has 4116
been postponed until after the day of the election under division 4117
(D)(1) of section 3503.24 of the Revised Code; 4118

       (7) An individual whose notice of election has been returned 4119
undelivered to the board of elections and whose name in the 4120
official registration list and poll list or signature pollbook has 4121
been marked under division (B) of section 3501.19 of the Revised 4122
Code; 4123

       (8) An individual who moves within a precinct, changes the 4124
individual's name and remains within the precinct, moves from one 4125
precinct to another within a county, moves from one precinct to 4126
another and changes the individual's name, or moves from one 4127
county to another within the state, and completes and signs the 4128
required forms and statements under division (B) or (C) of section 4129
3503.16 of the Revised Code; 4130

       (9) An individual whose signature, in the opinion of the 4131
precinct officers under section 3505.22 of the Revised Code, is 4132
not that of the person who signed that name in the registration 4133
forms; 4134

       (10) An individual who is challenged under section 3513.20 of 4135
the Revised Code who refuses to make the statement required under 4136
that section, who a majority of the precinct officials find lacks 4137
any of the qualifications to make the individual a qualified 4138
elector, or who a majority of the precinct officials find is not 4139
affiliated with or a member of the political party whose ballot 4140
the individual desires to vote. 4141

       (B) An individual who is eligible to cast a provisional 4142
ballot under division (A) of this section shall be permitted to 4143
cast a provisional ballot as follows: 4144

       (1) An election official at the polling place shall notify 4145
the individual that the individual may cast a provisional ballot 4146
in that election. 4147

       (2) The individual shall be permitted to cast a provisional 4148
ballot at that polling place upon the execution of a written 4149
affirmation by the individual before an election official at the 4150
polling place stating that the individual is both of the 4151
following: 4152

       (a) A registered voter in the jurisdiction in which the 4153
individual desires to vote; 4154

       (b) Eligible to vote in that election. 4155

       (3) An election official at the polling place shall transmit 4156
the ballot cast by the individual or the voter information 4157
contained in the written affirmation executed by the individual 4158
under division (B)(2) of this section to an appropriate state or 4159
local election official for prompt verification under division 4160
(B)(4) of this section. 4161

       (4) If the appropriate state or local election official to 4162
whom the ballot or voter information is transmitted under division 4163
(B)(3) of this section determines that the individual is eligible 4164
to vote, the individual's provisional ballot shall be counted as a 4165
vote in that election. 4166

       (5)(a) At the time that an individual casts a provisional 4167
ballot, the appropriate state or local election official shall 4168
give the individual written information that states that any 4169
individual who casts a provisional ballot will be able to 4170
ascertain under the system established under division (B)(5)(b) of 4171
this section whether the vote was counted, and, if the vote was 4172
not counted, the reason that the vote was not counted. 4173

       (b) The appropriate state or local election official shall 4174
establish a free access system, such as a toll-free telephone 4175
number or an internet web site, that any individual who casts a 4176
provisional ballot may access to discover whether the vote of that 4177
individual was counted, and, if the vote was not counted, the 4178
reason that the vote was not counted. 4179

       The appropriate state or local election official shall 4180
establish and maintain reasonable procedures necessary to protect 4181
the security, confidentiality, and integrity of personal 4182
information collected, stored, or otherwise used by the free 4183
access system established under this division. Access to 4184
information about an individual ballot shall be restricted to the 4185
individual who cast the ballot. 4186

       (6) If, at the time that an individual casts a provisional 4187
ballot, the individual provides identification in the form of a 4188
current valid photo identification with the individual's current 4189
address, a current valid photo identification with the 4190
individual's former address, or a copy of a current utility bill, 4191
bank statement, government check, paycheck, or other government 4192
document that shows the individual's name and current address, the 4193
appropriate state or local election official shall record the type 4194
of identification provided and include that information with the 4195
transmission of the ballot or voter information under division 4196
(B)(3) of this section. 4197

       (7) If an individual casts a provisional ballot pursuant to 4198
division (A)(2), (5), or (6) of this section, the election 4199
official shall indicate, on the provisional ballot verification 4200
statement required under section 3505.182 of the Revised Code, 4201
that the individual is required to provide additional information 4202
to the board of elections or that an application or challenge 4203
hearing has been postponed with respect to the individual, such 4204
that additional information is required for the board of elections 4205
to determine the eligibility of the individual who cast the 4206
provisional ballot. 4207

       (8) During the ten days after the day of an election, an 4208
individual who casts a provisional ballot pursuant to division 4209
(A)(2) or (5) of this section may appear at the office of the 4210
board of elections and provide to the board any additional 4211
information necessary to determine the eligibility of the 4212
individual who cast the provisional ballot. 4213

       (a) For a provisional ballot cast pursuant to division (A)(2) 4214
of this section to be eligible to be counted, the individual who 4215
cast that ballot, within ten days after the day of the election, 4216
shall provide to the board of elections proof of the individual's 4217
identity in the form of the individual's driver's license number, 4218
the last four digits of the individual's social security number, a 4219
copy of a current and valid photo identification, or a copy of a 4220
current utility bill, bank statement, government check, paycheck, 4221
or other government document that shows the individual's name and 4222
address. 4223

       (b) For a provisional ballot cast pursuant to division (A)(5) 4224
of this section to be eligible to be counted, the individual who 4225
cast that ballot, within ten days after the day of that election, 4226
shall provide to the board of elections any identification or 4227
other documentation required to be provided by the applicable 4228
challenge questions asked of that individual under section 3505.20 4229
of the Revised Code. 4230

       (C)(1) If an individual declares that the individual is 4231
eligible to vote in a jurisdiction other than the jurisdiction in 4232
which the individual desires to vote, or if an election official 4233
at the polling place at which the individual desires to vote 4234
determines that the individual is not eligible to vote in that 4235
jurisdiction but the individual appears to be eligible to vote in 4236
another jurisdiction, the election official may inform the 4237
individual of the following: 4238

       (a) The jurisdiction, including the precinct number and 4239
polling location, at which the individual appears to be eligible 4240
to vote; 4241

       (b) That the individual may travel to the polling location 4242
for the correct jurisdiction or to the office of the board of 4243
elections to cast a ballot; 4244

       (c) That the individual may cast a provisional ballot in the 4245
current jurisdiction, but that the ballot will not be counted 4246
unless all of the following apply: 4247

       (i) The individual is properly registered in the 4248
jurisdiction; 4249

       (ii) The individual executes a written affirmation containing 4250
the required information; 4251

       (iii) The board of elections verifies the individual's 4252
eligibility to vote in that precinct at that election. 4253

       (2) If the individual refuses to travel to the polling 4254
location for the correct jurisdiction or to the office of the 4255
board of elections to cast a ballot, the individual shall be 4256
permitted to vote a provisional ballot at that jurisdiction in 4257
accordance with division (B) of this section. If any of the 4258
following apply, the provisional ballot cast by that individual 4259
shall not be opened or counted: 4260

       (a) The individual is not properly registered in that 4261
jurisdiction. 4262

       (b) The individual is not eligible to vote in that election 4263
in that jurisdiction. 4264

       (c) The individual's eligibility to vote in that jurisdiction 4265
in that election cannot be established upon examination of the 4266
records on file with the board of elections. 4267

       (D) The appropriate state or local election official shall 4268
cause voting information to be publicly posted at each polling 4269
place on the day of each election. 4270

       (E) As used in this section and sections 3505.182 and 4271
3505.183 of the Revised Code: 4272

       (1) "Jurisdiction" means the precinct in which a person is a 4273
legally qualified elector. 4274

       (2) "Voting information" means all of the following: 4275

       (a) A sample version of the ballot that will be used for that 4276
election; 4277

       (b) Information regarding the date of the election and the 4278
hours during which polling places will be open; 4279

       (c) Instructions on how to vote, including how to cast a vote 4280
and how to cast a provisional ballot; 4281

       (d) Instructions for mail-in registrants and first-time 4282
voters under applicable federal and state laws; 4283

       (e) General information on voting rights under applicable 4284
federal and state laws, including information on the right of an 4285
individual to cast a provisional ballot and instructions on how to 4286
contact the appropriate officials if these rights are alleged to 4287
have been violated; 4288

       (f) General information on federal and state laws regarding 4289
prohibitions against acts of fraud and misrepresentation. 4290

       Sec. 3505.182. Each individual who casts a provisional 4291
ballot under section 3505.181 of the Revised Code shall execute a 4292
written affirmation. The form of the written affirmation shall be 4293
printed upon the face of the provisional ballot envelope and shall 4294
be substantially as follows: 4295

"Provisional Ballot Affirmation 4296

STATE OF OHIO 4297

       I, .................... (Name of provisional voter), solemnly 4298
swear or affirm that I am a registered voter in the jurisdiction 4299
in which I am voting this provisional ballot and that I am 4300
eligible to vote in the election in which I am voting this 4301
provisional ballot. 4302

       I understand that, if the above-provided information is not 4303
fully completed and correct, or if the board of elections 4304
determines that I am not registered to vote, a resident of this 4305
precinct, or eligible to vote in this election, my vote will not 4306
be counted. I further understand that knowingly providing false 4307
information is a violation of law and subjects me to possible 4308
criminal prosecution. 4309

       I hereby declare, under penalty of election falsification, 4310
that the above statements are true and correct to the best of my 4311
knowledge and belief. 4312

4313
(Signature of Voter) 4314

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 4315
OF THE FIFTH DEGREE. 4316

Additional Information For Determining Ballot Validity 4317

(May be completed at voter's discretion) 4318

Voter's current address: 4319
Voter's date of birth: 4320
Voter's driver's license number or last four digits of voter's social security number 4321
(Please circle number type) 4322
(Voter may attach a copy of any of the following for identification purposes: a current and valid photo identification or a current utility bill, bank statement, government check, paycheck, or other government document that shows the voter's name and address.) 4323
Reason for voting provisional ballot (Check one): 4324
     ..... Requested, but did not receive, absent voter's ballot 4325
     ..... Other 4326

Verification Statement 4327

(To be completed by election official) 4328

       The Provisional Ballot Affirmation printed above was 4329
subscribed and affirmed before me this .......... day of 4330
.......... (Month), .......... (Year). 4331

       (If applicable, the election official must check the 4332
following true statement concerning additional information needed 4333
to determine the eligibility of the provisional voter.) 4334

       ...... The provisional voter is required to provide 4335
additional information to the board of elections. 4336

       ...... An application or challenge hearing regarding this 4337
voter has been postponed until after the election. 4338

       (The election official must check the following true 4339
statement concerning identification provided by the provisional 4340
voter, if any.) 4341

       ...... The provisional voter provided a current valid photo 4342
identification with the voter's name and current address. 4343

       ...... The provisional voter provided a current valid photo 4344
identification with the voter's name and former address. 4345

       ...... The provisional voter provided a copy of a current 4346
utility bill, bank statement, government check, paycheck, or other 4347
government document with the voter's name and current address. 4348

       ...... The provisional voter did not provide identification. 4349

4350
(Signature of Election Official)" 4351

       In addition to any information required to be included on the 4352
written affirmation, an individual casting a provisional ballot 4353
may provide additional information to the election official to 4354
assist the board of elections in determining the individual's 4355
eligibility to vote in that election, including the date and 4356
location at which the individual registered to vote, if known. 4357

       Sec. 3505.183. (A) When the ballot boxes are delivered to 4358
the board of elections from the precincts, the board shall 4359
separate the provisional ballot envelopes from the rest of the 4360
ballots. Teams of employees of the board consisting of one member 4361
of each major political party shall photocopy each provisional 4362
ballot envelope, which photocopy shall be used by the board to 4363
determine the eligibility of the individual who cast the 4364
provisional ballot in the photocopied envelope. After 4365
photocopying, the team of employees shall place the sealed 4366
provisional ballot envelopes in a sealed container. The sealed 4367
provisional ballot envelopes shall remain in that sealed container 4368
until the validity of those ballots is determined under division 4369
(B) of this section. 4370

       (B)(1) To determine whether a provisional ballot is valid and 4371
entitled to be counted, the board shall examine its records and 4372
determine whether the individual who cast the provisional ballot 4373
is registered and eligible to vote in the applicable election. The 4374
board shall examine the information contained in the written 4375
affirmation executed by the individual who cast the provisional 4376
ballot under division (B)(2) of section 3505.181 of the Revised 4377
Code. The following information shall be included in the written 4378
affirmation in order for the provisional ballot to be eligible to 4379
be counted: 4380

       (a) The individual's name; 4381

       (b) A statement that the individual is a registered voter in 4382
the jurisdiction in which the provisional ballot is being voted; 4383

       (c) A statement that the individual is eligible to vote in 4384
the election in which the provisional ballot is being voted. 4385

       (2) In addition to the information required to be included in 4386
the written affirmation under division (B)(1) of this section, in 4387
determining whether a provisional ballot is valid and entitled to 4388
be counted, the board also shall examine any additional 4389
information for determining ballot validity provided by the 4390
provisional voter on the written affirmation, provided by the 4391
provisional voter to an election official under section 3505.182 4392
of the Revised Code, or provided to the board of elections during 4393
the ten days after the day of the election under division (B)(8) 4394
of section 3505.181 of the Revised Code, to assist the board in 4395
determining the individual's eligibility to vote. 4396

       (3) If, in examining a provisional ballot affirmation and 4397
additional information under divisions (B)(1) and (2) of this 4398
section, the board determines that all of the following apply, the 4399
provisional ballot envelope shall be opened and the ballot shall 4400
be placed in a ballot box to be counted: 4401

       (a) The individual named on the written affirmation is 4402
properly registered to vote. 4403

       (b) The individual named on the written affirmation is 4404
eligible to cast a ballot in the precinct and for the election in 4405
which the individual cast the provisional ballot. 4406

       (c) The individual provided all of the information required 4407
under division (B)(1) of this section in the written affirmation 4408
that the individual executed at the time the individual cast the 4409
provisional ballot; 4410

       (d) If applicable, the individual provided any additional 4411
information required under division (B)(8) of section 3505.181 of 4412
the Revised Code within ten days after the day of the election; 4413

       (e) If applicable, the hearing conducted under division (B) 4414
of section 3503.24 of the Revised Code after the day of the 4415
election resulted in the individual's inclusion in the official 4416
registration list. 4417

       (4)(a) If, in examining a provisional ballot affirmation and 4418
additional information under divisions (B)(1) and (2) of this 4419
section, the board determines that any of the following apply, the 4420
provisional ballot envelope shall not be opened and the ballot 4421
shall not be counted: 4422

       (i) The individual named on the written affirmation is not 4423
qualified or is not properly registered to vote. 4424

       (ii) The individual named on the written affirmation is not 4425
eligible to cast a ballot in the precinct or for the election in 4426
which the individual cast the provisional ballot. 4427

       (iii) The individual did not provide all of the information 4428
required under division (B)(1) of this section in the written 4429
affirmation that the individual executed at the time the 4430
individual cast the provisional ballot; 4431

       (iv) If applicable, the individual did not provide any 4432
additional information required under division (B)(8) of section 4433
3505.181 of the Revised Code within ten days after the day of the 4434
election; 4435

       (v) If applicable, the hearing conducted under division (B) 4436
of section 3503.24 of the Revised Code after the day of the 4437
election did not result in the individual's inclusion in the 4438
official registration list. 4439

       (b) If, in examining a provisional ballot affirmation and 4440
additional information under divisions (B)(1) and (2) of this 4441
section, the board is unable to determine either of the following, 4442
the provisional ballot envelope shall not be opened and the ballot 4443
shall not be counted: 4444

       (i) Whether the individual named on the written affirmation 4445
is qualified or properly registered to vote; 4446

       (ii) Whether the individual named on the written affirmation 4447
is eligible to cast a ballot in the precinct or for the election 4448
in which the individual cast the provisional ballot. 4449

       (C)(1) For each provisional ballot rejected under division 4450
(B)(4) of this section, the board shall record the ballot 4451
identification number and denote that the ballot was rejected. The 4452
board shall retain the photocopy of the provisional ballot 4453
envelope for that ballot for record-keeping purposes and shall 4454
note the following information on that photocopy: 4455

       (a) The names of the board members who determined the 4456
validity of that ballot; 4457

       (b) The date and time that the determination was made; 4458

       (c) The reason that the ballot was not counted. 4459

       (2) Provisional ballots that are rejected under division 4460
(B)(4) of this section shall not be counted but shall be preserved 4461
in their provisional ballot envelopes unopened until the time 4462
provided by section 3505.31 of the Revised Code for the 4463
destruction of all other ballots used at the election for which 4464
ballots were provided, at which time they shall be destroyed. 4465

       (D) Provisional ballots that the board determines are 4466
eligible to be counted under division (B)(3) of this section shall 4467
be counted in the same manner as provided for other ballots under 4468
section 3505.27 of the Revised Code. No provisional ballots shall 4469
be counted in a particular county until the board determines the 4470
eligibility to be counted of all provisional ballots cast in that 4471
county under division (B) of this section for that election. 4472
Observers, as provided in section 3505.21 of the Revised Code, may 4473
be present at all times that the teams are photocopying 4474
provisional ballot envelopes and at all times that board is 4475
determining the eligibility of provisional ballots to be counted 4476
and counting those provisional ballots determined to be eligible. 4477
No person shall recklessly disclose the count or any portion of 4478
the count of provisional ballots in such a manner as to jeopardize 4479
the secrecy of any individual ballot. 4480

       (E)(1) Except as otherwise provided in division (E)(2) of 4481
this section, nothing in this section shall prevent a board of 4482
elections from examining provisional ballot affirmations and 4483
additional information under divisions (B)(1) and (2) of this 4484
section to determine the eligibility of provisional ballots to be 4485
counted during the ten days after the day of an election. 4486

       (2) A board of elections shall not examine the provisional 4487
ballot affirmation and additional information under divisions 4488
(B)(1) and (2) of this section of any provisional ballot for which 4489
an election official has indicated under division (B)(7) of 4490
section 3505.181 of the Revised Code that additional information 4491
is required for the board of elections to determine the 4492
eligibility of the individual who cast that provisional ballot 4493
until the individual provides any information required under 4494
division (B)(8) of section 3505.181 of the Revised Code, until any 4495
hearing required to be conducted under section 3503.24 of the 4496
Revised Code with regard to the provisional voter is held, or 4497
until the eleventh day after the day of the election, whichever is 4498
earlier. 4499

       Sec. 3505.19. Any person registered as an elector may be 4500
challenged by any qualified elector as to ~~his~~the registered 4501
elector's right to vote ~~at any~~prior to the nineteenth day before 4502
the day of an election. Such qualified elector may, ~~at any time~~ 4503
~~during the year,~~ either by appearing in person at the office of 4504
the board of elections, or by letter addressed to the board, 4505
challenge the right of such registered elector to vote. Any such 4506
challenge must state the ground upon which the challenge is made, 4507
and must be signed by the challenger giving ~~his~~the challenger's 4508
address and voting precinct. If~~, after public hearing, of which~~ 4509
~~both the challenger and challenged shall be notified,~~ the board is 4510
satisfied, in accordance with division (B) of section 3503.24 of 4511
the Revised Code, that the challenge is well taken, the director 4512
shall so indicate on the registration cards and he shall so notify 4513
in writing the judges and clerks of the precinct. If such 4514
challenged person offers to vote at such election he, the 4515
challenged person shall be examined as in the case of an original 4516
challenge. If such person establishes, to the satisfaction of the 4517
judges and clerks, that ~~his~~the person's disabilities have been 4518
removed and that hethe person has a right to vote, hethe person 4519
shall be permitted to vote. 4520

       Sec. 3505.20. Any person offering to vote may be challenged 4521
at the polling place ~~by any challenger, any elector then lawfully~~ 4522
~~in the polling place, or~~ by any judge or clerk of elections. If 4523
the board of elections has ruled on the question presented by a 4524
challenge prior to election day, its finding and decision shall be 4525
final and the presiding judge shall be notified in writing. If the 4526
board has not ruled, the question shall be determined as set forth 4527
in this section. If any person is so challenged as unqualified to 4528
vote, the presiding judge shall tender the person the following 4529
oath: "You do swear or affirm under penalty of election 4530
falsification that you will fully and truly answer all of the 4531
following questions put to you~~, touching your place of residence~~ 4532
~~and~~concerning your qualifications as an elector at this 4533
election." 4534

       (A) If the person is challenged as unqualified on the ground 4535
that the person is not a citizen, the judges shall put the 4536
following questions: 4537

       (1) Are you a citizen of the United States? 4538

       (2) Are you a native or naturalized citizen? 4539

       (3) Where were you born? 4540

       (4) What official documentation do you possess to prove your 4541
citizenship? Please provide that documentation. 4542

       If the person offering to vote claims to be a naturalized 4543
citizen of the United States, the person shall, before the vote is 4544
received, ~~either~~ produce for inspection of the judges a 4545
certificate of naturalization and declare under oath that the 4546
person is the identical person named therein~~, or state under oath~~ 4547
~~when and where the person was naturalized, that the person has had~~ 4548
~~a certificate of the person's naturalization, and that it is lost,~~ 4549
~~destroyed, or beyond the person's power to produce to the judges~~. 4550
If the person states under oath that, by reason of the 4551
naturalization of the person's parents or one of them, the person 4552
has become a citizen of the United States, and when or where the 4553
person's parents were naturalized, the certificate of 4554
naturalization need not be produced. If the person is unable to 4555
provide a certificate of naturalization on the day of the 4556
election, the judges shall provide to the person, and the person 4557
may vote, a provisional ballot under section 3505.181 of the 4558
Revised Code. The provisional ballot shall not be counted unless 4559
it is properly completed and the board of elections determines 4560
that the voter is properly registered and eligible to vote in the 4561
election. 4562

       (B) If the person is challenged as unqualified on the ground 4563
that the person has not resided in this state for thirty days 4564
immediately preceding the election, the judges shall put the 4565
following questions: 4566

       (1) Have you resided in this state for thirty days 4567
immediately preceding this election? If so, where have you 4568
resided? ~~Name two persons who know of your place of residence.~~ 4569

       (2) ~~Have you been absent from this state within the thirty~~ 4570
~~days immediately preceding this election? If yes, then the~~ 4571
~~following questions:~~ 4572

       ~~(a) Have you continuously resided outside this state for a~~ 4573
~~period of four years or more?~~ 4574

       ~~(b) Did you, while absent, look upon and regard this state as~~ 4575
~~your home?~~ 4576

       ~~(c) Did you, while absent, vote in any other state?~~Did you 4577
properly register to vote? 4578

       (3) Can you provide some form of identification containing 4579
your current mailing address in this precinct? Please provide that 4580
identification. 4581

       (4) Have you voted or attempted to vote at any other location 4582
in this or in any other state at this election? 4583

       (5) Have you applied for an absent voter's ballot in any 4584
state for this election? 4585

       If the judges are unable to verify the person's eligibility 4586
to cast a ballot in the election, the judges shall provide to the 4587
person, and the person may vote, a provisional ballot under 4588
section 3505.181 of the Revised Code. The provisional ballot shall 4589
not be counted unless it is properly completed and the board of 4590
elections determines that the voter is properly registered and 4591
eligible to vote in the election. 4592

       (C) If the person is challenged as unqualified on the ground 4593
that the person is not a resident of the ~~county or~~ precinct where 4594
hethe person offers to vote, the judges shall put the following 4595
questions: 4596

       (1) ~~Do you now reside in this county?~~ 4597

       ~~(2)~~ Do you ~~now~~ reside in this precinct? 4598

       (2) When did you move into this precinct? 4599

       (3) When you came into this precinct, did you come for a 4600
temporary purpose merely or for the purpose of making it your 4601
home? 4602

       (4) What is your current mailing address? 4603

       (5) Do you have some official identification containing your 4604
current address in this precinct? Please provide that 4605
identification. 4606

       (6) Have you voted or attempted to vote at any other location 4607
in this or in any other state at this election? 4608

       (7) Have you applied for any absent voter's ballot in any 4609
state for this election? 4610

       The judges shall direct an individual who is not in the 4611
appropriate polling place to the appropriate polling place. If the 4612
individual refuses to go to the appropriate polling place, or if 4613
the judges are unable to verify the person's eligibility to cast a 4614
ballot in the election, the judges shall provide to the person, 4615
and the person may vote, a provisional ballot under section 4616
3505.181 of the Revised Code. The provisional ballot shall not be 4617
counted unless it is properly completed and the board of elections 4618
determines that the voter is properly registered and eligible to 4619
vote in the election. 4620

       (D) If the person is challenged as unqualified on the ground 4621
that the person is not of legal voting age, the judges shall put 4622
the following ~~question~~questions: 4623

       (1) Are you eighteen years of age or more ~~to the best of your~~ 4624
~~knowledge and belief~~? 4625

       (2) What is your date of birth? 4626

       (3) Do you have some official identification verifying your 4627
age? Please provide that identification. 4628

       If the judges are unable to verify the person's age and 4629
eligibility to cast a ballot in the election, the judges shall 4630
provide to the person, and the person may vote, a provisional 4631
ballot under section 3505.181 of the Revised Code. The provisional 4632
ballot shall not be counted unless it is properly completed and 4633
the board of elections determines that the voter is properly 4634
registered and eligible to vote in the election. 4635

       The presiding judge shall put such other questions to the 4636
person challenged ~~under respective heads designated by this~~ 4637
~~section,~~ as are necessary to ~~test~~determine the person's 4638
qualifications as an elector at the election. If a person 4639
challenged refuses to answer fully any question put to the person, 4640
is unable to answer the questions as they were answered on the 4641
registration form by the person under whose name the person offers 4642
to vote, refuses to sign the person's name or make the person's 4643
mark, or if for any other reason a majority of the judges believes 4644
the person is not entitled to vote, the judges shall ~~refuse the~~ 4645
~~person a ballot. If a person is disqualified under division (C) of~~ 4646
~~this section because the person does not now reside in the county~~ 4647
~~or precinct, the presiding judge shall inform the person of the~~ 4648
~~person's right to vote in the person's proper county or precinct~~ 4649
~~of residence and instruct the person to contact the appropriate~~ 4650
~~board of elections for information concerning the location of the~~ 4651
~~person's voting precinct~~provide to the person, and the person may 4652
vote, a provisional ballot under section 3505.181 of the Revised 4653
Code. The provisional ballot shall not be counted unless it is 4654
properly completed and the board of elections determines that the 4655
voter is properly registered and eligible to vote in the election. 4656

       A qualified citizen who has certified the citizen's intention 4657
to vote for president and vice-president as provided by Chapter 4658
3504. of the Revised Code shall be eligible to receive only the 4659
ballot containing presidential and vice-presidential candidates. 4660

       ~~The decision of said judges shall be final as to the right of~~ 4661
~~the person challenged to vote at such election.~~ 4662

       However, prior to the nineteenth day before the day of an 4663
election and in accordance with section 3503.24 of the Revised 4664
Code, any person qualified to vote may challenge the right of any 4665
other person to be registered as a voter, or the right to cast an 4666
absent voter's ballot, or to make application for such ballot. 4667
Such challenge shall be made in accordance with section 3503.24 of 4668
the Revised Code and the board of elections of the county in which 4669
the voting residence of the challenged voter is situated shall 4670
make a final determination relative to the legality of such 4671
registration or application. 4672

       Sec. 3505.21. At any primary, special, or general election, 4673
any political party supporting candidates to be voted upon at such 4674
election and any group of five or more candidates may appoint to 4675
the board of elections or to any of the ~~polling places~~precincts 4676
in the county or city one person, a qualified elector, who shall 4677
serve as ~~challenger~~observer for such party or such candidates 4678
during the casting ~~of the ballots,~~ and ~~one person, a qualified~~ 4679
~~elector, who shall serve as witness during the~~ counting of the 4680
ballots; provided that ~~one such person~~separate observers may be 4681
appointed to serve ~~as both challenger and witness~~during the 4682
casting and during the counting of the ballots. No candidate, no 4683
uniformed peace officer as defined by section 2935.01 of the 4684
Revised Code, no uniformed state highway patrol trooper, no 4685
uniformed member of any fire department, no uniformed member of 4686
the armed services, no uniformed member of the organized militia, 4687
no person wearing any other uniform and no person carrying a 4688
firearm or other deadly weapon shall serve as ~~a witness or~~ 4689
~~challenger~~an observer, nor shall any candidate be represented by 4690
more than one ~~challenger and one witness~~observer at any one 4691
~~polling place~~precinct except that a candidate who is a member of 4692
a party controlling committee, as defined in section 3517.03 of 4693
the Revised Code, may serve as ~~a witness or challenger~~an 4694
observer. Any political party or group of candidates appointing 4695
~~witnesses or challengers~~observers shall notify the board of 4696
elections of the names and addresses of its appointees and the 4697
~~polling places~~precincts at which they shall serve. Notification 4698
shall take place not less than eleven days before the election on 4699
forms prescribed by the secretary of state and may be amended by 4700
filing an amendment with the board of elections at any time until 4701
four p.m. of the day before the election. The ~~challenger and~~ 4702
~~witness~~observer serving on behalf of a political party shall be 4703
appointed in writing by the ~~chairman~~chairperson and secretary of 4704
the respective controlling party committees. ~~Challengers and~~ 4705
~~witnesses~~Observers serving for any five or more candidates shall 4706
have their certificates signed by such candidates. ~~Challengers and~~ 4707
~~witnesses so~~Observers appointed to a precinct may file their 4708
certificates of appointment with the presiding judge of the 4709
precinct at the meeting on the evening prior to the election, or 4710
with the presiding judge of the precinct on the day of the 4711
election. ~~Witnesses shall not be admitted to the booths before the~~ 4712
~~closing of the polls except for the purpose of filing their~~ 4713
~~certificates.~~ Upon the filing of a certificate the person named as 4714
~~challenger~~observer therein shall be permitted to be in and about 4715
the polling place for the precinct during the casting of the 4716
ballots and shall be permitted to watch every proceeding of the 4717
judges and clerks of elections from the time of the opening until 4718
the closing of the polls. ~~Any such witnesses so appointed~~The 4719
observer also may inspect the counting of ~~the~~all ballots in the 4720
~~precinct~~polling place or board of elections from the time of the 4721
closing of the polls until the counting is completed and the final 4722
returns are certified and signed. The judges of elections shall 4723
protect such ~~challengers and witnesses~~observers in all of the 4724
rights and privileges granted to them by Title XXXV of the Revised 4725
Code. 4726

       No persons other than the judges and clerks of elections, the 4727
~~witnesses~~observers, a police officer, other persons who are 4728
detailed to any precinct on request of the board of elections, or 4729
the secretary of state or ~~his~~the secretary of state's legal 4730
representative shall be admitted to the polling place or board of 4731
elections after the closing of the polls until the counting, 4732
certifying, and signing of the final returns of each election have 4733
been completed. 4734

       Not later than eleven days prior to an election at which 4735
questions are to be submitted to a vote of the people, any 4736
committee which in good faith advocates or opposes a measure may 4737
file a petition with the board of any county asking that such 4738
petitioners be recognized as the committee entitled to appoint 4739
~~witnesses~~observers to the count at such election. If more than 4740
one committee alleging themselves to advocate or oppose the same 4741
measure file such petitions, the board shall decide and announce 4742
by registered mail to each committee not less than three days 4743
immediately preceding the election which committee is entitled to 4744
appoint such ~~witnesses~~observers. Such decision shall not be 4745
final, but any aggrieved party may institute mandamus proceedings 4746
in the court of common pleas of the county wherein such board has 4747
jurisdiction to compel the judges of elections to accept the 4748
appointees of such aggrieved party. Any such recognized committee 4749
may appoint ~~a challenger and a witness~~an observer to the count in 4750
each precinct. Committees appointing ~~witnesses or challengers~~ 4751
observers shall notify the board of elections of the names and 4752
addresses of its appointees and the ~~polling places~~precincts at 4753
which they shall serve. Notification shall take place not less 4754
than eleven days before the election on forms prescribed by the 4755
secretary of state and may be amended by filing an amendment with 4756
the board of elections at any time until four p.m. on the day 4757
before the election. A person so appointed shall file ~~his~~the 4758
person's certificate of appointment with the presiding judge in 4759
the precinct in which hethe person has been appointed to serve. 4760
~~Witnesses~~Observers shall file their certificates before the polls 4761
are closed. In no case shall more than six ~~such challengers and~~ 4762
~~six witnesses~~observers be appointed for any one election in any 4763
one precinct. If more than three questions are to be voted on, the 4764
committees which have appointed ~~challengers and witnesses~~ 4765
observers may agree upon not to exceed six ~~challengers and six~~ 4766
~~witnesses~~observers, and the judges of elections shall appoint 4767
such ~~challengers and witnesses~~observers. If such committees fail 4768
to agree, the judges of elections shall appoint six ~~challengers~~ 4769
~~and six witnesses~~observers from the appointees so certified, in 4770
such manner that each side of the several questions shall be 4771
represented. 4772

       Observers who are appointed to serve a precinct during the 4773
counting of the ballots only shall file their certificates of 4774
appointment at the precinct after the polls close. 4775

       No person shall serve as ~~a witness or challenger~~an observer 4776
at any ~~polling place~~precinct unless the board of elections of the 4777
county in which such ~~witness or challenger~~observer is to serve 4778
has first been notified of the name, address, and ~~polling place~~ 4779
precinct at which such ~~witness or challenger~~observer is to serve. 4780
Notification to the board of elections shall be given by the 4781
political party, group of candidates, or committee appointing such 4782
~~witness or challenger~~observer as prescribed in this section. No 4783
such ~~challengers and witnesses~~observers shall receive any 4784
compensation from the county, municipal corporation, or township, 4785
and they shall take the following oath, to be administered by one 4786
of the judges of elections: 4787

       "You do solemnly swear that you will faithfully and 4788
impartially discharge the duties as an official ~~challenger and~~ 4789
~~witness~~observer, assigned by law; that you will not cause any 4790
delay to persons offering to vote, further than is necessary to 4791
procure satisfactory information of their qualification as 4792
electors; and that you will not disclose or communicate to any 4793
person how any elector has voted at such election." 4794

       Sec. 3505.22. If any precinct officer~~, challenger, or other~~ 4795
~~elector~~ has reason to believe that a person is impersonating an 4796
elector, then such person, before ~~he is~~being given a ballot, 4797
shall be questioned as to ~~his~~the person's right to vote, and 4798
shall be required to sign ~~his~~the person's name or make ~~his~~the 4799
person's mark in ink on a card to be provided therefor. If, in the 4800
opinion of a majority of the precinct officers, the signature is 4801
not that of the person who signed such name in the registration 4802
forms, then such person ~~may~~shall be ~~refused~~permitted to cast a 4803
provisional ballot under section 3505.181 of the Revised Code. 4804
~~Such person may appeal to the board of elections and if the board~~ 4805
~~finds that he is eligible to vote, an order instructing the~~ 4806
~~precinct officer to permit him to vote shall be given to such~~ 4807
~~person. Such order shall be recognized by such precinct officers~~ 4808
~~when presented and signed and such person shall be permitted to~~ 4809
~~vote.~~ 4810

       Sec. 3505.25. No judge or clerk of elections, ~~challenger~~ 4811
observer, or police officer admitted into the polling rooms at the 4812
election, at any time while the polls are open, shall have in ~~his~~ 4813
the individual's possession, distribute, or give out any ballot or 4814
ticket to any person on any pretense during the receiving, 4815
counting, or certifying of the votes, or have any ballot or ticket 4816
in ~~his~~the individual's possession or control, except in the 4817
proper discharge of ~~his~~the individual's official duty in 4818
receiving, counting, or canvassing the votes. This section does 4819
not prevent the lawful exercise by a judge or clerk of elections, 4820
~~witness,~~ or ~~challenger~~observer of ~~his~~the individual right to 4821
vote at such election. 4822

       Sec. 3505.26. At the time for closing the polls, the 4823
presiding judge shall by proclamation announce that the polls are 4824
closed. 4825

       The judges and clerks shall then in the presence of ~~witnesses~~ 4826
observers proceed as follows: 4827

       (A) Count the number of electors who voted, as shown on the 4828
pollbooks. 4829

       (B) Count the unused ballots without removing stubs. 4830

       (C) Count the soiled and defaced ballots. 4831

       (D) Insert the totals of (A), (B), and (C) on the report 4832
forms provided therefor in the pollbook. 4833

       (E) Count the voted ballots. If the number of voted ballots 4834
exceeds the number of voters whose names appear upon the 4835
pollbooks, the presiding judge shall enter on the pollbooks an 4836
explanation of such discrepancy, and such explanation, if agreed 4837
to, shall be subscribed to by all of the judges and clerks. Any 4838
judge or clerk having a different explanation shall enter it in 4839
the pollbooks and subscribe to it. 4840

       (F) Put the unused ballots with stubs attached, and soiled 4841
and defaced ballots with stubs attached, in the envelopes or 4842
containers provided therefor, certify the number, and then proceed 4843
to count and tally the votes in the manner prescribed by section 4844
3505.27 of the Revised Code and certify the result of the election 4845
to the board of elections. 4846

       Sec. 3505.27. Unless otherwise ordered by the secretary of 4847
state or the board of elections, the counting and tallying of 4848
ballots shall be conducted according to procedures prescribed by 4849
the board of elections that assure an accurate count of all votes 4850
cast and that include all of the following: 4851

       (A) The counting and tallying of ballots at the appropriate 4852
office, as designated by the board, in the full view of members of 4853
the board and ~~witnesses~~observers; 4854

       (B) The recording on a worksheet or other appropriate 4855
document of the number of votes cast for each candidate and the 4856
number of votes cast for and against each question or issue; 4857

       (C) The periodic reporting to the public and the office of 4858
the secretary of state of the number of votes cast for each 4859
candidate and the number of votes cast for and against each 4860
question or issue as tallied at the time of the report; 4861

       (D) An examination and verification by the appropriate 4862
authority, as designated by the board, of the votes so tallied and 4863
recorded in the pollbook under section 3505.26 of the Revised 4864
Code. 4865

       The board shall prescribe additional procedures as necessary 4866
to assure an accurate count of all votes cast. These procedures 4867
shall be followed until all of the ballots that are required to be 4868
counted on the day of the election after the close of the polls 4869
have been counted. 4870

       All work sheets that are prepared at the polling locations 4871
shall be preserved and placed inside the pollbook and returned to 4872
the board. 4873

       If there is any disagreement as to how a ballot should be 4874
counted it shall be submitted to the members of the board for a 4875
decision on whether or to what extent the ballot should be 4876
counted. If three of the members do not agree as to how any part 4877
of the ballot shall be counted, only that part of such ballot on 4878
which three of the members do agree shall be counted. A notation 4879
shall be made upon the ballot indicating what part has not been 4880
counted, and the ballot shall be placed in an envelope marked 4881
"Disputed Ballots." 4882

       Sec. 3505.32. (A) Except as otherwise provided in division 4883
(D) of this section, not earlier than the eleventh day or later 4884
than the fifteenth day after a general or special election ~~or, if~~ 4885
~~a special election was held on the day of a presidential primary~~ 4886
~~election, not earlier than the twenty-first day or later than the~~ 4887
~~twenty-fifth day after the special election~~, the board of 4888
elections shall begin to canvass the election returns from the 4889
precincts in which electors were entitled to vote at that 4890
election. It shall continue the canvass daily until it is 4891
completed and the results of the voting in that election in each 4892
of the precincts are determined. 4893

       The board shall complete the canvass not later than the ~~date~~ 4894
~~set by the secretary of state under division (U) of section~~ 4895
~~3501.05 of the Revised Code~~twenty-first day after the day of the 4896
election. ~~Sixty~~Eighty-one days after the ~~date set by~~day of the 4897
~~secretary of state for the completion of the canvass~~election, the 4898
canvass of election returns shall be deemed final, and no 4899
amendments to the canvass may be made after that date. The 4900
secretary of state may specify an earlier date upon which the 4901
canvass of election returns shall be deemed final, and after which 4902
amendments to the final canvass may not be made, if so required by 4903
federal law. 4904

       (B) The county executive committee of each political party, 4905
each committee designated in a petition nominating an independent 4906
or nonpartisan candidate for election at an election, each 4907
committee designated in a petition to represent the petitioners 4908
pursuant to which a question or issue was submitted at an 4909
election, and any committee opposing a question or issue submitted 4910
at an election that was permitted by section 3505.21 of the 4911
Revised Code to have a qualified elector serve as ~~a witness~~an 4912
observer during the counting of the ballots at each polling place 4913
at an election may designate a qualified elector who may be 4914
present and may ~~witness~~observe the making of the official 4915
canvass. 4916

       (C) The board shall first open all envelopes containing 4917
uncounted ballots and shall count and tally them. 4918

       In connection with its investigation of any apparent or 4919
suspected error or defect in the election returns from a polling 4920
place, the board may cause subpoenas to be issued and served 4921
requiring the attendance before it of the election officials of 4922
that polling place, and it may examine them under oath regarding 4923
the manner in which the votes were cast and counted in that 4924
polling place, or the manner in which the returns were prepared 4925
and certified, or as to any other matters bearing upon the voting 4926
and the counting of the votes in that polling place at that 4927
election. 4928

       Finally, the board shall open the sealed container containing 4929
the ballots that were counted in the polling place at the election 4930
and count those ballots, during the official canvass, in the 4931
presence of all of the members of the board and any other persons 4932
who are entitled to witness the official canvass. 4933

       (D) Prior to the tenth day after a primary, general, or 4934
special election, the board may examine the pollbooks, poll lists, 4935
and tally sheets received from each polling place for its files 4936
and may compare the results of the voting in any polling place 4937
with the summary statement received from the polling place. If the 4938
board finds that any of these records or any portion of them is 4939
missing, or that they are incomplete, not properly certified, or 4940
ambiguous, or that the results of the voting in the polling place 4941
as shown on the summary statement from the polling place are 4942
different from the results of the voting in the polling place as 4943
shown by the pollbook, poll list, or tally sheet from the polling 4944
place, or that there is any other defect in the records, the board 4945
may make whatever changes to the pollbook, poll list, or tally 4946
sheet it determines to be proper in order to correct the errors or 4947
defects. 4948

       Sec. 3506.01. As used in this chapter and Chapters 3501., 4949
3503., 3505., 3509., 3511., 3513., 3515., 3517., 3519., 3521., 4950
3523., and 3599. of the Revised Code: 4951

       (A) "Marking device" means an apparatus operated by a voter 4952
to record the voter's choices through the piercing or marking of 4953
ballots enabling them to be examined and counted by automatic 4954
tabulating equipment. 4955

       (B) "Ballot" means the official election presentation of 4956
offices and candidates, including write-in candidates, and of 4957
questions and issues, and the means by which votes are recorded. 4958

       (C) "Automatic tabulating equipment" means a machine or 4959
electronic device, or interconnected or interrelated machines or 4960
electronic devices, that will automatically examine and count 4961
votes recorded on ballots. 4962

       (D) "Central counting station" means a location, or one of a 4963
number of locations, designated by the board of elections for the 4964
automatic examining, sorting, or counting of ballots. 4965

       (E) "Voting machines" means mechanical or electronic 4966
equipment for the direct recording and tabulation of votes. 4967

       (F) "Direct recording electronic voting machine" means a 4968
voting machine that records votes by means of a ballot display 4969
provided with mechanical or electro-optical components that can be 4970
actuated by the voter, that processes the data by means of a 4971
computer program, and that records voting data and ballot images 4972
in internal or external memory components. A "direct recording 4973
electronic voting machine" produces a tabulation of the voting 4974
data stored in a removable memory component and in printed copy. 4975

       (G) "Help America Vote Act of 2002" means the "Help America 4976
Vote Act of 2002," Public Law 107-252, 116 Stat. 1666. 4977

        (H) "Voter verified paper audit trail" means a physical paper 4978
printout on which the voter's ballot choices, as registered by a 4979
direct recording electronic voting machine, are recorded. The 4980
voter shall be permitted to visually or audibly inspect the 4981
contents of the physical paper printout. The physical paper 4982
printout shall be securely retained at the polling place until the 4983
close of the polls on the day of the election; the secretary of 4984
state shall adopt rules under Chapter 119. of the Revised Code 4985
specifying the manner of storing the physical paper printout at 4986
the polling place. After the physical paper printout is produced, 4987
but before the voter's ballot is recorded, the voter shall have an 4988
opportunity to accept or reject the contents of the printout as 4989
matching the voter's ballot choices. If a voter rejects the 4990
contents of the physical paper printout, the system that produces 4991
the voter verified paper audit trail shall invalidate the printout 4992
and permit the voter to recast the voter's ballot. On and after 4993
the first federal election that occurs after January 1, 2006, 4994
unless required sooner by the Help America Vote Act of 2002, any 4995
system that produces a voter verified paper audit trail shall be 4996
accessible to disabled voters, including visually impaired voters, 4997
in the same manner as the direct recording electronic voting 4998
machine that produces it. 4999

       (I) "Blank ballot" means either of the following: 5000

       (1) A ballot on which no vote is marked for any candidate, 5001
question, or issue choice; 5002

       (2) A ballot that is improperly marked so that automatic 5003
tabulating equipment is unable to detect or record a vote for any 5004
candidate, question, or issue choice. 5005

       Sec. 3506.12. In counties where marking devices, automatic 5006
tabulating equipment, voting machines, or any combination of these 5007
are in use or are to be used, the board of elections: 5008

       (A) May combine, rearrange, and enlarge precincts; but the 5009
board shall arrange for a sufficient number of these devices to 5010
accommodate the number of electors in each precinct as determined 5011
by the number of votes cast in that precinct at the most recent 5012
election for the office of governor, taking into consideration the 5013
size and location of each selected polling place, available 5014
parking, handicap accessibility and other accessibility to the 5015
polling place, and the number of candidates and issues to be voted 5016
on. Notwithstanding section 3501.22 of the Revised Code, the board 5017
may appoint more than four precinct officers to each precinct if 5018
this is made necessary by the number of voting machines to be used 5019
in that precinct. 5020

       (B) Except as otherwise provided in this division, shall 5021
establish one or more counting stations to receive voted ballots 5022
and other precinct election supplies after the polling precincts 5023
are closed. Those stations shall be under the supervision and 5024
direction of the board of elections. Processing and counting of 5025
voted ballots, and the preparation of summary sheets, shall be 5026
done in the presence of ~~witnesses~~observers approved by the board. 5027
A certified copy of the summary sheet for the precinct shall be 5028
posted at each counting station immediately after completion of 5029
the summary sheet. 5030

       In counties where punch card ballots are used, one or more 5031
counting stations, located at the board of elections, shall be 5032
established, at which location all punch card ballots shall be 5033
counted. 5034

       As used in this division, "punch card ballot" has the same 5035
meaning as in section 3506.16 of the Revised Code. 5036

       Sec. 3506.13. In precincts where marking devices, automatic 5037
tabulating equipment, voting machines, or any combination of these 5038
are used, ~~challengers and witnesses~~observers may be appointed as 5039
prescribed in section 3505.21 of the Revised Code. The duties and 5040
privileges of ~~challengers~~observers in such precincts during the 5041
hours the polls are open, shall be as provided in section 3505.21 5042
of the Revised Code. 5043

       ~~Challengers~~Observers shall be allowed to remain in the 5044
polling place after the polls close and may observe the processing 5045
of the ballots and the sealing and signing of the envelopes or 5046
containers or both containing the voted ballots. 5047

       ~~Witnesses shall not be allowed in the polling place, but~~ 5048
~~shall file their certificates of appointment at the proper~~ 5049
~~counting station after the polls close, and may observe all~~ 5050
~~functions there.~~ 5051

       Sec. 3506.21. (A) As used in this section, "optical scan 5052
ballot" means a ballot that is marked by using a specified writing 5053
instrument to fill in a designated position to record a voter's 5054
candidate, question, or issue choice and that can be scanned and 5055
electronically read in order to tabulate the vote. 5056

       (B)(1) In addition to marks that can be scanned and 5057
electronically read by automatic tabulating equipment, any of the 5058
following marks, if made on an optical scan ballot, shall be 5059
counted as a valid vote: 5060

       (a) A candidate, question, or issue choice that has been 5061
underlined by the voter; 5062

       (b) A candidate, question, or issue choice that has been 5063
circled by the voter; 5064

       (c) An arrow or oval beside the candidate, question, or issue 5065
choice that has been circled by the voter; 5066

       (d) An arrow or oval beside the candidate, question, or issue 5067
choice that has been marked by the voter with an "x," a check 5068
mark, or other recognizable mark; 5069

       (e) A candidate, question, or issue choice that has been 5070
marked with a writing instrument that cannot be recognized by 5071
automatic tabulating equipment. 5072

       (2) The secretary of state may adopt rules under Chapter 119. 5073
of the Revised Code to authorize additional types of optical scan 5074
ballots and to specify the types of marks on those ballots that 5075
shall be counted as a valid vote to ensure consistency in the 5076
counting of ballots throughout the state. 5077

       Sec. 3509.01. The board of elections of each county shall 5078
provide absent voter's ballots for use at every primary and 5079
general election, or special election to be held on the day 5080
~~specified by division (E) of section 3501.01 of the Revised Code~~ 5081
~~for the holding~~ of a primary election, designated by the general 5082
assembly for the purpose of submitting constitutional amendments 5083
proposed by the general assembly to the voters of the state. Those 5084
ballots shall be the same size, shall be printed on the same kind 5085
of paper, and shall be in the same form as has been approved for 5086
use at the election for which those ballots are to be voted; 5087
except that, in counties using marking devices, ballot cards may 5088
be used for absent voter's ballots, and those absent voters shall 5089
be instructed to record the vote in the manner provided on the 5090
ballot cards. In counties where punch card ballots are used, those 5091
absent voters shall be instructed to examine their marked ballot 5092
cards and to remove any chads that remain partially attached to 5093
them before returning them to election officials. 5094

       The rotation of names of candidates and questions and issues 5095
shall be substantially complied with on absent voter's ballots, 5096
within the limitation of time allotted. Those ballots shall be 5097
designated as "Absent Voter's Ballots" and shall be printed and 5098
ready for use on the thirty-fifth day before the day of the 5099
election~~, except that those ballots shall be printed and ready for~~ 5100
~~use on the twenty-fifth day before the day of a presidential~~ 5101
~~primary election~~. 5102

       Absent voter's ballots provided for use at a general or 5103
primary election, or special election to be held on the day 5104
~~specified by division (E) of section 3501.01 of the Revised Code~~ 5105
~~for the holding~~ of a primary election, designated by the general 5106
assembly for the purpose of submitting constitutional amendments 5107
proposed by the general assembly to the voters of the state, shall 5108
include only those questions, issues, and candidacies that have 5109
been lawfully ordered submitted to the electors voting at that 5110
election. 5111

       Absent voter's ballots for special elections held on days 5112
other than the day on which general or primary elections are held 5113
shall be ready for use as many days before the day of the election 5114
as reasonably possible under the laws governing the holding of 5115
that special election. 5116

       A copy of the absent voter's ballots shall be forwarded by 5117
the director of the board in each county to the secretary of state 5118
at least twenty-five days before the election. 5119

       As used in this section, "chad" and "punch card ballot" have 5120
the same meanings as in section 3506.16 of the Revised Code. 5121

       Sec. 3509.02. (A) Any qualified elector ~~who meets any of the~~ 5122
~~following qualifications~~ may vote by absent voter's ballots at an 5123
election: 5124

       ~~(1) The elector is sixty-two years of age or older.~~ 5125

       ~~(2) The elector's employment as a full-time fire fighter,~~ 5126
~~full-time peace officer as defined in division (B) of section~~ 5127
~~2935.01 of the Revised Code, or full-time provider of emergency~~ 5128
~~medical services may prevent the elector from voting at the~~ 5129
~~elector's polling place on the day of the election.~~ 5130

       ~~(3) The elector is a member of the organized militia, serving~~ 5131
~~on active duty within this state, and will be unable to vote on~~ 5132
~~election day on account of that active duty.~~ 5133

       ~~(4) The elector will be absent from the elector's polling~~ 5134
~~place on the day of an election because of the elector's entry or~~ 5135
~~the entry of a member of the elector's family into a hospital for~~ 5136
~~medical or surgical treatment.~~ 5137

       ~~(5) The elector is confined in a jail or workhouse under~~ 5138
~~sentence for a misdemeanor or is awaiting trial on a felony or~~ 5139
~~misdemeanor charge.~~ 5140

       ~~(6) The elector will be unable to vote on the day of an~~ 5141
~~election on account of observance of the elector's religious~~ 5142
~~belief.~~ 5143

       ~~(7) The elector will be absent from the county in which the~~ 5144
~~elector's voting residence is located on the day of an election.~~ 5145

       ~~(8) The elector has a physical disability, illness, or~~ 5146
~~infirmity~~. 5147

       (B) Any qualified elector who is unable to appear at the 5148
office of the board of elections or other location designated by 5149
the board on account of personal illness, physical disability, or 5150
infirmity, and who moves from one precinct to another within a 5151
county or, changes ~~his or her~~the elector's name and moves from 5152
one precinct to another within ~~the~~a county, or moves from one 5153
county to another county within the state, on or prior to the day 5154
of a general, primary, or special election and has not filed a 5155
notice of change of residence or change of name may vote by absent 5156
voter's ballots in that election as specified in division ~~(B) or~~ 5157
(G) of section 3503.16 of the Revised Code. ~~Any qualified elector~~ 5158
~~who moves from one county to another county within the state on or~~ 5159
~~prior to the day of the election at which the elector offers to~~ 5160
~~vote and has not filed a notice of change of residence may vote by~~ 5161
~~absent voter's ballots at that election as specified in division~~ 5162
~~(C) of section 3503.16 of the Revised Code.~~ 5163

       ~~(C) The secretary of state, an employee of the secretary of~~ 5164
~~state, a member or employee of the board of elections or any~~ 5165
~~person hired by the board to work at the office of the board~~ 5166
~~temporarily for a specific election, or a polling place official,~~ 5167
~~who is a qualified elector may vote by absent voter's ballots.~~ 5168
~~Application shall be made to the board of elections of the county~~ 5169
~~where his voting residence is situated.~~ 5170

       Sec. 3509.03. Except as provided in ~~division (B) or (C) of~~ 5171
~~section 3503.16,~~ section 3509.031, or division (B) of section 5172
3509.08 of the Revised Code, any person desiring to vote absent 5173
voter's ballots at an election shall make written application for 5174
such ballots to the director of elections of the county in which 5175
such person's voting residence is located. The application need 5176
not be in any particular form but shall contain words which, 5177
liberally construed, indicate the request for such ballots, the 5178
election for which such ballots are requested, and, if the request 5179
is for primary election ballots, the person's party affiliation. 5180
The application for such ballots shall state that the person 5181
requesting the ballots is a qualified elector~~, and the reason for~~ 5182
~~the person's absence from the polls on election day~~. The 5183
application shall include sufficient information to enable the 5184
director to determine the precinct in which the applicant's voting 5185
residence is located and shall be signed by the applicant. If the 5186
applicant desires ballots to be mailed to the applicant, the 5187
application shall state the mailing address. 5188

       A voter who will be outside the United States on the day of 5189
any election during a calendar year may use a single federal post 5190
card application to apply for absent voter's ballots. Such ballots 5191
shall be sent to the voter for use at the primary and general 5192
elections in that year and any special election to be held on the 5193
day ~~in that year specified by division (E) of section 3501.01 of~~ 5194
~~the Revised Code for the holding~~ of a primary election, designated 5195
by the general assembly for the purpose of submitting 5196
constitutional amendments proposed by the general assembly to the 5197
voters of the state, unless the voter reports a change in the 5198
voter's voting status to the board of elections or the voter's 5199
intent to vote in any such election in the precinct in this state 5200
where hethe voter is registered to vote. ~~Such an~~A single federal 5201
postcard application shall be processed by the board of elections 5202
pursuant to section 3509.04 of the Revised Code the same as if the 5203
voter had applied separately for absent voter's ballots for each 5204
election. When mailing absent voter's ballots to a voter who 5205
applied for them by single federal post card application, the 5206
board shall enclose notification to the voter that the voter must 5207
report to the board subsequent changes in the voter's voting 5208
status or the voter's subsequent intent to vote in any such 5209
election in the precinct in this state where the voter is 5210
registered to vote. Such notification shall be in a form 5211
prescribed by the secretary of state. As used in this section, 5212
"voting status" means the voter's name at the time the voter 5213
applied for absent voter's ballots by single federal post card 5214
application and the voter's address outside the United States to 5215
which the voter requested that such ballots be sent. 5216

       Each application for absent voter's ballots shall be 5217
delivered to the director not earlier than the first day of 5218
January of the year of the elections for which the absent voter's 5219
ballots are requested or not earlier than ninety days before the 5220
day of the election at which the ballots are to be voted, 5221
whichever is earlier, and not later than twelve noon of the third 5222
day before the day of the election at which such ballots are to be 5223
voted, or not later than the close of regular business hours on 5224
the day before the day of the election at which the absent voter's 5225
ballots are to be voted if the application is delivered in person 5226
to the office of the board. 5227

       Sec. 3509.04. Upon receipt by the director of elections of 5228
an application for absent voter's ballots, as provided by sections 5229
3509.03 and 3509.031, and division (G) of section 3503.16, of the 5230
Revised Code, the director, if the director finds that the 5231
applicant is a qualified elector ~~and is entitled to vote absent~~ 5232
~~voter's ballots as applied for in the application~~, shall deliver 5233
to the applicant in person or mail directly to the applicant by 5234
special delivery mail, air mail, or regular mail, postage prepaid, 5235
proper absent voter's ballots. ~~The director shall give proper~~ 5236
~~absent voter's ballots to any qualified elector who presents self~~ 5237
~~to vote at the office of the board of elections or at another~~ 5238
~~location designated by the board as provided in division (B) or~~ 5239
~~(C) of section 3503.16 of the Revised Code.~~ The director shall 5240
give, deliver, or mail with the ballots an unsealed identification 5241
envelope upon the face of which shall be printed a form 5242
substantially as follows: 5243

"Identification Envelope Statement of Voter 5244

       I, ~~the undersigned voter~~........................(Name of 5245
voter), declare under penalty of election falsification that the 5246
within ballot or ballots contained no voting marks of any kind 5247
when I received them, and I caused the ballot or ballots to be 5248
marked, enclosed in the identification envelope, and sealed in 5249
that envelope. 5250

       My voting residence in Ohio is 5251

................................................................... 5252

(Street and Number, if any, or Rural Route and Number) 5253

of ................................ (City, Village, or Township) 5254
Ohio, which is in Ward ............... Precinct ................ 5255
in that city, village, or township. 5256

~~.....I am a qualified elector of the state of Ohio. (Applicant~~ 5257
        ~~must check the true statement concerning the applicant's~~ 5258
        ~~reason for voting by absent voter's ballots)~~ 5259

~~.....I shall be absent from the county on the day of the election.~~ 5260

~~.....I shall be outside the United States on the day of the~~ 5261
        ~~election. (Applicants who check this statement must also~~ 5262
        ~~check the appropriate box on the enclosed return envelope to~~ 5263
        ~~indicate that they will be outside the United States.)~~ 5264

~~.....I shall be absent from my polling place on the day of the~~ 5265
        ~~election due to my entry or the entry of a member of my~~ 5266
        ~~family into a hospital for medical or surgical treatment.~~ 5267

~~.....I shall be absent from my polling place on the day of the~~ 5268
        ~~election due to physical illness, disability, or infirmity.~~ 5269

~~.....My employment as a full-time fire fighter, peace officer, or~~ 5270
        ~~provider of emergency medical services may prevent me from~~ 5271
        ~~voting at my polling place on the day of the election.~~ 5272

~~.....I shall be absent from my polling place on the day of the~~ 5273
        ~~election because I am on active duty with the organized~~ 5274
        ~~militia in the state of Ohio.~~ 5275

~~.....I shall be unable to vote on election day because of~~ 5276
        ~~observance of my religious belief.~~ 5277

~~.....I am the secretary of state.~~ 5278

~~.....I am an employee of the secretary of state.~~ 5279

~~.....I am a member of the board of elections.~~ 5280

~~.....I am an employee of or person temporarily hired by the board~~ 5281
        ~~of elections.~~ 5282

~~.....I am a polling place official.~~ 5283

~~.....I shall be absent from my polling place on the day of the~~ 5284
        ~~election due to my confinement in a jail or workhouse under~~ 5285
        ~~sentence for a misdemeanor or awaiting trial on a felony or~~ 5286
        ~~misdemeanor.~~ 5287

~~.....I am sixty-two years of age or older.~~ 5288

~~.....I moved from one precinct to another in the same county or~~ 5289
        ~~from one county to another on or prior to the day of an~~ 5290
        ~~election and did not file a notice of change of residence.~~ 5291

~~.....I changed my name on or prior to the day of an election and~~ 5292
        ~~did not file a notice of change of name.~~ 5293

       The primary election ballots, if any, within this envelope 5294
are primary election ballots of the ............. Party. 5295

       Ballots contained ~~herein~~within this envelope are to be voted 5296
at the .......... (general, special, or primary) election to be 5297
held on the .......................... day of 5298
......................, .... 5299

       My date of birth is ............... (Month and Day), 5300
.......... (Year). 5301

       (Voter must provide one of the following:) 5302

       My driver's license number is ............... (Driver's 5303
license number). 5304

       The last four digits of my Social Security Number are 5305
............... (Last four digits of Social Security Number). 5306

       ...... In lieu of providing a driver's license number or the 5307
last four digits of my Social Security Number, I am enclosing a 5308
copy of one of the following in the return envelope in which this 5309
identification envelope will be mailed: a current and valid photo 5310
identification or a current utility bill, bank statement, 5311
government check, paycheck, or other government document that 5312
shows my name and address. 5313

       I hereby declare, under penalty of election falsification, 5314
that the statements above are true, as I verily believe. 5315

.................................... 5316

(Signature of Voter) 5317

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF 5318
THE FIFTH DEGREE." 5319

       The director shall mail with the ballots and the unsealed 5320
identification envelope ~~that the director mails~~ an unsealed return 5321
envelope upon the face of which shall be printed the official 5322
title and post-office address of ~~such~~the director. In the upper 5323
left corner on the face of ~~such~~the return envelope, several blank 5324
lines shall be printed upon which the voter may write the voter's 5325
name and return address, and beneath these lines there shall be 5326
printed a box beside the words "check if out-of-country." The 5327
voter shall check this box if the voter will be outside the United 5328
States on the day of the election. The return envelope shall be of 5329
such size that the identification envelope can be conveniently 5330
placed within it for returning ~~such~~the identification envelope to 5331
the director. 5332

       Sec. 3509.05. (A) When an elector receives an absent voter's 5333
ballot, pursuant to ~~his~~the elector's application or request 5334
~~therefor, is received by the elector~~, hethe elector shall, before 5335
placing any marks ~~thereon~~on the ballot, note whether there are 5336
any voting marks on ~~the ballot~~it. ~~In the event~~If there are any 5337
voting marks, the ballot shall be returned immediately to the 5338
board of elections; otherwise hethe elector shall cause the 5339
ballot to be marked, folded in ~~such~~a manner that the stub ~~thereon~~ 5340
on it and the indorsements and facsimile signatures of the members 5341
of the board of elections on the back ~~thereof~~of it are visible, 5342
and placed and sealed within the identification envelope received 5343
from the director of elections for that purpose. Then, the elector 5344
shall cause the statement of voter on the outside of the 5345
identification envelope to be completed and signed, under penalty 5346
of election falsification. 5347

       If the elector does not provide the elector's driver's 5348
license number or the last four digits of the elector's social 5349
security number on the statement of voter on the identification 5350
envelope, the elector also shall include in the return envelope 5351
with the identification envelope a copy of the elector's current 5352
valid photo identification or a copy of a current utility bill, 5353
bank statement, government check, paycheck, or other government 5354
document that shows the name and address of the elector. 5355

       The elector shall ~~then~~ mail the identification envelope to 5356
the director from whom it was received in the return envelope, 5357
postage prepaid, or hethe elector may personally deliver it to 5358
the director, or the spouse of the elector, the father, mother, 5359
father-in-law, mother-in-law, grandfather, grandmother, brother, 5360
or sister of the whole or half blood, or the son, daughter, 5361
adopting parent, adopted child, stepparent, stepchild, uncle, 5362
aunt, nephew, or niece of the elector may deliver it to the 5363
director~~, but the~~. The return envelope shall be transmitted to the 5364
director in no other manner, except as provided in section 3509.08 5365
of the Revised Code. 5366

       Each elector who will be outside the United States on the day 5367
of the election shall check the box on the return envelope 5368
indicating this fact. 5369

       When absent voter's ballots are delivered to an elector at 5370
the office of the board, the elector may retire to a voting 5371
compartment provided by the board and there mark the ballots. 5372
Thereupon hethe elector shall fold them, place them in the 5373
identification envelope provided, seal the ~~identification~~ 5374
envelope, fill in and sign the statement ~~thereon~~on the envelope 5375
under penalty of election falsification, and deliver the envelope 5376
to the director of the board. 5377

       Except as otherwise provided in ~~divisions~~division (B) ~~and~~ 5378
~~(C)~~ of this section, all other envelopes containing marked absent 5379
voter's ballots, shall be delivered to the director not later than 5380
the close of the polls on the day of an election. Absent voter's 5381
ballots delivered to the director later than the times specified 5382
shall not be counted, but shall be kept by the board in the sealed 5383
identification envelopes in which they are delivered to the 5384
director, until the time provided by section 3505.31 of the 5385
Revised Code for the destruction of all other ballots used at the 5386
election for which ballots were provided, at which time they shall 5387
be destroyed. 5388

       (B) ~~Except as otherwise provided in division (C) of this~~ 5389
~~section, any~~Any return envelope that indicates that the voter 5390
will be outside the United States on the day of the election shall 5391
be delivered to the director prior to the eleventh day after the 5392
election. Ballots delivered in such envelopes that are received 5393
after the close of the polls on election day through the tenth day 5394
thereafter shall be counted on the eleventh day at the board of 5395
elections in the manner provided in divisions (C) and (D) of 5396
section 3509.06 of the Revised Code. Any such ballots that are 5397
signed or postmarked after the close of the polls on the day of 5398
the election or that are received by the director later than the 5399
tenth day following the election shall not be counted, but shall 5400
be kept by the board in the sealed identification envelopes as 5401
provided in division (A) of this section. 5402

       ~~(C) In any year in which a presidential primary election is~~ 5403
~~held, any return envelope that indicates that the voter will be~~ 5404
~~outside the United States on the day of the presidential primary~~ 5405
~~election shall be delivered to the director prior to the~~ 5406
~~twenty-first day after that election. Ballots delivered in such~~ 5407
~~envelopes that are received after the close of the polls on~~ 5408
~~election day through the twentieth day thereafter shall be counted~~ 5409
~~on the twenty-first day at the board of elections in the manner~~ 5410
~~provided in divisions (C) and (D) of section 3509.06 of the~~ 5411
~~Revised Code. Any such ballots that are signed or postmarked after~~ 5412
~~the close of the polls on the day of that election or that are~~ 5413
~~received by the director later than the twentieth day following~~ 5414
~~that election shall not be counted, but shall be kept by the board~~ 5415
~~in the sealed identification envelopes as provided in division (A)~~ 5416
~~of this section.~~ 5417

       Sec. 3509.06. (A) The board of elections shall determine 5418
whether absent voter's ballots shall be counted in each precinct, 5419
at the office of the board, or at some other location designated 5420
by the board, and shall proceed accordingly under division (B) or 5421
(C) of this section. 5422

       (B) When the board of elections determines that absent 5423
voter's ballots shall be counted in each precinct, the director 5424
shall deliver to the presiding judge of each precinct on election 5425
day identification envelopes purporting to contain absent voter's 5426
ballots of electors whose voting residence appears from the 5427
statement of voter on the outside of each of such envelopes, to be 5428
located in such presiding judge's precinct, and which were 5429
received by the director not later than the close of the polls on 5430
election day. The director shall deliver to such presiding judge a 5431
list containing the name and voting residence of each person whose 5432
voting residence is in such precinct to whom absent voter's 5433
ballots were mailed. 5434

       (C) When the board of elections determines that absent 5435
voter's ballots shall be counted at the office of the board of 5436
elections or at another location designated by the board, special 5437
election judges shall be appointed by the board for that purpose 5438
having the same authority as is exercised by precinct judges. The 5439
votes so cast shall be added to the vote totals by the board, and 5440
the absentee ballots shall be preserved separately by the board, 5441
in the same manner and for the same length of time as provided by 5442
section 3505.31 of the Revised Code. 5443

       (D) Each of the envelopes purporting to contain absent 5444
voter's ballots delivered to the presiding judge of the precinct 5445
or the special judge appointed by the board of elections shall be 5446
handled as follows: The ~~judge shall announce the name of the~~ 5447
~~elector who appears to have signed the statement of voter on the~~ 5448
~~outside of such envelope. In counties in which absent voter's~~ 5449
~~ballots are counted in each precinct,~~election officials shall 5450
compare the signature of the elector on the outside of such 5451
envelope ~~shall be compared~~ with the signature of such elector on 5452
~~his~~the elector's registration form and verify that the absent 5453
voter's ballot is eligible to be counted under section 3509.07 of 5454
the Revised Code. Any ~~appointed challenger or any~~ of the precinct 5455
officials may challenge the right of the elector named on such 5456
identification envelope to vote such absent voter's ballots upon 5457
the ground that the signature on such envelope is not the same as 5458
the signature on such registration form, or upon any other of the 5459
grounds upon which the right of persons to vote may be lawfully 5460
challenged. If no such challenge is made, or if such a challenge 5461
is made and not sustained, the presiding judge shall open the 5462
envelope without defacing the statement of voter and without 5463
mutilating the ballots therein, and shall remove the ballots 5464
contained therein and proceed to count them. 5465

       The name of each person voting who is entitled to vote only 5466
an absent voter's presidential ballot shall be entered in a 5467
pollbook or poll list or signature pollbook followed by the words 5468
"Absentee Presidential Ballot." The name of each person voting an 5469
absent voter's ballot, other than such persons entitled to vote 5470
only a presidential ballot, shall be entered in the pollbook or 5471
poll list or signature pollbook and ~~his~~the person's registration 5472
card marked to indicate that hethe person has voted. 5473

       The date of such election shall also be entered on the 5474
elector's registration form. If any such challenge is made and 5475
sustained, the identification envelope of such elector shall not 5476
be opened and shall be endorsed "Not Counted" with the reasons 5477
therefor, and shall be delivered to the board. 5478

       (E) Special election judges or, employees or members of the 5479
board of elections, or observers shall not disclose the count or 5480
any portion of the count of absent voter's ballots prior to the 5481
time of the closing of the polling places. No person shall 5482
recklessly disclose the count or any portion of the count of 5483
absent voter's ballots in such a manner as to jeopardize the 5484
secrecy of any individual ballot. 5485

       (F) Observers may be appointed under section 3505.21 of the 5486
Revised Code to witness the examination and the opening of 5487
identification envelopes and the counting of absent voter's 5488
ballots under this section. 5489

       Sec. 3509.07. If election officials find that the statement 5490
accompanying an absent voter's ballot or absent voter's 5491
presidential ballot is insufficient, that the signatures do not 5492
correspond with the person's registration signature, that the 5493
applicant is not a qualified elector in the precinct, that the 5494
ballot envelope contains more than one ballot of any one kind, or 5495
any voted ballot that the elector is not entitled to vote, or that 5496
Stub A is detached from the absent voter's ballot or absent 5497
voter's presidential ballot, or that the elector has not included 5498
with the elector's ballot any identification required under 5499
section 3509.05 or 3511.09 of the Revised Code, the vote shall not 5500
be accepted or counted. The vote of any absent voter may be 5501
challenged for cause in the same manner as other votes are 5502
challenged, and the election officials shall determine the 5503
legality of that ballot. Every ballot not counted shall be 5504
indorsed on its back "Not Counted" with the reasons the ballot was 5505
not counted, and shall be enclosed and returned to or retained by 5506
the board of elections along with the contested ballots. 5507

       Sec. 3509.08. (A) Any qualified elector, who, on account of 5508
the elector's own personal illness, physical disability, or 5509
infirmity, or on account of the elector's confinement in a jail or 5510
workhouse under sentence for a misdemeanor or awaiting trial on a 5511
felony or misdemeanor, will be unable to travel from the elector's 5512
home or place of confinement to the voting booth in the elector's 5513
precinct on the day of any general, special, or primary election 5514
may make application in writing for an absent voter's ballot to 5515
the director of the board of elections of the elector's county 5516
stating the nature of the elector's illness, physical disability, 5517
or infirmity, or the fact that the elector is confined in a jail 5518
or workhouse and the elector's resultant inability to travel to 5519
the election booth in the elector's precinct on election day. The 5520
application shall not be valid if it is delivered to the clerk 5521
before the ninetieth day or after twelve noon of the third day 5522
before the day of the election at which ~~such ballots are~~the 5523
ballot is to be voted. 5524

       The ~~absentee ballots~~absent voter's ballot may be mailed 5525
directly to the applicant at the applicant's voting residence or 5526
place of confinement as stated in the applicant's application, or 5527
the board may designate two board employees belonging to the two 5528
major political parties, for the purpose of delivering the ~~ballots~~ 5529
ballot to the disabled or confined elector and returning ~~them~~it 5530
to the board, unless the applicant is confined to a public or 5531
private institution within the county, in which case the board 5532
shall designate two such employees for the purpose of delivering 5533
the ~~ballots~~ballot to the disabled or confined elector and 5534
returning ~~them~~it to the board. In all other instances, the 5535
~~ballots~~ballot shall be returned to the office of the board in the 5536
manner prescribed in section 3509.05 of the Revised Code. 5537

       Any disabled or confined elector who declares to the two 5538
employees that the elector is unable to mark the elector's ballot 5539
by reason of physical infirmity~~, and such physical infirmity~~that 5540
is apparent to the employees to be sufficient to incapacitate the 5541
voter from marking ~~his~~the elector's ballot properly, may receive, 5542
upon request, ~~receive~~ the assistance of the two employees in 5543
marking the elector's ballot, and they shall thereafter give no 5544
information in regard to this matter. Such assistance shall not be 5545
rendered for any other cause. 5546

       When two board employees deliver ~~ballots~~a ballot to a 5547
disabled or confined elector, each of the employees shall be 5548
present when the ~~ballots are~~ballot is delivered, when assistance 5549
is given, and when the ~~ballots are~~ballot is returned to the 5550
office of the board, and shall subscribe to the declaration on the 5551
identification envelope. 5552

       The secretary of state shall prescribe the form of 5553
application for absent voter's ballots under this division ~~(A) of~~ 5554
~~this section~~. 5555

       ~~Chapter 3509. of the Revised Code~~This chapter applies to 5556
disabled and confined absent voter's ballots except as otherwise 5557
provided in this section. 5558

       (B)(1) Any qualified elector who is unable to travel to the 5559
voting booth in the elector's precinct on the day of any general, 5560
special, or primary election because of being confined in a 5561
hospital as a result of an accident or unforeseeable medical 5562
emergency occurring before the election, may apply to the director 5563
of the board of elections of the county where the elector is a 5564
qualified elector to vote in the election by absent voter's 5565
ballot. This application shall be made in writing and shall be 5566
delivered to the director not later than three p.m. on the day of 5567
the election. The application shall indicate the hospital where 5568
the applicant is confined, the date of the applicant's admission 5569
to the hospital, the offices for which the applicant is qualified 5570
to vote, and, if the applicant is requesting to vote in a primary 5571
election, the applicant's party affiliation. The applicant may 5572
also request that a member of the applicant's family, as listed in 5573
section 3509.05 of the Revised Code, deliver the absent voter's 5574
ballot to the applicant. The director, after establishing to the 5575
director's satisfaction the validity of the circumstances claimed 5576
by the applicant, shall supply an absent voter's ballot to be 5577
delivered to the applicant. When the applicant is in a hospital in 5578
the county where the applicant is a qualified elector and no 5579
request is made for a member of the family to deliver the ballot, 5580
the director shall arrange for the delivery of an absent voter's 5581
ballot to the applicant, and for its return to the office of the 5582
board, by two employees according to the procedures prescribed in 5583
division (A) of this section. When the applicant is in a hospital 5584
outside the county where the applicant is a qualified elector and 5585
no request is made for a member of the family to deliver the 5586
ballot, the director shall arrange for the delivery of an absent 5587
voter's ballot to the applicant by mail, and the ballot shall be 5588
returned to the office of the board in the manner prescribed in 5589
section 3509.05 of the Revised Code. 5590

       (2) Any qualified elector who is eligible to vote under 5591
division (B) or (C) of section 3503.16 of the Revised Code but is 5592
unable to do so because of the circumstances described in division 5593
(B)(1) of this section may vote in accordance with division (B)(1) 5594
of this section if that qualified elector states in the 5595
application for absent voter's ballots that that qualified elector 5596
moved or had a change of name under the circumstances described in 5597
division (B) or (C) of section 3503.16 of the Revised Code and if 5598
that qualified elector complies with divisions (G)(1) to (4) of 5599
section 3503.16 of the Revised Code. 5600

       (C)Any qualified elector described in division (A) or (B)(1) 5601
of this section who needs no assistance to vote or to return 5602
absent voter's ballots to the board of elections may apply for 5603
absent voter's ballots under section 3509.03 of the Revised Code 5604
instead of applying for them under this section. 5605

       Sec. 3509.09. (A) The poll list or signature pollbook for 5606
each precinct shall identify both of the following: 5607

        (1) Each registered elector in that precinct who has 5608
requested an absent voter's ballot for that election; 5609

        (2) Each registered elector in that precinct who has returned 5610
a sealed identification envelope purporting to contain the 5611
elector's voted absent voter's ballot for that election to the 5612
director of the board of elections of that county. 5613

        (B)(1) If a registered elector appears to vote in that 5614
precinct and that elector has requested an absent voter's ballot 5615
for that election but the director has not received a sealed 5616
identification envelope purporting to contain that elector's voted 5617
absent voter's ballots for that election, the elector shall be 5618
permitted to cast a provisional ballot under section 3505.181 of 5619
the Revised Code in that precinct on the day of that election. 5620

        (2) If a registered elector appears to vote in that precinct 5621
and that elector has requested an absent voter's ballot for that 5622
election and the director has received a sealed identification 5623
envelope purporting to contain that elector's voted absent voter's 5624
ballots for that election, the elector shall be permitted to cast 5625
a provisional ballot under section 3505.181 of the Revised Code in 5626
that precinct on the day of that election. 5627

        (C) In counting absent voter's ballots under section 3509.06 5628
of the Revised Code, the board of elections or the precinct 5629
election officials shall compare the poll list or the signature 5630
pollbook for each precinct with the name of each elector in that 5631
precinct from whom the director has received a sealed 5632
identification envelope purporting to contain that elector's voted 5633
absent voter's ballots for that election. If the board of 5634
elections determines that an elector who cast a ballot or a 5635
provisional ballot in the precinct on the day of the election also 5636
returned a sealed identification envelope for that election, the 5637
ballot or provisional ballot cast in the precinct on the day of 5638
the election shall be counted. The identification envelope of that 5639
elector shall not be opened and the ballots within that envelope 5640
shall not be counted. The identification envelope shall be 5641
endorsed "Not Counted" with the reason the ballot was not counted. 5642

       Sec. 3511.02. ~~Any~~Notwithstanding any section of the Revised 5643
Code to the contrary ~~notwithstanding~~, whenever any person applies 5644
for registration as a voter on a form adopted in accordance with 5645
federal regulations relating to the "Uniformed and Overseas 5646
Citizens Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff 5647
(1986), this application shall be sufficient for voter 5648
registration and as a request for an ~~absentee~~absent voter's 5649
ballot. Armed service absent voter's ballots may be obtained by 5650
any person meeting the requirements of section 3511.01 of the 5651
Revised Code by applying to the director of the board of elections 5652
of the county in which the person's voting residence is located, 5653
in one of the following ways: 5654

       (A) That person may make written application for such 5655
ballots. The person may personally deliver the application to the 5656
director or may mail, send it by facsimile machine, or otherwise 5657
send it to the director. The application need not be in any 5658
particular form but shall contain the applicant's signature. The 5659
application need only contain words that, liberally construed, 5660
indicate the request for ballots; the election for which ~~such~~ 5661
ballots are requested, and, if the request is for primary election 5662
ballots, the person's party affiliation; that the person is 5663
serving in the armed forces of the United States or is the spouse 5664
or dependent of a person serving in the armed forces of the United 5665
States; and the length of residence in the state immediately 5666
preceding the commencement of service, or immediately preceding 5667
the date of leaving to be with or near the service member, as the 5668
case may be, and sufficient information to enable the director to 5669
determine the precinct in which the residence is located. If the 5670
person desires that ~~such~~the ballots be mailed to the person, the 5671
application shall state the address to which they shall be mailed. 5672
If the person desires that ~~such~~the ballots be sent to the person 5673
by facsimile machine, the application shall state the telephone 5674
number to which they shall be so sent. 5675

       A voter or any relative of a voter listed in division (B) of 5676
this section may use a single federal post card application to 5677
apply for armed service absent voter's ballots for use at the 5678
primary and general elections in a given year and any special 5679
election to be held on the day in that year ~~specified by division~~ 5680
~~(E) of section 3501.01 of the Revised Code for the holding~~ of a 5681
primary election, designated by the general assembly for the 5682
purpose of submitting constitutional amendments proposed by the 5683
general assembly to the voters of the state. ~~Such an~~A single 5684
federal post card application shall be processed by the board of 5685
elections pursuant to section 3511.04 of the Revised Code the same 5686
as if the voter had applied separately for armed service absent 5687
voter's ballots for each election. 5688

       (B) Application to have ~~such~~armed service absent voter's 5689
ballots mailed or sent by facsimile machine to ~~such~~a person may 5690
be made by the spouse when the person is a service member, or by 5691
the father, mother, father-in-law, mother-in-law, grandfather, 5692
grandmother, brother or sister of the whole blood or half blood, 5693
son, daughter, adopting parent, adopted child, stepparent, 5694
stepchild, uncle, aunt, nephew, or niece of ~~such~~a person. ~~Such~~ 5695
The application shall be in writing upon a blank form furnished 5696
only by the director or on a single federal post card as provided 5697
in division (A) of this section. The form of ~~such~~the application 5698
shall be prescribed by the secretary of state. The director shall 5699
furnish such a blank form to any of the relatives specified in 5700
this ~~section,~~division desiring to make such an application, only 5701
upon the request of such a relative made in person at the office 5702
of the board or upon the written request of such a relative mailed 5703
to the office of the board. ~~Such~~The application, subscribed and 5704
sworn to by such an applicant, shall contain all of the following: 5705

       (1) ~~Full~~The full name of the person for whom ballots are 5706
requested; 5707

       (2) ~~Statement~~A statement that ~~such~~that person is serving in 5708
the armed forces of the United States or that ~~such~~that person is 5709
a spouse or dependent of a person serving in the armed forces of 5710
the United States who resides outside this state for the purpose 5711
of being with or near such a service member; 5712

       (3) ~~Statement~~A statement that ~~such~~that person has a 5713
residence in the county, and information as to the precinct in 5714
which it is located and length of residence in the state 5715
immediately preceding the commencement of service, or immediately 5716
preceding the date of leaving to be with or near a service member, 5717
as the case may be; 5718

       (4) ~~Statement~~A statement that the applicant bears a 5719
relationship to ~~such~~that person as specified in this section; 5720

       (5) ~~Election~~The election for which ballots are requested, 5721
and, if for a primary election, the party affiliation of persons 5722
for whom ballots are requested; 5723

       (6) ~~Address~~The address to which ballots shall be mailed or 5724
the telephone number to which ballots shall be sent by facsimile 5725
machine; 5726

       (7) ~~Signature~~The signature and address of the person making 5727
the application. 5728

       Each application for armed service absent voter's ballots 5729
shall be delivered to the director not earlier than the first day 5730
of January of the year of the elections for which the ~~armed~~ 5731
~~service absent voter's~~ ballots are requested or not earlier than 5732
ninety days before the day of the election at which the ballots 5733
are to be voted, whichever is earlier, and not later than twelve 5734
noon of the third day preceding the day of the election, or not 5735
later than the close of regular business hours on the day before 5736
the day of the election at which ~~such~~the ballots are to be voted 5737
if the application is delivered in person to the office of the 5738
board. 5739

       (C) If the voter for whom the application is made is entitled 5740
to vote for presidential and vice-presidential electors only, the 5741
applicant shall submit to the director, in addition to the 5742
requirements of divisions (A) and (B) of this section, a statement 5743
to the effect that the voter is qualified to vote for presidential 5744
and vice-presidential electors and for no other offices. 5745

       Sec. 3511.04. ~~No later than the twenty-fifth day before the~~ 5746
~~day of each presidential primary election and not~~Not later than 5747
the thirty-fifth day before the day of each general or ~~other~~ 5748
primary election, and at the earliest possible time before the day 5749
of a special election held on a day other than the day on which a 5750
general or primary election is held, the director of the board of 5751
elections shall mail or send by facsimile machine armed service 5752
absent voter's ballots then ready for use as provided for in 5753
section 3511.03 of the Revised Code and for which the director has 5754
received valid applications prior to such time. Thereafter, and 5755
until twelve noon of the third day preceding the day of election, 5756
the director shall promptly, upon receipt of valid applications 5757
~~therefor~~for them, mail or send by facsimile machine to the proper 5758
persons all armed service absent voter's ballots then ready for 5759
use. 5760

       If, after the sixtieth day before the day of a general or 5761
primary election, any other question, issue, or candidacy is 5762
lawfully ordered submitted to the electors voting at ~~such~~the 5763
general or primary election, the board shall promptly provide a 5764
separate official issue, special election, or other election 5765
ballot for submitting ~~such~~the question, issue, or candidacy to 5766
~~such~~those electors, and the director shall promptly mail or send 5767
by facsimile machine each such separate ballot to each person to 5768
whom the director has previously mailed or sent by facsimile 5769
machine other armed service absent voter's ballots. 5770

       In mailing armed service absent voter's ballots, the director 5771
shall use the fastest mail service available, but the director 5772
shall not mail them by certified mail. 5773

       Sec. 3511.09. Upon receiving armed service absent voter's 5774
ballots, the elector shall cause the questions on the face of the 5775
identification envelope to be answered, and, by writing the 5776
elector's usual signature in the proper place on the 5777
identification envelope, the elector shall declare under penalty 5778
of election falsification that the answers to those questions are 5779
true and correct to the best of the elector's knowledge and 5780
belief. Then, the elector shall note whether there are any voting 5781
marks on the ballot. If there are any voting marks, the ballot 5782
shall be returned immediately to the board of elections; 5783
otherwise, the elector shall cause the ballot to be marked, folded 5784
separately so as to conceal the markings on it, deposited in the 5785
identification envelope, and securely sealed in the identification 5786
envelope. The elector then shall cause the identification envelope 5787
to be placed within the return envelope, sealed in the return 5788
envelope, and mailed to the director of the board of elections to 5789
whom it is addressed. If the elector does not provide the 5790
elector's driver's license number or the last four digits of the 5791
elector's social security number on the statement of voter on the 5792
identification envelope, the elector also shall include in the 5793
return envelope with the identification envelope a copy of the 5794
elector's current valid photo identification or a copy of a 5795
current utility bill, bank statement, government check, paycheck, 5796
or other government document that shows the name and address of 5797
the elector. Each elector who will be outside the United States on 5798
the day of the election shall check the box on the return envelope 5799
indicating this fact and shall mail the return envelope to the 5800
director prior to the close of the polls on election day. 5801

       Every armed services absent voter's ballot identification 5802
envelope shall be accompanied by the following statement in 5803
boldface capital letters: WHOEVER COMMITS ELECTION FALSIFICATION 5804
IS GUILTY OF A FELONY OF THE FIFTH DEGREE. 5805

       Sec. 3511.11. (A) Upon receipt of any return envelope 5806
bearing the designation "Official Election Armed Service Absent 5807
Voter's Ballot" ~~prior to the twenty-first day after the day of a~~ 5808
~~presidential primary election or~~ prior to the eleventh day after 5809
the day of any ~~other~~ election, the director of the board of 5810
elections shall open it but shall not open the identification 5811
envelope contained in it. If, upon so opening the return envelope, 5812
the director finds ballots in it that are not enclosed in and 5813
properly sealed in the identification envelope, the director shall 5814
not look at the markings upon the ballots and shall promptly place 5815
them in the identification envelope and promptly seal it. If, upon 5816
so opening the return envelope, the director finds that ballots 5817
are enclosed in the identification envelope but that it is not 5818
properly sealed, the director shall not look at the markings upon 5819
the ballots and shall promptly seal the identification envelope. 5820

       (B) Armed service absent voter's ballots delivered to the 5821
director not later than the close of the polls on election day 5822
shall be counted in the manner provided in section 3509.06 of the 5823
Revised Code. 5824

       (C) A return envelope that indicates that the voter will be 5825
outside of the United States on the day of an election is not 5826
required to be postmarked in order for an armed service absent 5827
voter's ballot contained in it to be valid. Except as otherwise 5828
provided in this division, whether or not the return envelope 5829
containing the ballot is postmarked or contains an illegible 5830
postmark, an armed service absent voter's ballot that is received 5831
after the close of the polls on election day through the tenth day 5832
after the election day ~~or, if the election was a presidential~~ 5833
~~primary election, through the twentieth day after the election~~ 5834
~~day,~~ and that is delivered in a return envelope that indicates 5835
that the voter will be outside the United States on the day of the 5836
election shall be counted on the eleventh day after the election 5837
day ~~or, if the election was a presidential primary election, on~~ 5838
~~the twenty-first day after the election day,~~ at the office of the 5839
board of elections in the manner provided in divisions (C) and (D) 5840
of section 3509.06 of the Revised Code. However, if a return 5841
envelope containing an armed service absent voter's ballot is so 5842
received and so indicates, but it is postmarked, or the 5843
identification envelope in it is signed, after the close of the 5844
polls on election day, the armed service absent voter's ballot 5845
shall not be counted. 5846

       (D) Armed service absent voter's ballots contained in return 5847
envelopes that bear the designation "Official Election Armed 5848
Service Absent Voter's Ballots," that are received by the director 5849
after the close of the polls on the day of the election, and that 5850
do not indicate they are from voters who will be outside the 5851
United States on the day of the election, armed service absent 5852
voter's ballots contained in return envelopes that bear that 5853
designation, that indicate that the voter will be outside the 5854
United States on the day of the election, and that either are 5855
postmarked, or contain an identification envelope that is signed, 5856
after the close of the polls on the day of election, and armed 5857
service absent voter's ballots contained in return envelopes that 5858
bear that designation, that so indicate, and that are received 5859
after the tenth day following the election ~~or, if the election was~~ 5860
~~a presidential primary election, after the twentieth day following~~ 5861
~~the election,~~ shall not be counted, but shall be preserved in 5862
their identification envelopes unopened until the time provided by 5863
section 3505.31 of the Revised Code for the destruction of all 5864
other ballots used at the election for which ballots were 5865
provided, at which time they shall be destroyed. 5866

       Sec. 3511.13. (A) The poll list or signature pollbook for 5867
each precinct shall identify both of the following: 5868

        (1) Each registered elector in that precinct who has 5869
requested an armed services absent voter's ballot for that 5870
election; 5871

        (2) Each registered elector in that precinct who has returned 5872
a sealed identification envelope purporting to contain the 5873
elector's voted armed services absent voter's ballot for that 5874
election to the director of the board of elections of that county. 5875

        (B)(1) If a registered elector appears to vote in that 5876
precinct and that elector has requested an armed services absent 5877
voter's ballot for that election but the director has not received 5878
a sealed identification envelope purporting to contain that 5879
elector's voted armed services absent voter's ballots for that 5880
election, the elector shall be permitted to cast a provisional 5881
ballot under section 3505.181 of the Revised Code in that precinct 5882
on the day of that election. 5883

        (2) If a registered elector appears to vote in that precinct 5884
and that elector has requested an armed services absent voter's 5885
ballot for that election and the director has received a sealed 5886
identification envelope purporting to contain that elector's voted 5887
armed services absent voter's ballots for that election, the 5888
elector shall be permitted to cast a provisional ballot under 5889
section 3505.181 of the Revised Code in that precinct on the day 5890
of that election. 5891

        (C) In counting armed services absent voter's ballots under 5892
section 3511.11 of the Revised Code, the board of elections or the 5893
precinct election officials shall compare the poll list or the 5894
signature pollbook for each precinct with the name of each elector 5895
in that precinct from whom the director has received a sealed 5896
identification envelope purporting to contain that elector's voted 5897
armed services absent voter's ballots for that election. If the 5898
board of elections determines that an elector who cast a ballot or 5899
a provisional ballot in the precinct on the day of the election 5900
also returned a sealed identification envelope for that election, 5901
the ballot or provisional ballot cast in the precinct on the day 5902
of the election shall be counted. The identification envelope of 5903
that elector shall not be opened and the ballots within that 5904
envelope shall not be counted. The identification envelope shall 5905
be endorsed "Not Counted" with the reason the ballot was not 5906
counted. 5907

       Sec. 3513.01. (A) Except as otherwise provided in this 5908
section, ~~on the first Tuesday after the first Monday in March of~~ 5909
~~2000 and every fourth year thereafter, and~~ on the first Tuesday 5910
after the first Monday in May of every other year, primary 5911
elections shall be held for the purpose of nominating persons as 5912
candidates of political parties for election to offices to be 5913
voted for at the succeeding general election. 5914

       (B) The manner of nominating persons as candidates for 5915
election as officers of a municipal corporation having a 5916
population of two thousand or more, as ascertained by the most 5917
recent federal census, shall be the same as the manner in which 5918
candidates were nominated for election as officers in the 5919
municipal corporation in 1989 unless the manner of nominating such 5920
candidates is changed under division (C), (D), or (E) of this 5921
section. 5922

       (C) Primary elections shall not be held for the nomination of 5923
candidates for election as officers of any township, or any 5924
municipal corporation having a population of less than two 5925
thousand, unless a majority of the electors of any such township 5926
or municipal corporation, as determined by the total number of 5927
votes cast in such township or municipal corporation for the 5928
office of governor at the most recent regular state election, 5929
files with the board of elections of the county within which such 5930
township or municipal corporation is located, or within which the 5931
major portion of the population thereof is located, if the 5932
municipal corporation is situated in more than one county, not 5933
later than one hundred five days before the day of a primary 5934
election, a petition signed by such electors asking that 5935
candidates for election as officers of such township or municipal 5936
corporation be nominated as candidates of political parties, in 5937
which event primary elections shall be held in such township or 5938
municipal corporation for the purpose of nominating persons as 5939
candidates of political parties for election as officers of such 5940
township or municipal corporation to be voted for at the 5941
succeeding regular municipal election. In a township or municipal 5942
corporation where a majority of the electors have filed a petition 5943
asking that candidates for election as officers of the township or 5944
municipal corporation be nominated as candidates of political 5945
parties, the nomination of candidates for a nonpartisan election 5946
may be reestablished in the manner prescribed in division (E) of 5947
this section. 5948

       (D)(1) The electors in a municipal corporation having a 5949
population of two thousand or more, in which municipal officers 5950
were nominated in the most recent election by nominating petition 5951
and elected by nonpartisan election, may place on the ballot in 5952
the manner prescribed in division (D)(2) of this section the 5953
question of changing to the primary-election method of nominating 5954
persons as candidates for election as officers of the municipal 5955
corporation. 5956

       (2) The board of elections of the county within which the 5957
municipal corporation is located, or, if the municipal corporation 5958
is located in more than one county, of the county within which the 5959
major portion of the population of the municipal corporation is 5960
located, shall, upon receipt of a petition signed by electors of 5961
the municipal corporation equal in number to at least ten per cent 5962
of the vote cast at the most recent regular municipal election, 5963
submit to the electors of the municipal corporation the question 5964
of changing to the primary-election method of nominating persons 5965
as candidates for election as officers of the municipal 5966
corporation. The ballot language shall be substantially as 5967
follows: 5968

       "Shall candidates for election as officers of ............ 5969
(name of municipal corporation) in the county of ............ 5970
(name of county) be nominated as candidates of political parties? 5971

........ yes 5972

........ no" 5973

       The question shall be placed on the ballot at the next 5974
general election in an even-numbered year occurring at least 5975
seventy-five days after the petition is filed with the board. If a 5976
majority of the electors voting on the question vote in the 5977
affirmative, candidates for election as officers of the municipal 5978
corporation shall thereafter be nominated as candidates of 5979
political parties in primary elections, under division (A) of this 5980
section, unless a change in the manner of nominating persons as 5981
candidates for election as officers of the municipal corporation 5982
is made under division (E) of this section. 5983

       (E)(1) The electors in a township or municipal corporation in 5984
which the township or municipal officers are nominated as 5985
candidates of political parties in a primary election may place on 5986
the ballot, in the manner prescribed in division (E)(2) of this 5987
section, the question of changing to the nonpartisan method of 5988
nominating persons as candidates for election as officers of the 5989
township or municipal corporation. 5990

       (2) The board of elections of the county within which the 5991
township or municipal corporation is located, or, if the municipal 5992
corporation is located in more than one county, of the county 5993
within which the major portion of the population of the municipal 5994
corporation is located, shall, upon receipt of a petition signed 5995
by electors of the township or municipal corporation equal in 5996
number to at least ten per cent of the vote cast at the most 5997
recent regular township or municipal election, as appropriate, 5998
submit to the electors of the township or municipal corporation, 5999
as appropriate, the question of changing to the nonpartisan method 6000
of nominating persons as candidates for election as officers of 6001
the township or municipal corporation. The ballot language shall 6002
be substantially as follows: 6003

       "Shall candidates for election as officers of ............ 6004
(name of the township or municipal corporation) in the county of 6005
............ (name of county) be nominated as candidates by 6006
nominating petition and be elected only in a nonpartisan election? 6007

........ yes 6008

........ no" 6009

       The question shall appear on the ballot at the next general 6010
election in an even-numbered year occurring at least seventy-five 6011
days after the petition is filed with the board. If a majority of 6012
electors voting on the question vote in the affirmative, 6013
candidates for ~~officer~~election as officers of the township or 6014
municipal corporation shall thereafter be nominated by nominating 6015
petition and be elected only in a nonpartisan election, unless a 6016
change in the manner of nominating persons as candidates for 6017
election as officers of the township or municipal corporation is 6018
made under division (C) or (D) of this section. 6019

       Sec. 3513.04. Candidates for party nominations to state, 6020
district, county, and municipal offices or positions, for which 6021
party nominations are provided by law, and for election as members 6022
of party controlling committees shall have their names printed on 6023
the official primary ballot by filing a declaration of candidacy 6024
and paying the fees specified for the office under divisions (A) 6025
and (B) of section 3513.10 of the Revised Code, except that the 6026
joint candidates for party nomination to the offices of governor 6027
and lieutenant governor shall, for the two of them, file one 6028
declaration of candidacy. The joint candidates also shall pay the 6029
fees specified for the joint candidates under divisions (A) and 6030
(B) of section 3513.10 of the Revised Code. 6031

       The secretary of state shall not accept for filing the 6032
declaration of candidacy of a candidate for party nomination to 6033
the office of governor unless the declaration of candidacy also 6034
shows a joint candidate for the same party's nomination to the 6035
office of lieutenant governor, shall not accept for filing the 6036
declaration of candidacy of a candidate for party nomination to 6037
the office of lieutenant governor unless the declaration of 6038
candidacy also shows a joint candidate for the same party's 6039
nomination to the office of governor, and shall not accept for 6040
filing a declaration of candidacy that shows a candidate for party 6041
nomination to the office of governor or lieutenant governor who, 6042
for the same election, has already filed a declaration of 6043
candidacy or a declaration of intent to be a write-in candidate, 6044
or has become a candidate by the filling of a vacancy under 6045
section 3513.30 of the Revised Code for any other state office or 6046
any federal or county office. 6047

       No person who seeks party nomination for an office or 6048
position at a primary election by declaration of candidacy or by 6049
declaration of intent to be a write-in candidate and no person who 6050
is a first choice for president of candidates seeking election as 6051
delegates and alternates to the national conventions of the 6052
different major political parties who are chosen by direct vote of 6053
the electors as provided in this chapter shall be permitted to 6054
become a candidate by nominating petition or by declaration of 6055
intent to be a write-in candidate at the following general 6056
election for any office other than the office of member of the 6057
state board of education, office of member of a city, local, or 6058
exempted village board of education, office of member of a 6059
governing board of an educational service center, or office of 6060
township trustee. 6061

       Sec. 3513.041. A write-in space shall be provided on the 6062
ballot for every office, except in an election for which the board 6063
of elections has received no valid declarations of intent to be a 6064
write-in candidate under this section. Write-in votes shall not be 6065
counted for any candidate who has not filed a declaration of 6066
intent to be a write-in candidate pursuant to this section. A 6067
qualified person who has filed a declaration of intent may receive 6068
write-in votes at either a primary or general election. Any 6069
candidate~~, except one whose candidacy is to be submitted to~~ 6070
~~electors throughout the entire state,~~ shall file a declaration of 6071
intent to be a write-in candidate before four p.m. of the fiftieth 6072
day preceding the election at which such candidacy is to be 6073
considered. If the election is to be determined by electors of a 6074
county or a district or subdivision within the county, such 6075
declaration shall be filed with the board of elections of that 6076
county. If the election is to be determined by electors of a 6077
subdivision located in more than one county, such declaration 6078
shall be filed with the board of elections of the county in which 6079
the major portion of the population of such subdivision is 6080
located. If the election is to be determined by electors of a 6081
district comprised of more than one county but less than all of 6082
the counties of the state, such declaration shall be filed with 6083
the board of elections of the most populous county in such 6084
district. Any candidate for an office to be voted upon by electors 6085
throughout the entire state shall file a declaration of intent to 6086
be a write-in candidate with the secretary of state before four 6087
p.m. of the fiftieth day preceding the election at which such 6088
candidacy is to be considered. In addition, candidates for 6089
president and vice-president of the United States shall also file 6090
with the secretary of state by said fiftieth day a slate of 6091
presidential electors sufficient in number to satisfy the 6092
requirements of the United States constitution. 6093

       A board of elections shall not accept for filing the 6094
declaration of intent to be a write-in candidate of a person 6095
seeking to become a candidate if that person, for the same 6096
election, has already filed a declaration of candidacy, a 6097
declaration of intent to be a write-in candidate, or a nominating 6098
petition, or has become a candidate through party nomination at a 6099
primary election or by the filling of a vacancy under section 6100
3513.30 or 3513.31 of the Revised Code, for any federal, state, or 6101
county office, if the declaration of intent to be a write-in 6102
candidate is for a state or county office, or for any municipal or 6103
township office, for member of a city, local, or exempted village 6104
board of education, or for member of a governing board of an 6105
educational service center, if the declaration of intent to be a 6106
write-in candidate is for a municipal or township office, or for 6107
member of a city, local, or exempted village board of education, 6108
or for member of a governing board of an educational service 6109
center. 6110

       No person shall file a declaration of intent to be a write-in 6111
candidate for the office of governor unless the declaration also 6112
shows the intent of another person to be a write-in candidate for 6113
the office of lieutenant governor. No person shall file a 6114
declaration of intent to be a write-in candidate for the office of 6115
lieutenant governor unless the declaration also shows the intent 6116
of another person to be a write-in candidate for the office of 6117
governor. No person shall file a declaration of intent to be a 6118
write-in candidate for the office of governor or lieutenant 6119
governor if the person has previously filed a declaration of 6120
intent to be a write-in candidate to the office of governor or 6121
lieutenant governor at the same primary or general election. A 6122
write-in vote for the two candidates who file such a declaration 6123
shall be counted as a vote for them as joint candidates for the 6124
offices of governor and lieutenant governor. 6125

       The secretary of state shall not accept for filing the 6126
declaration of intent to be a write-in candidate of a person for 6127
the office of governor unless the declaration also shows the 6128
intent of another person to be a write-in candidate for the office 6129
of lieutenant governor, shall not accept for filing the 6130
declaration of intent to be a write-in candidate of a person for 6131
the office of lieutenant governor unless the declaration also 6132
shows the intent of another person to be a write-in candidate for 6133
the office of governor, and shall not accept for filing the 6134
declaration of intent to be a write-in candidate of a person to 6135
the office of governor or lieutenant governor if that person, for 6136
the same election, has already filed a declaration of candidacy, a 6137
declaration of intent to be a write-in candidate, or a nominating 6138
petition, or has become a candidate through party nomination at a 6139
primary election or by the filling of a vacancy under section 6140
3513.30 or 3513.31 of the Revised Code, for any other state office 6141
or any federal or county office. 6142

       Protests against the candidacy of any person filing a 6143
declaration of intent to be a write-in candidate may be filed by 6144
any qualified elector who is eligible to vote in the election at 6145
which the candidacy is to be considered. The protest shall be in 6146
writing and shall be filed not later than four p.m. of the 6147
forty-fifth day before the day of the election. The protest shall 6148
be filed with the board of elections with which the declaration of 6149
intent to be a write-in candidate was filed. Upon the filing of 6150
the protest, the board with which it is filed shall promptly fix 6151
the time for hearing it and shall proceed in regard to the hearing 6152
in the same manner as for hearings set for protests filed under 6153
section 3513.05 of the Revised Code. At the time fixed, the board 6154
shall hear the protest and determine the validity or invalidity of 6155
the declaration of intent to be a write-in candidate. If the board 6156
finds that the candidate is not an elector of the state, district, 6157
county, or political subdivision in which the candidate seeks 6158
election to office or has not fully complied with the requirements 6159
of Title XXXV of the Revised Code in regard to the candidate's 6160
candidacy, the candidate's declaration of intent to be a write-in 6161
candidate shall be determined to be invalid and shall be rejected; 6162
otherwise, it shall be determined to be valid. The determination 6163
of the board is final. 6164

       The secretary of state shall prescribe the form of the 6165
declaration of intent to be a write-in candidate. 6166

       Sec. 3513.05. Each person desiring to become a candidate for 6167
a party nomination or for election to an office or position to be 6168
voted for at a primary election, except persons desiring to become 6169
joint candidates for the offices of governor and lieutenant 6170
governor and except as otherwise provided in section 3513.051 of 6171
the Revised Code, shall, not later than four p.m. of the 6172
seventy-fifth day before the day of the primary election, ~~or if~~ 6173
~~the primary election is a presidential primary election, not later~~ 6174
~~than four p.m. of the sixtieth day before the day of the~~ 6175
~~presidential primary election,~~ file a declaration of candidacy and 6176
petition and pay the fees required under divisions (A) and (B) of 6177
section 3513.10 of the Revised Code. The declaration of candidacy 6178
and all separate petition papers shall be filed at the same time 6179
as one instrument. When the offices are to be voted for at a 6180
primary election, persons desiring to become joint candidates for 6181
the offices of governor and lieutenant governor shall, not later 6182
than four p.m. of the seventy-fifth day before the day of the 6183
primary election, comply with section 3513.04 of the Revised Code. 6184
The prospective joint candidates' declaration of candidacy and all 6185
separate petition papers of candidacies shall be filed at the same 6186
time as one instrument. The secretary of state or a board of 6187
elections shall not accept for filing a declaration of candidacy 6188
and petition of a person seeking to become a candidate if that 6189
person, for the same election, has already filed a declaration of 6190
candidacy or a declaration of intent to be a write-in candidate, 6191
or has become a candidate by the filling of a vacancy under 6192
section 3513.30 of the Revised Code for any federal, state, or 6193
county office, if the declaration of candidacy is for a state or 6194
county office, or for any municipal or township office, if the 6195
declaration of candidacy is for a municipal or township office. 6196

       If the declaration of candidacy declares a candidacy which is 6197
to be submitted to electors throughout the entire state, the 6198
petition, including a petition for joint candidates for the 6199
offices of governor and lieutenant governor, shall be signed by at 6200
least one thousand qualified electors who are members of the same 6201
political party as the candidate or joint candidates, and the 6202
declaration of candidacy and petition shall be filed with the 6203
secretary of state; provided that the secretary of state shall not 6204
accept or file any such petition appearing on its face to contain 6205
signatures of more than three thousand electors. 6206

       Except as otherwise provided in this paragraph, if the 6207
declaration of candidacy is of one that is to be submitted only to 6208
electors within a district, political subdivision, or portion 6209
thereof, the petition shall be signed by not less than fifty 6210
qualified electors who are members of the same political party as 6211
the political party of which the candidate is a member. If the 6212
declaration of candidacy is for party nomination as a candidate 6213
for member of the legislative authority of a municipal corporation 6214
elected by ward, the petition shall be signed by not less than 6215
twenty-five qualified electors who are members of the political 6216
party of which the candidate is a member. 6217

       No such petition, except the petition for a candidacy that is 6218
to be submitted to electors throughout the entire state, shall be 6219
accepted for filing if it appears to contain on its face 6220
signatures of more than three times the minimum number of 6221
signatures. When a petition of a candidate has been accepted for 6222
filing by a board of elections, the petition shall not be deemed 6223
invalid if, upon verification of signatures contained in the 6224
petition, the board of elections finds the number of signatures 6225
accepted exceeds three times the minimum number of signatures 6226
required. A board of elections may discontinue verifying 6227
signatures on petitions when the number of verified signatures 6228
equals the minimum required number of qualified signatures. 6229

       If the declaration of candidacy declares a candidacy for 6230
party nomination or for election as a candidate of an intermediate 6231
or minor party, the minimum number of signatures on such petition 6232
is one-half the minimum number provided in this section, except 6233
that, when the candidacy is one for election as a member of the 6234
state central committee or the county central committee of a 6235
political party, the minimum number shall be the same for an 6236
intermediate or minor party as for a major party. 6237

       If a declaration of candidacy is one for election as a member 6238
of the state central committee or the county central committee of 6239
a political party, the petition shall be signed by five qualified 6240
electors of the district, county, ward, township, or precinct 6241
within which electors may vote for such candidate. The electors 6242
signing such petition shall be members of the same political party 6243
as the political party of which the candidate is a member. 6244

       For purposes of signing or circulating a petition of 6245
candidacy for party nomination or election, an elector is 6246
considered to be a member of a political party if the elector 6247
voted in that party's primary election within the preceding two 6248
calendar years, or if the elector did not vote in any other 6249
party's primary election within the preceding two calendar years. 6250

       If the declaration of candidacy is of one that is to be 6251
submitted only to electors within a county, or within a district 6252
or subdivision or part thereof smaller than a county, the petition 6253
shall be filed with the board of elections of the county. If the 6254
declaration of candidacy is of one that is to be submitted only to 6255
electors of a district or subdivision or part thereof that is 6256
situated in more than one county, the petition shall be filed with 6257
the board of elections of the county within which the major 6258
portion of the population thereof, as ascertained by the next 6259
preceding federal census, is located. 6260

       A petition shall consist of separate petition papers, each of 6261
which shall contain signatures of electors of only one county. 6262
Petitions or separate petition papers containing signatures of 6263
electors of more than one county shall not thereby be declared 6264
invalid. In case petitions or separate petition papers containing 6265
signatures of electors of more than one county are filed, the 6266
board shall determine the county from which the majority of 6267
signatures came, and only signatures from such county shall be 6268
counted. Signatures from any other county shall be invalid. 6269

       Each separate petition paper shall be circulated by one 6270
person only, who shall be the candidate or a joint candidate or a 6271
member of the same political party as the candidate or joint 6272
candidates, and each separate petition paper shall be governed by 6273
the rules set forth in section 3501.38 of the Revised Code. 6274

       The secretary of state shall promptly transmit to each board 6275
such separate petition papers of each petition accompanying a 6276
declaration of candidacy filed with the secretary of state as 6277
purport to contain signatures of electors of the county of such 6278
board. The board of the most populous county of a district shall 6279
promptly transmit to each board within such district such separate 6280
petition papers of each petition accompanying a declaration of 6281
candidacy filed with it as purport to contain signatures of 6282
electors of the county of each such board. The board of a county 6283
within which the major portion of the population of a subdivision, 6284
situated in more than one county, is located, shall promptly 6285
transmit to the board of each other county within which a portion 6286
of such subdivision is located such separate petition papers of 6287
each petition accompanying a declaration of candidacy filed with 6288
it as purport to contain signatures of electors of the portion of 6289
such subdivision in the county of each such board. 6290

       All petition papers so transmitted to a board and all 6291
petitions accompanying declarations of candidacy filed with ~~such~~a 6292
board shall, under proper regulations, be open to public 6293
inspection until four p.m. of the seventieth day before the day of 6294
the next primary election~~, or if that next primary election is a~~ 6295
~~presidential primary election, the fifty-fifth day before that~~ 6296
~~presidential primary election~~. Each board shall, not later than 6297
the sixty-eighth day before the day of ~~such~~that primary election, 6298
~~or if the primary election is a presidential primary election, not~~ 6299
~~later than the fifty-third day before such presidential primary~~ 6300
~~election,~~ examine and determine the validity or invalidity of the 6301
signatures on the petition papers so transmitted to or filed with 6302
it and shall return to the secretary of state all petition papers 6303
transmitted to it by the secretary of state, together with its 6304
certification of its determination as to the validity or 6305
invalidity of signatures thereon, and shall return to each other 6306
board all petition papers transmitted to it by such board, 6307
together with its certification of its determination as to the 6308
validity or invalidity of the signatures thereon. All other 6309
matters affecting the validity or invalidity of such petition 6310
papers shall be determined by the secretary of state or the board 6311
with whom such petition papers were filed. 6312

       Protests against the candidacy of any person filing a 6313
declaration of candidacy for party nomination or for election to 6314
an office or position, as provided in this section, may be filed 6315
by any qualified elector who is a member of the same political 6316
party as the candidate and who is eligible to vote at the primary 6317
election for the candidate whose declaration of candidacy the 6318
elector objects to, or by the controlling committee of ~~such~~that 6319
political party. ~~Such~~The protest ~~must~~shall be in writing, and 6320
~~must~~shall be filed not later than four p.m. of the sixty-fourth 6321
day before the day of the primary election~~, or if the primary~~ 6322
~~election is a presidential primary election, not later than four~~ 6323
~~p.m. of the forty-ninth day before the day of the presidential~~ 6324
~~primary election~~. ~~Such~~The protest shall be filed with the 6325
election officials with whom the declaration of candidacy and 6326
petition was filed. Upon the filing of ~~such~~the protest, the 6327
election officials with whom it is filed shall promptly fix the 6328
time for hearing it, and shall forthwith mail notice of the filing 6329
of ~~such~~the protest and the time fixed for hearing to the person 6330
whose candidacy is so protested. They shall also forthwith mail 6331
notice of the time fixed for such hearing to the person who filed 6332
the protest. At the time fixed, such election officials shall hear 6333
the protest and determine the validity or invalidity of the 6334
declaration of candidacy and petition. If they find that such 6335
candidate is not an elector of the state, district, county, or 6336
political subdivision in which the candidate seeks a party 6337
nomination or election to an office or position, or has not fully 6338
complied with this chapter, the candidate's declaration of 6339
candidacy and petition shall be determined to be invalid and shall 6340
be rejected,; otherwise, it shall be determined to be valid. ~~Such~~ 6341
That determination shall be final. 6342

       A protest against the candidacy of any persons filing a 6343
declaration of candidacy for joint party nomination to the offices 6344
of governor and lieutenant governor shall be filed, heard, and 6345
determined in the same manner as a protest against the candidacy 6346
of any person filing a declaration of candidacy singly. 6347

       The secretary of state shall, on the sixtieth day before the 6348
day of a primary election, ~~or if the primary election is a~~ 6349
~~presidential primary election, on the forty-fifth day before the~~ 6350
~~day of the presidential primary election,~~ certify to each board in 6351
the state the forms of the official ballots to be used at ~~such~~the 6352
primary election, together with the names of the candidates to be 6353
printed ~~thereon~~on the ballots whose nomination or election is to 6354
be determined by electors throughout the entire state and who 6355
filed valid declarations of candidacy and petitions. 6356

       The board of the most populous county in a district comprised 6357
of more than one county but less than all of the counties of the 6358
state shall, on the sixtieth day before the day of a primary 6359
election, ~~or if the primary election is a presidential primary~~ 6360
~~election, on the forty-fifth day before the day of a presidential~~ 6361
~~primary election,~~ certify to the board of each county in the 6362
district the names of the candidates to be printed on the official 6363
ballots to be used at ~~such~~the primary election, whose nomination 6364
or election is to be determined only by electors within ~~such~~the 6365
district and who filed valid declarations of candidacy and 6366
petitions. 6367

       The board of a county within which the major portion of the 6368
population of a subdivision smaller than the county and situated 6369
in more than one county is located shall, on the sixtieth day 6370
before the day of a primary election, ~~or if the primary election~~ 6371
~~is a presidential primary election, on the forty-fifth day before~~ 6372
~~the day of a presidential primary election,~~ certify to the board 6373
of each county in which a portion of ~~such~~that subdivision is 6374
located the names of the candidates to be printed on the official 6375
ballots to be used at ~~such~~the primary election, whose nomination 6376
or election is to be determined only by electors within ~~such~~that 6377
subdivision and who filed valid declarations of candidacy and 6378
petitions. 6379

       Sec. 3513.052. (A) No person shall seek nomination or 6380
election to any of the following offices or positions at the same 6381
election by filing a declaration of candidacy and petition, a 6382
declaration of intent to be a write-in candidate, or a nominating 6383
petition, or by becoming a candidate through party nomination in a 6384
primary election, or by the filling of a vacancy under section 6385
3513.30 or 3513.31 of the Revised Code: 6386

       (1) Two or more state offices; 6387

       (2) Two or more county offices; 6388

       (3) A state office and a county office; 6389

       (4) A federal office and a state or county office; 6390

       (5) Any combination of two or more municipal or township 6391
offices, positions as a member of a city, local, or exempted 6392
village board of education, or positions as a member of a 6393
governing board of an educational service center. 6394

       (B) The secretary of state or a board of elections shall not 6395
accept for filing a declaration of candidacy and petition, a 6396
declaration of intent to be a write-in candidate, or a nominating 6397
petition of a person seeking to become a candidate if that person, 6398
for the same election, has already filed a declaration of 6399
candidacy, a declaration of intent to be a write-in candidate, or 6400
a nominating petition, or has become a candidate through party 6401
nomination at a primary election or by the filling of a vacancy 6402
under section 3513.30 or 3513.31 of the Revised Code for: 6403

       (1) Any federal, state, or county office, if the declaration 6404
of candidacy, declaration of intent to be a write-in candidate, or 6405
nominating petition is for a state or county office; 6406

       (2) Any municipal or township office, or for member of a 6407
city, local, or exempted village board of education, or for member 6408
of a governing board of an educational service center, if the 6409
declaration of candidacy, declaration of intent to be a write-in 6410
candidate, or nominating petition is for a municipal or township 6411
office, or for member of a city, local, or exempted village board 6412
of education, or for member of a governing board of an educational 6413
service center. 6414

       (C)(1) If the secretary of state determines, before the day 6415
of the primary election, that a person is seeking nomination to 6416
more than one office at that election in violation of division (A) 6417
of this section, the secretary of state shall do one of the 6418
following: 6419

       (a) If each office or the district for each office for which 6420
the person is seeking nomination is wholly within a single county 6421
and none of those offices is a federal office, the secretary of 6422
state shall notify the board of elections of that county. The 6423
board then shall determine the date on which the person first 6424
sought to become a candidate for each of those offices by filing a 6425
declaration of candidacy or a declaration of intent to be a 6426
write-in candidate or by the filling of a vacancy under section 6427
3513.30 of the Revised Code. The board shall vote promptly to 6428
disqualify that person as a candidate for each office for which 6429
the person sought to become a candidate after the date on which 6430
the person first sought to become a candidate for any of those 6431
offices. If the board determines that the person sought to become 6432
a candidate for more than one of those offices on the same date, 6433
the board shall vote promptly to disqualify that person as a 6434
candidate for each office that would be listed on the ballot below 6435
the highest office for which that person seeks nomination, 6436
according to the ballot order prescribed under section 3505.03 of 6437
the Revised Code. 6438

       (b) If one or more of the offices for which the person is 6439
seeking nomination is a state office or an office with a district 6440
larger than a single county and none of the offices for which the 6441
person is seeking nomination is a federal office, the secretary of 6442
state shall determine the date on which the person first sought to 6443
become a candidate for each of those offices by filing a 6444
declaration of candidacy or a declaration of intent to be a 6445
write-in candidate or by the filling of a vacancy under section 6446
3513.30 of the Revised Code. The secretary of state shall order 6447
the board of elections of each county in which the person is 6448
seeking to appear on the ballot to disqualify that person as a 6449
candidate for each office for which the person sought to become a 6450
candidate after the date on which the person first sought to 6451
become a candidate for any of those offices. If the secretary of 6452
state determines that the person sought to become a candidate for 6453
more than one of those offices on the same date, the secretary of 6454
state shall order the board of elections of each county in which 6455
the person is seeking to appear on the ballot to disqualify that 6456
person as a candidate for each office that would be listed on the 6457
ballot below the highest office for which that person seeks 6458
nomination, according to the ballot order prescribed under section 6459
3505.03 of the Revised Code. Each board of elections so notified 6460
shall vote promptly to disqualify the person as a candidate in 6461
accordance with the order of the secretary of state. 6462

       (c) If each office or the district for each office for which 6463
the person is seeking nomination is wholly within a single county 6464
and any of those offices is a federal office, the secretary of 6465
state shall notify the board of elections of that county. The 6466
board then shall vote promptly to disqualify that person as a 6467
candidate for each office that is not a federal office. 6468

       (d) If one or more of the offices for which the person is 6469
seeking nomination is a state office and any of the offices for 6470
which the person is seeking nomination is a federal office, the 6471
secretary of state shall order the board of elections of each 6472
county in which the person is seeking to appear on the ballot to 6473
disqualify that person as a candidate for each office that is not 6474
a federal office. Each board of elections so notified shall vote 6475
promptly to disqualify the person as a candidate in accordance 6476
with the order of the secretary of state. 6477

       (2) If a board of elections determines, before the day of the 6478
primary election, that a person is seeking nomination to more than 6479
one office at that election in violation of division (A) of this 6480
section, the board shall do one of the following: 6481

       (a) If each office or the district for each office for which 6482
the person is seeking nomination is wholly within that county and 6483
none of those offices is a federal office, the board shall 6484
determine the date on which the person first sought to become a 6485
candidate for each of those offices by filing a declaration of 6486
candidacy or a declaration of intent to be a write-in candidate or 6487
by the filling of a vacancy under section 3513.30 of the Revised 6488
Code. The board shall vote promptly to disqualify that person as a 6489
candidate for each office for which the person sought to become a 6490
candidate after the date on which the person first sought to 6491
become a candidate for any of those offices. If the board 6492
determines that the person sought to become a candidate for more 6493
than one of those offices on the same date, the board shall vote 6494
promptly to disqualify that person as a candidate for each office 6495
that would be listed on the ballot below the highest office for 6496
which that person seeks nomination, according to the ballot order 6497
prescribed under section 3505.03 of the Revised Code. 6498

       (b) If one or more of the offices for which the person is 6499
seeking nomination is a state office or an office with a district 6500
larger than a single county and none of the offices for which the 6501
person is seeking nomination is a federal office, the board shall 6502
notify the secretary of state. The secretary of state then shall 6503
determine the date on which the person first sought to become a 6504
candidate for each of those offices by filing a declaration of 6505
candidacy or a declaration of intent to be a write-in candidate or 6506
by the filling of a vacancy under section 3513.30 of the Revised 6507
Code. The secretary of state shall order the board of elections of 6508
each county in which the person is seeking to appear on the ballot 6509
to disqualify that person as a candidate for each office for which 6510
the person sought to become a candidate after the date on which 6511
the person first sought to become a candidate for any of those 6512
offices. If the secretary of state determines that the person 6513
sought to become a candidate for more than one of those offices on 6514
the same date, the secretary of state shall order the board of 6515
elections of each county in which the person is seeking to appear 6516
on the ballot to disqualify that person as a candidate for each 6517
office that would be listed on the ballot below the highest office 6518
for which that person seeks nomination, according to the ballot 6519
order prescribed under section 3505.03 of the Revised Code. Each 6520
board of elections so notified shall vote promptly to disqualify 6521
the person as a candidate in accordance with the order of the 6522
secretary of state. 6523

       (c) If each office or the district for each office for which 6524
the person is seeking nomination is wholly within a single county 6525
and any of those offices is a federal office, the board shall vote 6526
promptly to disqualify that person as a candidate for each office 6527
that is not a federal office. 6528

       (d) If one or more of the offices for which the person is 6529
seeking nomination is a state office and any of the offices for 6530
which the person is seeking nomination is a federal office, the 6531
board shall notify the secretary of state. The secretary of state 6532
then shall order the board of elections of each county in which 6533
the person is seeking to appear on the ballot to disqualify that 6534
person as a candidate for each office that is not a federal 6535
office. Each board of elections so notified shall vote promptly to 6536
disqualify the person as a candidate in accordance with the order 6537
of the secretary of state. 6538

       (D)(1) If the secretary of state determines, after the day of 6539
the primary election and before the day of the general election, 6540
that a person is seeking election to more than one office at that 6541
election in violation of division (A) of this section, the 6542
secretary of state shall do one of the following: 6543

       (a) If each office or the district for each office for which 6544
the person is seeking election is wholly within a single county 6545
and none of those offices is a federal office, the secretary of 6546
state shall notify the board of elections of that county. The 6547
board then shall determine the offices for which the person seeks 6548
to appear as a candidate on the ballot. The board shall vote 6549
promptly to disqualify that person as a candidate for each office 6550
that would be listed on the ballot below the highest office for 6551
which that person seeks election, according to the ballot order 6552
prescribed under section 3505.03 of the Revised Code. If the 6553
person sought nomination at a primary election and has not yet 6554
been issued a certificate of nomination, the board shall not issue 6555
that certificate for that person for any office that would be 6556
listed on the ballot below the highest office for which that 6557
person seeks election, according to the ballot order prescribed 6558
under section 3505.03 of the Revised Code. 6559

       (b) If one or more of the offices for which the person is 6560
seeking election is a state office or an office with a district 6561
larger than a single county and none of the offices for which the 6562
person is seeking election is a federal office, the secretary of 6563
state shall promptly investigate and determine the offices for 6564
which the person seeks to appear as a candidate on the ballot. The 6565
secretary of state shall order the board of elections of each 6566
county in which the person is seeking to appear on the ballot to 6567
disqualify that person as a candidate for each office that would 6568
be listed on the ballot below the highest office for which that 6569
person seeks election, according to the ballot order prescribed 6570
under section 3505.03 of the Revised Code. Each board of elections 6571
so notified shall vote promptly to disqualify the person as a 6572
candidate in accordance with the order of the secretary of state. 6573
If the person sought nomination at a primary election and has not 6574
yet been issued a certificate of nomination, the board shall not 6575
issue that certificate for that person for any office that would 6576
be listed on the ballot below the highest office for which that 6577
person seeks election, according to the ballot order prescribed 6578
under section 3505.03 of the Revised Code. 6579

       (c) If each office or the district for each office for which 6580
the person is seeking election is wholly within a single county 6581
and any of those offices is a federal office, the secretary of 6582
state shall notify the board of elections of that county. The 6583
board then shall vote promptly to disqualify that person as a 6584
candidate for each office that is not a federal office. If the 6585
person sought nomination at a primary election and has not yet 6586
been issued a certificate of nomination, the board shall not issue 6587
that certificate for that person for any office that is not a 6588
federal office. 6589

       (d) If one or more of the offices for which the person is 6590
seeking election is a state office and any of the offices for 6591
which the person is seeking election is a federal office, the 6592
secretary of state shall order the board of elections of each 6593
county in which the person is seeking to appear on the ballot to 6594
disqualify that person as a candidate for each office that is not 6595
a federal office. Each board of elections so notified shall vote 6596
promptly to disqualify the person as a candidate in accordance 6597
with the order of the secretary of state. If the person sought 6598
nomination at a primary election and has not yet been issued a 6599
certificate of nomination, the board shall not issue that 6600
certificate for that person for any office that is not a federal 6601
office. 6602

       (2) If a board of elections determines, after the day of the 6603
primary election and before the day of the general election, that 6604
a person is seeking election to more than one office at that 6605
election in violation of division (A) of this section, the board 6606
of elections shall do one of the following: 6607

       (a) If each office or the district for each office for which 6608
the person is seeking election is wholly within that county and 6609
none of those offices is a federal office, the board shall 6610
determine the offices for which the person seeks to appear as a 6611
candidate on the ballot. The board shall vote promptly to 6612
disqualify that person as a candidate for each office that would 6613
be listed on the ballot below the highest office for which that 6614
person seeks election, according to the ballot order prescribed 6615
under section 3505.03 of the Revised Code. If the person sought 6616
nomination at a primary election and has not yet been issued a 6617
certificate of nomination, the board shall not issue that 6618
certificate for that person for any office that would be listed on 6619
the ballot below the highest office for which that person seeks 6620
election, according to the ballot order prescribed under section 6621
3505.03 of the Revised Code. 6622

       (b) If one or more of the offices for which the person is 6623
seeking election is a state office or an office with a district 6624
larger than a single county and none of the offices for which the 6625
person is seeking election is a federal office, the board shall 6626
notify the secretary of state. The secretary of state promptly 6627
shall investigate and determine the offices for which the person 6628
seeks to appear as a candidate on the ballot. The secretary of 6629
state shall order the board of elections of each county in which 6630
the person is seeking to appear on the ballot to disqualify that 6631
person as a candidate for each office that would be listed on the 6632
ballot below the highest office for which that person seeks 6633
election, according to the ballot order prescribed under section 6634
3505.03 of the Revised Code. Each board of elections so notified 6635
shall vote promptly to disqualify the person as a candidate in 6636
accordance with the order of the secretary of state. If the person 6637
sought nomination at a primary election and has not yet been 6638
issued a certificate of nomination, the board shall not issue that 6639
certificate for that person for any office that would be listed on 6640
the ballot below the highest office for which that person seeks 6641
election, according to the ballot order prescribed under section 6642
3505.03 of the Revised Code. 6643

       (c) If each office or the district for each office for which 6644
the person is seeking election is wholly within that county and 6645
any of those offices is a federal office, the board shall vote 6646
promptly to disqualify that person as a candidate for each office 6647
that is not a federal office. If the person sought nomination at a 6648
primary election and has not yet been issued a certificate of 6649
nomination, the board shall not issue that certificate for that 6650
person for any office that is not a federal office. 6651

       (d) If one or more of the offices for which the person is 6652
seeking election is a state office and any of the offices for 6653
which the person is seeking election is a federal office, the 6654
board shall notify the secretary of state. The secretary of state 6655
shall order the board of elections of each county in which the 6656
person is seeking to appear on the ballot to disqualify that 6657
person as a candidate for each office that is not a federal 6658
office. Each board of elections so notified shall vote promptly to 6659
disqualify the person as a candidate in accordance with the order 6660
of the secretary of state. If the person sought nomination at a 6661
primary election and has not yet been issued a certificate of 6662
nomination, the board shall not issue that certificate for that 6663
person for any office that is not a federal office. 6664

       (E) When a person is disqualified as a candidate under 6665
division (C) or (D) of this section~~, that person's name shall not~~ 6666
~~appear on the ballots~~on or before the sixtieth day before the day 6667
of the applicable election, the board of elections shall remove 6668
the person's name from the ballot for any office for which that 6669
person has been disqualified as a candidate~~. If the ballots have~~ 6670
~~already been prepared, the board of elections shall remove the~~ 6671
~~name of the disqualified candidate from the ballots to the extent~~ 6672
~~practicable in the time remaining before the election and~~ 6673
according to the directions of the secretary of state. When a 6674
person is disqualified as a candidate under division (C) or (D) of 6675
this section after the sixtieth day before the day of the 6676
applicable election, the board of elections shall not remove the 6677
person's name from the ballot for any office for which that person 6678
has been disqualified as a candidate. The board of elections shall 6679
post a notice at each polling location on the day of the 6680
applicable election, and shall enclose with each absent voter's 6681
ballot given or mailed after the candidate is disqualified, a 6682
notice that votes for the person for the office for which the 6683
person has been disqualified as a candidate will be void and will 6684
not be counted. If the name is not removed from the ballots before 6685
the day of the election, the votes for the disqualified candidate 6686
are void and shall not be counted. 6687

       (F) Any vacancy created by the disqualification of a person 6688
as a candidate under division (C) or (D) of this section may be 6689
filled in the manner provided for in sections 3513.30 and 3513.31 6690
of the Revised Code. 6691

       (G) Nothing in this section or section 3513.04, 3513.041, 6692
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257, 6693
3513.259, or 3513.261 of the Revised Code prohibits, and the 6694
secretary of state or a board of elections shall not disqualify, a 6695
person from being a candidate for an office, if that person timely 6696
withdraws as a candidate for any offices specified in division (A) 6697
of this section for which that person first sought to become a 6698
candidate by filing a declaration of candidacy and petition, a 6699
declaration of intent to be a write-in candidate, or a nominating 6700
petition, by party nomination in a primary election, or by the 6701
filling of a vacancy under section 3513.30 or 3513.31 of the 6702
Revised Code. 6703

       (H) As used in this section: 6704

       (1) "State office" means the offices of governor, lieutenant 6705
governor, secretary of state, auditor of state, treasurer of 6706
state, attorney general, member of the state board of education, 6707
member of the general assembly, chief justice of the supreme 6708
court, and justice of the supreme court. 6709

       (2) "Timely withdraws" means either of the following: 6710

       (a) Withdrawing as a candidate before the applicable deadline 6711
for filing a declaration of candidacy, declaration of intent to be 6712
a write-in candidate, or nominating petition for the subsequent 6713
office for which the person is seeking to become a candidate at 6714
the same election; 6715

       (b) Withdrawing as a candidate before the applicable deadline 6716
for the filling of a vacancy under section 3513.30 or 3513.31 of 6717
the Revised Code, if the person is seeking to become a candidate 6718
for a subsequent office at the same election under either of those 6719
sections. 6720

       Sec. 3513.12. At ~~a presidential~~the primary election~~, which~~ 6721
~~shall be~~ held on the first Tuesday after the first Monday in ~~March~~ 6722
May in the year ~~2000~~2008, and similarly in every fourth year 6723
thereafter, delegates and alternates to the national conventions 6724
of the different major political parties shall be chosen by direct 6725
vote of the electors as provided in this chapter. Candidates for 6726
delegate and alternate shall be qualified and the election shall 6727
be conducted in the manner prescribed in this chapter for the 6728
nomination of candidates for state and district offices, except as 6729
provided in section 3513.151 of the Revised Code and except that 6730
whenever any group of candidates for delegate at large or 6731
alternate at large, or any group of candidates for delegates or 6732
alternates from districts, file with the secretary of state 6733
statements as provided by this section, designating the same 6734
persons as their first and second choices for president of the 6735
United States, such a group of candidates may submit a group 6736
petition containing a declaration of candidacy for each of such 6737
candidates. The group petition need be signed only by the number 6738
of electors required for the petition of a single candidate. No 6739
group petition shall be submitted except by a group of candidates 6740
equal in number to the whole number of delegates at large or 6741
alternates at large to be elected or equal in number to the whole 6742
number of delegates or alternates from a district to be elected. 6743

       Each person seeking to be elected as delegate or alternate to 6744
the national convention of the person's political party shall file 6745
with the person's declaration of candidacy and certificate a 6746
statement in writing signed by the person in which the person 6747
shall state the person's first and second choices for nomination 6748
as the candidate of the person's party for the presidency of the 6749
United States. The secretary of state shall not permit any 6750
declaration of candidacy and certificate of a candidate for 6751
election as such a delegate or alternate to be filed unless it is 6752
accompanied by such a statement in writing. The name of a 6753
candidate for the presidency shall not be so used without the 6754
candidate's written consent. 6755

       A person who is a first choice for president of candidates 6756
seeking election as delegates and alternates shall file with the 6757
secretary of state, prior to the day of the election, a list 6758
indicating the order in which certificates of election are to be 6759
issued to delegate or alternate candidates to whose candidacy the 6760
person has consented, if fewer than all of such candidates are 6761
entitled under party rules to be certified as elected. Each 6762
candidate for election as such a delegate or alternate may also 6763
file along with the candidate's declaration of candidacy and 6764
certificate a statement in writing signed by the candidate in the 6765
following form: 6766

"Statement of Candidate 6767

For Election as ............ (Delegate) (Alternate) to the 6768

............ (name of political party) National Convention 6769

       I hereby declare to the voters of my political party in the 6770
State of Ohio that, if elected as ............ (delegate) 6771
(alternate) to their national party convention, I shall, to the 6772
best of my judgment and ability, support that candidate for 6773
President of the United States who shall have been selected at 6774
this primary by the voters of my party in the manner provided in 6775
Chapter 3513. of the Ohio Revised Code, as their candidate for 6776
such office. 6777

........................... (name,), 6778
Candidate for ............. 6779
(Delegate) (Alternate)" 6780

       The procedures for the selection of candidates for delegate 6781
and alternate to the national convention of a political party set 6782
forth in this section and in section 3513.121 of the Revised Code 6783
are alternative procedures, and if the procedures of this section 6784
are followed, the procedures of section 3513.121 of the Revised 6785
Code need not be followed. 6786

       Sec. 3513.121. (A) Any candidate for the presidency of the 6787
United States who is eligible to receive payments under the 6788
"Presidential Primary Matching Payment Account Act," 88 Stat. 1297 6789
(1974), 26 U.S.C.A. 9031, et seq., as amended, may file with the 6790
secretary of state a declaration of candidacy not later than four 6791
p.m. of the sixtieth day before the ~~presidential~~day of the 6792
primary election held in the same year the candidate is eligible 6793
to receive ~~such~~those payments. The candidate shall indicate on 6794
~~his~~the candidate's declaration of candidacy the congressional 6795
districts in this state where ~~his~~the candidate's candidacy is to 6796
be submitted to the electors. Any candidate who files a 6797
declaration of candidacy pursuant to this division also shall ~~also~~ 6798
file, or shall cause to be filed by a person authorized in writing 6799
to represent ~~him~~the candidate, not later than four p.m. of the 6800
sixtieth day before the same primary election, a list of 6801
candidates for district delegate and alternate to the national 6802
convention of ~~his~~the candidate's political party who have been 6803
selected in accordance with rules adopted by the state central 6804
committee of ~~his~~the candidate's political party. The candidates 6805
for district delegate and alternate whose names appear on this 6806
list shall be represented on the ballot in accordance with section 6807
3513.151 of the Revised Code in every congressional district that 6808
the presidential candidate named in ~~his~~the presidential 6809
candidate's declaration of candidacy, provided that ~~such~~those 6810
candidates meet the other requirements of this section. 6811

       (B) Candidates for delegate at large and alternate at large 6812
to the national convention of a political party for a presidential 6813
candidate who submits a declaration of candidacy in accordance 6814
with division (A) of this section shall be selected in accordance 6815
with rules adopted by the state central committee of the 6816
presidential candidate's political party. 6817

       (C) Each candidate for district delegate and alternate to the 6818
national convention of a political party selected pursuant to 6819
division (A) of this section shall file or shall cause to be filed 6820
with the secretary of state, not later than four p.m. of the 6821
sixtieth day before the ~~presidential~~ primary election in which he 6822
the person is a candidate, both of the following: 6823

       (1) A declaration of candidacy in the form prescribed in 6824
section 3513.07 of the Revised Code, but not the petition 6825
prescribed in that section; 6826

       (2) A statement in writing signed by the candidate in which 6827
hethe candidate states ~~his~~the candidate's first and second 6828
choices for nomination as the candidate of ~~his~~the candidate's 6829
party for the presidency of the United States. 6830

       (D) A declaration of candidacy filed pursuant to division (A) 6831
of this section shall be in substantially the form prescribed in 6832
section 3513.07 of the Revised Code except that the secretary of 6833
state shall modify that form to include spaces for a presidential 6834
candidate to indicate in which congressional districts hethe 6835
candidate wishes ~~his~~the candidate's candidacy to be submitted to 6836
the electors and shall modify it in any other ways necessary to 6837
adapt it to use by presidential candidates. A candidate who files 6838
a declaration of candidacy pursuant to division (A) of this 6839
section shall not file the petition prescribed in section 3513.07 6840
of the Revised Code. 6841

       (E) Section 3513.151 of the Revised Code applies in regard to 6842
candidates for delegate and alternate to the national convention 6843
of a political party selected pursuant to this section. The state 6844
central committee of the political party of any presidential 6845
candidate who files a declaration of candidacy pursuant to 6846
division (A) of this section shall file with the secretary of 6847
state the rules of its political party in accordance with division 6848
(E) of section 3513.151 of the Revised Code. 6849

       (F) The procedures for the selection of candidates for 6850
delegate and alternate to the national convention of a political 6851
party set forth in this section and in section 3513.12 of the 6852
Revised Code are alternative procedures, and if the procedures of 6853
this section are followed, the procedures of section 3513.12 of 6854
the Revised Code need not be followed. 6855

       Sec. 3513.151. (A) Candidates for delegate and alternate to 6856
the national convention of a political party shall be represented 6857
on the ballot, or their names shall appear on the ballot, in 6858
accordance with this section, but only in a manner that enables an 6859
elector to record the vote in the space provided for it by the 6860
name of the first choice for president so that the recording of 6861
the vote is counted as a vote cast for each candidate for delegate 6862
or alternate who has declared such person as that candidate's 6863
first choice for president. 6864

       (B) The names of candidates for delegate at large and 6865
alternate at large to the national convention of a political party 6866
shall not appear on the ballot. Such candidates shall be 6867
represented on the ballot by their stated first choice for 6868
president. 6869

       (C) The state central committee of each major political 6870
party, through its chairperson, not later than sixty days prior to 6871
the date of the ~~presidential~~ primary election specified in section 6872
3513.12 of the Revised Code, shall file with the secretary of 6873
state a statement that stipulates, in accordance with rules 6874
adopted by each state central committee at a meeting open to all 6875
members of the committee's party, whether or not the names of 6876
candidates for district delegate and district alternate to the 6877
national convention of that ~~chairpersons's~~chairperson's party are 6878
to be printed on the ballot. The secretary of state shall 6879
prescribe the form of the ballot for the election of district 6880
delegates and district alternates of each political party in 6881
accordance with ~~such~~that statement. If the state central 6882
committee of a political party fails to so provide such a 6883
statement, the secretary of state shall prescribe a form of ballot 6884
on which the names of candidates for delegate and alternate to 6885
such national convention do not appear on the ballot. Only the 6886
names of the presidential first choices of such candidates for 6887
delegates and alternates shall appear on the ballot. If only the 6888
names of presidential first choices are printed, the ballot shall 6889
provide the opportunity for an elector to record the vote in the 6890
appropriate space provided beside ~~such~~those names, and such a 6891
vote cast shall be counted as a vote for each candidate for 6892
delegate and alternate who has declared such person as that 6893
candidate's first choice for president. 6894

       If the number of candidates for district delegate or for 6895
district alternate to the national convention of a political party 6896
exceeds the number to be elected, the names of such candidates, 6897
when required to appear on the ballot, shall not be rotated, but 6898
shall be printed in a group on the ballot in alphabetical order 6899
immediately below or beside first choice for president. This form 6900
of the ballot shall be prescribed by the secretary of state so 6901
that the recording of the vote in the space provided beside the 6902
name of such choice for president shall be a vote for each 6903
candidate whose name is included in the grouping. 6904

       (D) Candidates, grouped by first choice for president, shall 6905
be rotated in the same manner as though each grouping were a 6906
separate candidate. As many series of ballots shall be printed as 6907
the number of groups to be rotated, with the total number of 6908
ballots to be printed divided by the number of series to be 6909
printed in order to determine the number of ballots to be printed 6910
of each series. On the first series of ballots, the candidates 6911
shall be alphabetically grouped by their first choice for 6912
president. On each succeeding series, the group of candidates that 6913
was the first in the preceding series shall be last, and each of 6914
the other groups shall be moved up one place. The ballots shall be 6915
rotated and printed as provided in section 3505.03 of the Revised 6916
Code, except that no indication of membership in or affiliation 6917
with a political party shall be printed after or under the 6918
candidate's name. 6919

       (E) The state central committee of each major political 6920
party, through its chairperson, not later than the fifteenth day 6921
prior to the date of the ~~presidential~~ primary election specified 6922
in section 3513.12 of the Revised Code, shall file with the 6923
secretary of state the rules of its political party adopted by the 6924
state central committee at a meeting open to all members of the 6925
committee's party, which affect the issuance of certificates of 6926
election to candidates for delegate or alternate to its party 6927
nominating convention, and the secretary of state shall issue 6928
certificates of election in accordance with ~~such~~those rules. 6929

       (F) If party rules prescribe that fewer than all such 6930
candidates for delegate and alternate are to be elected, 6931
certificates of election shall be issued in the order preferred by 6932
the first choice for president and in such numbers that the number 6933
of delegates and alternates certified as elected reflects, as 6934
nearly as possible, the proportion to be elected under the party 6935
rules. 6936

       (G) If the state central committee of a political party fails 6937
to file the rules with the secretary of state pursuant to this 6938
section, certificates of election shall be issued to the 6939
candidates for delegate and alternate receiving the highest number 6940
of votes. 6941

       Sec. 3513.19. (A) It is the duty ~~of any witness or~~ 6942
~~challenger and~~ of any judge of elections ~~and the right of any~~ 6943
~~elector~~, whenever any ~~such person~~judge of elections doubts that 6944
~~another~~a person attempting to vote at a primary election is 6945
legally entitled to vote at such election, to challenge the right 6946
of that ~~other~~ person to vote. The right of a person to vote at a 6947
primary election may be challenged upon the following grounds: 6948

       (1) That the person whose right to vote is challenged is not 6949
a legally qualified elector; 6950

       (2) That the person has received or has been promised some 6951
valuable reward or consideration for the person's vote; 6952

       (3) That the person is not affiliated with or is not a member 6953
of the political party whose ballot the person desires to vote. 6954
Such party affiliation shall be determined by examining the 6955
elector's voting record for the current year and the immediately 6956
preceding two calendar years as shown on the voter's registration 6957
card, using the standards of affiliation specified in the seventh 6958
paragraph of section 3513.05 of the Revised Code. Division (A)(3) 6959
of this section and the seventh paragraph of section 3513.05 of 6960
the Revised Code do not prohibit a person who holds an elective 6961
office for which candidates are nominated at a party primary 6962
election from doing any of the following: 6963

       (a) If the person voted as a member of a different political 6964
party at any primary election within the current year and the 6965
immediately preceding two calendar years, being a candidate for 6966
nomination at a party primary held during the times specified in 6967
division (C)(2) of section 3513.191 of the Revised Code provided 6968
that the person complies with the requirements of that section; 6969

       (b) Circulating the person's own petition of candidacy for 6970
party nomination in the primary election. 6971

       (B) When the right of a person to vote is challenged upon the 6972
ground set forth in division (A)(3) of this section, membership in 6973
or political affiliation with a political party shall be 6974
determined by the person's statement, made under penalty of 6975
election falsification, that the person desires to be affiliated 6976
with and supports the principles of the political party whose 6977
primary ballot the person desires to vote. 6978

       Sec. 3513.20. Before any challenged person shall be allowed 6979
to vote at a primary election hethe person shall make a 6980
statement, under penalty of election falsification, before one of 6981
the precinct officials, blanks for which shall be furnished by the 6982
board of elections, giving name, age, residence, length of 6983
residence in the precinct, county, and state; stating that the 6984
person desires to be affiliated with and supports the principles 6985
of the political party whose ballot the person desires to vote; 6986
and giving all other facts necessary to determine whether hethe 6987
person is entitled to vote in such primary election. Such 6988
statement shall be returned to the office of the board with the 6989
pollbooks and tally sheets. 6990

       If a person challenged refuses to make such statement under 6991
penalty of election falsification, hethe person shall be ~~refused~~ 6992
permitted to vote a provisional ballot under section 3505.181 of 6993
the Revised Code. If a majority of the precinct officials finds 6994
that the statements of a person challenged or ~~his~~the person's 6995
voting record or other evidence shows that hethe person lacks any 6996
of the qualifications required to make ~~him~~the person a qualified 6997
elector at such primary election or that hethe person is not 6998
affiliated with or is not a member of the political party whose 6999
ballot hethe person desires to vote, hethe person shall be 7000
~~refused~~permitted to vote a provisional ballot under section 7001
3505.181 of the Revised Code. 7002

       Sec. 3513.22. (A) Not earlier than the eleventh day or later 7003
than the fifteenth day after a primary election, the board of 7004
elections shall begin to canvass the election returns from the 7005
precincts in which electors were entitled to vote at that election 7006
and shall continue the canvass daily until it is completed. 7007

       The board shall complete the canvass not later than the ~~date~~ 7008
~~set by the secretary of state under division (U) of section~~ 7009
~~3501.05 of the Revised Code~~twenty-first day after the day of the 7010
election. ~~Sixty~~Eighty-one days after the ~~date set by~~day of the 7011
~~secretary of state for the completion of the canvass~~election, the 7012
canvass of election returns shall be deemed final, and no 7013
amendments to the canvass may be made after that date. The 7014
secretary of state may specify an earlier date upon which the 7015
canvass of election returns shall be deemed final, and after which 7016
amendments to the final canvass may not be made, if so required by 7017
federal law. 7018

       (B) The county executive committee of each political party 7019
that participated in the election, and each committee designated 7020
in a petition to represent the petitioners pursuant to which a 7021
question or issue was submitted at the election, may designate a 7022
qualified elector who may be present at and may ~~witness~~observe 7023
the making of the canvass. Each person for whom votes were cast in 7024
the election may also be present at and ~~witness~~observe the making 7025
of the canvass. 7026

       (C) When the canvass of the election returns from all of the 7027
precincts in the county in which electors were entitled to vote at 7028
the election has been completed, the board shall determine and 7029
declare the results of the elections determined by the electors of 7030
the county or of a district or subdivision within the county. If 7031
more than the number of persons to be nominated for or elected to 7032
an office received the largest and an equal number of votes, the 7033
tie shall be resolved by lot by the chairperson of the board in 7034
the presence of a majority of the members of the board. The 7035
declaration shall be in writing and shall be signed by at least a 7036
majority of the members of the board. It shall bear the date of 7037
the day upon which it is made, and a copy of it shall be posted by 7038
the board in a conspicuous place in its office. The board shall 7039
keep the copy posted for a period of at least five days. 7040

       The board shall promptly certify abstracts of the results of 7041
the elections within its county upon forms the secretary of state 7042
prescribes. One certified copy of each abstract shall be kept in 7043
the office of the board, and one certified copy of each abstract 7044
shall promptly be sent to the secretary of state. The board shall 7045
also promptly send a certified copy of that part of an abstract 7046
that pertains to an election in which only electors of a district 7047
comprised of more than one county but less than all of the 7048
counties of the state voted to the board of the most populous 7049
county in the district. It shall also promptly send a certified 7050
copy of that part of an abstract that pertains to an election in 7051
which only electors of a subdivision located partly within the 7052
county voted to the board of the county in which the major portion 7053
of the population of the subdivision is located. 7054

       If, after certifying and sending abstracts and parts of 7055
abstracts, a board finds that any abstract or part of any abstract 7056
is incorrect, it shall promptly prepare, certify, and send a 7057
corrected abstract or part of an abstract to take the place of 7058
each incorrect abstract or part of an abstract previously 7059
certified and sent. 7060

       (D)(1) When certified copies of abstracts are received by the 7061
secretary of state, the secretary of state shall canvass those 7062
abstracts and determine and declare the results of all elections 7063
in which electors throughout the entire state voted. If more than 7064
the number of persons to be nominated for or elected to an office 7065
received the largest and an equal number of votes, the tie shall 7066
be resolved by lot by the secretary of state in the presence of 7067
the governor, the auditor of state, and the attorney general, who 7068
at the request of the secretary of state shall assemble to witness 7069
the drawing of the lot. The declaration of results by the 7070
secretary of state shall be in writing and shall be signed by the 7071
secretary of state. It shall bear the date of the day upon which 7072
it is made, and a copy of it shall be posted by the secretary of 7073
state in a conspicuous place in the secretary of state's office. 7074
The secretary of state shall keep the copy posted for a period of 7075
at least five days. 7076

       (2) When certified copies of parts of abstracts are received 7077
by the board of the most populous county in a district from the 7078
boards of all of the counties in the district, the board receiving 7079
those abstracts shall canvass them and determine and declare the 7080
results of the elections in which only electors of the district 7081
voted. If more than the number of persons to be nominated for or 7082
elected to an office received the largest and equal number of 7083
votes, the tie shall be resolved by lot by the chairperson of the 7084
board in the presence of a majority of the members of the board. 7085
The declaration of results by the board shall be in writing and 7086
shall be signed by at least a majority of the members of the 7087
board. It shall bear the date of the day upon which it is made, 7088
and a copy of it shall be posted by the board in a conspicuous 7089
place in its office. The board shall keep the copy posted for a 7090
period of at least five days. 7091

       (3) When certified copies of parts of abstracts are received 7092
by the board of a county in which the major portion of the 7093
population of a subdivision located in more than one county is 7094
located from the boards of each county in which other portions of 7095
that subdivision are located, the board receiving those abstracts 7096
shall canvass them and determine and declare the results of the 7097
elections in which only electors of that subdivision voted. If 7098
more than the number of persons to be nominated for or elected to 7099
an office received the largest and an equal number of votes, the 7100
tie shall be resolved by lot by the chairperson of the board in 7101
the presence of a majority of the members of the board. The 7102
declaration of results by the board shall be in writing and shall 7103
be signed by at least a majority of the members of the board. It 7104
shall bear the date of the day upon which it is made, and a copy 7105
of it shall be posted by the board in a conspicuous place in its 7106
office. The board shall keep the copy posted for a period of at 7107
least five days. 7108

       (E) Election officials, who are required to declare the 7109
results of primary elections, shall issue to each person declared 7110
nominated for or elected to an office, an appropriate certificate 7111
of nomination or election, provided that the boards required to 7112
determine and declare the results of the elections for candidates 7113
for nomination to the office of representative to congress from a 7114
congressional district shall, in lieu of issuing a certificate of 7115
nomination, certify to the secretary of state the names of the 7116
candidates nominated, and the secretary of state, upon receipt of 7117
that certification, shall issue a certificate of nomination to 7118
each person whose name is so certified. Certificates of nomination 7119
or election issued by boards to candidates and certifications to 7120
the secretary of state shall not be issued before the expiration 7121
of the time within which applications for recounts of votes may be 7122
filed or before recounts of votes, which have been applied for, 7123
are completed. 7124

       Sec. 3513.257. Each person desiring to become an independent 7125
candidate for an office for which candidates may be nominated at a 7126
primary election, except persons desiring to become independent 7127
joint candidates for the offices of governor and lieutenant 7128
governor and for the offices of president and vice-president of 7129
the United States, shall file no later than four p.m. of the day 7130
before the day of the primary election immediately preceding the 7131
general election at which such candidacy is to be voted for by the 7132
voters, a statement of candidacy and nominating petition as 7133
provided in section 3513.261 of the Revised Code. Persons desiring 7134
to become independent joint candidates for the offices of governor 7135
and lieutenant governor shall file, not later than four p.m. of 7136
the day before the day of the primary election, one statement of 7137
candidacy and one nominating petition for the two of them. Persons 7138
desiring to become independent joint candidates for the offices of 7139
president and vice-president of the United States shall file, not 7140
later than four p.m. of the seventy-fifth day before the day of 7141
the general election at which the president and vice-president are 7142
to be elected, one statement of candidacy and one nominating 7143
petition for the two of them. The prospective independent joint 7144
candidates' statement of candidacy shall be filed with the 7145
nominating petition as one instrument. 7146

       The statement of candidacy and separate petition papers of 7147
each candidate or pair of joint candidates shall be filed at the 7148
same time as one instrument. 7149

       The nominating petition shall contain signatures of qualified 7150
electors of the district, political subdivision, or portion of a 7151
political subdivision in which the candidacy is to be voted on in 7152
an amount to be determined as follows: 7153

       (A) If the candidacy is to be voted on by electors throughout 7154
the entire state, the nominating petition, including the 7155
nominating petition of independent joint candidates for the 7156
offices of governor and lieutenant governor, shall be signed by no 7157
less than five thousand qualified electors, provided that no 7158
petition shall be accepted for filing if it purports to contain 7159
more than fifteen thousand signatures. 7160

       (B) If the candidacy is to be voted on by electors in any 7161
district, political subdivision, or part thereof in which less 7162
than five thousand electors voted for the office of governor at 7163
the most recent election for that office, the nominating petition 7164
shall contain signatures of not less than twenty-five qualified 7165
electors of the district, political subdivision, or part thereof, 7166
or a number of qualified signatures equal to at least five per 7167
cent of that vote, if this number is less than twenty-five. 7168

       (C) If the candidacy is to be voted on by electors in any 7169
district, political subdivision, or part thereof in which five 7170
thousand or more electors voted for the office of governor at the 7171
most recent election for that office, the nominating petition 7172
shall contain a number of signatures equal to at least one per 7173
cent of those electors. 7174

       All nominating petitions of candidates for offices to be 7175
voted on by electors throughout the entire state shall be filed in 7176
the office of the secretary of state. No nominating petition for 7177
the offices of president and vice-president of the United States 7178
shall be accepted for filing unless there is submitted to the 7179
secretary of state, at the time of filing the petition, a slate of 7180
presidential electors sufficient in number to satisfy the 7181
requirement of the United States Constitution. The secretary of 7182
state shall not accept for filing the statement of candidacy of a 7183
person who desires to be an independent candidate for the office 7184
of governor unless it also shows the joint candidacy of a person 7185
who desires to be an independent candidate for the office of 7186
lieutenant governor, shall not accept for filing the statement of 7187
candidacy of a person who desires to be an independent candidate 7188
for the office of lieutenant governor unless it also shows the 7189
joint candidacy of a person who desires to be an independent 7190
candidate for the office of governor, and shall not accept for 7191
filing the statement of candidacy of a person who desires to be an 7192
independent candidate to the office of governor or lieutenant 7193
governor who, for the same election, has already filed a 7194
declaration of candidacy, a declaration of intent to be a write-in 7195
candidate, or a statement of candidacy, or has become a candidate 7196
by the filling of a vacancy under section 3513.30 of the Revised 7197
Code for any other state office or any federal or county office. 7198

       Nominating petitions of candidates for offices to be voted on 7199
by electors within a district or political subdivision comprised 7200
of more than one county but less than all counties of the state 7201
shall be filed with the boards of elections of that county or part 7202
of a county within the district or political subdivision which had 7203
a population greater than that of any other county or part of a 7204
county within the district or political subdivision according to 7205
the last federal decennial census. 7206

       Nominating petitions for offices to be voted on by electors 7207
within a county or district smaller than a county shall be filed 7208
with the board of elections for such county. 7209

       No petition other than the petition of a candidate whose 7210
candidacy is to be considered by electors throughout the entire 7211
state shall be accepted for filing if it appears on its face to 7212
contain more than three times the minimum required number of 7213
signatures. A board of elections shall not accept for filing a 7214
nominating petition of a person seeking to become a candidate if 7215
that person, for the same election, has already filed a 7216
declaration of candidacy, a declaration of intent to be a write-in 7217
candidate, or a nominating petition, or has become a candidate by 7218
the filling of a vacancy under section 3513.30 of the Revised Code 7219
for any federal, state, or county office, if the nominating 7220
petition is for a state or county office, or for any municipal or 7221
township office, for member of a city, local, or exempted village 7222
board of education, or for member of a governing board of an 7223
educational service center, if the nominating petition is for a 7224
municipal or township office, or for member of a city, local, or 7225
exempted village board of education, or for member of a governing 7226
board of an educational service center. When a petition of a 7227
candidate has been accepted for filing by a board of elections, 7228
the petition shall not be deemed invalid if, upon verification of 7229
signatures contained in the petition, the board of elections finds 7230
the number of signatures accepted exceeds three times the minimum 7231
number of signatures required. A board of elections may 7232
discontinue verifying signatures when the number of verified 7233
signatures on a petition equals the minimum required number of 7234
qualified signatures. 7235

       Any nonjudicial candidate who files a nominating petition may 7236
request, at the time of filing, that the candidate be designated 7237
on the ballot as a nonparty candidate or as an other-party 7238
candidate, or may request that the candidate's name be placed on 7239
the ballot without any designation. Any such candidate who fails 7240
to request a designation either as a nonparty candidate or as an 7241
other-party candidate shall have the candidate's name placed on 7242
the ballot without any designation. 7243

       The purpose of establishing a filing deadline for independent 7244
candidates prior to the primary election immediately preceding the 7245
general election at which the candidacy is to be voted on by the 7246
voters is to recognize that the state has a substantial and 7247
compelling interest in protecting its electoral process by 7248
encouraging political stability, ensuring that the winner of the 7249
election will represent a majority of the community, providing the 7250
electorate with an understandable ballot, and enhancing voter 7251
education, thus fostering informed and educated expressions of the 7252
popular will in a general election. The filing deadline for 7253
independent candidates required in this section prevents 7254
splintered parties and unrestrained factionalism, avoids political 7255
fragmentation, and maintains the integrity of the ballot. The 7256
deadline, one day prior to the primary election, is the least 7257
drastic or restrictive means of protecting these state interests. 7258
The general assembly finds that the filing deadline for 7259
independent candidates in primary elections required in this 7260
section is reasonably related to the state's purpose of ensuring 7261
fair and honest elections while leaving unimpaired the political, 7262
voting, and associational rights secured by the first and 7263
fourteenth amendments to the United States Constitution. 7264

       Sec. 3513.259. Nominations of candidates for the office of 7265
member of the state board of education shall be made only by 7266
nominating petition. The nominating petition of a candidate for 7267
the office of member of the state board of education shall be 7268
signed by not less than one hundred qualified electors. 7269

       No such nominating petition shall be accepted for filing if 7270
it appears on its face to contain signatures aggregating in number 7271
more than three times the minimum number of signatures required by 7272
this section. A board of elections shall not accept for filing a 7273
nominating petition of a person if that person, for the same 7274
election, has already filed a declaration of candidacy, a 7275
declaration of intent to be a write-in candidate, or a nominating 7276
petition, or has become a candidate through party nomination at a 7277
primary election or by the filling of a vacancy under section 7278
3513.30 or 3513.31 of the Revised Code, to be a candidate for any 7279
other state office or any federal or county office. When a 7280
petition of a candidate has been accepted for filing by a board of 7281
elections, the petition shall not be deemed invalid if, upon 7282
verification of signatures contained in the petition, the board of 7283
elections finds the number of signatures accepted exceeds three 7284
times the minimum number of signatures required. A board of 7285
elections may discontinue verifying signatures when the number of 7286
verified signatures equals the minimum required number of 7287
signatures. Such petition shall be filed with the board of 7288
elections of the most populous county in such district not later 7289
than four p.m. of the seventy-fifth day before the day of the 7290
general election at which state board of education members are 7291
elected. 7292

       Each nominating petition shall be signed by qualified 7293
electors residing in the district in which the candidate 7294
designated therein would be a candidate for election to the office 7295
of member of the state board of education. Each candidate shall be 7296
a qualified elector residing in the district in which the 7297
candidate seeks election to such office. 7298

       As the word "district" is used in this section, it refers to 7299
a district created under section 3301.01 of the Revised Code. 7300

       Sec. 3513.261. A nominating petition may consist of one or 7301
more separate petition papers, each of which shall be 7302
substantially in the form prescribed in this section. If the 7303
petition consists of more than one separate petition paper, the 7304
statement of candidacy of the candidate or joint candidates named 7305
need be signed by the candidate or joint candidates on only one of 7306
such separate petition papers, but the statement of candidacy so 7307
signed shall be copied on each other separate petition paper 7308
before the signatures of electors are placed on it. Each 7309
nominating petition containing signatures of electors of more than 7310
one county shall consist of separate petition papers each of which 7311
shall contain signatures of electors of only one county; provided 7312
that petitions containing signatures of electors of more than one 7313
county shall not thereby be declared invalid. In case petitions 7314
containing signatures of electors of more than one county are 7315
filed, the board of elections shall determine the county from 7316
which the majority of the signatures came, and only signatures 7317
from this county shall be counted. Signatures from any other 7318
county shall be invalid. 7319

       All signatures on nominating petitions shall be written in 7320
ink or indelible pencil. 7321

       At the time of filing a nominating petition, the candidate 7322
designated in the nominating petition, and joint candidates for 7323
governor and lieutenant governor, shall pay to the election 7324
officials with whom it is filed the fees specified for the office 7325
under divisions (A) and (B) of section 3513.10 of the Revised 7326
Code. The fees shall be disposed of by those election officials in 7327
the manner that is provided in section 3513.10 of the Revised Code 7328
for the disposition of other fees, and in no case shall a fee 7329
required under that section be returned to a candidate. 7330

       Candidates or joint candidates whose names are written on the 7331
ballot, and who are elected, shall pay the same fees under section 7332
3513.10 of the Revised Code that candidates who file nominating 7333
petitions pay. Payment of these fees shall be a condition 7334
precedent to the granting of their certificates of election. 7335

       Each nominating petition shall contain a statement of 7336
candidacy that shall be signed by the candidate or joint 7337
candidates named in it. Such statement of candidacy shall contain 7338
a declaration made under penalty of election falsification that 7339
the candidate desires to be a candidate for the office named in 7340
it, and that the candidate is an elector qualified to vote for the 7341
office the candidate seeks. 7342

       The form of the nominating petition and statement of 7343
candidacy shall be substantially as follows: 7344

"STATEMENT OF CANDIDACY 7345

       I, ................................... (Name of candidate), 7346
the undersigned, hereby declare under penalty of election 7347
falsification that my voting residence is in ................ 7348
.......... Precinct of the ......................... (Township) or 7349
(Ward and City, or Village) in the county of ............... Ohio; 7350
that my post-office address is ............................ 7351
(Street and Number, if any, or Rural Route and Number) of the 7352
............................... (City, Village, or post office) of 7353
...................., Ohio; and that I am a qualified elector in 7354
the precinct in which my voting residence is located. I hereby 7355
declare that I desire to be a candidate for election to the office 7356
of .............. in the ........................ (State, 7357
District, County, City, Village, Township, or School District) for 7358
the ...................................... (Full term or unexpired 7359
term ending ................) at the General Election to be held 7360
on the ........... day of ..............., .... 7361

       I further declare that I am an elector qualified to vote for 7362
the office I seek. Dated this ....... day of .............., .... 7363

7364

(Signature of candidate) 7365

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 7366
OF THE FIFTH DEGREE. 7367

       I, ................................., hereby constitute the 7368
persons named below a committee to represent me: 7369

Name Residence 7370
7371
7372
7373
7374
7375

NOMINATING PETITION 7376

       We, the undersigned, qualified electors of the state of Ohio, 7377
whose voting residence is in the County, City, Village, Ward, 7378
Township or Precinct set opposite our names, hereby nominate 7379
.................... as a candidate for election to the office of 7380
........................... in the ............................ 7381
(State, District, County, City, Village, Township, or School 7382
District) for the ................. (Full term or unexpired term 7383
ending ...................) to be voted for at the general 7384
election next hereafter to be held, and certify that this person 7385
is, in our opinion, well qualified to perform the duties of the 7386
office or position to which the person desires to be elected. 7387

7388
Street 7389
Address 7390
or R.F.D. 7391
(Must use 7392
address on City, 7393
file with Village 7394
the board of or Date of 7395
Signature elections) Township Ward Precinct County Signing 7396
7397
7398
7399
7400

..........................., declares under penalty of election 7401
falsification that such person is a qualified elector of the state 7402
of Ohio and resides at the address appearing below such person's 7403
signature hereto; that such person is the circulator of the 7404
foregoing petition paper containing ................ signatures; 7405
that such person witnessed the affixing of every signature; that 7406
all signers were to the best of such person's knowledge and belief 7407
qualified to sign; and that every signature is to the best of such 7408
person's knowledge and belief the signature of the person whose 7409
signature it purports to be. 7410

7411

(Signature of circulator) 7412

7413

(Address) 7414
7415
(If petition is for a statewide 7416
candidate, the name and address 7417
of person employing circulator 7418
to circulate petition, if any) 7419

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 7420
OF THE FIFTH DEGREE." 7421

       The secretary of state shall prescribe a form of nominating 7422
petition for a group of candidates for the office of member of a 7423
board of education, township office, and offices of municipal 7424
corporations of under two thousand population. 7425

       The secretary of state shall prescribe a form of statement of 7426
candidacy and nominating petition, which shall be substantially 7427
similar to the form of statement of candidacy and nominating 7428
petition set forth in this section, that will be suitable for 7429
joint candidates for the offices of governor and lieutenant 7430
governor. 7431

       If such petition nominates a candidate whose election is to 7432
be determined by the electors of a county or a district or 7433
subdivision within the county, it shall be filed with the board of 7434
such county. If the petition nominates a candidate whose election 7435
is to be determined by the voters of a subdivision located in more 7436
than one county, it shall be filed with the board of the county in 7437
which the major portion of the population of such subdivision is 7438
located. 7439

       If the petition nominates a candidate whose election is to be 7440
determined by the electors of a district comprised of more than 7441
one county but less than all of the counties of the state, it 7442
shall be filed with the board of elections of the most populous 7443
county in such district. If the petition nominates a candidate 7444
whose election is to be determined by the electors of the state at 7445
large, it shall be filed with the secretary of state. 7446

       The secretary of state or a board of elections shall not 7447
accept for filing a nominating petition of a person seeking to 7448
become a candidate if that person, for the same election, has 7449
already filed a declaration of candidacy, a declaration of intent 7450
to be a write-in candidate, or a nominating petition, or has 7451
become a candidate through party nomination at a primary election 7452
or by the filling of a vacancy under section 3513.30 or 3513.31 of 7453
the Revised Code for any federal, state, or county office, if the 7454
nominating petition is for a state or county office, or for any 7455
municipal or township office, for member of a city, local, or 7456
exempted village board of education, or for member of a governing 7457
board of an educational service center, if the nominating petition 7458
is for a municipal or township office, or for member of a city, 7459
local, or exempted village board of education, or for member of a 7460
governing board of an educational service center. 7461

       Sec. 3513.262. The nominating petitions of all candidates 7462
required to be filed before four p.m. of the day before the day of 7463
the primary election immediately preceding the general election 7464
shall be processed as follows: 7465

       If such a petition is filed with the secretary of state, he 7466
the secretary of state shall, not later than the fifteenth day of 7467
June following the filing of ~~such~~the petition, ~~or if the primary~~ 7468
~~election was a presidential primary election, not later than the~~ 7469
~~end of the sixth week after the day of that election,~~ transmit to 7470
each board ~~such~~of elections the separate petition papers as 7471
purport to contain signatures of electors of the county of ~~such~~ 7472
that board. If ~~such~~the petition is filed with the board of the 7473
most populous county of a district or of a county in which the 7474
major portion of the population of a subdivision is located, ~~such~~ 7475
that board shall, not later than the fifteenth day of June, ~~or if~~ 7476
~~the primary election was a presidential primary election, not~~ 7477
~~later than the end of the sixth week after the day of that~~ 7478
~~election,~~ transmit to each board within such district ~~such~~the 7479
separate petition papers of the petition as purport to contain 7480
signatures of electors of the county of ~~such~~that other board. 7481

       All petition papers so transmitted to a board and all 7482
nominating petitions filed with a board shall, under proper 7483
regulations, be open to public inspection from the fifteenth day 7484
of June until four p.m. of the thirtieth day of that month~~, or if~~ 7485
~~the primary election was a presidential primary election, from the~~ 7486
~~end of the sixth week after the election until four p.m. of the~~ 7487
~~end of the seventh week after the election~~. Each board shall, not 7488
later than the next fifteenth day of July, ~~or if the primary~~ 7489
~~election was a presidential primary election, not later than the~~ 7490
~~end of the tenth week after the day of that election,~~ examine and 7491
determine the sufficiency of the signatures on the petition papers 7492
transmitted to or filed with it, and the validity of the petitions 7493
filed with it, and shall return to the secretary of state all 7494
petition papers transmitted to it by ~~him~~the secretary of state, 7495
together with its certification of its determination as to the 7496
validity or invalidity of signatures ~~thereon~~on them, and shall 7497
return to each other board all petition papers transmitted to it 7498
by ~~such~~the other board, as provided in this section, together 7499
with its certification of its determination as to the validity or 7500
invalidity of signatures ~~thereon~~on them. All other matters 7501
affecting the validity or invalidity of such petition papers shall 7502
be determined by the secretary of state or the board with ~~whom~~ 7503
~~such~~which the petition papers were filed. 7504

       Written protests against nominating petitions may be filed by 7505
any qualified elector eligible to vote for the candidate whose 7506
nominating petition hethe elector objects to, not later than four 7507
p.m. of the thirtieth day of July~~, or if the primary election was~~ 7508
~~a presidential primary election, not later than the end of the~~ 7509
~~twelfth week after the day of that election~~. ~~Such~~The protests 7510
shall be filed with the election officials with whom the 7511
nominating petition was filed. Upon the filing of ~~such~~a protest, 7512
the election officials with whom it is filed shall promptly fix 7513
the time and place for hearing it, and shall forthwith mail notice 7514
of the filing of ~~such~~the protest and the time and place for 7515
hearing it to the person whose nomination is protested. They also 7516
shall ~~also~~ forthwith mail notice of the time and place fixed for 7517
the hearing to the person who filed the protest. At the time 7518
fixed, ~~such~~the election officials shall hear the protest and 7519
determine the validity or invalidity of the petition. ~~Such~~That 7520
determination shall be final. 7521

       A protest against the nominating petition filed by joint 7522
candidates for the offices of governor and lieutenant governor 7523
shall be filed, heard, and determined in the same manner as a 7524
protest against the nominating petition of a candidate who files 7525
~~by himself~~individually. 7526

       Sec. 3513.30. (A)(1) ~~Where~~If only one valid declaration of 7527
candidacy is filed for nomination as a candidate of a political 7528
party for an office and ~~such~~that candidate dies prior to the 7529
tenth day before the primary election, both of the following may 7530
occur: 7531

       (a) The political party whose candidate died may fill the 7532
vacancy so created as provided in division (A)(2) of this section. 7533

       (b) Any major political party other than the one whose 7534
candidate died may select a candidate as provided in division 7535
(A)(2) of this section under either of the following 7536
circumstances: 7537

       (i) No person has filed a valid declaration of candidacy for 7538
nomination as that party's candidate at the primary election. 7539

       (ii) Only one person has filed a valid declaration of 7540
candidacy for nomination as that party's candidate at the primary 7541
election, that person has withdrawn, died, or been disqualified 7542
under section 3513.052 of the Revised Code, and the vacancy so 7543
created has not been filled. 7544

       (2) A vacancy may be filled under division (A)(1)(a) and a 7545
selection may be made under division (A)(1)(b) of this section by 7546
the appropriate committee of the political party in the same 7547
manner as provided in divisions (A) to (E) of section 3513.31 of 7548
the Revised Code for the filling of similar vacancies created by 7549
withdrawals or disqualifications under section 3513.052 of the 7550
Revised Code after the primary election, except that the 7551
certification required under that section may not be filed with 7552
the secretary of state, or with a board of the most populous 7553
county of a district, or with the board of a county in which the 7554
major portion of the population of a subdivision is located, later 7555
than four p.m. of the tenth day before the day of such primary 7556
election, or with any other board later than four p.m. of the 7557
fifth day before the day of such primary election. 7558

       (3) If only one valid declaration of candidacy is filed for 7559
nomination as a candidate of a political party for an office and 7560
that candidate dies on or after the tenth day before the day of 7561
the primary election, that candidate is considered to have 7562
received the nomination of that candidate's political party at 7563
that primary election, and, for purposes of filling the vacancy so 7564
created, that candidate's death shall be treated as if that 7565
candidate died on the day after the day of the primary election. 7566

       (B) Any person filing a declaration of candidacy may withdraw 7567
as such candidate at any time prior to the primary election~~, or,~~ 7568
~~if the primary election is a presidential primary election, at any~~ 7569
~~time prior to the fiftieth day before the presidential primary~~ 7570
~~election~~. The withdrawal shall be effected and the statement of 7571
withdrawal shall be filed in accordance with the procedures 7572
prescribed in division (D) of this section for the withdrawal of 7573
persons nominated in a primary election or by nominating petition. 7574

       (C) A person who is the first choice for president of the 7575
United States by a candidate for delegate or alternate to a 7576
national convention of a political party may withdraw consent for 7577
the selection of the person as such first choice ~~no later than~~ 7578
~~four p.m. of the thirtieth day before the day of~~at any time prior 7579
to the ~~presidential~~ primary election specified in section 3513.12 7580
of the Revised Code. Withdrawal of consent shall be for the entire 7581
slate of candidates for delegates and alternates who named such 7582
person as their presidential first choice and shall constitute 7583
withdrawal from the primary election by such delegates and 7584
alternates. The withdrawal shall be made in writing and delivered 7585
to the secretary of state. ~~The~~If the withdrawal is delivered to 7586
the secretary of state on or before the sixtieth day before the 7587
day of the primary election, the boards of elections shall remove 7588
both the name of the withdrawn first choice and the names of such 7589
withdrawn candidates from the ballots ~~to the extent practicable in~~ 7590
~~the time remaining before the election and~~ according to the 7591
directions of the secretary of state. If the withdrawal is 7592
delivered to the secretary of state after the sixtieth day before 7593
the day of the primary election, the board of elections shall not 7594
remove the name of the withdrawn first choice and the names of the 7595
withdrawn candidates from the ballots. The board of elections 7596
shall post a notice at each polling location on the day of the 7597
primary election, and shall enclose with each absent voter's 7598
ballot given or mailed after the candidate withdraws, a notice 7599
that votes for the withdrawn first choice or candidates will be 7600
void and will not be counted. If such names are not removed from 7601
all ballots before the day of the election, the votes for the 7602
withdrawn first choice or candidates are void and shall not be 7603
counted. 7604

       (D) Any person nominated in a primary election or by 7605
nominating petition as a candidate for election at the next 7606
general election may withdraw as such candidate at any time prior 7607
to the general election. Such withdrawal may be effected by the 7608
filing of a written statement by such candidate announcing the 7609
candidate's withdrawal and requesting that the candidate's name 7610
not be printed on the ballots. If such candidate's declaration of 7611
candidacy or nominating petition was filed with the secretary of 7612
state, the candidate's statement of withdrawal shall be addressed 7613
to and filed with the secretary of state. If such candidate's 7614
declaration of candidacy or nominating petition was filed with a 7615
board of elections, the candidate's statement of withdrawal shall 7616
be addressed to, and filed with such board. 7617

       (E) When a person withdraws under division (B) or (D) of this 7618
section on or before the sixtieth day before the day of the 7619
primary election, the board of elections shall remove the name of 7620
the withdrawn candidate from the ballots ~~to the extent practicable~~ 7621
~~in the time remaining before the election and~~ according to the 7622
directions of the secretary of state. When a person withdraws 7623
under division (B) or (D) of this section after the sixtieth day 7624
before the day of the primary election, the board of elections 7625
shall not remove the name of the withdrawn candidate from the 7626
ballots. The board of elections shall post a notice at each 7627
polling place on the day of the primary election, and shall 7628
enclose with each absent voter's ballot given or mailed after the 7629
candidate withdraws, a notice that votes for the withdrawn 7630
candidate will be void and will not be counted. If the name is not 7631
removed from all ballots before the day of the election, the votes 7632
for the withdrawn candidate are void and shall not be counted. 7633

       Sec. 3515.03. Each application for recount shall separately 7634
list each precinct as to which a recount of the votes therein is 7635
requested, and the person filing an application shall at the same 7636
time deposit with the board of elections ~~ten~~fifty dollars in 7637
currency, bank money order, bank cashier's check, or certified 7638
check for each precinct so listed in such application as security 7639
for the payment of charges for making the recount therein applied 7640
for, which charges shall be fixed by the board as provided in 7641
section 3515.07 of the Revised Code. 7642

       Upon the filing of an application, or upon declaration by the 7643
board or secretary of state that the number of votes cast in any 7644
election for the declared winning nominee, candidate, question, or 7645
issue does not exceed the number of votes cast for the defeated 7646
nominee, candidate, question, or issue, by the margins set forth 7647
in section 3515.011 of the Revised Code, the board shall promptly 7648
fix the time, method, and the place at which the recount will be 7649
made, which time shall be not later than ten days after the day 7650
upon which such application is filed or such declaration is made. 7651
If the recount involves a candidate for election to an office 7652
comprising more than one county, the director of the board shall 7653
promptly mail notice of the time and place for such recount to the 7654
board of the most populous county of the district. If the contest 7655
involves a state office, the director shall promptly notify the 7656
secretary of state of the filing for such recount. 7657

       The director of the board shall mail notice of the time and 7658
place so fixed to any applicant and to each person for whom votes 7659
were cast for such nomination or election. Such notice shall be 7660
mailed by certified mail not later than the fifth day before the 7661
day fixed for the commencement of the recount. Persons entitled to 7662
have such notice mailed to them may waive their right to have it 7663
mailed by filing with the director a written waiver to that 7664
effect. Each person entitled to receive such notice may attend and 7665
~~witness~~observe the recount and may have any person whom the 7666
candidate designates attend and ~~witness~~observe the recount. At 7667
any time after a winning nominee or candidate is declared but 7668
before the time for a recount pursuant to section 3515.011 of the 7669
Revised Code commences, the declared losing nominee or candidate 7670
may file with the board a written request to stop the recount from 7671
commencing. In the case of more than one declared losing candidate 7672
or nominee, each of whom is entitled to a recount pursuant to 7673
section 3515.011 of the Revised Code, each such declared losing 7674
candidate or nominee must file with the board such written request 7675
to stop the recount from commencing. The board shall grant such 7676
request and shall not commence the recount. 7677

       In the case of a recount of votes cast upon a question or 7678
issue, any group of five or more qualified electors, who voted 7679
upon such question or issue and whose votes were in opposition to 7680
the votes of the members of the group of electors who applied for 7681
such recount, or for whom such recount was required by section 7682
3515.011 of the Revised Code, may file with the board a written 7683
statement to that effect, shall designate therein one of their 7684
number as ~~chairman~~chairperson of such group and may appoint an 7685
attorney at law as their legal counsel, and may request that the 7686
persons so designated be permitted to attend and ~~witness~~observe 7687
the recount. Thereupon the persons so designated may attend and 7688
~~witness~~observe the recount. 7689

       Sec. 3515.04. At the time and place fixed for making a 7690
recount, the board of elections, in the presence of all ~~witnesses~~ 7691
observers who may be in attendance, shall open the sealed 7692
containers containing the ballots to be recounted, and shall 7693
recount them. If a county used punch card ballots and if a chad is 7694
attached to a punch card ballot by three or four corners, the 7695
voter shall be deemed by the board not to have recorded a 7696
candidate, question, or issue choice at the particular position on 7697
the ballot, and a vote shall not be counted at that particular 7698
position on the ballot in the recount. Ballots shall be handled 7699
only by the members of the board or by the director or other 7700
employees of the board. ~~Witnesses~~Observers shall be permitted to 7701
see the ballots, but they shall not be permitted to touch them, 7702
and the board shall not permit the counting or tabulation of votes 7703
shown on the ballots for any nomination, or for election to any 7704
office or position, or upon any question or issue, other than the 7705
votes shown on such ballots for the nomination, election, 7706
question, or issue concerning which a recount of ballots was 7707
applied for. 7708

       At any time before the ballots from all of the precincts 7709
listed in an application for the recount or involved in a recount 7710
pursuant to section 3515.011 of the Revised Code have been 7711
recounted, the applicant or declared losing candidate or nominee 7712
or each of the declared losing candidates or nominees entitled to 7713
file a request prior to the commencement of a recount, as provided 7714
in section 3515.03 of the Revised Code, may file with the board a 7715
written request to stop the recount and not recount the ballots 7716
from the precincts so listed that have not been recounted prior to 7717
the time of the request. If, upon the request, the board finds 7718
that results of the votes in the precincts recounted, if 7719
substituted for the results of the votes in those precincts as 7720
shown in the abstract of the votes in those precincts, would not 7721
cause the applicant, if a person for whom votes were cast for 7722
nomination or election, to be declared nominated or elected or if 7723
an election upon a question or issue would not cause a result 7724
contrary to the result as declared prior to such recount, it shall 7725
grant the request and shall not recount the ballots of the 7726
precincts listed in the application for recount that have not been 7727
recounted prior to that time. If the board finds otherwise, it 7728
shall deny the request and shall continue to recount ballots until 7729
the ballots from all of the precincts listed in the application 7730
for recount have been recounted; provided that, if the request is 7731
denied, it may be renewed from time to time. Upon any such 7732
renewal, the board shall consider and act upon the request in the 7733
same manner as provided in this section in connection with an 7734
original request. 7735

       As used in this section, "chad" and "punch card ballot" have 7736
the same meanings as in section 3506.16 of the Revised Code. 7737

       Sec. 3515.041. As required by 3 U.S.C.A. 5, any recount of 7738
votes conducted under this chapter for the election of 7739
presidential electors shall be completed not later than six days 7740
before the time fixed under federal law for the meeting of those 7741
presidential electors. 7742

       Sec. 3515.07. The charges for making a recount of votes of 7743
precincts listed in an application for a recount filed with the 7744
board of elections shall be fixed by the board and shall include 7745
all expenses incurred by such board because of such application 7746
other than the regular operating expenses which the board would 7747
have incurred if the application had not been filed. The total 7748
amount of charges so fixed divided by the number of precincts 7749
listed in such application, the votes of which were recounted, 7750
shall be the charge per precinct for the recount of the votes of 7751
the precincts listed in such application, the votes of which were 7752
recounted; provided that the charges per precinct so fixed shall 7753
not be more than ~~ten~~fifty nor less than five dollars for each 7754
precinct the votes of which were recounted. 7755

       Such charge per precinct shall be deducted by the board from 7756
the money deposited with the board by the applicant for the 7757
recount at the time of filing ~~his~~the application, and the balance 7758
of the money so deposited shall be returned to such applicant; 7759
provided that no such charge per precinct shall be deducted by the 7760
board from the money deposited for a recount of votes cast for a 7761
nomination or for an election to an office or position in any 7762
precinct, if the total number of votes cast in such precinct for 7763
the applicant, as recorded by such recount, is more than four per 7764
cent larger than the number of votes for such applicant in such 7765
precinct recorded in the original certified abstract thereof, nor 7766
shall any charge per precinct be deducted for a recount of votes 7767
cast in any precinct upon a question or issue if the total number 7768
of votes in such precinct on the same side of such question or 7769
issue as the side represented by the applicant, as recorded by 7770
such recount, is more than four per cent larger than the number of 7771
votes in such precinct on the same side of such question or issue 7772
recorded in the original certified abstract thereof. No such 7773
charge per precinct shall be deducted if upon the completion of a 7774
recount concerning a nomination or election the applicant is 7775
declared nominated or elected, or if upon the completion of a 7776
recount concerning a question or issue the result of such election 7777
is declared to be opposite to the original declaration of the 7778
result of such election. All moneys deposited with a board by an 7779
applicant shall be deposited in a special depository fund with the 7780
county treasurer. The expenses of the recount and refunds shall be 7781
paid from said fund upon order of the board of elections. Any 7782
balance remaining in such fund shall be paid into the general fund 7783
of the county. 7784

       Sec. 3515.072. (A) In January of each odd-numbered year, the 7785
secretary of state, in accordance with this division and division 7786
(B) of this section, shall adjust each amount specified in 7787
sections 3515.03 and 3515.07 of the Revised Code. The adjustment 7788
shall be based on the yearly average of the previous two years of 7789
the Consumer Price Index for All Urban Consumers or its successive 7790
equivalent, as determined by the United States department of 7791
labor, bureau of labor statistics, or its successor in 7792
responsibility, for all items, Series A. Using the 2005 yearly 7793
average as the base year, the secretary of state shall compare the 7794
most current average consumer price index with that determined in 7795
the preceding odd-numbered year, and shall determine the 7796
percentage increase or decrease. The percentage increase or 7797
decrease shall be multiplied by each actual dollar figure 7798
specified in sections 3515.03 and 3515.07 of the Revised Code as 7799
determined in the previous odd-numbered year, and the product 7800
shall be added to or subtracted from its corresponding actual 7801
dollar figure, as necessary, for that previous odd-numbered year. 7802

       If the resulting amount is less than five dollars, the 7803
secretary of state shall retain a record of the resulting amount 7804
and the manner in which it was calculated, but shall not make an 7805
adjustment unless the resulting amount, when added to the 7806
resulting amount calculated in each prior odd-numbered year since 7807
the last adjustment was made, equals or exceeds five dollars. 7808

       (B)(1) The secretary of state shall calculate the adjustment 7809
under division (A) of this section and shall report the 7810
calculations and necessary materials to the auditor of state, on 7811
or before the thirty-first day of January of each odd-numbered 7812
year. The secretary of state shall base the adjustment on the most 7813
current consumer price index that is described in division (A) of 7814
this section and that is in effect as of the first day of January 7815
of each odd-numbered year. 7816

       (2) The calculations made by the secretary of state under 7817
divisions (A) and (B)(1) of this section shall be certified by the 7818
auditor of state on or before the fifteenth day of February of 7819
each odd-numbered year. 7820

       (3) On or before the twenty-fifth day of February of each 7821
odd-numbered year, the secretary of state shall prepare a report 7822
setting forth the amount required to be deposited with a board of 7823
elections at the time a recount application is filed for each 7824
precinct to be recounted under section 3515.03 of the Revised Code 7825
and the minimum and maximum per precinct charge for a recount 7826
under section 3515.07 of the Revised Code. The report and all 7827
documents relating to the calculations contained in the report are 7828
public records. The report shall contain an indication of the 7829
period in which the deposit amounts and the minimum and maximum 7830
per precinct charges apply, a summary of how the deposit amounts 7831
and the minimum and maximum per precinct charges were calculated, 7832
and a statement that the report and all related documents are 7833
available for inspection and copying at the office of the 7834
secretary of state. 7835

       (4) On or before the twenty-fifth day of February of each 7836
odd-numbered year, the secretary of state shall transmit the 7837
report to the general assembly and shall send the report by mail 7838
to the board of elections of each county. 7839

       Sec. 3515.08. ~~The~~(A) Except as otherwise provided in this 7840
division, the nomination or election of any person to any public 7841
office or party position or the approval or rejection of any issue 7842
or question, submitted to the voters, may be contested by 7843
qualified electors of the state or a political subdivision. The 7844
nomination or election of any person to any federal office, 7845
including the office of elector for president and vice president 7846
and the office of member of congress, shall not be subject to a 7847
contest of election conducted under this chapter. Contests of the 7848
nomination or election of any person to any federal office shall 7849
be conducted in accordance with the applicable provisions of 7850
federal law. 7851

       (B) In the case of an office to be filled or an issue to be 7852
determined by the voters of the entire state, ~~or for the office of~~ 7853
~~members of congress, or~~ for judicial offices higher than that of 7854
court of common pleas, or for an office to be filled or an issue 7855
to be determined by the voters of a district larger than a county, 7856
said contest shall be heard and determined by the chief justice of 7857
the supreme court or a justice of the supreme court assigned for 7858
that purpose by the chief justice; except that in a contest for 7859
the office of chief justice of the supreme court, such contest 7860
shall be heard by a justice of such court designated by the 7861
governor. 7862

       (C) In the case of all other offices or issues, except 7863
judicial offices, such contests shall be heard and determined by a 7864
judge of the court of common pleas of the county in which the 7865
contest arose. In the case of a contest for a judicial office 7866
within a county, such contest shall be heard by the court of 7867
appeals of the district in which such county is located. If any 7868
contestant alleges prejudice on the part of the judges of the 7869
court of appeals or the court of common pleas, assigned to hear 7870
such appeal, then the chief justice of the supreme court, upon 7871
application of any such contestants and for good cause shown, may 7872
assign judges from another court to hear such contest." 7873

       Sec. 3515.13. If any contest of election involves a recount 7874
of the ballots in any precincts, the court shall immediately order 7875
the ballots of the precincts in which the recount is demanded to 7876
be sent to the court in such manner as the court designates, and 7877
such court may appoint two master commissioners of opposite 7878
political parties to supervise the making of the recount. The 7879
attorneys representing the contestor and the prosecuting attorney 7880
of the county or the attorney general or one of ~~his~~the attorney 7881
general's assistants representing the contestee shall be present 7882
at all hearings on such recount. Such commissioners shall receive 7883
ten dollars each per day and their actual traveling expenses when 7884
approved by the presiding judges. The compensation of such clerks 7885
as are deemed necessary by the court shall be determined by the 7886
court on the basis of similar compensation in other public offices 7887
for like work. Both the contestor and contestee may appoint one 7888
~~inspector~~observer who shall be allowed to see all ballots and 7889
tally sheets and ~~witness~~observe the recount. If the court finds 7890
that the difference in the count from the original count by the 7891
election authorities was the result of fraud, gross negligence, or 7892
willfulness on the part of any election officer or other person, 7893
such court shall forthwith transmit a copy of its decision and of 7894
the evidence to the prosecuting attorney of the county wherein 7895
such fraud or gross negligence was found with directions to 7896
present the same to the next grand jury in the county or to the 7897
attorney general, in the case of state or federal offices, with 7898
directions to prosecute the cases on behalf of the state. 7899

       Sec. 3517.01. (A)(1) A political party within the meaning of 7900
Title XXXV of the Revised Code is any group of voters that, at the 7901
most recent regular state election, polled for its candidate for 7902
governor in the state or nominees for presidential electors at 7903
least five per cent of the entire vote cast for that office or 7904
that filed with the secretary of state, subsequent to any election 7905
in which it received less than five per cent of that vote, a 7906
petition signed by qualified electors equal in number to at least 7907
one per cent of the total vote for governor or nominees for 7908
presidential electors at the most recent election, declaring their 7909
intention of organizing a political party, the name of which shall 7910
be stated in the declaration, and of participating in the 7911
succeeding primary election, held in even-numbered years, that 7912
occurs more than one hundred twenty days after the date of filing. 7913
No such group of electors shall assume a name or designation that 7914
is similar, in the opinion of the secretary of state, to that of 7915
an existing political party as to confuse or mislead the voters at 7916
an election. If any political party fails to cast five per cent of 7917
the total vote cast at an election for the office of governor or 7918
president, it shall cease to be a political party. 7919

       (2) A campaign committee shall be legally liable for any 7920
debts, contracts, or expenditures incurred or executed in its 7921
name. 7922

       (B) Notwithstanding the definitions found in section 3501.01 7923
of the Revised Code, as used in this section and sections 3517.08 7924
to 3517.14, 3517.99, and 3517.992 of the Revised Code: 7925

       (1) "Campaign committee" means ~~an entity that is formed by~~ a 7926
candidate or a combination of two or more persons authorized by a 7927
candidate under section 3517.081 of the Revised Code to receive 7928
contributions and make expenditures ~~and that is legally liable for~~ 7929
~~any debts, contracts, or expenditures incurred or executed in its~~ 7930
~~name~~. 7931

       (2) "Campaign treasurer" means an individual appointed by a 7932
candidate under section 3517.081 of the Revised Code. 7933

       (3) "Candidate" has the same meaning as in division (H) of 7934
section 3501.01 of the Revised Code and also includes any person 7935
who, at any time before or after an election, receives 7936
contributions or makes expenditures or other use of contributions, 7937
has given consent for another to receive contributions or make 7938
expenditures or other use of contributions, or appoints a campaign 7939
treasurer, for the purpose of bringing about the person's 7940
nomination or election to public office. When two persons jointly 7941
seek the offices of governor and lieutenant governor, "candidate" 7942
means the pair of candidates jointly. "Candidate" does not include 7943
candidates for election to the offices of member of a county or 7944
state central committee, presidential elector, and delegate to a 7945
national convention or conference of a political party. 7946

       (4) "Continuing association" means an association, other than 7947
a campaign committee, political party, legislative campaign fund, 7948
or labor organization, that is intended to be a permanent 7949
organization that has a primary purpose other than supporting or 7950
opposing specific candidates, political parties, or ballot issues, 7951
and that functions on a regular basis throughout the year. 7952
"Continuing association" includes organizations that are 7953
determined to be not organized for profit under subsection 501 and 7954
that are described in subsection 501(c)(3), 501(c)(4), or 7955
501(c)(6) of the Internal Revenue Code. 7956

       (5) "Contribution" means a loan, gift, deposit, forgiveness 7957
of indebtedness, donation, advance, payment, or transfer of funds 7958
or anything of value, including a transfer of funds from an inter 7959
vivos or testamentary trust or decedent's estate, and the payment 7960
by any person other than the person to whom the services are 7961
rendered for the personal services of another person, which 7962
contribution is made, received, or used for the purpose of 7963
influencing the results of an election. Any loan, gift, deposit, 7964
forgiveness of indebtedness, donation, advance, payment, or 7965
transfer of funds or of anything of value, including a transfer of 7966
funds from an inter vivos or testamentary trust or decedent's 7967
estate, and the payment by any campaign committee, political 7968
action committee, legislative campaign fund, political party, or 7969
person other than the person to whom the services are rendered for 7970
the personal services of another person, that is made, received, 7971
or used by a state or county political party, other than moneys a 7972
state or county political party receives from the Ohio political 7973
party fund pursuant to section 3517.17 of the Revised Code and the 7974
moneys a state or county political party may receive under 7975
sections 3517.101, 3517.1012, and 3517.1013 of the Revised Code, 7976
shall be considered to be a "contribution" for the purpose of 7977
section 3517.10 of the Revised Code and shall be included on a 7978
statement of contributions filed under that section. 7979

       "Contribution" does not include any of the following: 7980

       (a) Services provided without compensation by individuals 7981
volunteering a portion or all of their time on behalf of a person; 7982

       (b) Ordinary home hospitality; 7983

       (c) The personal expenses of a volunteer paid for by that 7984
volunteer campaign worker; 7985

       (d) Any gift given to a state or county political party 7986
pursuant to section 3517.101 of the Revised Code. As used in 7987
division (B)(5)(d) of this section, "political party" means only a 7988
major political party; 7989

       (e) Any contribution as defined in section 3517.1011 of the 7990
Revised Code that is made, received, or used to pay the direct 7991
costs of producing or airing an electioneering communication; 7992

       (f) Any gift given to a state or county political party for 7993
the party's restricted fund under division (A)(2) of section 7994
3517.1012 of the Revised Code; 7995

       (g) Any gift given to a state political party for deposit in 7996
a ~~levin~~Levin account pursuant to section 3517.1013 of the Revised 7997
Code. As used in this division, "~~levin~~Levin account" has the same 7998
meaning as in that section. 7999

       (6) "Expenditure" means the disbursement or use of a 8000
contribution for the purpose of influencing the results of an 8001
election or of making a charitable donation under division (G) of 8002
section 3517.08 of the Revised Code. Any disbursement or use of a 8003
contribution by a state or county political party is an 8004
expenditure and shall be considered either to be made for the 8005
purpose of influencing the results of an election or to be made as 8006
a charitable donation under division (G) of section 3517.08 of the 8007
Revised Code and shall be reported on a statement of expenditures 8008
filed under section 3517.10 of the Revised Code. During the thirty 8009
days preceding a primary or general election, any disbursement to 8010
pay the direct costs of producing or airing a broadcast, cable, or 8011
satellite communication that refers to a clearly identified 8012
candidate shall be considered to be made for the purpose of 8013
influencing the results of that election and shall be reported as 8014
an expenditure or as an independent expenditure under section 8015
3517.10 or 3517.105 of the Revised Code, as applicable, except 8016
that the information required to be reported regarding 8017
contributors for those expenditures or independent expenditures 8018
shall be the same as the information required to be reported under 8019
~~division~~divisions (D)(1) and (2) of section 3517.1011 of the 8020
Revised Code. 8021

       As used in this division, "broadcast, cable, or satellite 8022
communication" and "refers to a clearly identified candidate" have 8023
the same meanings as in section 3517.1011 of the Revised Code. 8024

       (7) "Personal expenses" includes, but is not limited to, 8025
ordinary expenses for accommodations, clothing, food, personal 8026
motor vehicle or airplane, and home telephone. 8027

       (8) "Political action committee" means a combination of two 8028
or more persons, the primary or major purpose of which is to 8029
support or oppose any candidate, political party, or issue, or to 8030
influence the result of any election through express advocacy, and 8031
that is not a political party, a campaign committee, or a 8032
legislative campaign fund. "Political action committee" does not 8033
include a continuing association that makes disbursements for the 8034
direct costs of producing or airing electioneering communications 8035
and that does not engage in express advocacy. 8036

       (9) "Public office" means any state, county, municipal, 8037
township, or district office, except an office of a political 8038
party, that is filled by an election and the offices of United 8039
States senator and representative. 8040

       (10) "Anything of value" has the same meaning as in section 8041
1.03 of the Revised Code. 8042

       (11) "Beneficiary of a campaign fund" means a candidate, a 8043
public official or employee for whose benefit a campaign fund 8044
exists, and any other person who has ever been a candidate or 8045
public official or employee and for whose benefit a campaign fund 8046
exists. 8047

       (12) "Campaign fund" means money or other property, including 8048
contributions. 8049

       (13) "Public official or employee" has the same meaning as in 8050
section 102.01 of the Revised Code. 8051

       (14) "Caucus" means all of the members of the house of 8052
representatives or all of the members of the senate of the general 8053
assembly who are members of the same political party. 8054

       (15) "Legislative campaign fund" means a fund that is 8055
established as an auxiliary of a state political party and 8056
associated with one of the houses of the general assembly. 8057

       (16) "In-kind contribution" means anything of value other 8058
than money that is used to influence the results of an election or 8059
is transferred to or used in support of or in opposition to a 8060
candidate, campaign committee, legislative campaign fund, 8061
political party, or political action committee and that is made 8062
with the consent of, in coordination, cooperation, or consultation 8063
with, or at the request or suggestion of the benefited candidate, 8064
committee, fund, or party. The financing of the dissemination, 8065
distribution, or republication, in whole or part, of any broadcast 8066
or of any written, graphic, or other form of campaign materials 8067
prepared by the candidate, the candidate's campaign committee, or 8068
their authorized agents is an in-kind contribution to the 8069
candidate and an expenditure by the candidate. 8070

       (17) "Independent expenditure" means an expenditure by a 8071
person advocating the election or defeat of an identified 8072
candidate or candidates, that is not made with the consent of, in 8073
coordination, cooperation, or consultation with, or at the request 8074
or suggestion of any candidate or candidates or of the campaign 8075
committee or agent of the candidate or candidates. As used in 8076
division (B)(17) of this section: 8077

       (a) "Person" means an individual, partnership, unincorporated 8078
business organization or association, political action committee, 8079
separate segregated fund, association, or other organization or 8080
group of persons, but not a labor organization or a corporation. 8081

       (b) "Advocating" means any communication containing a message 8082
advocating election or defeat. 8083

       (c) "Identified candidate" means that the name of the 8084
candidate appears, a photograph or drawing of the candidate 8085
appears, or the identity of the candidate is otherwise apparent by 8086
unambiguous reference. 8087

       (d) "Made in coordination, cooperation, or consultation with, 8088
or at the request or suggestion of, any candidate or the campaign 8089
committee or agent of the candidate" means made pursuant to any 8090
arrangement, coordination, or direction by the candidate, the 8091
candidate's campaign committee, or the candidate's agent prior to 8092
the publication, distribution, display, or broadcast of the 8093
communication. An expenditure is presumed to be so made when it is 8094
any of the following: 8095

       (i) Based on information about the candidate's plans, 8096
projects, or needs provided to the person making the expenditure 8097
by the candidate, or by the candidate's campaign committee or 8098
agent, with a view toward having an expenditure made; 8099

       (ii) Made by or through any person who is, or has been, 8100
authorized to raise or expend funds, who is, or has been, an 8101
officer of the candidate's campaign committee, or who is, or has 8102
been, receiving any form of compensation or reimbursement from the 8103
candidate or the candidate's campaign committee or agent; 8104

       (iii) Except as otherwise provided in division (D) of section 8105
3517.105 of the Revised Code, made by a political party in support 8106
of a candidate, unless the expenditure is made by a political 8107
party to conduct voter registration or voter education efforts. 8108

       (e) "Agent" means any person who has actual oral or written 8109
authority, either express or implied, to make or to authorize the 8110
making of expenditures on behalf of a candidate, or means any 8111
person who has been placed in a position with the candidate's 8112
campaign committee or organization such that it would reasonably 8113
appear that in the ordinary course of campaign-related activities 8114
the person may authorize expenditures. 8115

       (18) "Labor organization" means a labor union; an employee 8116
organization; a federation of labor unions, groups, locals, or 8117
other employee organizations; an auxiliary of a labor union, 8118
employee organization, or federation of labor unions, groups, 8119
locals, or other employee organizations; or any other bona fide 8120
organization in which employees participate and that exists for 8121
the purpose, in whole or in part, of dealing with employers 8122
concerning grievances, labor disputes, wages, hours, and other 8123
terms and conditions of employment. 8124

       (19) "Separate segregated fund" means a separate segregated 8125
fund established pursuant to the Federal Election Campaign Act. 8126

       (20) "Federal Election Campaign Act" means the "Federal 8127
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et 8128
seq., as amended. 8129

       (21) "Restricted fund" means the fund a state or county 8130
political party must establish under division (A)(1) of section 8131
3517.1012 of the Revised Code. 8132

       (22) "Electioneering communication" has the same meaning as 8133
in section 3517.1011 of the Revised Code. 8134

       (23) "Express advocacy" means a communication that contains 8135
express words advocating the nomination, election, or defeat of a 8136
candidate or that contains express words advocating the adoption 8137
or defeat of a question or issue, as determined by a final 8138
judgment of a court of competent jurisdiction. 8139

       (24) "Political committee" has the same meaning as in section 8140
3517.1011 of the Revised Code. 8141

       Sec. 3517.10. (A) Except as otherwise provided in this 8142
division, every campaign committee, political action committee, 8143
legislative campaign fund, and political party that made or 8144
received a contribution or made an expenditure in connection with 8145
the nomination or election of any candidate or in connection with 8146
any ballot issue or question at any election held or to be held in 8147
this state shall file, on a form prescribed under this section or 8148
by electronic means of transmission as provided in this section 8149
and section 3517.106 of the Revised Code, a full, true, and 8150
itemized statement, made under penalty of election falsification, 8151
setting forth in detail the contributions and expenditures, not 8152
later than four p.m. of the following dates: 8153

       (1) The twelfth day before the election to reflect 8154
contributions received and expenditures made from the close of 8155
business on the last day reflected in the last previously filed 8156
statement, if any, to the close of business on the twentieth day 8157
before the election; 8158

       (2) The thirty-eighth day after the election to reflect the 8159
contributions received and expenditures made from the close of 8160
business on the last day reflected in the last previously filed 8161
statement, if any, to the close of business on the seventh day 8162
before the filing of the statement; 8163

       (3) The last business day of January of every year to reflect 8164
the contributions received and expenditures made from the close of 8165
business on the last day reflected in the last previously filed 8166
statement, if any, to the close of business on the last day of 8167
December of the previous year; 8168

       (4) The last business day of July of every year to reflect 8169
the contributions received and expenditures made from the close of 8170
business on the last day reflected in the last previously filed 8171
statement, if any, to the close of business on the last day of 8172
June of that year. 8173

       A campaign committee shall only be required to file the 8174
statements prescribed under divisions (A)(1) and (2) of this 8175
section in connection with the nomination or election of the 8176
committee's candidate. 8177

       The statement required under division (A)(1) of this section 8178
shall not be required of any campaign committee, political action 8179
committee, legislative campaign fund, or political party that has 8180
received contributions of less than one thousand dollars and has 8181
made expenditures of less than one thousand dollars at the close 8182
of business on the twentieth day before the election. Those 8183
contributions and expenditures shall be reported in the statement 8184
required under division (A)(2) of this section. 8185

       If an election to select candidates to appear on the general 8186
election ballot is held within sixty days before a general 8187
election, the campaign committee of a successful candidate in the 8188
earlier election may file the statement required by division 8189
(A)(1) of this section for the general election instead of the 8190
statement required by division (A)(2) of this section for the 8191
earlier election if the pregeneral election statement reflects the 8192
status of contributions and expenditures for the period twenty 8193
days before the earlier election to twenty days before the general 8194
election. 8195

       If a person becomes a candidate less than twenty days before 8196
an election, the candidate's campaign committee is not required to 8197
file the statement required by division (A)(1) of this section. 8198

       No statement under division (A)(3) ~~or (4)~~ of this section 8199
shall be required for any year in which a campaign committee, 8200
political action committee, legislative campaign fund, or 8201
political party is required to file a postgeneral election 8202
statement under division (A)(2) of this section. However, such a 8203
statement may be filed, at the option of the campaign committee, 8204
political action committee, legislative campaign fund, or 8205
political party. 8206

       A campaign committee is required to file a statement under 8207
division (A)(4) of this section only if the campaign committee is 8208
the campaign committee of a statewide candidate or the campaign 8209
committee of a candidate for county office. No statement under 8210
division (A)(4) of this section shall be required of a campaign 8211
committee of a statewide candidate or of a campaign committee of a 8212
candidate for county office for any year in which the campaign 8213
committee is required to file a postprimary election statement 8214
under division (A)(2) of this section. However, such a statement 8215
may be filed at the option of the campaign committee. 8216

       No statement under division (A)(3) or (4) of this section 8217
shall be required if the campaign committee, political action 8218
committee, legislative campaign fund, or political party has no 8219
contributions that it has received and no expenditures that it has 8220
made since the last date reflected in its last previously filed 8221
statement. However, the campaign committee, political action 8222
committee, legislative campaign fund, or political party shall 8223
file a statement to that effect, on a form prescribed under this 8224
section and made under penalty of election falsification, on the 8225
date required in division (A)(3) or (4) of this section, as 8226
applicable. 8227

       The campaign committee of a statewide candidate shall file a 8228
monthly statement of contributions received during each of the 8229
months of July, August, and September in the year of the general 8230
election in which the candidate seeks office. The campaign 8231
committee of a statewide candidate shall file the monthly 8232
statement not later than three business days after the last day of 8233
the month covered by the statement. During the period beginning on 8234
the nineteenth day before the general election in which a 8235
statewide candidate seeks election to office and extending through 8236
the day of that general election, each time the campaign committee 8237
of the joint candidates for the offices of governor and lieutenant 8238
governor or of a candidate for the office of secretary of state, 8239
auditor of state, treasurer of state, or attorney general receives 8240
a contribution from a contributor that causes the aggregate amount 8241
of contributions received from that contributor during that period 8242
to equal or exceed ten thousand dollars and each time the campaign 8243
committee of a candidate for the office of chief justice or 8244
justice of the supreme court receives a contribution from a 8245
contributor that causes the aggregate amount of contributions 8246
received from that contributor during that period to exceed ten 8247
thousand dollars, the campaign committee shall file a 8248
two-business-day statement reflecting that contribution. During 8249
the period beginning on the nineteenth day before a primary 8250
election in which a candidate for statewide office seeks 8251
nomination to office and extending through the day of that primary 8252
election, each time either the campaign committee of a statewide 8253
candidate in that primary election that files a notice under 8254
division (C)(1) of section 3517.103 of the Revised Code or the 8255
campaign committee of a statewide candidate in that primary 8256
election to which, in accordance with division (D) of section 8257
3517.103 of the Revised Code, the contribution limitations 8258
prescribed in section 3517.102 of the Revised Code no longer apply 8259
receives a contribution from a contributor that causes the 8260
aggregate amount of contributions received from that contributor 8261
during that period to exceed ten thousand dollars, the campaign 8262
committee shall file a two-business-day statement reflecting that 8263
contribution. Contributions reported on a two-business-day 8264
statement required to be filed by a campaign committee of a 8265
statewide candidate in a primary election shall also be included 8266
in the postprimary election statement required to be filed by that 8267
campaign committee under division (A)(2) of this section. A 8268
two-business-day statement required by this paragraph shall be 8269
filed not later than two business days after receipt of the 8270
contribution. The statements required by this paragraph shall be 8271
filed in addition to any other statements required by this 8272
section. 8273

       Subject to the secretary of state having implemented, tested, 8274
and verified the successful operation of any system the secretary 8275
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of 8276
this section and division (H)(1) of section 3517.106 of the 8277
Revised Code for the filing of campaign finance statements by 8278
electronic means of transmission, a campaign committee of a 8279
statewide candidate shall file a two-business-day statement under 8280
the preceding paragraph by electronic means of transmission if the 8281
campaign committee is required to file a pre-election, 8282
postelection, or monthly statement of contributions and 8283
expenditures by electronic means of transmission under this 8284
section or section 3517.106 of the Revised Code. 8285

       If a campaign committee or political action committee has no 8286
balance on hand and no outstanding obligations and desires to 8287
terminate itself, it shall file a statement to that effect, on a 8288
form prescribed under this section and made under penalty of 8289
election falsification, with the official with whom it files a 8290
statement under division (A) of this section after filing a final 8291
statement of contributions and a final statement of expenditures, 8292
if contributions have been received or expenditures made since the 8293
period reflected in its last previously filed statement. 8294

       (B) Except as otherwise provided in division (C)(7) of this 8295
section, each statement required by division (A) of this section 8296
shall contain the following information: 8297

       (1) The full name and address of each campaign committee, 8298
political action committee, legislative campaign fund, or 8299
political party, including any treasurer of the committee, fund, 8300
or party, filing a contribution and expenditure statement; 8301

       (2)(a) In the case of a campaign committee, the candidate's 8302
full name and address; 8303

       (b) In the case of a political action committee, the 8304
registration number assigned to the committee under division 8305
(D)(1) of this section. 8306

       (3) The date of the election and whether it was or will be a 8307
general, primary, or special election; 8308

       (4) A statement of contributions received, which shall 8309
include the following information: 8310

       (a) The month, day, and year of the contribution; 8311

       (b)(i) The full name and address of each person, political 8312
party, campaign committee, legislative campaign fund, or political 8313
action committee from whom contributions are received and the 8314
registration number assigned to the political action committee 8315
under division (D)(1) of this section. The requirement of filing 8316
the full address does not apply to any statement filed by a state 8317
or local committee of a political party, to a finance committee of 8318
such committee, or to a committee recognized by a state or local 8319
committee as its fund-raising auxiliary. Notwithstanding division 8320
(F) of this section, the requirement of filing the full address 8321
shall be considered as being met if the address filed is the same 8322
address the contributor provided under division (E)(1) of this 8323
section. 8324

       (ii) If a political action committee, legislative campaign 8325
fund, or political party that is required to file campaign finance 8326
statements by electronic means of transmission under section 8327
3517.106 of the Revised Code or a campaign committee of a 8328
statewide candidate or candidate for the office of member of the 8329
general assembly receives a contribution from an individual that 8330
exceeds one hundred dollars, the name of the individual's current 8331
employer, if any, or, if the individual is self-employed, the 8332
individual's occupation and the name of the individual's business, 8333
if any; 8334

       (iii) If a campaign committee of a statewide candidate or 8335
candidate for the office of member of the general assembly 8336
receives a contribution transmitted pursuant to section 3599.031 8337
of the Revised Code from amounts deducted from the wages and 8338
salaries of two or more employees that exceeds in the aggregate 8339
one hundred dollars during any one filing period under division 8340
(A)(1), (2), (3), or (4) of this section, the full name of the 8341
employees' employer and the full name of the labor organization of 8342
which the employees are members, if any. 8343

       (c) A description of the contribution received, if other than 8344
money; 8345

       (d) The value in dollars and cents of the contribution; 8346

       (e) A separately itemized account of all contributions and 8347
expenditures regardless of the amount, except a receipt of a 8348
contribution from a person in the sum of twenty-five dollars or 8349
less at one social or fund-raising activity and a receipt of a 8350
contribution transmitted pursuant to section 3599.031 of the 8351
Revised Code from amounts deducted from the wages and salaries of 8352
employees if the contribution from the amount deducted from the 8353
wages and salary of any one employee is twenty-five dollars or 8354
less aggregated in a calendar year. An account of the total 8355
contributions from each social or fund-raising activity shall 8356
include a description of and the value of each in-kind 8357
contribution received at that activity from any person who made 8358
one or more such contributions whose aggregate value exceeded two 8359
hundred fifty dollars and shall be listed separately, together 8360
with the expenses incurred and paid in connection with that 8361
activity. A campaign committee, political action committee, 8362
legislative campaign fund, or political party shall keep records 8363
of contributions from each person in the amount of twenty-five 8364
dollars or less at one social or fund-raising activity and 8365
contributions from amounts deducted under section 3599.031 of the 8366
Revised Code from the wages and salary of each employee in the 8367
amount of twenty-five dollars or less aggregated in a calendar 8368
year. No continuing association that is recognized by a state or 8369
local committee of a political party as an auxiliary of the party 8370
and that makes a contribution from funds derived solely from 8371
regular dues paid by members of the auxiliary shall be required to 8372
list the name or address of any members who paid those dues. 8373

       Contributions that are other income shall be itemized 8374
separately from all other contributions. The information required 8375
under division (B)(4) of this section shall be provided for all 8376
other income itemized. As used in this paragraph, "other income" 8377
means a loan, investment income, or interest income. 8378

       (f) In the case of a campaign committee of a state elected 8379
officer, if a person doing business with the state elected officer 8380
in the officer's official capacity makes a contribution to the 8381
campaign committee of that officer, the information required under 8382
division (B)(4) of this section in regard to that contribution, 8383
which shall be filed together with and considered a part of the 8384
committee's statement of contributions as required under division 8385
(A) of this section but shall be filed on a separate form provided 8386
by the secretary of state. As used in this division: 8387

       (i) "State elected officer" has the same meaning as in 8388
section 3517.092 of the Revised Code. 8389

       (ii) "Person doing business" means a person or an officer of 8390
an entity who enters into one or more contracts with a state 8391
elected officer or anyone authorized to enter into contracts on 8392
behalf of that officer to receive payments for goods or services, 8393
if the payments total, in the aggregate, more than five thousand 8394
dollars during a calendar year. 8395

       (5) A statement of expenditures which shall include the 8396
following information: 8397

       (a) The month, day, and year of the expenditure; 8398

       (b) The full name and address of each person, political 8399
party, campaign committee, legislative campaign fund, or political 8400
action committee to whom the expenditure was made and the 8401
registration number assigned to the political action committee 8402
under division (D)(1) of this section; 8403

       (c) The object or purpose for which the expenditure was made; 8404

       (d) The amount of each expenditure. 8405

       (C)(1) The statement of contributions and expenditures shall 8406
be signed by the person completing the form. If a statement of 8407
contributions and expenditures is filed by electronic means of 8408
transmission pursuant to this section or section 3517.106 of the 8409
Revised Code, the electronic signature of the person who executes 8410
the statement and transmits the statement by electronic means of 8411
transmission, as provided in division (H) of section 3517.106 of 8412
the Revised Code, shall be attached to or associated with the 8413
statement and shall be binding on all persons and for all purposes 8414
under the campaign finance reporting law as if the signature had 8415
been handwritten in ink on a printed form. 8416

       (2) The person filing the statement, under penalty of 8417
election falsification, shall include with it a list of each 8418
anonymous contribution, the circumstances under which it was 8419
received, and the reason it cannot be attributed to a specific 8420
donor. 8421

       (3) Each statement of a campaign committee of a candidate who 8422
holds public office shall contain a designation of each 8423
contributor who is an employee in any unit or department under the 8424
candidate's direct supervision and control. In a space provided in 8425
the statement, the person filing the statement shall affirm that 8426
each such contribution was voluntarily made. 8427

       (4) A campaign committee that did not receive contributions 8428
or make expenditures in connection with the nomination or election 8429
of its candidate shall file a statement to that effect, on a form 8430
prescribed under this section and made under penalty of election 8431
falsification, on the date required in division (A)(2) of this 8432
section. 8433

       (5) The campaign committee of any person who attempts to 8434
become a candidate and who, for any reason, does not become 8435
certified in accordance with Title XXXV of the Revised Code for 8436
placement on the official ballot of a primary, general, or special 8437
election to be held in this state, and who, at any time prior to 8438
or after an election, receives contributions or makes 8439
expenditures, or has given consent for another to receive 8440
contributions or make expenditures, for the purpose of bringing 8441
about the person's nomination or election to public office, shall 8442
file the statement or statements prescribed by this section and a 8443
termination statement, if applicable. Division (C)(5) of this 8444
section does not apply to any person with respect to an election 8445
to the offices of member of a county or state central committee, 8446
presidential elector, or delegate to a national convention or 8447
conference of a political party. 8448

       (6)(a) The statements required to be filed under this section 8449
shall specify the balance in the hands of the campaign committee, 8450
political action committee, legislative campaign fund, or 8451
political party and the disposition intended to be made of that 8452
balance. 8453

       (b) The secretary of state shall prescribe the form for all 8454
statements required to be filed under this section and shall 8455
furnish the forms to the boards of elections in the several 8456
counties. The boards of elections shall supply printed copies of 8457
those forms without charge. The secretary of state shall prescribe 8458
the appropriate methodology, protocol, and data file structure for 8459
statements required or permitted to be filed by electronic means 8460
of transmission under division (A) of this section, divisions (E), 8461
(F), and (G) of section 3517.106, division (D) of section 8462
3517.1011, division (B) of section 3517.1012, and division (C) of 8463
section 3517.1013 of the Revised Code. Subject to division (A) of 8464
this section, divisions (E), (F), and (G) of section 3517.106, 8465
division (D) of section 3517.1011, division (B) of section 8466
3517.1012, and division (C) of section 3517.1013 of the Revised 8467
Code, the statements required to be stored on computer by the 8468
secretary of state under division (B) of section 3517.106 of the 8469
Revised Code shall be filed in whatever format the secretary of 8470
state considers necessary to enable the secretary of state to 8471
store the information contained in the statements on computer. Any 8472
such format shall be of a type and nature that is readily 8473
available to whoever is required to file the statements in that 8474
format. 8475

       (c) The secretary of state shall assess the need for training 8476
regarding the filing of campaign finance statements by electronic 8477
means of transmission and regarding associated technologies for 8478
candidates, campaign committees, political action committees, 8479
legislative campaign funds, or political parties, for individuals, 8480
partnerships, or other entities, or for persons making 8481
disbursements to pay the direct costs of producing or airing 8482
electioneering communications, required or permitted to file 8483
statements by electronic means of transmission under this section 8484
or section 3517.105, 3517.106, 3517.1011, 3517.1012, or 3517.1013 8485
of the Revised Code. If, in the opinion of the secretary of state, 8486
training in these areas is necessary, the secretary of state shall 8487
arrange for the provision of voluntary training programs for 8488
candidates, campaign committees, political action committees, 8489
legislative campaign funds, or political parties, for individuals, 8490
partnerships, and other entities, or for persons making 8491
disbursements to pay the direct costs of producing or airing 8492
electioneering communications, as appropriate. 8493

       (7) Each monthly statement and each two-business-day 8494
statement required by division (A) of this section shall contain 8495
the information required by divisions (B)(1) to (4), (C)(2), and, 8496
if appropriate, (C)(3) of this section. Each statement shall be 8497
signed as required by division (C)(1) of this section. 8498

       (D)(1) Prior to receiving a contribution or making an 8499
expenditure, every campaign committee, political action committee, 8500
legislative campaign fund, or political party shall appoint a 8501
treasurer and shall file, on a form prescribed by the secretary of 8502
state, a designation of that appointment, including the full name 8503
and address of the treasurer and of the campaign committee, 8504
political action committee, legislative campaign fund, or 8505
political party. That designation shall be filed with the official 8506
with whom the campaign committee, political action committee, 8507
legislative campaign fund, or political party is required to file 8508
statements under section 3517.11 of the Revised Code. The name of 8509
a campaign committee shall include at least the last name of the 8510
campaign committee's candidate. The secretary of state shall 8511
assign a registration number to each political action committee 8512
that files a designation of the appointment of a treasurer under 8513
this division if the political action committee is required by 8514
division (A)(1) of section 3517.11 of the Revised Code to file the 8515
statements prescribed by this section with the secretary of state. 8516

       (2) The treasurer appointed under division (D)(1) of this 8517
section shall keep a strict account of all contributions, from 8518
whom received and the purpose for which they were disbursed. 8519

       (3)(a) Except as otherwise provided in section 3517.108 of 8520
the Revised Code, a campaign committee shall deposit all monetary 8521
contributions received by the committee into an account separate 8522
from a personal or business account of the candidate or campaign 8523
committee. 8524

       (b) A political action committee shall deposit all monetary 8525
contributions received by the committee into an account separate 8526
from all other funds. 8527

       (c) A state or county political party may establish a state 8528
candidate fund that is separate from an account that contains the 8529
public moneys received from the Ohio political party fund under 8530
section 3517.17 of the Revised Code and from all other funds. A 8531
state or county political party may deposit into its state 8532
candidate fund any amounts of monetary contributions that are made 8533
to or accepted by the political party subject to the applicable 8534
limitations, if any, prescribed in section 3517.102 of the Revised 8535
Code. A state or county political party shall deposit all other 8536
monetary contributions received by the party into one or more 8537
accounts that are separate from its state candidate fund and from 8538
its account that contains the public moneys received from the Ohio 8539
political party fund under section 3517.17 of the Revised Code. 8540

       (d) Each state political party shall have only one 8541
legislative campaign fund for each house of the general assembly. 8542
Each such fund shall be separate from any other funds or accounts 8543
of that state party. A legislative campaign fund is authorized to 8544
receive contributions and make expenditures for the primary 8545
purpose of furthering the election of candidates who are members 8546
of that political party to the house of the general assembly with 8547
which that legislative campaign fund is associated. Each 8548
legislative campaign fund shall be administered and controlled in 8549
a manner designated by the caucus. As used in this division, 8550
"caucus" has the same meaning as in section 3517.01 of the Revised 8551
Code and includes, as an ex officio member, the chairperson of the 8552
state political party with which the caucus is associated or that 8553
chairperson's designee. 8554

       (4) Every expenditure in excess of twenty-five dollars shall 8555
be vouched for by a receipted bill, stating the purpose of the 8556
expenditure, that shall be filed with the statement of 8557
expenditures. A canceled check with a notation of the purpose of 8558
the expenditure is a receipted bill for purposes of division 8559
(D)(4) of this section. 8560

       (5) The secretary of state or the board of elections, as the 8561
case may be, shall issue a receipt for each statement filed under 8562
this section and shall preserve a copy of the receipt for a period 8563
of at least six years. All statements filed under this section 8564
shall be open to public inspection in the office where they are 8565
filed and shall be carefully preserved for a period of at least 8566
six years after the year in which they are filed. 8567

       (6) The secretary of state, by rule adopted pursuant to 8568
section 3517.23 of the Revised Code, shall prescribe both of the 8569
following: 8570

       (a) The manner of immediately acknowledging, with date and 8571
time received, and preserving the receipt of statements that are 8572
transmitted by electronic means of transmission to the secretary 8573
of state pursuant to this section or section 3517.106, 3517.1011, 8574
3517.1012, or 3517.1013 of the Revised Code; 8575

       (b) The manner of preserving the contribution and 8576
expenditure, contribution and disbursement, deposit and 8577
disbursement, or gift and disbursement information in the 8578
statements described in division (D)(6)(a) of this section. The 8579
secretary of state shall preserve the contribution and 8580
expenditure, contribution and disbursement, deposit and 8581
disbursement, or gift and disbursement information in those 8582
statements for at least ten years after the year in which they are 8583
filed by electronic means of transmission. 8584

       (7) The secretary of state, pursuant to division (I) of 8585
section 3517.106 of the Revised Code, shall make available online 8586
to the public through the internet the contribution and 8587
expenditure, contribution and disbursement, deposit and 8588
disbursement, or gift and disbursement information in all 8589
statements, all addenda, amendments, or other corrections to 8590
statements, and all amended statements filed with the secretary of 8591
state by electronic or other means of transmission under this 8592
section, division (B)(2)(b) or (C)(2)(b) of section 3517.105, or 8593
section 3517.106, 3517.1011, 3517.1012, 3517.1013, or 3517.11 of 8594
the Revised Code. The secretary of state may remove the 8595
information from the internet after a reasonable period of time. 8596

       (E)(1) Any person, political party, campaign committee, 8597
legislative campaign fund, or political action committee that 8598
makes a contribution in connection with the nomination or election 8599
of any candidate or in connection with any ballot issue or 8600
question at any election held or to be held in this state shall 8601
provide its full name and address to the recipient of the 8602
contribution at the time the contribution is made. The political 8603
action committee also shall provide the registration number 8604
assigned to the committee under division (D)(1) of this section to 8605
the recipient of the contribution at the time the contribution is 8606
made. 8607

       (2) Any individual who makes a contribution that exceeds one 8608
hundred dollars to a political action committee, legislative 8609
campaign fund, or political party or to a campaign committee of a 8610
statewide candidate or candidate for the office of member of the 8611
general assembly shall provide the name of the individual's 8612
current employer, if any, or, if the individual is self-employed, 8613
the individual's occupation and the name of the individual's 8614
business, if any, to the recipient of the contribution at the time 8615
the contribution is made. Sections 3599.39 and 3599.40 of the 8616
Revised Code do not apply to division (E)(2) of this section. 8617

       (3) If a campaign committee shows that it has exercised its 8618
best efforts to obtain, maintain, and submit the information 8619
required under divisions (B)(4)(b)(ii) and (iii) of this section, 8620
that committee is considered to have met the requirements of those 8621
divisions. A campaign committee shall not be considered to have 8622
exercised its best efforts unless, in connection with written 8623
solicitations, it regularly includes a written request for the 8624
information required under division (B)(4)(b)(ii) of this section 8625
from the contributor or the information required under division 8626
(B)(4)(b)(iii) of this section from whoever transmits the 8627
contribution. 8628

       (4) Any check that a political action committee uses to make 8629
a contribution or an expenditure shall contain the full name and 8630
address of the committee and the registration number assigned to 8631
the committee under division (D)(1) of this section. 8632

       (F) As used in this section: 8633

       (1)(a) Except as otherwise provided in division (F)(1) of 8634
this section, "address" means all of the following if they exist: 8635
apartment number, street, road, or highway name and number, rural 8636
delivery route number, city or village, state, and zip code as 8637
used in a person's post-office address, but not post-office box. 8638

        (b) Except as otherwise provided in division (F)(1) of this 8639
section, if an address is required in this section, a post-office 8640
box and office, room, or suite number may be included in addition 8641
to, but not in lieu of, an apartment, street, road, or highway 8642
name and number. 8643

        (c) If an address is required in this section, a campaign 8644
committee, political action committee, legislative campaign fund, 8645
or political party may use the business or residence address of 8646
its treasurer or deputy treasurer. The post-office box number of 8647
the campaign committee, political action committee, legislative 8648
campaign fund, or political party may be used in addition to that 8649
address. 8650

       (d) For the sole purpose of a campaign committee's reporting 8651
of contributions on a statement of contributions received under 8652
division (B)(4) of this section, "address" has one of the 8653
following meanings at the option of the campaign committee: 8654

       (i) The same meaning as in division (F)(1)(a) of this 8655
section; 8656

       (ii) All of the following, if they exist: the contributor's 8657
post-office box number and city or village, state, and zip code as 8658
used in the contributor's post-office address. 8659

       (e) As used with regard to the reporting under this section 8660
of any expenditure, "address" means all of the following if they 8661
exist: apartment number, street, road, or highway name and number, 8662
rural delivery route number, city or village, state, and zip code 8663
as used in a person's post-office address, or post-office box. If 8664
an address concerning any expenditure is required in this section, 8665
a campaign committee, political action committee, legislative 8666
campaign fund, or political party may use the business or 8667
residence address of its treasurer or deputy treasurer or its 8668
post-office box number. 8669

       (2) "Statewide candidate" means the joint candidates for the 8670
offices of governor and lieutenant governor or a candidate for the 8671
office of secretary of state, auditor of state, treasurer of 8672
state, attorney general, member of the state board of education, 8673
chief justice of the supreme court, or justice of the supreme 8674
court. 8675

       (3) "Candidate for county office" means a candidate for the 8676
office of county auditor, county treasurer, clerk of the court of 8677
common pleas, judge of the court of common pleas, sheriff, county 8678
recorder, county engineer, county commissioner, prosecuting 8679
attorney, and coroner. 8680

       (G) An independent expenditure shall be reported whenever and 8681
in the same manner that an expenditure is required to be reported 8682
under this section and shall be reported pursuant to division 8683
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code. 8684

       (H)(1) Except as otherwise provided in division (H)(2) of 8685
this section, if, during the combined pre-election and 8686
postelection reporting periods for an election, a campaign 8687
committee has received contributions of five hundred dollars or 8688
less and has made expenditures in the total amount of five hundred 8689
dollars or less, it may file a statement to that effect, under 8690
penalty of election falsification, in lieu of the statement 8691
required by division (A)(2) of this section. The statement shall 8692
indicate the total amount of contributions received and the total 8693
amount of expenditures made during those combined reporting 8694
periods. 8695

       (2) In the case of a successful candidate at a primary 8696
election, if either the total contributions received by or the 8697
total expenditures made by the candidate's campaign committee 8698
during the preprimary, postprimary, pregeneral, and postgeneral 8699
election periods combined equal more than five hundred dollars, 8700
the campaign committee may file the statement under division 8701
(H)(1) of this section only for the primary election. The first 8702
statement that the campaign committee files in regard to the 8703
general election shall reflect all contributions received and all 8704
expenditures made during the preprimary and postprimary election 8705
periods. 8706

       (3) Divisions (H)(1) and (2) of this section do not apply if 8707
a campaign committee receives contributions or makes expenditures 8708
prior to the first day of January of the year of the election at 8709
which the candidate seeks nomination or election to office or if 8710
the campaign committee does not file a termination statement with 8711
its postprimary election statement in the case of an unsuccessful 8712
primary election candidate or with its postgeneral election 8713
statement in the case of other candidates. 8714

       (I) In the case of a contribution made by a partner of a 8715
partnership or an owner or a member of another unincorporated 8716
business from any funds of the partnership or other unincorporated 8717
business, all of the following apply: 8718

       (1) The recipient of the contribution shall report the 8719
contribution by listing both the partnership or other 8720
unincorporated business and the name of the partner, owner, or 8721
member making the contribution. 8722

       (2) For purposes of section 3517.102 of the Revised Code, the 8723
contribution shall be considered to have been made by the partner, 8724
owner, or member reported under division (I)(1) of this section. 8725

       (3) No contribution from a partner of a partnership or an 8726
owner or a member of another unincorporated business shall be 8727
accepted from any funds of the partnership or other unincorporated 8728
business unless the recipient reports the contribution under 8729
division (I)(1) of this section. 8730

       (4) No partnership or other unincorporated business shall 8731
make a contribution or contributions solely in the name of the 8732
partnership or other unincorporated business. 8733

       (5) As used in division (I) of this section, "partnership or 8734
other unincorporated business" includes, but is not limited to, a 8735
cooperative, a sole proprietorship, a general partnership, a 8736
limited partnership, a limited partnership association, a limited 8737
liability partnership, and a limited liability company. 8738

       (J) A candidate shall have only one campaign committee at any 8739
given time for all of the offices for which the person is a 8740
candidate or holds office. 8741

       (K)(1) In addition to filing a designation of appointment of 8742
a treasurer under division (D)(1) of this section, the campaign 8743
committee of any candidate for an elected municipal office that 8744
pays an annual amount of compensation of five thousand dollars or 8745
less, the campaign committee of any candidate for member of a 8746
board of education except member of the state board of education, 8747
or the campaign committee of any candidate for township trustee or 8748
township clerk may sign, under penalty of election falsification, 8749
a certificate attesting that the committee will not accept 8750
contributions during an election period that exceed in the 8751
aggregate two thousand dollars from all contributors and one 8752
hundred dollars from any one individual, and that the campaign 8753
committee will not make expenditures during an election period 8754
that exceed in the aggregate two thousand dollars. 8755

       The certificate shall be on a form prescribed by the 8756
secretary of state and shall be filed not later than ten days 8757
after the candidate files a declaration of candidacy and petition, 8758
a nominating petition, or a declaration of intent to be a write-in 8759
candidate. 8760

       (2) Except as otherwise provided in division (K)(3) of this 8761
section, a campaign committee that files a certificate under 8762
division (K)(1) of this section is not required to file the 8763
statements required by division (A) of this section. 8764

       (3) If, after filing a certificate under division (K)(1) of 8765
this section, a campaign committee exceeds any of the limitations 8766
described in that division during an election period, the 8767
certificate is void and thereafter the campaign committee shall 8768
file the statements required by division (A) of this section. If 8769
the campaign committee has not previously filed a statement, then 8770
on the first statement the campaign committee is required to file 8771
under division (A) of this section after the committee's 8772
certificate is void, the committee shall report all contributions 8773
received and expenditures made from the time the candidate filed 8774
the candidate's declaration of candidacy and petition, nominating 8775
petition, or declaration of intent to be a write-in candidate. 8776

       (4) As used in division (K) of this section, "election 8777
period" means the period of time beginning on the day a person 8778
files a declaration of candidacy and petition, nominating 8779
petition, or declaration of intent to be a write-in candidate 8780
through the day of the election at which the person seeks 8781
nomination to office if the person is not elected to office, or, 8782
if the candidate was nominated in a primary election, the day of 8783
the election at which the candidate seeks office. 8784

       Sec. 3517.106. (A) As used in this section: 8785

       (1) "Statewide office" means any of the offices of governor, 8786
lieutenant governor, secretary of state, auditor of state, 8787
treasurer of state, attorney general, chief justice of the supreme 8788
court, and justice of the supreme court. 8789

       (2) "Addendum to a statement" includes an amendment or other 8790
correction to that statement. 8791

       (B)(1) The secretary of state shall store on computer the 8792
information contained in statements of contributions and 8793
expenditures and monthly statements required to be filed under 8794
section 3517.10 of the Revised Code and in statements of 8795
independent expenditures required to be filed under section 8796
3517.105 of the Revised Code by any of the following: 8797

       (a) The campaign committees of candidates for statewide 8798
office; 8799

       (b) The political action committees described in division 8800
(A)(1) of section 3517.11 of the Revised Code; 8801

       (c) Legislative campaign funds; 8802

       (d) State political parties; 8803

       (e) Individuals, partnerships, corporations, labor 8804
organizations, or other entities that make independent 8805
expenditures in support of or opposition to a statewide candidate 8806
or a statewide ballot issue or question; 8807

       (f) The campaign committees of candidates for the office of 8808
member of the general assembly; 8809

       (g) County political parties, with respect to their state 8810
candidate funds. 8811

       (2) The secretary of state shall store on computer the 8812
information contained in disclosure of electioneering 8813
communications statements required to be filed under section 8814
3517.1011 of the Revised Code. 8815

       (3) The secretary of state shall store on computer the 8816
information contained in deposit and disbursement statements 8817
required to be filed with the office of the secretary of state 8818
under section 3517.1012 of the Revised Code. 8819

       (4) The secretary of state shall store on computer the gift 8820
and disbursement information contained in statements required to 8821
be filed with the office of the secretary of state under section 8822
3517.1013 of the Revised Code. 8823

       (C)(1) The secretary of state shall make available to the 8824
campaign committees, political action committees, legislative 8825
campaign funds, political parties, individuals, partnerships, 8826
corporations, labor organizations, and other entities described in 8827
division (B) of this section, and to members of the news media and 8828
other interested persons, for a reasonable fee, computer programs 8829
that are compatible with the secretary of state's method of 8830
storing the information contained in the statements. 8831

       (2) The secretary of state shall make the information 8832
required to be stored under division (B) of this section available 8833
on computer at the secretary of state's office so that, to the 8834
maximum extent feasible, individuals may obtain at the secretary 8835
of state's office any part or all of that information for any 8836
given year, subject to the limitation expressed in division (D) of 8837
this section. 8838

       (D) The secretary of state shall keep the information stored 8839
on computer under division (B) of this section for at least six 8840
years. 8841

       (E)(1) Subject to division (L) of this section and subject to 8842
the secretary of state having implemented, tested, and verified 8843
the successful operation of any system the secretary of state 8844
prescribes pursuant to division (H)(1) of this section and 8845
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised 8846
Code for the filing of campaign finance statements by electronic 8847
means of transmission, the campaign committee of each candidate 8848
for statewide office may file the statements prescribed by section 8849
3517.10 of the Revised Code by electronic means of transmission 8850
or, if the total amount of the contributions received or the total 8851
amount of the expenditures made by the campaign committee for the 8852
applicable reporting period as specified in division (A) of 8853
section 3517.10 of the Revised Code exceeds ten thousand dollars, 8854
shall file those statements by electronic means of transmission. 8855

       Except as otherwise provided in this division, within five 8856
business days after a statement filed by a campaign committee of a 8857
candidate for statewide office is received by the secretary of 8858
state by electronic or other means of transmission, the secretary 8859
of state shall make available online to the public through the 8860
internet, as provided in division (I) of this section, the 8861
contribution and expenditure information in that statement. The 8862
secretary of state shall not make available online to the public 8863
through the internet any contribution or expenditure information 8864
contained in a statement for any candidate until the secretary of 8865
state is able to make available online to the public through the 8866
internet the contribution and expenditure information for all 8867
candidates for a particular office, or until the applicable filing 8868
deadline for that statement has passed, whichever is sooner. As 8869
soon as the secretary of state has available all of the 8870
contribution and expenditure information for all candidates for a 8871
particular office, or as soon as the applicable filing deadline 8872
for a statement has passed, whichever is sooner, the secretary of 8873
state shall simultaneously make available online to the public 8874
through the internet the information for all candidates for that 8875
office. 8876

       If a statement filed by electronic means of transmission is 8877
found to be incomplete or inaccurate after the examination of the 8878
statement for completeness and accuracy pursuant to division 8879
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign 8880
committee shall file by electronic means of transmission any 8881
addendum to the statement that provides the information necessary 8882
to complete or correct the statement or, if required by the 8883
secretary of state under that division, an amended statement. 8884

       Within five business days after the secretary of state 8885
receives from a campaign committee of a candidate for statewide 8886
office an addendum to the statement or an amended statement by 8887
electronic or other means of transmission under this division or 8888
division (B)(3)(a) of section 3517.11 of the Revised Code, the 8889
secretary of state shall make the contribution and expenditure 8890
information in the addendum or amended statement available online 8891
to the public through the internet as provided in division (I) of 8892
this section. 8893

       (2) Subject to the secretary of state having implemented, 8894
tested, and verified the successful operation of any system the 8895
secretary of state prescribes pursuant to division (H)(1) of this 8896
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of 8897
the Revised Code for the filing of campaign finance statements by 8898
electronic means of transmission, a political action committee 8899
described in division (B)(1)(b) of this section, a legislative 8900
campaign fund, and a state political party may file the statements 8901
prescribed by section 3517.10 of the Revised Code by electronic 8902
means of transmission or, if the total amount of the contributions 8903
received or the total amount of the expenditures made by the 8904
political action committee, legislative campaign fund, or state 8905
political party for the applicable reporting period as specified 8906
in division (A) of section 3517.10 of the Revised Code exceeds ten 8907
thousand dollars, shall file those statements by electronic means 8908
of transmission. 8909

       Within five business days after a statement filed by a 8910
political action committee described in division (B)(1)(b) of this 8911
section, a legislative campaign fund, or a state political party 8912
is received by the secretary of state by electronic or other means 8913
of transmission, the secretary of state shall make available 8914
online to the public through the internet, as provided in division 8915
(I) of this section, the contribution and expenditure information 8916
in that statement. 8917

       If a statement filed by electronic means of transmission is 8918
found to be incomplete or inaccurate after the examination of the 8919
statement for completeness and accuracy pursuant to division 8920
(B)(3)(a) of section 3517.11 of the Revised Code, the political 8921
action committee, legislative campaign fund, or state political 8922
party shall file by electronic means of transmission any addendum 8923
to the statement that provides the information necessary to 8924
complete or correct the statement or, if required by the secretary 8925
of state under that division, an amended statement. 8926

       Within five business days after the secretary of state 8927
receives from a political action committee described in division 8928
(B)(1)(b) of this section, a legislative campaign fund, or a state 8929
political party an addendum to the statement or an amended 8930
statement by electronic or other means of transmission under this 8931
division or division (B)(3)(a) of section 3517.11 of the Revised 8932
Code, the secretary of state shall make the contribution and 8933
expenditure information in the addendum or amended statement 8934
available online to the public through the internet as provided in 8935
division (I) of this section. 8936

       (3) Subject to the secretary of state having implemented, 8937
tested, and verified the successful operation of any system the 8938
secretary of state prescribes pursuant to division (H)(1) of this 8939
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of 8940
the Revised Code for the filing of campaign finance statements by 8941
electronic means of transmission, a county political party shall 8942
file the statements prescribed by section 3517.10 of the Revised 8943
Code with respect to its state candidate fund by electronic means 8944
of transmission to the office of the secretary of state. 8945

       Within five business days after a statement filed by a county 8946
political party with respect to its state candidate fund is 8947
received by the secretary of state by electronic means of 8948
transmission, the secretary of state shall make available online 8949
to the public through the internet, as provided in division (I) of 8950
this section, the contribution and expenditure information in that 8951
statement. 8952

       If a statement is found to be incomplete or inaccurate after 8953
the examination of the statement for completeness and accuracy 8954
pursuant to division (B)(3)(a) of section 3517.11 of the Revised 8955
Code, a county political party shall file by electronic means of 8956
transmission any addendum to the statement that provides the 8957
information necessary to complete or correct the statement or, if 8958
required by the secretary of state under that division, an amended 8959
statement. 8960

       Within five business days after the secretary of state 8961
receives from a county political party an addendum to the 8962
statement or an amended statement by electronic means of 8963
transmission under this division or division (B)(3)(a) of section 8964
3517.11 of the Revised Code, the secretary of state shall make the 8965
contribution and expenditure information in the addendum or 8966
amended statement available online to the public through the 8967
internet as provided in division (I) of this section. 8968

       (F)(1) Subject to division (L) of this section and subject to 8969
the secretary of state having implemented, tested, and verified 8970
the successful operation of any system the secretary of state 8971
prescribes pursuant to division (H)(1) of this section and 8972
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised 8973
Code for the filing of campaign finance statements by electronic 8974
means of transmission, a campaign committee of a candidate for the 8975
office of member of the general assembly or a campaign committee 8976
of a candidate for the office of judge of a court of appeals may 8977
file the statements prescribed by section 3517.10 of the Revised 8978
Code in accordance with division (A)(2) of section 3517.11 of the 8979
Revised Code or by electronic means of transmission to the office 8980
of the secretary of state or, if the total amount of the 8981
contributions received by the campaign committee for the 8982
applicable reporting period as specified in division (A) of 8983
section 3517.10 of the Revised Code exceeds ten thousand dollars, 8984
shall file those statements by electronic means of transmission to 8985
the office of the secretary of state. 8986

       Except as otherwise provided in this division, within five 8987
business days after a statement filed by a campaign committee of a 8988
candidate for the office of member of the general assembly or a 8989
campaign committee of a candidate for the office of judge of a 8990
court of appeals is received by the secretary of state by 8991
electronic or other means of transmission, the secretary of state 8992
shall make available online to the public through the internet, as 8993
provided in division (I) of this section, the contribution and 8994
expenditure information in that statement. The secretary of state 8995
shall not make available online to the public through the internet 8996
any contribution or expenditure information contained in a 8997
statement for any candidate until the secretary of state is able 8998
to make available online to the public through the internet the 8999
contribution and expenditure information for all candidates for a 9000
particular office, or until the applicable filing deadline for 9001
that statement has passed, whichever is sooner. As soon as the 9002
secretary of state has available all of the contribution and 9003
expenditure information for all candidates for a particular 9004
office, or as soon as the applicable filing deadline for a 9005
statement has passed, whichever is sooner, the secretary of state 9006
shall simultaneously make available online to the public through 9007
the internet the information for all candidates for that office. 9008

       If a statement filed by electronic means of transmission is 9009
found to be incomplete or inaccurate after the examination of the 9010
statement for completeness and accuracy pursuant to division 9011
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign 9012
committee shall file by electronic means of transmission to the 9013
office of the secretary of state any addendum to the statement 9014
that provides the information necessary to complete or correct the 9015
statement or, if required by the secretary of state under that 9016
division, an amended statement. 9017

       Within five business days after the secretary of state 9018
receives from a campaign committee of a candidate for the office 9019
of member of the general assembly or a campaign committee of a 9020
candidate for the office of judge of a court of appeals an 9021
addendum to the statement or an amended statement by electronic or 9022
other means of transmission under this division or division 9023
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of 9024
state shall make the contribution and expenditure information in 9025
the addendum or amended statement available online to the public 9026
through the internet as provided in division (I) of this section. 9027

       (2) If a statement, addendum, or amended statement is not 9028
filed by electronic means of transmission to the office of the 9029
secretary of state but is filed by printed version only under 9030
division (A)(2) of section 3517.11 of the Revised Code with the 9031
appropriate board of elections, the campaign committee of a 9032
candidate for the office of member of the general assembly or a 9033
campaign committee of a candidate for the office of judge of a 9034
court of appeals shall file two copies of the printed version of 9035
the statement, addendum, or amended statement with the board of 9036
elections. The board of elections shall send one of those copies 9037
by overnight delivery service to the secretary of state before the 9038
close of business on the day the board of elections receives the 9039
statement, addendum, or amended statement. 9040

       (G) Subject to the secretary of state having implemented, 9041
tested, and verified the successful operation of any system the 9042
secretary of state prescribes pursuant to division (H)(1) of this 9043
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of 9044
the Revised Code for the filing of campaign finance statements by 9045
electronic means of transmission, any individual, partnership, or 9046
other entity that makes independent expenditures in support of or 9047
opposition to a statewide candidate or a statewide ballot issue or 9048
question as provided in division (B)(2)(b) or (C)(2)(b) of section 9049
3517.105 of the Revised Code may file the statement specified in 9050
that division by electronic means of transmission or, if the total 9051
amount of independent expenditures made during the reporting 9052
period under that division exceeds ten thousand dollars, shall 9053
file the statement specified in that division by electronic means 9054
of transmission. 9055

       Within five business days after a statement filed by an 9056
individual, partnership, or other entity is received by the 9057
secretary of state by electronic or other means of transmission, 9058
the secretary of state shall make available online to the public 9059
through the internet, as provided in division (I) of this section, 9060
the expenditure information in that statement. 9061

       If a statement filed by electronic means of transmission is 9062
found to be incomplete or inaccurate after the examination of the 9063
statement for completeness and accuracy pursuant to division 9064
(B)(3)(a) of section 3517.11 of the Revised Code, the individual, 9065
partnership, or other entity shall file by electronic means of 9066
transmission any addendum to the statement that provides the 9067
information necessary to complete or correct the statement or, if 9068
required by the secretary of state under that division, an amended 9069
statement. 9070

       Within five business days after the secretary of state 9071
receives from an individual, partnership, or other entity 9072
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105 9073
of the Revised Code an addendum to the statement or an amended 9074
statement by electronic or other means of transmission under this 9075
division or division (B)(3)(a) of section 3517.11 of the Revised 9076
Code, the secretary of state shall make the expenditure 9077
information in the addendum or amended statement available online 9078
to the public through the internet as provided in division (I) of 9079
this section. 9080

       (H)(1) The secretary of state, by rule adopted pursuant to 9081
section 3517.23 of the Revised Code, shall prescribe one or more 9082
techniques by which a person who executes and transmits by 9083
electronic means a statement of contributions and expenditures, a 9084
statement of independent expenditures, a disclosure of 9085
electioneering communications statement, a deposit and 9086
disbursement statement, or a gift and disbursement statement, an 9087
addendum to any of those statements, an amended statement of 9088
contributions and expenditures, an amended statement of 9089
independent expenditures, an amended disclosure of electioneering 9090
communications statement, an amended deposit and disbursement 9091
statement, or an amended gift and disbursement statement, under 9092
this section or section 3517.10, 3517.105, 3517.1011, 3517.1012, 9093
or 3517.1013 of the Revised Code shall electronically sign the 9094
statement, addendum, or amended statement. Any technique 9095
prescribed by the secretary of state pursuant to this division 9096
shall create an electronic signature that satisfies all of the 9097
following: 9098

       (a) It is unique to the signer. 9099

       (b) It objectively identifies the signer. 9100

       (c) It involves the use of a signature device or other means 9101
or method that is under the sole control of the signer and that 9102
cannot be readily duplicated or compromised. 9103

       (d) It is created and linked to the electronic record to 9104
which it relates in a manner that, if the record or signature is 9105
intentionally or unintentionally changed after signing, the 9106
electronic signature is invalidated. 9107

       (2) An electronic signature prescribed by the secretary of 9108
state under division (H)(1) of this section shall be attached to 9109
or associated with the statement of contributions and 9110
expenditures, the statement of independent expenditures, the 9111
disclosure of electioneering communications statement, the deposit 9112
and disbursement statement, or the gift and disbursement 9113
statement, the addendum to any of those statements, the amended 9114
statement of contributions and expenditures, the amended statement 9115
of independent expenditures, the amended disclosure of 9116
electioneering communications statement, the amended deposit and 9117
disbursement statement, or the amended gift and disbursement 9118
statement that is executed and transmitted by electronic means by 9119
the person to whom the electronic signature is attributed. The 9120
electronic signature that is attached to or associated with the 9121
statement, addendum, or amended statement under this division 9122
shall be binding on all persons and for all purposes under the 9123
campaign finance reporting law as if the signature had been 9124
handwritten in ink on a printed form. 9125

       (I) The secretary of state shall make the contribution and 9126
expenditure, the contribution and disbursement, the deposit and 9127
disbursement, or the gift and disbursement information in all 9128
statements, all addenda to the statements, and all amended 9129
statements that are filed with the secretary of state by 9130
electronic or other means of transmission under this section or 9131
section 3517.10, 3517.105, 3517.1011, 3517.1012, 3517.1013, or 9132
3517.11 of the Revised Code available online to the public by any 9133
means that are searchable, viewable, and accessible through the 9134
internet. 9135

       (J)(1) As used in this division, "library" means a library 9136
that is open to the public and that is one of the following: 9137

       (a) A library that is maintained and regulated under section 9138
715.13 of the Revised Code; 9139

       (b) A library that is created, maintained, and regulated 9140
under Chapter 3375. of the Revised Code. 9141

       (2) The secretary of state shall notify all libraries of the 9142
location on the internet at which the contribution and 9143
expenditure, contribution and disbursement, deposit and 9144
disbursement, or gift and disbursement information in campaign 9145
finance statements required to be made available online to the 9146
public through the internet pursuant to division (I) of this 9147
section may be accessed. 9148

       If that location is part of the world wide web and if the 9149
secretary of state has notified a library of that world wide web 9150
location as required by this division, the library shall include a 9151
link to that world wide web location on each internet-connected 9152
computer it maintains that is accessible to the public. 9153

       (3) If the system the secretary of state prescribes for the 9154
filing of campaign finance statements by electronic means of 9155
transmission pursuant to division (H)(1) of this section and 9156
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised 9157
Code includes filing those statements through the internet via the 9158
world wide web, the secretary of state shall notify all libraries 9159
of the world wide web location at which those statements may be 9160
filed. 9161

       If those statements may be filed through the internet via the 9162
world wide web and if the secretary of state has notified a 9163
library of that world wide web location as required by this 9164
division, the library shall include a link to that world wide web 9165
location on each internet-connected computer it maintains that is 9166
accessible to the public. 9167

       (K) It is an affirmative defense to a complaint or charge 9168
brought against any campaign committee, political action 9169
committee, legislative campaign fund, or political party, any 9170
individual, partnership, or other entity, or any person making 9171
disbursements to pay the direct costs of producing or airing 9172
electioneering communications, for the failure to file by 9173
electronic means of transmission a campaign finance statement as 9174
required by this section or section 3517.10, 3517.105, 3517.1011, 9175
3517.1012, or 3517.1013 of the Revised Code that all of the 9176
following apply to the campaign committee, political action 9177
committee, legislative campaign fund, or political party, the 9178
individual, partnership, or other entity, or the person making 9179
disbursements to pay the direct costs of producing or airing 9180
electioneering communications, that failed to so file: 9181

       (1) The campaign committee, political action committee, 9182
legislative campaign fund, or political party, the individual, 9183
partnership, or other entity, or the person making disbursements 9184
to pay the direct costs of producing or airing electioneering 9185
communications attempted to file by electronic means of 9186
transmission the required statement prior to the deadline set 9187
forth in the applicable section. 9188

       (2) The campaign committee, political action committee, 9189
legislative campaign fund, or political party, the individual, 9190
partnership, or other entity, or the person making disbursements 9191
to pay the direct costs of producing or airing electioneering 9192
communications was unable to file by electronic means of 9193
transmission due to an expected or unexpected shutdown of the 9194
whole or part of the electronic campaign finance statement-filing 9195
system, such as for maintenance or because of hardware, software, 9196
or network connection failure. 9197

       (3) The campaign committee, political action committee, 9198
legislative campaign fund, or political party, the individual, 9199
partnership, or other entity, or the person making disbursements 9200
to pay the direct costs of producing or airing electioneering 9201
communications filed by electronic means of transmission the 9202
required statement within a reasonable period of time after being 9203
unable to so file it under the circumstance described in division 9204
(K)(2) of this section. 9205

       (L)(1) The secretary of state shall adopt rules pursuant to 9206
Chapter 119. of the Revised Code to permit a campaign committee of 9207
a candidate for statewide office that makes expenditures of less 9208
than twenty-five thousand dollars during the filing period or a 9209
campaign committee for the office of member of the general 9210
assembly or the office of judge of a court of appeals that would 9211
otherwise be required to file campaign finance statements by 9212
electronic means of transmission under division (E) or (F) of this 9213
section to file those statements by paper with the office of the 9214
secretary of state. Those rules shall provide for all of the 9215
following: 9216

       (a) An eligible campaign committee that wishes to file a 9217
campaign finance statement by paper instead of by electronic means 9218
of transmission shall file the statement on paper with the office 9219
of the secretary of state not sooner than twenty-four hours after 9220
the end of the filing period set forth in section 3517.10 of the 9221
Revised Code that is covered by the applicable statement. 9222

       (b) The statement shall be accompanied by a fee, the amount 9223
of which the secretary of state shall determine by rule. The 9224
amount of the fee established under this division shall not exceed 9225
the data entry and data verification costs the secretary of state 9226
will incur to convert the information on the statement to an 9227
electronic format as required under division (I) of this section. 9228

       (c) The secretary of state shall arrange for the information 9229
in campaign finance statements filed pursuant to division (L) of 9230
this section to be made available online to the public through the 9231
internet in the same manner, and at the same times, as information 9232
is made available under divisions (E), (F), and (I) of this 9233
section for candidates whose campaign committees file those 9234
statements by electronic means of transmission. 9235

       (d) The candidate of an eligible campaign committee that 9236
intends to file a campaign finance statement pursuant to division 9237
(L) of this section shall file ~~an affidavit~~a notice indicating 9238
that the candidate's campaign committee intends to so file and 9239
stating that filing the statement by electronic means of 9240
transmission would constitute a hardship for the candidate or for 9241
the eligible campaign committee. 9242

       (e) An eligible campaign committee that files a campaign 9243
finance statement on paper pursuant to division (L) of this 9244
section shall review the contribution and information made 9245
available online by the secretary of state with respect to that 9246
paper filing and shall notify the secretary of state of any errors 9247
with respect to that filing that appear in the data made available 9248
on that web site. 9249

       (f) If an eligible campaign committee whose candidate has 9250
filed ~~an affidavit~~a notice in accordance with rules adopted under 9251
division (L)(1)(d) of this section subsequently fails to file that 9252
statement on paper by the applicable deadline established in rules 9253
adopted under division (L)(1)(a) of this section, penalties for 9254
the late filing of the campaign finance statement shall apply to 9255
that campaign committee for each day after that paper filing 9256
deadline, as if the campaign committee had filed the statement 9257
after the applicable deadline set forth in division (A) of section 9258
3517.10 of the Revised Code. 9259

       (2) The process for permitting campaign committees that would 9260
otherwise be required to file campaign finance statements by 9261
electronic means of transmission to file those statements on paper 9262
with the office of the secretary of state that is required to be 9263
developed under division (L)(1) of this section shall be in effect 9264
and available for use by eligible campaign committees for all 9265
campaign finance statements that are required to be filed on or 9266
after June 30, 2005. Notwithstanding any provision of the Revised 9267
Code to the contrary, if the process the secretary of state is 9268
required to develop under division (L)(1) of this section is not 9269
in effect and available for use on and after June 30, 2005, all 9270
penalties for the failure of campaign committees to file campaign 9271
finance statements by electronic means of transmission shall be 9272
suspended until such time as that process is in effect and 9273
available for use. 9274

       (3) Notwithstanding any provision of the Revised Code to the 9275
contrary, any eligible campaign committee that files campaign 9276
finance statements on paper with the office of the secretary of 9277
state pursuant to division (L)(1) of this section shall be deemed 9278
to have filed those campaign finance statements by electronic 9279
means of transmission to the office of the secretary of state. 9280

       Sec. 3517.1011. (A) As used in this section: 9281

       (1) "Address" has the same meaning as in section 3517.10 of 9282
the Revised Code. 9283

       (2) "Broadcast, cable, or satellite communication" means a 9284
communication that is publicly distributed by a television 9285
station, radio station, cable television system, or satellite 9286
system. 9287

       (3) "Candidate" has the same meaning as in section 3501.01 of 9288
the Revised Code; 9289

       (4) "Contribution" means any loan, gift, deposit, forgiveness 9290
of indebtedness, donation, advance, payment, or transfer of funds 9291
or of anything of value, including a transfer of funds from an 9292
inter vivos or testamentary trust or decedent's estate, and the 9293
payment by any person other than the person to whom the services 9294
are rendered for the personal services of another person, that is 9295
made, received, or used to pay the direct costs of producing or 9296
airing electioneering communications. 9297

       ~~(4)~~(5)(a) "Coordinated electioneering communication" means 9298
any electioneering communication that is made pursuant to any 9299
arrangement, coordination, or direction by a candidate or a 9300
candidate's campaign committee, by an officer, agent, employee, or 9301
consultant of a candidate or a candidate's campaign committee, or 9302
by a former officer, former agent, former employee, or former 9303
consultant of a candidate or a candidate's campaign committee 9304
prior to the airing, broadcasting, or cablecasting of the 9305
communication. An electioneering communication is presumed to be a 9306
"coordinated electioneering communication" when it is either of 9307
the following: 9308

       (i) Based on information about a candidate's plans, projects, 9309
or needs provided to the person making the disbursement by the 9310
candidate or the candidate's campaign committee, by an officer, 9311
agent, employee, or consultant of the candidate or the candidate's 9312
campaign committee, or by a former officer, former agent, former 9313
employee, or former consultant of the candidate or the candidate's 9314
campaign committee, with a view toward having the communication 9315
made; 9316

       (ii) Made by or through any person who is, or has been, 9317
authorized to raise or expend funds on behalf of a candidate or 9318
the candidate's campaign committee, who is, or has been, an 9319
officer, agent, employee, or consultant of the candidate or of the 9320
candidate's campaign committee, or who is, or has been, receiving 9321
any form of compensation or reimbursement from the candidate or 9322
the candidate's campaign committee or from an officer, agent, 9323
employee, or consultant of the candidate or of the candidate's 9324
campaign committee. 9325

       (b) An electioneering communication shall not be presumed to 9326
be a "coordinated electioneering communication" under division 9327
(A)(4)(a)(ii) of this section if the communication is made through 9328
any person who provides a service that does not affect the content 9329
of the communication, such as communications placed through the 9330
efforts of a media buyer, unless that person also affects the 9331
content of the communication. 9332

       ~~(5)~~(6) "Disclosure date" means both of the following: 9333

       (a) The first date during any calendar year by which a person 9334
makes disbursements for the direct costs of producing or airing 9335
electioneering communications aggregating in excess of ten 9336
thousand dollars; 9337

       (b) The same day of the week of each remaining week in the 9338
same calendar year as the day of the week of the initial 9339
disclosure date established under division (A)(5)(a) of this 9340
section, if, during that remaining week, the person makes 9341
disbursements for the direct costs of producing or airing 9342
electioneering communications aggregating in excess of one dollar. 9343

       ~~(6)~~(7)(a) "Electioneering communication" means any broadcast, 9344
cable, or satellite communication that refers to a clearly 9345
identified candidate and that is made during either of the 9346
following periods of time: 9347

       (i) If the person becomes a candidate before the day of the 9348
primary election at which candidates will be nominated for 9349
election to that office, between the date that the person becomes 9350
a candidate and the thirtieth day prior to that primary election, 9351
and between the date of the primary election and the thirtieth day 9352
prior to the general election at which a candidate will be elected 9353
to that office; 9354

       (ii) If the person becomes a candidate after the day of the 9355
primary election at which candidates were nominated for election 9356
to that office, between the date of the primary election and the 9357
thirtieth day prior to the general election at which a candidate 9358
will be elected to that office. 9359

       (b) "Electioneering communication" does not include any of 9360
the following: 9361

       (i) A communication that is publicly disseminated through a 9362
means of communication other than a broadcast, cable, or satellite 9363
television or radio station. For example, "electioneering 9364
communication" does not include communications appearing in print 9365
media, including a newspaper or magazine, handbill, brochure, 9366
bumper sticker, yard sign, poster, billboard, and other written 9367
materials, including mailings; communications over the internet, 9368
including electronic mail; or telephone communications. 9369

       (ii) A communication that appears in a news story, 9370
commentary, public service announcement, bona fide news 9371
programming, or editorial distributed through the facilities of 9372
any broadcast, cable, or satellite television or radio station, 9373
unless those facilities are owned or controlled by any political 9374
party, political committee, or candidate; 9375

        (iii) A communication that constitutes an expenditure or an 9376
independent expenditure under section 3517.01 of the Revised Code; 9377

       (iv) A communication that constitutes a candidate debate or 9378
forum or that solely promotes a candidate debate or forum and is 9379
made by or on behalf of the person sponsoring the debate or forum. 9380

       ~~(7)~~(8) "Filing date" has the same meaning as in section 9381
3517.109 of the Revised Code. 9382

       ~~(8)~~(9) "Immigration and Nationality Act" means the 9383
Immigration and Nationality Act, 110 Stat. 309 (1996), 8 U.S.C. 9384
1101 et seq., as amended. 9385

       ~~(9)~~(10) "Person" has the same meaning as in section 1.59 of 9386
the Revised Code and includes any political organization 9387
considered exempt from income taxation under section 527 of the 9388
Internal Revenue Code. 9389

       ~~(10)~~(11) "Political committee" means any of the following: 9390

       (a) Any committee, club, association, or other group of 9391
persons that receives contributions aggregating in excess of one 9392
thousand dollars during a calendar year or that makes expenditures 9393
aggregating in excess of one thousand dollars during a calendar 9394
year; 9395

       (b) Any separate segregated fund; 9396

       (c) Any state, county, or local committee of a political 9397
party that does any of the following: 9398

       (i) Receives contributions aggregating in excess of five 9399
thousand dollars during a calendar year; 9400

       (ii) Makes payments that do not constitute contributions or 9401
expenditures aggregating in excess of five thousand dollars during 9402
a calendar year; 9403

       (iii) Makes contributions or expenditures aggregating in 9404
excess of one thousand dollars during a calendar year. 9405

       ~~(11)~~(12) "Publicly distributed" means aired, broadcast, 9406
cablecast, or otherwise disseminated for a fee. 9407

       ~~(12)~~(13) "Refers to a clearly identified candidate" means 9408
that the candidate's name, nickname, photograph, or drawing 9409
appears, or the identity of the candidate is otherwise apparent 9410
through an unambiguous reference to the person such as "the chief 9411
justice," "the governor," "member of the Ohio senate," "member of 9412
the Ohio house of representatives," "county auditor," "mayor," or 9413
"township trustee" or through an unambiguous reference to the 9414
person's status as a candidate. 9415

       (B) For the purposes of this section, a person shall be 9416
considered to have made a disbursement if the person has entered 9417
into a contract to make the disbursement. 9418

       (C) Any person intending to make a disbursement or 9419
disbursements for the direct costs of producing or airing 9420
electioneering communications, prior to making the first 9421
disbursement for the direct costs of producing or airing an 9422
electioneering communication, shall file a notice with the office 9423
of the secretary of state that the person is intending to make 9424
such disbursements. 9425

       (D)(1) Every person that makes a disbursement or 9426
disbursements for the direct costs of producing and airing 9427
electioneering communications aggregating in excess of ten 9428
thousand dollars during any calendar year shall file, within 9429
twenty-four hours of each disclosure date, a disclosure of 9430
electioneering communications statement containing the following 9431
information: 9432

       (a) The full name and address of the person making the 9433
disbursement, of any person sharing or exercising direction or 9434
control over the activities of the person making the disbursement, 9435
and of the custodian of the books and accounts of the person 9436
making the disbursement; 9437

       (b) The principal place of business of the person making the 9438
disbursement, if not an individual; 9439

       (c) The amount of each disbursement of more than one dollar 9440
during the period covered by the statement and the identity of the 9441
person to whom the disbursement was made; 9442

       (d) The nominations or elections to which the electioneering 9443
communications pertain and the names, if known, of the candidates 9444
identified or to be identified; 9445

       (e) If the disbursements were paid out of a segregated bank 9446
account that consists of funds contributed solely by individuals 9447
who are United States citizens or nationals or lawfully admitted 9448
for permanent residence as defined in section 101(a)(20) of the 9449
Immigration and Nationality Act directly to the account for 9450
electioneering communications, the information specified in 9451
division (D)(2) of this section for all contributors who 9452
contributed an aggregate amount of two hundred dollars or more to 9453
the segregated bank account and whose contributions were used for 9454
making the disbursement or disbursements required to be reported 9455
under division (D) of this section during the period covered by 9456
the statement. Nothing in this division prohibits or shall be 9457
construed to prohibit the use of funds in such a segregated bank 9458
account for a purpose other than electioneering communications. 9459

       (f) If the disbursements were paid out of funds not described 9460
in division (D)(1)(e) of this section, the information specified 9461
in division (D)(2) of this section for all contributors who 9462
contributed an aggregate amount of two hundred dollars or more to 9463
the person making the disbursement and whose contributions were 9464
used for making the disbursement or disbursements required to be 9465
reported under division (D) of this section during the period 9466
covered by the statement. 9467

       (2) For each contributor for which information is required to 9468
be reported under division (D)(1)(e) or (f) of this section, all 9469
of the following shall be reported: 9470

       (a) The month, day, and year that the contributor made the 9471
contribution or contributions aggregating two hundred dollars or 9472
more; 9473

       (b)(i) The full name and address of the contributor, and, if 9474
the contributor is a political action committee, the registration 9475
number assigned to the political action committee under division 9476
(D)(1) of section 3517.10 of the Revised Code; 9477

       (ii) If the contributor is an individual, the name of the 9478
individual's current employer, if any, or, if the individual is 9479
self-employed, the individual's occupation and the name of the 9480
individual's business, if any; 9481

       (iii) If the contribution is transmitted pursuant to section 9482
3599.031 of the Revised Code from amounts deducted from the wages 9483
and salaries of two or more employees that exceed in the aggregate 9484
one hundred dollars during the period specified in division 9485
(D)(1)(e) or (f) of this section, as applicable, the full name of 9486
the employees' employer and the full name of the labor 9487
organization of which the employees are members, if any. 9488

       (c) A description of the contribution, if other than money; 9489

       (d) The value in dollars and cents of the contribution. 9490

       (3) Subject to the secretary of state having implemented, 9491
tested, and verified the successful operation of any system the 9492
secretary of state prescribes pursuant to divisions (C)(6)(b) and 9493
(D)(6) of section 3517.10 and division (H)(1) of section 3517.106 9494
of the Revised Code for the filing of campaign finance statements 9495
by electronic means of transmission, a person shall file the 9496
disclosure of electioneering communications statement prescribed 9497
under divisions (D)(1) and (2) of this section by electronic means 9498
of transmission to the office of the secretary of state. 9499

       Within five business days after the secretary of state 9500
receives a disclosure of electioneering communications statement 9501
under this division, the secretary of state shall make available 9502
online to the public through the internet, as provided in division 9503
(I) of section 3517.106 of the Revised Code, the contribution and 9504
disbursement information in that statement. 9505

       If a filed disclosure of electioneering communications 9506
statement is found to be incomplete or inaccurate after its 9507
examination for completeness and accuracy pursuant to division 9508
(B)(3)(a) of section 3517.11 of the Revised Code, the person shall 9509
file by electronic means of transmission to the office of the 9510
secretary of state any addendum, amendment, or other correction to 9511
the statement that provides the information necessary to complete 9512
or correct the statement or, if required by the secretary of state 9513
under that division, an amended statement. 9514

       Within five business days after the secretary of state 9515
receives an addendum, amendment, or other correction to a 9516
disclosure of electioneering communications statement or an 9517
amended statement by electronic means of transmission under this 9518
division or division (B)(3)(a) of section 3517.11 of the Revised 9519
Code, the secretary of state shall make the contribution and 9520
disbursement information in the addendum, amendment, or other 9521
correction to the statement or amended statement available online 9522
to the public through the internet as provided in division (I) of 9523
section 3517.106 of the Revised Code. 9524

       (E)(1) Any person who makes a contribution for the purpose of 9525
funding the direct costs of producing or airing an electioneering 9526
communication under this section shall provide the person's full 9527
name and address to the recipient of the contribution at the time 9528
the contribution is made. 9529

       (2) Any individual who makes a contribution or contributions 9530
aggregating two hundred dollars or more for the purpose of funding 9531
the direct costs of producing or airing an electioneering 9532
communication under this section shall provide the name of the 9533
individual's current employer, if any, or, if the individual is 9534
self-employed, the individual's occupation and the name of the 9535
individual's business, if any, to the recipient of the 9536
contribution at the time the contribution is made. 9537

       (F) In each electioneering communication, a statement shall 9538
appear or be presented in a clear and conspicuous manner that does 9539
both of the following: 9540

       (1) Clearly indicates that the electioneering communication 9541
is not authorized by the candidate or the candidate's campaign 9542
committee; 9543

       (2) Clearly identifies the person making the disbursement for 9544
the electioneering communication in accordance with section 9545
3517.20 of the Revised Code. 9546

       (G) Any coordinated electioneering communication is an 9547
in-kind contribution, subject to the applicable contribution 9548
limits prescribed in section 3517.102 of the Revised Code, to the 9549
candidate by the person making disbursements to pay the direct 9550
costs of producing or airing the communication. 9551

       (H) No person shall make, during the thirty days preceding a 9552
primary election or during the thirty days preceding a general 9553
election, any broadcast, cable, or satellite communication that 9554
refers to a clearly identified candidate using any contributions 9555
received from a corporation or labor organization. 9556

       Sec. 3519.05. If the measure to be submitted proposes a 9557
constitutional amendment, the heading of each part of the petition 9558
shall be prepared in the following form, and printed in capital 9559
letters in type of the approximate size set forth: 9560

"INITIATIVE PETITION 9561

~~Number .......................................................~~ 9562

~~Issued to ....................................................~~ 9563

~~(Name of solicitor)~~ 9564

~~Date of issuance .............................................~~ 9565

~~..............................................................~~ 9566

Amendment to the Constitution 9567

Proposed by Initiative Petition 9568

To be submitted directly to the electors" 9569

       "Amendment" printed in fourteen-point boldface type shall 9570
precede the title, which shall be briefly expressed and printed in 9571
eight-point type. The summary shall then be set forth printed in 9572
ten-point type, and then shall follow the certification of the 9573
attorney general, under proper date, which shall also be printed 9574
in ten-point type. The petition shall then set forth the names and 9575
addresses of the committee of not less than three nor more than 9576
five to represent the petitioners in all matters relating to the 9577
petition or its circulation. 9578

       Immediately above the heading of the place for signatures on 9579
each part of the petition the following notice shall be printed in 9580
boldface type: 9581

"NOTICE 9582

       Whoever knowingly signs this petition more than once, signs a 9583
name other than one's own, or signs when not a qualified voter, is 9584
liable to prosecution. 9585

       ~~In consideration for services in soliciting signatures to~~ 9586
~~this petition, the solicitor has received or expects to~~ 9587

~~receive .......................................................~~ 9588

~~from ..........................................................~~ 9589

~~(Whose address is).............................................~~ 9590

~~..............................................................."~~ 9591

~~Before any elector signs the part-petition, the solicitor shall~~ 9592
~~completely fill in the above blanks if the solicitor has received~~ 9593
~~or will receive any consideration, and if the solicitor has not~~ 9594
~~received and will not receive any consideration, the solicitor~~ 9595
~~shall insert "nothing.~~" 9596

       The heading of the place for signatures shall be 9597
substantially as follows: 9598

"(Sign with ink ~~or indelible pencil~~. Your name, residence, and 9599
date of signing must be given.) 9600

____________ __________ ___________ _________________________ _________ _______ ________ 9601
Rural Route or 9602
other Post- 9603
Signature County Township office Address Month Day Year 9604
____________ __________ ___________ ________________________ _________ _______ ________ 9605

(Voters who do not live in a municipal corporation should fill in 9606
the information called for by headings printed above.) 9607

(Voters who reside in municipal corporations should fill in the 9608
information called for by headings printed below.) 9609

__________ _______ _________ _________ ______________________________ 9610
City Street 9611
or and 9612
Signature County Village Number Ward Precinct Month Day Year" 9613
___________ _______ _________ _________ ______________________________ 9614

       The text of the proposed amendment shall be printed in full, 9615
immediately following the place for signatures, and shall be 9616
prefaced by "Be it resolved by the people of the State of Ohio." 9617
Immediately following the text of the proposed amendment must 9618
appear the following form: 9619

       "I, ........., declare under penalty of election 9620
falsification that I am the circulator of the foregoing petition 9621
paper containing the signatures of ......... electors, that the 9622
signatures appended hereto were made and appended in my presence 9623
on the date set opposite each respective name, and are the 9624
signatures of the persons whose names they purport to be, and that 9625
the electors signing this petition did so with knowledge of the 9626
contents of same. I am employed to circulate this petition by 9627
................................ (Name and address of employer). 9628
(The preceding sentence shall be completed as required by section 9629
3501.38 of the Revised Code if the circulator is being employed to 9630
circulate the petition.) 9631

(Signed) ............... (Solicitor) 9632

(Address)........................... 9633

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 9634
OF THE FIFTH DEGREE." 9635

       If the measure proposes a law, the heading of each part of 9636
the petition shall be prepared as follows: 9637

"INITIATIVE PETITION 9638

~~Number .........................................................~~ 9639

~~................................................................~~ 9640

~~Issued to ......................................................~~ 9641

................................................................ 9642

~~(Name of Solicitor)~~ 9643

~~Date of issuance ...............................................~~ 9644

~~................................................................~~ 9645

       Law proposed by initiative petition first to be submitted to 9646
the General Assembly." 9647

       In all other respects the form shall be as provided for the 9648
submission of a constitutional amendment, except that the text of 9649
the proposed law shall be prefaced by "Be it enacted by the people 9650
of the state of Ohio." 9651

       The form for a supplementary initiative petition shall be the 9652
same as that provided for an initiative petition, with the 9653
exception that "supplementary" shall precede "initiative" in the 9654
title thereof. 9655

       The general provisions set forth in this section relative to 9656
the form and order of an initiative petition shall be, so far as 9657
practical, applicable to a referendum petition, the heading of 9658
which shall be as follows: 9659

"REFERENDUM PETITION 9660

~~Number .........................................................~~ 9661

~~................................................................~~ 9662

~~Issued to ......................................................~~ 9663

~~................................................................~~ 9664

~~(Name of Solicitor)~~ 9665

~~Date of issuance ...............................................~~ 9666

~~................................................................~~ 9667

       To be submitted to the electors for their approval or 9668
rejection" 9669

       The title, which follows the heading, shall contain a brief 9670
legislative history of the law, section, or item of law to be 9671
referred. The text of the law so referred shall be followed by the 9672
certification of the secretary of state, in accordance with 9673
division (B)(2)(b) of section 3519.01 of the Revised Code, that it 9674
has been compared with the copy of the enrolled act, on file in 9675
the secretary of state's office, containing such law, section, or 9676
item of law, and found to be correct. 9677

       Sec. 3523.05. The election provided for in section 3523.01 9678
of the Revised Code shall be by ballot, which may be separate from 9679
any ballot to be used at the same election. Such ballot shall 9680
first state the substance of the proposed amendment to the 9681
~~constitution~~Constitution of the United States. This shall be 9682
followed by appropriate instructions to the voter. It shall then 9683
contain perpendicular columns of equal width, headed respectively 9684
in plain type, "for ratification," "against ratification," and 9685
"unpledged." In the column headed "for ratification" shall be 9686
placed the names of the nominees nominated as in favor of 9687
ratification. In the column headed "against ratification" shall be 9688
placed the names of the nominees nominated as against 9689
ratification. In the column headed "unpledged" shall be placed the 9690
names of the nominees nominated as unpledged. The voter shall 9691
indicate ~~his~~the voter's choice by making one or more punches or 9692
marks in the appropriate spaces provided on the ballot. No ballot 9693
shall be held void because any such punch or mark is irregular in 9694
character. The ballot shall be so arranged that the voter may, by 9695
making a single punch or mark, vote for the entire group of 9696
nominees whose names are comprised in any column. The ballot shall 9697
be in substantially the following form: 9698

PROPOSED AMENDMENT TO THE 9699

CONSTITUTION OF THE UNITED STATES 9700

       Delegates to the convention to ratify the proposed amendment. 9701

       The congress has proposed an amendment to the ~~constitution~~ 9702
Constitution of the United States which provides (insert here the 9703
substance of the proposed amendment). 9704

       The congress has also proposed that the said amendment shall 9705
be ratified by conventions in the states. 9706

INSTRUCTIONS TO VOTERS 9707

       Do not vote for more than fifty-two candidates. 9708

       To vote for all candidates in favor of ratification, or for 9709
all candidates against ratification, or for all candidates who 9710
intend to remain unpledged, make a mark in the CIRCLE. If you do 9711
this, make no other mark. To vote for an individual candidate make 9712
a mark in the SQUARE at the left of the name. 9713

For Ratification Against Ratification Unpledged 9714

O O O 9715

[ ]  John Doe [ ]  Charles Coe [ ]  Daniel De Foe 9716

[ ]  Richard Doe [ ]  Michael Moe [ ]  Louis St Loe 9717

       All rights on the part of lists of candidates to name 9718
~~challengers and witnesses~~observers in the polling places shall be 9719
the same as those under Title XXXV of the Revised Code. 9720

       The fifty-two nominees who receive the highest number of 9721
votes shall be delegates to the convention. 9722

       Sec. 3599.11. (A) No person shall knowingly register or make 9723
application or attempt to register in a precinct in which the 9724
person is not a qualified voter; or knowingly aid or abet any 9725
person to so register; or attempt to register or knowingly induce 9726
or attempt to induce any person to so register; or knowingly 9727
impersonate another or write or assume the name of another, real 9728
or fictitious, in registering or attempting to register; or by 9729
false statement or other unlawful means procure, aid, or attempt 9730
to procure the erasure or striking out on the register or 9731
duplicate list of the name of a qualified elector therein; or 9732
knowingly induce or attempt to induce a registrar or other 9733
election authority to refuse registration in a precinct to an 9734
elector thereof; or knowingly swear or affirm falsely upon a 9735
lawful examination by or before any registering officer; or make, 9736
print, or issue any false or counterfeit certificate of 9737
registration or knowingly alter any certificate of registration. 9738

       No person shall knowingly register under more than one name 9739
or knowingly induce any person to so register. 9740

       No person shall knowingly make any false statement on any 9741
form for registration or change of registration or upon any 9742
application or return envelope for an absent voter's ballot. 9743

       Whoever violates this division is guilty of a felony of the 9744
fifth degree. 9745

       (B)(1) No person who helps another person register outside an 9746
official voter registration place shall knowingly destroy, or 9747
knowingly help another person to destroy, any completed 9748
registration form~~, or~~. 9749

       Whoever violates this division is guilty of election 9750
falsification, a felony of the fifth degree. 9751

       (2)(a) No person who helps another person register outside an 9752
official voter registration place shall knowingly fail to return 9753
any registration form entrusted to that person to the board of 9754
elections of the county in which the applicant is seeking to 9755
register to vote or to a designated agency in that county on or 9756
before the thirtieth day before the election. 9757

       Whoever violates this division is guilty of ~~a misdemeanor of~~ 9758
~~the first degree~~election falsification, a felony of the fifth 9759
degree. 9760

       (b) Subject to division (C)(2) of this section, no person who 9761
helps another person register outside an official registration 9762
place shall knowingly return any registration form entrusted to 9763
that person to any location other than the board of elections of 9764
the county in which the applicant is seeking to register to vote 9765
or to a designated agency in that county. 9766

       Whoever violates this division is guilty of election 9767
falsification, a felony of the fifth degree. 9768

       (C)(1) No person who receives compensation for registering a 9769
voter shall knowingly fail to return any registration form 9770
entrusted to that person to the board of elections of the county 9771
in which the applicant is seeking to register to vote within ten 9772
days after that voter registration form is completed or on or 9773
before the thirtieth day before the election, whichever is 9774
earlier. 9775

       Whoever violates this division is guilty of election 9776
falsification, a felony of the fifth degree. 9777

       (2) No person who receives compensation for registering a 9778
voter shall knowingly return any registration form entrusted to 9779
that person to any location other than the board of elections of 9780
the county in which the applicant is seeking to register to vote. 9781

       Whoever violates this division is guilty of election 9782
falsification, a felony of the fifth degree. 9783

       (D) As used in division (C) of this section, "registering a 9784
voter" includes any effort, for compensation, to provide voter 9785
registration forms or to assist persons in completing those forms 9786
or returning them to the board of elections of the county in which 9787
the applicant is seeking to register to vote. 9788

       Sec. 3599.111. (A) As used in this section, "registering a 9789
voter" or "registering voters" includes any effort, for 9790
compensation, to provide voter registration forms or to assist 9791
persons in completing those forms or returning them to the board 9792
of elections~~, the office of the secretary of state, or other~~ 9793
~~appropriate public office~~of the county in which the applicant is 9794
seeking to register to vote. 9795

       (B) No person shall receive compensation on a fee per 9796
signature or fee per volume basis for circulating any declaration 9797
of candidacy, nominating petition, declaration of intent to be a 9798
write-in candidate, initiative petition, referendum petition, 9799
recall petition, or any other election-related petition that is 9800
filed with or transmitted to a board of elections, the office of 9801
the secretary of state, or other appropriate public office. 9802

       (C) No person shall receive compensation on a fee per 9803
registration or fee per volume basis for registering a voter. 9804

       (D) ~~Compensation~~No person shall pay any other person for 9805
collecting signatures on election-related petitions ~~and~~or for 9806
registering voters ~~shall be paid solely~~except on the basis of 9807
time worked. 9808

       (E)(1) Whoever violates division (B) ~~or (C)~~ of this section 9809
is guilty of ~~election falsification under section 3599.36 of the~~ 9810
~~Revised Code~~receiving improper compensation for circulating a 9811
petition, a felony of the fifth degree. 9812

       (2) Whoever violates division (C) of this section is guilty 9813
of receiving improper compensation for registering a voter, a 9814
felony of the fifth degree. 9815

       (3) Whoever violates division (D) of this section is guilty 9816
of paying improper compensation for circulating a petition or 9817
registering a voter, a felony of the fifth degree. 9818

       Sec. 3599.12. (A) No person shall do any of the following: 9819

       (1) Vote or attempt to vote in any primary, special, or 9820
general election in a precinct in which that person is not a 9821
legally qualified elector; 9822

       (2) Vote or attempt to vote more than once at the same 9823
election by any means, including voting or attempting to vote both 9824
by absent voter's ballots under division ~~(B), (C), or~~ (G) of 9825
section 3503.16 of the Revised Code and by regular ballot at the 9826
polls at the same election, or voting or attempting to vote both 9827
by absent voter's ballots under division ~~(B), (C), or~~ (G) of 9828
section 3503.16 of the Revised Code and by absent voter's ballots 9829
under Chapter 3509. or armed service absent voter's ballots under 9830
Chapter 3511. of the Revised Code at the same election; 9831

       (3) Impersonate or sign the name of another person, real or 9832
fictitious, living or dead, and vote or attempt to vote as that 9833
other person in any such election; 9834

       (4) Cast a ballot at any such election after objection has 9835
been made and sustained to that person's vote; 9836

       (5) Knowingly vote or attempt to vote a ballot other than the 9837
official ballot. 9838

       (B) Whoever violates division (A) of this section is guilty 9839
of a felony of the fourth degree. 9840

       Sec. 3599.21. (A) No person shall knowingly do any of the 9841
following: 9842

       (1) Impersonate another, or make a false representation in 9843
order to obtain an absent voter's ballot; 9844

       (2) Aid or abet a person to vote an absent voter's ballot 9845
illegally; 9846

       (3) If the person is an election official, open, destroy, 9847
steal, mark, or mutilate any absent voter's ballot; 9848

       (4) Aid or abet another person to open, destroy, steal, mark, 9849
or mutilate any absent voter's ballot after the ballot has been 9850
voted; 9851

       (5) Delay the delivery of any such ballot with a view to 9852
preventing its arrival in time to be counted; 9853

       (6) Hinder or attempt to hinder the delivery or counting of 9854
such absent voter's ballot; 9855

       (7) Fail to forward to the appropriate election official an 9856
absent voter's ballot application entrusted to that person to so 9857
forward; 9858

       (8) Fail to forward to the appropriate election official an 9859
absent voter's ballot application entrusted to that person to so 9860
forward within such a time period that the failure to so forward 9861
the application disenfranchises the voter with respect to a 9862
particular election; 9863

       (9) Except as authorized under Chapters 3509. and 3511. of 9864
the Revised Code, possess the absent voter's ballot of another. 9865

       (B)(1) Subject to division (B)(2) of this section, no person 9866
who receives compensation for soliciting persons to apply to vote 9867
by absent voter's ballots shall fail to forward to the appropriate 9868
election official an absent voter's ballot application entrusted 9869
to that person to so forward within ten days after that 9870
application is completed. 9871

       (2) No person who receives compensation for soliciting 9872
persons to apply to vote by absent voter's ballots shall fail to 9873
forward to the appropriate election official an absent voter's 9874
ballot application entrusted to that person to so forward within 9875
such a time period that the failure to so forward the application 9876
disenfranchises the voter with respect to a particular election. 9877
Whoever violates division (A) or (B) of this section is guilty of 9878
a felony of the fourth degree. 9879

       (C) As used in this section, "person who receives 9880
compensation for soliciting persons to apply to vote by absent 9881
voter's ballots" includes any effort, for compensation, to provide 9882
absent voter's ballot applications or to assist persons in 9883
completing those applications or returning them to the director of 9884
the board of elections of the county in which the applicant's 9885
voting residence is located. 9886

       Sec. 3599.24. (A) No person shall do any of the following: 9887

       (1) By force, fraud, or other improper means, obtain or 9888
attempt to obtain possession of the ballots, ballot boxes, or 9889
pollbooks; 9890

       (2) Recklessly destroy any property used in the conduct of 9891
elections; 9892

       (3) Attempt to intimidate an election officer, or prevent an 9893
election official from performing the official's duties; 9894

       (4) Knowingly tear down, remove, or destroy any of the 9895
registration lists or sample ballots furnished by the board of 9896
elections at the polling place; 9897

       (5) Loiter in or about a registration or polling place during 9898
registration or the casting and counting of ballots so as to 9899
hinder, delay, or interfere with the conduct of the registration 9900
or election; 9901

       (6) Remove from the voting place the pencils, cards of 9902
instruction, supplies, or other conveniences furnished to enable 9903
the voter to mark the voter's ballot. 9904

       (B) Whoever violates division (A)(1) or (2) of this section 9905
is guilty of a felony of the fifth degree. Whoever violates 9906
division (A)(3) or, (4), (5), or (6) of this section is guilty of 9907
a misdemeanor of the first degree. ~~Whoever violates division~~ 9908
~~(A)(5) or (6) of this section is guilty of a minor misdemeanor.~~ 9909

       Sec. 3599.38. (A) No election official, ~~witness, challenger~~ 9910
observer, deputy sheriff, special deputy sheriff, or police 9911
officer, while performing that person's duties related to the 9912
casting of votes, shall do either of the following: 9913

       (1) Wear any badge, sign, or other insignia or thing 9914
indicating that person's preference for any candidate or for any 9915
question submitted at an election; 9916

       (2) Influence or attempt to influence any voter to cast the 9917
voter's ballot for or against any candidate or issue submitted at 9918
an election. 9919

       (B) Whoever violates division (A) of this section is guilty 9920
of a misdemeanor of the first degree. 9921

       Sec. 4301.33. (A) The board of elections shall provide to a 9922
petitioner circulating a petition for an election for the 9923
submission of one or more of the questions specified in divisions 9924
(A) to (D) of section 4301.35 or section 4301.351 of the Revised 9925
Code, at the time of taking out the petition, the names of the 9926
streets and, if appropriate, the address numbers of residences and 9927
business establishments within the precinct in which the election 9928
is sought, and a form prescribed by the secretary of state for 9929
notifying affected permit holders and liquor agency stores of the 9930
circulation of a petition for an election for the submission of 9931
one or more of the questions specified in divisions (A) to (D) of 9932
section 4301.35 or section 4301.351 of the Revised Code. The 9933
petitioner shall, not less than forty-five days before the 9934
petition-filing deadline for the election, as provided in this 9935
section, file with the division of liquor control the information 9936
regarding names of streets and, if appropriate, address numbers of 9937
residences and business establishments provided by the board of 9938
elections, and specify to the division the precinct that is 9939
concerned and that would be affected by the results of the 9940
election and the filing deadline. The division shall, within a 9941
reasonable period of time and not later than fifteen days before 9942
the filing deadline, supply the petitioner with a list of the 9943
names and addresses of permit holders and liquor agency stores, if 9944
any, that would be affected by the election. The list shall 9945
contain a heading with the following words: "Liquor permit holders 9946
and liquor agency stores that would be affected by the question(s) 9947
set forth on petition for a local option election." 9948

       Within five days after a petitioner has received from the 9949
division the list of liquor permit holders and liquor agency 9950
stores, if any, that would be affected by the question or 9951
questions set forth on a petition for local option election, the 9952
petitioner shall, using the form provided by the board of 9953
elections, notify by certified mail each permit holder and liquor 9954
agency store whose name appears on that list. The form for 9955
notifying affected permit holders and liquor agency stores shall 9956
require the petitioner to state the petitioner's name and street 9957
address and shall contain a statement that a petition is being 9958
circulated for an election for the submission of the question or 9959
questions specified in divisions (A) to (D) of section 4301.35 or 9960
section 4301.351 of the Revised Code. The form shall require the 9961
petitioner to state the question or questions to be submitted as 9962
they appear on the petition. 9963

       The petitioner shall attach a copy of the list provided by 9964
the division to each petition paper. A part petition paper 9965
circulated at any time without the list of affected permit holders 9966
and liquor agency stores attached to it is invalid. 9967

       At the time the petitioner files the petition with the board 9968
of elections, the petitioner shall provide to the board the list 9969
supplied by the division and an affidavit certifying that the 9970
petitioner notified all affected permit holders and liquor agency 9971
stores, if any, on the list in the manner and within the time 9972
required in this section and that, at the time each signer of the 9973
petition affixed the signer's signature to the petition, the 9974
petition paper contained a copy of the list of affected permit 9975
holders and liquor agency stores. 9976

       Within five days after receiving a petition calling for an 9977
election for the submission of one or more of the questions 9978
specified in divisions (A) to (D) of section 4301.35 or section 9979
4301.351 of the Revised Code, the board shall give notice by 9980
certified mail that it has received the petition to all liquor 9981
permit holders and liquor agency stores, if any, whose names 9982
appear on the list of affected permit holders and liquor agency 9983
stores filed by the petitioner. Failure of the petitioner to 9984
supply the affidavit required by this section and a complete and 9985
accurate list of liquor permit holders and liquor agency stores, 9986
if any, invalidates the entire petition. The board of elections 9987
shall provide to a permit holder or liquor agency store that would 9988
be affected by a proposed local option election, on the permit 9989
holder's or liquor agency store's request, the names of the 9990
streets, and, if appropriate, the address numbers of residences 9991
and business establishments within the precinct in which the 9992
election is sought that would be affected by the results of the 9993
election. The board may charge a reasonable fee for this 9994
information when provided to the petitioner and the permit holder 9995
or liquor agency store. 9996

       (B) Upon the presentation of a petition, not later than four 9997
p.m. of the seventy-fifth day before the day of a general or 9998
primary election, to the board of elections of the county where 9999
the precinct is located, designating whether it is a petition for 10000
an election for the submission of one or more of the questions 10001
specified in section 4301.35 of the Revised Code, or a petition 10002
for the submission of one or more of the questions specified in 10003
section 4301.351 of the Revised Code, designating the particular 10004
question or questions specified in section 4301.35 or 4301.351 of 10005
the Revised Code that are to be submitted, and signed by the 10006
qualified electors of the precinct concerned, equal in number to 10007
thirty-five per cent of the total number of votes cast in the 10008
precinct concerned for the office of governor at the preceding 10009
general election for that office, the board shall submit the 10010
question or questions specified in the petition to the electors of 10011
the precinct concerned, on the day of the next general or primary 10012
election, whichever occurs first and shall proceed as follows: 10013

       (1) Such board shall, not later than the ~~sixty-sixth~~ 10014
sixty-eighth day before the day of the election for which the 10015
question or questions on the petition would qualify for submission 10016
to the electors of the precinct, examine and determine the 10017
sufficiency of the signatures and review, examine, and determine 10018
the validity of the petition and, in case of overlapping precinct 10019
petitions presented within that period, determine which of the 10020
petitions shall govern the further proceedings of the board. In 10021
the case where the board determines that two or more overlapping 10022
petitions are valid, the earlier filed petition shall govern. The 10023
board shall certify the sufficiency and validity of any petition 10024
determined to be valid. The board shall determine the validity of 10025
the petition as of the time of certification as described in this 10026
division. 10027

       (2) If a petition is sufficient, and, in case of overlapping 10028
precinct petitions, after the board has determined the governing 10029
petition, the board to which the petition has been presented shall 10030
order the holding of a special election in the precinct for the 10031
submission of whichever of the questions specified in section 10032
4301.35 or 4301.351 of the Revised Code are designated in the 10033
petition, on the day of the next general or primary election, 10034
whichever occurs first. 10035

       (3) All petitions filed with a board of elections under this 10036
section shall be open to public inspection under rules adopted by 10037
the board. 10038

       (4) Protest against local option petitions may be filed by 10039
any elector eligible to vote on the question or questions 10040
described in the petitions or by a permit holder or liquor agency 10041
store in the precinct as described in the petitions, not later 10042
than four p.m. of the sixty-fourth day before the day of the 10043
general or primary election for which the petition qualified. The 10044
protest shall be in writing and shall be filed with the election 10045
officials with whom the petition was filed. Upon filing of the 10046
protest, the election officials with whom it is filed shall 10047
promptly fix the time for hearing it, and shall mail notice of the 10048
filing of the protest and the time and place for hearing it to the 10049
person who filed the petition and to the person who filed the 10050
protest. At the time and place fixed, the election officials shall 10051
hear the protest and determine the validity of the petition. 10052

       Sec. 4301.331. (A) The privilege of local option conferred 10053
by section 4301.321 of the Revised Code shall be exercised if a 10054
certified copy of the judgment issued pursuant to division (D) or 10055
(E) of section 3767.05 of the Revised Code that is the basis for 10056
the exercise of the local option privilege is filed pursuant to 10057
division (G) of section 3767.05 of the Revised Code indicating 10058
that a liquor permit premises has been adjudged a nuisance. The 10059
certified copy of the judgment shall be filed in accordance with 10060
this section by the person or public official who brought the 10061
action under section 3763.03 of the Revised Code. 10062

       (B) The certified copy of the judgment prescribed under 10063
division (A) of this section shall be filed with the board of 10064
elections of the county in which the nuisance was adjudged to 10065
exist pursuant to division (D) or (E) of section 3767.05 of the 10066
Revised Code not later than four p.m. of the seventy-fifth day 10067
before the day of the next general or primary election. 10068

       (C) The statement prescribed under division (A) of this 10069
section shall contain both of the following: 10070

       (1) A notice that the statement is for the submission of the 10071
question set forth in section 4301.352 of the Revised Code; 10072

       (2) The name of a class C or D permit holder and the address 10073
of the permit holder's permit premises. If the business conducted 10074
by a class C or D permit holder at the permit premises has a name 10075
different from the permit holder's personal or corporate name, the 10076
name of the permit holder's business shall be stated along with 10077
the permit holder's personal or corporate name. 10078

       (D) Not later than five days after the certified copy of the 10079
judgment prescribed under division (A) of this section is filed, 10080
the board shall give notice by certified mail that it has received 10081
the certified copy of the judgment to the liquor permit holder 10082
whose permit would be affected by the results of the election 10083
required by the filing of the certified copy of the judgment. 10084
Failure of the petitioner to supply a complete and accurate 10085
address of the liquor permit holder to the board of elections 10086
invalidates the election. 10087

       For purposes of this section, "complete and accurate address" 10088
means all of the following: 10089

       (1) The address of the liquor permit premises; 10090

       (2) The address of the statutory agent of the liquor permit 10091
holder, if applicable; 10092

       (3) The address of the liquor permit holder if different from 10093
the liquor permit premises address. 10094

       (E) Not later than the ~~sixty-sixth~~sixty-eighth day before 10095
the day of the next general or primary election, whichever occurs 10096
first, the board shall certify the sufficiency and validity of the 10097
certified copy of the judgment, make such determination as of the 10098
time of certification, and order the holding of an election in the 10099
precinct on the day of that general or primary election for the 10100
submission of the question set forth in section 4301.352 of the 10101
Revised Code. 10102

       (F) A certified copy of the judgment filed with the board of 10103
elections under division (A) of this section shall be open to 10104
public inspection under rules adopted by the board. 10105

       An elector who is eligible to vote on the question set forth 10106
in section 4301.352 of the Revised Code or the permit holder named 10107
on the certified copy of the judgment, not later than four p.m. of 10108
the sixty-fourth day before the day of the election at which the 10109
question will be submitted to the electors, may file a protest 10110
against a local option petition. The protest shall be in writing 10111
and shall be filed with the election officials with whom the 10112
certified copy of the judgment was filed. Upon the filing of the 10113
protest, the election officials with whom it is filed shall 10114
promptly fix a time and place for hearing the protest, and shall 10115
mail notice of the time and place for hearing it to the person who 10116
filed the certified copy of the judgment and to the person who 10117
filed the protest. At the time and place fixed, the election 10118
officials shall hear the protest and determine the validity of the 10119
certified copy of the judgment. 10120

       Sec. 4301.332. (A) The board of elections shall provide to a 10121
petitioner circulating a petition for an election for the 10122
submission of one or more of the questions specified in section 10123
4301.353 or 4301.354 of the Revised Code, at the time of taking 10124
out the petition, the names of the streets and, if appropriate, 10125
the address numbers of residences and business establishments 10126
within the precinct that would be affected by the results of the 10127
election, and a form prescribed by the secretary of state for 10128
notifying affected permit holders of the circulation of a petition 10129
for an election for the submission of one or more of the questions 10130
specified in section 4301.353 or 4301.354 of the Revised Code. The 10131
petitioner shall, not less than forty-five days before the 10132
petition-filing deadline for the election, as provided in this 10133
section, file with the division of liquor control the information 10134
regarding names of streets and, if appropriate, address numbers of 10135
residences and business establishments provided by the board of 10136
elections, and specify to the division the portion of the precinct 10137
that would be affected by the results of the election and the 10138
filing deadline. The division shall, within a reasonable period of 10139
time and not later than fifteen days before the filing deadline, 10140
supply the petitioner with a list of the names and addresses of 10141
permit holders, if any, who would be affected by the election. The 10142
list shall contain a heading with the following words: "Liquor 10143
permit holders who would be affected by the question(s) set forth 10144
on petition for a local option election." 10145

       Within five days after a petitioner has received from the 10146
division the list of liquor permit holders, if any, who would be 10147
affected by the question or questions set forth on a petition for 10148
local option election, the petitioner, using the form provided by 10149
the board of elections, shall notify by certified mail each permit 10150
holder whose name appears on that list. The form for notifying 10151
affected permit holders shall require the petitioner to state the 10152
petitioner's name and street address and shall contain a statement 10153
that a petition is being circulated for an election for the 10154
submission of the question or questions specified in section 10155
4301.353 or 4301.354 of the Revised Code. The form shall require 10156
the petitioner to state the question or questions to be submitted 10157
as they appear on the petition. 10158

       The petitioner shall attach a copy of the list provided by 10159
the division to each petition paper. A part petition paper 10160
circulated at any time without the list of affected permit holders 10161
attached to it is invalid. 10162

       At the time the petitioner files the petition with the board 10163
of elections, the petitioner shall provide to the board the list 10164
supplied by the division and an affidavit certifying that the 10165
petitioner notified all affected permit holders, if any, on the 10166
list in the manner and within the time required in this section 10167
and that, at the time each signer of the petition affixed the 10168
signer's signature to the petition, the petition paper contained a 10169
copy of the list of affected permit holders. 10170

       Within five days after receiving a petition calling for an 10171
election for the submission of one or more of the questions 10172
specified in section 4301.353 or 4301.354 of the Revised Code, the 10173
board shall give notice by certified mail that it has received the 10174
petition to all liquor permit holders, if any, whose names appear 10175
on the list of affected permit holders filed by the petitioner as 10176
furnished by the division. Failure of the petitioner to supply the 10177
affidavit required by this section and a complete and accurate 10178
list of liquor permit holders as furnished by the division 10179
invalidates the entire petition. The board of elections shall 10180
provide to a permit holder who would be affected by a proposed 10181
local option election, on the permit holder's request, the names 10182
of the streets, and, if appropriate, the address numbers of 10183
residences and business establishments within the portion of the 10184
precinct that would be affected by the results of the election. 10185
The board may charge a reasonable fee for this information when 10186
provided to the petitioner and the permit holder. 10187

       This division does not apply to an election held under 10188
section 4301.353 or 4301.354 of the Revised Code if the results of 10189
the election would not affect any permit holder. 10190

       (B) Upon the presentation of a petition, not later than four 10191
p.m. of the seventy-fifth day before the day of a general or 10192
primary election, to the board of elections of the county where 10193
the precinct is located, designating whether it is a petition for 10194
an election for the submission of one or both of the questions 10195
specified in section 4301.353 of the Revised Code, or a petition 10196
for the submission of one or more of the questions specified in 10197
section 4301.354 of the Revised Code, designating the particular 10198
question or questions specified in section 4301.353 or 4301.354 of 10199
the Revised Code that are to be submitted, and signed by the 10200
qualified electors of the precinct concerned, equal in number to 10201
thirty-five per cent of the total number of votes cast in the 10202
precinct concerned for the office of governor at the preceding 10203
general election for that office, the board shall submit the 10204
question or questions specified in the petition to the electors of 10205
the precinct concerned, on the day of the next general or primary 10206
election, whichever occurs first and shall proceed as follows: 10207

       (1) Such board shall, not later than the ~~sixty-sixth~~ 10208
sixty-eighth day before the day of the election for which the 10209
question or questions on the petition would qualify for submission 10210
to the electors of the precinct, examine and determine the 10211
sufficiency of the signatures and review, examine, and determine 10212
the validity of the petition and, in case of overlapping precinct 10213
petitions presented within that period, determine which of the 10214
petitions shall govern the further proceedings of the board. In 10215
the case where the board determines that two or more overlapping 10216
petitions are valid, the earlier filed petition shall govern. The 10217
board shall certify the sufficiency and validity of any petition 10218
determined to be valid. The board shall determine the validity of 10219
the petition as of the time of certification as described in this 10220
division. 10221

       (2) If a petition is sufficient, and, in case of overlapping 10222
precinct petitions, after the board has determined the governing 10223
petition, the board to which the petition has been presented shall 10224
order the holding of a special election in the precinct for the 10225
submission of whichever of the questions specified in section 10226
4301.353 or 4301.354 of the Revised Code are designated in the 10227
petition, on the day of the next general or primary election, 10228
whichever occurs first. 10229

       (C) All petitions filed with a board of elections under this 10230
section shall be open to public inspection under rules adopted by 10231
the board. 10232

       (D) Protest against local option petitions may be filed by 10233
any elector eligible to vote on the question or questions 10234
described in the petitions or by a permit holder in the precinct 10235
as described in the petitions, not later than four p.m. of the 10236
sixty-fourth day before the day of the general or primary election 10237
for which the petition qualified. The protest shall be in writing 10238
and shall be filed with the election officials with whom the 10239
petition was filed. Upon filing of the protest, the election 10240
officials with whom it is filed shall promptly fix the time for 10241
hearing it, and shall mail notice of the filing of the protest and 10242
the time and place for hearing it to the person who filed the 10243
petition and to the person who filed the protest. At the time and 10244
place fixed, the election officials shall hear the protest and 10245
determine the validity of the petition. 10246

       Sec. 4301.333. (A) The privilege of local option conferred 10247
by section 4301.323 of the Revised Code may be exercised if, not 10248
later than four p.m. of the seventy-fifth day before the day of a 10249
general or primary election, a petition is presented to the board 10250
of elections of the county in which the precinct is situated by a 10251
petitioner who is one of the following: 10252

       (1) An applicant for the issuance or transfer of a liquor 10253
permit at, or to, a particular location within the precinct; 10254

       (2) The holder of a liquor permit at a particular location 10255
within the precinct; 10256

       (3) A person who operates or seeks to operate a liquor agency 10257
store at a particular location within the precinct; 10258

       (4) The designated agent for an applicant, liquor permit 10259
holder, or liquor agency store described in division (A)(1), (2), 10260
or (3) of this section. 10261

       (B) The petition shall be signed by the electors of the 10262
precinct equal in number to at least thirty-five per cent of the 10263
total number of votes cast in the precinct for the office of 10264
governor at the preceding general election for that office and 10265
shall contain all of the following: 10266

       (1) A notice that the petition is for the submission of the 10267
question or questions set forth in section 4301.355 of the Revised 10268
Code; 10269

       (2) The name of the applicant for the issuance or transfer, 10270
or the holder, of the liquor permit or, if applicable, the name of 10271
the liquor agency store, including any trade or fictitious names 10272
under which the applicant, holder, or liquor agency store either 10273
intends to do or does business at the particular location; 10274

       (3) The address and proposed use of the particular location 10275
within the election precinct to which the results of the question 10276
or questions specified in section 4301.355 of the Revised Code 10277
shall apply. For purposes of this division, "use" means all of the 10278
following: 10279

       (a) The type of each liquor permit applied for by the 10280
applicant or held by the liquor permit holder as described in 10281
sections 4303.11 to 4303.183 of the Revised Code, including a 10282
description of the type of beer or intoxicating liquor sales 10283
authorized by each permit as provided in those sections; 10284

       (b) If a liquor agency store, the fact that the business 10285
operated as a liquor agency store authorized to operate by this 10286
state; 10287

       (c) A description of the general nature of the business of 10288
the applicant, liquor permit holder, or liquor agency store. 10289

       (4) If the petition seeks approval of Sunday sales under 10290
question (B)(2) as set forth in section 4301.355 of the Revised 10291
Code, a statement indicating whether the hours of sale sought are 10292
between ten a.m. and midnight or between one p.m. and midnight. 10293

       (C)(1) At the time the petitioner files the petition with the 10294
board of elections, the petitioner shall provide to the board both 10295
of the following: 10296

       (a) An affidavit that is signed by the petitioner and that 10297
states the proposed use of the location following the election 10298
held to authorize the sale of beer or intoxicating liquor 10299
authorized by each permit as provided in sections 4303.11 to 10300
4303.183 of the Revised Code; 10301

       (b) Written evidence of the designation of an agent by the 10302
applicant, liquor permit holder, or liquor agency store described 10303
in division (A)(1), (2), or (3) of this section for the purpose of 10304
petitioning for the local option election, if the petitioner is 10305
the designated agent of the applicant, liquor permit holder, or 10306
liquor agency store. 10307

       (2) Failure to supply the affidavit, or the written evidence 10308
of the designation of the agent if the petitioner for the local 10309
option election is the agent of the applicant, liquor permit 10310
holder, or liquor agency store described in division (A)(1), (2), 10311
or (3) of this section, at the time the petition is filed 10312
invalidates the entire petition. 10313

       (D) Not later than the ~~sixty-sixth~~sixty-eighth day before 10314
the day of the next general or primary election, whichever occurs 10315
first, the board shall examine and determine the sufficiency of 10316
the signatures and the validity of the petition. If the board 10317
finds that the petition contains sufficient signatures and in 10318
other respects is valid, it shall order the holding of an election 10319
in the precinct on the day of the next general or primary 10320
election, whichever occurs first, for the submission of the 10321
question or questions set forth in section 4301.355 of the Revised 10322
Code. 10323

       (E) A petition filed with the board of elections under this 10324
section shall be open to public inspection under rules adopted by 10325
the board. 10326

       (F) An elector who is eligible to vote on the question or 10327
questions set forth in section 4301.355 of the Revised Code may 10328
file, not later than four p.m. of the sixty-fourth day before the 10329
day of the election at which the question or questions will be 10330
submitted to the electors, a protest against a local option 10331
petition circulated and filed pursuant to this section. The 10332
protest shall be in writing and shall be filed with the election 10333
officials with whom the petition was filed. Upon the filing of the 10334
protest, the election officials with whom it is filed shall 10335
promptly establish a time and place for hearing the protest and 10336
shall mail notice of the time and place for the hearing to the 10337
applicant for, or the holder of, the liquor permit who is 10338
specified in the petition and to the elector who filed the 10339
protest. At the time and place established in the notice, the 10340
election officials shall hear the protest and determine the 10341
validity of the petition. 10342

       Sec. 4301.334. (A) The privilege of local option conferred 10343
by section 4301.324 of the Revised Code may be exercised if, not 10344
later than four p.m. of the seventy-fifth day before the day of a 10345
general or primary election, a petition and other information 10346
required by division (B) of this section are presented to the 10347
board of elections of the county in which the community facility 10348
named in the petition is located. The petition shall be signed by 10349
electors of the municipal corporation or unincorporated area of 10350
the township in which the community facility is located equal in 10351
number to at least ten per cent of the total number of votes cast 10352
in the municipal corporation or unincorporated area of the 10353
township in which the community facility is located for the office 10354
of governor at the most recent general election for that office 10355
and shall contain both of the following: 10356

       (1) A notice that the petition is for the submission of the 10357
question set forth in section 4301.356 of the Revised Code; 10358

       (2) The name and address of the community facility for which 10359
the local option election is sought and, if the community facility 10360
is a community entertainment district, the boundaries of the 10361
district. 10362

       (B) Upon the request of a petitioner, a board of elections of 10363
a county shall furnish to the petitioner a copy of the 10364
instructions prepared by the secretary of state under division (P) 10365
of section 3501.05 of the Revised Code and, within fifteen days 10366
after the request, a certificate indicating the number of valid 10367
signatures that will be required on a petition to hold an election 10368
in the municipal corporation or unincorporated area of the 10369
township in which the community facility is located on the 10370
question specified in section 4301.356 of the Revised Code. 10371

       The petitioner shall, not less than thirty days before the 10372
petition-filing deadline for an election on the question specified 10373
in section 4301.356 of the Revised Code, specify to the division 10374
of liquor control the name and address of the community facility 10375
for which the election is sought and, if the community facility is 10376
a community entertainment district, the boundaries of the 10377
district, the municipal corporation or unincorporated area of a 10378
township in which the election is sought, and the filing deadline. 10379
The division shall, within a reasonable period of time and not 10380
later than ten days before the filing deadline, supply the 10381
petitioner with the name and address of any permit holder for or 10382
within the community facility. 10383

       The petitioner shall file the name and address of any permit 10384
holder who would be affected by the election at the time the 10385
petitioner files the petition with the board of elections. Within 10386
five days after receiving the petition, the board shall give 10387
notice by certified mail to any permit holder within the community 10388
facility that it has received the petition. Failure of the 10389
petitioner to supply the name and address of any permit holder for 10390
or within the community facility as furnished to the petitioner by 10391
the division invalidates the petition. 10392

       (C) Not later than the ~~sixty-sixth~~sixty-eighth day before 10393
the day of the next general or primary election, whichever occurs 10394
first, the board shall examine and determine the sufficiency of 10395
the signatures on the petition. If the board finds that the 10396
petition is valid, it shall order the holding of an election in 10397
the municipal corporation or unincorporated area of a township on 10398
the day of the next general or primary election, whichever occurs 10399
first, for the submission of the question set forth in section 10400
4301.356 of the Revised Code. 10401

       (D) A petition filed with a board of elections under this 10402
section shall be open to public inspection under rules adopted by 10403
the board. 10404

       (E) An elector who is eligible to vote on the question set 10405
forth in section 4301.356 of the Revised Code or any permit holder 10406
for or within the community facility may, not later than four p.m. 10407
of the sixty-fourth day before the day of the election at which 10408
the question will be submitted to the electors, file a written 10409
protest against the local option petition with the board of 10410
elections with which the petition was filed. Upon the filing of 10411
the protest, the board shall promptly fix a time and place for 10412
hearing the protest and shall mail notice of the time and place to 10413
the person who filed the petition and to the person who filed the 10414
protest. At the time and place fixed, the board shall hear the 10415
protest and determine the validity of the petition. 10416

       Sec. 4305.14. (A) The following questions regarding the sale 10417
of beer by holders of C or D permits may be presented to the 10418
qualified electors of an election precinct: 10419

       (1) "Shall the sale of beer as defined in section 4305.08 of 10420
the Revised Code under permits which authorize sale for 10421
off-premises consumption only be permitted within this precinct?" 10422

       (2) "Shall the sale of beer as defined in section 4305.08 of 10423
the Revised Code under permits which authorize sale for 10424
on-premises consumption only, and under permits which authorize 10425
sale for both on-premises and off-premises consumption, be 10426
permitted in this precinct?" 10427

       The exact wording of the question as submitted and form of 10428
ballot as printed shall be determined by the board of elections in 10429
the county wherein the election is held, subject to approval of 10430
the secretary of state. 10431

       Upon the request of an elector, a board of elections of a 10432
county that encompasses an election precinct shall furnish to the 10433
elector a copy of the instructions prepared by the secretary of 10434
state under division (P) of section 3501.05 of the Revised Code 10435
and, within fifteen days after the request, with a certificate 10436
indicating the number of valid signatures that will be required on 10437
a petition to hold a special election in that precinct on either 10438
or both of the questions specified in this section. 10439

       The board shall provide to a petitioner, at the time the 10440
petitioner takes out a petition, the names of the streets and, if 10441
appropriate, the address numbers of residences and business 10442
establishments within the precinct in which the election is 10443
sought, and a form prescribed by the secretary of state for 10444
notifying affected permit holders of the circulation of a petition 10445
for an election for the submission of one or more of the questions 10446
specified in division (A) of this section. The petitioner shall, 10447
not less than forty-five days before the petition-filing deadline 10448
for an election provided for in this section, file with the 10449
division of liquor control the information regarding names of 10450
streets and, if appropriate, address numbers of residences and 10451
business establishments provided by the board of elections, and 10452
specify to the division the precinct that is concerned or that 10453
would be affected by the results of the election and the filing 10454
deadline. The division shall, within a reasonable period of time 10455
and not later than fifteen days before the filing deadline, supply 10456
the petitioner with a list of the names and addresses of permit 10457
holders who would be affected by the election. The list shall 10458
contain a heading with the following words: "liquor permit holders 10459
who would be affected by the question(s) set forth on a petition 10460
for a local option election." 10461

       Within five days after receiving from the division the list 10462
of liquor permit holders who would be affected by the question or 10463
questions set forth on a petition for local option election, the 10464
petitioner shall, using the form provided by the board of 10465
elections, notify by certified mail each permit holder whose name 10466
appears on that list. The form for notifying affected permit 10467
holders shall require the petitioner to state the petitioner's 10468
name and street address and shall contain a statement that a 10469
petition is being circulated for an election for the submission of 10470
the question or questions specified in division (B) of this 10471
section. The form shall require the petitioner to state the 10472
question or questions to be submitted as they appear on the 10473
petition. 10474

       The petitioner shall attach a copy of the list provided by 10475
the division to each petition paper. A part petition paper 10476
circulated at any time without the list of affected permit holders 10477
attached to it is invalid. 10478

       At the time of filing the petition with the board of 10479
elections, the petitioner shall provide to the board of elections 10480
the list supplied by the division and an affidavit certifying that 10481
the petitioner notified all affected permit holders on the list in 10482
the manner and within the time required in this section and that, 10483
at the time each signer of the petition signed the petition, the 10484
petition paper contained a copy of the list of affected permit 10485
holders. 10486

       Within five days after receiving a petition calling for an 10487
election for the submission of the question or questions set forth 10488
in this section, the board of elections shall give notice by 10489
certified mail that it has received the petition to all liquor 10490
permit holders whose names appear on the list of affected permit 10491
holders filed by the petitioner. Failure of the petitioner to 10492
supply the affidavit required by this section and a complete and 10493
accurate list of liquor permit holders invalidates the entire 10494
petition. The board of elections shall provide to a permit holder 10495
who would be affected by a proposed local option election, on the 10496
permit holder's request, the names of the streets, and, if 10497
appropriate, the address numbers of residences and business 10498
establishments within the precinct in which the election is sought 10499
and that would be affected by the results of the election. The 10500
board may charge a reasonable fee for this information when 10501
provided to the petitioner and the permit holder. 10502

       Upon presentation not later than four p.m. of the 10503
seventy-fifth day before the day of a general or primary election, 10504
of a petition to the board of elections of the county wherein such 10505
election is sought to be held, requesting the holding of such 10506
election on either or both of the questions specified in this 10507
section, signed by qualified electors of the precinct concerned 10508
equal in number to thirty-five per cent of the total number of 10509
votes cast in the precinct concerned for the office of governor at 10510
the preceding general election for that office, such board shall 10511
submit the question or questions specified in the petition to the 10512
electors of the precinct concerned, on the day of the next general 10513
or primary election, whichever occurs first. 10514

       (B) The board shall proceed as follows: 10515

       (1) Such board shall, upon the filing of a petition under 10516
this section, but not later than the ~~sixty-sixth~~sixty-eighth day 10517
before the day of the election for which the question or questions 10518
on the petition would qualify for submission to the electors of 10519
the precinct, examine and determine the sufficiency of the 10520
signatures and review, examine, and determine the validity of such 10521
petition and, in case of overlapping precinct petitions presented 10522
within that period, determine which of the petitions shall govern 10523
the further proceedings of the board. In the case where the board 10524
determines that two or more overlapping petitions are valid, the 10525
earlier petition shall govern. The board shall certify the 10526
sufficiency of signatures contained in the petition as of the time 10527
of filing and the validity of the petition as of the time of 10528
certification as described in division (C)(1) of this section if 10529
the board finds the petition to be both sufficient and valid. 10530

       (2) If the petition contains sufficient signatures and is 10531
valid, and, in case of overlapping precinct petitions, after the 10532
board has determined the governing petition, the board shall order 10533
the holding of a special election in the precinct for the 10534
submission of the question or questions specified in the petition, 10535
on the day of the next general or primary election, whichever 10536
occurs first. 10537

       (3) All petitions filed with a board of elections under this 10538
section shall be open to public inspection under rules adopted by 10539
the board. 10540

       (C) Protest against a local option petition may be filed by 10541
any qualified elector eligible to vote on the question or 10542
questions specified in the petition or by a permit holder in the 10543
precinct as described in the petition, not later than four p.m. of 10544
the sixty-fourth day before the day of such general or primary 10545
election for which the petition qualified. Such protest shall be 10546
in writing and shall be filed with the election officials with 10547
whom the petition was filed. Upon filing of such protest the 10548
election officials with whom it is filed shall promptly fix the 10549
time for hearing it, and shall forthwith mail notice of the filing 10550
of the protest and the time for hearing it to the person who filed 10551
the petition which is protested and to the person who filed the 10552
protest. At the time and place fixed, the election officials shall 10553
hear the protest and determine the validity of the petition. 10554

       (D) If a majority of the electors voting on the question in 10555
the precinct vote "yes" on question (1) or (2) as set forth in 10556
division (A) of this section, the sale of beer as specified in 10557
that question shall be permitted in the precinct and no subsequent 10558
election shall be held in the precinct under this section on the 10559
same question for a period of at least four years from the date of 10560
the most recent election. 10561

       If a majority of the electors voting on the question in the 10562
precinct vote "no" on question (1) or (2) as set forth in division 10563
(A) of this section, no C or D permit holder shall sell beer as 10564
specified in that question within the precinct during the period 10565
the election is in effect and no subsequent election shall be held 10566
in the precinct under this section on the same question for a 10567
period of at least four years from the date of the most recent 10568
election. 10569

       Sec. 4504.021. The question of repeal of a county permissive 10570
tax adopted as an emergency measure pursuant to section 4504.02, 10571
4504.15, or 4504.16 of the Revised Code may be initiated by filing 10572
with the board of elections of the county not less than 10573
seventy-five days before the general election in any year a 10574
petition requesting that an election be held on such question. 10575
Such petition shall be signed by qualified electors residing in 10576
the county equal in number to ten per cent of those voting for 10577
governor at the most recent gubernatorial election. 10578

       After determination by it that such petition is valid, the 10579
board of elections shall submit the question to the electors of 10580
the county at the next general election. The election shall be 10581
conducted, canvassed, and certified in the same manner as regular 10582
elections for county offices in the county. Notice of the election 10583
shall be published in a newspaper of general circulation in the 10584
district once a week for ~~four~~two consecutive weeks prior to the 10585
election, stating the purpose, the time, and the place of the 10586
election. The form of the ballot cast at such election shall be 10587
prescribed by the secretary of state. The question covered by such 10588
petition shall be submitted as a separate proposition, but it may 10589
be printed on the same ballot with any other proposition submitted 10590
at the same election other than the election of officers. If a 10591
majority of the qualified electors voting on the question of 10592
repeal approve the repeal, the result of the election shall be 10593
certified immediately after the canvass by the board of elections 10594
to the county commissioners, who shall thereupon, after the 10595
current year, cease to levy the tax. 10596

       Sec. 5705.191. The taxing authority of any subdivision, 10597
other than the board of education of a school district or the 10598
taxing authority of a county school financing district, by a vote 10599
of two-thirds of all its members, may declare by resolution that 10600
the amount of taxes that may be raised within the ten-mill 10601
limitation by levies on the current tax duplicate will be 10602
insufficient to provide an adequate amount for the necessary 10603
requirements of the subdivision, and that it is necessary to levy 10604
a tax in excess of such limitation for any of the purposes in 10605
section 5705.19 of the Revised Code, or to supplement the general 10606
fund for the purpose of making appropriations for one or more of 10607
the following purposes: public assistance, human or social 10608
services, relief, welfare, hospitalization, health, and support of 10609
general hospitals, and that the question of such additional tax 10610
levy shall be submitted to the electors of the subdivision at a 10611
general, primary, or special election to be held at a time therein 10612
specified. Such resolution shall not include a levy on the current 10613
tax list and duplicate unless such election is to be held at or 10614
prior to the general election day of the current tax year. Such 10615
resolution shall conform to the requirements of section 5705.19 of 10616
the Revised Code, except that a levy to supplement the general 10617
fund for the purposes of public assistance, human or social 10618
services, relief, welfare, hospitalization, health, or the support 10619
of general or tuberculosis hospitals may not be for a longer 10620
period than ten years. All other levies under this section may not 10621
be for a longer period than five years unless a longer period is 10622
permitted by section 5705.19 of the Revised Code, and the 10623
resolution shall specify the date of holding such election, which 10624
shall not be earlier than seventy-five days after the adoption and 10625
certification of such resolution. The resolution shall go into 10626
immediate effect upon its passage and no publication of the same 10627
is necessary other than that provided for in the notice of 10628
election. A copy of such resolution, immediately after its 10629
passage, shall be certified to the board of elections of the 10630
proper county or counties in the manner provided by section 10631
5705.25 of the Revised Code, and such section shall govern the 10632
arrangements for the submission of such question and other matters 10633
with respect to such election, to which section 5705.25 of the 10634
Revised Code refers, excepting that such election shall be held on 10635
the date specified in the resolution, which shall be consistent 10636
with the requirements of section 3501.01 of the Revised Code, 10637
provided that only one special election for the submission of such 10638
question may be held in any one calendar year and provided that a 10639
special election may be held upon the same day a primary election 10640
is held. Publication of notice of such election shall be made in 10641
one or more newspapers of general circulation in the county once a 10642
week for ~~four~~two consecutive weeks. 10643

       If a majority of the electors voting on the question vote in 10644
favor thereof, the taxing authority of the subdivision may make 10645
the necessary levy within such subdivision at the additional rate 10646
or at any lesser rate outside the ten-mill limitation on the tax 10647
list and duplicate for the purpose stated in the resolution. Such 10648
tax levy shall be included in the next annual tax budget that is 10649
certified to the county budget commission. 10650

       After the approval of such a levy by the electors, the taxing 10651
authority of the subdivision may anticipate a fraction of the 10652
proceeds of such levy and issue anticipation notes. In the case of 10653
a continuing levy that is not levied for the purpose of current 10654
expenses, notes may be issued at any time after approval of the 10655
levy in an amount not more than fifty per cent of the total 10656
estimated proceeds of the levy for the succeeding ten years, less 10657
an amount equal to the fraction of the proceeds of the levy 10658
previously anticipated by the issuance of anticipation notes. In 10659
the case of a levy for a fixed period that is not for the purpose 10660
of current expenses, notes may be issued at any time after 10661
approval of the levy in an amount not more than fifty per cent of 10662
the total estimated proceeds of the levy throughout the remaining 10663
life of the levy, less an amount equal to the fraction of the 10664
proceeds of the levy previously anticipated by the issuance of 10665
anticipation notes. In the case of a levy for current expenses, 10666
notes may be issued after the approval of the levy by the electors 10667
and prior to the time when the first tax collection from the levy 10668
can be made. Such notes may be issued in an amount not more than 10669
fifty per cent of the total estimated proceeds of the levy 10670
throughout the term of the levy in the case of a levy for a fixed 10671
period, or fifty per cent of the total estimated proceeds for the 10672
first ten years of the levy in the case of a continuing levy. 10673

       No anticipation notes that increase the net indebtedness of a 10674
county may be issued without the prior consent of the board of 10675
county commissioners of that county. The notes shall be issued as 10676
provided in section 133.24 of the Revised Code, shall have 10677
principal payments during each year after the year of their 10678
issuance over a period not exceeding the life of the levy 10679
anticipated, and may have a principal payment in the year of their 10680
issuance. 10681

       "Taxing authority" and "subdivision" have the same meanings 10682
as in section 5705.01 of the Revised Code. 10683

       This section is supplemental to and not in derogation of 10684
sections 5705.20, 5705.21, and 5705.22 of the Revised Code. 10685

       Sec. 5705.194. The board of education of any city, local, 10686
exempted village, cooperative education, or joint vocational 10687
school district at any time may declare by resolution that the 10688
revenue that will be raised by all tax levies which the district 10689
is authorized to impose, when combined with state and federal 10690
revenues, will be insufficient to provide for the emergency 10691
requirements of the school district or to avoid an operating 10692
deficit, and that it is therefore necessary to levy an additional 10693
tax in excess of the ten-mill limitation. The resolution shall be 10694
confined to a single purpose and shall specify that purpose. If 10695
the levy is proposed to renew all or a portion of the proceeds 10696
derived from one or more existing levies imposed pursuant to this 10697
section, it shall be called a renewal levy and shall be so 10698
designated on the ballot. If two or more existing levies are to be 10699
included in a single renewal levy but are not scheduled to expire 10700
in the same year, the resolution shall specify that the existing 10701
levies to be renewed shall not be levied after the year preceding 10702
the year in which the renewal levy is first imposed. 10703
Notwithstanding the original purpose of any one or more existing 10704
levies that are to be in any single renewal levy, the purpose of 10705
the renewal levy may be either to avoid an operating deficit or to 10706
provide for the emergency requirements of the school district. The 10707
resolution shall further specify the amount of money it is 10708
necessary to raise for the specified purpose for each calendar 10709
year the millage is to be imposed; if a renewal levy, whether the 10710
levy is to renew all, or a portion of, the proceeds derived from 10711
one or more existing levies; and the number of years in which the 10712
millage is to be in effect, which may include a levy upon the 10713
current year's tax list. The number of years may be any number not 10714
exceeding five. 10715

       The question shall be submitted at a special election on a 10716
date specified in the resolution. The date shall not be earlier 10717
than eighty days after the adoption and certification of the 10718
resolution to the county auditor and shall be consistent with the 10719
requirements of section 3501.01 of the Revised Code. A resolution 10720
for a renewal levy shall not be placed on the ballot unless the 10721
question is submitted on a date on which a special election may be 10722
held under division (D) of section 3501.01 of the Revised Code, 10723
except for the first Tuesday after the first Monday in February 10724
and August, during the last year the levy to be renewed may be 10725
extended on the real and public utility property tax list and 10726
duplicate, or at any election held in the ensuing year, except 10727
that if the resolution proposes renewing two or more existing 10728
levies, the question shall be submitted on the date of the general 10729
or primary election held during the last year at least one of the 10730
levies to be renewed may be extended on that list and duplicate, 10731
or at any election held during the ensuing year. For purposes of 10732
this section, a levy shall be considered to be an "existing levy" 10733
through the year following the last year it can be placed on the 10734
real and public utility property tax list and duplicate. 10735

       The submission of questions to the electors under this 10736
section is subject to the limitation on the number of election 10737
dates established by section 5705.214 of the Revised Code. 10738

       The resolution shall go into immediate effect upon its 10739
passage, and no publication of the resolution shall be necessary 10740
other than that provided for in the notice of election. A copy of 10741
the resolution shall immediately after its passing be certified to 10742
the county auditor of the proper county. Section 5705.195 of the 10743
Revised Code shall govern the arrangements for the submission of 10744
questions to the electors under this section and other matters 10745
concerning the election. Publication of notice of the election 10746
shall be made in one or more newspapers of general circulation in 10747
the county once a week for ~~three~~two consecutive weeks. If a 10748
majority of the electors voting on the question submitted in an 10749
election vote in favor of the levy, the board of education of the 10750
school district may make the additional levy necessary to raise 10751
the amount specified in the resolution for the purpose stated in 10752
the resolution. The tax levy shall be included in the next tax 10753
budget that is certified to the county budget commission. 10754

       After the approval of the levy and prior to the time when the 10755
first tax collection from the levy can be made, the board of 10756
education may anticipate a fraction of the proceeds of the levy 10757
and issue anticipation notes in an amount not exceeding the total 10758
estimated proceeds of the levy to be collected during the first 10759
year of the levy. 10760

       The notes shall be issued as provided in section 133.24 of 10761
the Revised Code, shall have principal payments during each year 10762
after the year of their issuance over a period not to exceed five 10763
years, and may have principal payment in the year of their 10764
issuance. 10765

       Sec. 5705.196. The election provided for in section 5705.194 10766
of the Revised Code shall be held at the regular places for voting 10767
in the district, and shall be conducted, canvassed, and certified 10768
in the same manner as regular elections in the district for the 10769
election of county officers, provided that in any such election in 10770
which only part of the electors of a precinct are qualified to 10771
vote, the board of elections may assign voters in such part to an 10772
adjoining precinct. Such an assignment may be made to an adjoining 10773
precinct in another county with the consent and approval of the 10774
board of elections of such other county. Notice of the election 10775
shall be published in one or more newspapers of general 10776
circulation in the district once a week for ~~three~~two consecutive 10777
weeks prior to the election. Such notice shall state the annual 10778
proceeds of the proposed levy, the purpose for which such proceeds 10779
are to be used, the number of years during which the levy shall 10780
run, and the estimated average additional tax rate expressed in 10781
dollars and cents for each one hundred dollars of valuation as 10782
well as in mills for each one dollar of valuation, outside the 10783
limitation imposed by Section 2 of Article XII, Ohio Constitution, 10784
as certified by the county auditor. 10785

       Sec. 5705.21. (A) At any time, the board of education of any 10786
city, local, exempted village, cooperative education, or joint 10787
vocational school district, by a vote of two-thirds of all its 10788
members, may declare by resolution that the amount of taxes which 10789
may be raised within the ten-mill limitation by levies on the 10790
current tax duplicate will be insufficient to provide an adequate 10791
amount for the necessary requirements of the school district, that 10792
it is necessary to levy a tax in excess of such limitation for one 10793
of the purposes specified in division (A), (D), (F), (H), or (DD) 10794
of section 5705.19 of the Revised Code, for general permanent 10795
improvements, for the purpose of operating a cultural center, or 10796
for the purpose of providing education technology, and that the 10797
question of such additional tax levy shall be submitted to the 10798
electors of the school district at a special election on a day to 10799
be specified in the resolution. 10800

       As used in this section, "cultural center" means a 10801
freestanding building, separate from a public school building, 10802
that is open to the public for educational, musical, artistic, and 10803
cultural purposes; "education technology" means, but is not 10804
limited to, computer hardware, equipment, materials, and 10805
accessories, equipment used for two-way audio or video, and 10806
software; and "general permanent improvements" means permanent 10807
improvements without regard to the limitation of division (F) of 10808
section 5705.19 of the Revised Code that the improvements be a 10809
specific improvement or a class of improvements that may be 10810
included in a single bond issue. 10811

       The submission of questions to the electors under this 10812
section is subject to the limitation on the number of election 10813
dates established by section 5705.214 of the Revised Code. 10814

       (B) Such resolution shall be confined to a single purpose and 10815
shall specify the amount of the increase in rate that it is 10816
necessary to levy, the purpose of the levy, and the number of 10817
years during which the increase in rate shall be in effect. The 10818
number of years may be any number not exceeding five or, if the 10819
levy is for current expenses of the district or for general 10820
permanent improvements, for a continuing period of time. The 10821
resolution shall specify the date of holding such election, which 10822
shall not be earlier than seventy-five days after the adoption and 10823
certification of the resolution and which shall be consistent with 10824
the requirements of section 3501.01 of the Revised Code. 10825

       The resolution may propose to renew one or more existing 10826
levies imposed under this section or to increase or decrease a 10827
single levy imposed under this section. If the board of education 10828
imposes one or more existing levies for the purpose specified in 10829
division (F) of section 5705.19 of the Revised Code, the 10830
resolution may propose to renew one or more of those existing 10831
levies, or to increase or decrease a single such existing levy, 10832
for the purpose of general permanent improvements. If the 10833
resolution proposes to renew two or more existing levies, the 10834
levies shall be levied for the same purpose. The resolution shall 10835
identify those levies and the rates at which they are levied. The 10836
resolution also shall specify that the existing levies shall not 10837
be extended on the tax lists after the year preceding the year in 10838
which the renewal levy is first imposed, regardless of the years 10839
for which those levies originally were authorized to be levied. 10840

       The resolution shall go into immediate effect upon its 10841
passage, and no publication of the resolution shall be necessary 10842
other than that provided for in the notice of election. A copy of 10843
the resolution shall immediately after its passing be certified to 10844
the board of elections of the proper county in the manner provided 10845
by section 5705.25 of the Revised Code, and that section shall 10846
govern the arrangements for the submission of such question and 10847
other matters concerning such election, to which that section 10848
refers, except that such election shall be held on the date 10849
specified in the resolution. Publication of notice of such 10850
election shall be made in one or more newspapers of general 10851
circulation in the county once a week for ~~four~~two consecutive 10852
weeks. If a majority of the electors voting on the question so 10853
submitted in an election vote in favor of the levy, the board of 10854
education may make the necessary levy within the school district 10855
at the additional rate, or at any lesser rate in excess of the 10856
ten-mill limitation on the tax list, for the purpose stated in the 10857
resolution. A levy for a continuing period of time may be reduced 10858
pursuant to section 5705.261 of the Revised Code. The tax levy 10859
shall be included in the next tax budget that is certified to the 10860
county budget commission. 10861

       (C)(1) After the approval of a levy on the current tax list 10862
and duplicate for current expenses, for recreational purposes, for 10863
community centers provided for in section 755.16 of the Revised 10864
Code, or for a public library of the district and prior to the 10865
time when the first tax collection from the levy can be made, the 10866
board of education may anticipate a fraction of the proceeds of 10867
the levy and issue anticipation notes in a principal amount not 10868
exceeding fifty per cent of the total estimated proceeds of the 10869
levy to be collected during the first year of the levy. 10870

       (2) After the approval of a levy for general permanent 10871
improvements for a specified number of years, or for permanent 10872
improvements having the purpose specified in division (F) of 10873
section 5705.19 of the Revised Code, the board of education may 10874
anticipate a fraction of the proceeds of the levy and issue 10875
anticipation notes in a principal amount not exceeding fifty per 10876
cent of the total estimated proceeds of the levy remaining to be 10877
collected in each year over a period of five years after the 10878
issuance of the notes. 10879

       The notes shall be issued as provided in section 133.24 of 10880
the Revised Code, shall have principal payments during each year 10881
after the year of their issuance over a period not to exceed five 10882
years, and may have a principal payment in the year of their 10883
issuance. 10884

       (3) After approval of a levy for general permanent 10885
improvements for a continuing period of time, the board of 10886
education may anticipate a fraction of the proceeds of the levy 10887
and issue anticipation notes in a principal amount not exceeding 10888
fifty per cent of the total estimated proceeds of the levy to be 10889
collected in each year over a specified period of years, not 10890
exceeding ten, after the issuance of the notes. 10891

       The notes shall be issued as provided in section 133.24 of 10892
the Revised Code, shall have principal payments during each year 10893
after the year of their issuance over a period not to exceed ten 10894
years, and may have a principal payment in the year of their 10895
issuance. 10896

       Sec. 5705.218. (A) The board of education of a city, local, 10897
or exempted village school district, at any time by a vote of 10898
two-thirds of all its members, may declare by resolution that it 10899
may be necessary for the school district to issue general 10900
obligation bonds for permanent improvements. The resolution shall 10901
state all of the following: 10902

       (1) The necessity and purpose of the bond issue; 10903

       (2) The date of the special election at which the question 10904
shall be submitted to the electors; 10905

       (3) The amount, approximate date, estimated rate of interest, 10906
and maximum number of years over which the principal of the bonds 10907
may be paid; 10908

       (4) The necessity of levying a tax outside the ten-mill 10909
limitation to pay debt charges on the bonds and any anticipatory 10910
securities. 10911

       On adoption of the resolution, the board shall certify a copy 10912
of it to the county auditor. The county auditor promptly shall 10913
estimate and certify to the board the average annual property tax 10914
rate required throughout the stated maturity of the bonds to pay 10915
debt charges on the bonds, in the same manner as under division 10916
(C) of section 133.18 of the Revised Code. 10917

       (B) After receiving the county auditor's certification under 10918
division (A) of this section, the board of education of the city, 10919
local, or exempted village school district, by a vote of 10920
two-thirds of all its members, may declare by resolution that the 10921
amount of taxes that can be raised within the ten-mill limitation 10922
will be insufficient to provide an adequate amount for the present 10923
and future requirements of the school district; that it is 10924
necessary to issue general obligation bonds of the school district 10925
for permanent improvements and to levy an additional tax in excess 10926
of the ten-mill limitation to pay debt charges on the bonds and 10927
any anticipatory securities; that it is necessary for a specified 10928
number of years or for a continuing period of time to levy 10929
additional taxes in excess of the ten-mill limitation to provide 10930
funds for the acquisition, construction, enlargement, renovation, 10931
and financing of permanent improvements or to pay for current 10932
operating expenses, or both; and that the question of the bonds 10933
and taxes shall be submitted to the electors of the school 10934
district at a special election, which shall not be earlier than 10935
seventy-five days after certification of the resolution to the 10936
board of elections, and the date of which shall be consistent with 10937
section 3501.01 of the Revised Code. The resolution shall specify 10938
all of the following: 10939

       (1) The county auditor's estimate of the average annual 10940
property tax rate required throughout the stated maturity of the 10941
bonds to pay debt charges on the bonds; 10942

       (2) The proposed rate of the tax, if any, for current 10943
operating expenses, the first year the tax will be levied, and the 10944
number of years it will be levied, or that it will be levied for a 10945
continuing period of time; 10946

       (3) The proposed rate of the tax, if any, for permanent 10947
improvements, the first year the tax will be levied, and the 10948
number of years it will be levied, or that it will be levied for a 10949
continuing period of time. 10950

       The resolution shall apportion the annual rate of the tax 10951
between current operating expenses and permanent improvements, if 10952
both taxes are proposed. The apportionment may but need not be the 10953
same for each year of the tax, but the respective portions of the 10954
rate actually levied each year for current operating expenses and 10955
permanent improvements shall be limited by the apportionment. The 10956
resolution shall go into immediate effect upon its passage, and no 10957
publication of it is necessary other than that provided in the 10958
notice of election. The board of education shall certify a copy of 10959
the resolution, along with copies of the auditor's estimate and 10960
its resolution under division (A) of this section, to the board of 10961
elections immediately after its adoption. 10962

       (C) The board of elections shall make the arrangements for 10963
the submission of the question to the electors of the school 10964
district, and the election shall be conducted, canvassed, and 10965
certified in the same manner as regular elections in the district 10966
for the election of county officers. The resolution shall be put 10967
before the electors as one ballot question, with a favorable vote 10968
indicating approval of the bond issue, the levy to pay debt 10969
charges on the bonds and any anticipatory securities, the current 10970
operating expenses levy, and the permanent improvements levy, if 10971
either or both levies are proposed. The board of elections shall 10972
publish notice of the election in one or more newspapers of 10973
general circulation in the school district once a week for ~~four~~ 10974
two consecutive weeks. The notice of election shall state all of 10975
the following: 10976

       (1) The principal amount of the proposed bond issue; 10977

       (2) The permanent improvements for which the bonds are to be 10978
issued; 10979

       (3) The maximum number of years over which the principal of 10980
the bonds may be paid; 10981

       (4) The estimated additional average annual property tax rate 10982
to pay the debt charges on the bonds, as certified by the county 10983
auditor; 10984

       (5) The proposed rate of the additional tax, if any, for 10985
current operating expenses; 10986

       (6) The number of years the current operating expenses tax 10987
will be in effect, or that it will be in effect for a continuing 10988
period of time; 10989

       (7) The proposed rate of the additional tax, if any, for 10990
permanent improvements; 10991

       (8) The number of years the permanent improvements tax will 10992
be in effect, or that it will be in effect for a continuing period 10993
of time; 10994

       (9) The time and place of the special election. 10995

       (D) The form of the ballot for an election under this section 10996
is as follows: 10997

       "Shall the .......... school district be authorized to do the 10998
following: 10999

       (1) Issue bonds for the purpose of .......... in the 11000
principal amount of $......, to be repaid annually over a maximum 11001
period of ...... years, and levy a property tax outside the 11002
ten-mill limitation, estimated by the county auditor to average 11003
over the bond repayment period ...... mills for each one dollar of 11004
tax valuation, which amounts to ...... (rate expressed in cents or 11005
dollars and cents, such as "36 cents" or "$1.41") for each $100 of 11006
tax valuation, to pay the annual debt charges on the bonds, and to 11007
pay debt charges on any notes issued in anticipation of those 11008
bonds?" 11009

       If either a levy for permanent improvements or a levy for 11010
current operating expenses is proposed, or both are proposed, the 11011
ballot also shall contain the following language, as appropriate: 11012

       "(2) Levy an additional property tax to provide funds for the 11013
acquisition, construction, enlargement, renovation, and financing 11014
of permanent improvements at a rate not exceeding ....... mills 11015
for each one dollar of tax valuation, which amounts to ....... 11016
(rate expressed in cents or dollars and cents) for each $100 of 11017
tax valuation, for ...... (number of years of the levy, or a 11018
continuing period of time)? 11019

       (3) Levy an additional property tax to pay current operating 11020
expenses at a rate not exceeding ....... mills for each one dollar 11021
of tax valuation, which amounts to ....... (rate expressed in 11022
cents or dollars and cents) for each $100 of tax valuation, for 11023
....... (number of years of the levy, or a continuing period of 11024
time)? 11025

         11026

  FOR THE BOND ISSUE AND LEVY (OR LEVIES) 11027
  AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)   " 11028

         11029

       (E) The board of elections promptly shall certify the results 11030
of the election to the tax commissioner and the county auditor of 11031
the county in which the school district is located. If a majority 11032
of the electors voting on the question vote for it, the board of 11033
education may proceed with issuance of the bonds and with the levy 11034
and collection of the property tax or taxes at the additional rate 11035
or any lesser rate in excess of the ten-mill limitation. Any 11036
securities issued by the board of education under this section are 11037
Chapter 133. securities, as that term is defined in section 133.01 11038
of the Revised Code. 11039

       (F)(1) After the approval of a tax for current operating 11040
expenses under this section and prior to the time the first 11041
collection and distribution from the levy can be made, the board 11042
of education may anticipate a fraction of the proceeds of such 11043
levy and issue anticipation notes in a principal amount not 11044
exceeding fifty per cent of the total estimated proceeds of the 11045
tax to be collected during the first year of the levy. 11046

       (2) After the approval of a tax under this section for 11047
permanent improvements having a specific purpose, the board of 11048
education may anticipate a fraction of the proceeds of such tax 11049
and issue anticipation notes in a principal amount not exceeding 11050
fifty per cent of the total estimated proceeds of the tax 11051
remaining to be collected in each year over a period of five years 11052
after issuance of the notes. 11053

       (3) After the approval of a tax for general, on-going 11054
permanent improvements under this section, the board of education 11055
may anticipate a fraction of the proceeds of such tax and issue 11056
anticipation notes in a principal amount not exceeding fifty per 11057
cent of the total estimated proceeds of the tax to be collected in 11058
each year over a specified period of years, not exceeding ten, 11059
after issuance of the notes. 11060

       Anticipation notes under this section shall be issued as 11061
provided in section 133.24 of the Revised Code. Notes issued under 11062
division (F)(1) or (2) of this section shall have principal 11063
payments during each year after the year of their issuance over a 11064
period not to exceed five years, and may have a principal payment 11065
in the year of their issuance. Notes issued under division (F)(3) 11066
of this section shall have principal payments during each year 11067
after the year of their issuance over a period not to exceed ten 11068
years, and may have a principal payment in the year of their 11069
issuance. 11070

       (G) A tax for current operating expenses or for permanent 11071
improvements levied under this section for a specified number of 11072
years may be renewed or replaced in the same manner as a tax for 11073
current operating expenses or for permanent improvements levied 11074
under section 5705.21 of the Revised Code. A tax for current 11075
operating expenses or for permanent improvements levied under this 11076
section for a continuing period of time may be decreased in 11077
accordance with section 5705.261 of the Revised Code. 11078

       (H) The submission of a question to the electors under this 11079
section is subject to the limitation on the number of elections 11080
that can be held in a year under section 5705.214 of the Revised 11081
Code. 11082

       (I) A school district board of education proposing a ballot 11083
measure under this section to generate local resources for a 11084
project under the school building assistance expedited local 11085
partnership program under section 3318.36 of the Revised Code may 11086
combine the questions under division (D) of this section with a 11087
question for the levy of a property tax to generate moneys for 11088
maintenance of the classroom facilities acquired under that 11089
project as prescribed in section 3318.361 of the Revised Code. 11090

       Sec. 5705.23. The board of library trustees of any county, 11091
municipal corporation, school district, or township public library 11092
by a vote of two-thirds of all its members may, at any time, 11093
declare by resolution that the amount of taxes which may be raised 11094
within the ten-mill limitation by levies on the current tax 11095
duplicate will be insufficient to provide an adequate amount for 11096
the necessary requirements of the public library, that it is 11097
necessary to levy a tax in excess of such limitation for current 11098
expenses of the public library or for the construction of any 11099
specific permanent improvement or class of improvements which the 11100
board of library trustees is authorized to make or acquire and 11101
which could be included in a single issue of bonds, and that the 11102
question of such additional tax levy shall be submitted by the 11103
taxing authority of the political subdivision to whose 11104
jurisdiction the board is subject, to the electors of the 11105
subdivision, or, if the resolution so states, to the electors 11106
residing within the boundaries of the library district, as defined 11107
by the state library board pursuant to section 3375.01 of the 11108
Revised Code, at a special election on the day ~~specified by~~ 11109
~~division (E) of section 3501.01 of the Revised Code for the~~ 11110
~~holding~~ of athe primary election or at an election on another day 11111
to be specified in the resolution. No more than two elections 11112
shall be held under authority of this section in any one calendar 11113
year. Such resolution shall conform to section 5705.19 of the 11114
Revised Code, except that the tax levy may be in effect for any 11115
specified number of years or for a continuing period of time, as 11116
set forth in the resolution, and the resolution shall specify the 11117
date of holding the election, which shall not be earlier than 11118
seventy-five days after the adoption and certification of the 11119
resolution to the taxing authority of the political subdivision to 11120
whose jurisdiction the board is subject, and which shall be 11121
consistent with the requirements of section 3501.01 of the Revised 11122
Code. The resolution shall not include a levy on the current tax 11123
list and duplicate unless the election is to be held at or prior 11124
to the first Tuesday after the first Monday in November of the 11125
current tax year. 11126

       Upon receipt of the resolution, the taxing authority of the 11127
political subdivision to whose jurisdiction the board is subject 11128
shall adopt a resolution providing for the submission of such 11129
additional tax levy to the electors of the subdivision, or, if the 11130
resolution so states, to the electors residing within the 11131
boundaries of the library district, as defined by the state 11132
library board pursuant to section 3375.01 of the Revised Code, on 11133
the date specified in the resolution of the board of library 11134
trustees. The resolution adopted by the taxing authority shall 11135
otherwise conform to the resolution certified to it by the board. 11136
The resolution of the taxing authority shall be certified to the 11137
board of elections of the proper county not less than seventy-five 11138
days before the date of such election. Such resolution shall go 11139
into immediate effect upon its passage, and no publication of the 11140
resolution shall be necessary other than that provided in the 11141
notice of election. Section 5705.25 of the Revised Code shall 11142
govern the arrangements for the submission of such question and 11143
other matters concerning the election, to which that section 11144
refers, except that if the resolution so states, the question 11145
shall be submitted to the electors residing within the boundaries 11146
of the library district, as defined by the state library board 11147
pursuant to section 3375.01 of the Revised Code, and except that 11148
such election shall be held on the date specified in the 11149
resolution. If a majority of the electors voting on the question 11150
so submitted in an election vote in favor of such levy, the taxing 11151
authority may forthwith make the necessary levy within the 11152
subdivision or within the boundaries of the library district, as 11153
defined by the state library board pursuant to section 3375.01 of 11154
the Revised Code, at the additional rate in excess of the ten-mill 11155
limitation on the tax list, for the purpose stated in such 11156
resolutions. Such tax levy shall be included in the next annual 11157
tax budget that is certified to the county budget commission. The 11158
proceeds of any library levy in excess of the ten-mill limitation 11159
shall be used for purposes of the board in accordance with the law 11160
applicable to the board. 11161

       After the approval of a levy on the current tax list and 11162
duplicate to provide an increase in current expenses, and prior to 11163
the time when the first tax collection from such levy can be made, 11164
the taxing authority at the request of the board of library 11165
trustees may anticipate a fraction of the proceeds of such levy 11166
and issue anticipation notes in an amount not exceeding fifty per 11167
cent of the total estimated proceeds of the levy to be collected 11168
during the first year of the levy. 11169

       After the approval of a levy to provide revenues for the 11170
construction or acquisition of any specific permanent improvement 11171
or class of improvements, the taxing authority at the request of 11172
the board of library trustees may anticipate a fraction of the 11173
proceeds of such levy and issue anticipation notes in a principal 11174
amount not exceeding fifty per cent of the total estimated 11175
proceeds of the levy to be collected in each year over a period of 11176
ten years after the issuance of such notes. 11177

       The notes shall be issued as provided in section 133.24 of 11178
the Revised Code, shall have principal payments during each year 11179
after the year of their issuance over a period not to exceed ten 11180
years, and may have a principal payment in the year of their 11181
issuance. 11182

       When a board of public library trustees of a county library 11183
district, appointed under section 3375.22 of the Revised Code, 11184
requests the submission of such special levy, the taxing authority 11185
shall submit the levy to the voters of the county library district 11186
only. For the purposes of this section, and of the board of public 11187
library trustees only, the words "electors of the subdivision," as 11188
used in this section and in section 5705.25 of the Revised Code, 11189
mean "electors of the county library district." Any levy approved 11190
by the electors of the county library district shall be made 11191
within the county library district only. 11192

       Sec. 5705.25. (A) A copy of any resolution adopted as 11193
provided in section 5705.19 of the Revised Code shall be certified 11194
by the taxing authority to the board of elections of the proper 11195
county not less than seventy-five days before the general election 11196
in any year, and the board shall submit the proposal to the 11197
electors of the subdivision at the succeeding November election. 11198
Except as otherwise provided in this division, a resolution to 11199
renew an existing levy, regardless of the section of the Revised 11200
Code under which the tax was imposed, shall not be placed on the 11201
ballot unless the question is submitted at the general election 11202
held during the last year the tax to be renewed or replaced may be 11203
extended on the real and public utility property tax list and 11204
duplicate, or at any election held in the ensuing year. The 11205
limitation of the foregoing sentence does not apply to a 11206
resolution to renew and increase or to renew part of an existing 11207
levy that was imposed under section 5705.191 of the Revised Code 11208
to supplement the general fund for the purpose of making 11209
appropriations for one or more of the following purposes: for 11210
public assistance, human or social services, relief, welfare, 11211
hospitalization, health, and support of general hospitals. The 11212
limitation of the second preceding sentence also does not apply to 11213
a resolution that proposes to renew two or more existing levies 11214
imposed under section 5705.21 of the Revised Code, in which case 11215
the question shall be submitted on the date of the general or 11216
primary election held during the last year at least one of the 11217
levies to be renewed may be extended on the real and public 11218
utility property tax list and duplicate, or at any election held 11219
during the ensuing year. For purposes of this section, a levy 11220
shall be considered to be an "existing levy" through the year 11221
following the last year it can be placed on that tax list and 11222
duplicate. 11223

       The board shall make the necessary arrangements for the 11224
submission of such questions to the electors of such subdivision, 11225
and the election shall be conducted, canvassed, and certified in 11226
the same manner as regular elections in such subdivision for the 11227
election of county officers. Notice of the election shall be 11228
published in a newspaper of general circulation in the subdivision 11229
once a week for ~~four~~two consecutive weeks prior to the election, 11230
stating the purpose, the proposed increase in rate, expressed in 11231
dollars and cents for each one hundred dollars of valuation as 11232
well as in mills for each one dollar of valuation, the number of 11233
years during which the increase will be in effect, the first month 11234
and year in which the tax will be levied, and the time and place 11235
of the election. 11236

       (B) The form of the ballots cast at an election held pursuant 11237
to division (A) of this section shall be as follows: 11238

       "An additional tax for the benefit of (name of subdivision or 11239
public library) .......... for the purpose of (purpose stated in 11240
the resolution) .......... at a rate not exceeding ...... mills 11241
for each one dollar of valuation, which amounts to (rate expressed 11242
in dollars and cents) ............ for each one hundred dollars of 11243
valuation, for ...... (life of indebtedness or number of years the 11244
levy is to run). 11245

         11246

For the Tax Levy 11247
Against the Tax Levy " 11248

         11249

       (C) If the levy is to be in effect for a continuing period of 11250
time, the notice of election and the form of ballot shall so state 11251
instead of setting forth a specified number of years for the levy. 11252

       If the tax is to be placed on the current tax list, the form 11253
of the ballot shall be modified by adding, after the statement of 11254
the number of years the levy is to run, the phrase ", commencing 11255
in .......... (first year the tax is to be levied), first due in 11256
calendar year .......... (first calendar year in which the tax 11257
shall be due)." 11258

       If the levy submitted is a proposal to renew, increase, or 11259
decrease an existing levy, the form of the ballot specified in 11260
division (B) of this section may be changed by substituting for 11261
the words "An additional" at the beginning of the form, the words 11262
"A renewal of a" in case of a proposal to renew an existing levy 11263
in the same amount; the words "A renewal of ........ mills and an 11264
increase of ...... mills to constitute a" in the case of an 11265
increase; or the words "A renewal of part of an existing levy, 11266
being a reduction of ...... mills, to constitute a" in the case of 11267
a decrease in the proposed levy. 11268

       If the levy submitted is a proposal to renew two or more 11269
existing levies imposed under section 5705.21 of the Revised Code, 11270
the form of the ballot specified in division (B) of this section 11271
shall be modified by substituting for the words "an additional 11272
tax" the words "a renewal of ....(insert the number of levies to 11273
be renewed) existing taxes." 11274

       The question covered by such resolution shall be submitted as 11275
a separate proposition but may be printed on the same ballot with 11276
any other proposition submitted at the same election, other than 11277
the election of officers. More than one such question may be 11278
submitted at the same election. 11279

       (D) A levy voted in excess of the ten-mill limitation under 11280
this section shall be certified to the tax commissioner. In the 11281
first year of the levy, it shall be extended on the tax lists 11282
after the February settlement succeeding the election. If the 11283
additional tax is to be placed upon the tax list of the current 11284
year, as specified in the resolution providing for its submission, 11285
the result of the election shall be certified immediately after 11286
the canvass by the board of elections to the taxing authority, who 11287
shall make the necessary levy and certify it to the county 11288
auditor, who shall extend it on the tax lists for collection. 11289
After the first year, the tax levy shall be included in the annual 11290
tax budget that is certified to the county budget commission. 11291

       Sec. 5705.251. (A) A copy of a resolution adopted under 11292
section 5705.212 or 5705.213 of the Revised Code shall be 11293
certified by the board of education to the board of elections of 11294
the proper county not less than seventy-five days before the date 11295
of the election specified in the resolution, and the board of 11296
elections shall submit the proposal to the electors of the school 11297
district at a special election to be held on that date. The board 11298
of elections shall make the necessary arrangements for the 11299
submission of the question or questions to the electors of the 11300
school district, and the election shall be conducted, canvassed, 11301
and certified in the same manner as regular elections in the 11302
school district for the election of county officers. Notice of the 11303
election shall be published in a newspaper of general circulation 11304
in the subdivision once a week for ~~four~~two consecutive weeks 11305
prior to the election. 11306

       (1) In the case of a resolution adopted under section 11307
5705.212 of the Revised Code, the notice shall state separately, 11308
for each tax being proposed, the purpose; the proposed increase in 11309
rate, expressed in dollars and cents for each one hundred dollars 11310
of valuation as well as in mills for each one dollar of valuation; 11311
the number of years during which the increase will be in effect; 11312
and the first calendar year in which the tax will be due. For an 11313
election on the question of a renewal levy, the notice shall state 11314
the purpose; the proposed rate, expressed in dollars and cents for 11315
each one hundred dollars of valuation as well as in mills for each 11316
one dollar of valuation; and the number of years the tax will be 11317
in effect. 11318

       (2) In the case of a resolution adopted under section 11319
5705.213 of the Revised Code, the notice shall state the purpose; 11320
the amount proposed to be raised by the tax in the first year it 11321
is levied; the estimated average additional tax rate for the first 11322
year it is proposed to be levied, expressed in mills for each one 11323
dollar of valuation and in dollars and cents for each one hundred 11324
dollars of valuation; the number of years during which the 11325
increase will be in effect; and the first calendar year in which 11326
the tax will be due. The notice also shall state the amount by 11327
which the amount to be raised by the tax may be increased in each 11328
year after the first year. The amount of the allowable increase 11329
may be expressed in terms of a dollar increase over, or a 11330
percentage of, the amount raised by the tax in the immediately 11331
preceding year. For an election on the question of a renewal levy, 11332
the notice shall state the purpose; the amount proposed to be 11333
raised by the tax; the estimated tax rate, expressed in mills for 11334
each one dollar of valuation and in dollars and cents for each one 11335
hundred dollars of valuation; and the number of years the tax will 11336
be in effect. 11337

       In any case, the notice also shall state the time and place 11338
of the election. 11339

       (B) The form of the ballot in an election on taxes proposed 11340
under section 5705.212 of the Revised Code shall be as follows: 11341

       "Shall the .......... school district be authorized to levy 11342
taxes for current expenses, the aggregate rate of which may 11343
increase in ...... (number) increment(s) of not more than ...... 11344
mill(s) for each dollar of valuation, from an original rate of 11345
...... mill(s) for each dollar of valuation, which amounts to 11346
...... (rate expressed in dollars and cents) for each one hundred 11347
dollars of valuation, to a maximum rate of ...... mill(s) for each 11348
dollar of valuation, which amounts to ...... (rate expressed in 11349
dollars and cents) for each one hundred dollars of valuation? The 11350
original tax is first proposed to be levied in ...... (the first 11351
year of the tax), and the incremental tax in ...... (the first 11352
year of the increment) (if more than one incremental tax is 11353
proposed in the resolution, the first year that each incremental 11354
tax is proposed to be levied shall be stated in the preceding 11355
format, and the increments shall be referred to as the first, 11356
second, third, or fourth increment, depending on their number). 11357
The aggregate rate of tax so authorized will .......... (insert 11358
either, "expire with the original rate of tax which shall be in 11359
effect for ...... years" or "be in effect for a continuing period 11360
of time"). 11361

         11362

FOR THE TAX ~~LEVYS~~ LEVIES 11363
AGAINST THE TAX ~~LEVYS~~ LEVIES " 11364

         11365

       The form of the ballot in an election on the question of a 11366
renewal levy under section 5705.212 of the Revised Code shall be 11367
as follows: 11368

       "Shall the ......... school district be authorized to renew a 11369
tax for current expenses at a rate not exceeding ......... mills 11370
for each dollar of valuation, which amounts to ......... (rate 11371
expressed in dollars and cents) for each one hundred dollars of 11372
valuation, for .......... (number of years the levy shall be in 11373
effect, or a continuing period of time)? 11374

         11375

FOR THE TAX LEVY 11376
AGAINST THE TAX LEVY " 11377

         11378

       If the tax is to be placed on the current tax list, the form 11379
of the ballot shall be modified by adding, after the statement of 11380
the number of years the levy is to be in effect, the phrase ", 11381
commencing in .......... (first year the tax is to be levied), 11382
first due in calendar year .......... (first calendar year in 11383
which the tax shall be due)." 11384

       (C) The form of the ballot in an election on a tax proposed 11385
under section 5705.213 of the Revised Code shall be as follows: 11386

       "Shall the ........ school district be authorized to levy the 11387
following tax for current expenses? The tax will first be levied 11388
in ...... (year) to raise ...... (dollars). In the ...... (number 11389
of years) following years, the tax will increase by not more than 11390
...... (per cent or dollar amount of increase) each year, so that, 11391
during ...... (last year of the tax), the tax will raise 11392
approximately ...... (dollars). The county auditor estimates that 11393
the rate of the tax per dollar of valuation will be ...... 11394
mill(s), which amounts to $..... per one hundred dollars of 11395
valuation, both during ...... (first year of the tax) and ...... 11396
mill(s), which amounts to $...... per one hundred dollars of 11397
valuation, during ...... (last year of the tax). The tax will not 11398
be levied after ...... (year). 11399

         11400

FOR THE TAX LEVY 11401
AGAINST THE TAX LEVY " 11402

         11403

       The form of the ballot in an election on the question of a 11404
renewal levy under section 5705.213 of the Revised Code shall be 11405
as follows: 11406

       "Shall the ......... school district be authorized to renew a 11407
tax for current expenses which will raise ......... (dollars), 11408
estimated by the county auditor to be ......... mills for each 11409
dollar of valuation, which amounts to ......... (rate expressed in 11410
dollars and cents) for each one hundred dollars of valuation? The 11411
tax shall be in effect for ......... (the number of years the levy 11412
shall be in effect, or a continuing period of time). 11413

         11414

FOR THE TAX LEVY 11415
AGAINST THE TAX LEVY " 11416

         11417

       If the tax is to be placed on the current tax list, the form 11418
of the ballot shall be modified by adding, after the statement of 11419
the number of years the levy is to be in effect, the phrase ", 11420
commencing in .......... (first year the tax is to be levied), 11421
first due in calendar year .......... (first calendar year in 11422
which the tax shall be due)." 11423

       (D) The question covered by a resolution adopted under 11424
section 5705.212 or 5705.213 of the Revised Code shall be 11425
submitted as a separate question, but may be printed on the same 11426
ballot with any other question submitted at the same election, 11427
other than the election of officers. More than one question may be 11428
submitted at the same election. 11429

       (E) Taxes voted in excess of the ten-mill limitation under 11430
division (B) or (C) of this section shall be certified to the tax 11431
commissioner. If an additional tax is to be placed upon the tax 11432
list of the current year, as specified in the resolution providing 11433
for its submission, the result of the election shall be certified 11434
immediately after the canvass by the board of elections to the 11435
board of education. The board of education immediately shall make 11436
the necessary levy and certify it to the county auditor, who shall 11437
extend it on the tax list for collection. After the first year, 11438
the levy shall be included in the annual tax budget that is 11439
certified to the county budget commission. 11440

       Sec. 5705.261. The question of decrease of an increased rate 11441
of levy approved for a continuing period of time by the voters of 11442
a subdivision may be initiated by the filing of a petition with 11443
the board of elections of the proper county not less than 11444
seventy-five days before the general election in any year 11445
requesting that an election be held on such question. Such 11446
petition shall state the amount of the proposed decrease in the 11447
rate of levy and shall be signed by qualified electors residing in 11448
the subdivision equal in number to at least ten per cent of the 11449
total number of votes cast in the subdivision for the office of 11450
governor at the most recent general election for that office. Only 11451
one such petition may be filed during each five-year period 11452
following the election at which the voters approved the increased 11453
rate for a continuing period of time. 11454

       After determination by it that such petition is valid, the 11455
board of elections shall submit the question to the electors of 11456
the district at the succeeding general election. The election 11457
shall be conducted, canvassed, and certified in the same manner as 11458
regular elections in such subdivision for county offices. Notice 11459
of the election shall be published in a newspaper of general 11460
circulation in the district once a week for ~~four~~two consecutive 11461
weeks prior to the election, stating the purpose, the amount of 11462
the proposed decrease in rate and the time and place of the 11463
election. The form of the ballot cast at such election shall be 11464
prescribed by the secretary of state. The question covered by such 11465
petition shall be submitted as a separate proposition but it may 11466
be printed on the same ballot with any other propositions 11467
submitted at the same election other than the election of 11468
officers. If a majority of the qualified electors voting on the 11469
question of a decrease at such election approve the proposed 11470
decrease in rate, the result of the election shall be certified 11471
immediately after the canvass by the board of elections to the 11472
subdivision's taxing authority, which shall thereupon, after the 11473
current year, cease to levy such increased rate or levy such tax 11474
at such reduced rate upon the duplicate of the subdivision. If 11475
notes have been issued in anticipation of the collection of such 11476
levy, the taxing authority shall continue to levy and collect 11477
under authority of the election authorizing the original levy such 11478
amounts as will be sufficient to pay the principal of and interest 11479
on such anticipation notes as the same fall due. 11480

       Sec. 5705.71. (A) The electors of a county may initiate the 11481
question of a tax levy for support of senior citizens services or 11482
facilities by the filing of a petition with the board of elections 11483
of that county not less than seventy-five days before the date of 11484
any primary or general election requesting that an election be 11485
held on such question. The petition shall be signed by at least 11486
ten per cent of the qualified electors residing in the county and 11487
voting for the office of governor at the last general election. 11488

       (B) The petition shall state the purpose for which the senior 11489
citizens tax levy is being proposed, shall specify the amount of 11490
the proposed increase in rate, the period of time during which the 11491
increase is to be in effect, and whether the levy is to be imposed 11492
in the current year. The number of years may be any number not 11493
exceeding five, except that when the additional rate is for the 11494
payment of debt charges the increased rate shall be for the life 11495
of the indebtedness. 11496

       (C) After determination by it that such petition is valid, 11497
the board of elections shall submit the question to the electors 11498
of the county at the succeeding primary or general election. 11499

       (D) The election shall be conducted, canvassed, and certified 11500
in the same manner as regular elections in such county for county 11501
offices. Notice of the election shall be published in a newspaper 11502
of general circulation in the county once a week for ~~four~~two 11503
consecutive weeks prior to the election, stating the purpose, the 11504
amount of the proposed increase in rate, and the time and place of 11505
the election. 11506

       (E) The form of the ballot cast at such election shall be 11507
prescribed by the secretary of state. If the tax is to be placed 11508
on the tax list of the current tax year, the form of the ballot 11509
shall include a statement to that effect and shall indicate the 11510
first calendar year the tax will be due. The question covered by 11511
such petition shall be submitted as a separate proposition but it 11512
may be printed on the same ballot with any other propositions 11513
submitted at the same election other than the election of 11514
officers. 11515

       (F) If a majority of electors voting on the question vote in 11516
favor of the levy, the board of county commissioners shall levy a 11517
tax, for the period and the purpose stated within the petition. If 11518
the tax is to be placed upon the tax list of the current year, as 11519
specified in the petition, the result of the election shall be 11520
certified immediately after the canvass by the board of elections 11521
to the board of county commissioners, which shall forthwith make 11522
the necessary levy and certify it to the county auditor, who shall 11523
extend it on the tax list for collection. After the first year, 11524
the tax levy shall be included in the annual tax budget that is 11525
certified to the county budget commission. 11526

       Sec. 5739.022. (A) The question of repeal of either a county 11527
permissive tax or an increase in the rate of a county permissive 11528
tax that was adopted as an emergency measure pursuant to section 11529
5739.021 or 5739.026 of the Revised Code may be initiated by 11530
filing with the board of elections of the county not less than 11531
seventy-five days before the general election in any year a 11532
petition requesting that an election be held on the question. The 11533
question of repealing an increase in the rate of the county 11534
permissive tax shall be submitted to the electors as a separate 11535
question from the repeal of the tax in effect prior to the 11536
increase in the rate. Any petition filed under this section shall 11537
be signed by qualified electors residing in the county equal in 11538
number to ten per cent of those voting for governor at the most 11539
recent gubernatorial election. 11540

       After determination by it that the petition is valid, the 11541
board of elections shall submit the question to the electors of 11542
the county at the next general election. The election shall be 11543
conducted, canvassed, and certified in the same manner as regular 11544
elections for county offices in the county. The board of elections 11545
shall notify the tax commissioner, in writing, of the election 11546
upon determining that the petition is valid. Notice of the 11547
election shall also be published in a newspaper of general 11548
circulation in the district once a week for ~~four~~two consecutive 11549
weeks prior to the election, stating the purpose, the time, and 11550
the place of the election. The form of the ballot cast at the 11551
election shall be prescribed by the secretary of state; however, 11552
the ballot question shall read, "shall the tax (or, increase in 11553
the rate of the tax) be retained? 11554

         11555

Yes 11556
No " 11557

         11558

The question covered by the petition shall be submitted as a 11559
separate proposition, but it may be printed on the same ballot 11560
with any other proposition submitted at the same election other 11561
than the election of officers. 11562

       (B) If a majority of the qualified electors voting on the 11563
question of repeal of either a county permissive tax or an 11564
increase in the rate of a county permissive tax approve the 11565
repeal, the board of elections shall notify the board of county 11566
commissioners and the tax commissioner of the result of the 11567
election immediately after the result has been declared. The board 11568
of county commissioners shall, on the first day of the calendar 11569
quarter following the expiration of sixty-five days after the date 11570
the board and the tax commissioner receive the notice, in the case 11571
of a repeal of a county permissive tax, cease to levy the tax, or, 11572
in the case of a repeal of an increase in the rate of a county 11573
permissive tax, levy the tax at the rate at which it was imposed 11574
immediately prior to the increase in rate and cease to levy the 11575
increased rate. 11576

       (C) Upon receipt from a board of elections of a notice of the 11577
results of an election required by division (B) of this section, 11578
the tax commissioner shall provide notice of a tax repeal or rate 11579
change in a manner that is reasonably accessible to all affected 11580
vendors. The commissioner shall provide this notice at least sixty 11581
days prior to the effective date of the rate change. The 11582
commissioner, by rule, may establish the method by which notice 11583
will be provided. 11584

       (D) If a vendor that is registered with the central 11585
electronic registration system provided for in section 5740.05 of 11586
the Revised Code makes a sale in this state by printed catalog and 11587
the consumer computed the tax on the sale based on local rates 11588
published in the catalog, any tax repealed or rate changed under 11589
this section shall not apply to such a sale until the first day of 11590
a calendar quarter following the expiration of one hundred twenty 11591
days from the date of notice by the tax commissioner pursuant to 11592
division (C) of this section. 11593

       Sec. 5748.02. (A) The board of education of any school 11594
district, except a joint vocational school district, may declare, 11595
by resolution, the necessity of raising annually a specified 11596
amount of money for school district purposes. A copy of the 11597
resolution shall be certified to the tax commissioner no later 11598
than eighty-five days prior to the date of the election at which 11599
the board intends to propose a levy under this section. Upon 11600
receipt of the copy of the resolution, the tax commissioner shall 11601
estimate both of the following: 11602

       (1) The property tax rate that would have to be imposed in 11603
the current year by the district to produce an equivalent amount 11604
of money; 11605

       (2) The income tax rate that would have had to have been in 11606
effect for the current year to produce an equivalent amount of 11607
money from a school district income tax. 11608

       Within ten days of receiving the copy of the board's 11609
resolution, the commissioner shall prepare these estimates and 11610
certify them to the board. Upon receipt of the certification, the 11611
board may adopt a resolution proposing an income tax under 11612
division (B) of this section at the estimated rate contained in 11613
the certification rounded to the nearest one-fourth of one per 11614
cent. The commissioner's certification applies only to the board's 11615
proposal to levy an income tax at the election for which the board 11616
requested the certification. If the board intends to submit a 11617
proposal to levy an income tax at any other election, it shall 11618
request another certification for that election in the manner 11619
prescribed in this division. 11620

       (B)(1) Upon the receipt of a certification from the tax 11621
commissioner under division (A) of this section, a majority of the 11622
members of a board of education may adopt a resolution proposing 11623
the levy of an annual tax for school district purposes on the 11624
school district income of individuals and of estates. The proposed 11625
levy may be for a continuing period of time or for a specified 11626
number of years. The resolution shall set forth the purpose for 11627
which the tax is to be imposed, the rate of the tax, which shall 11628
be the rate set forth in the commissioner's certification rounded 11629
to the nearest one-fourth of one per cent, the number of years the 11630
tax will be levied or that it will be levied for a continuing 11631
period of time, the date on which the tax shall take effect, which 11632
shall be the first day of January of any year following the year 11633
in which the question is submitted, and the date of the election 11634
at which the proposal shall be submitted to the electors of the 11635
district, which shall be on the date of a primary, general, or 11636
special election the date of which is consistent with section 11637
3501.01 of the Revised Code. If the board of education currently 11638
imposes an income tax pursuant to this chapter that is due to 11639
expire and a question is submitted under this section for a 11640
proposed income tax to take effect upon the expiration of the 11641
existing tax, the board may specify in the resolution that the 11642
proposed tax renews the expiring tax and is not an additional 11643
income tax, provided that the tax rate being proposed is no higher 11644
than the tax rate that is currently imposed. 11645

       (2) A board of education adopting a resolution under division 11646
(B)(1) of this section proposing a school district income tax for 11647
a continuing period of time and limited to the purpose of current 11648
expenses may propose in that resolution to reduce the rate or 11649
rates of one or more of the school district's property taxes 11650
levied for a continuing period of time in excess of the ten-mill 11651
limitation for the purpose of current expenses. The reduction in 11652
the rate of a property tax may be any amount, expressed in mills 11653
per one dollar in valuation, not exceeding the rate at which the 11654
tax is authorized to be levied. The reduction in the rate of a tax 11655
shall first take effect for the tax year that includes the day on 11656
which the school district income tax first takes effect, and shall 11657
continue for each tax year that both the school district income 11658
tax and the property tax levy are in effect. 11659

       In addition to the matters required to be set forth in the 11660
resolution under division (B)(1) of this section, a resolution 11661
containing a proposal to reduce the rate of one or more property 11662
taxes shall state for each such tax the maximum rate at which it 11663
currently may be levied and the maximum rate at which the tax 11664
could be levied after the proposed reduction, expressed in mills 11665
per one dollar in valuation, and that the tax is levied for a 11666
continuing period of time. 11667

       If a board of education proposes to reduce the rate of one or 11668
more property taxes under division (B)(2) of this section, the 11669
board, when it makes the certification required under division (A) 11670
of this section, shall designate the specific levy or levies to be 11671
reduced, the maximum rate at which each levy currently is 11672
authorized to be levied, and the rate by which each levy is 11673
proposed to be reduced. The tax commissioner, when making the 11674
certification to the board under division (A) of this section, 11675
also shall certify the reduction in the total effective tax rate 11676
for current expenses for each class of property that would have 11677
resulted if the proposed reduction in the rate or rates had been 11678
in effect the previous tax year. As used in this paragraph, 11679
"effective tax rate" has the same meaning as in section 323.08 of 11680
the Revised Code. 11681

       (C) A resolution adopted under division (B) of this section 11682
shall go into immediate effect upon its passage, and no 11683
publication of the resolution shall be necessary other than that 11684
provided for in the notice of election. Immediately after its 11685
adoption and at least seventy-five days prior to the election at 11686
which the question will appear on the ballot, a copy of the 11687
resolution shall be certified to the board of elections of the 11688
proper county, which shall submit the proposal to the electors on 11689
the date specified in the resolution. The form of the ballot shall 11690
be as provided in section 5748.03 of the Revised Code. Publication 11691
of notice of the election shall be made in one or more newspapers 11692
of general circulation in the county once a week for ~~four~~two 11693
consecutive weeks. The notice shall contain the time and place of 11694
the election and the question to be submitted to the electors. The 11695
question covered by the resolution shall be submitted as a 11696
separate proposition, but may be printed on the same ballot with 11697
any other proposition submitted at the same election, other than 11698
the election of officers. 11699

       (D) No board of education shall submit the question of a tax 11700
on school district income to the electors of the district more 11701
than twice in any calendar year. If a board submits the question 11702
twice in any calendar year, one of the elections on the question 11703
shall be held on the date of the general election. 11704

       Sec. 5748.04. The question of the repeal of a school 11705
district income tax levied for more than five years may be 11706
initiated not more than once in any five-year period by filing 11707
with the board of elections of the appropriate counties not later 11708
than seventy-five days before the general election in any year 11709
after the year in which it is approved by the electors a petition 11710
requesting that an election be held on the question. The petition 11711
shall be signed by qualified electors residing in the school 11712
district levying the income tax equal in number to ten per cent of 11713
those voting for governor at the most recent gubernatorial 11714
election. 11715

       The board of elections shall determine whether the petition 11716
is valid, and if it so determines, it shall submit the question to 11717
the electors of the district at the next general election. The 11718
election shall be conducted, canvassed, and certified in the same 11719
manner as regular elections for county offices in the county. 11720
Notice of the election shall be published in a newspaper of 11721
general circulation in the district once a week for ~~four~~two 11722
consecutive weeks prior to the election, stating the purpose, the 11723
time, and the place of the election. The form of the ballot cast 11724
at the election shall be as follows: 11725

       "Shall the annual income tax of ..... per cent, currently 11726
levied on the school district income of individuals and estates by 11727
.......... (state the name of the school district) for the purpose 11728
of .......... (state purpose of the tax), be repealed? 11729

         11730

For repeal of the income tax 11731
Against repeal of the income tax " 11732

         11733

       If the rate of one or more property tax levies was reduced 11734
for the duration of the income tax levy pursuant to division 11735
(B)(2) of section 5748.02 of the Revised Code, the form of the 11736
ballot shall be modified by adding the following language 11737
immediately after "repealed": ", and shall the rate of an existing 11738
tax on property for the purpose of current expenses, which rate 11739
was reduced for the duration of the income tax, be INCREASED from 11740
..... mills to ..... mills per one dollar of valuation beginning 11741
in ..... (state the first year for which the rate of the property 11742
tax will increase)." In lieu of "for repeal of the income tax" and 11743
"against repeal of the income tax," the phrases "for the issue" 11744
and "against the issue," respectively, shall be substituted. 11745

       If the rate of more than one property tax was reduced for the 11746
duration of the income tax, the ballot language shall be modified 11747
accordingly to express the rates at which those taxes currently 11748
are levied and the rates to which the taxes would be increased. 11749

       The question covered by the petition shall be submitted as a 11750
separate proposition, but it may be printed on the same ballot 11751
with any other proposition submitted at the same election other 11752
than the election of officers. If a majority of the qualified 11753
electors voting on the question vote in favor of it, the result 11754
shall be certified immediately after the canvass by the board of 11755
elections to the board of education of the school district and the 11756
tax commissioner, who shall thereupon, after the current year, 11757
cease to levy the tax, except that if notes have been issued 11758
pursuant to section 5748.05 of the Revised Code the tax 11759
commissioner shall continue to levy and collect under authority of 11760
the election authorizing the levy an annual amount, rounded upward 11761
to the nearest one-fourth of one per cent, as will be sufficient 11762
to pay the debt charges on the notes as they fall due. 11763

       If a school district income tax repealed pursuant to this 11764
section was approved in conjunction with a reduction in the rate 11765
of one or more school district property taxes as provided in 11766
division (B)(2) of section 5748.02 of the Revised Code, then each 11767
such property tax may be levied after the current year at the rate 11768
at which it could be levied prior to the reduction, subject to any 11769
adjustments required by the county budget commission pursuant to 11770
Chapter 5705. of the Revised Code. Upon the repeal of a school 11771
district income tax under this section, the board of education may 11772
resume levying a property tax, the rate of which has been reduced 11773
pursuant to a question approved under section 5748.02 of the 11774
Revised Code, at the rate the board originally was authorized to 11775
levy the tax. A reduction in the rate of a property tax under 11776
section 5748.02 of the Revised Code is a reduction in the rate at 11777
which a board of education may levy that tax only for the period 11778
during which a school district income tax is levied prior to any 11779
repeal pursuant to this section. The resumption of the authority 11780
to levy the tax upon such a repeal does not constitute a tax 11781
levied in excess of the one per cent limitation prescribed by 11782
Section 2 of Article XII, Ohio Constitution, or in excess of the 11783
ten-mill limitation. 11784

       This section does not apply to school district income tax 11785
levies that are levied for five or fewer years. 11786

       Sec. 5748.08. (A) The board of education of a city, local, 11787
or exempted village school district, at any time by a vote of 11788
two-thirds of all its members, may declare by resolution that it 11789
may be necessary for the school district to do all of the 11790
following: 11791

       (1) Raise a specified amount of money for school district 11792
purposes by levying an annual tax on the school district income of 11793
individuals and estates; 11794

       (2) Issue general obligation bonds for permanent 11795
improvements, stating in the resolution the necessity and purpose 11796
of the bond issue and the amount, approximate date, estimated rate 11797
of interest, and maximum number of years over which the principal 11798
of the bonds may be paid; 11799

       (3) Levy a tax outside the ten-mill limitation to pay debt 11800
charges on the bonds and any anticipatory securities; 11801

       (4) Submit the question of the school district income tax and 11802
bond issue to the electors of the district at a special election. 11803

       On adoption of the resolution, the board shall certify a copy 11804
of it to the tax commissioner and the county auditor no later than 11805
ninety days prior to the date of the special election at which the 11806
board intends to propose the income tax and bond issue. Not later 11807
than ten days of receipt of the resolution, the tax commissioner, 11808
in the same manner as required by division (A) of section 5748.02 11809
of the Revised Code, shall estimate the rates designated in 11810
~~division~~divisions (A)(1) and (2) of that section and certify them 11811
to the board. Not later than ten days of receipt of the 11812
resolution, the county auditor shall estimate and certify to the 11813
board the average annual property tax rate required throughout the 11814
stated maturity of the bonds to pay debt charges on the bonds, in 11815
the same manner as under division (C) of section 133.18 of the 11816
Revised Code. 11817

       (B) On receipt of the tax commissioner's and county auditor's 11818
certifications prepared under division (A) of this section, the 11819
board of education of the city, local, or exempted village school 11820
district, by a vote of two-thirds of all its members, may adopt a 11821
resolution proposing for a specified number of years or for a 11822
continuing period of time the levy of an annual tax for school 11823
district purposes on the school district income of individuals and 11824
of estates and declaring that the amount of taxes that can be 11825
raised within the ten-mill limitation will be insufficient to 11826
provide an adequate amount for the present and future requirements 11827
of the school district; that it is necessary to issue general 11828
obligation bonds of the school district for specified permanent 11829
improvements and to levy an additional tax in excess of the 11830
ten-mill limitation to pay the debt charges on the bonds and any 11831
anticipatory securities; and that the question of the bonds and 11832
taxes shall be submitted to the electors of the school district at 11833
a special election, which shall not be earlier than seventy-five 11834
days after certification of the resolution to the board of 11835
elections, and the date of which shall be consistent with section 11836
3501.01 of the Revised Code. The resolution shall specify all of 11837
the following: 11838

       (1) The purpose for which the school district income tax is 11839
to be imposed and the rate of the tax, which shall be the rate set 11840
forth in the tax commissioner's certification rounded to the 11841
nearest one-fourth of one per cent; 11842

       (2) The number of years the tax will be levied, or that it 11843
will be levied for a continuing period of time; 11844

       (3) The date on which the tax shall take effect, which shall 11845
be the first day of January of any year following the year in 11846
which the question is submitted; 11847

       (4) The county auditor's estimate of the average annual 11848
property tax rate required throughout the stated maturity of the 11849
bonds to pay debt charges on the bonds. 11850

       (C) A resolution adopted under division (B) of this section 11851
shall go into immediate effect upon its passage, and no 11852
publication of the resolution shall be necessary other than that 11853
provided for in the notice of election. Immediately after its 11854
adoption and at least seventy-five days prior to the election at 11855
which the question will appear on the ballot, the board of 11856
education shall certify a copy of the resolution, along with 11857
copies of the auditor's estimate and its resolution under division 11858
(A) of this section, to the board of elections of the proper 11859
county. The board of education shall make the arrangements for the 11860
submission of the question to the electors of the school district, 11861
and the election shall be conducted, canvassed, and certified in 11862
the same manner as regular elections in the district for the 11863
election of county officers. 11864

       The resolution shall be put before the electors as one ballot 11865
question, with a majority vote indicating approval of the school 11866
district income tax, the bond issue, and the levy to pay debt 11867
charges on the bonds and any anticipatory securities. The board of 11868
elections shall publish the notice of the election in one or more 11869
newspapers of general circulation in the school district once a 11870
week for ~~four~~two consecutive weeks. The notice of election shall 11871
state all of the following: 11872

       (1) The questions to be submitted to the electors; 11873

       (2) The rate of the school district income tax; 11874

       (3) The principal amount of the proposed bond issue; 11875

       (4) The permanent improvements for which the bonds are to be 11876
issued; 11877

       (5) The maximum number of years over which the principal of 11878
the bonds may be paid; 11879

       (6) The estimated additional average annual property tax rate 11880
to pay the debt charges on the bonds, as certified by the county 11881
auditor; 11882

       (7) The time and place of the special election. 11883

       (D) The form of the ballot on a question submitted to the 11884
electors under this section shall be as follows: 11885

       "Shall the ........ school district be authorized to do both 11886
of the following: 11887

       (1) Impose an annual income tax of ...... (state the proposed 11888
rate of tax) on the school district income of individuals and of 11889
estates, for ........ (state the number of years the tax would be 11890
levied, or that it would be levied for a continuing period of 11891
time), beginning ........ (state the date the tax would first take 11892
effect), for the purpose of ........ (state the purpose of the 11893
tax)? 11894

       (2) Issue bonds for the purpose of ....... in the principal 11895
amount of $......, to be repaid annually over a maximum period of 11896
....... years, and levy a property tax outside the ten-mill 11897
limitation estimated by the county auditor to average over the 11898
bond repayment period ....... mills for each one dollar of tax 11899
valuation, which amounts to ....... (rate expressed in cents or 11900
dollars and cents, such as "36 cents" or "$1.41") for each $100 of 11901
tax valuation, to pay the annual debt charges on the bonds, and to 11902
pay debt charges on any notes issued in anticipation of those 11903
bonds? 11904

         11905

FOR THE INCOME TAX AND BOND ISSUE 11906
AGAINST THE INCOME TAX AND BOND ISSUE " 11907

         11908

       (E) The board of elections promptly shall certify the results 11909
of the election to the tax commissioner and the county auditor of 11910
the county in which the school district is located. If a majority 11911
of the electors voting on the question vote in favor of it, the 11912
income tax and the applicable provisions of Chapter 5747. of the 11913
Revised Code shall take effect on the date specified in the 11914
resolution, and the board of education may proceed with issuance 11915
of the bonds and with the levy and collection of the property 11916
taxes to pay debt charges on the bonds, at the additional rate or 11917
any lesser rate in excess of the ten-mill limitation. Any 11918
securities issued by the board of education under this section are 11919
Chapter 133. securities, as that term is defined in section 133.01 11920
of the Revised Code. 11921

       (F) After approval of a question under this section, the 11922
board of education may anticipate a fraction of the proceeds of 11923
the school district income tax in accordance with section 5748.05 11924
of the Revised Code. Any anticipation notes under this division 11925
shall be issued as provided in section 133.24 of the Revised Code, 11926
shall have principal payments during each year after the year of 11927
their issuance over a period not to exceed five years, and may 11928
have a principal payment in the year of their issuance. 11929

       (G) The question of repeal of a school district income tax 11930
levied for more than five years may be initiated and submitted in 11931
accordance with section 5748.04 of the Revised Code. 11932

       (H) No board of education shall submit a question under this 11933
section to the electors of the school district more than twice in 11934
any calendar year. If a board submits the question twice in any 11935
calendar year, one of the elections on the question shall be held 11936
on the date of the general election. 11937

       Sec. 6119.18. The board of trustees of a regional water and 11938
sewer district, by a vote of two-thirds of all its members, may 11939
declare by resolution that it is necessary to levy a tax in excess 11940
of the ten-mill limitation for the purpose of providing funds to 11941
pay current expenses of the district or for the purpose of paying 11942
any portion of the cost of one or more water resource projects or 11943
parts thereof or for both of such purposes, and that the question 11944
of such tax levy shall be submitted to the electors of the 11945
district at a general or primary election. Such resolution shall 11946
conform to the requirements of section 5705.19 of the Revised 11947
Code, except as otherwise permitted by this section and except 11948
that such levy may be for a period not longer than ten years. The 11949
resolution shall go into immediate effect upon its passage and no 11950
publication of the resolution is necessary other than that 11951
provided for in the notice of election. A copy of such resolution 11952
shall, immediately after its passage, be certified to the board of 11953
elections of the proper county or counties in the manner provided 11954
by section 5705.25 of the Revised Code, and such section shall 11955
govern the arrangements for the submission of such question and 11956
other matters with respect to such election to which such section 11957
refers. Publication of the notice of such election shall be made 11958
in one or more newspapers having a general circulation in the 11959
district once a week for ~~four~~two consecutive weeks. 11960

       If a majority of the electors voting on the question vote in 11961
favor thereof, the board may make the necessary levy within the 11962
district at the additional rate or at any lesser rate on the tax 11963
list and duplicate for the purpose or purposes stated in the 11964
resolution. 11965

       The taxes realized from such levy shall be collected at the 11966
same time and in the same manner as other taxes on such tax list 11967
and duplicate and such taxes, when collected, shall be paid to the 11968
district and deposited by it in a special fund which shall be 11969
established by the district for all revenues derived from such 11970
levy and for the proceeds of anticipation notes which shall be 11971
deposited in such fund. 11972

       After the approval of such levy, the district may anticipate 11973
a fraction of the proceeds of such levy and, from time to time, 11974
during the life of such levy, issue anticipation notes in an 11975
amount not exceeding fifty per cent of the estimated proceeds of 11976
such levy to be collected in each year up to a period of five 11977
years after the date of issuance of such notes, less an amount 11978
equal to the proceeds of such levy previously obligated for each 11979
year by the issuance of anticipation notes, provided that the 11980
total amount maturing in any one year shall not exceed fifty per 11981
cent of the anticipated proceeds of such levy for that year. Each 11982
issue of notes shall be sold as provided in Chapter 133. of the 11983
Revised Code, and shall, except for such limitation that the total 11984
amount of such notes maturing in any one year shall not exceed 11985
fifty per cent of the anticipated proceeds of such levy for that 11986
year, mature serially in substantially equal installments during 11987
each year over a period not to exceed five years after their 11988
issuance. 11989

       Section 2. That existing sections 131.23, 145.38, 305.31, 11990
306.70, 307.791, 322.021, 324.021, 503.162, 504.02, 504.03, 11991
511.27, 511.28, 511.34, 513.14, 731.28, 731.29, 745.07, 747.11, 11992
1545.21, 1901.07, 1901.10, 1901.31, 1901.33, 3311.21, 3311.50, 11993
3311.73, 3349.29, 3354.12, 3355.09, 3501.01, 3501.02, 3501.05, 11994
3501.11, 3501.13, 3501.17, 3501.26, 3501.30, 3501.33, 3501.35, 11995
3501.38, 3501.39, 3503.06, 3503.13, 3503.14, 3503.16, 3503.19, 11996
3503.21, 3503.23, 3503.24, 3505.01, 3505.16, 3505.18, 3505.19, 11997
3505.20, 3505.21, 3505.22, 3505.25, 3505.26, 3505.27, 3505.32, 11998
3506.01, 3506.12, 3506.13, 3509.01, 3509.02, 3509.03, 3509.04, 11999
3509.05, 3509.06, 3509.07, 3509.08, 3511.02, 3511.04, 3511.09, 12000
3511.11, 3513.01, 3513.04, 3513.041, 3513.05, 3513.052, 3513.12, 12001
3513.121, 3513.151, 3513.19, 3513.20, 3513.22, 3513.257, 3513.259, 12002
3513.261, 3513.262, 3513.30, 3515.03, 3515.04, 3515.07, 3515.08, 12003
3515.13, 3517.01, 3517.10, 3517.106, 3517.1011, 3519.05, 3523.05, 12004
3599.11, 3599.111, 3599.12, 3599.21, 3599.24, 3599.38, 4301.33, 12005
4301.331, 4301.332, 4301.333, 4301.334, 4305.14, 4504.021, 12006
5705.191, 5705.194, 5705.196, 5705.21, 5705.218, 5705.23, 5705.25, 12007
5705.251, 5705.261, 5705.71, 5739.022, 5748.02, 5748.04, 5748.08, 12008
and 6119.18 and section 3503.27 of the Revised Code are hereby 12009
repealed. 12010

Section 1. That sections 131.23, 145.38, 305.31, 306.70,	32
307.791, 322.021, 324.021, 503.162, 504.02, 504.03, 511.27,	33
511.28, 511.34, 513.14, 731.28, 731.29, 745.07, 747.11, 1545.21,	34
1901.07, 1901.10, 1901.31, 1901.33, 3311.21, 3311.50, 3311.73,	35
3349.29, 3354.12, 3355.09, 3501.01, 3501.02, 3501.05, 3501.11,	36
3501.13, 3501.17, 3501.26, 3501.30, 3501.33, 3501.35, 3501.38,	37
3501.39, 3503.06, 3503.13, 3503.14, 3503.16, 3503.19, 3503.21,	38
3503.23, 3503.24, 3505.01, 3505.16, 3505.18, 3505.19, 3505.20,	39
3505.21, 3505.22, 3505.25, 3505.26, 3505.27, 3505.32, 3506.01,	40
3506.12, 3506.13, 3509.01, 3509.02, 3509.03, 3509.04, 3509.05,	41
3509.06, 3509.07, 3509.08, 3511.02, 3511.04, 3511.09, 3511.11,	42
3513.01, 3513.04, 3513.041, 3513.05, 3513.052, 3513.12, 3513.121,	43
3513.151, 3513.19, 3513.20, 3513.22, 3513.257, 3513.259, 3513.261,	44
3513.262, 3513.30, 3515.03, 3515.04, 3515.07, 3515.08, 3515.13,	45
3517.01, 3517.10, 3517.106, 3517.1011, 3519.05, 3523.05, 3599.11,	46
3599.111, 3599.12, 3599.21, 3599.24, 3599.38, 4301.33, 4301.331,	47
4301.332, 4301.333, 4301.334, 4305.14, 4504.021, 5705.191,	48
5705.194, 5705.196, 5705.21, 5705.218, 5705.23, 5705.25, 5705.251,	49
5705.261, 5705.71, 5739.022, 5748.02, 5748.04, 5748.08, and	50
6119.18 be amended and sections 3501.19, 3503.15, 3503.28,	51
3505.29, 3505.181, 3505.182, 3505.183, 3506.21, 3509.09, 3511.13,	52
3515.041, and 3515.072 of the Revised Code be enacted to read as	53
follows:	54

Sec. 131.23. The various political subdivisions of this	55
state may issue bonds, and any indebtedness created by such	56
issuance shall not be subject to the limitations or included in	57
the calculation of indebtedness prescribed by sections 133.05,	58
133.06, 133.07, and 133.09 of the Revised Code, but such bonds may	59
be issued only under the following conditions:	60

(A) The subdivision desiring to issue such bonds shall obtain	61
from the county auditor a certificate showing the total amount of	62
delinquent taxes due and unpayable to such subdivision at the last	63
semiannual tax settlement.	64

(B) The fiscal officer of that subdivision shall prepare a	65
statement, from the books of the subdivision, verified by the	66
fiscal officer under oath, which shall contain the following facts	67
of such subdivision:	68

(2) The aggregate amount of notes payable or outstanding	70
accounts of the subdivision, incurred prior to the commencement of	71
the current fiscal year, which shall include all evidences of	72
indebtedness issued by the subdivision except notes issued in	73
anticipation of bond issues and the indebtedness of any	74
nontax-supported public utility;	75

(3) Except in the case of school districts, the aggregate	76
current year's requirement for disability financial assistance and	77
disability medical assistance provided under Chapter 5115. of the	78
Revised Code that the subdivision is unable to finance except by	79
the issue of bonds;	80

(4) The indebtedness outstanding through the issuance of any	81
bonds or notes pledged or obligated to be paid by any delinquent	82
taxes;	83

(6) The net amount of delinquent taxes unpledged to pay any	85
bonds, notes, or certificates, including delinquent assessments on	86
improvements on which the bonds have been paid;	87

(7) The budget requirements for the fiscal year for bond and	88
note retirement;	89

(C) The certificate and statement provided for in divisions	91
(A) and (B) of this section shall be forwarded to the tax	92
commissioner together with a request for authority to issue bonds	93
of such subdivision in an amount not to exceed seventy per cent of	94
the net unobligated delinquent taxes and assessments due and owing	95
to such subdivision, as set forth in division (B)(6) of this	96
section.	97

(D) No subdivision may issue bonds under this section in	98
excess of a sufficient amount to pay the indebtedness of the	99
subdivision as shown by division (B)(2) of this section and,	100
except in the case of school districts, to provide funds for	101
disability financial assistance and disability medical assistance,	102
as shown by division (B)(3) of this section.	103

(E) The tax commissioner shall grant to such subdivision	104
authority requested by such subdivision as restricted by divisions	105
(C) and (D) of this section and shall make a record of the	106
certificate, statement, and grant in a record book devoted solely	107
to such recording and which shall be open to inspection by the	108
public.	109

(F) The commissioner shall immediately upon issuing the	110
authority provided in division (E) of this section notify the	111
proper authority having charge of the retirement of bonds of such	112
subdivision by forwarding a copy of such grant of authority and of	113
the statement provided for in division (B) of this section.	114

(G) Upon receipt of authority, the subdivision shall proceed	115
according to law to issue the amount of bonds authorized by the	116
commissioner, and authorized by the taxing authority, provided the	117
taxing authority of that subdivision may by resolution submit to	118
the electors of that subdivision the question of issuing such	119
bonds. Such resolution shall make the declarations and statements	120
required by section 133.18 of the Revised Code. The county auditor	121
and taxing authority shall thereupon proceed as set forth in	122
divisions (C) and (D) of such section. The election on the	123
question of issuing such bonds shall be held under divisions (E),	124
(F), and (G) of such section, except that publication of the	125
notice of such election shall be made on ~~four~~two separate days	126
prior to such election in one or more newspapers of general	127
circulation in the subdivisions. Such bonds may be exchanged at	128
their face value with creditors of the subdivision in liquidating	129
the indebtedness described and enumerated in division (B)(2) of	130
this section or may be sold as provided in Chapter 133. of the	131
Revised Code, and in either event shall be uncontestable.	132

(H) The per cent of delinquent taxes and assessments	133
collected for and to the credit of the subdivision after the	134
exchange or sale of bonds as certified by the commissioner shall	135
be paid to the authority having charge of the sinking fund of the	136
subdivision, which money shall be placed in a separate fund for	137
the purpose of retiring the bonds so issued. The proper authority	138
of the subdivisions shall provide for the levying of a tax	139
sufficient in amount to pay the debt charges on all such bonds	140
issued under this section.	141

(I) This section is for the sole purpose of assisting the	142
various subdivisions in paying their unsecured indebtedness, and	143
providing funds for disability financial assistance and disability	144
medical assistance. The bonds issued under authority of this	145
section shall not be used for any other purpose and any exchange	146
for other purposes, or the use of the money derived from the sale	147
of such bonds by the subdivision for any other purpose, is	148
misapplication of funds.	149

(J) The bonds authorized by this section shall be redeemable	150
or payable in not to exceed ten years from date of issue and shall	151
not be subject to or considered in calculating the net	152
indebtedness of the subdivision. The budget commission of the	153
county in which the subdivision is located shall annually allocate	154
such portion of the then delinquent levy due such subdivision	155
which is unpledged for other purposes to the payment of debt	156
charges on the bonds issued under authority of this section.	157

(K) The issue of bonds under this section shall be governed	158
by Chapter 133. of the Revised Code, respecting the terms used,	159
forms, manner of sale, and redemption except as otherwise provided	160
in this section.	161

The board of county commissioners of any county may issue	162
bonds authorized by this section and distribute the proceeds of	163
such bond issues to any or all of the cities and townships of such	164
counties, according to their relative needs for disability	165
financial assistance and disability medical assistance as	166
determined by such county.	167

All sections of the Revised Code inconsistent with or	168
prohibiting the exercise of the authority conferred by this	169
section are inoperative respecting bonds issued under this	170
section.	171

Sec. 145.38. (A) As used in this section and sections	172
145.381 and 145.384 of the Revised Code:	173

(1) "PERS retirant" means a former member of the public	174
employees retirement system who is receiving one of the following:	175

(a) Age and service retirement benefits under section 145.32,	176
145.33, 145.331, 145.34, or 145.46 of the Revised Code;	177

(b) Age and service retirement benefits paid by the public	178
employees retirement system under section 145.37 of the Revised	179
Code;	180

(a) A member or former member of the Ohio police and fire	183
pension fund, state teachers retirement system, school employees	184
retirement system, state highway patrol retirement system, or	185
Cincinnati retirement system who is receiving age and service or	186
commuted age and service retirement benefits or a disability	187
benefit from a system of which the person is a member or former	188
member;	189

(b) A member or former member of the public employees	190
retirement system who is receiving age and service retirement	191
benefits or a disability benefit under section 145.37 of the	192
Revised Code paid by the school employees retirement system or the	193
state teachers retirement system.	194

(B)(1) Subject to this section and section 145.381 of the	195
Revised Code, a PERS retirant or other system retirant may be	196
employed by a public employer. If so employed, the PERS retirant	197
or other system retirant shall contribute to the public employees	198
retirement system in accordance with section 145.47 of the Revised	199
Code, and the employer shall make contributions in accordance with	200
section 145.48 of the Revised Code.	201

(2) A public employer that employs a PERS retirant or other	202
system retirant, or enters into a contract for services as an	203
independent contractor with a PERS retirant, shall notify the	204
retirement board of the employment or contract not later than the	205
end of the month in which the employment or contract commences.	206
Any overpayment of benefits to a PERS retirant by the retirement	207
system resulting from delay or failure of the employer to give the	208
notice shall be repaid to the retirement system by the employer.	209

(3) On receipt of notice from a public employer that a person	210
who is an other system retirant has been employed, the retirement	211
system shall notify the retirement system of which the other	212
system retirant was a member of such employment.	213

(4)(a) A PERS retirant who has received a retirement	214
allowance for less than two months when employment subject to this	215
section commences shall forfeit the retirement allowance for any	216
month the PERS retirant is employed prior to the expiration of the	217
two-month period. Service and contributions for that period shall	218
not be included in calculation of any benefits payable to the PERS	219
retirant, and those contributions shall be refunded on the	220
retirant's death or termination of the employment.	221