REPRESENTATIVES DeWine, Trakas, White, Brown, Law, Uecker, Aslanides, Carmichael, Collier, C. Evans, D. Evans, Faber, Flowers, Gibbs, Hagan, Kearns, McGregor, Peterson, Reidelbach, Schaffer, Schlichter, Seaver, Setzer, G. Smith, Widowfield, Willamowski, Wolpert

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, 511.28, 511.34, 513.14, 731.28, 731.29,

3

745.07, 747.11, 1901.07, 1901.10, 1901.31,

4

1901.33, 3311.21, 3311.50, 3311.73, 3349.29,

5

3354.12, 3355.09, 3501.05, 3501.11, 3501.13,

6

3501.26, 3501.30, 3501.33, 3501.35, 3501.38,

7

3501.39, 3503.06, 3503.11, 3503.13, 3503.14,

8

3503.16, 3503.19, 3503.21, 3503.23, 3503.24,

9

3505.16, 3505.18, 3505.19, 3505.20, 3505.21,

10

3505.22, 3505.25, 3505.26, 3505.27, 3505.32,

11

3506.01, 3506.05, 3506.12, 3506.13, 3506.19,

12

3509.02, 3509.03, 3509.031, 3509.04, 3509.05,

13

3509.06, 3509.07, 3509.08, 3511.02, 3511.04,

14

3511.09, 3513.04, 3513.041, 3513.05, 3513.052,

15

3513.19, 3513.20, 3513.22, 3513.257, 3513.259,

16

3513.261, 3513.30, 3515.03, 3515.04, 3515.07,

17

3515.08, 3515.13, 3517.01, 3517.10, 3517.106,

18

3517.1011, 3519.05, 3523.05, 3599.11, 3599.111,

19

3599.12, 3599.21, 3599.24, 3599.38, 4301.33,

20

4301.331, 4301.332, 4301.333, 4301.334, 4305.14,

21

4504.021, 5705.191, 5705.194, 5705.196, 5705.21,

22

5705.218, 5705.25, 5705.251, 5705.261, 5705.71,

23

5739.022, 5748.02, 5748.04, 5748.08, and 6119.18,

24

to enact sections 3501.19, 3501.24, 3501.90,

25

3503.15, 3503.20, 3503.28, 3503.29, 3505.181,

26

3505.182, 3505.183, 3506.20, 3506.21, 3509.09,

27

3511.13, 3515.041, and 3515.072, and to repeal

28

section 3503.27 of the Revised Code to revise the

29

Election Law.

30

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

Section 1. That sections 131.23, 145.38, 305.31, 306.70,	31
307.791, 322.021, 324.021, 503.162, 504.02, 504.03, 511.28,	32
511.34, 513.14, 731.28, 731.29, 745.07, 747.11, 1901.07, 1901.10,	33
1901.31, 1901.33, 3311.21, 3311.50, 3311.73, 3349.29, 3354.12,	34
3355.09, 3501.05, 3501.11, 3501.13, 3501.26, 3501.30, 3501.33,	35
3501.35, 3501.38, 3501.39, 3503.06, 3503.11, 3503.13, 3503.14,	36
3503.16, 3503.19, 3503.21, 3503.23, 3503.24, 3505.16, 3505.18,	37
3505.19, 3505.20, 3505.21, 3505.22, 3505.25, 3505.26, 3505.27,	38
3505.32, 3506.01, 3506.05, 3506.12, 3506.13, 3506.19, 3509.02,	39
3509.03, 3509.031, 3509.04, 3509.05, 3509.06, 3509.07, 3509.08,	40
3511.02, 3511.04, 3511.09, 3513.04, 3513.041, 3513.05, 3513.052,	41
3513.19, 3513.20, 3513.22, 3513.257, 3513.259, 3513.261, 3513.30,	42
3515.03, 3515.04, 3515.07, 3515.08, 3515.13, 3517.01, 3517.10,	43
3517.106, 3517.1011, 3519.05, 3523.05, 3599.11, 3599.111, 3599.12,	44
3599.21, 3599.24, 3599.38, 4301.33, 4301.331, 4301.332, 4301.333,	45
4301.334, 4305.14, 4504.021, 5705.191, 5705.194, 5705.196,	46
5705.21, 5705.218, 5705.25, 5705.251, 5705.261, 5705.71, 5739.022,	47
5748.02, 5748.04, 5748.08, and 6119.18 be amended and sections	48
3501.19, 3501.24, 3501.90, 3503.15, 3503.20, 3503.28, 3503.29,	49
3505.181, 3505.182, 3505.183, 3506.20, 3506.21, 3509.09, 3511.13,	50
3515.041, and 3515.072 of the Revised Code be enacted to read as	51
follows:	52

Sec. 131.23.  The various political subdivisions of this	53
state may issue bonds, and any indebtedness created by such	54
issuance shall not be subject to the limitations or included in	55
the calculation of indebtedness prescribed by sections 133.05,	56
133.06, 133.07, and 133.09 of the Revised Code, but such bonds may	57
be issued only under the following conditions:	58

(A) The subdivision desiring to issue such bonds shall obtain	59
from the county auditor a certificate showing the total amount of	60
delinquent taxes due and unpayable to such subdivision at the last	61
semiannual tax settlement.	62

(B) The fiscal officer of that subdivision shall prepare a	63
statement, from the books of the subdivision, verified by the	64
fiscal officer under oath, which shall contain the following facts	65
of such subdivision:	66

(1) The total bonded indebtedness;

67

(2) The aggregate amount of notes payable or outstanding	68
accounts of the subdivision, incurred prior to the commencement of	69
the current fiscal year, which shall include all evidences of	70
indebtedness issued by the subdivision except notes issued in	71
anticipation of bond issues and the indebtedness of any	72
nontax-supported public utility;	73

(3) Except in the case of school districts, the aggregate	74
current year's requirement for disability financial assistance and	75
disability medical assistance provided under Chapter 5115. of the	76
Revised Code that the subdivision is unable to finance except by	77
the issue of bonds;	78

(4) The indebtedness outstanding through the issuance of any	79
bonds or notes pledged or obligated to be paid by any delinquent	80
taxes;	81

(5) The total of any other indebtedness;

82

(6) The net amount of delinquent taxes unpledged to pay any	83
bonds, notes, or certificates, including delinquent assessments on	84
improvements on which the bonds have been paid;	85

(7) The budget requirements for the fiscal year for bond and	86
note retirement;	87

(8) The estimated revenue for the fiscal year.

88

(C) The certificate and statement provided for in divisions	89
(A) and (B) of this section shall be forwarded to the tax	90
commissioner together with a request for authority to issue bonds	91
of such subdivision in an amount not to exceed seventy per cent of	92
the net unobligated delinquent taxes and assessments due and owing	93
to such subdivision, as set forth in division (B)(6) of this	94
section.	95

(D) No subdivision may issue bonds under this section in	96
excess of a sufficient amount to pay the indebtedness of the	97
subdivision as shown by division (B)(2) of this section and,	98
except in the case of school districts, to provide funds for	99
disability financial assistance and disability medical assistance,	100
as shown by division (B)(3) of this section.	101

(E) The tax commissioner shall grant to such subdivision	102
authority requested by such subdivision as restricted by divisions	103
(C) and (D) of this section and shall make a record of the	104
certificate, statement, and grant in a record book devoted solely	105
to such recording and which shall be open to inspection by the	106
public.	107

(F) The commissioner shall immediately upon issuing the	108
authority provided in division (E) of this section notify the	109
proper authority having charge of the retirement of bonds of such	110
subdivision by forwarding a copy of such grant of authority and of	111
the statement provided for in division (B) of this section.	112

(G) Upon receipt of authority, the subdivision shall proceed	113
according to law to issue the amount of bonds authorized by the	114
commissioner, and authorized by the taxing authority, provided the	115
taxing authority of that subdivision may by resolution submit to	116
the electors of that subdivision the question of issuing such	117
bonds. Such resolution shall make the declarations and statements	118
required by section 133.18 of the Revised Code. The county auditor	119
and taxing authority shall thereupon proceed as set forth in	120
divisions (C) and (D) of such section. The election on the	121
question of issuing such bonds shall be held under divisions (E),	122
(F), and (G) of such section, except that publication of the	123
notice of such election shall be made on fourtwo separate days	124
prior to such election in one or more newspapers of general	125
circulation in the subdivisions. Such bonds may be exchanged at	126
their face value with creditors of the subdivision in liquidating	127
the indebtedness described and enumerated in division (B)(2) of	128
this section or may be sold as provided in Chapter 133. of the	129
Revised Code, and in either event shall be uncontestable.	130

(H) The per cent of delinquent taxes and assessments	131
collected for and to the credit of the subdivision after the	132
exchange or sale of bonds as certified by the commissioner shall	133
be paid to the authority having charge of the sinking fund of the	134
subdivision, which money shall be placed in a separate fund for	135
the purpose of retiring the bonds so issued. The proper authority	136
of the subdivisions shall provide for the levying of a tax	137
sufficient in amount to pay the debt charges on all such bonds	138
issued under this section.	139

(I) This section is for the sole purpose of assisting the	140
various subdivisions in paying their unsecured indebtedness, and	141
providing funds for disability financial assistance and disability	142
medical assistance. The bonds issued under authority of this	143
section shall not be used for any other purpose and any exchange	144
for other purposes, or the use of the money derived from the sale	145
of such bonds by the subdivision for any other purpose, is	146
misapplication of funds.	147

(J) The bonds authorized by this section shall be redeemable	148
or payable in not to exceed ten years from date of issue and shall	149
not be subject to or considered in calculating the net	150
indebtedness of the subdivision. The budget commission of the	151
county in which the subdivision is located shall annually allocate	152
such portion of the then delinquent levy due such subdivision	153
which is unpledged for other purposes to the payment of debt	154
charges on the bonds issued under authority of this section.	155

(K) The issue of bonds under this section shall be governed	156
by Chapter 133. of the Revised Code, respecting the terms used,	157
forms, manner of sale, and redemption except as otherwise provided	158
in this section.	159

The board of county commissioners of any county may issue	160
bonds authorized by this section and distribute the proceeds of	161
such bond issues to any or all of the cities and townships of such	162
counties, according to their relative needs for disability	163
financial assistance and disability medical assistance as	164
determined by such county.	165

All sections of the Revised Code inconsistent with or	166
prohibiting the exercise of the authority conferred by this	167
section are inoperative respecting bonds issued under this	168
section.	169

Sec. 145.38.  (A) As used in this section and sections	170
145.381 and 145.384 of the Revised Code:	171

(1) "PERS retirant" means a former member of the public	172
employees retirement system who is receiving one of the following:	173

(a) Age and service retirement benefits under section 145.32,	174
145.33, 145.331, 145.34, or 145.46 of the Revised Code;	175

(b) Age and service retirement benefits paid by the public	176
employees retirement system under section 145.37 of the Revised	177
Code;	178

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

179

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

180

(a) A member or former member of the Ohio police and fire	181
pension fund, state teachers retirement system, school employees	182
retirement system, state highway patrol retirement system, or	183
Cincinnati retirement system who is receiving age and service or	184
commuted age and service retirement benefits or a disability	185
benefit from a system of which the person is a member or former	186
member;	187

(b) A member or former member of the public employees	188
retirement system who is receiving age and service retirement	189
benefits or a disability benefit under section 145.37 of the	190
Revised Code paid by the school employees retirement system or the	191
state teachers retirement system.	192

(B)(1) Subject to this section and section 145.381 of the	193
Revised Code, a PERS retirant or other system retirant may be	194
employed by a public employer. If so employed, the PERS retirant	195
or other system retirant shall contribute to the public employees	196
retirement system in accordance with section 145.47 of the Revised	197
Code, and the employer shall make contributions in accordance with	198
section 145.48 of the Revised Code.	199

(2) A public employer that employs a PERS retirant or other	200
system retirant, or enters into a contract for services as an	201
independent contractor with a PERS retirant, shall notify the	202
retirement board of the employment or contract not later than the	203
end of the month in which the employment or contract commences.	204
Any overpayment of benefits to a PERS retirant by the retirement	205
system resulting from delay or failure of the employer to give the	206
notice shall be repaid to the retirement system by the employer.	207

(3) On receipt of notice from a public employer that a person	208
who is an other system retirant has been employed, the retirement	209
system shall notify the retirement system of which the other	210
system retirant was a member of such employment.	211

(4)(a) A PERS retirant who has received a retirement	212
allowance for less than two months when employment subject to this	213
section commences shall forfeit the retirement allowance for any	214
month the PERS retirant is employed prior to the expiration of the	215
two-month period. Service and contributions for that period shall	216
not be included in calculation of any benefits payable to the PERS	217
retirant, and those contributions shall be refunded on the	218
retirant's death or termination of the employment.	219

(b) An other system retirant who has received a retirement	220
allowance or disability benefit for less than two months when	221
employment subject to this section commences shall forfeit the	222
retirement allowance or disability benefit for any month the other	223
system retirant is employed prior to the expiration of the	224
two-month period. Service and contributions for that period shall	225
not be included in the calculation of any benefits payable to the	226
other system retirant, and those contributions shall be refunded	227
on the retirant's death or termination of the employment.	228

(c) Contributions made on compensation earned after the	229
expiration of the two-month period shall be used in the	230
calculation of the benefit or payment due under section 145.384 of	231
the Revised Code.	232

(5) On receipt of notice from the Ohio police and fire	233
pension fund, school employees retirement system, or state	234
teachers retirement system of the re-employment of a PERS	235
retirant, the public employees retirement system shall not pay, or	236
if paid, shall recover, the amount to be forfeited by the PERS	237
retirant in accordance with section 742.26, 3307.35, or 3309.341	238
of the Revised Code.	239

(6) A PERS retirant who enters into a contract to provide	240
services as an independent contractor to the employer by which the	241
retirant was employed at the time of retirement or, less than two	242
months after the retirement allowance commences, begins providing	243
services as an independent contractor pursuant to a contract with	244
another public employer, shall forfeit the pension portion of the	245
retirement benefit for the period beginning the first day of the	246
month following the month in which the services begin and ending	247
on the first day of the month following the month in which the	248
services end. The annuity portion of the retirement allowance	249
shall be suspended on the day services under the contract begin	250
and shall accumulate to the credit of the retirant to be paid in a	251
single payment after services provided under the contract	252
terminate. A PERS retirant subject to division (B)(6) of this	253
section shall not contribute to the retirement system and shall	254
not become a member of the system.	255

(7) As used in this division, "employment" includes service	256
for which a PERS retirant or other system retirant, the retirant's	257
employer, or both, have waived any earnable salary for the	258
service.	259

(C)(1) Except as provided in division (C)(3) of this section,	260
this division applies to both of the following:	261

(a) A PERS retirant who, prior to September 14, 2000, was	262
subject to division (C)(1)(b) of this section as that division	263
existed immediately prior to September 14, 2000, and has not	264
elected pursuant to Am. Sub. S.B. 144 of the 123rd general	265
assembly to cease to be subject to that division;	266

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

267

(i) The retirant held elective office in this state, or in	268
any municipal corporation, county, or other political subdivision	269
of this state at the time of retirement under this chapter.	270

(ii) The retirant was elected or appointed to the same office	271
for the remainder of the term or the term immediately following	272
the term during which the retirement occurred.	273

(2) A PERS retirant who is subject to this division is a	274
member of the public employees retirement system with all the	275
rights, privileges, and obligations of membership, except that the	276
membership does not include survivor benefits provided pursuant to	277
section 145.45 of the Revised Code or, beginning on the ninetieth	278
day after September 14, 2000, any amount calculated under section	279
145.401 of the Revised Code. The pension portion of the PERS	280
retirant's retirement allowance shall be forfeited until the first	281
day of the first month following termination of the employment.	282
The annuity portion of the retirement allowance shall accumulate	283
to the credit of the PERS retirant to be paid in a single payment	284
after termination of the employment. The retirement allowance	285
shall resume on the first day of the first month following	286
termination of the employment. On termination of the employment,	287
the PERS retirant shall elect to receive either a refund of the	288
retirant's contributions to the retirement system during the	289
period of employment subject to this section or a supplemental	290
retirement allowance based on the retirant's contributions and	291
service credit for that period of employment.	292

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

293

(a) A PERS retirant elected to office who, at the time of the	294
election for the retirant's current term, was not retired but, not	295
less than ninety days prior to the primary election for the term	296
or the date on which a primary for the term would have been held,	297
filed a written declaration of intent to retire before the end of	298
the term with the director of the board of elections of the county	299
in which petitions for nomination or election to the office are	300
filed;	301

(b) A PERS retirant elected to office who, at the time of the	302
election for the retirant's current term, was a retirant and had	303
been retired for not less than ninety days;	304

(c) A PERS retirant appointed to office who, at the time of	305
appointment to the retirant's current term, notified the person or	306
entity making the appointment that the retirant was already	307
retired or intended to retire before the end of the term.	308

(D)(1) Except as provided in division (C) of this section, a	309
PERS retirant or other system retirant subject to this section is	310
not a member of the public employees retirement system, and,	311
except as specified in this section does not have any of the	312
rights, privileges, or obligations of membership. Except as	313
specified in division (D)(2) of this section, the retirant is not	314
eligible to receive health, medical, hospital, or surgical	315
benefits under section 145.58 of the Revised Code for employment	316
subject to this section.	317

(2) A PERS retirant subject to this section shall receive	318
primary health, medical, hospital, or surgical insurance coverage	319
from the retirant's employer, if the employer provides coverage to	320
other employees performing comparable work. Neither the employer	321
nor the PERS retirant may waive the employer's coverage, except	322
that the PERS retirant may waive the employer's coverage if the	323
retirant has coverage comparable to that provided by the employer	324
from a source other than the employer or the public employees	325
retirement system. If a claim is made, the employer's coverage	326
shall be the primary coverage and shall pay first. The benefits	327
provided under section 145.58 of the Revised Code shall pay only	328
those medical expenses not paid through the employer's coverage or	329
coverage the PERS retirant receives through a source other than	330
the retirement system.	331

(E) If the disability benefit of an other system retirant	332
employed under this section is terminated, the retirant shall	333
become a member of the public employees retirement system,	334
effective on the first day of the month next following the	335
termination with all the rights, privileges, and obligations of	336
membership. If such person, after the termination of the	337
disability benefit, earns two years of service credit under this	338
system or under the Ohio police and fire pension fund, state	339
teachers retirement system, school employees retirement system, or	340
state highway patrol retirement system, the person's prior	341
contributions as an other system retirant under this section shall	342
be included in the person's total service credit as a public	343
employees retirement system member, and the person shall forfeit	344
all rights and benefits of this section. Not more than one year of	345
credit may be given for any period of twelve months.	346

(F) This section does not affect the receipt of benefits by	347
or eligibility for benefits of any person who on August 20, 1976,	348
was receiving a disability benefit or service retirement pension	349
or allowance from a state or municipal retirement system in Ohio	350
and was a member of any other state or municipal retirement system	351
of this state.	352

(G) The public employees retirement board may adopt rules to	353
carry out this section.	354

Sec. 305.31.  The procedure for submitting to a referendum	355
any resolution adopted by a board of county commissioners pursuant	356
to division (D)(1) of section 307.697, section 322.02, 322.06, or	357
324.02, sections 1515.22 and 1515.24, division (B)(1) of section	358
4301.421, section 4504.02, 5739.021, 5739.026, 5741.021, or	359
5741.023, or division (C)(1) of section 5743.024 of the Revised	360
Code or rule adopted pursuant to section 307.79 of the Revised	361
Code shall be as prescribed by this section.	362

Except as otherwise provided in this paragraph, when a	363
petition, signed by ten per cent of the number of electors who	364
voted for governor at the most recent general election for the	365
office of governor in the county, is filed with the county auditor	366
within thirty days after the date the resolution is passed or rule	367
is adopted by the board of county commissioners, or is filed	368
within forty-five days after the resolution is passed, in the case	369
of a resolution adopted pursuant to section 5739.021 of the	370
Revised Code that is passed within one year after a resolution	371
adopted pursuant to that section has been rejected or repealed by	372
the electors, requesting that the resolution be submitted to the	373
electors of the county for their approval or rejection, the county	374
auditor shall, after ten days following the filing of the	375
petition, and not later than four p.m. of the seventy-fifth day	376
before the day of election, transmit a certified copy of the text	377
of the resolution or rule to the board of elections. In the case	378
of a petition requesting that a resolution adopted under division	379
(D)(1) of section 307.697, division (B)(1) of section 4301.421, or	380
division (C)(1) of section 5743.024 of the Revised Code be	381
submitted to electors for their approval or rejection, the	382
petition shall be signed by seven per cent of the number of	383
electors who voted for governor at the most recent election for	384
the office of governor in the county. The county auditor shall	385
transmit the petition to the board together with the certified	386
copy of the resolution or rule. The board shall examine all	387
signatures on the petition to determine the number of electors of	388
the county who signed the petition. The board shall return the	389
petition to the auditor within tenseven days after receiving it,	390
together with a statement attesting to the number of such electors	391
who signed the petition. The board shall submit the resolution or	392
rule to the electors of the county, for their approval or	393
rejection, at the succeeding general election held in the county	394
in any year, or on the day of the succeeding primary election held	395
in the county in even-numbered years, occurring subsequent to	396
seventy-five days after the auditor certifies the sufficiency and	397
validity of the petition to the board of elections.	398

No resolution shall go into effect until approved by the	399
majority of those voting upon it. However, a rule shall take	400
effect and remain in effect unless and until a majority of the	401
electors voting on the question of repeal approve the repeal.	402
Sections 305.31 to 305.41 of the Revised Code do not prevent a	403
county, after the passage of any resolution or adoption of any	404
rule, from proceeding at once to give any notice or make any	405
publication required by the resolution or rule.	406

The board of county commissioners shall make available to any	407
person, upon request, a certified copy of any resolution or rule	408
subject to the procedure for submitting a referendum under	409
sections 305.31 to 305.42 of the Revised Code beginning on the	410
date the resolution or rule is adopted by the board. The board may	411
charge a fee for the cost of copying the resolution or rule.	412

As used in this section, "certified copy" means a copy	413
containing a written statement attesting that it is a true and	414
exact reproduction of the original resolution or rule.	415

Sec. 306.70.  A tax proposed to be levied by a board of	416
county commissioners or by the board of trustees of a regional	417
transit authority pursuant to sections 5739.023 and 5741.022 of	418
the Revised Code shall not become effective until it is submitted	419
to the electors residing within the county or within the	420
territorial boundaries of the regional transit authority and	421
approved by a majority of the electors voting thereon. Such	422
question shall be submitted at a general election or at a special	423
election on a day specified in the resolution levying the tax and	424
occurring not less than seventy-five days after such resolution is	425
certified to the board of elections, in accordance with section	426
3505.071 of the Revised Code.	427

The board of elections of the county or of each county in	428
which any territory of the regional transit authority is located	429
shall make the necessary arrangements for the submission of such	430
question to the electors of the county or regional transit	431
authority, and the election shall be held, canvassed, and	432
certified in the same manner as regular elections for the election	433
of county officers. Notice of the election shall be published in	434
one or more newspapers which in the aggregate are of general	435
circulation in the territory of the county or of the regional	436
transit authority once a week for fourtwo consecutive weeks prior	437
to the election stating the type, rate and purpose of the tax to	438
be levied, the length of time during which the tax will be in	439
effect, and the time and place of the election.	440

More than one such question may be submitted at the same	441
election. The form of the ballots cast at such election shall be:	442

"Shall a(n) ................ (sales and use) .............	443
tax be levied for all transit purposes of the ..................	444
(here insert name of the county or regional transit authority) at	445
a rate not exceeding ................... (here insert percentage)	446
per cent for ................ (here insert number of years the tax	447
is to be in effect, or that it is to be in effect for a continuing	448
period of time)?"	449

If the tax proposed to be levied is a continuation of an	450
existing tax, whether at the same rate or at an increased or	451
reduced rate, or an increase in the rate of an existing tax, the	452
notice and ballot form shall so state.	453

The board of elections to which the resolution was certified	454
shall certify the results of the election to the county auditor of	455
the county or secretary-treasurer of the regional transit	456
authority levying the tax and to the tax commissioner of the	457
state.	458

Sec. 307.791.  The question of repeal of a county sediment	459
control rule adopted under section 307.79 of the Revised Code may	460
be initiated by filing with the board of elections of the county	461
not less than seventy-five days before the general or primary	462
election in any year a petition requesting that an election be	463
held on such question. Such petition shall be signed by qualified	464
electors residing in the county equal in number to ten per cent of	465
those voting for governor at the most recent gubernatorial	466
election in the county.	467

After determination by it that such petition is valid, the	468
board of elections shall submit the question to the electors of	469
the county at the next general or primary election. The election	470
shall be conducted, canvassed, and certified in the same manner as	471
regular elections for county offices in the county. Notice of the	472
election shall be published in a newspaper of general circulation	473
in the county once a week for fourtwo consecutive weeks prior to	474
the election, stating the purpose, the time, the place of the	475
election, and the complete text of each rule sought to be	476
repealed. The form of the ballot cast at such election shall be	477
prescribed by the secretary of state. The question covered by such	478
petition shall be submitted as a separate proposition, but it may	479
be printed on the same ballot with any other proposition submitted	480
at the same election other than the election of officers. If a	481
majority of the qualified electors voting on the question of	482
repeal approve the repeal, the result of the election shall be	483
certified immediately after the canvass by the board of elections	484
to the board of county commissioners, who shall thereupon rescind	485
the rule.	486

Sec. 322.021.  The question of a repeal of a county	487
permissive tax adopted as an emergency measure pursuant to	488
division (B) of section 322.02 of the Revised Code may be	489
initiated by filing with the board of elections of the county not	490
less than seventy-five days before the general election in any	491
year a petition requesting that an election be held on such	492
question. Such petition shall be signed by qualified electors	493
residing in the county equal in number to ten per cent of those	494
voting for governor at the most recent gubernatorial election.	495

After determination by it that such petition is valid, the	496
board of elections shall submit the question to the electors of	497
the county at the next general election. The election shall be	498
conducted, canvassed, and certified in the same manner as regular	499
elections for county offices in the county. Notice of the election	500
shall be published in a newspaper of general circulation in the	501
district once a week for fourtwo consecutive weeks prior to the	502
election, stating the purpose, time, and place of the election.	503
The form of the ballot cast at such election shall be prescribed	504
by the secretary of state. The question covered by such petition	505
shall be submitted as a separate proposition, but it may be	506
printed on the same ballot with any other proposition submitted at	507
the same election other than the election of officers. If a	508
majority of the qualified electors voting on the question of	509
repeal approve the repeal, the result of the election shall be	510
certified immediately after the canvass by the board of elections	511
to the county commissioners, who shall thereupon, after the	512
current year, cease to levy the tax.	513

Sec. 324.021.  The question of repeal of a county permissive	514
tax adopted as an emergency measure pursuant to section 324.02 of	515
the Revised Code may be initiated by filing with the board of	516
elections of the county not less than seventy-five days before the	517
general election in any year a petition requesting that an	518
election be held on such question. Such petition shall be signed	519
by qualified electors residing in the county equal in number to	520
ten per cent of those voting for governor at the most recent	521
gubernatorial election.	522

After determination by it that such petition is valid, the	523
board of elections shall submit the question to the electors of	524
the county at the next general election. The election shall be	525
conducted, canvassed, and certified in the same manner as regular	526
elections for county offices in the county. Notice of the election	527
shall be published in a newspaper of general circulation in the	528
district once a week for fourtwo consecutive weeks prior to the	529
election, stating the purpose, the time, and the place of the	530
election. The form of the ballot cast at such election shall be	531
prescribed by the secretary of state. The question covered by such	532
petition shall be submitted as a separate proposition, but it may	533
be printed on the same ballot with any other proposition submitted	534
at the same election other than the election of officers. If a	535
majority of the qualified electors voting on the question of	536
repeal approve the repeal, the result of the election shall be	537
certified immediately after the canvass by the board of elections	538
to the county commissioners, who shall thereupon, after the	539
current year, cease to levy the tax.	540

Sec. 503.162.  (A) After certification of a resolution as	541
provided in section 503.161 of the Revised Code, the board of	542
elections shall submit the question of whether the township's name	543
shall be changed to the electors of the unincorporated area of the	544
township in accordance with division (C) of that section, and the	545
ballot language shall be substantially as follows:	546

"Shall the township of .......... (name) change its name to	547
........ (proposed name)?	548

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

549

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

550

(B) At least forty-five days before the election on this	551
question, the board of township trustees shall provide notice of	552
the election and an explanation of the proposed name change in a	553
newspaper of general circulation in the township for threetwo	554
consecutive weeks and shall post the notice and explanation in	555
five conspicuous places in the unincorporated area of the	556
township.	557

(C) If a majority of the votes cast on the proposition of	558
changing the township's name is in the affirmative, the name	559
change is adopted and becomes effective ninety days after the	560
board of elections certifies the election results to the clerk of	561
the township. Upon receipt of the certification of the election	562
results from the board of elections, the clerk of the township	563
shall send a copy of that certification to the secretary of state.	564

(D) A change in the name of a township shall not alter the	565
rights or liabilities of the township as previously named.	566

Sec. 504.02.  (A) After certification of a resolution as	567
provided in division (A), (B), or (D) of section 504.01 of the	568
Revised Code, the board of elections shall submit the question of	569
whether to adopt a limited home rule government to the electors of	570
the unincorporated area of the township, and the ballot language	571
shall be substantially as follows:	572

"Shall the township of ........... (name) adopt a limited	573
home rule government, under which government the board of township	574
trustees, by resolution, may exercise limited powers of local	575
self-government and limited police powers?	576

(B) At least forty-five days before the election on this	579
question the board of township trustees shall have notice of the	580
election and a description of the proposed limited home rule	581
government published in a newspaper of general circulation in the	582
township for threetwo consecutive weeks and have the notice and	583
description posted in five conspicuous places in the	584
unincorporated area of the township.	585

(C) If a majority of the votes cast on the proposition of	586
adopting a limited home rule government is in the affirmative,	587
that government is adopted and becomes the government of the	588
township on the first day of January immediately following the	589
election.	590

Sec. 504.03.  (A)(1) If a limited home rule government is	591
adopted pursuant to section 504.02 of the Revised Code, it shall	592
remain in effect for at least three years except as otherwise	593
provided in division (B) of this section. At the end of that	594
period, if the board of township trustees determines that that	595
government is not in the best interests of the township, it may	596
adopt a resolution causing the board of elections to submit to the	597
electors of the unincorporated area of the township the question	598
of whether the township should continue the limited home rule	599
government. The question shall be voted upon at the next general	600
election occurring at least seventy-five days after the	601
certification of the resolution to the board of elections. After	602
certification of the resolution, the board of elections shall	603
submit the question to the electors of the unincorporated area of	604
the township, and the ballot language shall be substantially as	605
follows:	606

"Shall the township of ........... (name) continue the	607
limited home rule government under which it is operating?	608

(2) At least forty-five days before the election on the	611
question of continuing the limited home rule government, the board	612
of township trustees shall have notice of the election published	613
in a newspaper of general circulation in the township for three	614
two consecutive weeks and have the notice posted in five	615
conspicuous places in the unincorporated area of the township.	616

(B) The electors of a township that has adopted a limited	617
home rule government may propose at any time by initiative	618
petition, in accordance with section 504.14 of the Revised Code, a	619
resolution submitting to the electors in the unincorporated area	620
of the township, in an election, the question set forth in	621
division (A)(1) of this section.	622

(C) If a majority of the votes cast under division (A) or (B)	623
of this section on the proposition of continuing the limited home	624
rule government is in the negative, that government is terminated	625
effective on the first day of January immediately following the	626
election, and a limited home rule government shall not be adopted	627
in the unincorporated area of the township pursuant to section	628
504.02 of the Revised Code for at least three years after that	629
date.	630

(D) If a limited home rule government is terminated under	631
this section, the board of township trustees immediately shall	632
adopt a resolution repealing all resolutions adopted pursuant to	633
this chapter that are not authorized by any other section of the	634
Revised Code outside this chapter, effective on the first day of	635
January immediately following the election described in division	636
(A) or (B) of this section. However, no resolution adopted under	637
this division shall affect or impair the obligations of the	638
township under any security issued or contracts entered into by	639
the township in connection with the financing of any water supply	640
facility or sewer improvement under sections 504.18 to 504.20 of	641
the Revised Code or the authority of the township to collect or	642
enforce any assessments or other revenues constituting security	643
for or source of payments of debt service charges of those	644
securities.	645

(E) Upon the termination of a limited home rule government	646
under this section, if the township had converted its board of	647
township trustees to a five-member board before the effective date	648
of this amendmentSeptember 26, 2003, the current board member who	649
received the lowest number of votes of the current board members	650
who were elected at the most recent election for township	651
trustees, and the current board member who received the lowest	652
number of votes of the current board members who were elected at	653
the second most recent election for township trustees, shall cease	654
to be township trustees on the date that the limited home rule	655
government terminates. Their offices likewise shall cease to exist	656
at that time, and the board shall continue as a three-member board	657
as provided in section 505.01 of the Revised Code.	658

Sec. 511.28.  A copy of any resolution for a tax levy adopted	659
by the township board of park commissioners as provided in section	660
511.27 of the Revised Code shall be certified by the clerk of the	661
board of park commissioners to the board of elections of the	662
proper county, together with a certified copy of the resolution	663
approving the levy, passed by the board of township trustees if	664
such a resolution is required by division (C) of section 511.27 of	665
the Revised Code, not less than seventy-five days before a general	666
or primary election in any year. The board of elections shall	667
submit the proposal to the electors as provided in section 511.27	668
of the Revised Code at the succeeding general or primary election.	669
A resolution to renew an existing levy may not be placed on the	670
ballot unless the question is submitted at the general election	671
held during the last year the tax to be renewed may be extended on	672
the real and public utility property tax list and duplicate, or at	673
any election held in the ensuing year. The board of park	674
commissioners shall cause notice that the vote will be taken to be	675
published once a week for fourtwo consecutive weeks prior to the	676
election in a newspaper of general circulation in the county	677
within which the park district is located. The notice shall state	678
the purpose of the proposed levy, the annual rate proposed	679
expressed in dollars and cents for each one hundred dollars of	680
valuation as well as in mills for each one dollar of valuation,	681
the number of consecutive years during which the levy shall be in	682
effect, and the time and place of the election.	683

The form of the ballots cast at the election shall be: "An	684
additional tax for the benefit of (name of township park district)	685
.......... for the purpose of (purpose stated in the order of the	686
board) .......... at a rate not exceeding .......... mills for	687
each one dollar of valuation, which amounts to (rate expressed in	688
dollars and cents) .......... for each one hundred dollars of	689
valuation, for (number of years the levy is to run) ..........	690

691

694

If the levy submitted is a proposal to renew, increase, or	695
decrease an existing levy, the form of the ballot specified in	696
this section may be changed by substituting for the words "An	697
additional" at the beginning of the form, the words "A renewal of	698
a" in the case of a proposal to renew an existing levy in the same	699
amount; the words "A renewal of .......... mills and an increase	700
of .......... mills to constitute a" in the case of an increase;	701
or the words "A renewal of part of an existing levy, being a	702
reduction of .......... mills, to constitute a" in the case of a	703
decrease in the rate of the existing levy.	704

If the tax is to be placed on the current tax list, the form	705
of the ballot shall be modified by adding, after the statement of	706
the number of years the levy is to run, the phrase ", commencing	707
in .......... (first year the tax is to be levied), first due in	708
calendar year .......... (first calendar year in which the tax	709
shall be due)."	710

The question covered by the order shall be submitted as a	711
separate proposition, but may be printed on the same ballot with	712
any other proposition submitted at the same election, other than	713
the election of officers. More than one such question may be	714
submitted at the same election.	715

Sec. 511.34.  In townships composed of islands, and on one of	716
which islands lands have been conveyed in trust for the benefit of	717
the inhabitants of the island for use as a park, and a board of	718
park trustees has been provided for the control of the park, the	719
board of township trustees may create a tax district of the island	720
to raise funds by taxation as provided under divisions (A) and (B)	721
of this section.	722

(A) For the care and maintenance of parks on the island, the	723
board of township trustees annually may levy a tax, not to exceed	724
one mill, upon all the taxable property in the district. The tax	725
shall be in addition to all other levies authorized by law, and	726
subject to no limitation on tax rates except as provided in this	727
division.	728

The proceeds of the tax levy shall be expended by the board	729
of township trustees for the purpose of the care and maintenance	730
of the parks, and shall be paid out of the township treasury upon	731
the orders of the board of park trustees.	732

(B) For the purpose of acquiring additional land for use as a	733
park, the board of township trustees may levy a tax in excess of	734
the ten-mill limitation on all taxable property in the district.	735
The tax shall be proposed by resolution adopted by two-thirds of	736
the members of the board of township trustees. The resolution	737
shall specify the purpose and rate of the tax and the number of	738
years the tax will be levied, which shall not exceed five years,	739
and which may include a levy on the current tax list and	740
duplicate. The resolution shall go into immediate effect upon its	741
passage, and no publication of the resolution is necessary other	742
than that provided for in the notice of election. The board of	743
township trustees shall certify a copy of the resolution to the	744
proper board of elections not later than seventy-five days before	745
the primary or general election in the township, and the board of	746
elections shall submit the question of the tax to the voters of	747
the district at the succeeding primary or general election. The	748
board of elections shall make the necessary arrangements for the	749
submission of the question to the electors of the district, and	750
the election shall be conducted, canvassed, and certified in the	751
same manner as regular elections in the township for the election	752
of officers. Notice of the election shall be published in a	753
newspaper of general circulation in the township once a week for	754
fourtwo consecutive weeks prior to the election, stating the	755
purpose of the tax, the proposed rate of the tax, expressed in	756
dollars and cents for each one hundred dollars of valuation and	757
mills for each one dollar of valuation, the number of years the	758
tax will be in effect and the first year the tax will be levied,	759
and the time and place of the election.	760

The form of the ballots cast at an election held under this	761
division shall be as follows:	762

"An additional tax for the benefit of ......... (name of the	763
township) for the purpose of acquiring additional park land at a	764
rate of ......... mills for each one dollar of valuation, which	765
amounts to ........ (rate expressed in dollars and cents) for each	766
one hundred dollars of valuation, for ......... (number of years	767
the levy is to run) beginning in ........... (first year the tax	768
will be levied).	769

770

773

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

If the levy is approved by a majority of electors voting on	779
the question, the board of elections shall certify the result of	780
the election to the tax commissioner. In the first year of the	781
levy, the tax shall be extended on the tax lists after the	782
February settlement following the election. If the tax is to be	783
placed on the tax lists of the current year as specified in the	784
resolution, the board of elections shall certify the result of the	785
election immediately after the canvass to the board of township	786
trustees, which shall forthwith make the necessary levy and	787
certify the levy to the county auditor, who shall extend the levy	788
on the tax lists for collection. After the first year of the levy,	789
the levy shall be included in the annual tax budget that is	790
certified to the county budget commission.	791

Sec. 513.14.  The board of elections shall advertise the	792
proposed tax levy question mentioned in section 513.13 of the	793
Revised Code, in two newspapers of opposite political faith, if	794
two such newspapers are published in the joint township hospital	795
district, otherwise, in one newspaper, published or of general	796
circulation in the proposed township hospital district, once a	797
week for threetwo weeks immediately preceding such election.	798

Sec. 731.28.  Ordinances and other measures providing for the	799
exercise of any powers of government granted by the constitution	800
or delegated to any municipal corporation by the general assembly	801
may be proposed by initiative petition. Such initiative petition	802
must contain the signatures of not less than ten per cent of the	803
number of electors who voted for governor at the most recent	804
general election for the office of governor in the municipal	805
corporation.	806

When a petition is filed with the city auditor or village	807
clerk, signed by the required number of electors proposing an	808
ordinance or other measure, such auditor or clerk shall, after ten	809
days, transmit a certified copy of the text of the proposed	810
ordinance or measure to the board of elections. The auditor or	811
clerk shall transmit the petition to the board together with the	812
certified copy of the proposed ordinance or other measure. The	813
board shall examine all signatures on the petition to determine	814
the number of electors of the municipal corporation who signed the	815
petition. The board shall return the petition to the auditor or	816
clerk within tenseven days after receiving it, together with a	817
statement attesting to the number of such electors who signed the	818
petition.	819

The board shall submit such proposed ordinance or measure for	820
the approval or rejection of the electors of the municipal	821
corporation at the next general election occurring subsequent to	822
seventy-five days after the auditor or clerk certifies the	823
sufficiency and validity of the initiative petition to the board	824
of elections. No ordinance or other measure proposed by initiative	825
petition and approved by a majority of the electors voting upon	826
the measure in such municipal corporation shall be subject to the	827
veto of the mayor.	828

As used in this section, "certified copy" means a copy	829
containing a written statement attesting it is a true and exact	830
reproduction of the original proposed ordinance or other measure.	831

Sec. 731.29.  Any ordinance or other measure passed by the	832
legislative authority of a municipal corporation shall be subject	833
to the referendum except as provided by section 731.30 of the	834
Revised Code. No ordinance or other measure shall go into effect	835
until thirty days after it is filed with the mayor of a city or	836
passed by the legislative authority in a village, except as	837
provided by such section.	838

When a petition, signed by ten per cent of the number of	839
electors who voted for governor at the most recent general	840
election for the office of governor in the municipal corporation,	841
is filed with the city auditor or village clerk within thirty days	842
after any ordinance or other measure is filed with the mayor or	843
passed by the legislative authority of a village, or in case the	844
mayor has vetoed the ordinance or any measure and returned it to	845
council, such petition may be filed within thirty days after the	846
council has passed the ordinance or measure over histhe veto,	847
ordering that such ordinance or measure be submitted to the	848
electors of such municipal corporation for their approval or	849
rejection, such auditor or clerk shall, after ten days, and not	850
later than four p.m. of the seventy-fifth day before the day of	851
election, transmit a certified copy of the text of the ordinance	852
or measure to the board of elections. The auditor or clerk shall	853
transmit the petition to the board together with the certified	854
copy of the ordinance or measure. The board shall examine all	855
signatures on the petition to determine the number of electors of	856
the municipal corporation who signed the petition. The board shall	857
return the petition to the auditor or clerk within tenseven days	858
after receiving it, together with a statement attesting to the	859
number of such electors who signed the petition. The board shall	860
submit the ordinance or measure to the electors of the municipal	861
corporation, for their approval or rejection, at the next general	862
election occurring subsequent to seventy-five days after the	863
auditor or clerk certifies the sufficiency and validity of the	864
petition to the board of elections.	865

No such ordinance or measure shall go into effect until	866
approved by the majority of those voting upon it. Sections 731.28	867
to 731.41 of the Revised Code do not prevent a municipal	868
corporation, after the passage of any ordinance or other measure,	869
from proceeding at once to give any notice or make any publication	870
required by such ordinance or other measure.	871

As used in this section, "certified copy" means a copy	872
containing a written statement attesting that it is a true and	873
exact reproduction of the original ordinance or other measure.	874

Sec. 745.07.  An ordinance passed pursuant to section 745.06	875
of the Revised Code, shall not take effect until submitted to the	876
electors of the municipal corporation, at a special or general	877
election held therein at such time as the legislative authority	878
thereof determines, and approved by a majority of the electors	879
voting thereon. The ordinance shall be passed by an affirmative	880
vote of not less than a majority of the members of the legislative	881
authority, and shall be subject to the approval of the mayor as	882
provided by law. The ordinance shall specify the form or phrasing	883
of the question to be placed upon the ballot. Thirty days' notice	884
of the election shall be given by publication once a week for four	885
two consecutive weeks in two daily or weekly newspapers published	886
or circulated in the municipal corporation, which notice shall	887
contain the full form or phrasing of the question to be submitted.	888
The clerk of the legislative authority shall certify the passage	889
of such ordinance to the officers having control of elections in	890
such municipal corporation, who shall cause such question to be	891
voted on at the general or special election as specified in the	892
ordinance.	893

Sec. 747.11.  The board of rapid transit commissioners may	894
grant to any corporation organized for street or interurban	895
railway purposes the right to operate, by lease or otherwise, the	896
depots, terminals, and railways mentioned in section 747.08 of the	897
Revised Code upon such terms as the board is authorized by	898
ordinance to agree upon with such corporation, subject to the	899
approval of a majority of the electors of the city voting thereon.	900

The board of rapid transit commissioners shall certify such	901
lease or agreement to the board of elections, which shall then	902
submit the question of the approval of such lease or agreement to	903
the qualified electors of the city at either a special or general	904
election as the ordinance specifies. Thirty days' notice of the	905
election shall be given in one or more of the newspapers published	906
in the city, once a week for fourtwo consecutive weeks prior to	907
the time of holding such election, setting forth the terms of the	908
lease or agreement and the time of holding the election. On the	909
approval by a majority of the voters voting at such election, the	910
corporation may operate such depots, terminals, and railways as	911
provided in the lease or agreement, and corporations organized	912
under the laws of this state for street or interurban railway	913
purposes may lease and operate such depots, terminals, and	914
railways.	915

Sec. 1901.07.  (A) All municipal court judges shall be	916
elected on the nonpartisan ballot for terms of six years. In a	917
municipal court in which only one judge is to be elected in any	918
one year, that judge's term commences on the first day of January	919
after the election. In a municipal court in which two or more	920
judges are to be elected in any one year, their terms commence on	921
successive days beginning the first day of January, following the	922
election, unless otherwise provided by section 1901.08 of the	923
Revised Code.	924

(B) All candidates for municipal court judge may be nominated	925
either by nominating petition or by primary election, except that	926
if the jurisdiction of a municipal court extends only to the	927
corporate limits of the municipal corporation in which the court	928
is located and that municipal corporation operates under a	929
charter, all candidates shall be nominated in the same manner	930
provided in the charter for the office of municipal court judge,	931
or, if no specific provisions are made in the charter for the	932
office of municipal court judge, in the same manner as the charter	933
prescribes for the nomination and election of the legislative	934
authority of the municipal corporation.	935

If a municipal corporation that has a municipal court has a	936
charter that specifies a primary date other than the date	937
specified in division (E) of section 3501.01 of the Revised Code,	938
and if the jurisdiction of thea municipal court extends beyond	939
the corporate limits of the municipal corporation, all candidates	940
for the office of municipal judge of that court shall be nominated	941
only by petition.	942

Ifin which it is located or if the jurisdiction of the court	943
does not extend beyond the corporate limits of the municipal	944
corporation in which it is located and no charter provisions	945
apply, all candidates for party nomination to the office of	946
municipal court judge shall file a declaration of candidacy and	947
petition not later than four p.m. of the seventy-fifth day before	948
the day of the primary election, or if the primary election is a	949
presidential primary election, not later than four p.m. of the	950
sixtieth day before the day of the presidential primary election,	951
in the form prescribed by section 3513.07 of the Revised Code. The	952
petition shall conform to the requirements provided for suchthose	953
petitions of candidacy contained in section 3513.05 of the Revised	954
Code, except that the petition shall be signed by at least fifty	955
electors of the territory of the court. If no valid declaration of	956
candidacy is filed for nomination as a candidate of a political	957
party for election to the office of municipal court judge, or if	958
the number of persons filing the declarations of candidacy for	959
nominations as candidates of one political party for election to	960
the office does not exceed the number of candidates that that	961
party is entitled to nominate as its candidates for election to	962
the office, no primary election shall be held for the purpose of	963
nominating candidates of that party for election to the office,	964
and the candidates shall be issued certificates of nomination in	965
the manner set forth in section 3513.02 of the Revised Code.	966

If the jurisdiction of a municipal court extends beyond the	967
corporate limits of the municipal corporation in which it is	968
located or if the jurisdiction of the court does not extend beyond	969
the corporate limits of the municipal corporation in which it is	970
located and no charter provisions apply, nonpartisan candidates	971
filingfor the office of municipal court judge shall file	972
nominating petitions for the office of municipal judge shall file	973
them not later than four p.m. of the day before the day of the	974
primary election, in the form prescribed by section 3513.261 of	975
the Revised Code. The petition shall conform to the requirements	976
provided for suchthose petitions of candidacy contained in	977
section 3513.257 of the Revised Code, except that the petition	978
shall be signed by at least fifty electors of the territory of the	979
court.	980

The nominating petition or declaration of candidacy for a	981
municipal court judge shall contain a designation of the term for	982
which the candidate seeks election. At the following regular	983
municipal election, the candidacies of the judges nominated shall	984
be submitted to the electors of the territory on a nonpartisan,	985
judicial ballot in the same manner as provided for judges of the	986
court of common pleas, except that, in a municipal corporation	987
operating under a charter, all candidates for municipal court	988
judge shall be elected in conformity with the charter if	989
provisions are made in the charter for the election of municipal	990
court judges.	991

(C) Notwithstanding divisions (A) and (B) of this section, in	992
the following municipal courts, the judges shall be nominated and	993
elected as follows:	994

(1) In the Cleveland municipal court, the judges shall be	995
nominated only by petition. The petition shall be signed by at	996
least one thousand electors of the territory of the court. It	997
shall be in the statutory form and shall be filed in the manner	998
and within the time prescribed by the charter of the city of	999
Cleveland for filing petitions of candidates for municipal	1000
offices. Each elector shall have the right to sign petitions for	1001
as many candidates as are to be elected, but no more. The judges	1002
shall be elected by the electors of the territory of the court in	1003
the manner provided by law for the election of judges of the court	1004
of common pleas.	1005

(2) In the Toledo municipal court, the judges shall be	1006
nominated only by petition. The petition shall be signed by at	1007
least one thousand electors of the territory of the court. It	1008
shall be in the statutory form and shall be filed in the manner	1009
and within the time prescribed by the charter of the city of	1010
Toledo for filing nominating petitions for city council. Each	1011
elector shall have the right to sign petitions for as many	1012
candidates as are to be elected, but no more. The judges shall be	1013
elected by the electors of the territory of the court in the	1014
manner provided by law for the election of judges of the court of	1015
common pleas.	1016

(3) In the Akron municipal court, the judges shall be	1017
nominated only by petition. The petition shall be signed by at	1018
least two hundred fifty electors of the territory of the court. It	1019
shall be in statutory form and shall be filed in the manner and	1020
within the time prescribed by the charter of the city of Akron for	1021
filing nominating petitions of candidates for municipal offices.	1022
Each elector shall have the right to sign petitions for as many	1023
candidates as are to be elected, but no more. The judges shall be	1024
elected by the electors of the territory of the court in the	1025
manner provided by law for the election of judges of the court of	1026
common pleas.	1027

(4) In the Hamilton county municipal court, the judges shall	1028
be nominated only by petition. The petition shall be signed by at	1029
least one thousand electors of the territory of the court, which	1030
petitions shall be signed, verified, and filed in the manner and	1031
within the time required by law for nominating petitions for	1032
members of council of the city of Cincinnati. The judges shall be	1033
elected by the electors of the territory of the court at the	1034
regular municipal election and in the manner provided by law for	1035
the election of judges of the court of common pleas.	1036

(5) In the Franklin county municipal court, the judges shall	1037
be nominated only by petition. The petition shall be signed by at	1038
least one thousand electors of the territory of the court. The	1039
petition shall be in the statutory form and shall be filed in the	1040
manner and within the time prescribed by the charter of the city	1041
of Columbus for filing petitions of candidates for municipal	1042
offices. The judges shall be elected by the electors of the	1043
territory of the court in the manner provided by law for the	1044
election of judges of the court of common pleas.	1045

(6) In the Auglaize, Brown, Clermont, Crawford, Hocking,	1046
Jackson, Lawrence, Madison, Miami, Morrow, Portage, and Wayne	1047
county municipal courts, the judges shall be nominated only by	1048
petition. The petitions shall be signed by at least two hundred	1049
fifty electors of the territory of the court and shall conform to	1050
the provisions of this section.	1051

(D) As used in this section, as to an election for either a	1052
full or an unexpired term, "the territory within the jurisdiction	1053
of the court" means such territory as it will be on the first day	1054
of January after the election.	1055

Sec. 1901.10.  (A)(1)(a) The judges of the municipal court	1056
and officers of the court shall take an oath of office, as	1057
provided in section 3.23 of the Revised Code. The office of judge	1058
of the municipal court is subject to forfeiture, and the judge may	1059
be removed from office, for the causes and by the procedure	1060
provided in sections 3.07 to 3.10 of the Revised Code. A vacancy	1061
in the office of judge exists upon the death, resignation,	1062
forfeiture, removal from office, or absence from official duties	1063
for a period of six consecutive months, as determined under this	1064
section, of the judge and also by reason of the expiration of the	1065
term of an incumbent when no successor has been elected or	1066
qualified. The chief justice of the supreme court may designate a	1067
judge of another municipal court to act until that vacancy is	1068
filled in accordance with section 107.08 of the Revised Code. A	1069
vacancy resulting from the absence of a municipal judge from	1070
official duties for a period of six consecutive months shall be	1071
determined and declared by the legislative authority.	1072

(b) If a vacancy occurs in the office of judge or clerk of	1073
the municipal court after the one-hundredth day before the first	1074
Tuesday after the first Monday in May and prior to the fortieth	1075
day before the day of the general election, all candidates for	1076
election to suchthe unexpired term for the office of the judge or	1077
clerk of the municipal court shall file nominating petitions with	1078
the board of elections not later than four p.m. on the tenth day	1079
following the day on which the vacancy occurs, providedexcept	1080
that, when the vacancy occurs fewer than six days before the	1081
fortieth day before the general election, the deadline for filing	1082
shall be four p.m. on the thirty-sixth day before the day of the	1083
general election.	1084

(c) Except as otherwise provided in division (A)(1)(d) of	1085
this section, eachEach nominating petition referred to in	1086
division (A)(1)(b) of this section shall be in the form prescribed	1087
in section 3513.261 of the Revised Code and shall be signed by at	1088
least fifty qualified electors of the territory of the municipal	1089
court not less in number than one per cent of the number of	1090
electors who voted for governor at the most recent regular state	1091
election in the territory over which such court has jurisdiction,	1092
or twenty-five hundred electors, whichever is the lesser number.	1093

(d) For any such vacancy occurring in the office of judge or	1094
clerk of a municipal court named in division (C)(1), (2), (3),	1095
(4), (5), or (6) of section 1901.07 of the Revised Code, each	1096
nominating petition shall be signed by qualified electors of the	1097
territory of the municipal court not less in number than one per	1098
cent of the number of electors who voted for governor at the most	1099
recent regular state election in the territory over which the	1100
court has jurisdiction, or the number of qualified electors	1101
required to sign a nominating petition in each of those divisions,	1102
as applicable to each particular court, whichever is the lesser	1103
number.	1104

(e) No. No nominating petition shall be accepted for filing	1105
or filed if it appears on its face to contain signatures	1106
aggregating in number more than twice the minimum aggregate number	1107
of signatures required by this section.	1108

(2) If a judge of a municipal court that has only one judge	1109
is temporarily absent, incapacitated, or otherwise unavailable,	1110
the judge may appoint a substitute who has the qualifications	1111
required by section 1901.06 of the Revised Code or a retired judge	1112
of a court of record who is a qualified elector and a resident of	1113
the territory of the court. If the judge is unable to make the	1114
appointment, the chief justice of the supreme court shall appoint	1115
a substitute. The appointee shall serve during the absence,	1116
incapacity, or unavailability of the incumbent, shall have the	1117
jurisdiction and powers conferred upon the judge of the municipal	1118
court, and shall be styled "acting judge." During that time of	1119
service, the acting judge shall sign all process and records and	1120
shall perform all acts pertaining to the office, except that of	1121
removal and appointment of officers of the court. All courts shall	1122
take judicial notice of the selection and powers of the acting	1123
judge. The incumbent judge shall establish the amount of	1124
compensation of an acting judge upon either a per diem, hourly, or	1125
other basis, but the rate of pay shall not exceed the per diem	1126
amount received by the incumbent judge.	1127

(B) When the volume of cases pending in any municipal court	1128
necessitates an additional judge, the chief justice of the supreme	1129
court, upon the written request of the judge or presiding judge of	1130
that municipal court, may designate a judge of another municipal	1131
court or county court to serve for any period of time that the	1132
chief justice may prescribe. The compensation of a judge so	1133
designated shall be paid from the city treasury or, in the case of	1134
a county-operated municipal court, from the county treasury. In	1135
addition to the annual salary provided for in section 1901.11 of	1136
the Revised Code and in addition to any compensation under	1137
division (A)(5) or (6) of section 141.04 of the Revised Code to	1138
which the judge is entitled in connection with the judge's own	1139
court, a full-time or part-time judge while holding court outside	1140
the judge's territory on the designation of the chief justice	1141
shall receive actual and necessary expenses and compensation as	1142
follows:	1143

(1) A full-time judge shall receive thirty dollars for each	1144
day of the assignment.	1145

(2) A part-time judge shall receive for each day of the	1146
assignment the per diem compensation of the judges of the court to	1147
which the judge is assigned, less the per diem amount paid to	1148
those judges pursuant to section 141.04 of the Revised Code,	1149
calculated on the basis of two hundred fifty working days per	1150
year.	1151

If a request is made by a judge or the presiding judge of a	1152
municipal court to designate a judge of another municipal court	1153
because of the volume of cases in the court for which the request	1154
is made and the chief justice reports, in writing, that no	1155
municipal or county court judge is available to serve by	1156
designation, the judges of the court requesting the designation	1157
may appoint a substitute as provided in division (A)(2) of this	1158
section, who may serve for any period of time that is prescribed	1159
by the chief justice. The substitute judge shall be paid in the	1160
same manner and at the same rate as the incumbent judges, except	1161
that, if the substitute judge is entitled to compensation under	1162
division (A)(5) or (6) of section 141.04 of the Revised Code, then	1163
section 1901.121 of the Revised Code shall govern its payment.	1164

Sec. 1901.31.  The clerk and deputy clerks of a municipal	1165
court shall be selected, be compensated, give bond, and have	1166
powers and duties as follows:	1167

(A) There shall be a clerk of the court who is appointed or	1168
elected as follows:	1169

(1)(a) Except in the Akron, Barberton, Cuyahoga Falls,	1170
Medina, Toledo, Hamilton county, Portage county, and Wayne county	1171
municipal courts, if the population of the territory equals or	1172
exceeds one hundred thousand at the regular municipal election	1173
immediately preceding the expiration of the term of the present	1174
clerk, the clerk shall be nominated and elected by the qualified	1175
electors of the territory in the manner that is provided for the	1176
nomination and election of judges in section 1901.07 of the	1177
Revised Code.	1178

The clerk so elected shall hold office for a term of six	1179
years, which term shall commence on the first day of January	1180
following the clerk's election and continue until the clerk's	1181
successor is elected and qualified.	1182

(b) In the Hamilton county municipal court, the clerk of	1183
courts of Hamilton county shall be the clerk of the municipal	1184
court and may appoint an assistant clerk who shall receive the	1185
compensation, payable out of the treasury of Hamilton county in	1186
semimonthly installments, that the board of county commissioners	1187
prescribes. The clerk of courts of Hamilton county, acting as the	1188
clerk of the Hamilton county municipal court and assuming the	1189
duties of that office, shall receive compensation at one-fourth	1190
the rate that is prescribed for the clerks of courts of common	1191
pleas as determined in accordance with the population of the	1192
county and the rates set forth in sections 325.08 and 325.18 of	1193
the Revised Code. This compensation shall be paid from the county	1194
treasury in semimonthly installments and is in addition to the	1195
annual compensation that is received for the performance of the	1196
duties of the clerk of courts of Hamilton county, as provided in	1197
sections 325.08 and 325.18 of the Revised Code.	1198

(c) In the Portage county and Wayne county municipal courts,	1199
the clerks of courts of Portage county and Wayne county shall be	1200
the clerks, respectively, of the Portage county and Wayne county	1201
municipal courts and may appoint a chief deputy clerk for each	1202
branch that is established pursuant to section 1901.311 of the	1203
Revised Code and assistant clerks as the judges of the municipal	1204
court determine are necessary, all of whom shall receive the	1205
compensation that the legislative authority prescribes. The clerks	1206
of courts of Portage county and Wayne county, acting as the clerks	1207
of the Portage county and Wayne county municipal courts and	1208
assuming the duties of these offices, shall receive compensation	1209
payable from the county treasury in semimonthly installments at	1210
one-fourth the rate that is prescribed for the clerks of courts of	1211
common pleas as determined in accordance with the population of	1212
the county and the rates set forth in sections 325.08 and 325.18	1213
of the Revised Code.	1214

(d) Except as otherwise provided in division (A)(1)(d) of	1215
this section, in the Akron municipal court, candidates for	1216
election to the office of clerk of the court shall be nominated by	1217
primary election. The primary election shall be held on the day	1218
specified in the charter of the city of Akron for the nomination	1219
of municipal officers. Notwithstanding section 3513.257 of the	1220
Revised Code, the nominating petitions of independent candidates	1221
shall be signed by at least two hundred fifty qualified electors	1222
of the territory of the court.	1223

The candidates shall file a declaration of candidacy and	1224
petition, or a nominating petition, whichever is applicable, not	1225
later than four p.m. of the seventy-fifth day before the day of	1226
the primary election, in the form prescribed by section 3513.07 or	1227
3513.261 of the Revised Code. The declaration of candidacy and	1228
petition, or the nominating petition, shall conform to the	1229
applicable requirements of section 3513.05 or 3513.257 of the	1230
Revised Code.	1231

If no valid declaration of candidacy and petition is filed by	1232
any person for nomination as a candidate of a particular political	1233
party for election to the office of clerk of the Akron municipal	1234
court, a primary election shall not be held for the purpose of	1235
nominating a candidate of that party for election to that office.	1236
If only one person files a valid declaration of candidacy and	1237
petition for nomination as a candidate of a particular political	1238
party for election to that office, a primary election shall not be	1239
held for the purpose of nominating a candidate of that party for	1240
election to that office, and the candidate shall be issued a	1241
certificate of nomination in the manner set forth in section	1242
3513.02 of the Revised Code.	1243

Declarations of candidacy and petitions, nominating	1244
petitions, and certificates of nomination for the office of clerk	1245
of the Akron municipal court shall contain a designation of the	1246
term for which the candidate seeks election. At the following	1247
regular municipal election, all candidates for the office shall be	1248
submitted to the qualified electors of the territory of the court	1249
in the manner that is provided in section 1901.07 of the Revised	1250
Code for the election of the judges of the court. The clerk so	1251
elected shall hold office for a term of six years, which term	1252
shall commence on the first day of January following the clerk's	1253
election and continue until the clerk's successor is elected and	1254
qualified.	1255

(e) Irrespective of the population of the territory of the	1256
Medina municipal court, the clerk of that court shall be appointed	1257
pursuant to division (A)(2)(a) of this section by the judges of	1258
that court, shall hold office until the clerk's successor is	1259
similarly appointed and qualified, and shall receive pursuant to	1260
division (C) of this section the annual compensation that the	1261
legislative authority prescribes and that is payable in	1262
semimonthly installments from the same sources and in the same	1263
manner as provided in section 1901.11 of the Revised Code.	1264

(f) Except as otherwise provided in division (A)(1)(f) of	1265
this section, in the Barberton municipal court, candidates for	1266
election to the office of clerk of the court shall be nominated by	1267
primary election. The primary election shall be held on the day	1268
specified in the charter of the city of Barberton for the	1269
nomination of municipal officers. Notwithstanding section 3513.257	1270
of the Revised Code, the nominating petitions of independent	1271
candidates shall be signed by at least two hundred fifty qualified	1272
electors of the territory of the court.	1273

The candidates shall file a declaration of candidacy and	1274
petition, or a nominating petition, whichever is applicable, not	1275
later than four p.m. of the seventy-fifth day before the day of	1276
the primary election, in the form prescribed by section 3513.07 or	1277
3513.261 of the Revised Code. The declaration of candidacy and	1278
petition, or the nominating petition, shall conform to the	1279
applicable requirements of section 3513.05 or 3513.257 of the	1280
Revised Code.	1281

If no valid declaration of candidacy and petition is filed by	1282
any person for nomination as a candidate of a particular political	1283
party for election to the office of clerk of the Barberton	1284
municipal court, a primary election shall not be held for the	1285
purpose of nominating a candidate of that party for election to	1286
that office. If only one person files a valid declaration of	1287
candidacy and petition for nomination as a candidate of a	1288
particular political party for election to that office, a primary	1289
election shall not be held for the purpose of nominating a	1290
candidate of that party for election to that office, and the	1291
candidate shall be issued a certificate of nomination in the	1292
manner set forth in section 3513.02 of the Revised Code.	1293

Declarations of candidacy and petitions, nominating	1294
petitions, and certificates of nomination for the office of clerk	1295
of the Barberton municipal court shall contain a designation of	1296
the term for which the candidate seeks election. At the following	1297
regular municipal election, all candidates for the office shall be	1298
submitted to the qualified electors of the territory of the court	1299
in the manner that is provided in section 1901.07 of the Revised	1300
Code for the election of the judges of the court. The clerk so	1301
elected shall hold office for a term of six years, which term	1302
shall commence on the first day of January following the clerk's	1303
election and continue until the clerk's successor is elected and	1304
qualified.	1305

(g) Except as otherwise provided in division (A)(1)(g) of	1306
this section, in the Cuyahoga Falls municipal court, candidates	1307
for election to the office of clerk of the court shall be	1308
nominated by primary election. The primary election shall be held	1309
on the day specified in the charter of the city of Cuyahoga Falls	1310
for the nomination of municipal officers. Notwithstanding section	1311
3513.257 of the Revised Code, the nominating petitions of	1312
independent candidates shall be signed by at least two hundred	1313
fifty qualified electors of the territory of the court.	1314

The candidates shall file a declaration of candidacy and	1315
petition, or a nominating petition, whichever is applicable, not	1316
later than four p.m. of the seventy-fifth day before the day of	1317
the primary election, in the form prescribed by section 3513.07 or	1318
3513.261 of the Revised Code. The declaration of candidacy and	1319
petition, or the nominating petition, shall conform to the	1320
applicable requirements of section 3513.05 or 3513.257 of the	1321
Revised Code.	1322

If no valid declaration of candidacy and petition is filed by	1323
any person for nomination as a candidate of a particular political	1324
party for election to the office of clerk of the Cuyahoga Falls	1325
municipal court, a primary election shall not be held for the	1326
purpose of nominating a candidate of that party for election to	1327
that office. If only one person files a valid declaration of	1328
candidacy and petition for nomination as a candidate of a	1329
particular political party for election to that office, a primary	1330
election shall not be held for the purpose of nominating a	1331
candidate of that party for election to that office, and the	1332
candidate shall be issued a certificate of nomination in the	1333
manner set forth in section 3513.02 of the Revised Code.	1334

Declarations of candidacy and petitions, nominating	1335
petitions, and certificates of nomination for the office of clerk	1336
of the Cuyahoga Falls municipal court shall contain a designation	1337
of the term for which the candidate seeks election. At the	1338
following regular municipal election, all candidates for the	1339
office shall be submitted to the qualified electors of the	1340
territory of the court in the manner that is provided in section	1341
1901.07 of the Revised Code for the election of the judges of the	1342
court. The clerk so elected shall hold office for a term of six	1343
years, which term shall commence on the first day of January	1344
following the clerk's election and continue until the clerk's	1345
successor is elected and qualified.	1346

(h) Except as otherwise provided in division (A)(1)(h) of	1347
this section, in the Toledo municipal court, candidates for	1348
election to the office of clerk of the court shall be nominated by	1349
primary election. The primary election shall be held on the day	1350
specified in the charter of the city of Toledo for the nomination	1351
of municipal officers. Notwithstanding section 3513.257 of the	1352
Revised Code, the nominating petitions of independent candidates	1353
shall be signed by at least two hundred fifty qualified electors	1354
of the territory of the court.	1355

The candidates shall file a declaration of candidacy and	1356
petition, or a nominating petition, whichever is applicable, not	1357
later than four p.m. of the seventy-fifth day before the day of	1358
the primary election, in the form prescribed by section 3513.07 or	1359
3513.261 of the Revised Code. The declaration of candidacy and	1360
petition, or the nominating petition, shall conform to the	1361
applicable requirements of section 3513.05 or 3513.257 of the	1362
Revised Code.	1363

If no valid declaration of candidacy and petition is filed by	1364
any person for nomination as a candidate of a particular political	1365
party for election to the office of clerk of the Toledo municipal	1366
court, a primary election shall not be held for the purpose of	1367
nominating a candidate of that party for election to that office.	1368
If only one person files a valid declaration of candidacy and	1369
petition for nomination as a candidate of a particular political	1370
party for election to that office, a primary election shall not be	1371
held for the purpose of nominating a candidate of that party for	1372
election to that office, and the candidate shall be issued a	1373
certificate of nomination in the manner set forth in section	1374
3513.02 of the Revised Code.	1375

Declarations of candidacy and petitions, nominating	1376
petitions, and certificates of nomination for the office of clerk	1377
of the Toledo municipal court shall contain a designation of the	1378
term for which the candidate seeks election. At the following	1379
regular municipal election, all candidates for the office shall be	1380
submitted to the qualified electors of the territory of the court	1381
in the manner that is provided in section 1901.07 of the Revised	1382
Code for the election of the judges of the court. The clerk so	1383
elected shall hold office for a term of six years, which term	1384
shall commence on the first day of January following the clerk's	1385
election and continue until the clerk's successor is elected and	1386
qualified.	1387

(2)(a) Except for the Alliance, Auglaize county, Brown	1388
county, Columbiana county, Lorain, Massillon, and Youngstown	1389
municipal courts, in a municipal court for which the population of	1390
the territory is less than one hundred thousand and in the Medina	1391
municipal court, the clerk shall be appointed by the court, and	1392
the clerk shall hold office until the clerk's successor is	1393
appointed and qualified.	1394

(b) In the Alliance, Lorain, Massillon, and Youngstown	1395
municipal courts, the clerk shall be elected for a term of office	1396
as described in division (A)(1)(a) of this section.	1397

(c) In the Auglaize county and Brown county municipal courts,	1398
the clerks of courts of Auglaize county and Brown county shall be	1399
the clerks, respectively, of the Auglaize county and Brown county	1400
municipal courts and may appoint a chief deputy clerk for each	1401
branch that is established pursuant to section 1901.311 of the	1402
Revised Code, and assistant clerks as the judge of the court	1403
determines are necessary, all of whom shall receive the	1404
compensation that the legislative authority prescribes. The clerks	1405
of courts of Auglaize county and Brown county, acting as the	1406
clerks of the Auglaize county and Brown county municipal courts	1407
and assuming the duties of these offices, shall receive	1408
compensation payable from the county treasury in semimonthly	1409
installments at one-fourth the rate that is prescribed for the	1410
clerks of courts of common pleas as determined in accordance with	1411
the population of the county and the rates set forth in sections	1412
325.08 and 325.18 of the Revised Code.	1413

(d) In the Columbiana county municipal court, the clerk of	1414
courts of Columbiana county shall be the clerk of the municipal	1415
court, may appoint a chief deputy clerk for each branch office	1416
that is established pursuant to section 1901.311 of the Revised	1417
Code, and may appoint any assistant clerks that the judges of the	1418
court determine are necessary. All of the chief deputy clerks and	1419
assistant clerks shall receive the compensation that the	1420
legislative authority prescribes. The clerk of courts of	1421
Columbiana county, acting as the clerk of the Columbiana county	1422
municipal court and assuming the duties of that office, shall	1423
receive compensation payable from the county treasury in	1424
semimonthly installments at one-fourth the rate that is prescribed	1425
for the clerks of courts of common pleas as determined in	1426
accordance with the population of the county and the rates set	1427
forth in sections 325.08 and 325.18 of the Revised Code.	1428

(3) During the temporary absence of the clerk due to illness,	1429
vacation, or other proper cause, the court may appoint a temporary	1430
clerk, who shall be paid the same compensation, have the same	1431
authority, and perform the same duties as the clerk.	1432

(B) Except in the Hamilton county, Medina, Portage county,	1433
and Wayne county municipal courts, if a vacancy occurs in the	1434
office of the clerk of the Alliance, Lorain, Massillon, or	1435
Youngstown municipal court or occurs in the office of the clerk of	1436
a municipal court for which the population of the territory equals	1437
or exceeds one hundred thousand because the clerk ceases to hold	1438
the office before the end of the clerk's term or because a	1439
clerk-elect fails to take office, the vacancy shall be filled,	1440
until a successor is elected and qualified, by a person chosen by	1441
the residents of the territory of the court who are members of the	1442
county central committee of the political party by which the last	1443
occupant of that office or the clerk-elect was nominated. Not less	1444
than five nor more than fifteen days after a vacancy occurs, those	1445
members of that county central committee shall meet to make an	1446
appointment to fill the vacancy. At least four days before the	1447
date of the meeting, the chairperson or a secretary of the county	1448
central committee shall notify each such member of that county	1449
central committee by first class mail of the date, time, and place	1450
of the meeting and its purpose. A majority of all such members of	1451
that county central committee constitutes a quorum, and a majority	1452
of the quorum is required to make the appointment. If the office	1453
so vacated was occupied or was to be occupied by a person not	1454
nominated at a primary election, or if the appointment was not	1455
made by the committee members in accordance with this division,	1456
the court shall make an appointment to fill the vacancy. A	1457
successor shall be elected to fill the office for the unexpired	1458
term at the first municipal election that is held more than one	1459
hundred twenty days after the vacancy occurred.	1460

(C)(1) In a municipal court, other than the Auglaize county,	1461
the Brown county, the Columbiana county, and the Lorain municipal	1462
courts, for which the population of the territory is less than one	1463
hundred thousand and in the Medina municipal court, the clerk of	1464
the municipal court shall receive the annual compensation that the	1465
presiding judge of the court prescribes, if the revenue of the	1466
court for the preceding calendar year, as certified by the auditor	1467
or chief fiscal officer of the municipal corporation in which the	1468
court is located or, in the case of a county-operated municipal	1469
court, the county auditor, is equal to or greater than the	1470
expenditures, including any debt charges, for the operation of the	1471
court payable under this chapter from the city treasury or, in the	1472
case of a county-operated municipal court, the county treasury for	1473
that calendar year, as also certified by the auditor or chief	1474
fiscal officer. If the revenue of a municipal court, other than	1475
the Auglaize county, the Brown county, the Columbiana county, and	1476
the Lorain municipal courts, for which the population of the	1477
territory is less than one hundred thousand or the revenue of the	1478
Medina municipal court for the preceding calendar year as so	1479
certified is not equal to or greater than those expenditures for	1480
the operation of the court for that calendar year as so certified,	1481
the clerk of a municipal court shall receive the annual	1482
compensation that the legislative authority prescribes. As used in	1483
this division, "revenue" means the total of all costs and fees	1484
that are collected and paid to the city treasury or, in a	1485
county-operated municipal court, the county treasury by the clerk	1486
of the municipal court under division (F) of this section and all	1487
interest received and paid to the city treasury or, in a	1488
county-operated municipal court, the county treasury in relation	1489
to the costs and fees under division (G) of this section.	1490

(2) In a municipal court, other than the Hamilton county,	1491
Medina, Portage county, and Wayne county municipal courts, for	1492
which the population of the territory is one hundred thousand or	1493
more, and in the Lorain municipal court, the clerk of the	1494
municipal court shall receive annual compensation in a sum equal	1495
to eighty-five per cent of the salary of a judge of the court.	1496

(3) The compensation of a clerk described in division (C)(1)	1497
or (2) of this section is payable in semimonthly installments from	1498
the same sources and in the same manner as provided in section	1499
1901.11 of the Revised Code.	1500

(D) Before entering upon the duties of the clerk's office,	1501
the clerk of a municipal court shall give bond of not less than	1502
six thousand dollars to be determined by the judges of the court,	1503
conditioned upon the faithful performance of the clerk's duties.	1504

(E) The clerk of a municipal court may do all of the	1505
following: administer oaths, take affidavits, and issue executions	1506
upon any judgment rendered in the court, including a judgment for	1507
unpaid costs; issue, sign, and attach the seal of the court to all	1508
writs, process, subpoenas, and papers issuing out of the court;	1509
and approve all bonds, sureties, recognizances, and undertakings	1510
fixed by any judge of the court or by law. The clerk may refuse to	1511
accept for filing any pleading or paper submitted for filing by a	1512
person who has been found to be a vexatious litigator under	1513
section 2323.52 of the Revised Code and who has failed to obtain	1514
leave to proceed under that section. The clerk shall do all of the	1515
following: file and safely keep all journals, records, books, and	1516
papers belonging or appertaining to the court; record the	1517
proceedings of the court; perform all other duties that the judges	1518
of the court may prescribe; and keep a book showing all receipts	1519
and disbursements, which book shall be open for public inspection	1520
at all times.	1521

The clerk shall prepare and maintain a general index, a	1522
docket, and other records that the court, by rule, requires, all	1523
of which shall be the public records of the court. In the docket,	1524
the clerk shall enter, at the time of the commencement of an	1525
action, the names of the parties in full, the names of the	1526
counsel, and the nature of the proceedings. Under proper dates,	1527
the clerk shall note the filing of the complaint, issuing of	1528
summons or other process, returns, and any subsequent pleadings.	1529
The clerk also shall enter all reports, verdicts, orders,	1530
judgments, and proceedings of the court, clearly specifying the	1531
relief granted or orders made in each action. The court may order	1532
an extended record of any of the above to be made and entered,	1533
under the proper action heading, upon the docket at the request of	1534
any party to the case, the expense of which record may be taxed as	1535
costs in the case or may be required to be prepaid by the party	1536
demanding the record, upon order of the court.	1537

(F) The clerk of a municipal court shall receive, collect,	1538
and issue receipts for all costs, fees, fines, bail, and other	1539
moneys payable to the office or to any officer of the court. The	1540
clerk shall each month disburse to the proper persons or officers,	1541
and take receipts for, all costs, fees, fines, bail, and other	1542
moneys that the clerk collects. Subject to sections 3375.50 and	1543
4511.193 of the Revised Code and to any other section of the	1544
Revised Code that requires a specific manner of disbursement of	1545
any moneys received by a municipal court and except for the	1546
Hamilton county, Lawrence county, and Ottawa county municipal	1547
courts, the clerk shall pay all fines received for violation of	1548
municipal ordinances into the treasury of the municipal	1549
corporation the ordinance of which was violated and shall pay all	1550
fines received for violation of township resolutions adopted	1551
pursuant to Chapter 504. of the Revised Code into the treasury of	1552
the township the resolution of which was violated. Subject to	1553
sections 1901.024 and 4511.193 of the Revised Code, in the	1554
Hamilton county, Lawrence county, and Ottawa county municipal	1555
courts, the clerk shall pay fifty per cent of the fines received	1556
for violation of municipal ordinances and fifty per cent of the	1557
fines received for violation of township resolutions adopted	1558
pursuant to Chapter 504. of the Revised Code into the treasury of	1559
the county. Subject to sections 3375.50, 3375.53, 4511.19, and	1560
5503.04 of the Revised Code and to any other section of the	1561
Revised Code that requires a specific manner of disbursement of	1562
any moneys received by a municipal court, the clerk shall pay all	1563
fines collected for the violation of state laws into the county	1564
treasury. Except in a county-operated municipal court, the clerk	1565
shall pay all costs and fees the disbursement of which is not	1566
otherwise provided for in the Revised Code into the city treasury.	1567
The clerk of a county-operated municipal court shall pay the costs	1568
and fees the disbursement of which is not otherwise provided for	1569
in the Revised Code into the county treasury. Moneys deposited as	1570
security for costs shall be retained pending the litigation. The	1571
clerk shall keep a separate account of all receipts and	1572
disbursements in civil and criminal cases, which shall be a	1573
permanent public record of the office. On the expiration of the	1574
term of the clerk, the clerk shall deliver the records to the	1575
clerk's successor. The clerk shall have other powers and duties as	1576
are prescribed by rule or order of the court.	1577

(G) All moneys paid into a municipal court shall be noted on	1578
the record of the case in which they are paid and shall be	1579
deposited in a state or national bank, or a domestic savings and	1580
loan association, as defined in section 1151.01 of the Revised	1581
Code, that is selected by the clerk. Any interest received upon	1582
the deposits shall be paid into the city treasury, except that, in	1583
a county-operated municipal court, the interest shall be paid into	1584
the treasury of the county in which the court is located.	1585

On the first Monday in January of each year, the clerk shall	1586
make a list of the titles of all cases in the court that were	1587
finally determined more than one year past in which there remains	1588
unclaimed in the possession of the clerk any funds, or any part of	1589
a deposit for security of costs not consumed by the costs in the	1590
case. The clerk shall give notice of the moneys to the parties who	1591
are entitled to the moneys or to their attorneys of record. All	1592
the moneys remaining unclaimed on the first day of April of each	1593
year shall be paid by the clerk to the city treasurer, except	1594
that, in a county-operated municipal court, the moneys shall be	1595
paid to the treasurer of the county in which the court is located.	1596
The treasurer shall pay any part of the moneys at any time to the	1597
person who has the right to the moneys upon proper certification	1598
of the clerk.	1599

(H) Deputy clerks may be appointed by the clerk and shall	1600
receive the compensation, payable in semimonthly installments out	1601
of the city treasury, that the clerk may prescribe, except that	1602
the compensation of any deputy clerk of a county-operated	1603
municipal court shall be paid out of the treasury of the county in	1604
which the court is located. Each deputy clerk shall take an oath	1605
of office before entering upon the duties of the deputy clerk's	1606
office and, when so qualified, may perform the duties appertaining	1607
to the office of the clerk. The clerk may require any of the	1608
deputy clerks to give bond of not less than three thousand	1609
dollars, conditioned for the faithful performance of the deputy	1610
clerk's duties.	1611

(I) For the purposes of this section, whenever the population	1612
of the territory of a municipal court falls below one hundred	1613
thousand but not below ninety thousand, and the population of the	1614
territory prior to the most recent regular federal census exceeded	1615
one hundred thousand, the legislative authority of the municipal	1616
corporation may declare, by resolution, that the territory shall	1617
be considered to have a population of at least one hundred	1618
thousand.	1619

(J) The clerk or a deputy clerk shall be in attendance at all	1620
sessions of the municipal court, although not necessarily in the	1621
courtroom, and may administer oaths to witnesses and jurors and	1622
receive verdicts.	1623

Sec. 1901.33.  (A) The judge or judges of a municipal court	1624
may appoint one or more interpreters, one or more mental health	1625
professionals, one or more probation officers, an assignment	1626
commissioner, deputy assignment commissioners, and other court	1627
aides on a full-time, part-time, hourly, or other basis. Each	1628
appointee shall receive the compensation out of the city treasury	1629
that the legislative authority prescribes, except that, in a	1630
county-operated municipal court, they shall receive the	1631
compensation out of the treasury of the county in which the court	1632
is located that the board of county commissioners prescribes.	1633
Probation officers have all the powers of regular police officers	1634
and shall perform any duties that are designated by the judge or	1635
judges of the court. Assignment commissioners shall assign cases	1636
for trial and perform any other duties that the court directs.	1637

The judge or judges may appoint one or more typists,	1638
stenographers, statistical clerks, and official court reporters,	1639
each of whom shall be paid the compensation out of the city	1640
treasury that the legislative authority prescribes, except that,	1641
in a county-operated municipal court, they shall be paid the	1642
compensation out of the treasury of the county in which the court	1643
is located that the board of county commissioners prescribes.	1644

(B) If a municipal court appoints one or more probation	1645
officers, those officers shall constitute the municipal court	1646
department of probation unless the court designates other	1647
employees as the department of probation for the court.	1648

(C) The chief probation officer may grant permission to a	1649
probation officer to carry firearms when required in the discharge	1650
of the probation officer's official duties if the probation	1651
officer has successfully completed a basic firearm training	1652
program that is approved by the executive director of the Ohio	1653
peace officer training commission. A probation officer who has	1654
been granted permission to carry a firearm in the discharge of the	1655
probation officer's official duties annually shall successfully	1656
complete a firearms requalification program in accordance with	1657
section 109.801 of the Revised Code.	1658

(D) The judge or judges of a municipal court in which the	1659
clerk of the court is elected as provided in division (A)(1)(a) or	1660
(d) or (A)(2)(b) of section 1901.31 of the Revised Code may	1661
appoint an administrative assistant. The administrative assistant	1662
shall have charge of personnel-related matters of the court and	1663
shall perform any other administrative duties assigned by the	1664
court. The administrative assistant shall receive the compensation	1665
out of the city treasury that the court prescribes, except that,	1666
in a county-operated municipal court, the administrative assistant	1667
shall receive the compensation out of the treasury of the county	1668
in which the court is located that the court prescribes.	1669

Sec. 3311.21.  (A) In addition to the resolutions authorized	1670
by sections 5705.194, 5705.21, 5705.212, and 5705.213 of the	1671
Revised Code, the board of education of a joint vocational or	1672
cooperative education school district by a vote of two-thirds of	1673
its full membership may at any time adopt a resolution declaring	1674
the necessity to levy a tax in excess of the ten-mill limitation	1675
for a period not to exceed ten years to provide funds for any one	1676
or more of the following purposes, which may be stated in the	1677
following manner in such resolution, the ballot, and the notice of	1678
election: purchasing a site or enlargement thereof and for the	1679
erection and equipment of buildings; for the purpose of enlarging,	1680
improving, or rebuilding thereof; for the purpose of providing for	1681
the current expenses of the joint vocational or cooperative school	1682
district; or for a continuing period for the purpose of providing	1683
for the current expenses of the joint vocational or cooperative	1684
education school district. The resolution shall specify the amount	1685
of the proposed rate and, if a renewal, whether the levy is to	1686
renew all, or a portion of, the existing levy, and shall specify	1687
the first year in which the levy will be imposed. If the levy	1688
provides for but is not limited to current expenses, the	1689
resolution shall apportion the annual rate of the levy between	1690
current expenses and the other purpose or purposes. Such	1691
apportionment may but need not be the same for each year of the	1692
levy, but the respective portions of the rate actually levied each	1693
year for current expenses and the other purpose or purposes shall	1694
be limited by such apportionment. The portion of any such rate	1695
actually levied for current expenses of a joint vocational or	1696
cooperative education school district shall be used in applying	1697
division (A) of section 3317.01 of the Revised Code. The portion	1698
of any such rate not apportioned to the current expenses of a	1699
joint vocational or cooperative education school district shall be	1700
used in applying division (B) of this section. On the adoption of	1701
such resolution, the joint vocational or cooperative education	1702
school district board of education shall certify the resolution to	1703
the board of elections of the county containing the most populous	1704
portion of the district, which board shall receive resolutions for	1705
filing and send them to the boards of elections of each county in	1706
which territory of the district is located, furnish all ballots	1707
for the election as provided in section 3505.071 of the Revised	1708
Code, and prepare the election notice; and the board of elections	1709
of each county in which the territory of such district is located	1710
shall make the other necessary arrangements for the submission of	1711
the question to the electors of the joint vocational or	1712
cooperative education school district at the next primary or	1713
general election occurring not less than seventy-five days after	1714
the resolution was received from the joint vocational or	1715
cooperative education school district board of education, or at a	1716
special election to be held at a time designated by the district	1717
board of education consistent with the requirements of section	1718
3501.01 of the Revised Code, which date shall not be earlier than	1719
seventy-five days after the adoption and certification of the	1720
resolution.	1721

The board of elections of the county or counties in which	1722
territory of the joint vocational or cooperative education school	1723
district is located shall cause to be published in one or more	1724
newspapers of general circulation in such district an	1725
advertisement of the proposed tax levy question together with a	1726
statement of the amount of the proposed levy once each week for	1727
threetwo consecutive weeks, prior to the election at which the	1728
question is to appear on the ballot.	1729

If a majority of the electors voting on the question of	1730
levying such tax vote in favor of the levy, the joint vocational	1731
or cooperative education school district board of education shall	1732
annually make the levy within the district at the rate specified	1733
in the resolution and ballot or at any lesser rate, and the county	1734
auditor of each affected county shall annually place the levy on	1735
the tax list and duplicate of each school district in histhe	1736
county having territory in the joint vocational or cooperative	1737
education school district. The taxes realized from the levy shall	1738
be collected at the same time and in the same manner as other	1739
taxes on the duplicate, and the taxes, when collected, shall be	1740
paid to the treasurer of the joint vocational or cooperative	1741
education school district and deposited by him to a special fund,	1742
which shall be established by the joint vocational or cooperative	1743
education school district board of education for all revenue	1744
derived from any tax levied pursuant to this section and for the	1745
proceeds of anticipation notes which shall be deposited in such	1746
fund. After the approval of the levy, the joint vocational or	1747
cooperative education school district board of education may	1748
anticipate a fraction of the proceeds of the levy and from time to	1749
time, during the life of the levy, but in any year prior to the	1750
time when the tax collection from the levy so anticipated can be	1751
made for that year, issue anticipation notes in an amount not	1752
exceeding fifty per cent of the estimated proceeds of the levy to	1753
be collected in each year up to a period of five years after the	1754
date of the issuance of the notes, less an amount equal to the	1755
proceeds of the levy obligated for each year by the issuance of	1756
anticipation notes, provided that the total amount maturing in any	1757
one year shall not exceed fifty per cent of the anticipated	1758
proceeds of the levy for that year. Each issue of notes shall be	1759
sold as provided in Chapter 133. of the Revised Code, and shall,	1760
except for such limitation that the total amount of such notes	1761
maturing in any one year shall not exceed fifty per cent of the	1762
anticipated proceeds of the levy for that year, mature serially in	1763
substantially equal installments, during each year over a period	1764
not to exceed five years after their issuance.	1765

(B) Prior to the application of section 319.301 of the	1766
Revised Code, the rate of a levy that is limited to, or to the	1767
extent that it is apportioned to, purposes other than current	1768
expenses shall be reduced in the same proportion in which the	1769
district's total valuation increases during the life of the levy	1770
because of additions to such valuation that have resulted from	1771
improvements added to the tax list and duplicate.	1772

(C) The form of ballot cast at an election under division (A)	1773
of this section shall be as prescribed by section 5705.25 of the	1774
Revised Code.	1775

Sec. 3311.50.  (A) As used in this section, "county school	1776
financing district" means a taxing district consisting of the	1777
following territory:	1778

(1) The territory that constitutes the educational service	1779
center on the date that the governing board of that educational	1780
service center adopts a resolution under division (B) of this	1781
section declaring that the territory of the educational service	1782
center is a county school financing district, exclusive of any	1783
territory subsequently withdrawn from the district under division	1784
(D) of this section;	1785

(2) Any territory that has been added to the county school	1786
financing district under this section.	1787

A county school financing district may include the territory	1788
of a city, local, or exempted village school district whose	1789
territory also is included in the territory of one or more other	1790
county school financing districts.	1791

(B) The governing board of any educational service center	1792
may, by resolution, declare that the territory of the educational	1793
service center is a county school financing district. The	1794
resolution shall state the purpose for which the county school	1795
financing district is created which may be for any one or more of	1796
the following purposes:	1797

(1) To levy taxes for the provision of special education by	1798
the school districts that are a part of the district, including	1799
taxes for permanent improvements for special education;	1800

(2) To levy taxes for the provision of specified educational	1801
programs and services by the school districts that are a part of	1802
the district, as identified in the resolution creating the	1803
district, including the levying of taxes for permanent	1804
improvements for those programs and services;	1805

(3) To levy taxes for permanent improvements of school	1806
districts that are a part of the district.	1807

The governing board of the educational service center that	1808
creates a county school financing district shall serve as the	1809
taxing authority of the district and may use educational service	1810
center governing board employees to perform any of the functions	1811
necessary in the performance of its duties as a taxing authority.	1812
A county school financing district shall not employ any personnel.	1813

With the approval of a majority of the members of the board	1814
of education of each school district within the territory of the	1815
county school financing district, the taxing authority of the	1816
financing district may amend the resolution creating the district	1817
to broaden or narrow the purposes for which it was created.	1818

A governing board of an educational service center may create	1819
more than one county school financing district. If a governing	1820
board of an educational service center creates more than one such	1821
district, it shall clearly distinguish among the districts it	1822
creates by including a designation of each district's purpose in	1823
the district's name.	1824

(C) A majority of the members of a board of education of a	1825
city, local, or exempted village school district may adopt a	1826
resolution requesting that its territory be joined with the	1827
territory of any county school financing district. Copies of the	1828
resolution shall be filed with the state board of education and	1829
the taxing authority of the county school financing district.	1830
Within sixty days of its receipt of such a resolution, the county	1831
school financing district's taxing authority shall vote on the	1832
question of whether to accept the school district's territory as	1833
part of the county school financing district. If a majority of the	1834
members of the taxing authority vote to accept the territory, the	1835
school district's territory shall thereupon become a part of the	1836
county school financing district unless the county school	1837
financing district has in effect a tax imposed under section	1838
5705.211 of the Revised Code. If the county school financing	1839
district has such a tax in effect, the taxing authority shall	1840
certify a copy of its resolution accepting the school district's	1841
territory to the school district's board of education, which may	1842
then adopt a resolution, with the affirmative vote of a majority	1843
of its members, proposing the submission to the electors of the	1844
question of whether the district's territory shall become a part	1845
of the county school financing district and subject to the taxes	1846
imposed by the financing district. The resolution shall set forth	1847
the date on which the question shall be submitted to the electors,	1848
which shall be at a special election held on a date specified in	1849
the resolution, which shall not be earlier than seventy-five days	1850
after the adoption and certification of the resolution. A copy of	1851
the resolution shall immediately be certified to the board of	1852
elections of the proper county, which shall make arrangements for	1853
the submission of the proposal to the electors of the school	1854
district. The board of the joining district shall publish notice	1855
of the election in one or more newspapers of general circulation	1856
in the county once a week for fourtwo consecutive weeks. The	1857
question appearing on the ballot shall read:	1858

"Shall the territory within .......... (name of the school	1859
district proposing to join the county school financing district)	1860
.......... be added to .......... (name) .......... county school	1861
financing district, and a property tax for the purposes of	1862
......... (here insert purposes) .......... at a rate of taxation	1863
not exceeding .......... (here insert the outstanding tax rate)	1864
........... be in effect for .......... (here insert the number of	1865
years the tax is to be in effect or "a continuing period of time,"	1866
as applicable) ..........?"	1867

If the proposal is approved by a majority of the electors	1868
voting on it, the joinder shall take effect on the first day of	1869
July following the date of the election, and the county board of	1870
elections shall notify the county auditor of each county in which	1871
the school district joining its territory to the county school	1872
financing district is located.	1873

(D) The board of any city, local, or exempted village school	1874
district whose territory is part of a county school financing	1875
district may withdraw its territory from the county school	1876
financing district thirty days after submitting to the governing	1877
board that is the taxing authority of the district and the state	1878
board a resolution proclaiming such withdrawal, adopted by a	1879
majority vote of its members, but any county school financing	1880
district tax levied in such territory on the effective date of the	1881
withdrawal shall remain in effect in such territory until such tax	1882
expires or is renewed. No board may adopt a resolution withdrawing	1883
from a county school financing district that would take effect	1884
during the forty-five days preceding the date of an election at	1885
which a levy proposed under section 5705.215 of the Revised Code	1886
is to be voted upon.	1887

(E) A city, local, or exempted village school district does	1888
not lose its separate identity or legal existence by reason of	1889
joining its territory to a county school financing district under	1890
this section and an educational service center does not lose its	1891
separate identity or legal existence by reason of creating a	1892
county school financing district that accepts or loses territory	1893
under this section.	1894

Sec. 3311.73.  (A) No later than seventy-five days before the	1895
general election held in the first even-numbered year occurring at	1896
least four years after the date it assumed control of the	1897
municipal school district pursuant to division (B) of section	1898
3311.71 of the Revised Code, the board of education appointed	1899
under that division shall notify the board of elections of each	1900
county containing territory of the municipal school district of	1901
the referendum election required by division (B) of this section.	1902

(B) At the general election held in the first even-numbered	1903
year occurring at least four years after the date the new board	1904
assumed control of a municipal school district pursuant to	1905
division (B) of section 3311.71 of the Revised Code, the following	1906
question shall be submitted to the electors residing in the school	1907
district:	1908

"Shall the mayor of ..... (here insert the name of the	1909
applicable municipal corporation)..... continue to appoint the	1910
members of the board of education of the ..... (here insert the	1911
name of the municipal school district).....?"	1912

The board of elections of the county in which the majority of	1913
the school district's territory is located shall make all	1914
necessary arrangements for the submission of the question to the	1915
electors, and the election shall be conducted, canvassed, and	1916
certified in the same manner as regular elections in the district	1917
for the election of county officers, provided that in any such	1918
election in which only part of the electors of a precinct are	1919
qualified to vote, the board of elections may assign voters in	1920
such part to an adjoining precinct. Such an assignment may be made	1921
to an adjoining precinct in another county with the consent and	1922
approval of the board of elections of such other county. Notice of	1923
the election shall be published in a newspaper of general	1924
circulation in the school district once a week for threetwo	1925
consecutive weeks prior to the election stating the question on	1926
which the election is being held. The ballot shall be in the form	1927
prescribed by the secretary of state. Costs of submitting the	1928
question to the electors shall be charged to the municipal school	1929
district in accordance with section 3501.17 of the Revised Code.	1930

(C) If a majority of electors voting on the issue proposed in	1931
division (B) of this section approve the question, the mayor shall	1932
appoint a new board on the immediately following first day of July	1933
pursuant to division (F) of section 3311.71 of the Revised Code.	1934

(D) If a majority of electors voting on the issue proposed in	1935
division (B) of this section disapprove the question, a new	1936
seven-member board of education shall be elected at the next	1937
regular election occurring in November of an odd-numbered year. At	1938
such election, four members shall be elected for terms of four	1939
years and three members shall be elected for terms of two years.	1940
Thereafter, their successors shall be elected in the same manner	1941
and for the same terms as members of boards of education of a city	1942
school district. All members of the board of education of a	1943
municipal school district appointed pursuant to division (B) of	1944
section 3311.71 of the Revised Code shall continue to serve after	1945
the end of the terms to which they were appointed until their	1946
successors are qualified and assume office in accordance with	1947
section 3313.09 of the Revised Code.	1948

Sec. 3349.29.  An agreement made pursuant to sections 3349.27	1949
and 3349.28 of the Revised Code is not effective unless it has	1950
been approved by the legislative authority of the municipal	1951
corporation with which the municipal university is identified,	1952
upon such legislative authority's determination that such	1953
agreement will be beneficial to the municipal corporation, and	1954
also approved by the Ohio board of regents, and, if required by	1955
any applicable appropriation measure, by the state controlling	1956
board, and any payment from state tax moneys provided for in the	1957
agreement will be subject to appropriations made by the general	1958
assembly. If provision is to be made under such agreement for the	1959
transfer of, or grant of the right to use, all or a substantial	1960
part of the assets of the municipal university to the state	1961
university and assumption by the state university of educational	1962
functions of the municipal university, such agreement shall not	1963
become effective, under sections 3349.27 to 3349.30, inclusive, of	1964
the Revised Code until the electors of the municipal corporation	1965
have approved such transfer or grant.	1966

The legislative authority of the municipal corporation shall,	1967
by ordinance, submit the question to the electors at a general,	1968
primary, or a special election to be held on the date specified in	1969
said ordinance. Such ordinance shall be certified to the board of	1970
elections not later than on the forty-fifth day preceding the date	1971
of such election. Notice of such election shall be published in	1972
one or more newspapers of general circulation in the municipal	1973
corporation once a week for fourtwo consecutive weeks. The form	1974
of the ballot to be used at said election shall be substantially	1975
as follows, with such variations as may be appropriate to reflect	1976
the general nature of the transfer or grant of use of assets and	1977
the transfer of educational functions contemplated:	1978

"Shall assets of the municipal university known as	1979
.......................... be transferred to (make available for	1980
use by) a state university known as ...........................	1981
and the state university assume educational functions of the	1982
municipal university and provide higher education in (or in close	1983
proximity to) the city of .......................... to the	1984
residents of the city of ........................ and of the state	1985
of Ohio and such others as shall be admitted?"	1986

The favorable vote of a majority of those voting on the	1987
proposition constitutes such approval as is required by this	1988
section.	1989

Sec. 3354.12.  (A) Upon the request by resolution approved by	1990
the board of trustees of a community college district, and upon	1991
certification to the board of elections not less than seventy-five	1992
days prior to the election, the boards of elections of the county	1993
or counties comprising such district shall place upon the ballot	1994
in their respective counties the question of levying a tax on all	1995
the taxable property in the community college district outside the	1996
ten-mill limitation, for a specified period of years or for a	1997
continuing period of time, to provide funds for any one or more of	1998
the following purposes: the acquisition of sites, the erection,	1999
furnishing, and equipment of buildings, the acquisition,	2000
construction, or improvement of any property which the board of	2001
trustees of a community college district is authorized to acquire,	2002
construct, or improve and which has an estimated life of	2003
usefulness of five years or more as certified by the fiscal	2004
officer, and the payment of operating costs. Not more than two	2005
special elections shall be held in any one calendar year. Levies	2006
for a continuing period of time adopted under this section may be	2007
reduced in accordance with section 5705.261 of the Revised Code.	2008

If such proposal is to be or include the renewal of an	2009
existing levy at the expiration thereof, the ballot for such	2010
election shall state whether it is a renewal of a tax; a renewal	2011
of a stated number of mills and an increase of a stated number of	2012
mills, or a renewal of a part of an existing levy with a reduction	2013
of a stated number of mills; the year of the tax duplicate on	2014
which such renewal will first be made; and if earlier, the year of	2015
the tax duplicate on which such additional levy will first be	2016
made, which may include the tax duplicate for the current year	2017
unless the election is to be held after the first Tuesday after	2018
the first Monday in November of the current tax year. The ballot	2019
shall also state the period of years for such levy or that it is	2020
for a continuing period of time. If a levy for a continuing period	2021
of time provides for but is not limited to current expenses, the	2022
resolution of the board of trustees providing for the election on	2023
such levy shall apportion the annual rate of the levy between	2024
current expenses and the other purpose or purposes. Such	2025
apportionment need not be the same for each year of the levy, but	2026
the respective portions of the rate actually levied each year for	2027
current expenses and the other purpose or purposes shall be	2028
limited by such apportionment. The portion of the rate apportioned	2029
to the other purpose or purposes shall be reduced as provided in	2030
division (B) of this section.	2031

If a majority of the electors in such district voting on such	2032
question approve thereof, the county auditor or auditors of the	2033
county or counties comprising such district shall annually, for	2034
the applicable years, place such levy on the tax duplicate in such	2035
district, in an amount determined by the board of trustees, but	2036
not to exceed the amount set forth in the proposition approved by	2037
the electors.	2038

The boards of trustees of a community college district shall	2039
establish a special fund for all revenue derived from any tax	2040
levied pursuant to this section.	2041

The boards of elections of the county or counties comprising	2042
the district shall cause to be published in a newspaper of general	2043
circulation in each such county, an advertisement of the proposed	2044
tax levy question, once each week for threetwo weeks immediately	2045
preceding the election at which the question is to appear on the	2046
ballot.	2047

After the approval of such levy by vote the board of trustees	2048
of a community college district may anticipate a fraction of the	2049
proceeds of such levy and from time to time issue anticipation	2050
notes having such maturity or maturities that the aggregate	2051
principal amount of all such notes maturing in any calendar year	2052
shall not exceed seventy-five per cent of the anticipated proceeds	2053
from such levy for such year, and that no note shall mature later	2054
than the thirty-first day of December of the tenth calendar year	2055
following the calendar year in which such note is issued. Each	2056
issue of notes shall be sold as provided in Chapter 133. of the	2057
Revised Code.	2058

The amount of bonds or anticipatory notes authorized pursuant	2059
to Chapter 3354. of the Revised Code, may include sums to repay	2060
moneys previously borrowed, advanced, or granted and expended for	2061
the purposes of such bond or anticipatory note issues, whether	2062
such moneys were advanced from the available funds of the	2063
community college district or by other persons, and the community	2064
college district may restore and repay to such funds or persons	2065
from the proceeds of such issues the moneys so borrowed, advanced	2066
or granted.	2067

All operating costs of such community college may be paid out	2068
of any gift or grant from the state, pursuant to division (K) of	2069
section 3354.09 of the Revised Code; out of student fees and	2070
tuition collected pursuant to division (G) of section 3354.09 of	2071
the Revised Code; or out of unencumbered funds from any other	2072
source of the community college income not prohibited by law.	2073

(B) Prior to the application of section 319.301 of the	2074
Revised Code, the rate of a levy that is limited to, or to the	2075
extent that it is apportioned to, purposes other than current	2076
expenses shall be reduced in the same proportion in which the	2077
district's total valuation increases during the life of the levy	2078
because of additions to such valuation that have resulted from	2079
improvements added to the tax list and duplicate.	2080

Sec. 3355.09.  Upon receipt of a request from the university	2081
branch district managing authority, the boards of elections of the	2082
county or counties comprising such district shall place upon the	2083
ballot in the district at the next primary or general election	2084
occurring not less than seventy-five days after submission of such	2085
request by such managing authority, the question of levying a tax	2086
outside the ten-mill limitation, for a specified period of years,	2087
to provide funds for any of the following purposes:	2088

(A) Purchasing a site or enlargement thereof;

2089

(B) The erection and equipment of buildings;

2090

(C) Enlarging, improving, or rebuilding buildings;

2091

(D) The acquisition, construction, or improvement of any	2092
property which the university branch district managing authority	2093
is authorized to acquire, construct, or improve and which has been	2094
certified by the fiscal officer to have an estimated useful life	2095
of five or more years.	2096

If a majority of the electors in such district voting on such	2097
question approve, the county auditor of the county or counties	2098
comprising such district shall annually place such levy on the tax	2099
duplicate in such district, in the amount set forth in the	2100
proposition approved by the electors.	2101

The managing authority of the university branch district	2102
shall establish a special fund pursuant to section 3355.07 of the	2103
Revised Code for all revenue derived from any tax levied pursuant	2104
to provisions of this section.	2105

The boards of election of the county or counties comprising	2106
the district shall cause to be published in a newspaper of general	2107
circulation in each such county, an advertisement of the proposed	2108
tax levy question, once each week for threetwo weeks immediately	2109
preceding the election at which the question is to appear on the	2110
ballot.	2111

After the approval of such levy by vote the managing	2112
authority of the university branch district may anticipate a	2113
fraction of the proceeds of such levy and from time to time,	2114
during the life of such levy, issue anticipation notes in an	2115
amount not to exceed seventy-five per cent of the estimated	2116
proceeds of such levy to be collected in each year over a period	2117
of five years after the date of the issuance of such notes, less	2118
an amount equal to the proceeds of such levy previously obligated	2119
for such year by the issuance of anticipation notes, provided,	2120
that the total amount maturing in any one year shall not exceed	2121
seventy-five per cent of the anticipated proceeds of such levy for	2122
that year.	2123

Each issue of notes shall be sold as provided in Chapter 133.	2124
of the Revised Code and shall mature serially in substantially	2125
equal amounts, during each remaining year of the levy, not to	2126
exceed five, after their issuance.	2127

Sec. 3501.05.  The secretary of state shall do all of the	2128
following:	2129

(A) Appoint all members of boards of elections;

2130

(B) Issue instructions by directives and advisories to	2131
members of the boards as to the proper methods of conducting	2132
elections;. In addition to any other publication of those	2133
directives and advisories, the secretary of state shall publish	2134
those directives and advisories on a web site of the office of the	2135
secretary of state within twenty-four hours after they are issued.	2136
The secretary of state shall not remove from the web site any	2137
directives and advisories so posted. The secretary of state shall	2138
provide on that web site access to all directives and advisories	2139
currently in effect and to an archive of all directives and	2140
advisories previously published on that web site.	2141

(C) Prepare rules and instructions for the conduct of	2142
elections;	2143

(D) Publish and furnish to the boards from time to time a	2144
sufficient number of indexed copies of all election laws then in	2145
force;	2146

(E) Edit and issue all pamphlets concerning proposed laws or	2147
amendments required by law to be submitted to the voters;	2148

(F) Prescribe the form of registration cards, blanks, and	2149
records;	2150

(G) Determine and prescribe the forms of ballots and the	2151
forms of all blanks, cards of instructions, pollbooks, tally	2152
sheets, certificates of election, and forms and blanks required by	2153
law for use by candidates, committees, and boards;	2154

(H) Prepare the ballot title or statement to be placed on the	2155
ballot for any proposed law or amendment to the constitution to be	2156
submitted to the voters of the state;	2157

(I) Certify to the several boards the forms of ballots and	2158
names of candidates for state offices, and the form and wording of	2159
state referendum questions and issues, as they shall appear on the	2160
ballot;	2161

(J) Give final approval to ballot language for any local	2162
question or issue approved and transmitted by boards of elections	2163
under section 3501.11 of the Revised Code;	2164

(K) Receive all initiative and referendum petitions on state	2165
questions and issues and determine and certify to the sufficiency	2166
of those petitions;	2167

(L) Require such reports from the several boards as are	2168
provided by law, or as the secretary of state considers necessary;	2169

(M) Compel the observance by election officers in the several	2170
counties of the requirements of the election laws;	2171

(N)(1) Except as otherwise provided in division (N)(2) of	2172
this section, investigate the administration of election laws,	2173
frauds, and irregularities in elections in any county, and report	2174
violations of election laws to the attorney general or prosecuting	2175
attorney, or both, for prosecution;	2176

(2) On and after August 24, 1995, report a failure to comply	2177
with or a violation of a provision in sections 3517.08 to 3517.13,	2178
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the	2179
Revised Code, whenever the secretary of state has or should have	2180
knowledge of a failure to comply with or a violation of a	2181
provision in one of those sections, by filing a complaint with the	2182
Ohio elections commission under section 3517.153 of the Revised	2183
Code;	2184

(O) Make an annual report to the governor containing the	2185
results of elections, the cost of elections in the various	2186
counties, a tabulation of the votes in the several political	2187
subdivisions, and other information and recommendations relative	2188
to elections the secretary of state considers desirable;	2189

(P) Prescribe and distribute to boards of elections a list of	2190
instructions indicating all legal steps necessary to petition	2191
successfully for local option elections under sections 4301.32 to	2192
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;	2193

(Q) Prescribe a general programAdopt rules pursuant to	2194
Chapter 119. of the Revised Code to require each board of	2195
elections to remove ineligible voters from official registration	2196
lists by reason of change ofthe statewide voter registration	2197
database and, if already prepared for a particular election, from	2198
the poll list or signature pollbook used in each precinct, which	2199
rules shall provide for all of the following:	2200

(1) A process for the removal of voters who have changed	2201
residence, which shall be uniform, nondiscriminatory, and in	2202
compliance with the Voting Rights Act of 1965 and the National	2203
Voter Registration Act of 1993, including a program that uses the	2204
national change of address service provided by the United States	2205
postal system through its licensees;	2206

(2) A process for the removal of ineligible voters under	2207
section 3503.21 of the Revised Code;	2208

(3) A uniform system for marking or removing the name of an	2209
ineligible voter from the statewide voter registration database	2210
and, if already prepared for a particular election, from the poll	2211
list or signature pollbook used in each precinct and noting the	2212
reason for that mark or removal.	2213

(R) Prescribe a general program for registering voters or	2214
updating voter registration information, such as name andchanges,	2215
residence changes, or political party affiliations, at designated	2216
agencies, the offices of deputy registrars of motor vehicles,	2217
public high schools and vocational schools, public libraries, and	2218
the offices of county treasurers, and prescribe a program of	2219
distribution of voter registration forms through those agencies,	2220
the offices of the registrar and deputy registrars of motor	2221
vehicles, public high schools and vocational schools, public	2222
libraries, and the offices of county treasurers;	2223

(S) To the extent feasible, provide copies, at no cost and	2224
upon request, of the voter registration form in post offices in	2225
this state;	2226

(T) Adopt rules pursuant to section 111.15 of the Revised	2227
Code for the purpose of implementing the program for registering	2228
voters at designated agencies and the offices of the registrar and	2229
deputy registrars of motor vehicles consistent with this chapter;	2230

(U) Specify, by a directive issued not later than thirty-five	2231
days prior to the date of an election, the date by which the	2232
boards shall complete the canvass of election returns under	2233
section 3505.32 or 3513.22 of the Revised Code;	2234

(V) Establish the full-time position of Americans with	2235
Disabilities Act coordinator within the office of the secretary of	2236
state to do all of the following:	2237

(1) Assist the secretary of state with ensuring that there is	2238
equal access to polling places for persons with disabilities;	2239

(2) Assist the secretary of state with ensuring that each	2240
voter may cast the voter's ballot in a manner that provides the	2241
same opportunity for access and participation, including privacy	2242
and independence, as for other voters;	2243

(3) Advise the secretary of state in the development of	2244
standards for the certification of voting machines, marking	2245
devices, and automatic tabulating equipment.	2246

(W)(V) Establish a computerized statewide database of all	2247
legally registered voters under section 3503.15 of the Revised	2248
Code that complies with the requirements of the "Help America Vote	2249
Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666, and provide	2250
training in the operation of that system;	2251

(W) Ensure that scheduled conference calls with boards of	2252
elections to discuss the proper methods and procedures for	2253
conducting elections, to answer questions regarding elections, or	2254
to discuss the interpretation of directives, advisories, or other	2255
instructions issued by the secretary of state comply with section	2256
121.22 of the Revised Code. The secretary of state shall provide	2257
all of the following for all such conference calls:	2258

(1) A method for the public to listen to the conference call	2259
at the time the call is made;	2260

(2) The posting of a complete audio recording of the	2261
conference call on a web site of the office of the secretary of	2262
state within twenty-four hours after the completion of the call;	2263

(3) The posting of a complete transcript of the conference	2264
call on a web site of the office of the secretary of state within	2265
twenty-four hours after the completion of the call.	2266

(X) Adopt rules pursuant to Chapter 119. of the Revised Code	2267
to permit boards of elections to appoint judges of elections in	2268
such a manner that those judges may serve in split shifts on the	2269
day of an election;	2270

(Y) Publish a report on a web site of the office of the	2271
secretary of state not later than one month after the completion	2272
of the canvass of the election returns for each primary and	2273
general election, identifying, by county, the number of absent	2274
voter's ballots cast and the number of those ballots that were	2275
counted and the number of provisional ballots cast and the number	2276
of those ballots that were counted, for that election. The	2277
secretary of state shall maintain the information on the web site	2278
in an archive format for each subsequent election.	2279

(Z) Perform other duties required by law.

2280

Whenever a primary election is held under section 3513.32 of	2281
the Revised Code or a special election is held under section	2282
3521.03 of the Revised Code to fill a vacancy in the office of	2283
representative to congress, the secretary of state shall establish	2284
a deadline, notwithstanding any other deadline required under the	2285
Revised Code, by which any or all of the following shall occur:	2286
the filing of a declaration of candidacy and petitions or a	2287
statement of candidacy and nominating petition together with the	2288
applicable filing fee; the filing of protests against the	2289
candidacy of any person filing a declaration of candidacy or	2290
nominating petition; the filing of a declaration of intent to be a	2291
write-in candidate; the filing of campaign finance reports; the	2292
preparation of, and the making of corrections or challenges to,	2293
precinct voter registration lists; the receipt of applications for	2294
absent voter's ballots or armed service absent voter's ballots;	2295
the supplying of election materials to precincts by boards of	2296
elections; the holding of hearings by boards of elections to	2297
consider challenges to the right of a person to appear on a voter	2298
registration list; and the scheduling of programs to instruct or	2299
reinstruct election officers.	2300

In the performance of the secretary of state's duties as the	2301
chief election officer, the secretary of state may administer	2302
oaths, issue subpoenas, summon witnesses, compel the production of	2303
books, papers, records, and other evidence, and fix the time and	2304
place for hearing any matters relating to the administration and	2305
enforcement of the election laws.	2306

In any controversy involving or arising out of the adoption	2307
of registration or the appropriation of funds for registration,	2308
the secretary of state may, through the attorney general, bring an	2309
action in the name of the state in the court of common pleas of	2310
the county where the cause of action arose or in an adjoining	2311
county, to adjudicate the question.	2312

In any action involving the laws in Title XXXV of the Revised	2313
Code wherein the interpretation of those laws is in issue in such	2314
a manner that the result of the action will affect the lawful	2315
duties of the secretary of state or of any board of elections, the	2316
secretary of state may, on the secretary of state's motion, be	2317
made a party.	2318

The secretary of state may apply to any court that is hearing	2319
a case in which the secretary of state is a party, for a change of	2320
venue as a substantive right, and the change of venue shall be	2321
allowed, and the case removed to the court of common pleas of an	2322
adjoining county named in the application or, if there are cases	2323
pending in more than one jurisdiction that involve the same or	2324
similar issues, the court of common pleas of Franklin county.	2325

Public high schools and vocational schools, public libraries,	2326
and the office of a county treasurer shall implement voter	2327
registration programs as directed by the secretary of state	2328
pursuant to this section.	2329

Sec. 3501.11.  Each board of elections shall exercise by a	2330
majority vote all powers granted to the board by Title XXXV of the	2331
Revised Code, shall perform all the duties imposed by law, and	2332
shall do all of the following:	2333

(A) Establish, define, provide, rearrange, and combine	2334
election precincts;	2335

(B) Fix and provide the places for registration and for	2336
holding primaries and elections;	2337

(C) Provide for the purchase, preservation, and maintenance	2338
of booths, ballot boxes, books, maps, flags, blanks, cards of	2339
instructions, and other forms, papers, and equipment used in	2340
registration, nominations, and elections;	2341

(D) Appoint and remove its director, deputy director, and	2342
employees and all registrars, judges, and other officers of	2343
elections, fill vacancies, and designate the ward or district and	2344
precinct in which each shall serve;	2345

(E) Make and issue rules and instructions, not inconsistent	2346
with law or the rules, directives, or advisories issued by the	2347
secretary of state, as it considers necessary for the guidance of	2348
election officers and voters;	2349

(F) Advertise and contract for the printing of all ballots	2350
and other supplies used in registrations and elections;	2351

(G) Provide for the issuance of all notices, advertisements,	2352
and publications concerning elections, except as otherwise	2353
provided in division (G) of section 3501.17 of the Revised Code;	2354

(H) Provide for the delivery of ballots, pollbooks, and other	2355
required papers and material to the polling places;	2356

(I) Cause the polling places to be suitably provided with	2357
voting machines, marking devices, automatic tabulating equipment,	2358
stalls, and other required supplies;. In fulfilling this duty,	2359
each board of a county that uses voting machines, marking devices,	2360
or automatic tabulating equipment shall conduct a full vote of the	2361
board during a public session of the board on the allocation and	2362
distribution of voting machines, marking devices, and automatic	2363
tabulating equipment for each precinct in the county.	2364

(J) Investigate irregularities, nonperformance of duties, or	2365
violations of Title XXXV of the Revised Code by election officers	2366
and other persons; administer oaths, issue subpoenas, summon	2367
witnesses, and compel the production of books, papers, records,	2368
and other evidence in connection with any such investigation; and	2369
report the facts to the prosecuting attorney;	2370

(K) Review, examine, and certify the sufficiency and validity	2371
of petitions and nomination papers, and, after certification,	2372
return to the secretary of state all petitions and nomination	2373
papers that the secretary of state forwarded to the board;	2374

(L) Receive the returns of elections, canvass the returns,	2375
make abstracts of them, and transmit those abstracts to the proper	2376
authorities;	2377

(M) Issue certificates of election on forms to be prescribed	2378
by the secretary of state;	2379

(N) Make an annual report to the secretary of state, on the	2380
form prescribed by the secretary of state, containing a statement	2381
of the number of voters registered, elections held, votes cast,	2382
appropriations received, expenditures made, and other data	2383
required by the secretary of state;	2384

(O) Prepare and submit to the proper appropriating officer a	2385
budget estimating the cost of elections for the ensuing fiscal	2386
year;	2387

(P) Perform other duties as prescribed by law or the rules,	2388
directives, or advisories of the secretary of state;	2389

(Q) Investigate and determine the residence qualifications of	2390
electors;	2391

(R) Administer oaths in matters pertaining to the	2392
administration of the election laws;	2393

(S) Prepare and submit to the secretary of state, whenever	2394
the secretary of state requires, a report containing the names and	2395
residence addresses of all incumbent county, municipal, township,	2396
and board of education officials serving in their respective	2397
counties;	2398

(T) Establish and maintain a voter registration of all	2399
qualified electors in the county who offer to register;	2400

(U) Maintain voter registration records, make reports	2401
concerning voter registration as required by the secretary of	2402
state, and remove ineligible electors from voter registration	2403
lists in accordance with law and directives of the secretary of	2404
state;	2405

(V) At least annually, on a schedule and in a format	2406
prescribed by the secretary of state, submit to the secretary of	2407
state an accurate and current list of all registered voters in the	2408
county for the purpose of assisting the secretary of state to	2409
maintain a master list of registered voters pursuant to section	2410
3503.27 of the Revised Code;	2411

(W) Give approval to ballot language for any local question	2412
or issue and transmit the language to the secretary of state for	2413
the secretary of state's final approval;	2414

(X)(W) Prepare and cause the following notice to be displayed	2415
in a prominent location in every polling place:	2416

"NOTICE

2417

Ohio law prohibits any person from voting or attempting to	2418
vote more than once at the same election.	2419

Violators are guilty of a felony of the fourth degree and	2420
shall be imprisoned and additionally may be fined in accordance	2421
with law."	2422

(X) In all cases of a tie vote or a disagreement in the	2423
board, if no decision can be arrived at, the director or	2424
chairperson shall submit the matter in controversy, not later than	2425
fourteen days after the tie vote or the disagreement, to the	2426
secretary of state, who shall summarily decide the question, and	2427
the secretary of state's decision shall be final.	2428

(Y) Assist each designated agency, deputy registrar of motor	2429
vehicles, public high school and vocational school, public	2430
library, and office of a county treasurer in the implementation of	2431
a program for registering voters at all voter registration	2432
locations as prescribed by the secretary of state. Under this	2433
program, each board of elections shall direct to the appropriate	2434
board of elections any voter registration applications for persons	2435
residing outside the county where the board is located within five	2436
days after receiving the applications.	2437

(Z) On any day on which an elector may vote in person at the	2438
office of the board or at another site designated by the board,	2439
consider the board or other designated site shall be considered a	2440
polling place for that day, and all. All requirements or	2441
prohibitions of law that apply to a polling place shall apply to	2442
the office of the board or other designated site on that day.	2443

Sec. 3501.13. (A) The director of the board of elections	2444
shall keep a full and true record of the proceedings of the board	2445
and of all moneys received and expended; file and preserve in its	2446
the board's office all orders and records pertaining to the	2447
administration of registrations, primaries, and elections; receive	2448
and have the custody of all books, papers, and property belonging	2449
to the board; and shall perform such other duties in connection	2450
with histhe office of director and the proper conduct of	2451
elections as the board determines.	2452

(B) Before entering upon the duties of histhe office, the	2453
director shall subscribe to an oath that hethe director will	2454
support the constitutions of the United States and of this state,	2455
perform all the duties of the directoroffice to the best of his	2456
the director's ability, enforce the election laws, and preserve	2457
all records, documents, and other property pertaining to the	2458
conduct of elections placed in his custody.	2459

(C) The director may administer oaths to such persons as are	2460
required by law to file certificates or other papers with the	2461
board, to judges and clerks of elections, to witnesses who are	2462
called to testify before the board, and to voters filling out	2463
blanks at the board's offices. Except as otherwise provided by	2464
state or federal law, the records of the board and papers and	2465
books filed in its office are public records and open to	2466
inspection under such reasonable regulations as shall be	2467
established by the board. The following notice shall be posted in	2468
a prominent place at each board office:	2469

"Except as otherwise provided by state or federal law,	2470
records filed in this office of the board of elections are open to	2471
public inspection during normal office hours, pursuant to the	2472
following reasonable regulations: (the board shall here list its	2473
regulations). Whoever prohibits any person from inspecting the	2474
public records of this board is subject to the penalties of	2475
section 3599.161 of the Revised Code."	2476

(D) Upon receipt of a written declaration of intent to retire	2477
as provided for in section 145.38 of the Revised Code, the	2478
director shall provide a copy to each member of the board of	2479
elections.	2480

Sec. 3501.19.  (A) Except as otherwise provided in division	2481
(C) of this section, on the forty-fifth day before the day of each	2482
general election in an even-numbered year, the board of elections	2483
shall send by nonforwardable mail to each elector who is	2484
registered to vote in a precinct in which an election will be	2485
conducted a notice identifying both of the following:	2486

(1) The day of the election;

2487

(2) The location of the polling place for the precinct in	2488
which the elector is registered to vote.	2489

(B) If the notice sent under division (A) of this section is	2490
returned undelivered to the board, the board shall cause the	2491
elector's name in the official registration list and in the poll	2492
list or signature pollbook for that elector's precinct to be	2493
marked to indicate that the notice was returned to the board.	2494

At the first election at which an elector whose name has been	2495
so marked appears to vote, the elector shall be required to	2496
provide identification to the election officials and to vote by	2497
provisional ballot under section 3505.181 of the Revised Code. If	2498
the provisional ballot is counted pursuant to division (B)(3) of	2499
section 3505.183 of the Revised Code, the board shall correct that	2500
elector's registration, if needed, and shall remove the indication	2501
that the elector's notice was returned from that elector's name on	2502
the official registration list and on the poll list or signature	2503
pollbook.	2504

(C) No board of elections shall be required to mail a notice	2505
under division (A) of this section to any elector who registered	2506
to vote within thirty days prior to the date for mailing the	2507
notice under that division.	2508

Sec. 3501.24. Each board of elections may operate and	2509
maintain a web site at which any person in that county may enter	2510
the person's addresses and promptly receive notification of the	2511
person's correct precinct number and polling place, regardless of	2512
whether the person is listed on the statewide voter registration	2513
list as being registered to vote in that county.	2514

Sec. 3501.26.  When the polls are closed after a primary,	2515
general, or special election, the receiving officials shall, in	2516
the presence of the counting officials and attending witnesses	2517
observers, proceed as follows:	2518

(A) Count the number of electors who voted, as shown on the	2519
poll books.	2520

(B) Count the unused ballots without removing stubs.

2521

(C) Count the soiled and defaced ballots.

2522

(D) Insert the totals of divisions (A), (B), and (C) of this	2523
section on the report forms provided therefor in the poll books.	2524

(E) Count the voted ballots. If the number of voted ballots	2525
exceeds the number of voters whose names appear upon the poll	2526
books, the presiding judge shall enter on the poll books an	2527
explanation of such discrepancy, and such explanation, if agreed	2528
to, shall be subscribed to by all of the judges. Any judge having	2529
a different explanation shall enter it in the poll books and	2530
subscribe to it.	2531

(F) Put the unused ballots with stubs attached, and soiled	2532
and defaced ballots with stubs attached, in the envelopes or	2533
containers provided therefor, and certify the number.	2534

The receiving officials shall deliver to and place in the	2535
custody of the counting officials all the supplies provided for	2536
the conduct of such election and the ballots which are to be	2537
counted and tallied, and take a receipt for same, which receipt	2538
shall appear in and be a part of the poll books of such precinct.	2539
Having performed their duties, the receiving officials shall	2540
immediately depart.	2541

Having receipted for the ballots, the counting officials	2542
shall proceed to count and tally the vote as cast in the manner	2543
prescribed by section 3505.27 of the Revised Code and certify the	2544
result of the election to the board of elections.	2545

Sec. 3501.30. (A) The board of elections shall provide for	2546
each polling place the necessary ballot boxes, official ballots,	2547
cards of instructions, registration forms, pollbooks or poll	2548
lists, tally sheets, forms on which to make summary statements,	2549
writing implements, paper, and all other supplies necessary for	2550
casting and counting the ballots and recording the results of the	2551
voting at the polling place. The pollbooks or poll lists shall	2552
have certificates appropriately printed on them for the signatures	2553
of all the precinct officials, by which they shall certify that,	2554
to the best of their knowledge and belief, the pollbooks or poll	2555
lists correctly show the names of all electors who voted in the	2556
polling place at the election indicated in the pollbook or poll	2557
list.	2558

All of the following shall be included among the supplies	2559
provided to each polling place:	2560

(1) A large map of each appropriate precinct, which shall be	2561
displayed prominently to assist persons who desire to register or	2562
vote on election day. Each map shall show all streets within the	2563
precinct and contain identifying symbols of the precinct in bold	2564
print.	2565

(2) Any materials, postings, or instructions required to	2566
comply with state or federal laws;	2567

(3) A flag of the United States approximately two and	2568
one-half feet in length along the top, which shall be displayed	2569
outside the entrance to the polling place during the time it is	2570
open for voting;	2571

(4) Two or more small flags of the United States	2572
approximately fifteen inches in length along the top, which shall	2573
be placed at a distance of one hundred feet from the polling place	2574
on the thoroughfares or walkways leading to the polling place, to	2575
mark the distance within which persons other than election	2576
officials, witnesses, challengersobservers, police officers, and	2577
electors waiting to mark, marking, or casting their ballots shall	2578
not loiter, congregate, or engage in any kind of election	2579
campaigning. Where small flags cannot reasonably be placed one	2580
hundred feet from the polling place, the presiding election judge	2581
shall place the flags as near to one hundred feet from the	2582
entrance to the polling place as is physically possible. Police	2583
officers and all election officials shall see that this	2584
prohibition against loitering and congregating is enforced.	2585

When the period of time during which the polling place is	2586
open for voting expires, all of the flags described in this	2587
division shall be taken into the polling place, and shall be	2588
returned to the board together with all other election supplies	2589
required to be delivered to the board.	2590

(B) The board of elections shall follow the instructions and	2591
advisories of the secretary of state in the production and use of	2592
polling place supplies.	2593

Sec. 3501.33.  All judges of election shall enforce peace and	2594
good order in and about the place of registration or election.	2595
They shall especially keep the place of access of the electors to	2596
the polling place open and unobstructed and prevent and stop any	2597
improper practices or attempts tending to obstruct, intimidate, or	2598
interfere with any elector in registering or voting. They shall	2599
protect challengers and witnessesobservers against molestation	2600
and violence in the performance of their duties, and may eject	2601
from the polling place any such challenger or witnessobserver for	2602
violation of any provision of Title XXXV of the Revised Code. They	2603
shall prevent riots, violence, tumult, or the disorder. In the	2604
discharge of these duties they may call upon the sheriff, police,	2605
or other peace officers to aid them in enforcing the law. They may	2606
order the arrest of any person violating such title, but such	2607
arrest shall not prevent such person from registering or voting if	2608
hethe person is entitled to do so. The sheriff, all constables,	2609
police officers, and other officers of the peace shall immediately	2610
obey and aid in the enforcement of any lawful order made by the	2611
precinct election officials in the enforcement of such title.	2612

Sec. 3501.35. (A) During an election and the counting of the	2613
ballots, no person shall loiter ordo any of the following:	2614

(1) Loiter, congregate, or engage in any kind of election	2615
campaigning within the area between the polling place and the	2616
small flags of the United States placed on the thoroughfares and	2617
walkways leading to the polling place, and if the line of electors	2618
waiting to vote extends beyond those small flags, within ten feet	2619
of any elector in that line; in	2620

(2) In any manner hinder or delay an elector in reaching or	2621
leaving the place fixed for casting histhe elector's ballot;	2622
within such distance give,	2623

(3) Give, tender, or exhibit any ballot or ticket to any	2624
person other than histhe elector's own ballot to the judge of	2625
election within the area between the polling place and the small	2626
flags of the United States placed on the thoroughfares and	2627
walkways leading to the polling place, and if the line of electors	2628
waiting to vote extends beyond those small flags, within ten feet	2629
of any elector in that line; exhibit	2630

(4) Exhibit any ticket or ballot which hethe elector intends	2631
to cast; or solicit	2632

(5) Solicit or in any manner attempt to influence any elector	2633
in casting histhe elector's vote. No	2634

(B) Except as otherwise provided in division (C) of section	2635
3503.23 of the Revised Code, no person,who is not an election	2636
official, employee, witness, challengerobserver, or police	2637
officer, shall be allowed to enter the polling place during the	2638
election, except for the purpose of voting or assisting another	2639
person to vote, as provided in section 3505.24 of the Revised	2640
Code. No	2641

(C) No more electors shall be allowed to approach the voting	2642
shelves at any time than there are voting shelves provided. The	2643

(D) The judges of election and the police officer shall	2644
strictly enforce the observance of this section.	2645

Sec. 3501.38.  All declarations of candidacy, nominating	2646
petitions, or other petitions presented to or filed with the	2647
secretary of state or a board of elections or with any other	2648
public office for the purpose of becoming a candidate for any	2649
nomination or office or for the holding of an election on any	2650
issue shall, in addition to meeting the other specific	2651
requirements prescribed in the sections of the Revised Code	2652
relating to them, be governed by the following rules:	2653

(A) Only electors qualified to vote on the candidacy or issue	2654
which is the subject of the petition shall sign a petition. Each	2655
signer shall be a registered elector pursuant to section 3503.11	2656
of the Revised Code. The facts of qualification shall be	2657
determined as of the date when the petition is filed.	2658

(B) Signatures shall be affixed in ink. Each signer may also	2659
print the signer's name, so as to clearly identify the signer's	2660
signature.	2661

(C) Each signer shall place on the petition after the	2662
signer's name the date of signing and the location of the signer's	2663
voting residence, including the street and number if in a	2664
municipal corporation or the rural route number, post office	2665
address, or township if outside a municipal corporation. The	2666
voting address given on the petition shall be the address	2667
appearing in the registration records at the board of elections.	2668

(D) No person shall write any name other than the person's	2669
own on any petition. No person may authorize another to sign for	2670
the person. If a petition contains the signature of an elector two	2671
or more times, only the first signature shall be counted.	2672

(E)(1) On each petition paper, the circulator shall indicate	2673
the number of signatures contained on it, and shall sign a	2674
statement made under penalty of election falsification that the	2675
circulator witnessed the affixing of every signature, that all	2676
signers were to the best of the circulator's knowledge and belief	2677
qualified to sign, and that every signature is to the best of the	2678
circulator's knowledge and belief the signature of the person	2679
whose signature it purports to be. On the circulator's statement	2680
for a declaration of candidacy,or nominating petition, or	2681
declaration of intent to be a write-in candidate for a person	2682
seeking to become a statewide candidate or for a statewide	2683
initiative or a statewide referendum petition, the circulator	2684
shall identify the circulator's name and address and the name and	2685
address of the person employing the circulator to circulate the	2686
petition, if any.	2687

(2) As used in division (E) of this section, "statewide	2688
candidate" means the joint candidates for the offices of governor	2689
and lieutenant governor or a candidate for the office of secretary	2690
of state, auditor of state, treasurer of state, or attorney	2691
general.	2692

(F) If a circulator knowingly permits an unqualified person	2693
to sign a petition paper or permits a person to write a name other	2694
than the person's own on a petition paper, that petition paper is	2695
invalid; otherwise, the signature of a person not qualified to	2696
sign shall be rejected but shall not invalidate the other valid	2697
signatures on the paper.	2698

(G) The circulator of a petition may, before filing it in a	2699
public office, strike from it any signature the circulator does	2700
not wish to present as a part of the petition.	2701

(H) Any signer of a petition may remove the signer's	2702
signature from that petition at any time before the petition is	2703
filed in a public office by striking the signer's name from the	2704
petition; no signature may be removed after the petition is filed	2705
in any public office.	2706

(I)(1) No alterations, corrections, or additions may be made	2707
to a petition after it is filed in a public office.	2708

(2) No petition may be withdrawn after it is filed in a	2709
public office. Nothing in this division prohibits a person from	2710
withdrawing as a candidate as otherwise provided by law.	2711

(J) All declarations of candidacy, nominating petitions, or	2712
other petitions under this section shall be accompanied by the	2713
following statement in boldface capital letters: WHOEVER COMMITS	2714
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.	2715

(K) All separate petition papers shall be filed at the same	2716
time, as one instrument.	2717

(L) If a board of elections distributes for use a petition	2718
form for a declaration of candidacy, nominating petition,	2719
declaration of intent to be a write-in candidate, or any type of	2720
question or issue petition that does not satisfy the requirements	2721
of law as of the date of that distribution, the board shall not	2722
invalidate the petition on the basis that the petition form does	2723
not satisfy the requirements of law, if the petition otherwise is	2724
valid. Division (L) of this section applies only if the candidate	2725
received the petition from the board within ninety days of when	2726
the petition is required to be filed.	2727

Sec. 3501.39.  (A) The secretary of state or a board of	2728
elections shall accept any petition described in section 3501.38	2729
of the Revised Code unless one of the following occurs:	2730

(1) A written protest against the petition or candidacy,	2731
naming specific objections, is filed, a hearing is held, and a	2732
determination is made by the election officials with whom the	2733
protest is filed that the petition is invalid, in accordance with	2734
any section of the Revised Code providing a protest procedure.	2735

(2) A written protest against the petition or candidacy,	2736
naming specific objections, is filed, a hearing is held, and a	2737
determination is made by the election officials with whom the	2738
protest is filed that the petition violates any requirement	2739
established by law.	2740

(3) The candidate's candidacy or the petition violates the	2741
requirements of this chapter, Chapter 3513. of the Revised Code,	2742
or any other requirements established by law.	2743

(B) Except as otherwise provided in division (C) of this	2744
section or section 3513.052 of the Revised Code, a board of	2745
elections shall not invalidate any declaration of candidacy or	2746
nominating petition under division (A)(3) of this section after	2747
the fiftieth day prior to the election at which the candidate	2748
seeks nomination to office, if the candidate filed a declaration	2749
of candidacy, or election to office, if the candidate filed a	2750
nominating petition.	2751

(C)(1) If a petition is filed for the nomination or election	2752
of a candidate in a charter municipal corporation with a filing	2753
deadline that occurs after the seventy-fifth day before the day of	2754
the election, a board of elections may invalidate the petition	2755
within fifteen days after the date the petition is filed.	2756

(2) If a petition for the nomination or election of a	2757
candidate is invalidated under division (C)(1) of this section,	2758
that person's name shall not appear on the ballots for any office	2759
for which the person's petition has been invalidated. If the	2760
ballots have already been prepared, the board of elections shall	2761
remove the name of that person from the ballots to the extent	2762
practicable in the time remaining before the election. If the name	2763
is not removed from the ballots before the day of the election,	2764
the votes for that person are void and shall not be counted.	2765

Sec. 3501.90. (A) An elector has a cause of action for any	2766
violation of Chapter 3501. of the Revised Code against the person	2767
or organization that committed the violation. The elector may seek	2768
a declaratory judgment, an injunction, or other appropriate	2769
equitable relief.	2770

(B) If the violation is a violation of section 3501.33 or	2771
3501.35 of the Revised Code, the elector also is entitled to	2772
relief as follows:	2773

(1) If the violation in any way interfered with, obstructed,	2774
intimidated, or intentionally or recklessly threatened or caused	2775
bodily harm to the elector while the elector was attempting to	2776
register to vote, to obtain an absent voter's ballot, or to vote,	2777
the elector may recover three times the amount of the elector's	2778
actual damages or one thousand dollars, whichever amount is	2779
greater, in addition to attorney's fees and any other appropriate	2780
legal relief, either individually or in a class action under Rule	2781
23 of the Rules of Civil Procedure, as amended.	2782

(2) If the defendant in the action is an organization and has	2783
previously been determined by a court in this state to have	2784
violated section 3501.33 or 3501.35 of the Revised Code, then the	2785
elector may assert an additional claim for relief, either	2786
individually, or in a class action under Rule 23 of the Rules of	2787
Civil Procedure, as amended, against that organization, that may	2788
seek any of the following relief, upon proof of the elector's	2789
claim for relief by a preponderance of the evidence:	2790

(a) Divestiture of the organization's interest in any	2791
enterprise or in any real property;	2792

(b) Reasonable restrictions upon the future activities or	2793
investments of the organization including, but not limited to,	2794
prohibiting the organization from engaging in any conduct that	2795
violates any provision of Chapter 3501. of the Revised Code;	2796

(c) The dissolution or reorganization of the organization;

2797

(d) The suspension or revocation of any license, permit, or	2798
prior approval granted to the organization by any state agency;	2799

(e) The revocation of the organization's authorization to do	2800
business in this state if the organization is a foreign	2801
corporation.	2802

(C) It shall not be a defense to any action brought under	2803
this section to which division (B) of this section applies that no	2804
criminal prosecution was commenced or conviction obtained in	2805
connection with the conduct alleged to be the basis of the	2806
elector's cause of action.	2807

(D) In any action brought by an elector under this section to	2808
which division (B) of this section applies, the elector shall be	2809
entitled to name as defendants each person who has violated	2810
section 3501.33 or 3501.35 of the Revised Code, as well as any	2811
organization that employs, sponsors, or has agents any of those	2812
persons or that has organized a common scheme to cause such	2813
violations.	2814

Sec. 3503.06. (A) No person shall be entitled to vote at any	2815
election, or to sign or circulate any declaration of candidacy or	2816
any nominating, initiative, referendum, or recall petition, unless	2817
the person is registered as an elector and will have resided in	2818
the county and precinct where the person is registered for at	2819
least thirty days at the time of the next election.	2820

(B)(1) No person shall be entitled to circulate any	2821
initiative petition unless the person is a resident of this state.	2822

(2) No person shall be entitled to sign any initiative	2823
petition unless the person is registered as an elector and will	2824
have resided in the county and precinct where the person is	2825
registered for at least thirty days at the time of the next	2826
election.	2827

Sec. 3503.11.  When any person applies for a driver's	2828
license, commercial driver's license, a state of Ohio	2829
identification card issued under section 4507.50 of the Revised	2830
Code, or motorcycle operator's license or endorsement, or the	2831
renewal or duplicate of any license or endorsement under Chapter	2832
4506. or 4507. of the Revised Code, the registrar of motor	2833
vehicles or deputy registrar shall offer the applicant the	2834
opportunity to register to vote or to update his or herthe	2835
applicant's voter registration. The registrar of motor vehicles or	2836
deputy registrar also shall make available to all other customers	2837
voter registration applications orand change of residence or,	2838
change of name applications, and political party designation	2839
forms, but is not required to offer assistance to these customers	2840
in completing thea voter registration application or other form.	2841

The registrar or deputy registrar shall send any completed	2842
registration application or any completed change of residence and,	2843
change of name notice, or political party designation form to the	2844
board of elections of the county in which the office of the	2845
registrar or deputy registrar is located, within five days after	2846
accepting the application or noticeother form.	2847

The registrar shall collect from each deputy registrar	2848
through the reports filed under division (J) of section 4503.03 of	2849
the Revised Code and transmit to the secretary of state	2850
information on the number of voter registration applications and	2851
change of residence or, change of name notices, and political	2852
party designation forms completed or declined, and any additional	2853
information required by the secretary of state to comply with the	2854
National Voter Registration Act of 1993. No information relating	2855
to an applicant's decision to decline to register or update his or	2856
herthe applicant's voter registration at the office of the	2857
registrar or deputy registrar may be used for any purpose other	2858
than voter registration record keeping required by the secretary	2859
of state, and all such information shall be kept confidential.	2860

The secretary of state shall prescribe voter registration	2861
applications and change of residence and, change of name notices,	2862
and political party designation forms for use by the bureau of	2863
motor vehicles. The bureau of motor vehicles shall supply all of	2864
its deputy registrars with a sufficient number of voter	2865
registration applications and change of residence and, change of	2866
name notices, and political party designation forms.	2867

Sec. 3503.13. (A) Except as provided in division (C) of this	2868
section, registration forms shall consist of original and	2869
duplicate cards or loose-leaf pages as prescribed by the secretary	2870
of state. When such registration forms have been filled out and	2871
filed in the office of the board of elections, the original forms	2872
shall be filed together in one file and the duplicate forms shall	2873
be filed together in another file. Except as otherwise provided in	2874
division (D) of this section, the original forms shall be filed by	2875
precincts and shall constitute the precinct register for use in	2876
polling places on election day. The duplicate forms shall be filed	2877
alphabetically and shall constitute the permanent office record of	2878
the board. It shall not be removed from the office of the board	2879
except upon the order of a court.	2880

(B) Except as otherwise provided by state or federal law, the	2881
registration recordsforms submitted by applicants and the	2882
statewide voter registration database established under section	2883
3503.15 of the Revised Code shall be open to public inspection at	2884
all times when the office of the board of elections is open for	2885
business, under such regulations as the board adopts, provided	2886
that no person shall be permitted to inspect such recordsvoter	2887
registration forms except in the presence of an employee of the	2888
board.	2889

(C) The board of elections of a county that adopts or has	2890
adopted electronic data processing for the registration of	2891
qualified electors of the county may use a single registration	2892
form complying with the requirements of division (A) of this	2893
section. The information contained on the form may be duplicated	2894
on punch cards, magnetic tape, discs, diskettes, or such other	2895
media as are compatible with the data processing system adopted by	2896
the board and may constitute the permanent office record in lieu	2897
of the duplicate registration card.	2898

(D) Instead of using the original registration forms as the	2899
precinct register in the polling places on election day as	2900
provided in division (A) of this section, a	2901

(B) A board of elections that has adopted electronic data	2902
processing may use a legible digitized signature list of voter	2903
signatures, copied from the signatures on the registration forms	2904
in a form and manner prescribed by the secretary of state,	2905
provided that the board continues to record and maintain at the	2906
board office the information obtained from the form prescribed	2907
under section 3503.14includes the required voter registration	2908
information in the statewide voter registration database	2909
established under section 3503.15 of the Revised Code, and	2910
provided that the precinct election officials have computer	2911
printouts at the polls containing any necessary information	2912
specified by the secretary of state that would otherwise be	2913
available to them on the registration formsprepared in the manner	2914
required under section 3503.23 of the Revised Code.	2915

Sec. 3503.14.  (A) The secretary of state, by rule adopted	2916
pursuant to Chapter 119. of the Revised Code, shall prescribe the	2917
form and content of the registration and, change of residence and,	2918
change of name form, and political party designation forms used in	2919
this state. The formforms shall set forth the eligibility	2920
requirements needed to qualify as an elector and meet the	2921
requirements of the National Voter Registration Act of 1993 and	2922
shall include spaces for all of the following:	2923

(1) The voter's name;

2924

(2) The voter's address;

2925

(3) The current date;

2926

(4) The voter's date of birth;

2927

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

2928

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

2929

(b) The last four digits of the voter's social security	2930
number, if any;	2931

(c) A copy of a current and valid photo identification or a	2932
copy of a current utility bill, bank statement, government check,	2933
paycheck, or other government document that shows the voter's name	2934
and address.	2935

(6) The political party with which the voter desires to be	2936
affiliated.	2937

(7) The voter's signature. The

2938

The registration form shall include a space on which the	2939
person registering an applicant shall sign the person's name and	2940
provide the person's address and a space on which the person	2941
registering an applicant shall name the employer who is employing	2942
that person to register the applicant. No election official or	2943
employee of a designated agency who is	2944

(B) None of the following persons who are registering an	2945
applicant in the course of that official's or employee's normal	2946
duties shall be required to sign the election official's or	2947
employee'sperson's name, provide the person's address, or to name	2948
the employer who is employing the election official or employee	2949
person to register an applicant on a form prepared under this	2950
section:	2951

(1) An election official;

2952

(2) A county treasurer;

2953

(3) A deputy registrar of motor vehicles;

2954

(4) An employee of a designated agency;

2955

(5) An employee of a public high school;

2956

(6) An employee of a public vocational school;

2957

(7) An employee of a public library;

2958

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

2959

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

2960

(10) An employee of a deputy registrar of motor vehicles;

2961

(11) An employee of an election official.

2962

(B)(C) If an elector designates on a form prepared under this	2963
section a political party that is not recognized in this state in	2964
accordance with division (A) of section 3517.01 of the Revised	2965
Code or that is barred from the ballot under section 3517.07 of	2966
the Revised Code, that elector shall be registered as an	2967
unaffiliated elector until the elector designates a recognized	2968
political party pursuant to division (A) of section 3503.20 of the	2969
Revised Code.	2970

(D) Any applicant who is unable to sign the applicant's own	2971
name shall make an "X," if possible, which shall be certified by	2972
the signing of the name of the applicant by the person filling out	2973
the form, who shall add the person's own signature. If an	2974
applicant is unable to make an "X," the applicant shall indicate	2975
in some manner that the applicant desires to register to vote or,	2976
to change the applicant's name or residence, or to designate the	2977
applicant's political party affiliation. The person registering	2978
the applicant shall sign the form and attest that the applicant	2979
indicated that the applicant desired to register to vote or, to	2980
change the applicant's name or residence, or to designate the	2981
applicant's political party affiliation.	2982

(C)(E) No registration and change of residence and change of	2983
name form shall be rejected solely on the basis that a person	2984
registering an applicant failed to sign the person's name, failed	2985
to provide the person's address, or failed to name the employer	2986
who is employing that person to register the applicant as required	2987
under division (A) of this section.	2988

(D)(F) As used in this section, "registering an applicant"	2989
includes any effort, for compensation, to provide voter	2990
registration forms or to assist persons in completing or returning	2991
those forms or returning them to the board of elections, the	2992
office of the secretary of state, or another appropriate public	2993
office.	2994

Sec. 3503.15.  (A) The secretary of state shall establish and	2995
maintain a statewide voter registration database that shall be	2996
continuously available to each board of elections and to other	2997
agencies as authorized by law.	2998

(B) The statewide voter registration database established	2999
under this section shall be the official list of registered voters	3000
for all elections conducted in this state.	3001

(C) The statewide voter registration database established	3002
under division (A) of this section shall, at a minimum, include	3003
all of the following:	3004

(1) An electronic network that connects all board of election	3005
offices with the office of the secretary of state and with the	3006
offices of all other boards of elections;	3007

(2) A computer program that harmonizes the records contained	3008
in the database with records maintained by each county board of	3009
elections;	3010

(3) An interactive computer program that allows access to the	3011
records contained in the database by each board of elections and	3012
by any persons authorized by the secretary of state to add,	3013
delete, modify, or print database records, and to conduct updates	3014
of the database;	3015

(4) A search program capable of verifying registered voters	3016
and their registration information by name, driver's license	3017
number, birth date, social security number, or current address;	3018

(5) Safeguards and components to ensure that the integrity,	3019
security, and confidentiality of the voter registration	3020
information is maintained.	3021

(D) The secretary of state shall adopt rules pursuant to	3022
Chapter 119. of the Revised Code doing all of the following:	3023

(1) Specifying the manner in which existing voter	3024
registration records maintained by boards of elections shall be	3025
converted to electronic files for inclusion in the statewide voter	3026
registration database;	3027

(2) Establishing a uniform method for entering voter	3028
registration records into the statewide voter registration	3029
database on an expedited basis, but not less than once per day, if	3030
new registration information is received;	3031

(3) Establishing a uniform method for purging canceled voter	3032
registration records from the statewide voter registration	3033
database in accordance with section 3503.21 of the Revised Code;	3034

(4) Specifying the persons authorized to add, delete, modify,	3035
or print records contained in the statewide voter registration	3036
database and to make updates of that database.	3037

(E) A board of elections promptly shall purge a voter's name	3038
and voter registration information from the voter registration	3039
database in accordance with the rules adopted by the secretary of	3040
state under division (D)(3) of this section after the cancellation	3041
of a voter's registration under section 3503.21 of the Revised	3042
Code.	3043

(F) The secretary of state shall provide training in the	3044
operation of the statewide voter registration database established	3045
under this section to each board of elections and to any persons	3046
authorized by the secretary of state to add, delete, modify, or	3047
print database records, and to conduct updates of the database.	3048

Sec. 3503.16.  (A) Whenever a registered elector changes the	3049
place of residence of that registered elector from one precinct to	3050
another within a county or from one county to another, or has a	3051
change of name, that registered elector shall report the change by	3052
delivering a change of residence or change of name form, whichever	3053
is appropriate, as prescribed by the secretary of state under	3054
section 3503.14 of the Revised Code to the state or local office	3055
of a designated agency, a public high school or vocational school,	3056
a public library, the office of the county treasurer, the office	3057
of the secretary of state, any office of the registrar or deputy	3058
registrar of motor vehicles, or any office of a board of elections	3059
in person or by a third person. Any voter registration, change of	3060
address, or change of name application, returned by mail, may be	3061
sent only to the secretary of state or the board of elections.	3062

A registered elector also may update the registration of that	3063
registered elector by filing a change of residence or change of	3064
name form on the day of a special, primary, or general election at	3065
the polling place in the precinct in which that registered elector	3066
resides or at the board of elections or at another site designated	3067
by the board.	3068

(B)(1) Any registered elector who moves within a precinct or	3069
changes the name of that registered elector and remains within a	3070
precinct on or prior to the day of a general, primary, or special	3071
election and has not filed a notice of change of residence or	3072
change of name, whichever is appropriate, with the board of	3073
elections may vote in that election by going to that registered	3074
elector's assigned polling place, completing and signing a notice	3075
of change of residence or change of name, whichever is	3076
appropriate, and casting a provisional ballot under section	3077
3505.181 of the Revised Code.	3078

(2) Any registered elector who moves from one precinct to	3079
another within a county or moves from one precinct to another and	3080
changes the name of that registered elector on or prior to the day	3081
of a general, primary, or special election and has not filed a	3082
notice of change of residence or change of name, whichever is	3083
appropriate, with the board of elections may vote in that election	3084
if that registered elector complies with division (G) of this	3085
section or does all of the following:	3086

(a) Appears at anytime during regular business hours on or	3087
after the twenty-eighth day prior to the election in which that	3088
registered elector wishes to vote, or if the election is held on	3089
the day of a presidential primary election, the twenty-fifth day	3090
prior to the election, through noon of the Saturday prior to the	3091
election or during regular business hours on the Monday prior to	3092
the election at the office of the board of elections, or appears	3093
on the day of the election at either of the following locations:	3094

(i) The polling place in the precinct in which that	3095
registered elector resides;	3096

(ii) The location designated by the board of elections, which	3097
shall be the office of the board or another appropriate site	3098
designated by the board in the county in which that registered	3099
elector resides.	3100

(b) Completes and signs, under penalty of election	3101
falsification, a notice of change of residence or change of name,	3102
whichever is appropriate, and files it with election officials at	3103
the polling place, at the office of the board of elections, or at	3104
the site designated by the board, whichever is appropriate;	3105

(c) Votes a provisional ballot under section 3505.181 of the	3106
Revised Code at the polling place, at the office of the board of	3107
elections, or at the site designated by the board, whichever is	3108
appropriate, by absent voter's ballots using the address to which	3109
that registered elector has moved or the name of that registered	3110
elector as changed, whichever is appropriate;	3111

(d) Completes and signs, under penalty of election	3112
falsification, a statement attesting that that registered elector	3113
moved or had a change of name, whichever is appropriate, on or	3114
prior to the day of the election, has voted a provisional ballot	3115
at the polling place in the precinct in which that registered	3116
elector resides, at the office of the board of elections, or at	3117
the site designated by the board, whichever is appropriate, and	3118
will not vote or attempt to vote at any other location for that	3119
particular election. The statement required under division	3120
(B)(2)(d) of this section mayshall be included on the notice of	3121
change of residence or change of name, whichever is appropriate,	3122
required under division (B)(2)(b) of this section.	3123

(C) Any registered elector who moves from one county to	3124
another county within the state on or prior to the day of a	3125
general, primary, or special election and has not registered to	3126
vote in the county to which that registered elector moved may vote	3127
in that election if that registered elector complies with division	3128
(G) of this section or does all of the following:	3129

(1) Appears at any time during regular business hours on or	3130
after the twenty-eighth day prior to the election in which that	3131
registered elector wishes to vote, or if the election is held on	3132
the day of a presidential primary election, the twenty-fifth day	3133
prior to the election, through noon of the Saturday prior to the	3134
election or during regular business hours on the Monday prior to	3135
the election at the office of the board of elections, or appears	3136
on the day of the election at the location designated by the board	3137
of elections, which shall be either the office of the board or	3138
another appropriate site designated by the board in the county in	3139
which that registered elector resides;	3140

(2) Completes and signs, under penalty of election	3141
falsification, a notice of change of residence and files it with	3142
election officials at the board or at the site designated by the	3143
board, whichever is appropriate;	3144

(3) Votes a provisional ballot under section 3505.181 of the	3145
Revised Code at the office of the board of elections or at a site	3146
designated by the board by absent voter's ballots using the	3147
address to which that registered elector has moved;	3148

(4) Completes and signs, under penalty of election	3149
falsification, a statement attesting that that registered elector	3150
has moved from one county to another county within the state on or	3151
prior to the day of the election, has voted at the office of the	3152
board of elections or at the site designated by the board,	3153
whichever is appropriate, and will not vote or attempt to vote at	3154
any other location for that particular election. The statement	3155
required under division (C)(4) of this section mayshall be	3156
included on the notice of change of residence required under	3157
division (C)(2) of this section.	3158

(D) A person who votes by absent voter's ballots pursuant to	3159
division (B), (C), or (G) of this section shall not make written	3160
application for the ballots pursuant to Chapter 3509. of the	3161
Revised Code. Ballots cast pursuant to division (B), (C), or (G)	3162
of this section shall be set aside in a special envelope and	3163
counted during the official canvass of votes in the manner	3164
provided for in sections 3505.32 and 3509.06 of the Revised Code	3165
insofar as that manner is applicable. The board shall examine the	3166
pollbooks to verify that no ballot was cast at the polls or by	3167
absent voter's ballots under Chapter 3509. or 3511. of the Revised	3168
Code by an elector who has voted by absent voter's ballots	3169
pursuant to division (B), (C), or (G) of this section. Any ballot	3170
determined to be insufficient for any of the reasons stated above	3171
or stated in section 3509.07 of the Revised Code shall not be	3172
counted.	3173

A board of elections may lease or otherwise acquire a site	3174
different from the office of the board at which registered	3175
electors may vote pursuant to division (B) or (C) of this section.	3176

(E) Upon receiving a change of residence or change of name	3177
form, the board of elections shall immediately send the registrant	3178
an acknowledgment notice. If the change of residence or change of	3179
name form is valid, the board shall update the voter's	3180
registration as appropriate. If that form is incomplete, the board	3181
shall inform the registrant in the acknowledgment notice specified	3182
in this division of the information necessary to complete or	3183
update that registrant's registration.	3184

(F) Change of residence and change of name forms shall be	3185
available at each polling place, and when these forms are	3186
completed, noting changes of residence or name, as appropriate,	3187
they shall be filed with election officials at the polling place.	3188
Election officials shall return completed forms, together with the	3189
pollbooks and tally sheets, to the board of elections.	3190

The board of elections shall provide change of residence and	3191
change of name forms to the probate court and court of common	3192
pleas. The court shall provide the forms to any person eighteen	3193
years of age or older who has a change of name by order of the	3194
court or who applies for a marriage license. The court shall	3195
forward all completed forms to the board of elections within five	3196
days after receiving them.	3197

(G) A registered elector who otherwise would qualify to vote	3198
under division (B) or (C) of this section but is unable to appear	3199
at the office of the board or other location designated by the	3200
board on account of personal illness, physical disability, or	3201
infirmity, may vote on the day of the election if that registered	3202
elector does all of the following:	3203

(1) Makes a written application that includes all of the	3204
information required under section 3509.03 of the Revised Code to	3205
the appropriate board for an absent voter's ballot on or after the	3206
twenty-seventh day prior to the election in which the registered	3207
elector wishes to vote through noon of the Saturday prior to that	3208
election and requests that the absent voter's ballot be sent to	3209
the address to which the registered elector has moved if the	3210
registered elector has moved, or to the address of that registered	3211
elector who has not moved but has had a change of name;	3212

(2) Declares that the registered elector has moved or had a	3213
change of name, whichever is appropriate, and otherwise is	3214
qualified to vote under the circumstances described in division	3215
(B) or (C) of this section, whichever is appropriate, but that the	3216
registered elector is unable to appear at the board or other	3217
location designated by the board because of personal illness,	3218
physical disability, or infirmity;	3219

(3) Completes and returns along with the completed absent	3220
voter's ballot a notice of change of residence indicating the	3221
address to which the registered elector has moved, or a notice of	3222
change of name, whichever is appropriate;	3223

(4) Completes and signs, under penalty of election	3224
falsification, a statement attesting that the registered elector	3225
has moved or had a change of name on or prior to the day before	3226
the election, has voted by absent voter's ballot because of	3227
personal illness, physical disability, or infirmity that prevented	3228
the registered elector from appearing at the board or other	3229
location designated by the board, and will not vote or attempt to	3230
vote at any other location or by absent voter's ballot mailed to	3231
any other location or address for that particular election.	3232

Sec. 3503.19.  (A) Persons qualified to register or to change	3233
their registration because of a change of address or, change of	3234
name, or desire to designate a political party affiliation may	3235
register or change their registration in person at any state or	3236
local office of a designated agency, at the office of the	3237
registrar or any deputy registrar of motor vehicles, at a public	3238
high school or vocational school, at a public library, at the	3239
office of a county treasurer, or at a branch office established by	3240
the board of elections, or in person, through another person, or	3241
by mail at the office of the secretary of state or at the office	3242
of a board of elections. A registered elector may also change the	3243
elector's registration on election day at any polling place where	3244
the elector is eligible to vote, on election dayin the manner	3245
provided under section 3503.16 of the Revised Code.	3246

Any state or local office of a designated agency, the office	3247
of the registrar or any deputy registrar of motor vehicles, a	3248
public high school or vocational school, a public library, or the	3249
office of a county treasurer shall transmit any voter registration	3250
application or change of registration form that it receives to the	3251
board of elections of the county in which the state or local	3252
office is located, within five days after receiving the voter	3253
registration application or change of registration form.	3254

An otherwise valid voter registration application that is	3255
returned to the appropriate office other than by mail must be	3256
received by a state or local office of a designated agency, the	3257
office of the registrar or any deputy registrar of motor vehicles,	3258
a public high school or vocational school, a public library, the	3259
office of a county treasurer, the office of the secretary of	3260
state, or the office of a board of elections no later than the	3261
thirtieth day preceding a primary, special, or general election	3262
for the person to qualify as an elector eligible to vote at that	3263
election. An otherwise valid registration application received	3264
after that day entitles the elector to vote at all subsequent	3265
elections.	3266

Any state or local office of a designated agency, the office	3267
of the registrar or any deputy registrar of motor vehicles, a	3268
public high school or vocational school, a public library, or the	3269
office of a county treasurer shall date stamp a registration	3270
application or change of name or, change of address, or political	3271
party designation form it receives using a date stamp that does	3272
not disclose the identity of the state or local office that	3273
receives the registration.	3274

Voter registration applications, if otherwise valid, that are	3275
returned by mail to the office of the secretary of state or to the	3276
office of a board of elections must be postmarked no later than	3277
the thirtieth day preceding a primary, special, or general	3278
election in order for the person to qualify as an elector eligible	3279
to vote at that election. If an otherwise valid voter registration	3280
application that is returned by mail does not bear a postmark or a	3281
legible postmark, the registration shall be valid for that	3282
election if received by the office of the secretary of state or	3283
the office of a board of elections no later than twenty-five days	3284
preceding any special, primary, or general election.	3285

(B)(1) Any person may apply in person, by telephone, by mail,	3286
or through another person for voter registration forms to the	3287
office of the secretary of state or the office of a board of	3288
elections. Completed	3289

(2)(a) An applicant may return the applicant's completed	3290
registration forms may be returnedform in person or through	3291
another personor by mail to any state or local office of a	3292
designated agency, to a public high school or vocational school,	3293
to a public library, or to the office of a county treasurer, or in	3294
person, through another person, or by mail to the office of the	3295
secretary of state, or to the office of a board of elections.	3296

(b) Subject to division (C)(2) of section 3599.11 of the	3297
Revised Code, an applicant may return the applicant's completed	3298
registration form through another person to the board of elections	3299
of the county in which the applicant is seeking to vote or to an	3300
office of a designated agency in that county.	3301

(C)(1) A board of elections that receives a voter	3302
registration application and is satisfied as to the truth of the	3303
statements made in the registration form shall register the	3304
applicant andnot later than fifteen business days after receiving	3305
the application, unless that application is received during the	3306
thirty days immediately preceding the day of an election. The	3307
board shall promptly notify the applicant of the applicant's	3308
registration and the precinct in which the applicant is to vote.	3309
The notification shall be by nonforwardable mail, and if. If the	3310
mail is returned to the board, it shall investigate and cause the	3311
notification to be delivered to the correct address; or if it	3312
determines that the voter is not eligible to vote for residency	3313
reasons it shall cancel the registration and notify the	3314
registrant, at the last known address, of a need to reregister. If	3315
the board does not accept the application for registration, it	3316
shall immediately notify the applicant of the reasons for	3317
rejecting the application and request the applicant to provide	3318
whatever information or verification is necessary to complete the	3319
application.	3320

(2) If, after investigating as required under division (C)(1)	3321
of this section, the board is unable to verify the voter's correct	3322
address, it shall cause the voter's name in the official	3323
registration list and in the poll list or signature pollbook to be	3324
marked to indicate that the voter's notification was returned to	3325
the board.	3326

At the first election at which a voter whose name has been so	3327
marked appears to vote, the voter shall be required to provide	3328
identification to the election officials and to vote by	3329
provisional ballot under section 3505.181 of the Revised Code. If	3330
the provisional ballot is counted pursuant to division (B)(3) of	3331
section 3505.183 of the Revised Code, the board shall correct that	3332
voter's registration, if needed, and shall remove the indication	3333
that the voter's notification was returned from that voter's name	3334
on the official registration list and on the poll list or	3335
signature pollbook. If the provisional ballot is not counted	3336
pursuant to division (B)(4) of section 3505.183 of the Revised	3337
Code, the voter's registration shall be canceled.	3338

(3) If a notice of the disposition of an otherwise valid mail	3339
registration application is sent by nonforwardable mail and is	3340
returned undelivered, the person shall be registered as provided	3341
in division (C)(2) of this section and sent a confirmation notice	3342
by forwardable mail. If the person fails to respond to the	3343
confirmation notice, update the person's registration, or vote by	3344
provisional ballot as provided in division (C)(2) of this section	3345
in any election during the period of two federal elections	3346
subsequent to the mailing of the confirmation notice, the person's	3347
registration shall be canceled.	3348

Sec. 3503.20.  (A) Whenever a registered elector desires to	3349
designate a political party affiliation or to change the political	3350
party with which the elector is affiliated, that registered	3351
elector may designate the political party with which the elector	3352
desires to be affiliated by delivering a political party	3353
designation form, as prescribed by the secretary of state under	3354
section 3503.14 of the Revised Code, in person at any state or	3355
local office of a designated agency, at the office of the	3356
registrar or any deputy registrar of motor vehicles, at a public	3357
high school or vocational school, at a public library, at the	3358
office of a county treasurer, or at a branch office established by	3359
the board of elections of the county in which the elector is	3360
registered to vote, or in person, through another person, or by	3361
mail at the office of the secretary of state or at the office of	3362
the board of elections of the county in which the elector is	3363
registered to vote.	3364

A registered elector also may designate the elector's	3365
political party affiliation at any polling place where the elector	3366
is registered to vote, on the day of an election.	3367

(B) If a registered elector designates a political party with	3368
which the elector desires to be affiliated under division (A) of	3369
this section that is not recognized in this state in accordance	3370
with division (A) of section 3517.01 of the Revised Code or that	3371
is barred from the ballot under section 3517.07 of the Revised	3372
Code, that elector shall be registered as an unaffiliated elector	3373
until the elector designates a recognized political party pursuant	3374
to division (A) of this section.	3375

Sec. 3503.21.  (A) The registration of a registered elector	3376
shall be canceled upon the occurrence of any of the following:	3377

(1) The filing by a registered elector of a written request	3378
with a board of elections, on a form prescribed by the secretary	3379
of state and signed by the elector, that histhe registration be	3380
canceled. The filing of such a request does not prohibit an	3381
otherwise qualified elector from reregistering to vote at any	3382
time.	3383

(2) The filing of a notice of the death of the registered	3384
elector as provided in section 3503.18 of the Revised Code;	3385

(3) The conviction of the registered elector of a felony	3386
under the laws of this state, any other state, or the United	3387
States as provided in section 2961.01 of the Revised Code;	3388

(4) The adjudication of incompetency of the registered	3389
elector for the purpose of voting as provided in section 5122.301	3390
of the Revised Code;	3391

(5) The change of residence of the registered elector to a	3392
location outside the county of registration in accordance with	3393
division (B) of this section;	3394

(6) The failure of the registered elector, after he has	3395
having been mailed a confirmation notice, to do either of the	3396
following:	3397

(a) Respond to such a notice and vote at least once during a	3398
period of four consecutive years, which period shall include two	3399
general federal elections;	3400

(b) Update histhe elector's registration and vote at least	3401
once during a period of four consecutive years, which period shall	3402
include two general federal elections.	3403

(B)(1) The secretary of state shall prescribe procedures to	3404
identify and cancel the registration in a prior county of	3405
residence of any registrant who changes histhe registrant's	3406
voting residence to a location outside histhe registrant's	3407
current county of registration. Any procedures prescribed in this	3408
division shall be uniform and nondiscriminatory, and shall comply	3409
with the Voting Rights Act of 1965. The secretary of state may	3410
prescribe procedures under this division that include the use of	3411
the national change of address service provided by the United	3412
States postal system through its licensees. Any program so	3413
prescribed shall be completed not later than ninety days prior to	3414
the date of any primary or general election for federal office.	3415

(2) The registration of any elector identified as having	3416
changed histhe elector's voting residence to a location outside	3417
histhe elector's current county of registration shall not be	3418
canceled unless the registrant is sent a confirmation notice on a	3419
form prescribed by the secretary of state and the registrant fails	3420
to respond to the confirmation notice or otherwise update histhe	3421
registration and fails to vote in any election during the period	3422
of two federal elections subsequent to the mailing of the	3423
confirmation notice.	3424

(C) The registration of a registered elector shall not be	3425
canceled except as provided in this section, division (Q) of	3426
section 3501.05 of the Revised Code, division (C)(2) of section	3427
3503.19 of the Revised Code, or division (C) of section 3503.24 of	3428
the Revised Code.	3429

(D) Boards of elections shall send their voter registration	3430
listsinformation to the secretary of state semiannuallyas	3431
required under section 3503.15 of the Revised Code. In the first	3432
quarter of each odd-numbered year, the secretary of state shall	3433
send the information contained in these lists to the national	3434
change of address service described in division (B) of this	3435
section and request that service to provide the secretary of state	3436
with a list of any voters on the lists sent by the secretary of	3437
state who have moved within the last thirty-six months. The	3438
secretary of state shall transmit to each appropriate board of	3439
elections whatever lists hethe secretary of state receives from	3440
that service. The board shall send a notice to each person on the	3441
list transmitted by the secretary of state requesting confirmation	3442
of the person's change of address, together with a postage	3443
prepaid, preaddressed return envelope containing a form on which	3444
the voter may verify or correct the change of address information.	3445

(E) The registration of a registered elector described in	3446
division (A)(6) or (B)(2) of this section shall be canceled not	3447
later than one hundred twenty days after the date of the second	3448
general federal election in which the elector fails to vote or not	3449
later than one hundred twenty days after the expiration of the	3450
four-year period in which the elector fails to vote or respond to	3451
a confirmation notice, whichever is later.	3452

Sec. 3503.23.  (A) At least fifteenFourteen days before an	3453
election the board of elections shall cause to be prepared from	3454
the registration cardsstatewide voter registration database	3455
established under section 3503.15 of the Revised Code a complete	3456
and official registration list for each precinct, containing the	3457
names, addresses, and political party whose ballot the elector	3458
voted in the most recent primary election within the current year	3459
and the immediately preceding two calendar years, and political	3460
party the elector has designated on the elector's registration	3461
form or political party designation form, of all qualified	3462
registered voters in the precinct. All the names, insofar as	3463
practicable, shall be arranged either in alphabetical order, or in	3464
geographical order according to streets in the precincts. All the	3465
The lists shallmay be prepared either in sheet form and on one	3466
side of the paper or in electronic form, at the discretion of the	3467
board. Each precinct list shall be headed "Register of Voters,"	3468
and under the heading shall be indicated the district or ward and	3469
precinct followed by the statement:	3470

"Any voter of the county on or before the seventh day prior	3471
to the election may file with the board of elections at the	3472
board's offices located at ................. objections to the	3473
registration of any person on this list who, he has reason to	3474
believe, is not eligible to vote, or a request for the addition to	3475
the list of registered voters whose names have been omitted or who	3476
have been erroneously dropped from the registration list of the	3477
precinct.".	3478

Appended to each precinct list shall be attached the names of	3479
the members of the board and the name of the director. A	3480
sufficient number of such lists mayshall be provided for	3481
distribution to the candidates, political parties, or organized	3482
groups that apply for them. The board shall have each precinct	3483
list available at the board for viewing by the public during	3484
normal business hours. The board shall ensure that, by the opening	3485
of the polls on the day of a general or primary election, each	3486
precinct has a paper copy of the registration list of voters in	3487
that precinct.	3488

(B) On the day of a general or primary election, precinct	3489
election officials shall do both of the following:	3490

(1) By the time the polls open, conspicuously post and	3491
display at the polling place one copy of the registration list of	3492
voters in that precinct in an area of the polling place that is	3493
easily accessible, but apart from any areas where voters will be	3494
casting their ballots or waiting in line to vote;	3495

(2) At 11 a.m. and 4 p.m. place a mark, on the official	3496
registration list posted at the polling place, before the name of	3497
those registered voters who have voted.	3498

(C) Notwithstanding division (B) of section 3501.35 of the	3499
Revised Code, any person may enter the polling place for the sole	3500
purpose of reviewing the official registration list posted in	3501
accordance with division (B) of this section.	3502

(D) All persons whose names appear on the official	3503
registration list for a precinct shall be permitted to cast a	3504
ballot in the manner provided by law at the polling place for the	3505
precinct in which they are registered.	3506

Sec. 3503.24. (A) Application for the correction of any	3507
precinct registration list or a challenge of the right to vote of	3508
any registered elector may be made by any qualified elector of the	3509
county at the office of the board of elections not later than	3510
eleventwenty days prior to the election. The applications or	3511
challenges, with the reasons for the application or challenge,	3512
shall be filed with the board on a form prescribed by the	3513
secretary of state and shall be signed under penalty of election	3514
falsification.	3515

(B) On receiving an application or challenge filed under this	3516
section, the board of elections promptly shall review the board's	3517
records. If the board is able to determine that an application or	3518
challenge should be granted or denied solely on the basis of the	3519
records maintained by the board, the board immediately shall vote	3520
to grant or deny that application or challenge.	3521

If the board is not able to determine whether an application	3522
or challenge should be granted or denied solely on the basis of	3523
the records maintained by the board, the director shall promptly	3524
set a time and date for a hearing before the board. TheExcept as	3525
otherwise provided in division (D) of this section, the hearing	3526
shall be held, and the application or challenge shall be decided,	3527
no later than twoten days prior to any electionafter the board	3528
receives the application or challenge. The director shall send	3529
written notice to any elector whose right to vote is challenged	3530
and to any person whose name is alleged to have been omitted from	3531
a registration list. The notice shall inform the person of the	3532
time and date of the hearing, and of the person's right to appear	3533
and testify, call witnesses, and be represented by counsel. The	3534
notice shall be sent by first class mail no later than three days	3535
before the day of any scheduled hearing. The director shall also	3536
provide the person who filed the application or challenge with	3537
such written notice of the date and time of the hearing.	3538

At the request of either party or any member of the board,	3539
the board shall issue subpoenas to witnesses to appear and testify	3540
before the board at a hearing held under this section. All	3541
witnesses shall testify under oath. The board shall reach a	3542
decision on all applications and challenges immediately after	3543
hearing.	3544

(C) If the board decides that any such person is not entitled	3545
to have the person's name on the registration list, the person's	3546
name shall be removed from the list and the person's registration	3547
forms canceled. If the board decides that the name of any such	3548
person should appear on such registration list it shall be added	3549
thereto, and the person's registration forms placed in the proper	3550
registration files. All such corrections and additions shall be	3551
made on a copy of the precinct lists, which shall constitute the	3552
poll lists, to be furnished to the respective precincts with other	3553
election supplies on the day preceding the election, to be used by	3554
the clerkselection officials in receiving the signatures of	3555
voters and in checking against the registration forms.	3556

(D)(1) If an application or challenge for which a hearing is	3557
required to be conducted under division (B) of this section is	3558
filed after the thirtieth day before the day of an election, the	3559
board of elections, in its discretion, may postpone that hearing	3560
and any notifications of that hearing until after the day of the	3561
election. Any hearing postponed under this division shall be	3562
conducted not later than ten days after the day of the election.	3563

(2) The board of elections shall cause the name of any	3564
registered elector whose registration is challenged and whose	3565
challenge hearing is postponed under division (D)(1) of this	3566
section to be marked in the official registration list and in the	3567
poll list or signature pollbook for that elector's precinct to	3568
indicate that the elector's registration is subject to challenge.	3569

(3) Any elector who is the subject of an application or	3570
challenge hearing that is postponed under division (D)(1) of this	3571
section shall be permitted to vote a provisional ballot under	3572
section 3505.181 of the Revised Code. The validity of a	3573
provisional ballot cast pursuant to this section shall be	3574
determined in accordance with section 3505.183 of the Revised	3575
Code, except that no such provisional ballot shall be counted	3576
unless the hearing conducted under division (B) of this section	3577
after the day of the election results in the elector's inclusion	3578
in the official registration list.	3579

Sec. 3503.28.  (A) The secretary of state shall develop an	3580
information brochure regarding voter registration. The brochure	3581
shall include, but is not limited to, all of the following	3582
information:	3583

(1) The applicable deadlines for registering to vote or for	3584
returning an applicant's completed registration form;	3585

(2) The applicable deadline for returning an applicant's	3586
completed registration form if the person returning the form is	3587
being compensated for registering voters;	3588

(3) The locations to which a person may return an applicant's	3589
completed registration form;	3590

(4) The location to which a person who is compensated for	3591
registering voters may return an applicant's completed	3592
registration form;	3593

(5) The registration and affirmation requirements applicable	3594
to persons who are compensated for registering voters under	3595
section 3503.29 of the Revised Code.	3596

(B) Except as otherwise provided in division (D) of this	3597
section, a board of elections, designated agency, public high	3598
school, public vocational school, public library, office of a	3599
county treasurer, or deputy registrar of motor vehicles shall	3600
distribute a copy of the brochure developed under division (A) of	3601
this section to any person who requests more than two voter	3602
registration forms at one time.	3603

(C)(1) The secretary of state shall provide the information	3604
required to be included in the brochure developed under division	3605
(A) of this section to any person who prints a voter registration	3606
form that is made available on a web site of the office of the	3607
secretary of state.	3608

(2) A board of elections shall provide the information	3609
required to be included in the brochure developed under division	3610
(A) of this section to any person who prints a voter registration	3611
form that is made available on a web site of a board of elections.	3612

(D) A board of elections shall not be required to distribute	3613
a copy of a brochure under division (B) of this section to any of	3614
the following officials or employees who are requesting more than	3615
two voter registration forms at one time in the course of the	3616
official's or employee's normal duties:	3617

(1) An election official;

3618

(2) A county treasurer;

3619

(3) A deputy registrar of motor vehicles;

3620

(4) An employee of a designated agency;

3621

(5) An employee of a public high school;

3622

(6) An employee of a public vocational school;

3623

(7) An employee of a public library;

3624

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

3625

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

3626

(10) An employee of a deputy registrar of motor vehicles;

3627

(11) An employee of an election official.

3628

(E) As used in this section, "registering voters" includes	3629
any effort, for compensation, to provide voter registration forms	3630
or to assist persons in completing or returning those forms.	3631

Sec. 3503.29.  (A) The secretary of state shall develop and	3632
make available through a web site of the office of the secretary	3633
of state a training program for any person who receives or expects	3634
to receive compensation for registering a voter. The secretary of	3635
state shall specify, by rule adopted pursuant to Chapter 119. of	3636
the Revised Code, the information to be included in the online	3637
training program developed under this division.	3638

(B) Except as otherwise provided in division (E) of this	3639
section, the secretary of state, by rules adopted pursuant to	3640
Chapter 119. of the Revised Code, shall prescribe a program under	3641
which each board of elections shall register any person who	3642
receives or expects to receive compensation for registering a	3643
voter in the county.	3644

(C) Except as otherwise provided in division (E) of this	3645
section, in each year in which a person receives or expects to	3646
receive compensation for registering a voter that person, prior to	3647
registering a voter, shall do all of the following:	3648

(1) Register with the board of elections of each county in	3649
which the person intends to register a voter in accordance with	3650
the program prescribed under division (B) of this section;	3651

(2) Complete the training program established by the	3652
secretary of state under division (A) of this section.	3653

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

3654

(a) The person's name;

3655

(b) The person's date of birth;

3656

(c) The person's permanent address;

3657

(d) A statement that the person has registered, as required	3658
under division (C)(1) of this section, with the board of elections	3659
of the county in which the person intends to register voters;	3660

(e) A statement that the person has completed the training	3661
program required under division (C)(2) of this section;	3662

(f) A statement that the person will follow all applicable	3663
Ohio laws while registering voters.	3664

(D) Except as otherwise provided in division (E) of this	3665
section, each time a person who receives or expects to receive	3666
compensation for registering a voter submits a completed	3667
registration form that has been entrusted to that person to a	3668
board of elections, the person also shall submit, with the voter	3669
registration form, a copy of the affirmation signed by the person	3670
under division (C)(3) of this section. A single copy of the signed	3671
affirmation may be submitted with all voter registration forms	3672
that are returned by that person at one time.	3673

(E) None of the following officials or employees who are	3674
registering voters in the course of the official's or employee's	3675
normal duties shall be required to comply with divisions (C) and	3676
(D) of this section:	3677

(1) An election official;

3678

(2) A county treasurer;

3679

(3) A deputy registrar of motor vehicles;

3680

(4) An employee of a designated agency;

3681

(5) An employee of a public high school;

3682

(6) An employee of a public vocational school;

3683

(7) An employee of a public library;

3684

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

3685

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

3686

(10) An employee of a deputy registrar of motor vehicles;

3687

(11) An employee of an election official.

3688

(F) As used in this section, "registering a voter" and	3689
"registering voters" includes any effort, for compensation, to	3690
provide voter registration forms or to assist persons in	3691
completing or returning those forms.	3692

Sec. 3505.16.  Before the opening of the polls, the package	3693
of supplies and the ballot boxes shall be opened in the presence	3694
of the precinct officials. The ballot boxes, the package of	3695
ballots, registration forms, and other supplies shall at all times	3696
be in full sight of the challenger or witnessesobservers, and no	3697
ballot box or unused ballots during the balloting or counting	3698
shall be removed or screened from their full sight until the	3699
counting has been closed and the final returns completed and the	3700
certificate signed by the judges and clerks.	3701

Sec. 3505.18. (A)(1) When an elector appears in a polling	3702
place to vote he, the elector shall announce histo the precinct	3703
election officials the elector's full name and address to the	3704
precinct election officials. He	3705

(2) If the elector has not previously voted in an election in	3706
this state, and if the elector registered to vote by mail without	3707
providing the last four digits of the elector's social security	3708
number, the elector's driver's license number, a copy of a current	3709
valid photo identification, or a copy of a current utility bill,	3710
bank statement, government check, paycheck, or other government	3711
document that shows the elector's name and address, the elector	3712
also shall provide to the election officials proof of the	3713
elector's identity in the form of a current valid photo	3714
identification or a copy of a current utility bill, bank	3715
statement, government check, paycheck, or other government	3716
document that shows the name and address of the elector. If such	3717
an elector does not provide to the precinct election officials any	3718
of the forms of identification specified in this division, the	3719
elector may cast a provisional ballot under section 3505.181 of	3720
the Revised Code.	3721

(B) After the elector has announced the elector's full name	3722
and address and, if applicable, provided identification under	3723
division (A)(2) of this section, the elector shall then write his	3724
the elector's name and address at the proper place in the poll	3725
listslist or signature pollbookspollbook provided thereforfor	3726
the purpose, except that if, for any reason, an elector shall be	3727
is unable to write histhe elector's name and address in the poll	3728
list or signature pollbook, the elector may make histhe elector's	3729
mark at the place intended for histhe elector's name, and a	3730
precinct election official shall write the name of the elector at	3731
the proper place on the poll list or signature pollbook following	3732
the elector's mark, upon the presentation of proper	3733
identification. The making of such a mark shall be attested by the	3734
precinct election official, who shall evidence the same by signing	3735
histhe precinct election official's name on the poll list or	3736
signature pollbook as a witness to suchthe mark.	3737

The elector's signature in the poll listslist or signature	3738
pollbooks shallpollbook then shall be compared with histhe	3739
elector's signature on histhe elector's registration form or a	3740
digitized signature list as provided for in section 3503.13 of the	3741
Revised Code, and if, in the opinion of a majority of the precinct	3742
election officials, the signatures are the signatures of the same	3743
person, the clerkselection officials shall enter the date of the	3744
election on the registration form or shall record the date by such	3745
other means as may be prescribed by the secretary of state. If the	3746
right of the elector to vote is not then challenged, or, if being	3747
challenged, hethe elector establishes histhe elector's right to	3748
vote, hethe elector shall be allowed to proceed intoto use the	3749
voting machine. If voting machines are not being used in that	3750
precinct, the judge in charge of ballots shall then detach the	3751
next ballots to be issued to the elector from Stub B attached to	3752
each ballot, leaving Stub A attached to each ballot, hand the	3753
ballots to the elector, and call histhe elector's name and the	3754
stub number on each of the ballots. The clerkjudge shall enter	3755
the stub numbers opposite the signature of the elector in the	3756
pollbook. The elector shall then retire to one of the voting	3757
compartments to mark histhe elector's ballots. No mark shall be	3758
made on any ballot which would in any way enable any person to	3759
identify the person who voted the ballot.	3760

Sec. 3505.181.  (A) All of the following individuals shall be	3761
permitted to cast a provisional ballot at an election:	3762

(1) An individual who declares that the individual is a	3763
registered voter in the jurisdiction in which the individual	3764
desires to vote and that the individual is eligible to vote in an	3765
election, but the name of the individual does not appear on the	3766
official list of eligible voters for the polling place or an	3767
election official asserts that the individual is not eligible to	3768
vote;	3769

(2) An individual required to provide identification under	3770
division (A)(2) of section 3505.18 of the Revised Code who does	3771
not provide to the election officials any of the forms of	3772
identification specified in that division;	3773

(3) An individual whose name in the poll list or signature	3774
pollbook has been marked under section 3509.09 or 3511.13 of the	3775
Revised Code as having requested or returned an absent voter's	3776
ballot or an armed services absent voter's ballot for that	3777
election who appears to vote at the polling place;	3778

(4) An individual whose notification of registration has been	3779
returned undelivered to the board of elections and whose name in	3780
the official registration list and in the poll list or signature	3781
pollbook has been marked under division (C)(2) of section 3503.19	3782
of the Revised Code;	3783

(5) An individual who is challenged under section 3505.20 of	3784
the Revised Code and the election officials determine that the	3785
person is ineligible to vote or are unable to determine the	3786
person's eligibility to vote;	3787

(6) An individual whose application or challenge hearing has	3788
been postponed until after the day of the election under division	3789
(D)(1) of section 3503.24 of the Revised Code;	3790

(7) An individual whose notice of election has been returned	3791
undelivered to the board of elections and whose name in the	3792
official registration list and poll list or signature pollbook has	3793
been marked under division (B) of section 3501.19 of the Revised	3794
Code;	3795

(8) An individual who moves within a precinct, changes the	3796
individual's name and remains within the precinct, moves from one	3797
precinct to another within a county, moves from one precinct to	3798
another and changes the individual's name, or moves from one	3799
county to another within the state, and completes and signs the	3800
required forms and statements under division (B) or (C) of section	3801
3503.16 of the Revised Code;	3802

(9) An individual whose signature, in the opinion of the	3803
precinct officers under section 3505.22 of the Revised Code, is	3804
not that of the person who signed that name in the registration	3805
forms;	3806

(10) An individual who is challenged under section 3513.20 of	3807
the Revised Code who refuses to make the statement required under	3808
that section, who a majority of the precinct officials find lacks	3809
any of the qualifications to make the individual a qualified	3810
elector, or who a majority of the precinct officials find is not	3811
affiliated with or a member of the political party whose ballot	3812
the individual desires to vote.	3813

(B) An individual who is eligible to cast a provisional	3814
ballot under division (A) of this section shall be permitted to	3815
cast a provisional ballot as follows:	3816

(1) An election official at the polling place shall notify	3817
the individual that the individual may cast a provisional ballot	3818
in that election.	3819

(2) The individual shall be permitted to cast a provisional	3820
ballot at that polling place upon the execution of a written	3821
affirmation by the individual before an election official at the	3822
polling place stating that the individual is both of the	3823
following:	3824

(a) A registered voter in the jurisdiction in which the	3825
individual desires to vote;	3826

(b) Eligible to vote in that election.

3827

(3) An election official at the polling place shall transmit	3828
the ballot cast by the individual or the voter information	3829
contained in the written affirmation executed by the individual	3830
under division (B)(2) of this section to an appropriate local	3831
election official for verification under division (B)(4) of this	3832
section.	3833

(4) If the appropriate local election official to whom the	3834
ballot or voter information is transmitted under division (B)(3)	3835
of this section determines that the individual is eligible to	3836
vote, the individual's provisional ballot shall be counted as a	3837
vote in that election.	3838

(5)(a) At the time that an individual casts a provisional	3839
ballot, the appropriate local election official shall give the	3840
individual written information that states that any individual who	3841
casts a provisional ballot will be able to ascertain under the	3842
system established under division (B)(5)(b) of this section	3843
whether the vote was counted, and, if the vote was not counted,	3844
the reason that the vote was not counted.	3845

(b) The appropriate state or local election official shall	3846
establish a free access system, in the form of a toll-free	3847
telephone number, that any individual who casts a provisional	3848
ballot may access to discover whether the vote of that individual	3849
was counted, and, if the vote was not counted, the reason that the	3850
vote was not counted. The free access system established under	3851
this division also shall provide to an individual whose	3852
provisional ballot was not counted information explaining how that	3853
individual may contact the board of elections to register to vote	3854
or to resolve problems with the individual's voter registration.	3855

The appropriate state or local election official shall	3856
establish and maintain reasonable procedures necessary to protect	3857
the security, confidentiality, and integrity of personal	3858
information collected, stored, or otherwise used by the free	3859
access system established under this division. Access to	3860
information about an individual ballot shall be restricted to the	3861
individual who cast the ballot.	3862

(6) If, at the time that an individual casts a provisional	3863
ballot, the individual provides identification in the form of a	3864
current valid photo identification with the individual's current	3865
address, a current valid photo identification with the	3866
individual's former address, or a copy of a current utility bill,	3867
bank statement, government check, paycheck, or other government	3868
document that shows the individual's name and current address, the	3869
appropriate local election official shall record the type of	3870
identification provided and include that information with the	3871
transmission of the ballot or voter information under division	3872
(B)(3) of this section.	3873

(7) If an individual casts a provisional ballot pursuant to	3874
division (A)(2), (5), or (6) of this section, the election	3875
official shall indicate, on the provisional ballot verification	3876
statement required under section 3505.182 of the Revised Code,	3877
that the individual is required to provide additional information	3878
to the board of elections or that an application or challenge	3879
hearing has been postponed with respect to the individual, such	3880
that additional information is required for the board of elections	3881
to determine the eligibility of the individual who cast the	3882
provisional ballot.	3883

(8) During the ten days after the day of an election, an	3884
individual who casts a provisional ballot pursuant to division	3885
(A)(2) or (5) of this section may appear at the office of the	3886
board of elections and provide to the board any additional	3887
information necessary to determine the eligibility of the	3888
individual who cast the provisional ballot.	3889

(a) For a provisional ballot cast pursuant to division (A)(2)	3890
of this section to be eligible to be counted, the individual who	3891
cast that ballot, within ten days after the day of the election,	3892
shall provide to the board of elections proof of the individual's	3893
identity in the form of the individual's driver's license number,	3894
the last four digits of the individual's social security number, a	3895
copy of a current and valid photo identification, or a copy of a	3896
current utility bill, bank statement, government check, paycheck,	3897
or other government document that shows the individual's name and	3898
address.	3899

(b) For a provisional ballot cast pursuant to division (A)(5)	3900
of this section to be eligible to be counted, the individual who	3901
cast that ballot, within ten days after the day of that election,	3902
shall provide to the board of elections any identification or	3903
other documentation required to be provided by the applicable	3904
challenge questions asked of that individual under section 3505.20	3905
of the Revised Code.	3906

(C)(1) If an individual declares that the individual is	3907
eligible to vote in a jurisdiction other than the jurisdiction in	3908
which the individual desires to vote, or if an election official	3909
at the polling place at which the individual desires to vote	3910
determines that the individual is not eligible to vote in that	3911
jurisdiction but the individual appears to be eligible to vote in	3912
another jurisdiction, the election official shall direct the	3913
individual to a paper precinct finder located at that polling	3914
location that lists all of the addresses, precincts, and polling	3915
locations in the county, explain that the individual may cast a	3916
provisional ballot at the current location but the ballot will not	3917
be counted if it is cast in the wrong precinct, and provide the	3918
telephone number of the board of elections in case the individual	3919
has additional questions.	3920

(2) If the individual refuses to travel to the polling	3921
location for the correct jurisdiction or to the office of the	3922
board of elections to cast a ballot, the individual shall be	3923
permitted to vote a provisional ballot at that jurisdiction in	3924
accordance with division (B) of this section. If any of the	3925
following apply, the provisional ballot cast by that individual	3926
shall not be opened or counted:	3927

(a) The individual is not properly registered in that	3928
jurisdiction.	3929

(b) The individual is not eligible to vote in that election	3930
in that jurisdiction.	3931

(c) The individual's eligibility to vote in that jurisdiction	3932
in that election cannot be established upon examination of the	3933
records on file with the board of elections.	3934

(D) The appropriate local election official shall cause	3935
voting information to be publicly posted at each polling place on	3936
the day of each election.	3937

(E) As used in this section and sections 3505.182 and	3938
3505.183 of the Revised Code:	3939

(1) "Jurisdiction" means the precinct in which a person is a	3940
legally qualified elector.	3941

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

3942

(a) A sample version of the ballot that will be used for that	3943
election;	3944

(b) Information regarding the date of the election and the	3945
hours during which polling places will be open;	3946

(c) Instructions on how to vote, including how to cast a vote	3947
and how to cast a provisional ballot;	3948

(d) Instructions for mail-in registrants and first-time	3949
voters under applicable federal and state laws;	3950

(e) General information on voting rights under applicable	3951
federal and state laws, including information on the right of an	3952
individual to cast a provisional ballot and instructions on how to	3953
contact the appropriate officials if these rights are alleged to	3954
have been violated;	3955

(f) General information on federal and state laws regarding	3956
prohibitions against acts of fraud and misrepresentation.	3957

Sec. 3505.182.  Each individual who casts a provisional	3958
ballot under section 3505.181 of the Revised Code shall execute a	3959
written affirmation. The form of the written affirmation shall be	3960
printed upon the face of the provisional ballot envelope and shall	3961
be substantially as follows:	3962

"Provisional Ballot Affirmation

3963

STATE OF OHIO

3964

I, .................... (Name of provisional voter), solemnly	3965
swear or affirm that I am a registered voter in the jurisdiction	3966
in which I am voting this provisional ballot and that I am	3967
eligible to vote in the election in which I am voting this	3968
provisional ballot.	3969

I understand that, if the above-provided information is not	3970
fully completed and correct, if the board of elections determines	3971
that I am not registered to vote, a resident of this precinct, or	3972
eligible to vote in this election, or if the board of elections	3973
determines that I have already voted in this election, my	3974
provisional ballot will not be counted. I further understand that	3975
knowingly providing false information is a violation of law and	3976
subjects me to possible criminal prosecution.	3977

I hereby declare, under penalty of election falsification,	3978
that the above statements are true and correct to the best of my	3979
knowledge and belief.	3980

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	3983
OF THE FIFTH DEGREE.	3984

Additional Information For Determining Ballot Validity

3985

(May be completed at voter's discretion)

3986

Verification Statement

3995

(To be completed by election official)

3996

The Provisional Ballot Affirmation printed above was	3997
subscribed and affirmed before me this .......... day of	3998
.......... (Month), .......... (Year).	3999

(If applicable, the election official must check the	4000
following true statement concerning additional information needed	4001
to determine the eligibility of the provisional voter.)	4002

...... The provisional voter is required to provide	4003
additional information to the board of elections.	4004

...... An application or challenge hearing regarding this	4005
voter has been postponed until after the election.	4006

(The election official must check the following true	4007
statement concerning identification provided by the provisional	4008
voter, if any.)	4009

...... The provisional voter provided a current valid photo	4010
identification with the voter's name and current address.	4011

...... The provisional voter provided a current valid photo	4012
identification with the voter's name and former address.	4013

...... The provisional voter provided a copy of a current	4014
utility bill, bank statement, government check, paycheck, or other	4015
government document with the voter's name and current address.	4016

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

4017

In addition to any information required to be included on the	4020
written affirmation, an individual casting a provisional ballot	4021
may provide additional information to the election official to	4022
assist the board of elections in determining the individual's	4023
eligibility to vote in that election, including the date and	4024
location at which the individual registered to vote, if known.	4025

Sec. 3505.183.  (A) When the ballot boxes are delivered to	4026
the board of elections from the precincts, the board shall	4027
separate the provisional ballot envelopes from the rest of the	4028
ballots. Teams of employees of the board consisting of one member	4029
of each major political party shall photocopy each provisional	4030
ballot envelope, which photocopy shall be used by the board to	4031
determine the eligibility of the individual who cast the	4032
provisional ballot in the photocopied envelope. After	4033
photocopying, the team of employees shall place the sealed	4034
provisional ballot envelopes in a sealed container. The sealed	4035
provisional ballot envelopes shall remain in that sealed container	4036
until the validity of those ballots is determined under division	4037
(B) of this section.	4038

(B)(1) To determine whether a provisional ballot is valid and	4039
entitled to be counted, the board shall examine its records and	4040
determine whether the individual who cast the provisional ballot	4041
is registered and eligible to vote in the applicable election. The	4042
board shall examine the information contained in the written	4043
affirmation executed by the individual who cast the provisional	4044
ballot under division (B)(2) of section 3505.181 of the Revised	4045
Code. The following information shall be included in the written	4046
affirmation in order for the provisional ballot to be eligible to	4047
be counted:	4048

(a) The individual's name and signature;

4049

(b) A statement that the individual is a registered voter in	4050
the jurisdiction in which the provisional ballot is being voted;	4051

(c) A statement that the individual is eligible to vote in	4052
the election in which the provisional ballot is being voted.	4053

(2) In addition to the information required to be included in	4054
the written affirmation under division (B)(1) of this section, in	4055
determining whether a provisional ballot is valid and entitled to	4056
be counted, the board also shall examine any additional	4057
information for determining ballot validity provided by the	4058
provisional voter on the written affirmation, provided by the	4059
provisional voter to an election official under section 3505.182	4060
of the Revised Code, or provided to the board of elections during	4061
the ten days after the day of the election under division (B)(8)	4062
of section 3505.181 of the Revised Code, to assist the board in	4063
determining the individual's eligibility to vote.	4064

(3) If, in examining a provisional ballot affirmation and	4065
additional information under divisions (B)(1) and (2) of this	4066
section, the board determines that all of the following apply, the	4067
provisional ballot envelope shall be opened and the ballot shall	4068
be placed in a ballot box to be counted:	4069

(a) The individual named on the written affirmation is	4070
properly registered to vote.	4071

(b) The individual named on the written affirmation is	4072
eligible to cast a ballot in the precinct and for the election in	4073
which the individual cast the provisional ballot.	4074

(c) The individual provided all of the information required	4075
under division (B)(1) of this section in the written affirmation	4076
that the individual executed at the time the individual cast the	4077
provisional ballot;	4078

(d) If applicable, the individual provided any additional	4079
information required under division (B)(8) of section 3505.181 of	4080
the Revised Code within ten days after the day of the election;	4081

(e) If applicable, the hearing conducted under division (B)	4082
of section 3503.24 of the Revised Code after the day of the	4083
election resulted in the individual's inclusion in the official	4084
registration list.	4085

(4)(a) If, in examining a provisional ballot affirmation and	4086
additional information under divisions (B)(1) and (2) of this	4087
section, the board determines that any of the following apply, the	4088
provisional ballot envelope shall not be opened and the ballot	4089
shall not be counted:	4090

(i) The individual named on the written affirmation is not	4091
qualified or is not properly registered to vote.	4092

(ii) The individual named on the written affirmation is not	4093
eligible to cast a ballot in the precinct or for the election in	4094
which the individual cast the provisional ballot.	4095

(iii) The individual did not provide all of the information	4096
required under division (B)(1) of this section in the written	4097
affirmation that the individual executed at the time the	4098
individual cast the provisional ballot;	4099

(iv) The individual has already cast a ballot for the	4100
election in which the individual cast the provisional ballot;	4101

(v) If applicable, the individual did not provide any	4102
additional information required under division (B)(8) of section	4103
3505.181 of the Revised Code within ten days after the day of the	4104
election;	4105

(vi) If applicable, the hearing conducted under division (B)	4106
of section 3503.24 of the Revised Code after the day of the	4107
election did not result in the individual's inclusion in the	4108
official registration list.	4109

(b) If, in examining a provisional ballot affirmation and	4110
additional information under divisions (B)(1) and (2) of this	4111
section, the board is unable to determine either of the following,	4112
the provisional ballot envelope shall not be opened and the ballot	4113
shall not be counted:	4114

(i) Whether the individual named on the written affirmation	4115
is qualified or properly registered to vote;	4116

(ii) Whether the individual named on the written affirmation	4117
is eligible to cast a ballot in the precinct or for the election	4118
in which the individual cast the provisional ballot.	4119

(C)(1) For each provisional ballot rejected under division	4120
(B)(4) of this section, the board shall record the name of the	4121
provisional voter who cast the ballot and the identification	4122
number of the provisional ballot envelope and denote that the	4123
ballot within that envelope was rejected. The board shall retain	4124
the photocopy of the provisional ballot envelope for that ballot	4125
for record-keeping purposes and shall note the following	4126
information on that photocopy:	4127

(a) The names of the board members who determined the	4128
validity of that ballot;	4129

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

4130

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

4131

(2) Provisional ballots that are rejected under division	4132
(B)(4) of this section shall not be counted but shall be preserved	4133
in their provisional ballot envelopes unopened until the time	4134
provided by section 3505.31 of the Revised Code for the	4135
destruction of all other ballots used at the election for which	4136
ballots were provided, at which time they shall be destroyed.	4137

(D) Provisional ballots that the board determines are	4138
eligible to be counted under division (B)(3) of this section shall	4139
be counted in the same manner as provided for other ballots under	4140
section 3505.27 of the Revised Code. No provisional ballots shall	4141
be counted in a particular county until the board determines the	4142
eligibility to be counted of all provisional ballots cast in that	4143
county under division (B) of this section for that election.	4144
Observers, as provided in section 3505.21 of the Revised Code, may	4145
be present at all times that the teams are photocopying	4146
provisional ballot envelopes and at all times that board is	4147
determining the eligibility of provisional ballots to be counted	4148
and counting those provisional ballots determined to be eligible.	4149
No person shall recklessly disclose the count or any portion of	4150
the count of provisional ballots in such a manner as to jeopardize	4151
the secrecy of any individual ballot.	4152

(E)(1) Except as otherwise provided in division (E)(2) of	4153
this section, nothing in this section shall prevent a board of	4154
elections from examining provisional ballot affirmations and	4155
additional information under divisions (B)(1) and (2) of this	4156
section to determine the eligibility of provisional ballots to be	4157
counted during the ten days after the day of an election.	4158

(2) A board of elections shall not examine the provisional	4159
ballot affirmation and additional information under divisions	4160
(B)(1) and (2) of this section of any provisional ballot for which	4161
an election official has indicated under division (B)(7) of	4162
section 3505.181 of the Revised Code that additional information	4163
is required for the board of elections to determine the	4164
eligibility of the individual who cast that provisional ballot	4165
until the individual provides any information required under	4166
division (B)(8) of section 3505.181 of the Revised Code, until any	4167
hearing required to be conducted under section 3503.24 of the	4168
Revised Code with regard to the provisional voter is held, or	4169
until the eleventh day after the day of the election, whichever is	4170
earlier.	4171

Sec. 3505.19.  Any person registered as an elector may be	4172
challenged by any qualified elector as to histhe registered	4173
elector's right to vote at anyprior to the nineteenth day before	4174
the day of an election. Such qualified elector may, at any time	4175
during the year, either by appearing in person at the office of	4176
the board of elections, or by letter addressed to the board,	4177
challenge the right of such registered elector to vote. Any such	4178
challenge must state the ground upon which the challenge is made,	4179
and must be signed by the challenger giving histhe challenger's	4180
address and voting precinct. If, after public hearing, of which	4181
both the challenger and challenged shall be notified, the board is	4182
satisfied, in accordance with division (B) of section 3503.24 of	4183
the Revised Code, that the challenge is well taken, the director	4184
shall so indicate on the registration cards and he shall so notify	4185
in writing the judges and clerks of the precinct. If such	4186
challenged person offers to vote at such election he, the	4187
challenged person shall be examined as in the case of an original	4188
challenge. If such person establishes, to the satisfaction of the	4189
judges and clerks, that histhe person's disabilities have been	4190
removed and that hethe person has a right to vote, hethe person	4191
shall be permitted to vote.	4192

Sec. 3505.20.  Any person offering to vote may be challenged	4193
at the polling place by any challenger, any elector then lawfully	4194
in the polling place, or by any judge or clerk of elections. If	4195
the board of elections has ruled on the question presented by a	4196
challenge prior to election day, its finding and decision shall be	4197
final and the presiding judge shall be notified in writing. If the	4198
board has not ruled, the question shall be determined as set forth	4199
in this section. If any person is so challenged as unqualified to	4200
vote, the presiding judge shall tender the person the following	4201
oath: "You do swear or affirm under penalty of election	4202
falsification that you will fully and truly answer all of the	4203
following questions put to you, touching your place of residence	4204
andconcerning your qualifications as an elector at this	4205
election."	4206

(A) If the person is challenged as unqualified on the ground	4207
that the person is not a citizen, the judges shall put the	4208
following questions:	4209

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

4210

(2) Are you a native or naturalized citizen?

4211

(3) Where were you born?

4212

(4) What official documentation do you possess to prove your	4213
citizenship? Please provide that documentation.	4214

If the person offering to vote claims to be a naturalized	4215
citizen of the United States, the person shall, before the vote is	4216
received, either produce for inspection of the judges a	4217
certificate of naturalization and declare under oath that the	4218
person is the identical person named therein, or state under oath	4219
when and where the person was naturalized, that the person has had	4220
a certificate of the person's naturalization, and that it is lost,	4221
destroyed, or beyond the person's power to produce to the judges.	4222
If the person states under oath that, by reason of the	4223
naturalization of the person's parents or one of them, the person	4224
has become a citizen of the United States, and when or where the	4225
person's parents were naturalized, the certificate of	4226
naturalization need not be produced. If the person is unable to	4227
provide a certificate of naturalization on the day of the	4228
election, the judges shall provide to the person, and the person	4229
may vote, a provisional ballot under section 3505.181 of the	4230
Revised Code. The provisional ballot shall not be counted unless	4231
it is properly completed and the board of elections determines	4232
that the voter is properly registered and eligible to vote in the	4233
election.	4234

(B) If the person is challenged as unqualified on the ground	4235
that the person has not resided in this state for thirty days	4236
immediately preceding the election, the judges shall put the	4237
following questions:	4238

(1) Have you resided in this state for thirty days	4239
immediately preceding this election? If so, where have you	4240
resided? Name two persons who know of your place of residence.	4241

(2) Have you been absent from this state within the thirty	4242
days immediately preceding this election? If yes, then the	4243
following questions:	4244

(a) Have you continuously resided outside this state for a	4245
period of four years or more?	4246

(b) Did you, while absent, look upon and regard this state as	4247
your home?	4248

(c) Did you, while absent, vote in any other state?Did you	4249
properly register to vote?	4250

(3) Can you provide some form of identification containing	4251
your current mailing address in this precinct? Please provide that	4252
identification.	4253

(4) Have you voted or attempted to vote at any other location	4254
in this or in any other state at this election?	4255

(5) Have you applied for an absent voter's ballot in any	4256
state for this election?	4257

If the judges are unable to verify the person's eligibility	4258
to cast a ballot in the election, the judges shall provide to the	4259
person, and the person may vote, a provisional ballot under	4260
section 3505.181 of the Revised Code. The provisional ballot shall	4261
not be counted unless it is properly completed and the board of	4262
elections determines that the voter is properly registered and	4263
eligible to vote in the election.	4264

(C) If the person is challenged as unqualified on the ground	4265
that the person is not a resident of the county or precinct where	4266
hethe person offers to vote, the judges shall put the following	4267
questions:	4268

(1) Do you now reside in this county?

4269

(2) Do you now reside in this precinct?

4270

(2) When did you move into this precinct?

4271

(3) When you came into this precinct, did you come for a	4272
temporary purpose merely or for the purpose of making it your	4273
home?	4274

(4) What is your current mailing address?

4275

(5) Do you have some official identification containing your	4276
current address in this precinct? Please provide that	4277
identification.	4278

(6) Have you voted or attempted to vote at any other location	4279
in this or in any other state at this election?	4280

(7) Have you applied for any absent voter's ballot in any	4281
state for this election?	4282

The judges shall direct an individual who is not in the	4283
appropriate polling place to the appropriate polling place. If the	4284
individual refuses to go to the appropriate polling place, or if	4285
the judges are unable to verify the person's eligibility to cast a	4286
ballot in the election, the judges shall provide to the person,	4287
and the person may vote, a provisional ballot under section	4288
3505.181 of the Revised Code. The provisional ballot shall not be	4289
counted unless it is properly completed and the board of elections	4290
determines that the voter is properly registered and eligible to	4291
vote in the election.	4292

(D) If the person is challenged as unqualified on the ground	4293
that the person is not of legal voting age, the judges shall put	4294
the following questionquestions:	4295

(1) Are you eighteen years of age or more to the best of your	4296
knowledge and belief?	4297

(2) What is your date of birth?

4298

(3) Do you have some official identification verifying your	4299
age? Please provide that identification.	4300

If the judges are unable to verify the person's age and	4301
eligibility to cast a ballot in the election, the judges shall	4302
provide to the person, and the person may vote, a provisional	4303
ballot under section 3505.181 of the Revised Code. The provisional	4304
ballot shall not be counted unless it is properly completed and	4305
the board of elections determines that the voter is properly	4306
registered and eligible to vote in the election.	4307

The presiding judge shall put such other questions to the	4308
person challenged under respective heads designated by this	4309
section, as are necessary to testdetermine the person's	4310
qualifications as an elector at the election. If a person	4311
challenged refuses to answer fully any question put to the person,	4312
is unable to answer the questions as they were answered on the	4313
registration form by the person under whose name the person offers	4314
to vote, refuses to sign the person's name or make the person's	4315
mark, or if for any other reason a majority of the judges believes	4316
the person is not entitled to vote, the judges shall refuse the	4317
person a ballot. If a person is disqualified under division (C) of	4318
this section because the person does not now reside in the county	4319
or precinct, the presiding judge shall inform the person of the	4320
person's right to vote in the person's proper county or precinct	4321
of residence and instruct the person to contact the appropriate	4322
board of elections for information concerning the location of the	4323
person's voting precinctprovide to the person, and the person may	4324
vote, a provisional ballot under section 3505.181 of the Revised	4325
Code. The provisional ballot shall not be counted unless it is	4326
properly completed and the board of elections determines that the	4327
voter is properly registered and eligible to vote in the election.	4328

A qualified citizen who has certified the citizen's intention	4329
to vote for president and vice-president as provided by Chapter	4330
3504. of the Revised Code shall be eligible to receive only the	4331
ballot containing presidential and vice-presidential candidates.	4332

The decision of said judges shall be final as to the right of	4333
the person challenged to vote at such election.	4334

However, prior to the nineteenth day before the day of an	4335
election and in accordance with section 3503.24 of the Revised	4336
Code, any person qualified to vote may challenge the right of any	4337
other person to be registered as a voter, or the right to cast an	4338
absent voter's ballot, or to make application for such ballot.	4339
Such challenge shall be made in accordance with section 3503.24 of	4340
the Revised Code and the board of elections of the county in which	4341
the voting residence of the challenged voter is situated shall	4342
make a final determination relative to the legality of such	4343
registration or application.	4344

Sec. 3505.21.  At any primary, special, or general election,	4345
any political party supporting candidates to be voted upon at such	4346
election and any group of five or more candidates may appoint to	4347
the board of elections or to any of the polling placesprecincts	4348
in the county or city one person, a qualified elector, who shall	4349
serve as challengerobserver for such party or such candidates	4350
during the casting of the ballots, and one person, a qualified	4351
elector, who shall serve as witness during the counting of the	4352
ballots; provided that one such personseparate observers may be	4353
appointed to serve as both challenger and witnessduring the	4354
casting and during the counting of the ballots. No candidate, no	4355
uniformed peace officer as defined by section 2935.01 of the	4356
Revised Code, no uniformed state highway patrol trooper, no	4357
uniformed member of any fire department, no uniformed member of	4358
the armed services, no uniformed member of the organized militia,	4359
no person wearing any other uniform and no person carrying a	4360
firearm or other deadly weapon shall serve as a witness or	4361
challengeran observer, nor shall any candidate be represented by	4362
more than one challenger and one witnessobserver at any one	4363
polling placeprecinct except that a candidate who is a member of	4364
a party controlling committee, as defined in section 3517.03 of	4365
the Revised Code, may serve as a witness or challengeran	4366
observer. Any political party or group of candidates appointing	4367
witnesses or challengersobservers shall notify the board of	4368
elections of the names and addresses of its appointees and the	4369
polling placesprecincts at which they shall serve. Notification	4370
shall take place not less than eleven days before the election on	4371
forms prescribed by the secretary of state and may be amended by	4372
filing an amendment with the board of elections at any time until	4373
four p.m. of the day before the election. The challenger and	4374
witnessobserver serving on behalf of a political party shall be	4375
appointed in writing by the chairmanchairperson and secretary of	4376
the respective controlling party committees. Challengers and	4377
witnessesObservers serving for any five or more candidates shall	4378
have their certificates signed by such candidates. Challengers and	4379
witnesses soObservers appointed to a precinct may file their	4380
certificates of appointment with the presiding judge of the	4381
precinct at the meeting on the evening prior to the election, or	4382
with the presiding judge of the precinct on the day of the	4383
election. Witnesses shall not be admitted to the booths before the	4384
closing of the polls except for the purpose of filing their	4385
certificates. Upon the filing of a certificate the person named as	4386
challengerobserver therein shall be permitted to be in and about	4387
the polling place for the precinct during the casting of the	4388
ballots and shall be permitted to watch every proceeding of the	4389
judges and clerks of elections from the time of the opening until	4390
the closing of the polls. Any such witnesses so appointedThe	4391
observer also may inspect the counting of theall ballots in the	4392
precinctpolling place or board of elections from the time of the	4393
closing of the polls until the counting is completed and the final	4394
returns are certified and signed. Observers appointed to the board	4395
of elections under this section may observe at the board of	4396
elections and may observe at any precinct in the county. The	4397
judges of elections shall protect such challengers and witnesses	4398
observers in all of the rights and privileges granted to them by	4399
Title XXXV of the Revised Code.	4400

No persons other than the judges and clerks of elections, the	4401
witnessesobservers, a police officer, other persons who are	4402
detailed to any precinct on request of the board of elections, or	4403
the secretary of state or histhe secretary of state's legal	4404
representative shall be admitted to the polling place or board of	4405
elections after the closing of the polls until the counting,	4406
certifying, and signing of the final returns of each election have	4407
been completed.	4408

Not later than eleven days prior to an election at which	4409
questions are to be submitted to a vote of the people, any	4410
committee which in good faith advocates or opposes a measure may	4411
file a petition with the board of any county asking that such	4412
petitioners be recognized as the committee entitled to appoint	4413
witnessesobservers to the count at such election. If more than	4414
one committee alleging themselves to advocate or oppose the same	4415
measure file such petitions, the board shall decide and announce	4416
by registered mail to each committee not less than three days	4417
immediately preceding the election which committee is entitled to	4418
appoint such witnessesobservers. Such decision shall not be	4419
final, but any aggrieved party may institute mandamus proceedings	4420
in the court of common pleas of the county wherein such board has	4421
jurisdiction to compel the judges of elections to accept the	4422
appointees of such aggrieved party. Any such recognized committee	4423
may appoint a challenger and a witnessan observer to the count in	4424
each precinct. Committees appointing witnesses or challengers	4425
observers shall notify the board of elections of the names and	4426
addresses of its appointees and the polling placesprecincts at	4427
which they shall serve. Notification shall take place not less	4428
than eleven days before the election on forms prescribed by the	4429
secretary of state and may be amended by filing an amendment with	4430
the board of elections at any time until four p.m. on the day	4431
before the election. A person so appointed shall file histhe	4432
person's certificate of appointment with the presiding judge in	4433
the precinct in which hethe person has been appointed to serve.	4434
WitnessesObservers shall file their certificates before the polls	4435
are closed. In no case shall more than six such challengers and	4436
six witnessesobservers be appointed for any one election in any	4437
one precinct. If more than three questions are to be voted on, the	4438
committees which have appointed challengers and witnesses	4439
observers may agree upon not to exceed six challengers and six	4440
witnessesobservers, and the judges of elections shall appoint	4441
such challengers and witnessesobservers. If such committees fail	4442
to agree, the judges of elections shall appoint six challengers	4443
and six witnessesobservers from the appointees so certified, in	4444
such manner that each side of the several questions shall be	4445
represented.	4446

No person shall serve as a witness or challengeran observer	4447
at any polling placeprecinct unless the board of elections of the	4448
county in which such witness or challengerobserver is to serve	4449
has first been notified of the name, address, and polling place	4450
precinct at which such witness or challengerobserver is to serve.	4451
Notification to the board of elections shall be given by the	4452
political party, group of candidates, or committee appointing such	4453
witness or challengerobserver as prescribed in this section. No	4454
such challengers and witnessesobservers shall receive any	4455
compensation from the county, municipal corporation, or township,	4456
and they shall take the following oath, to be administered by one	4457
of the judges of elections:	4458

"You do solemnly swear that you will faithfully and	4459
impartially discharge the duties as an official challenger and	4460
witnessobserver, assigned by law; that you will not cause any	4461
delay to persons offering to vote, further than is necessary to	4462
procure satisfactory information of their qualification as	4463
electors; and that you will not disclose or communicate to any	4464
person how any elector has voted at such election."	4465

Sec. 3505.22.  If any precinct officer, challenger, or other	4466
elector has reason to believe that a person is impersonating an	4467
elector, then such person, before he isbeing given a ballot,	4468
shall be questioned as to histhe person's right to vote, and	4469
shall be required to sign histhe person's name or make histhe	4470
person's mark in ink on a card to be provided therefor. If, in the	4471
opinion of a majority of the precinct officers, the signature is	4472
not that of the person who signed such name in the registration	4473
forms, then such person mayshall be refusedpermitted to cast a	4474
provisional ballot under section 3505.181 of the Revised Code.	4475
Such person may appeal to the board of elections and if the board	4476
finds that he is eligible to vote, an order instructing the	4477
precinct officer to permit him to vote shall be given to such	4478
person. Such order shall be recognized by such precinct officers	4479
when presented and signed and such person shall be permitted to	4480
vote.	4481

Sec. 3505.25.  No judge or clerk of elections, challenger	4482
observer, or police officer admitted into the polling rooms at the	4483
election, at any time while the polls are open, shall have in his	4484
the individual's possession, distribute, or give out any ballot or	4485
ticket to any person on any pretense during the receiving,	4486
counting, or certifying of the votes, or have any ballot or ticket	4487
in histhe individual's possession or control, except in the	4488
proper discharge of histhe individual's official duty in	4489
receiving, counting, or canvassing the votes. This section does	4490
not prevent the lawful exercise by a judge or clerk of elections,	4491
witness, or challengerobserver of histhe individual right to	4492
vote at such election.	4493

Sec. 3505.26.  At the time for closing the polls, the	4494
presiding judge shall by proclamation announce that the polls are	4495
closed.	4496

The judges and clerks shall then in the presence of witnesses	4497
observers proceed as follows:	4498

(A) Count the number of electors who voted, as shown on the	4499
pollbooks.	4500

(B) Count the unused ballots without removing stubs.

4501

(C) Count the soiled and defaced ballots.

4502

(D) Insert the totals of (A), (B), and (C) on the report	4503
forms provided therefor in the pollbook.	4504

(E) Count the voted ballots. If the number of voted ballots	4505
exceeds the number of voters whose names appear upon the	4506
pollbooks, the presiding judge shall enter on the pollbooks an	4507
explanation of such discrepancy, and such explanation, if agreed	4508
to, shall be subscribed to by all of the judges and clerks. Any	4509
judge or clerk having a different explanation shall enter it in	4510
the pollbooks and subscribe to it.	4511

(F) Put the unused ballots with stubs attached, and soiled	4512
and defaced ballots with stubs attached, in the envelopes or	4513
containers provided therefor, certify the number, and then proceed	4514
to count and tally the votes in the manner prescribed by section	4515
3505.27 of the Revised Code and certify the result of the election	4516
to the board of elections.	4517

Sec. 3505.27.  Unless otherwise ordered by the secretary of	4518
state or the board of elections, the counting and tallying of	4519
ballots shall be conducted according to procedures prescribed by	4520
the board of elections that assure an accurate count of all votes	4521
cast and that include all of the following:	4522

(A) The counting and tallying of ballots at the appropriate	4523
office, as designated by the board, in the full view of members of	4524
the board and witnessesobservers;	4525

(B) The recording on a worksheet or other appropriate	4526
document of the number of votes cast for each candidate and the	4527
number of votes cast for and against each question or issue;	4528

(C) The periodic reporting to the public and the office of	4529
the secretary of state of the number of votes cast for each	4530
candidate and the number of votes cast for and against each	4531
question or issue as tallied at the time of the report;	4532

(D) An examination and verification by the appropriate	4533
authority, as designated by the board, of the votes so tallied and	4534
recorded in the pollbook under section 3505.26 of the Revised	4535
Code.	4536

The board shall prescribe additional procedures as necessary	4537
to assure an accurate count of all votes cast. These procedures	4538
shall be followed until all of the ballots that are required to be	4539
counted on the day of the election after the close of the polls	4540
have been counted.	4541

All work sheets that are prepared at the polling locations	4542
shall be preserved and placed inside the pollbook and returned to	4543
the board.	4544

If there is any disagreement as to how a ballot should be	4545
counted it shall be submitted to the members of the board for a	4546
decision on whether or to what extent the ballot should be	4547
counted. If three of the members do not agree as to how any part	4548
of the ballot shall be counted, only that part of such ballot on	4549
which three of the members do agree shall be counted. A notation	4550
shall be made upon the ballot indicating what part has not been	4551
counted, and the ballot shall be placed in an envelope marked	4552
"Disputed Ballots."	4553

Sec. 3505.32.  (A) Except as otherwise provided in division	4554
(D) of this section, not earlier than the eleventh day or later	4555
than the fifteenth day after a general or special election or, if	4556
a special election was held on the day of a presidential primary	4557
election, not earlier than the twenty-first day or later than the	4558
twenty-fifth day after the special election, the board of	4559
elections shall begin to canvass the election returns from the	4560
precincts in which electors were entitled to vote at that	4561
election. It shall continue the canvass daily until it is	4562
completed and the results of the voting in that election in each	4563
of the precincts are determined.	4564

The board shall complete the canvass not later than the date	4565
set by the secretary of state under division (U) of section	4566
3501.05 of the Revised Codetwenty-first day after the day of the	4567
election, or if a special election was held on the day of a	4568
presidential primary election, not later than the thirty-first day	4569
after the day of the special election. SixtyEighty-one days after	4570
the date set byday of the secretary of state for the completion	4571
of the canvasselection, or ninety-one days after the day of a	4572
special election held on the day of the presidential primary	4573
election, the canvass of election returns shall be deemed final,	4574
and no amendments to the canvass may be made after that date. The	4575
secretary of state may specify an earlier date upon which the	4576
canvass of election returns shall be deemed final, and after which	4577
amendments to the final canvass may not be made, if so required by	4578
federal law.	4579

(B) The county executive committee of each political party,	4580
each committee designated in a petition nominating an independent	4581
or nonpartisan candidate for election at an election, each	4582
committee designated in a petition to represent the petitioners	4583
pursuant to which a question or issue was submitted at an	4584
election, and any committee opposing a question or issue submitted	4585
at an election that was permitted by section 3505.21 of the	4586
Revised Code to have a qualified elector serve as a witnessan	4587
observer during the counting of the ballots at each polling place	4588
at an election may designate a qualified elector who may be	4589
present and may witnessobserve the making of the official	4590
canvass.	4591

(C) The board shall first open all envelopes containing	4592
uncounted ballots and shall count and tally them.	4593

In connection with its investigation of any apparent or	4594
suspected error or defect in the election returns from a polling	4595
place, the board may cause subpoenas to be issued and served	4596
requiring the attendance before it of the election officials of	4597
that polling place, and it may examine them under oath regarding	4598
the manner in which the votes were cast and counted in that	4599
polling place, or the manner in which the returns were prepared	4600
and certified, or as to any other matters bearing upon the voting	4601
and the counting of the votes in that polling place at that	4602
election.	4603

Finally, the board shall open the sealed container containing	4604
the ballots that were counted in the polling place at the election	4605
and count those ballots, during the official canvass, in the	4606
presence of all of the members of the board and any other persons	4607
who are entitled to witness the official canvass.	4608

(D) Prior to the tenth day after a primary, general, or	4609
special election, the board may examine the pollbooks, poll lists,	4610
and tally sheets received from each polling place for its files	4611
and may compare the results of the voting in any polling place	4612
with the summary statement received from the polling place. If the	4613
board finds that any of these records or any portion of them is	4614
missing, or that they are incomplete, not properly certified, or	4615
ambiguous, or that the results of the voting in the polling place	4616
as shown on the summary statement from the polling place are	4617
different from the results of the voting in the polling place as	4618
shown by the pollbook, poll list, or tally sheet from the polling	4619
place, or that there is any other defect in the records, the board	4620
may make whatever changes to the pollbook, poll list, or tally	4621
sheet it determines to be proper in order to correct the errors or	4622
defects.	4623

Sec. 3506.01.  As used in this chapter and Chapters 3501.,	4624
3503., 3505., 3509., 3511., 3513., 3515., 3517., 3519., 3521.,	4625
3523., and 3599. of the Revised Code:	4626

(A) "Marking device" means an apparatus operated by a voter	4627
to record the voter's choices through the piercing or marking of	4628
ballots enabling them to be examined and counted by automatic	4629
tabulating equipment.	4630

(B) "Ballot" means the official election presentation of	4631
offices and candidates, including write-in candidates, and of	4632
questions and issues, and the means by which votes are recorded.	4633

(C) "Automatic tabulating equipment" means a machine or	4634
electronic device, or interconnected or interrelated machines or	4635
electronic devices, that will automatically examine and count	4636
votes recorded on ballots.	4637

(D) "Central counting station" means a location, or one of a	4638
number of locations, designated by the board of elections for the	4639
automatic examining, sorting, or counting of ballots.	4640

(E) "Voting machines" means mechanical or electronic	4641
equipment for the direct recording and tabulation of votes.	4642

(F) "Direct recording electronic voting machine" means a	4643
voting machine that records votes by means of a ballot display	4644
provided with mechanical or electro-optical components that can be	4645
actuated by the voter, that processes the data by means of a	4646
computer program, and that records voting data and ballot images	4647
in internal or external memory components. A "direct recording	4648
electronic voting machine" produces a tabulation of the voting	4649
data stored in a removable memory component and in printed copy.	4650

(G) "Help America Vote Act of 2002" means the "Help America	4651
Vote Act of 2002," Public Law 107-252, 116 Stat. 1666.	4652

(H) "Voter verified paper audit trail" means a physical paper	4653
printout on which the voter's ballot choices, as registered by a	4654
direct recording electronic voting machine, are recorded. The	4655
voter shall be permitted to visually or audibly inspect the	4656
contents of the physical paper printout. The physical paper	4657
printout shall be securely retained at the polling place until the	4658
close of the polls on the day of the election; the secretary of	4659
state shall adopt rules under Chapter 119. of the Revised Code	4660
specifying the manner of storing the physical paper printout at	4661
the polling place. After the physical paper printout is produced,	4662
but before the voter's ballot is recorded, the voter shall have an	4663
opportunity to accept or reject the contents of the printout as	4664
matching the voter's ballot choices. If a voter rejects the	4665
contents of the physical paper printout, the system that produces	4666
the voter verified paper audit trail shall invalidate the printout	4667
and permit the voter to recast the voter's ballot. On and after	4668
the first federal election that occurs after January 1, 2006,	4669
unless required sooner by the Help America Vote Act of 2002, any	4670
system that produces a voter verified paper audit trail shall be	4671
accessible to disabled voters, including visually impaired voters,	4672
in the same manner as the direct recording electronic voting	4673
machine that produces it.	4674

Sec. 3506.05.  (A) As used in this section, except when used	4675
as part of the phrase "tabulating equipment" or "automatic	4676
tabulating equipment":	4677

(1) "Equipment" means a voting machine, marking device,	4678
automatic tabulating equipment, or software.	4679

(2) "Vendor" means the person that owns, manufactures,	4680
distributes, or has the legal right to control the use of	4681
equipment, or the person's agent.	4682

(B) No voting machine, marking device, automatic tabulating	4683
equipment, or software for the purpose of casting or tabulating	4684
votes or for communications among systems involved in the	4685
tabulation, storage, or casting of votes shall be purchased,	4686
leased, put in use, or continued to be used, except for	4687
experimental use as provided in division (B) of section 3506.04 of	4688
the Revised Code, unless it, a manual of procedures governing its	4689
use, and training materials, service, and other support	4690
arrangements have been certified by the secretary of state and	4691
unless the board of elections of each county where the equipment	4692
will be used has assured that a demonstration of the use of the	4693
equipment has been made available to all interested electors. The	4694
secretary of state shall appoint a board of voting machine	4695
examiners to examine and approve equipment and its related manuals	4696
and support arrangements. The board shall consist of one competent	4697
and experienced election officer and two persons who are	4698
knowledgeable about the operation of such equipment, who shall	4699
serve during the secretary of state's term.	4700

For the member's service, each member of the board shall	4701
receive three hundred dollars per day for each combination of	4702
marking device, tabulating equipment, and voting machine examined	4703
and reported, but in no event shall a member receive more than six	4704
hundred dollars to examine and report on any one marking device,	4705
item of tabulating equipment, or voting machine. Each member of	4706
the board shall be reimbursed for expenses the member incurs	4707
during an examination or during the performance of any related	4708
duties that may be required by the secretary of state.	4709
Reimbursement of these expenses shall be made in accordance with,	4710
and shall not exceed, the rates provided for under section 126.31	4711
of the Revised Code.	4712

Neither the secretary of state nor the board, nor any public	4713
officer who participates in the authorization, examination,	4714
testing, or purchase of equipment, shall have any pecuniary	4715
interest in the equipment or any affiliation with the vendor.	4716

(C)(1) A vendor who desires to have the secretary of state	4717
certify equipment shall first submit the equipment, all current	4718
related procedural manuals, and a current description of all	4719
related support arrangements to the board of voting machine	4720
examiners for examination, testing, and approval. The submission	4721
shall be accompanied by a fee of eighteen hundred dollars and a	4722
detailed explanation of the construction and method of operation	4723
of the equipment, a full statement of its advantages, and a list	4724
of the patents and copyrights used in operations essential to the	4725
processes of vote recording and tabulating, vote storage, system	4726
security, and other crucial operations of the equipment as may be	4727
determined by the board. An additional fee, in an amount to be set	4728
by rules promulgated by the board, may be imposed to pay for the	4729
costs of alternative testing or testing by persons other than	4730
board members, record-keeping, and other extraordinary costs	4731
incurred in the examination process. Moneys not used shall be	4732
returned to the person or entity submitting the equipment for	4733
examination.	4734

(2) Fees collected by the secretary of state under this	4735
section shall be deposited into the state treasury to the credit	4736
of the board of voting machine examiners fund, which is hereby	4737
created. All moneys credited to this fund shall be used solely for	4738
the purpose of paying for the services and expenses of each member	4739
of the board or for other expenses incurred relating to the	4740
examination, testing, reporting, or certification of voting	4741
machine devices, the performance of any related duties as required	4742
by the secretary of state, or the reimbursement of any person	4743
submitting an examination fee as provided in this chapter.	4744

(D) Within sixty days after the submission of the equipment	4745
and payment of the fee, or as soon thereafter as is reasonably	4746
practicable, but in any event within not more than ninety days	4747
after the submission and payment, the board of voting machine	4748
examiners shall examine the equipment and file with the secretary	4749
of state a written report on the equipment with its	4750
recommendations and its determination or condition of approval	4751
regarding whether the equipment, manual, and other related	4752
materials or arrangements meet the criteria set forth in sections	4753
3506.07 and 3506.10 of the Revised Code and can be safely used by	4754
the voters at elections under the conditions prescribed in Title	4755
XXXV of the Revised Code, or a written statement of reasons for	4756
which testing requires a longer period. The board may grant	4757
temporary approval for the purpose of allowing experimental use of	4758
equipment. If the board finds that the equipment meets the	4759
criteria set forth in sections 3506.06, 3506.07, and 3506.10 of	4760
the Revised Code, can be used safely and can be depended upon to	4761
record and count accurately and continuously the votes of	4762
electors, and has the capacity to be warranted, maintained, and	4763
serviced, it shall approve the equipment and recommend that the	4764
secretary of state certify the equipment. The secretary of state	4765
shall notify all boards of elections of any such certification.	4766
Equipment of the same model and make, if it provides for recording	4767
of voter intent, system security, voter privacy, retention of	4768
vote, and communication of voting records in an identical manner,	4769
may then be adopted for use at elections.	4770

(E) The vendor shall notify the secretary of state, who shall	4771
then notify the board of voting machine examiners, of any	4772
enhancement and any significant adjustment to the hardware or	4773
software that could result in a patent or copyright change or that	4774
significantly alters the methods of recording voter intent, system	4775
security, voter privacy, retention of the vote, communication of	4776
voting records, and connections between the system and other	4777
systems. The vendor shall provide the secretary of state with an	4778
updated operations manual for the equipment, and the secretary of	4779
state shall forward the manual to the board. Upon receiving such a	4780
notification and manual, the board may require the vendor to	4781
submit the equipment to an examination and test in order for the	4782
equipment to remain certified. The board or the secretary of state	4783
shall periodically examine, test, and inspect certified equipment	4784
to determine continued compliance with the requirements of this	4785
chapter and the initial certification. Any examination, test, or	4786
inspection conducted for the purpose of continuing certification	4787
of any equipment in which a significant problem has been uncovered	4788
or in which a record of continuing problems exists shall be	4789
performed pursuant to divisions (C) and (D) of this section, in	4790
the same manner as the examination, test, or inspection is	4791
performed for initial approval and certification.	4792

(F) If, at any time after the certification of equipment, the	4793
board of voting machine examiners or the secretary of state is	4794
notified by a board of elections of any significant problem with	4795
the equipment or determines that the equipment fails to meet the	4796
requirements necessary for approval or continued compliance with	4797
the requirements of this chapter, or if the board of voting	4798
machine examiners determines that there are significant	4799
enhancements or adjustments to the hardware or software, or if	4800
notice of such enhancements or adjustments has not been given as	4801
required by division (E) of this section, the secretary of state	4802
shall notify the users and vendors of that equipment that	4803
certification of the equipment may be withdrawn.	4804

(G)(1) The notice given by the secretary of state under	4805
division (F) of this section shall be in writing and shall specify	4806
both of the following:	4807

(a) The reasons why the certification may be withdrawn;

4808

(b) The date on which certification will be withdrawn unless	4809
the vendor takes satisfactory corrective measures or explains why	4810
there are no problems with the equipment or why the enhancements	4811
or adjustments to the equipment are not significant.	4812

(2) A vendor who receives a notice under division (F) of this	4813
section shall, within thirty days after receiving it, submit to	4814
the board of voting machine examiners in writing a description of	4815
the corrective measures taken and the date on which they were	4816
taken, or the explanation required under division (G)(1)(b) of	4817
this section.	4818

(3) Not later than fifteen days after receiving a written	4819
description or explanation under division (G)(2) of this section	4820
from a vendor, the board shall determine whether the corrective	4821
measures taken or the explanation is satisfactory to allow	4822
continued certification of the equipment, and the secretary of	4823
state shall send the vendor a written notice of the board's	4824
determination, specifying the reasons for it. If the board has	4825
determined that the measures taken or the explanation given is	4826
unsatisfactory, the notice shall include the effective date of	4827
withdrawal of the certification. This date may be different from	4828
the date originally specified in division (G)(1)(b) of this	4829
section.	4830

(4) A vendor who receives a notice under division (G)(3) of	4831
this section indicating a decision to withdraw certification may,	4832
within thirty days after receiving it, request in writing that the	4833
board hold a hearing to reconsider its decision. Any interested	4834
party shall be given the opportunity to submit testimony or	4835
documentation in support of or in opposition to the board's	4836
recommendation to withdraw certification. Failure of the vendor to	4837
take appropriate steps as described in division (G)(1)(b) or to	4838
comply with division (G)(2) of this section results in a waiver of	4839
the vendor's rights under division (G)(4) of this section.	4840

(H)(1) The secretary of state, in consultation with the board	4841
of voting machine examiners, shall establish, by rule, guidelines	4842
for the approval, certification, and continued certification of	4843
the voting machines, marking devices, and tabulating equipment to	4844
be used under Title XXXV of the Revised Code. The guidelines shall	4845
establish procedures requiring vendors or computer software	4846
developers to place in escrow with an independent escrow agent	4847
approved by the secretary of state a copy of all source code and	4848
related documentation, together with periodic updates as they	4849
become known or available. The secretary of state shall require	4850
that the documentation include a system configuration and that the	4851
source code include all relevant program statements in low- or	4852
high-level languages. As used in this division, "source code" does	4853
not include variable codes created for specific elections.	4854

(2) Nothing in any rule adopted under division (H) of this	4855
section shall be construed to limit the ability of the secretary	4856
of state to follow or adopt, or to preclude the secretary of state	4857
from following or adopting, any guidelines proposed by the federal	4858
election commission, any entity authorized by the federal election	4859
commission to propose guidelines, the election assistance	4860
commission, or any entity authorized by the election assistance	4861
commission to propose guidelines.	4862

(3)(a) Before the initial certification of any direct	4863
recording electronic voting machine with a voter verified paper	4864
audit trail, and as a condition for the continued certification	4865
and use of those machines, the secretary of state shall establish,	4866
by rule, standards for the certification of those machines. Those	4867
standards shall include, but are not limited to, all of the	4868
following:	4869

(i) A definition of a voter verified paper audit trail as a	4870
paper record of the voter's choices that is verified by the voter	4871
prior to the casting of the voter's ballot and that is securely	4872
retained by the board of elections;	4873

(ii) Requirements that the voter verified paper audit trail	4874
shall not be retained by any voter and shall not contain	4875
individual voter information;	4876

(iii) A prohibition against the production by any direct	4877
recording electronic voting machine of anything that legally could	4878
be removed by the voter from the polling place, such as a receipt	4879
or voter confirmation;	4880

(iv) A requirement that paper used in producing a voter	4881
verified paper audit trail be sturdy, clean, and resistant to	4882
degradation.;	4883

(v) A requirement that the voter verified paper audit trail	4884
shall be capable of being optically scanned for the purpose of	4885
conducting a recount or other audit of the voting machine and	4886
shall be readable in a manner that makes the voter's ballot	4887
choices obvious to the voter without the use of computer or	4888
electronic codes;	4889

(vi) A requirement, for office-type ballots, that the voter	4890
verified paper audit trail include the name of each candidate	4891
selected by the voter;	4892

(vii) A requirement, for questions and issues ballots, that	4893
the voter verified paper audit trail include the title of the	4894
question or issue, the name of the entity that placed the question	4895
or issue on the ballot, and the voter's ballot selection on that	4896
question or issue, but not the entire text of the question or	4897
issue.	4898

(b) The secretary of state, by rule adopted under Chapter	4899
119. of the Revised Code, may waive the requirement under division	4900
(H)(3)(a)(v) of this section, if the secretary of state determines	4901
that the requirement is cost prohibitive.	4902

Sec. 3506.12.  In counties where marking devices, automatic	4903
tabulating equipment, voting machines, or any combination of these	4904
are in use or are to be used, the board of elections:	4905

(A) May combine, rearrange, and enlarge precincts; but the	4906
board shall arrange for a sufficient number of these devices to	4907
accommodate the number of electors in each precinct as determined	4908
by the number of votes cast in that precinct at the most recent	4909
election for the office of governor, taking into consideration the	4910
size and location of each selected polling place, available	4911
parking, handicap accessibility and other accessibility to the	4912
polling place, and the number of candidates and issues to be voted	4913
on. Notwithstanding section 3501.22 of the Revised Code, the board	4914
may appoint more than four precinct officers to each precinct if	4915
this is made necessary by the number of voting machines to be used	4916
in that precinct.	4917

(B) Except as otherwise provided in this division, shall	4918
establish one or more counting stations to receive voted ballots	4919
and other precinct election supplies after the polling precincts	4920
are closed. Those stations shall be under the supervision and	4921
direction of the board of elections. Processing and counting of	4922
voted ballots, and the preparation of summary sheets, shall be	4923
done in the presence of witnessesobservers approved by the board.	4924
A certified copy of the summary sheet for the precinct shall be	4925
posted at each counting station immediately after completion of	4926
the summary sheet.	4927

In counties where punch card ballots are used, one or more	4928
counting stations, located at the board of elections, shall be	4929
established, at which location all punch card ballots shall be	4930
counted.	4931

As used in this division, "punch card ballot" has the same	4932
meaning as in section 3506.16 of the Revised Code.	4933

Sec. 3506.13.  In precincts where marking devices, automatic	4934
tabulating equipment, voting machines, or any combination of these	4935
are used, challengers and witnessesobservers may be appointed as	4936
prescribed in section 3505.21 of the Revised Code. The duties and	4937
privileges of challengersobservers in such precincts during the	4938
hours the polls are open, shall be as provided in section 3505.21	4939
of the Revised Code.	4940

ChallengersObservers shall be allowed to remain in the	4941
polling place after the polls close and may observe the processing	4942
of the ballots and the sealing and signing of the envelopes or	4943
containers or both containing the voted ballots.	4944

Witnesses shall not be allowed in the polling place, but	4945
shall file their certificates of appointment at the proper	4946
counting station after the polls close, and may observe all	4947
functions there.	4948

Sec. 3506.19.  On and after the first federal election that	4949
occurs after January 1, 2006, unless required sooner by the Help	4950
America Vote Act of 2002, each polling location shall have	4951
available for use at all elections at least one direct recording	4952
electronic voting machine or marking device that is accessible for	4953
individuals with disabilities, including nonvisual accessibility	4954
for the blind and visually impaired, in a manner that provides the	4955
same opportunity for access and participation, including privacy	4956
and independence, as for other voters.	4957

Sec. 3506.20.  Any county that uses direct recording	4958
electronic voting machines with a voter verified paper audit trail	4959
as the primary voting system for the county and not only for	4960
accessibility for individuals with disabilities under section	4961
3506.19 of the Revised Code, within two months after the day of	4962
each general election in which a county office or a county	4963
question or issue is on the ballot, shall conduct a complete	4964
recount of any one county office or issue voted on at that	4965
election using the voter verified paper audit trail produced by	4966
those machines. The county office or county question or issue to	4967
be recounted shall be selected at random from all of the county	4968
offices, questions, and issues voted upon at that election. A	4969
recount conducted under this section shall be for the purpose of	4970
verifying the accuracy of those machines and shall not change the	4971
result of the election as determined by the official canvass of	4972
the election returns for that election.	4973

Sec. 3506.21. (A) As used in this section, "optical scan	4974
ballot" means a ballot that is marked by using a specified writing	4975
instrument to fill in a designated position to record a voter's	4976
candidate, question, or issue choice and that can be scanned and	4977
electronically read in order to tabulate the vote.	4978

(B)(1) In addition to marks that can be scanned and	4979
electronically read by automatic tabulating equipment, any of the	4980
following marks, if a majority of those marks are made in a	4981
consistent manner throughout an optical scan ballot, shall be	4982
counted as a valid vote:	4983

(a) A candidate, question, or issue choice that has been	4984
underlined by the voter;	4985

(b) A candidate, question, or issue choice that has been	4986
circled by the voter;	4987

(c) An arrow or oval beside the candidate, question, or issue	4988
choice that has been circled by the voter;	4989

(d) An arrow or oval beside the candidate, question, or issue	4990
choice that has been marked by the voter with an "x," a check	4991
mark, or other recognizable mark;	4992

(e) A candidate, question, or issue choice that has been	4993
marked with a writing instrument that cannot be recognized by	4994
automatic tabulating equipment.	4995

(2) Marks made on an optical scan ballot in accordance with	4996
division (B)(1) of this section shall be counted as valid votes	4997
only if that optical scan ballot contains no marks that can be	4998
scanned and electronically read by automatic tabulating equipment.	4999

(C) The secretary of state may adopt rules under Chapter 119.	5000
of the Revised Code to authorize additional types of optical scan	5001
ballots and to specify the types of marks on those ballots that	5002
shall be counted as a valid vote to ensure consistency in the	5003
counting of ballots throughout the state.	5004

Sec. 3509.02.  (A) Any qualified elector who meets any of the	5005
following qualifications may vote by absent voter's ballots at an	5006
election:	5007

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

5008

(2) The elector's employment as a full-time fire fighter,	5009
full-time peace officer as defined in division (B) of section	5010
2935.01 of the Revised Code, or full-time provider of emergency	5011
medical services may prevent the elector from voting at the	5012
elector's polling place on the day of the election.	5013

(3) The elector is a member of the organized militia, serving	5014
on active duty within this state, and will be unable to vote on	5015
election day on account of that active duty.	5016

(4) The elector will be absent from the elector's polling	5017
place on the day of an election because of the elector's entry or	5018
the entry of a member of the elector's family into a hospital for	5019
medical or surgical treatment.	5020

(5) The elector is confined in a jail or workhouse under	5021
sentence for a misdemeanor or is awaiting trial on a felony or	5022
misdemeanor charge.	5023

(6) The elector will be unable to vote on the day of an	5024
election on account of observance of the elector's religious	5025
belief.	5026

(7) The elector will be absent from the county in which the	5027
elector's voting residence is located on the day of an election.	5028

(8) The elector has a physical disability, illness, or	5029
infirmity.	5030

(B) Any qualified elector who is unable to appear at the	5031
office of the board of elections or other location designated by	5032
the board on account of personal illness, physical disability, or	5033
infirmity, and who moves from one precinct to another within a	5034
county or, changes his or herthe elector's name and moves from	5035
one precinct to another within thea county, or moves from one	5036
county to another county within the state, on or prior to the day	5037
of a general, primary, or special election and has not filed a	5038
notice of change of residence or change of name may vote by absent	5039
voter's ballots in that election as specified in division (B) or	5040
(G) of section 3503.16 of the Revised Code. Any qualified elector	5041
who moves from one county to another county within the state on or	5042
prior to the day of the election at which the elector offers to	5043
vote and has not filed a notice of change of residence may vote by	5044
absent voter's ballots at that election as specified in division	5045
(C) of section 3503.16 of the Revised Code.	5046

(C) The secretary of state, an employee of the secretary of	5047
state, a member or employee of the board of elections or any	5048
person hired by the board to work at the office of the board	5049
temporarily for a specific election, or a polling place official,	5050
who is a qualified elector may vote by absent voter's ballots.	5051
Application shall be made to the board of elections of the county	5052
where his voting residence is situated.	5053

Sec. 3509.03.  Except as provided in division (B) or (C) of	5054
section 3503.16, section 3509.031, or division (B) of section	5055
3509.08 of the Revised Code, any personqualified elector desiring	5056
to vote absent voter's ballots at an election shall make written	5057
application for such ballots to the director of elections of the	5058
county in which such person'sthe elector's voting residence is	5059
located. The application need not be in any particular form but	5060
shall contain words which, liberally construed, indicate the	5061
request for ballots, the election for which such ballots are	5062
requested, and, if the request is for primary election ballots,	5063
the person's party affiliation. The application for such ballots	5064
shall state that the person requesting the ballots is a qualified	5065
elector, and the reason for the person's absence from the polls on	5066
election day. The application shall include sufficient information	5067
to enable the director to determine the precinct in which the	5068
applicant's voting residence is located and shall be signed by the	5069
applicant. If the applicant desires ballots to be mailed to the	5070
applicant, the application shall state the mailing addressall of	5071
the following:	5072

(A) The elector's name;

5073

(B) The elector's signature;

5074

(C) The address at which the elector is registered to vote;

5075

(D) The elector's date of birth;

5076

(E) One of the following:

5077

(1) The elector's driver's license number;

5078

(2) The last four digits of the elector's social security	5079
number;	5080

(3) A copy of the elector's current and valid photo	5081
identification or a copy of a current utility bill, bank	5082
statement, government check, paycheck, or other government	5083
document that shows the name and address of the elector.	5084

(F) A statement identifying the election for which absent	5085
voter's ballots are requested;	5086

(G) A statement that the person requesting the ballots is a	5087
qualified elector;	5088

(H) If the request is for primary election ballots, the	5089
elector's party affiliation;	5090

(I) If the elector desires ballots to be mailed to the	5091
elector, the address to which those ballots shall be mailed.	5092

A voter who will be outside the United States on the day of	5093
any election during a calendar year may use a single federal post	5094
card application to apply for absent voter's ballots. Such ballots	5095
shall be sent to the voter for use at the primary and general	5096
elections in that year and any special election to be held on the	5097
day in that year specified by division (E) of section 3501.01 of	5098
the Revised Code for the holding of a primary election, designated	5099
by the general assembly for the purpose of submitting	5100
constitutional amendments proposed by the general assembly to the	5101
voters of the state unless the voter reports a change in the	5102
voter's voting status to the board of elections or the voter's	5103
intent to vote in any such election in the precinct in this state	5104
where hethe voter is registered to vote. Such anA single federal	5105
postcard application shall be processed by the board of elections	5106
pursuant to section 3509.04 of the Revised Code the same as if the	5107
voter had applied separately for absent voter's ballots for each	5108
election. When mailing absent voter's ballots to a voter who	5109
applied for them by single federal post card application, the	5110
board shall enclose notification to the voter that the voter must	5111
report to the board subsequent changes in the voter's voting	5112
status or the voter's subsequent intent to vote in any such	5113
election in the precinct in this state where the voter is	5114
registered to vote. Such notification shall be in a form	5115
prescribed by the secretary of state. As used in this section,	5116
"voting status" means the voter's name at the time the voter	5117
applied for absent voter's ballots by single federal post card	5118
application and the voter's address outside the United States to	5119
which the voter requested that such ballots be sent.	5120

Each application for absent voter's ballots shall be	5121
delivered to the director not earlier than the first day of	5122
January of the year of the elections for which the absent voter's	5123
ballots are requested or not earlier than ninety days before the	5124
day of the election at which the ballots are to be voted,	5125
whichever is earlier, and not later than twelve noon of the third	5126
day before the day of the election at which such ballots are to be	5127
voted, or not later than the close of regular business hours on	5128
the day before the day of the election at which the absent voter's	5129
ballots are to be voted if the application is delivered in person	5130
to the office of the board.	5131

Sec. 3509.031. (A) Any qualified elector who is a member of	5132
the organized militia called to active duty within the state of	5133
Ohio and who will be unable to vote on election day on account of	5134
such active duty may make written application for absent voter's	5135
ballots to the director of elections for the county in which his	5136
the elector's voting residence is located. The elector may	5137
personally deliver such application to the director or may mail,	5138
send it by facsimile machine, or otherwise send it to the	5139
director. Such application need not be in any particular form but	5140
shall contain the applicant's signature. The application need only	5141
contain words which, liberally construed, indicate the request for	5142
ballots, the election for which such ballots are requested and, if	5143
the request is for primary election ballots, the party affiliation	5144
of the applicant. The applicant should indicate that the applicant	5145
is a qualified elector, and that the applicant is a member of the	5146
organized militia serving on active duty within the state of Ohio.	5147
Sufficient information should be included to enable the director	5148
to determine the precinct in which his voting residence is	5149
located. If the applicant desires that such ballots be mailed to	5150
him, the application shall state the address to which they shall	5151
be mailed. If the applicant desires that the absent voter's	5152
ballots be sent to the applicant by facsimile machine, the	5153
application shall stateall of the following:	5154

(1) The elector's name;

5155

(2) The elector's signature;

5156

(3) The address at which the elector is registered to vote;

5157

(4) The elector's date of birth;

5158

(5) One of the following:

5159

(a) The elector's driver's license number;

5160

(b) The last four digits of the elector's social security	5161
number;	5162

(c) A copy of the elector's current and valid photo	5163
identification or a copy of a current utility bill, bank	5164
statement, government check, paycheck, or other government	5165
document that shows the name and address of the elector.	5166

(6) A statement identifying the election for which absent	5167
voter's ballots are requested;	5168

(7) A statement that the person requesting the ballots is a	5169
qualified elector;	5170

(8) A statement that the elector is a member of the organized	5171
militia serving on active duty within the state of Ohio;	5172

(9) If the request is for primary election ballots, the	5173
elector's party affiliation;	5174

(10) If the elector desires ballots to be mailed to the	5175
elector, the address to which those ballots shall be mailed;	5176

(11) If the elector desires ballots to be sent to the elector	5177
by facsimile machine, the telephone number to which they shall be	5178
so sent.	5179

(B) Application to have suchabsent voter's ballots mailed or	5180
sent by facsimile machine to such persona qualified elector who	5181
is a member of the organized militia called to active duty within	5182
the state of Ohio who will be unable to vote on election day on	5183
account of such active duty may be made by the spouse of the	5184
militia member, the father, mother, father-in-law, mother-in-law,	5185
grandfather, grandmother, brother or sister of the whole blood or	5186
half blood, son, daughter, adopting parent, adopted child,	5187
stepparent, stepchild, uncle, aunt, nephew, or niece of such	5188
person. The application shall be in writing upon a blank form	5189
furnished only by the director. The form of the application shall	5190
be prescribed by the secretary of state. The director shall	5191
furnish such blank form to any of the relatives specified in this	5192
section, desiring to make such application, only upon the request	5193
of such relative in person at the office of the board or upon the	5194
written request of such relative mailed to the office of the	5195
board. Such application, subscribed and sworn to by such	5196
applicant, shall contain all of the following:	5197

(A) Full(1) The full name of personthe elector for whom	5198
ballots are requested;	5199

(B) Statement(2) A statement that such person is a qualified	5200
elector and that such person has a residence in the county and	5201
information as to the location of such voting residence;	5202

(C) Statement that such person(3) The address at which the	5203
elector is registered to vote;	5204

(4) The elector's date of birth;

5205

(5) One of the following:

5206

(a) The elector's driver's license number;

5207

(b) The last four digits of the elector's social security	5208
number;	5209

(c) A copy of the elector's current and valid photo	5210
identification or a copy of a current utility bill, bank	5211
statement, government check, paycheck, or other government	5212
document that shows the name and address of the elector.	5213

(6) A statement identifying the election for which absent	5214
voter's ballots are requested;	5215

(7) A statement that the elector is a member of the organized	5216
militia serving on active duty within the state of Ohio;	5217

(D) Statement(8) If the request is for primary election	5218
ballots, the elector's party affiliation;	5219

(9) A statement that the applicant bears a relationship to	5220
such personthe elector as specified in division (B) of this	5221
section;	5222

(E) Election for which ballots are requested, and, if for a	5223
primary election, party affiliation of persons for whom ballots	5224
are requested;	5225

(F) Address(10) The address to which ballots shall be mailed	5226
or telephone number to which ballots shall be sent by facsimile	5227
machine;	5228

(G) Signature(11) The signature and address of the person	5229
making the application.	5230

(C) Applications to have absent voter's ballots mailed or	5231
sent by facsimile machine shall not be valid if dated, postmarked,	5232
or received by the director prior to the ninetieth day before the	5233
day of the election for which ballots are requested or if	5234
delivered to such director later than twelve noon of the third day	5235
preceding the day of such election. If, after the ninetieth day	5236
and before four p.m. of the day before the day of an election, a	5237
valid application for absent voter's ballots is delivered to the	5238
director of elections at the office of the board by a militia	5239
member making such application in histhe militia member's own	5240
behalf, the director shall forthwith deliver to such militia	5241
member all absent voter's ballots then ready for use, together	5242
with an identification envelope. Such militia member shall then	5243
vote such ballots in the manner provided in section 3509.05 of the	5244
Revised Code.	5245

Sec. 3509.04. (A) If a director of a board of elections	5246
receives an application for absent voter's ballots that does not	5247
contain all of the required information, the director promptly	5248
shall notify the applicant of the additional information required	5249
to be provided by the applicant to complete that application.	5250

(B) Upon receipt by the director of elections of an	5251
application for absent voter's ballots that contain all of the	5252
required information, as provided by sections 3509.03 and	5253
3509.031, and division (G) of section 3503.16, of the Revised	5254
Code, the director, if the director finds that the applicant is a	5255
qualified elector and is entitled to vote absent voter's ballots	5256
as applied for in the application, shall deliver to the applicant	5257
in person or mail directly to the applicant by special delivery	5258
mail, air mail, or regular mail, postage prepaid, proper absent	5259
voter's ballots. The director shall give proper absent voter's	5260
ballots to any qualified elector who presents self to vote at the	5261
office of the board of elections or at another location designated	5262
by the board as provided in division (B) or (C) of section 3503.16	5263
of the Revised Code. The director shall give, deliver, or mail	5264
with the ballots an unsealed identification envelope upon the face	5265
of which shall be printed a form substantially as follows:	5266

"Identification Envelope Statement of Voter

5267

I, the undersigned voter........................(Name of	5268
voter), declare under penalty of election falsification that the	5269
within ballot or ballots contained no voting marks of any kind	5270
when I received them, and I caused the ballot or ballots to be	5271
marked, enclosed in the identification envelope, and sealed in	5272
that envelope.	5273

My voting residence in Ohio is

5274

...................................................................

5275

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

5276

of ................................ (City, Village, or Township)	5277
Ohio, which is in Ward ............... Precinct ................	5278
in that city, village, or township.	5279

.....I am a qualified elector of the state of Ohio. (Applicant	5280
must check the true statement concerning the applicant's	5281
reason for voting by absent voter's ballots)	5282

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

5283

.....I shall be outside the United States on the day of the	5284
election. (Applicants who check this statement must also	5285
check the appropriate box on the enclosed return envelope to	5286
indicate that they will be outside the United States.)	5287

.....I shall be absent from my polling place on the day of the	5288
election due to my entry or the entry of a member of my	5289
family into a hospital for medical or surgical treatment.	5290

.....I shall be absent from my polling place on the day of the	5291
election due to physical illness, disability, or infirmity.	5292

.....My employment as a full-time fire fighter, peace officer, or	5293
provider of emergency medical services may prevent me from	5294
voting at my polling place on the day of the election.	5295

.....I shall be absent from my polling place on the day of the	5296
election because I am on active duty with the organized	5297
militia in the state of Ohio.	5298

.....I shall be unable to vote on election day because of	5299
observance of my religious belief.	5300

.....I am the secretary of state.

5301

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

5302

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

5303

.....I am an employee of or person temporarily hired by the board	5304
of elections.	5305

.....I am a polling place official.

5306

.....I shall be absent from my polling place on the day of the	5307
election due to my confinement in a jail or workhouse under	5308
sentence for a misdemeanor or awaiting trial on a felony or	5309
misdemeanor.	5310

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

5311

.....I moved from one precinct to another in the same county or	5312
from one county to another on or prior to the day of an	5313
election and did not file a notice of change of residence.	5314

.....I changed my name on or prior to the day of an election and	5315
did not file a notice of change of name.	5316

The primary election ballots, if any, within this envelope	5317
are primary election ballots of the ............. Party.	5318

Ballots contained hereinwithin this envelope are to be voted	5319
at the .......... (general, special, or primary) election to be	5320
held on the .......................... day of	5321
......................, ....	5322

My date of birth is ............... (Month and Day),	5323
.......... (Year).	5324

(Voter must provide one of the following:)

5325

My driver's license number is ............... (Driver's	5326
license number).	5327

The last four digits of my Social Security Number are	5328
............... (Last four digits of Social Security Number).	5329

...... In lieu of providing a driver's license number or the	5330
last four digits of my Social Security Number, I am enclosing a	5331
copy of one of the following in the return envelope in which this	5332
identification envelope will be mailed: a current and valid photo	5333
identification or a current utility bill, bank statement,	5334
government check, paycheck, or other government document that	5335
shows my name and address.	5336

I hereby declare, under penalty of election falsification,	5337
that the statements above are true, as I verily believe.	5338

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	5341
THE FIFTH DEGREE."	5342

The director shall mail with the ballots and the unsealed	5343
identification envelope that the director mails an unsealed return	5344
envelope upon the face of which shall be printed the official	5345
title and post-office address of suchthe director. In the upper	5346
left corner on the face of suchthe return envelope, several blank	5347
lines shall be printed upon which the voter may write the voter's	5348
name and return address, and beneath these lines there shall be	5349
printed a box beside the words "check if out-of-country." The	5350
voter shall check this box if the voter will be outside the United	5351
States on the day of the election. The return envelope shall be of	5352
such size that the identification envelope can be conveniently	5353
placed within it for returning suchthe identification envelope to	5354
the director.	5355

Sec. 3509.05.  (A) When an elector receives an absent voter's	5356
ballot, pursuant to histhe elector's application or request	5357
therefor, is received by the elector, hethe elector shall, before	5358
placing any marks thereonon the ballot, note whether there are	5359
any voting marks on the ballotit. In the eventIf there are any	5360
voting marks, the ballot shall be returned immediately to the	5361
board of elections; otherwise hethe elector shall cause the	5362
ballot to be marked, folded in sucha manner that the stub thereon	5363
on it and the indorsements and facsimile signatures of the members	5364
of the board of elections on the back thereofof it are visible,	5365
and placed and sealed within the identification envelope received	5366
from the director of elections for that purpose. Then, the elector	5367
shall cause the statement of voter on the outside of the	5368
identification envelope to be completed and signed, under penalty	5369
of election falsification.	5370

If the elector does not provide the elector's driver's	5371
license number or the last four digits of the elector's social	5372
security number on the statement of voter on the identification	5373
envelope, the elector also shall include in the return envelope	5374
with the identification envelope a copy of the elector's current	5375
valid photo identification or a copy of a current utility bill,	5376
bank statement, government check, paycheck, or other government	5377
document that shows the name and address of the elector.	5378

The elector shall then mail the identification envelope to	5379
the director from whom it was received in the return envelope,	5380
postage prepaid, or hethe elector may personally deliver it to	5381
the director, or the spouse of the elector, the father, mother,	5382
father-in-law, mother-in-law, grandfather, grandmother, brother,	5383
or sister of the whole or half blood, or the son, daughter,	5384
adopting parent, adopted child, stepparent, stepchild, uncle,	5385
aunt, nephew, or niece of the elector may deliver it to the	5386
director, but the. The return envelope shall be transmitted to the	5387
director in no other manner, except as provided in section 3509.08	5388
of the Revised Code.	5389

Each elector who will be outside the United States on the day	5390
of the election shall check the box on the return envelope	5391
indicating this fact.	5392

When absent voter's ballots are delivered to an elector at	5393
the office of the board, the elector may retire to a voting	5394
compartment provided by the board and there mark the ballots.	5395
Thereupon hethe elector shall fold them, place them in the	5396
identification envelope provided, seal the identification	5397
envelope, fill in and sign the statement thereonon the envelope	5398
under penalty of election falsification, and deliver the envelope	5399
to the director of the board.	5400

Except as otherwise provided in divisions (B) and (C) of this	5401
section, all other envelopes containing marked absent voter's	5402
ballots, shall be delivered to the director not later than the	5403
close of the polls on the day of an election. Absent voter's	5404
ballots delivered to the director later than the times specified	5405
shall not be counted, but shall be kept by the board in the sealed	5406
identification envelopes in which they are delivered to the	5407
director, until the time provided by section 3505.31 of the	5408
Revised Code for the destruction of all other ballots used at the	5409
election for which ballots were provided, at which time they shall	5410
be destroyed.	5411

(B) Except as otherwise provided in division (C) of this	5412
section, any return envelope that indicates that the voter will be	5413
outside the United States on the day of the election shall be	5414
delivered to the director prior to the eleventh day after the	5415
election. Ballots delivered in such envelopes that are received	5416
after the close of the polls on election day through the tenth day	5417
thereafter shall be counted on the eleventh day at the board of	5418
elections in the manner provided in divisions (C) and (D) of	5419
section 3509.06 of the Revised Code. Any such ballots that are	5420
signed or postmarked after the close of the polls on the day of	5421
the election or that are received by the director later than the	5422
tenth day following the election shall not be counted, but shall	5423
be kept by the board in the sealed identification envelopes as	5424
provided in division (A) of this section.	5425

(C) In any year in which a presidential primary election is	5426
held, any return envelope that indicates that the voter will be	5427
outside the United States on the day of the presidential primary	5428
election shall be delivered to the director prior to the	5429
twenty-first day after that election. Ballots delivered in such	5430
envelopes that are received after the close of the polls on	5431
election day through the twentieth day thereafter shall be counted	5432
on the twenty-first day at the board of elections in the manner	5433
provided in divisions (C) and (D) of section 3509.06 of the	5434
Revised Code. Any such ballots that are signed or postmarked after	5435
the close of the polls on the day of that election or that are	5436
received by the director later than the twentieth day following	5437
that election shall not be counted, but shall be kept by the board	5438
in the sealed identification envelopes as provided in division (A)	5439
of this section.	5440

Sec. 3509.06.  (A) The board of elections shall determine	5441
whether absent voter's ballots shall be counted in each precinct,	5442
at the office of the board, or at some other location designated	5443
by the board, and shall proceed accordingly under division (B) or	5444
(C) of this section.	5445

(B) When the board of elections determines that absent	5446
voter's ballots shall be counted in each precinct, the director	5447
shall deliver to the presiding judge of each precinct on election	5448
day identification envelopes purporting to contain absent voter's	5449
ballots of electors whose voting residence appears from the	5450
statement of voter on the outside of each of such envelopes, to be	5451
located in such presiding judge's precinct, and which were	5452
received by the director not later than the close of the polls on	5453
election day. The director shall deliver to such presiding judge a	5454
list containing the name and voting residence of each person whose	5455
voting residence is in such precinct to whom absent voter's	5456
ballots were mailed.	5457

(C) When the board of elections determines that absent	5458
voter's ballots shall be counted at the office of the board of	5459
elections or at another location designated by the board, special	5460
election judges shall be appointed by the board for that purpose	5461
having the same authority as is exercised by precinct judges. The	5462
votes so cast shall be added to the vote totals by the board, and	5463
the absentee ballots shall be preserved separately by the board,	5464
in the same manner and for the same length of time as provided by	5465
section 3505.31 of the Revised Code.	5466

(D) Each of the envelopes purporting to contain absent	5467
voter's ballots delivered to the presiding judge of the precinct	5468
or the special judge appointed by the board of elections shall be	5469
handled as follows: The judge shall announce the name of the	5470
elector who appears to have signed the statement of voter on the	5471
outside of such envelope. In counties in which absent voter's	5472
ballots are counted in each precinct,election officials shall	5473
compare the signature of the elector on the outside of such	5474
envelope shall be compared with the signature of such elector on	5475
histhe elector's registration form and verify that the absent	5476
voter's ballot is eligible to be counted under section 3509.07 of	5477
the Revised Code. Any appointed challenger or any of the precinct	5478
officials may challenge the right of the elector named on such	5479
identification envelope to vote such absent voter's ballots upon	5480
the ground that the signature on such envelope is not the same as	5481
the signature on such registration form, or upon any other of the	5482
grounds upon which the right of persons to vote may be lawfully	5483
challenged. If no such challenge is made, or if such a challenge	5484
is made and not sustained, the presiding judge shall open the	5485
envelope without defacing the statement of voter and without	5486
mutilating the ballots therein, and shall remove the ballots	5487
contained therein and proceed to count them.	5488

The name of each person voting who is entitled to vote only	5489
an absent voter's presidential ballot shall be entered in a	5490
pollbook or poll list or signature pollbook followed by the words	5491
"Absentee Presidential Ballot." The name of each person voting an	5492
absent voter's ballot, other than such persons entitled to vote	5493
only a presidential ballot, shall be entered in the pollbook or	5494
poll list or signature pollbook and histhe person's registration	5495
card marked to indicate that hethe person has voted.	5496

The date of such election shall also be entered on the	5497
elector's registration form. If any such challenge is made and	5498
sustained, the identification envelope of such elector shall not	5499
be opened and shall be endorsed "Not Counted" with the reasons	5500
therefor, and shall be delivered to the board.	5501

(E) Special election judges or, employees or members of the	5502
board of elections, or observers shall not disclose the count or	5503
any portion of the count of absent voter's ballots prior to the	5504
time of the closing of the polling places. No person shall	5505
recklessly disclose the count or any portion of the count of	5506
absent voter's ballots in such a manner as to jeopardize the	5507
secrecy of any individual ballot.	5508

(F) Observers may be appointed under section 3505.21 of the	5509
Revised Code to witness the examination and the opening of	5510
identification envelopes and the counting of absent voter's	5511
ballots under this section.	5512

Sec. 3509.07.  If election officials find that the statement	5513
accompanying an absent voter's ballot or absent voter's	5514
presidential ballot is insufficient, that the signatures do not	5515
correspond with the person's registration signature, that the	5516
applicant is not a qualified elector in the precinct, that the	5517
ballot envelope contains more than one ballot of any one kind, or	5518
any voted ballot that the elector is not entitled to vote, or that	5519
Stub A is detached from the absent voter's ballot or absent	5520
voter's presidential ballot, or that the elector has not included	5521
with the elector's ballot any identification required under	5522
section 3509.05 or 3511.09 of the Revised Code, the vote shall not	5523
be accepted or counted. The vote of any absent voter may be	5524
challenged for cause in the same manner as other votes are	5525
challenged, and the election officials shall determine the	5526
legality of that ballot. Every ballot not counted shall be	5527
indorsed on its back "Not Counted" with the reasons the ballot was	5528
not counted, and shall be enclosed and returned to or retained by	5529
the board of elections along with the contested ballots.	5530

Sec. 3509.08.  (A) Any qualified elector, who, on account of	5531
the elector's own personal illness, physical disability, or	5532
infirmity, or on account of the elector's confinement in a jail or	5533
workhouse under sentence for a misdemeanor or awaiting trial on a	5534
felony or misdemeanor, will be unable to travel from the elector's	5535
home or place of confinement to the voting booth in the elector's	5536
precinct on the day of any general, special, or primary election	5537
may make application in writing for an absent voter's ballot to	5538
the director of the board of elections of the elector's county	5539
stating. The application shall include all of the information	5540
required under section 3509.03 of the Revised Code and shall state	5541
the nature of the elector's illness, physical disability, or	5542
infirmity, or the fact that the elector is confined in a jail or	5543
workhouse and the elector's resultant inability to travel to the	5544
election booth in the elector's precinct on election day. The	5545
application shall not be valid if it is delivered to the clerk	5546
director before the ninetieth day or after twelve noon of the	5547
third day before the day of the election at which such ballots are	5548
the ballot is to be voted.	5549

The absentee ballotsabsent voter's ballot may be mailed	5550
directly to the applicant at the applicant's voting residence or	5551
place of confinement as stated in the applicant's application, or	5552
the board may designate two board employees belonging to the two	5553
major political parties, for the purpose of delivering the ballots	5554
ballot to the disabled or confined elector and returning themit	5555
to the board, unless the applicant is confined to a public or	5556
private institution within the county, in which case the board	5557
shall designate two such employees for the purpose of delivering	5558
the ballotsballot to the disabled or confined elector and	5559
returning themit to the board. In all other instances, the	5560
ballotsballot shall be returned to the office of the board in the	5561
manner prescribed in section 3509.05 of the Revised Code.	5562

Any disabled or confined elector who declares to the two	5563
employees that the elector is unable to mark the elector's ballot	5564
by reason of physical infirmity, and such physical infirmitythat	5565
is apparent to the employees to be sufficient to incapacitate the	5566
voter from marking histhe elector's ballot properly, may receive,	5567
upon request, receive the assistance of the two employees in	5568
marking the elector's ballot, and they shall thereafter give no	5569
information in regard to this matter. Such assistance shall not be	5570
rendered for any other cause.	5571

When two board employees deliver ballotsa ballot to a	5572
disabled or confined elector, each of the employees shall be	5573
present when the ballots areballot is delivered, when assistance	5574
is given, and when the ballots areballot is returned to the	5575
office of the board, and shall subscribe to the declaration on the	5576
identification envelope.	5577

The secretary of state shall prescribe the form of	5578
application for absent voter's ballots under this division (A) of	5579
this section.	5580

Chapter 3509. of the Revised CodeThis chapter applies to	5581
disabled and confined absent voter's ballots except as otherwise	5582
provided in this section.	5583

(B)(1) Any qualified elector who is unable to travel to the	5584
voting booth in the elector's precinct on the day of any general,	5585
special, or primary election because of being confined in a	5586
hospital as a result of an accident or unforeseeable medical	5587
emergency occurring before the election, may apply to the director	5588
of the board of elections of the county where the elector is a	5589
qualified elector to vote in the election by absent voter's	5590
ballot. This application shall be made in writing, shall include	5591
all of the information required under section 3509.03 of the	5592
Revised Code, and shall be delivered to the director not later	5593
than three p.m. on the day of the election. The application shall	5594
indicate the hospital where the applicant is confined, the date of	5595
the applicant's admission to the hospital, and the offices for	5596
which the applicant is qualified to vote, and, if the applicant is	5597
requesting to vote in a primary election, the applicant's party	5598
affiliation. The applicant may also request that a member of the	5599
applicant's family, as listed in section 3509.05 of the Revised	5600
Code, deliver the absent voter's ballot to the applicant. The	5601
director, after establishing to the director's satisfaction the	5602
validity of the circumstances claimed by the applicant, shall	5603
supply an absent voter's ballot to be delivered to the applicant.	5604
When the applicant is in a hospital in the county where the	5605
applicant is a qualified elector and no request is made for a	5606
member of the family to deliver the ballot, the director shall	5607
arrange for the delivery of an absent voter's ballot to the	5608
applicant, and for its return to the office of the board, by two	5609
employees according to the procedures prescribed in division (A)	5610
of this section. When the applicant is in a hospital outside the	5611
county where the applicant is a qualified elector and no request	5612
is made for a member of the family to deliver the ballot, the	5613
director shall arrange for the delivery of an absent voter's	5614
ballot to the applicant by mail, and the ballot shall be returned	5615
to the office of the board in the manner prescribed in section	5616
3509.05 of the Revised Code.	5617

(2) Any qualified elector who is eligible to vote under	5618
division (B) or (C) of section 3503.16 of the Revised Code but is	5619
unable to do so because of the circumstances described in division	5620
(B)(1) of this section may vote in accordance with division (B)(1)	5621
of this section if that qualified elector states in the	5622
application for absent voter's ballots that that qualified elector	5623
moved or had a change of name under the circumstances described in	5624
division (B) or (C) of section 3503.16 of the Revised Code and if	5625
that qualified elector complies with divisions (G)(1) to (4) of	5626
section 3503.16 of the Revised Code.	5627

(C)Any qualified elector described in division (A) or (B)(1)	5628
of this section who needs no assistance to vote or to return	5629
absent voter's ballots to the board of elections may apply for	5630
absent voter's ballots under section 3509.03 of the Revised Code	5631
instead of applying for them under this section.	5632

Sec. 3509.09. (A) The poll list or signature pollbook for	5633
each precinct shall identify both of the following:	5634

(1) Each registered elector in that precinct who has	5635
requested an absent voter's ballot for that election;	5636

(2) Each registered elector in that precinct who has returned	5637
a sealed identification envelope purporting to contain the	5638
elector's voted absent voter's ballot for that election to the	5639
director of the board of elections of that county.	5640

(B)(1) If a registered elector appears to vote in that	5641
precinct and that elector has requested an absent voter's ballot	5642
for that election but the director has not received a sealed	5643
identification envelope purporting to contain that elector's voted	5644
absent voter's ballots for that election, the elector shall be	5645
permitted to cast a provisional ballot under section 3505.181 of	5646
the Revised Code in that precinct on the day of that election.	5647

(2) If a registered elector appears to vote in that precinct	5648
and that elector has requested an absent voter's ballot for that	5649
election and the director has received a sealed identification	5650
envelope purporting to contain that elector's voted absent voter's	5651
ballots for that election, the elector shall be permitted to cast	5652
a provisional ballot under section 3505.181 of the Revised Code in	5653
that precinct on the day of that election.	5654

(C)(1) In counting absent voter's ballots under section	5655
3509.06 of the Revised Code, the board of elections or the	5656
precinct election officials shall compare the poll list or the	5657
signature pollbook for each precinct with the name of each elector	5658
in that precinct from whom the director has received a sealed	5659
identification envelope purporting to contain that elector's voted	5660
absent voter's ballots for that election. Except as otherwise	5661
provided in division (C)(2) of this section, if the board of	5662
elections determines that an elector who cast a provisional ballot	5663
in the precinct on the day of the election also returned a sealed	5664
identification envelope for that election, the absent voter's	5665
ballot in the sealed identification envelope shall be counted, and	5666
the provisional ballot cast in the precinct on the day of the	5667
election shall not be counted.	5668

(2) The board of elections shall count the provisional	5669
ballot, instead of the absent voter's ballot, of an elector from	5670
whom the director has received an identification envelope	5671
purporting to contain that elector's voted absent voter's ballots,	5672
if both of the following apply:	5673

(a) The board of elections determines that the signature of	5674
the elector on the outside of the identification envelope in which	5675
the absent voter's ballots are enclosed does not match the	5676
signature of the elector on the elector's registration form;	5677

(b) The elector cast a provisional ballot in the precinct on	5678
the day of the election.	5679

If the board of elections counts a provisional ballot under	5680
this division, the identification envelope of that elector shall	5681
not be opened and the ballots within that envelope shall not be	5682
counted. The identification envelope shall be endorsed "Not	5683
Counted" with the reason the ballot was not counted.	5684

Sec. 3511.02. AnyNotwithstanding any section of the Revised	5685
Code to the contrary notwithstanding, whenever any person applies	5686
for registration as a voter on a form adopted in accordance with	5687
federal regulations relating to the "Uniformed and Overseas	5688
Citizens Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff	5689
(1986), this application shall be sufficient for voter	5690
registration and as a request for an absenteeabsent voter's	5691
ballot. Armed service absent voter's ballots may be obtained by	5692
any person meeting the requirements of section 3511.01 of the	5693
Revised Code by applying to the director of the board of elections	5694
of the county in which the person's voting residence is located,	5695
in one of the following ways:	5696

(A) That person may make written application for such	5697
ballots. The person may personally deliver the application to the	5698
director or may mail, send it by facsimile machine, or otherwise	5699
send it to the director. The application need not be in any	5700
particular form but shall contain the applicant's signature. The	5701
application need only contain words that, liberally construed,	5702
indicate the request for ballots; the election for which such	5703
ballots are requested, and, if the request is for primary election	5704
ballots, the person's party affiliation; that the person is	5705
serving in the armed forces of the United States or is the spouse	5706
or dependent of a person serving in the armed forces of the United	5707
States; and the length of residence in the state immediately	5708
preceding the commencement of service, or immediately preceding	5709
the date of leaving to be with or near the service member, as the	5710
case may be, and sufficient information to enable the director to	5711
determine the precinct in which the residence is located. If the	5712
person desires that such ballots be mailed to the person, the	5713
application shall state the address to which they shall be mailed.	5714
If the person desires that such ballots be sent to the person by	5715
facsimile machine, the application shall stateall of the	5716
following information:	5717

(1) The elector's name;

5718

(2) The elector's signature;

5719

(3) The address at which the elector is registered to vote;

5720

(4) The elector's date of birth;

5721

(5) One of the following:

5722

(a) The elector's driver's license number;

5723

(b) The last four digits of the elector's social security	5724
number;	5725

(c) A copy of the elector's current and valid photo	5726
identification or a copy of a current utility bill, bank	5727
statement, government check, paycheck, or other government	5728
document that shows the name and address of the elector.	5729

(6) A statement identifying the election for which absent	5730
voter's ballots are requested;	5731

(7) A statement that the person requesting the ballots is a	5732
qualified elector;	5733

(8) A statement that the elector is serving in the armed	5734
forces of the United States or is the spouse or dependent of a	5735
person serving in the armed forces of the United States;	5736

(9) A statement of the elector's length of residence in the	5737
state immediately preceding the commencement of service or	5738
immediately preceding the date of leaving to be with or near the	5739
service member, whichever is applicable;	5740

(10) If the request is for primary election ballots, the	5741
elector's party affiliation;	5742

(11) If the elector desires ballots to be mailed to the	5743
elector, the address to which those ballots shall be mailed;	5744

(12) If the elector desires ballots to be sent to the elector	5745
by facsimile machine, the telephone number to which they shall be	5746
so sent.	5747

(B) A voter or any relative of a voter listed in division	5748
(B)(C) of this section may use a single federal post card	5749
application to apply for armed service absent voter's ballots for	5750
use at the primary and general elections in a given year and any	5751
special election to be held on the day in that year specified by	5752
division (E) of section 3501.01 of the Revised Code for the	5753
holding of a primary election, designated by the general assembly	5754
for the purpose of submitting constitutional amendments proposed	5755
by the general assembly to the voters of the state. Such anA	5756
single federal postcard application shall be processed by the	5757
board of elections pursuant to section 3511.04 of the Revised Code	5758
the same as if the voter had applied separately for armed service	5759
absent voter's ballots for each election.	5760

(B)(C) Application to have such ballots mailed or sent by	5761
facsimile machine to such person may be made by the spouse when	5762
the person is a service member, or by the father, mother,	5763
father-in-law, mother-in-law, grandfather, grandmother, brother or	5764
sister of the whole blood or half blood, son, daughter, adopting	5765
parent, adopted child, stepparent, stepchild, uncle, aunt, nephew,	5766
or niece of such person. Such application shall be in writing upon	5767
a blank form furnished only by the director or on a single federal	5768
post card as provided in division (A)(B) of this section. The form	5769
of such application shall be prescribed by the secretary of state.	5770
The director shall furnish such blank form to any of the relatives	5771
specified in this section, desiring to make such application, only	5772
upon the request of such relative made in person at the office of	5773
the board or upon the written request of such relative mailed to	5774
the office of the board. Such application, subscribed and sworn to	5775
by such applicant, shall contain all of the following:	5776

(1) FullThe full name of personthe elector for whom ballots	5777
are requested;	5778

(2) StatementA statement that such personthe elector is	5779
serving in the armed forces of the United States or that such	5780
personthe elector is a spouse or dependent of a person serving in	5781
the armed forces of the United States who resides outside this	5782
state for the purpose of being with or near such service member;	5783

(3) Statement that such person has a residence in the county,	5784
and information as to the precinct in which it is located andThe	5785
address at which the elector is registered to vote;	5786

(4) A statement identifying the elector's length of residence	5787
in the state immediately preceding the commencement of service, or	5788
immediately preceding the date of leaving to be with or near a	5789
service member, as the case may be;	5790

(4) Statement(5) The elector's date of birth;

5791

(6) One of the following:

5792

(a) The elector's driver's license number;

5793

(b) The last four digits of the elector's social security	5794
number;	5795

(c) A copy of the elector's current and valid photo	5796
identification or a copy of a current utility bill, bank	5797
statement, government check, paycheck, or other government	5798
document that shows the name and address of the elector.	5799

(7) A statement identifying the election for which absent	5800
voter's ballots are requested;	5801

(8) A statement that the person requesting the ballots is a	5802
qualified elector;	5803

(9) If the request is for primary election ballots, the	5804
elector's party affiliation;	5805

(10) A statement that the applicant bears a relationship to	5806
such personthe elector as specified in division (C) of this	5807
section;	5808

(5) Election for which ballots are requested, and, if for a	5809
primary election, party affiliation of persons for whom ballots	5810
are requested;	5811

(6) Address(11) The address to which ballots shall be mailed	5812
or the telephone number to which ballots shall be sent by	5813
facsimile machine;	5814

(7) Signature(12) The signature and address of the person	5815
making the application.	5816

Each application for armed service absent voter's ballots	5817
shall be delivered to the director not earlier than the first day	5818
of January of the year of the elections for which the armed	5819
service absent voter's ballots are requested or not earlier than	5820
ninety days before the day of the election at which the ballots	5821
are to be voted, whichever is earlier, and not later than twelve	5822
noon of the third day preceding the day of the election, or not	5823
later than the close of regular business hours on the day before	5824
the day of the election at which such ballots are to be voted if	5825
the application is delivered in person to the office of the board.	5826

(C)(D) If the voter for whom the application is made is	5827
entitled to vote for presidential and vice-presidential electors	5828
only, the applicant shall submit to the director in addition to	5829
the requirements of divisions (A) and, (B), and (C) of this	5830
section, a statement to the effect that the voter is qualified to	5831
vote for presidential and vice-presidential electors and for no	5832
other offices.	5833

Sec. 3511.04. No(A) If a director of a board of elections	5834
receives an application for armed services absent voter's ballots	5835
that does not contain all of the required information, the	5836
director promptly shall notify the applicant of the additional	5837
information required to be provided by the applicant to complete	5838
that application.	5839

(B) Not later than the twenty-fifth day before the day of	5840
each presidential primary election and not later than the	5841
thirty-fifth day before the day of each general or other primary	5842
election, and at the earliest possible time before the day of a	5843
special election held on a day other than the day on which a	5844
general or primary election is held, the director of the board of	5845
elections shall mail or send by facsimile machine armed service	5846
absent voter's ballots then ready for use as provided for in	5847
section 3511.03 of the Revised Code and for which the director has	5848
received valid applications prior to such time. Thereafter, and	5849
until twelve noon of the third day preceding the day of election,	5850
the director shall promptly, upon receipt of valid applications	5851
thereforfor them, mail or send by facsimile machine to the proper	5852
persons all armed service absent voter's ballots then ready for	5853
use.	5854

If, after the sixtieth day before the day of a general or	5855
primary election, any other question, issue, or candidacy is	5856
lawfully ordered submitted to the electors voting at suchthe	5857
general or primary election, the board shall promptly provide a	5858
separate official issue, special election, or other election	5859
ballot for submitting suchthe question, issue, or candidacy to	5860
suchthose electors, and the director shall promptly mail or send	5861
by facsimile machine each such separate ballot to each person to	5862
whom the director has previously mailed or sent by facsimile	5863
machine other armed service absent voter's ballots.	5864

In mailing armed service absent voter's ballots, the director	5865
shall use the fastest mail service available, but the director	5866
shall not mail them by certified mail.	5867

Sec. 3511.09.  Upon receiving armed service absent voter's	5868
ballots, the elector shall cause the questions on the face of the	5869
identification envelope to be answered, and, by writing the	5870
elector's usual signature in the proper place on the	5871
identification envelope, the elector shall declare under penalty	5872
of election falsification that the answers to those questions are	5873
true and correct to the best of the elector's knowledge and	5874
belief. Then, the elector shall note whether there are any voting	5875
marks on the ballot. If there are any voting marks, the ballot	5876
shall be returned immediately to the board of elections;	5877
otherwise, the elector shall cause the ballot to be marked, folded	5878
separately so as to conceal the markings on it, deposited in the	5879
identification envelope, and securely sealed in the identification	5880
envelope. The elector then shall cause the identification envelope	5881
to be placed within the return envelope, sealed in the return	5882
envelope, and mailed to the director of the board of elections to	5883
whom it is addressed. If the elector does not provide the	5884
elector's driver's license number or the last four digits of the	5885
elector's social security number on the statement of voter on the	5886
identification envelope, the elector also shall include in the	5887
return envelope with the identification envelope a copy of the	5888
elector's current valid photo identification or a copy of a	5889
current utility bill, bank statement, government check, paycheck,	5890
or other government document that shows the name and address of	5891
the elector. Each elector who will be outside the United States on	5892
the day of the election shall check the box on the return envelope	5893
indicating this fact and shall mail the return envelope to the	5894
director prior to the close of the polls on election day.	5895

Every armed services absent voter's ballot identification	5896
envelope shall be accompanied by the following statement in	5897
boldface capital letters: WHOEVER COMMITS ELECTION FALSIFICATION	5898
IS GUILTY OF A FELONY OF THE FIFTH DEGREE.	5899

Sec. 3511.13. (A) The poll list or signature pollbook for	5900
each precinct shall identify both of the following:	5901

(1) Each registered elector in that precinct who has	5902
requested an armed services absent voter's ballot for that	5903
election;	5904

(2) Each registered elector in that precinct who has returned	5905
a sealed identification envelope purporting to contain the	5906
elector's voted armed services absent voter's ballot for that	5907
election to the director of the board of elections of that county.	5908

(B)(1) If a registered elector appears to vote in that	5909
precinct and that elector has requested an armed services absent	5910
voter's ballot for that election but the director has not received	5911
a sealed identification envelope purporting to contain that	5912
elector's voted armed services absent voter's ballots for that	5913
election, the elector shall be permitted to cast a provisional	5914
ballot under section 3505.181 of the Revised Code in that precinct	5915
on the day of that election.	5916

(2) If a registered elector appears to vote in that precinct	5917
and that elector has requested an armed services absent voter's	5918
ballot for that election and the director has received a sealed	5919
identification envelope purporting to contain that elector's voted	5920
armed services absent voter's ballots for that election, the	5921
elector shall be permitted to cast a provisional ballot under	5922
section 3505.181 of the Revised Code in that precinct on the day	5923
of that election.	5924

(C)(1) In counting armed services absent voter's ballots	5925
under section 3511.11 of the Revised Code, the board of elections	5926
or the precinct election officials shall compare the poll list or	5927
the signature pollbook for each precinct with the name of each	5928
elector in that precinct from whom the director has received a	5929
sealed identification envelope purporting to contain that	5930
elector's voted armed services absent voter's ballots for that	5931
election. Except as otherwise provided in division (C)(2) of this	5932
section, if the board of elections determines that an elector who	5933
cast a provisional ballot in the precinct on the day of the	5934
election also returned a sealed identification envelope for that	5935
election, the armed services absent voter's ballot in the sealed	5936
identification envelope shall be counted, and the provisional	5937
ballot cast in the precinct on the day of the election shall not	5938
be counted.	5939

(2) The board of elections shall count the provisional	5940
ballot, instead of the armed services absent voter's ballot, of an	5941
elector from whom the director has received an identification	5942
envelope purporting to contain that elector's voted armed services	5943
absent voter's ballots, if both of the following apply:	5944

(a) The board of elections determines that the signature of	5945
the elector on the outside of the identification envelope in which	5946
the armed services absent voter's ballots are enclosed does not	5947
match the signature of the elector on the elector's registration	5948
form;	5949

(b) The elector cast a provisional ballot in the precinct on	5950
the day of the election.	5951

If the board of elections counts a provisional ballot under	5952
this division, the identification envelope of that elector shall	5953
not be opened and the ballots within that envelope shall not be	5954
counted. The identification envelope shall be endorsed "Not	5955
Counted" with the reason the ballot was not counted.	5956

Sec. 3513.04.  Candidates for party nominations to state,	5957
district, county, and municipal offices or positions, for which	5958
party nominations are provided by law, and for election as members	5959
of party controlling committees shall have their names printed on	5960
the official primary ballot by filing a declaration of candidacy	5961
and paying the fees specified for the office under divisions (A)	5962
and (B) of section 3513.10 of the Revised Code, except that the	5963
joint candidates for party nomination to the offices of governor	5964
and lieutenant governor shall, for the two of them, file one	5965
declaration of candidacy. The joint candidates also shall pay the	5966
fees specified for the joint candidates under divisions (A) and	5967
(B) of section 3513.10 of the Revised Code.	5968

The secretary of state shall not accept for filing the	5969
declaration of candidacy of a candidate for party nomination to	5970
the office of governor unless the declaration of candidacy also	5971
shows a joint candidate for the same party's nomination to the	5972
office of lieutenant governor, shall not accept for filing the	5973
declaration of candidacy of a candidate for party nomination to	5974
the office of lieutenant governor unless the declaration of	5975
candidacy also shows a joint candidate for the same party's	5976
nomination to the office of governor, and shall not accept for	5977
filing a declaration of candidacy that shows a candidate for party	5978
nomination to the office of governor or lieutenant governor who,	5979
for the same election, has already filed a declaration of	5980
candidacy or a declaration of intent to be a write-in candidate,	5981
or has become a candidate by the filling of a vacancy under	5982
section 3513.30 of the Revised Code for any other state office or	5983
any federal or county office.	5984

No person who seeks party nomination for an office or	5985
position at a primary election by declaration of candidacy or by	5986
declaration of intent to be a write-in candidate and no person who	5987
is a first choice for president of candidates seeking election as	5988
delegates and alternates to the national conventions of the	5989
different major political parties who are chosen by direct vote of	5990
the electors as provided in this chapter shall be permitted to	5991
become a candidate by nominating petition or by declaration of	5992
intent to be a write-in candidate at the following general	5993
election for any office other than the office of member of the	5994
state board of education, office of member of a city, local, or	5995
exempted village board of education, office of member of a	5996
governing board of an educational service center, or office of	5997
township trustee.	5998

Sec. 3513.041.  A write-in space shall be provided on the	5999
ballot for every office, except in an election for which the board	6000
of elections has received no valid declarations of intent to be a	6001
write-in candidate under this section. Write-in votes shall not be	6002
counted for any candidate who has not filed a declaration of	6003
intent to be a write-in candidate pursuant to this section. A	6004
qualified person who has filed a declaration of intent may receive	6005
write-in votes at either a primary or general election. Any	6006
candidate, except one whose candidacy is to be submitted to	6007
electors throughout the entire state, shall file a declaration of	6008
intent to be a write-in candidate before four p.m. of the fiftieth	6009
sixty-second day preceding the election at which such candidacy is	6010
to be considered. If the election is to be determined by electors	6011
of a county or a district or subdivision within the county, such	6012
declaration shall be filed with the board of elections of that	6013
county. If the election is to be determined by electors of a	6014
subdivision located in more than one county, such declaration	6015
shall be filed with the board of elections of the county in which	6016
the major portion of the population of such subdivision is	6017
located. If the election is to be determined by electors of a	6018
district comprised of more than one county but less than all of	6019
the counties of the state, such declaration shall be filed with	6020
the board of elections of the most populous county in such	6021
district. Any candidate for an office to be voted upon by electors	6022
throughout the entire state shall file a declaration of intent to	6023
be a write-in candidate with the secretary of state before four	6024
p.m. of the fiftiethsixty-second day preceding the election at	6025
which such candidacy is to be considered. In addition, candidates	6026
for president and vice-president of the United States shall also	6027
file with the secretary of state by said fiftiethsixty-second day	6028
a slate of presidential electors sufficient in number to satisfy	6029
the requirements of the United States constitution.	6030

A board of elections shall not accept for filing the	6031
declaration of intent to be a write-in candidate of a person	6032
seeking to become a candidate if that person, for the same	6033
election, has already filed a declaration of candidacy, a	6034
declaration of intent to be a write-in candidate, or a nominating	6035
petition, or has become a candidate through party nomination at a	6036
primary election or by the filling of a vacancy under section	6037
3513.30 or 3513.31 of the Revised Code, for any federal, state, or	6038
county office, if the declaration of intent to be a write-in	6039
candidate is for a state or county office, or for any municipal or	6040
township office, for member of a city, local, or exempted village	6041
board of education, or for member of a governing board of an	6042
educational service center, if the declaration of intent to be a	6043
write-in candidate is for a municipal or township office, or for	6044
member of a city, local, or exempted village board of education,	6045
or for member of a governing board of an educational service	6046
center.	6047

No person shall file a declaration of intent to be a write-in	6048
candidate for the office of governor unless the declaration also	6049
shows the intent of another person to be a write-in candidate for	6050
the office of lieutenant governor. No person shall file a	6051
declaration of intent to be a write-in candidate for the office of	6052
lieutenant governor unless the declaration also shows the intent	6053
of another person to be a write-in candidate for the office of	6054
governor. No person shall file a declaration of intent to be a	6055
write-in candidate for the office of governor or lieutenant	6056
governor if the person has previously filed a declaration of	6057
intent to be a write-in candidate to the office of governor or	6058
lieutenant governor at the same primary or general election. A	6059
write-in vote for the two candidates who file such a declaration	6060
shall be counted as a vote for them as joint candidates for the	6061
offices of governor and lieutenant governor.	6062

The secretary of state shall not accept for filing the	6063
declaration of intent to be a write-in candidate of a person for	6064
the office of governor unless the declaration also shows the	6065
intent of another person to be a write-in candidate for the office	6066
of lieutenant governor, shall not accept for filing the	6067
declaration of intent to be a write-in candidate of a person for	6068
the office of lieutenant governor unless the declaration also	6069
shows the intent of another person to be a write-in candidate for	6070
the office of governor, and shall not accept for filing the	6071
declaration of intent to be a write-in candidate of a person to	6072
the office of governor or lieutenant governor if that person, for	6073
the same election, has already filed a declaration of candidacy, a	6074
declaration of intent to be a write-in candidate, or a nominating	6075
petition, or has become a candidate through party nomination at a	6076
primary election or by the filling of a vacancy under section	6077
3513.30 or 3513.31 of the Revised Code, for any other state office	6078
or any federal or county office.	6079

Protests against the candidacy of any person filing a	6080
declaration of intent to be a write-in candidate may be filed by	6081
any qualified elector who is eligible to vote in the election at	6082
which the candidacy is to be considered. The protest shall be in	6083
writing and shall be filed not later than four p.m. of the	6084
forty-fifthfifty-seventh day before the day of the election. The	6085
protest shall be filed with the board of elections with which the	6086
declaration of intent to be a write-in candidate was filed. Upon	6087
the filing of the protest, the board with which it is filed shall	6088
promptly fix the time for hearing it and shall proceed in regard	6089
to the hearing in the same manner as for hearings set for protests	6090
filed under section 3513.05 of the Revised Code. At the time	6091
fixed, the board shall hear the protest and determine the validity	6092
or invalidity of the declaration of intent to be a write-in	6093
candidate. If the board finds that the candidate is not an elector	6094
of the state, district, county, or political subdivision in which	6095
the candidate seeks election to office or has not fully complied	6096
with the requirements of Title XXXV of the Revised Code in regard	6097
to the candidate's candidacy, the candidate's declaration of	6098
intent to be a write-in candidate shall be determined to be	6099
invalid and shall be rejected; otherwise, it shall be determined	6100
to be valid. The determination of the board is final.	6101

The secretary of state shall prescribe the form of the	6102
declaration of intent to be a write-in candidate.	6103

Sec. 3513.05.  Each person desiring to become a candidate for	6104
a party nomination or for election to an office or position to be	6105
voted for at a primary election, except persons desiring to become	6106
joint candidates for the offices of governor and lieutenant	6107
governor and except as otherwise provided in section 3513.051 of	6108
the Revised Code, shall, not later than four p.m. of the	6109
seventy-fifth day before the day of the primary election, or if	6110
the primary election is a presidential primary election, not later	6111
than four p.m. of the sixtieth day before the day of the	6112
presidential primary election, file a declaration of candidacy and	6113
petition and pay the fees required under divisions (A) and (B) of	6114
section 3513.10 of the Revised Code. The declaration of candidacy	6115
and all separate petition papers shall be filed at the same time	6116
as one instrument. When the offices are to be voted for at a	6117
primary election, persons desiring to become joint candidates for	6118
the offices of governor and lieutenant governor shall, not later	6119
than four p.m. of the seventy-fifth day before the day of the	6120
primary election, comply with section 3513.04 of the Revised Code.	6121
The prospective joint candidates' declaration of candidacy and all	6122
separate petition papers of candidacies shall be filed at the same	6123
time as one instrument. The secretary of state or a board of	6124
elections shall not accept for filing a declaration of candidacy	6125
and petition of a person seeking to become a candidate if that	6126
person, for the same election, has already filed a declaration of	6127
candidacy or a declaration of intent to be a write-in candidate,	6128
or has become a candidate by the filling of a vacancy under	6129
section 3513.30 of the Revised Code for any federal, state, or	6130
county office, if the declaration of candidacy is for a state or	6131
county office, or for any municipal or township office, if the	6132
declaration of candidacy is for a municipal or township office.	6133

If the declaration of candidacy declares a candidacy which is	6134
to be submitted to electors throughout the entire state, the	6135
petition, including a petition for joint candidates for the	6136
offices of governor and lieutenant governor, shall be signed by at	6137
least one thousand qualified electors who are members of the same	6138
political party as the candidate or joint candidates, and the	6139
declaration of candidacy and petition shall be filed with the	6140
secretary of state; provided that the secretary of state shall not	6141
accept or file any such petition appearing on its face to contain	6142
signatures of more than three thousand electors.	6143

Except as otherwise provided in this paragraph, if the	6144
declaration of candidacy is of one that is to be submitted only to	6145
electors within a district, political subdivision, or portion	6146
thereof, the petition shall be signed by not less than fifty	6147
qualified electors who are members of the same political party as	6148
the political party of which the candidate is a member. If the	6149
declaration of candidacy is for party nomination as a candidate	6150
for member of the legislative authority of a municipal corporation	6151
elected by ward, the petition shall be signed by not less than	6152
twenty-five qualified electors who are members of the political	6153
party of which the candidate is a member.	6154

No such petition, except the petition for a candidacy that is	6155
to be submitted to electors throughout the entire state, shall be	6156
accepted for filing if it appears to contain on its face	6157
signatures of more than three times the minimum number of	6158
signatures. When a petition of a candidate has been accepted for	6159
filing by a board of elections, the petition shall not be deemed	6160
invalid if, upon verification of signatures contained in the	6161
petition, the board of elections finds the number of signatures	6162
accepted exceeds three times the minimum number of signatures	6163
required. A board of elections may discontinue verifying	6164
signatures on petitions when the number of verified signatures	6165
equals the minimum required number of qualified signatures.	6166

If the declaration of candidacy declares a candidacy for	6167
party nomination or for election as a candidate of an intermediate	6168
or minor party, the minimum number of signatures on such petition	6169
is one-half the minimum number provided in this section, except	6170
that, when the candidacy is one for election as a member of the	6171
state central committee or the county central committee of a	6172
political party, the minimum number shall be the same for an	6173
intermediate or minor party as for a major party.	6174

If a declaration of candidacy is one for election as a member	6175
of the state central committee or the county central committee of	6176
a political party, the petition shall be signed by five qualified	6177
electors of the district, county, ward, township, or precinct	6178
within which electors may vote for such candidate. The electors	6179
signing such petition shall be members of the same political party	6180
as the political party of which the candidate is a member.	6181

For purposes of signing or circulating a petition of	6182
candidacy for party nomination or election, an elector is	6183
considered to be a member of a political party if the elector	6184
voted in that party's primary election within the preceding two	6185
calendar years, or if the elector did not vote in any other	6186
party's primary election within the preceding two calendar years.	6187

If the declaration of candidacy is of one that is to be	6188
submitted only to electors within a county, or within a district	6189
or subdivision or part thereof smaller than a county, the petition	6190
shall be filed with the board of elections of the county. If the	6191
declaration of candidacy is of one that is to be submitted only to	6192
electors of a district or subdivision or part thereof that is	6193
situated in more than one county, the petition shall be filed with	6194
the board of elections of the county within which the major	6195
portion of the population thereof, as ascertained by the next	6196
preceding federal census, is located.	6197

A petition shall consist of separate petition papers, each of	6198
which shall contain signatures of electors of only one county.	6199
Petitions or separate petition papers containing signatures of	6200
electors of more than one county shall not thereby be declared	6201
invalid. In case petitions or separate petition papers containing	6202
signatures of electors of more than one county are filed, the	6203
board shall determine the county from which the majority of	6204
signatures came, and only signatures from such county shall be	6205
counted. Signatures from any other county shall be invalid.	6206

Each separate petition paper shall be circulated by one	6207
person only, who shall be the candidate or a joint candidate or a	6208
member of the same political party as the candidate or joint	6209
candidates, and each separate petition paper shall be governed by	6210
the rules set forth in section 3501.38 of the Revised Code.	6211

The secretary of state shall promptly transmit to each board	6212
such separate petition papers of each petition accompanying a	6213
declaration of candidacy filed with the secretary of state as	6214
purport to contain signatures of electors of the county of such	6215
board. The board of the most populous county of a district shall	6216
promptly transmit to each board within such district such separate	6217
petition papers of each petition accompanying a declaration of	6218
candidacy filed with it as purport to contain signatures of	6219
electors of the county of each such board. The board of a county	6220
within which the major portion of the population of a subdivision,	6221
situated in more than one county, is located, shall promptly	6222
transmit to the board of each other county within which a portion	6223
of such subdivision is located such separate petition papers of	6224
each petition accompanying a declaration of candidacy filed with	6225
it as purport to contain signatures of electors of the portion of	6226
such subdivision in the county of each such board.	6227

All petition papers so transmitted to a board and all	6228
petitions accompanying declarations of candidacy filed with sucha	6229
board shall, under proper regulations, be open to public	6230
inspection until four p.m. of the seventieth day before the day of	6231
the next primary election, or if that next primary election is a	6232
presidential primary election, the fifty-fifth day before that	6233
presidential primary election. Each board shall, not later than	6234
the sixty-eighth day before the day of suchthat primary election,	6235
or if the primary election is a presidential primary election, not	6236
later than the fifty-third day before such presidential primary	6237
election, examine and determine the validity or invalidity of the	6238
signatures on the petition papers so transmitted to or filed with	6239
it and shall return to the secretary of state all petition papers	6240
transmitted to it by the secretary of state, together with its	6241
certification of its determination as to the validity or	6242
invalidity of signatures thereon, and shall return to each other	6243
board all petition papers transmitted to it by such board,	6244
together with its certification of its determination as to the	6245
validity or invalidity of the signatures thereon. All other	6246
matters affecting the validity or invalidity of such petition	6247
papers shall be determined by the secretary of state or the board	6248
with whom such petition papers were filed.	6249

Protests against the candidacy of any person filing a	6250
declaration of candidacy for party nomination or for election to	6251
an office or position, as provided in this section, may be filed	6252
by any qualified elector who is a member of the same political	6253
party as the candidate and who is eligible to vote at the primary	6254
election for the candidate whose declaration of candidacy the	6255
elector objects to, or by the controlling committee of suchthat	6256
political party. SuchThe protest mustshall be in writing, and	6257
mustshall be filed not later than four p.m. of the sixty-fourth	6258
day before the day of the primary election, or if the primary	6259
election is a presidential primary election, not later than four	6260
p.m. of the forty-ninth day before the day of the presidential	6261
primary election. SuchThe protest shall be filed with the	6262
election officials with whom the declaration of candidacy and	6263
petition was filed. Upon the filing of suchthe protest, the	6264
election officials with whom it is filed shall promptly fix the	6265
time for hearing it, and shall forthwith mail notice of the filing	6266
of suchthe protest and the time fixed for hearing to the person	6267
whose candidacy is so protested. They shall also forthwith mail	6268
notice of the time fixed for such hearing to the person who filed	6269
the protest. At the time fixed, such election officials shall hear	6270
the protest and determine the validity or invalidity of the	6271
declaration of candidacy and petition. If they find that such	6272
candidate is not an elector of the state, district, county, or	6273
political subdivision in which the candidate seeks a party	6274
nomination or election to an office or position, or has not fully	6275
complied with this chapter, the candidate's declaration of	6276
candidacy and petition shall be determined to be invalid and shall	6277
be rejected,; otherwise, it shall be determined to be valid. Such	6278
That determination shall be final.	6279

A protest against the candidacy of any persons filing a	6280
declaration of candidacy for joint party nomination to the offices	6281
of governor and lieutenant governor shall be filed, heard, and	6282
determined in the same manner as a protest against the candidacy	6283
of any person filing a declaration of candidacy singly.	6284

The secretary of state shall, on the sixtieth day before the	6285
day of a primary election, or if the primary election is a	6286
presidential primary election, on the forty-fifth day before the	6287
day of the presidential primary election, certify to each board in	6288
the state the forms of the official ballots to be used at suchthe	6289
primary election, together with the names of the candidates to be	6290
printed thereonon the ballots whose nomination or election is to	6291
be determined by electors throughout the entire state and who	6292
filed valid declarations of candidacy and petitions.	6293

The board of the most populous county in a district comprised	6294
of more than one county but less than all of the counties of the	6295
state shall, on the sixtieth day before the day of a primary	6296
election, or if the primary election is a presidential primary	6297
election, on the forty-fifth day before the day of a presidential	6298
primary election, certify to the board of each county in the	6299
district the names of the candidates to be printed on the official	6300
ballots to be used at suchthe primary election, whose nomination	6301
or election is to be determined only by electors within suchthe	6302
district and who filed valid declarations of candidacy and	6303
petitions.	6304

The board of a county within which the major portion of the	6305
population of a subdivision smaller than the county and situated	6306
in more than one county is located shall, on the sixtieth day	6307
before the day of a primary election, or if the primary election	6308
is a presidential primary election, on the forty-fifth day before	6309
the day of a presidential primary election, certify to the board	6310
of each county in which a portion of suchthat subdivision is	6311
located the names of the candidates to be printed on the official	6312
ballots to be used at suchthe primary election, whose nomination	6313
or election is to be determined only by electors within suchthat	6314
subdivision and who filed valid declarations of candidacy and	6315
petitions.	6316

Sec. 3513.052. (A) No person shall seek nomination or	6317
election to any of the following offices or positions at the same	6318
election by filing a declaration of candidacy and petition, a	6319
declaration of intent to be a write-in candidate, or a nominating	6320
petition, or by becoming a candidate through party nomination in a	6321
primary election, or by the filling of a vacancy under section	6322
3513.30 or 3513.31 of the Revised Code:	6323

(1) Two or more state offices;

6324

(2) Two or more county offices;

6325

(3) A state office and a county office;

6326

(4) A federal office and a state or county office;

6327

(5) Any combination of two or more municipal or township	6328
offices, positions as a member of a city, local, or exempted	6329
village board of education, or positions as a member of a	6330
governing board of an educational service center.	6331

(B) The secretary of state or a board of elections shall not	6332
accept for filing a declaration of candidacy and petition, a	6333
declaration of intent to be a write-in candidate, or a nominating	6334
petition of a person seeking to become a candidate if that person,	6335
for the same election, has already filed a declaration of	6336
candidacy, a declaration of intent to be a write-in candidate, or	6337
a nominating petition, or has become a candidate through party	6338
nomination at a primary election or by the filling of a vacancy	6339
under section 3513.30 or 3513.31 of the Revised Code for:	6340

(1) Any federal, state, or county office, if the declaration	6341
of candidacy, declaration of intent to be a write-in candidate, or	6342
nominating petition is for a state or county office;	6343

(2) Any municipal or township office, or for member of a	6344
city, local, or exempted village board of education, or for member	6345
of a governing board of an educational service center, if the	6346
declaration of candidacy, declaration of intent to be a write-in	6347
candidate, or nominating petition is for a municipal or township	6348
office, or for member of a city, local, or exempted village board	6349
of education, or for member of a governing board of an educational	6350
service center.	6351

(C)(1) If the secretary of state determines, before the day	6352
of the primary election, that a person is seeking nomination to	6353
more than one office at that election in violation of division (A)	6354
of this section, the secretary of state shall do one of the	6355
following:	6356

(a) If each office or the district for each office for which	6357
the person is seeking nomination is wholly within a single county	6358
and none of those offices is a federal office, the secretary of	6359
state shall notify the board of elections of that county. The	6360
board then shall determine the date on which the person first	6361
sought to become a candidate for each of those offices by filing a	6362
declaration of candidacy or a declaration of intent to be a	6363
write-in candidate or by the filling of a vacancy under section	6364
3513.30 of the Revised Code. The board shall vote promptly to	6365
disqualify that person as a candidate for each office for which	6366
the person sought to become a candidate after the date on which	6367
the person first sought to become a candidate for any of those	6368
offices. If the board determines that the person sought to become	6369
a candidate for more than one of those offices on the same date,	6370
the board shall vote promptly to disqualify that person as a	6371
candidate for each office that would be listed on the ballot below	6372
the highest office for which that person seeks nomination,	6373
according to the ballot order prescribed under section 3505.03 of	6374
the Revised Code.	6375

(b) If one or more of the offices for which the person is	6376
seeking nomination is a state office or an office with a district	6377
larger than a single county and none of the offices for which the	6378
person is seeking nomination is a federal office, the secretary of	6379
state shall determine the date on which the person first sought to	6380
become a candidate for each of those offices by filing a	6381
declaration of candidacy or a declaration of intent to be a	6382
write-in candidate or by the filling of a vacancy under section	6383
3513.30 of the Revised Code. The secretary of state shall order	6384
the board of elections of each county in which the person is	6385
seeking to appear on the ballot to disqualify that person as a	6386
candidate for each office for which the person sought to become a	6387
candidate after the date on which the person first sought to	6388
become a candidate for any of those offices. If the secretary of	6389
state determines that the person sought to become a candidate for	6390
more than one of those offices on the same date, the secretary of	6391
state shall order the board of elections of each county in which	6392
the person is seeking to appear on the ballot to disqualify that	6393
person as a candidate for each office that would be listed on the	6394
ballot below the highest office for which that person seeks	6395
nomination, according to the ballot order prescribed under section	6396
3505.03 of the Revised Code. Each board of elections so notified	6397
shall vote promptly to disqualify the person as a candidate in	6398
accordance with the order of the secretary of state.	6399

(c) If each office or the district for each office for which	6400
the person is seeking nomination is wholly within a single county	6401
and any of those offices is a federal office, the secretary of	6402
state shall notify the board of elections of that county. The	6403
board then shall vote promptly to disqualify that person as a	6404
candidate for each office that is not a federal office.	6405

(d) If one or more of the offices for which the person is	6406
seeking nomination is a state office and any of the offices for	6407
which the person is seeking nomination is a federal office, the	6408
secretary of state shall order the board of elections of each	6409
county in which the person is seeking to appear on the ballot to	6410
disqualify that person as a candidate for each office that is not	6411
a federal office. Each board of elections so notified shall vote	6412
promptly to disqualify the person as a candidate in accordance	6413
with the order of the secretary of state.	6414

(2) If a board of elections determines, before the day of the	6415
primary election, that a person is seeking nomination to more than	6416
one office at that election in violation of division (A) of this	6417
section, the board shall do one of the following:	6418

(a) If each office or the district for each office for which	6419
the person is seeking nomination is wholly within that county and	6420
none of those offices is a federal office, the board shall	6421
determine the date on which the person first sought to become a	6422
candidate for each of those offices by filing a declaration of	6423
candidacy or a declaration of intent to be a write-in candidate or	6424
by the filling of a vacancy under section 3513.30 of the Revised	6425
Code. The board shall vote promptly to disqualify that person as a	6426
candidate for each office for which the person sought to become a	6427
candidate after the date on which the person first sought to	6428
become a candidate for any of those offices. If the board	6429
determines that the person sought to become a candidate for more	6430
than one of those offices on the same date, the board shall vote	6431
promptly to disqualify that person as a candidate for each office	6432
that would be listed on the ballot below the highest office for	6433
which that person seeks nomination, according to the ballot order	6434
prescribed under section 3505.03 of the Revised Code.	6435

(b) If one or more of the offices for which the person is	6436
seeking nomination is a state office or an office with a district	6437
larger than a single county and none of the offices for which the	6438
person is seeking nomination is a federal office, the board shall	6439
notify the secretary of state. The secretary of state then shall	6440
determine the date on which the person first sought to become a	6441
candidate for each of those offices by filing a declaration of	6442
candidacy or a declaration of intent to be a write-in candidate or	6443
by the filling of a vacancy under section 3513.30 of the Revised	6444
Code. The secretary of state shall order the board of elections of	6445
each county in which the person is seeking to appear on the ballot	6446
to disqualify that person as a candidate for each office for which	6447
the person sought to become a candidate after the date on which	6448
the person first sought to become a candidate for any of those	6449
offices. If the secretary of state determines that the person	6450
sought to become a candidate for more than one of those offices on	6451
the same date, the secretary of state shall order the board of	6452
elections of each county in which the person is seeking to appear	6453
on the ballot to disqualify that person as a candidate for each	6454
office that would be listed on the ballot below the highest office	6455
for which that person seeks nomination, according to the ballot	6456
order prescribed under section 3505.03 of the Revised Code. Each	6457
board of elections so notified shall vote promptly to disqualify	6458
the person as a candidate in accordance with the order of the	6459
secretary of state.	6460

(c) If each office or the district for each office for which	6461
the person is seeking nomination is wholly within a single county	6462
and any of those offices is a federal office, the board shall vote	6463
promptly to disqualify that person as a candidate for each office	6464
that is not a federal office.	6465

(d) If one or more of the offices for which the person is	6466
seeking nomination is a state office and any of the offices for	6467
which the person is seeking nomination is a federal office, the	6468
board shall notify the secretary of state. The secretary of state	6469
then shall order the board of elections of each county in which	6470
the person is seeking to appear on the ballot to disqualify that	6471
person as a candidate for each office that is not a federal	6472
office. Each board of elections so notified shall vote promptly to	6473
disqualify the person as a candidate in accordance with the order	6474
of the secretary of state.	6475

(D)(1) If the secretary of state determines, after the day of	6476
the primary election and before the day of the general election,	6477
that a person is seeking election to more than one office at that	6478
election in violation of division (A) of this section, the	6479
secretary of state shall do one of the following:	6480

(a) If each office or the district for each office for which	6481
the person is seeking election is wholly within a single county	6482
and none of those offices is a federal office, the secretary of	6483
state shall notify the board of elections of that county. The	6484
board then shall determine the offices for which the person seeks	6485
to appear as a candidate on the ballot. The board shall vote	6486
promptly to disqualify that person as a candidate for each office	6487
that would be listed on the ballot below the highest office for	6488
which that person seeks election, according to the ballot order	6489
prescribed under section 3505.03 of the Revised Code. If the	6490
person sought nomination at a primary election and has not yet	6491
been issued a certificate of nomination, the board shall not issue	6492
that certificate for that person for any office that would be	6493
listed on the ballot below the highest office for which that	6494
person seeks election, according to the ballot order prescribed	6495
under section 3505.03 of the Revised Code.	6496

(b) If one or more of the offices for which the person is	6497
seeking election is a state office or an office with a district	6498
larger than a single county and none of the offices for which the	6499
person is seeking election is a federal office, the secretary of	6500
state shall promptly investigate and determine the offices for	6501
which the person seeks to appear as a candidate on the ballot. The	6502
secretary of state shall order the board of elections of each	6503
county in which the person is seeking to appear on the ballot to	6504
disqualify that person as a candidate for each office that would	6505
be listed on the ballot below the highest office for which that	6506
person seeks election, according to the ballot order prescribed	6507
under section 3505.03 of the Revised Code. Each board of elections	6508
so notified shall vote promptly to disqualify the person as a	6509
candidate in accordance with the order of the secretary of state.	6510
If the person sought nomination at a primary election and has not	6511
yet been issued a certificate of nomination, the board shall not	6512
issue that certificate for that person for any office that would	6513
be listed on the ballot below the highest office for which that	6514
person seeks election, according to the ballot order prescribed	6515
under section 3505.03 of the Revised Code.	6516

(c) If each office or the district for each office for which	6517
the person is seeking election is wholly within a single county	6518
and any of those offices is a federal office, the secretary of	6519
state shall notify the board of elections of that county. The	6520
board then shall vote promptly to disqualify that person as a	6521
candidate for each office that is not a federal office. If the	6522
person sought nomination at a primary election and has not yet	6523
been issued a certificate of nomination, the board shall not issue	6524
that certificate for that person for any office that is not a	6525
federal office.	6526

(d) If one or more of the offices for which the person is	6527
seeking election is a state office and any of the offices for	6528
which the person is seeking election is a federal office, the	6529
secretary of state shall order the board of elections of each	6530
county in which the person is seeking to appear on the ballot to	6531
disqualify that person as a candidate for each office that is not	6532
a federal office. Each board of elections so notified shall vote	6533
promptly to disqualify the person as a candidate in accordance	6534
with the order of the secretary of state. If the person sought	6535
nomination at a primary election and has not yet been issued a	6536
certificate of nomination, the board shall not issue that	6537
certificate for that person for any office that is not a federal	6538
office.	6539

(2) If a board of elections determines, after the day of the	6540
primary election and before the day of the general election, that	6541
a person is seeking election to more than one office at that	6542
election in violation of division (A) of this section, the board	6543
of elections shall do one of the following:	6544

(a) If each office or the district for each office for which	6545
the person is seeking election is wholly within that county and	6546
none of those offices is a federal office, the board shall	6547
determine the offices for which the person seeks to appear as a	6548
candidate on the ballot. The board shall vote promptly to	6549
disqualify that person as a candidate for each office that would	6550
be listed on the ballot below the highest office for which that	6551
person seeks election, according to the ballot order prescribed	6552
under section 3505.03 of the Revised Code. If the person sought	6553
nomination at a primary election and has not yet been issued a	6554
certificate of nomination, the board shall not issue that	6555
certificate for that person for any office that would be listed on	6556
the ballot below the highest office for which that person seeks	6557
election, according to the ballot order prescribed under section	6558
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 board shall	6563
notify the secretary of state. The secretary of state promptly	6564
shall investigate and determine the offices for which the person	6565
seeks to appear as a candidate on the ballot. The secretary of	6566
state shall order the board of elections of each county in which	6567
the person is seeking to appear on the ballot to disqualify that	6568
person as a candidate for each office that would be listed on the	6569
ballot below the highest office for which that person seeks	6570
election, according to the ballot order prescribed under section	6571
3505.03 of the Revised Code. Each board of elections so notified	6572
shall vote promptly to disqualify the person as a candidate in	6573
accordance with the order of the secretary of state. If the person	6574
sought nomination at a primary election and has not yet been	6575
issued a certificate of nomination, the board shall not issue that	6576
certificate for that person for any office that would be listed on	6577
the ballot below the highest office for which that person seeks	6578
election, according to the ballot order prescribed under section	6579
3505.03 of the Revised Code.	6580

(c) If each office or the district for each office for which	6581
the person is seeking election is wholly within that county and	6582
any of those offices is a federal office, the board shall vote	6583
promptly to disqualify that person as a candidate for each office	6584
that is not a federal office. If the person sought nomination at a	6585
primary election and has not yet been issued a certificate of	6586
nomination, the board shall not issue that certificate for that	6587
person for any office that is not a federal office.	6588

(d) If one or more of the offices for which the person is	6589
seeking election is a state office and any of the offices for	6590
which the person is seeking election is a federal office, the	6591
board shall notify the secretary of state. The secretary of state	6592
shall order the board of elections of each county in which the	6593
person is seeking to appear on the ballot to disqualify that	6594
person as a candidate for each office that is not a federal	6595
office. Each board of elections so notified shall vote promptly to	6596
disqualify the person as a candidate in accordance with the order	6597
of the secretary of state. If the person sought nomination at a	6598
primary election and has not yet been issued a certificate of	6599
nomination, the board shall not issue that certificate for that	6600
person for any office that is not a federal office.	6601

(E) When a person is disqualified as a candidate under	6602
division (C) or (D) of this section, that person's name shall not	6603
appear on the ballotson or before the sixtieth day before the day	6604
of the applicable election, or, if the election is a presidential	6605
primary election, on or before the forty-fifth day before the day	6606
of the presidential primary election, the board of elections shall	6607
remove the person's name from the ballot for any office for which	6608
that person has been disqualified as a candidate. If the ballots	6609
have already been prepared, the board of elections shall remove	6610
the name of the disqualified candidate from the ballots to the	6611
extent practicable in the time remaining before the election and	6612
according to the directions of the secretary of state. When a	6613
person is disqualified as a candidate under division (C) or (D) of	6614
this section after the sixtieth day before the day of the	6615
applicable election, or, if the election is a presidential primary	6616
election, after the forty-fifth day before the day of the	6617
presidential primary election, the board of elections shall not	6618
remove the person's name from the ballot for any office for which	6619
that person has been disqualified as a candidate. The board of	6620
elections shall post a notice at each polling location on the day	6621
of the applicable election, and shall enclose with each absent	6622
voter's ballot given or mailed after the candidate is	6623
disqualified, a notice that votes for the person for the office	6624
for which the person has been disqualified as a candidate will be	6625
void and will not be counted. If the name is not removed from the	6626
ballots before the day of the election, the votes for the	6627
disqualified candidate are void and shall not be counted.	6628

(F) Any vacancy created by the disqualification of a person	6629
as a candidate under division (C) or (D) of this section may be	6630
filled in the manner provided for in sections 3513.30 and 3513.31	6631
of the Revised Code.	6632

(G) Nothing in this section or section 3513.04, 3513.041,	6633
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257,	6634
3513.259, or 3513.261 of the Revised Code prohibits, and the	6635
secretary of state or a board of elections shall not disqualify, a	6636
person from being a candidate for an office, if that person timely	6637
withdraws as a candidate for any offices specified in division (A)	6638
of this section for which that person first sought to become a	6639
candidate by filing a declaration of candidacy and petition, a	6640
declaration of intent to be a write-in candidate, or a nominating	6641
petition, by party nomination in a primary election, or by the	6642
filling of a vacancy under section 3513.30 or 3513.31 of the	6643
Revised Code.	6644

(H) As used in this section:

6645

(1) "State office" means the offices of governor, lieutenant	6646
governor, secretary of state, auditor of state, treasurer of	6647
state, attorney general, member of the state board of education,	6648
member of the general assembly, chief justice of the supreme	6649
court, and justice of the supreme court.	6650

(2) "Timely withdraws" means either of the following:

6651

(a) Withdrawing as a candidate before the applicable deadline	6652
for filing a declaration of candidacy, declaration of intent to be	6653
a write-in candidate, or nominating petition for the subsequent	6654
office for which the person is seeking to become a candidate at	6655
the same election;	6656

(b) Withdrawing as a candidate before the applicable deadline	6657
for the filling of a vacancy under section 3513.30 or 3513.31 of	6658
the Revised Code, if the person is seeking to become a candidate	6659
for a subsequent office at the same election under either of those	6660
sections.	6661

Sec. 3513.19.  (A) It is the duty of any witness or	6662
challenger and of any judge of elections and the right of any	6663
elector, whenever any such personjudge of elections doubts that	6664
anothera person attempting to vote at a primary election is	6665
legally entitled to vote at such election, to challenge the right	6666
of that other person to vote. The right of a person to vote at a	6667
primary election may be challenged upon the following grounds:	6668

(1) That the person whose right to vote is challenged is not	6669
a legally qualified elector;	6670

(2) That the person has received or has been promised some	6671
valuable reward or consideration for the person's vote;	6672

(3) That the person is not affiliated with or is not a member	6673
of the political party whose ballot the person desires to vote.	6674
Such party affiliation shall be determined by examining the	6675
elector's voting record for the current year and the immediately	6676
preceding two calendar years as shown on the voter's registration	6677
card and by examining any political party designation form	6678
submitted by that elector pursuant to division (A) of section	6679
3503.20 of the Revised Code, using the standards of affiliation	6680
specified in the seventh paragraph of section 3513.05 of the	6681
Revised Code. Division (A)(3) of this section and the seventh	6682
paragraph of section 3513.05 of the Revised Code do not prohibit a	6683
person who holds an elective office for which candidates are	6684
nominated at a party primary election from doing any of the	6685
following:	6686

(a) If the person voted as a member of a different political	6687
party at any primary election within the current year and the	6688
immediately preceding two calendar years, being a candidate for	6689
nomination at a party primary held during the times specified in	6690
division (C)(2) of section 3513.191 of the Revised Code provided	6691
that the person complies with the requirements of that section;	6692

(b) Circulating the person's own petition of candidacy for	6693
party nomination in the primary election.	6694

(B) When the right of a person to vote is challenged upon the	6695
ground set forth in division (A)(3) of this section, membership in	6696
or political affiliation with a political party shall be	6697
determined by the person's statement, made under penalty of	6698
election falsification, that the person desires to be affiliated	6699
with and supports the principles of the political party whose	6700
primary ballot the person desires to vote.	6701

Sec. 3513.20.  Before any challenged person shall be allowed	6702
to vote at a primary election hethe person shall make a	6703
statement, under penalty of election falsification, before one of	6704
the precinct officials, blanks for which shall be furnished by the	6705
board of elections, giving name, age, residence, length of	6706
residence in the precinct, county, and state; stating that the	6707
person desires to be affiliated with and supports the principles	6708
of the political party whose ballot the person desires to vote;	6709
and giving all other facts necessary to determine whether hethe	6710
person is entitled to vote in such primary election. Such	6711
statement shall be returned to the office of the board with the	6712
pollbooks and tally sheets.	6713

If a person challenged refuses to make such statement under	6714
penalty of election falsification, hethe person shall be refused	6715
permitted to vote a provisional ballot under section 3505.181 of	6716
the Revised Code. If a majority of the precinct officials finds	6717
that the statements of a person challenged or histhe person's	6718
voting record or other evidence shows that hethe person lacks any	6719
of the qualifications required to make himthe person a qualified	6720
elector at such primary election or that hethe person is not	6721
affiliated with or is not a member of the political party whose	6722
ballot hethe person desires to vote, hethe person shall be	6723
refusedpermitted to vote a provisional ballot under section	6724
3505.181 of the Revised Code.	6725

Sec. 3513.22. (A) Not earlier than the eleventh day or later	6726
than the fifteenth day after a primary election, the board of	6727
elections shall begin to canvass the election returns from the	6728
precincts in which electors were entitled to vote at that election	6729
and shall continue the canvass daily until it is completed.	6730

The board shall complete the canvass not later than the date	6731
set by the secretary of state under division (U) of section	6732
3501.05 of the Revised Codetwenty-first day after the day of the	6733
election. SixtyEighty-one days after the date set byday of the	6734
secretary of state for the completion of the canvasselection, the	6735
canvass of election returns shall be deemed final, and no	6736
amendments to the canvass may be made after that date. The	6737
secretary of state may specify an earlier date upon which the	6738
canvass of election returns shall be deemed final, and after which	6739
amendments to the final canvass may not be made, if so required by	6740
federal law.	6741

(B) The county executive committee of each political party	6742
that participated in the election, and each committee designated	6743
in a petition to represent the petitioners pursuant to which a	6744
question or issue was submitted at the election, may designate a	6745
qualified elector who may be present at and may witnessobserve	6746
the making of the canvass. Each person for whom votes were cast in	6747
the election may also be present at and witnessobserve the making	6748
of the canvass.	6749

(C) When the canvass of the election returns from all of the	6750
precincts in the county in which electors were entitled to vote at	6751
the election has been completed, the board shall determine and	6752
declare the results of the elections determined by the electors of	6753
the county or of a district or subdivision within the county. If	6754
more than the number of persons to be nominated for or elected to	6755
an office received the largest and an equal number of votes, the	6756
tie shall be resolved by lot by the chairperson of the board in	6757
the presence of a majority of the members of the board. The	6758
declaration shall be in writing and shall be signed by at least a	6759
majority of the members of the board. It shall bear the date of	6760
the day upon which it is made, and a copy of it shall be posted by	6761
the board in a conspicuous place in its office. The board shall	6762
keep the copy posted for a period of at least five days.	6763

The board shall promptly certify abstracts of the results of	6764
the elections within its county upon forms the secretary of state	6765
prescribes. One certified copy of each abstract shall be kept in	6766
the office of the board, and one certified copy of each abstract	6767
shall promptly be sent to the secretary of state. The board shall	6768
also promptly send a certified copy of that part of an abstract	6769
that pertains to an election in which only electors of a district	6770
comprised of more than one county but less than all of the	6771
counties of the state voted to the board of the most populous	6772
county in the district. It shall also promptly send a certified	6773
copy of that part of an abstract that pertains to an election in	6774
which only electors of a subdivision located partly within the	6775
county voted to the board of the county in which the major portion	6776
of the population of the subdivision is located.	6777

If, after certifying and sending abstracts and parts of	6778
abstracts, a board finds that any abstract or part of any abstract	6779
is incorrect, it shall promptly prepare, certify, and send a	6780
corrected abstract or part of an abstract to take the place of	6781
each incorrect abstract or part of an abstract previously	6782
certified and sent.	6783

(D)(1) When certified copies of abstracts are received by the	6784
secretary of state, the secretary of state shall canvass those	6785
abstracts and determine and declare the results of all elections	6786
in which electors throughout the entire state voted. If more than	6787
the number of persons to be nominated for or elected to an office	6788
received the largest and an equal number of votes, the tie shall	6789
be resolved by lot by the secretary of state in the presence of	6790
the governor, the auditor of state, and the attorney general, who	6791
at the request of the secretary of state shall assemble to witness	6792
the drawing of the lot. The declaration of results by the	6793
secretary of state shall be in writing and shall be signed by the	6794
secretary of state. It shall bear the date of the day upon which	6795
it is made, and a copy of it shall be posted by the secretary of	6796
state in a conspicuous place in the secretary of state's office.	6797
The secretary of state shall keep the copy posted for a period of	6798
at least five days.	6799

(2) When certified copies of parts of abstracts are received	6800
by the board of the most populous county in a district from the	6801
boards of all of the counties in the district, the board receiving	6802
those abstracts shall canvass them and determine and declare the	6803
results of the elections in which only electors of the district	6804
voted. If more than the number of persons to be nominated for or	6805
elected to an office received the largest and equal number of	6806
votes, the tie shall be resolved by lot by the chairperson of the	6807
board in the presence of a majority of the members of the board.	6808
The declaration of results by the board shall be in writing and	6809
shall be signed by at least a majority of the members of the	6810
board. It shall bear the date of the day upon which it is made,	6811
and a copy of it shall be posted by the board in a conspicuous	6812
place in its office. The board shall keep the copy posted for a	6813
period of at least five days.	6814

(3) When certified copies of parts of abstracts are received	6815
by the board of a county in which the major portion of the	6816
population of a subdivision located in more than one county is	6817
located from the boards of each county in which other portions of	6818
that subdivision are located, the board receiving those abstracts	6819
shall canvass them and determine and declare the results of the	6820
elections in which only electors of that subdivision voted. If	6821
more than the number of persons to be nominated for or elected to	6822
an office received the largest and an equal number of votes, the	6823
tie shall be resolved by lot by the chairperson of the board in	6824
the presence of a majority of the members of the board. The	6825
declaration of results by the board shall be in writing and shall	6826
be signed by at least a majority of the members of the board. It	6827
shall bear the date of the day upon which it is made, and a copy	6828
of it shall be posted by the board in a conspicuous place in its	6829
office. The board shall keep the copy posted for a period of at	6830
least five days.	6831

(E) Election officials, who are required to declare the	6832
results of primary elections, shall issue to each person declared	6833
nominated for or elected to an office, an appropriate certificate	6834
of nomination or election, provided that the boards required to	6835
determine and declare the results of the elections for candidates	6836
for nomination to the office of representative to congress from a	6837
congressional district shall, in lieu of issuing a certificate of	6838
nomination, certify to the secretary of state the names of the	6839
candidates nominated, and the secretary of state, upon receipt of	6840
that certification, shall issue a certificate of nomination to	6841
each person whose name is so certified. Certificates of nomination	6842
or election issued by boards to candidates and certifications to	6843
the secretary of state shall not be issued before the expiration	6844
of the time within which applications for recounts of votes may be	6845
filed or before recounts of votes, which have been applied for,	6846
are completed.	6847

Sec. 3513.257.  Each person desiring to become an independent	6848
candidate for an office for which candidates may be nominated at a	6849
primary election, except persons desiring to become independent	6850
joint candidates for the offices of governor and lieutenant	6851
governor and for the offices of president and vice-president of	6852
the United States, shall file no later than four p.m. of the day	6853
before the day of the primary election immediately preceding the	6854
general election at which such candidacy is to be voted for by the	6855
voters, a statement of candidacy and nominating petition as	6856
provided in section 3513.261 of the Revised Code. Persons desiring	6857
to become independent joint candidates for the offices of governor	6858
and lieutenant governor shall file, not later than four p.m. of	6859
the day before the day of the primary election, one statement of	6860
candidacy and one nominating petition for the two of them. Persons	6861
desiring to become independent joint candidates for the offices of	6862
president and vice-president of the United States shall file, not	6863
later than four p.m. of the seventy-fifth day before the day of	6864
the general election at which the president and vice-president are	6865
to be elected, one statement of candidacy and one nominating	6866
petition for the two of them. The prospective independent joint	6867
candidates' statement of candidacy shall be filed with the	6868
nominating petition as one instrument.	6869

The statement of candidacy and separate petition papers of	6870
each candidate or pair of joint candidates shall be filed at the	6871
same time as one instrument.	6872

The nominating petition shall contain signatures of qualified	6873
electors of the district, political subdivision, or portion of a	6874
political subdivision in which the candidacy is to be voted on in	6875
an amount to be determined as follows:	6876

(A) If the candidacy is to be voted on by electors throughout	6877
the entire state, the nominating petition, including the	6878
nominating petition of independent joint candidates for the	6879
offices of governor and lieutenant governor, shall be signed by no	6880
less than five thousand qualified electors, provided that no	6881
petition shall be accepted for filing if it purports to contain	6882
more than fifteen thousand signatures.	6883

(B) If the candidacy is to be voted on by electors in any	6884
district, political subdivision, or part thereof in which less	6885
than five thousand electors voted for the office of governor at	6886
the most recent election for that office, the nominating petition	6887
shall contain signatures of not less than twenty-five qualified	6888
electors of the district, political subdivision, or part thereof,	6889
or a number of qualified signatures equal to at least five per	6890
cent of that vote, if this number is less than twenty-five.	6891

(C) If the candidacy is to be voted on by electors in any	6892
district, political subdivision, or part thereof in which five	6893
thousand or more electors voted for the office of governor at the	6894
most recent election for that office, the nominating petition	6895
shall contain a number of signatures equal to at least one per	6896
cent of those electors.	6897

All nominating petitions of candidates for offices to be	6898
voted on by electors throughout the entire state shall be filed in	6899
the office of the secretary of state. No nominating petition for	6900
the offices of president and vice-president of the United States	6901
shall be accepted for filing unless there is submitted to the	6902
secretary of state, at the time of filing the petition, a slate of	6903
presidential electors sufficient in number to satisfy the	6904
requirement of the United States Constitution. The secretary of	6905
state shall not accept for filing the statement of candidacy of a	6906
person who desires to be an independent candidate for the office	6907
of governor unless it also shows the joint candidacy of a person	6908
who desires to be an independent candidate for the office of	6909
lieutenant governor, shall not accept for filing the statement of	6910
candidacy of a person who desires to be an independent candidate	6911
for the office of lieutenant governor unless it also shows the	6912
joint candidacy of a person who desires to be an independent	6913
candidate for the office of governor, and shall not accept for	6914
filing the statement of candidacy of a person who desires to be an	6915
independent candidate to the office of governor or lieutenant	6916
governor who, for the same election, has already filed a	6917
declaration of candidacy, a declaration of intent to be a write-in	6918
candidate, or a statement of candidacy, or has become a candidate	6919
by the filling of a vacancy under section 3513.30 of the Revised	6920
Code for any other state office or any federal or county office.	6921

Nominating petitions of candidates for offices to be voted on	6922
by electors within a district or political subdivision comprised	6923
of more than one county but less than all counties of the state	6924
shall be filed with the boards of elections of that county or part	6925
of a county within the district or political subdivision which had	6926
a population greater than that of any other county or part of a	6927
county within the district or political subdivision according to	6928
the last federal decennial census.	6929

Nominating petitions for offices to be voted on by electors	6930
within a county or district smaller than a county shall be filed	6931
with the board of elections for such county.	6932

No petition other than the petition of a candidate whose	6933
candidacy is to be considered by electors throughout the entire	6934
state shall be accepted for filing if it appears on its face to	6935
contain more than three times the minimum required number of	6936
signatures. A board of elections shall not accept for filing a	6937
nominating petition of a person seeking to become a candidate if	6938
that person, for the same election, has already filed a	6939
declaration of candidacy, a declaration of intent to be a write-in	6940
candidate, or a nominating petition, or has become a candidate by	6941
the filling of a vacancy under section 3513.30 of the Revised Code	6942
for any federal, state, or county office, if the nominating	6943
petition is for a state or county office, or for any municipal or	6944
township office, for member of a city, local, or exempted village	6945
board of education, or for member of a governing board of an	6946
educational service center, if the nominating petition is for a	6947
municipal or township office, or for member of a city, local, or	6948
exempted village board of education, or for member of a governing	6949
board of an educational service center. When a petition of a	6950
candidate has been accepted for filing by a board of elections,	6951
the petition shall not be deemed invalid if, upon verification of	6952
signatures contained in the petition, the board of elections finds	6953
the number of signatures accepted exceeds three times the minimum	6954
number of signatures required. A board of elections may	6955
discontinue verifying signatures when the number of verified	6956
signatures on a petition equals the minimum required number of	6957
qualified signatures.	6958

Any nonjudicial candidate who files a nominating petition may	6959
request, at the time of filing, that the candidate be designated	6960
on the ballot as a nonparty candidate or as an other-party	6961
candidate, or may request that the candidate's name be placed on	6962
the ballot without any designation. Any such candidate who fails	6963
to request a designation either as a nonparty candidate or as an	6964
other-party candidate shall have the candidate's name placed on	6965
the ballot without any designation.	6966

The purpose of establishing a filing deadline for independent	6967
candidates prior to the primary election immediately preceding the	6968
general election at which the candidacy is to be voted on by the	6969
voters is to recognize that the state has a substantial and	6970
compelling interest in protecting its electoral process by	6971
encouraging political stability, ensuring that the winner of the	6972
election will represent a majority of the community, providing the	6973
electorate with an understandable ballot, and enhancing voter	6974
education, thus fostering informed and educated expressions of the	6975
popular will in a general election. The filing deadline for	6976
independent candidates required in this section prevents	6977
splintered parties and unrestrained factionalism, avoids political	6978
fragmentation, and maintains the integrity of the ballot. The	6979
deadline, one day prior to the primary election, is the least	6980
drastic or restrictive means of protecting these state interests.	6981
The general assembly finds that the filing deadline for	6982
independent candidates in primary elections required in this	6983
section is reasonably related to the state's purpose of ensuring	6984
fair and honest elections while leaving unimpaired the political,	6985
voting, and associational rights secured by the first and	6986
fourteenth amendments to the United States Constitution.	6987

Sec. 3513.259.  Nominations of candidates for the office of	6988
member of the state board of education shall be made only by	6989
nominating petition. The nominating petition of a candidate for	6990
the office of member of the state board of education shall be	6991
signed by not less than one hundred qualified electors.	6992

No such nominating petition shall be accepted for filing if	6993
it appears on its face to contain signatures aggregating in number	6994
more than three times the minimum number of signatures required by	6995
this section. A board of elections shall not accept for filing a	6996
nominating petition of a person if that person, for the same	6997
election, has already filed a declaration of candidacy, a	6998
declaration of intent to be a write-in candidate, or a nominating	6999
petition, or has become a candidate through party nomination at a	7000
primary election or by the filling of a vacancy under section	7001
3513.30 or 3513.31 of the Revised Code, to be a candidate for any	7002
other state office or any federal or county office. When a	7003
petition of a candidate has been accepted for filing by a board of	7004
elections, the petition shall not be deemed invalid if, upon	7005
verification of signatures contained in the petition, the board of	7006
elections finds the number of signatures accepted exceeds three	7007
times the minimum number of signatures required. A board of	7008
elections may discontinue verifying signatures when the number of	7009
verified signatures equals the minimum required number of	7010
signatures. Such petition shall be filed with the board of	7011
elections of the most populous county in such district not later	7012
than four p.m. of the seventy-fifth day before the day of the	7013
general election at which state board of education members are	7014
elected.	7015

Each nominating petition shall be signed by qualified	7016
electors residing in the district in which the candidate	7017
designated therein would be a candidate for election to the office	7018
of member of the state board of education. Each candidate shall be	7019
a qualified elector residing in the district in which the	7020
candidate seeks election to such office.	7021

As the word "district" is used in this section, it refers to	7022
a district created under section 3301.01 of the Revised Code.	7023

Sec. 3513.261.  A nominating petition may consist of one or	7024
more separate petition papers, each of which shall be	7025
substantially in the form prescribed in this section. If the	7026
petition consists of more than one separate petition paper, the	7027
statement of candidacy of the candidate or joint candidates named	7028
need be signed by the candidate or joint candidates on only one of	7029
such separate petition papers, but the statement of candidacy so	7030
signed shall be copied on each other separate petition paper	7031
before the signatures of electors are placed on it. Each	7032
nominating petition containing signatures of electors of more than	7033
one county shall consist of separate petition papers each of which	7034
shall contain signatures of electors of only one county; provided	7035
that petitions containing signatures of electors of more than one	7036
county shall not thereby be declared invalid. In case petitions	7037
containing signatures of electors of more than one county are	7038
filed, the board of elections shall determine the county from	7039
which the majority of the signatures came, and only signatures	7040
from this county shall be counted. Signatures from any other	7041
county shall be invalid.	7042

All signatures on nominating petitions shall be written in	7043
ink or indelible pencil.	7044

At the time of filing a nominating petition, the candidate	7045
designated in the nominating petition, and joint candidates for	7046
governor and lieutenant governor, shall pay to the election	7047
officials with whom it is filed the fees specified for the office	7048
under divisions (A) and (B) of section 3513.10 of the Revised	7049
Code. The fees shall be disposed of by those election officials in	7050
the manner that is provided in section 3513.10 of the Revised Code	7051
for the disposition of other fees, and in no case shall a fee	7052
required under that section be returned to a candidate.	7053

Candidates or joint candidates whose names are written on the	7054
ballot, and who are elected, shall pay the same fees under section	7055
3513.10 of the Revised Code that candidates who file nominating	7056
petitions pay. Payment of these fees shall be a condition	7057
precedent to the granting of their certificates of election.	7058

Each nominating petition shall contain a statement of	7059
candidacy that shall be signed by the candidate or joint	7060
candidates named in it. Such statement of candidacy shall contain	7061
a declaration made under penalty of election falsification that	7062
the candidate desires to be a candidate for the office named in	7063
it, and that the candidate is an elector qualified to vote for the	7064
office the candidate seeks.	7065

The form of the nominating petition and statement of	7066
candidacy shall be substantially as follows:	7067

"STATEMENT OF CANDIDACY

7068

I, ................................... (Name of candidate),	7069
the undersigned, hereby declare under penalty of election	7070
falsification that my voting residence is in ................	7071
.......... Precinct of the ......................... (Township) or	7072
(Ward and City, or Village) in the county of ............... Ohio;	7073
that my post-office address is ............................	7074
(Street and Number, if any, or Rural Route and Number) of the	7075
............................... (City, Village, or post office) of	7076
...................., Ohio; and that I am a qualified elector in	7077
the precinct in which my voting residence is located. I hereby	7078
declare that I desire to be a candidate for election to the office	7079
of .............. in the ........................ (State,	7080
District, County, City, Village, Township, or School District) for	7081
the ...................................... (Full term or unexpired	7082
term ending ................) at the General Election to be held	7083
on the ........... day of ..............., ....	7084

I further declare that I am an elector qualified to vote for	7085
the office I seek. Dated this ....... day of .............., ....	7086

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	7089
OF THE FIFTH DEGREE.	7090

I, ................................., hereby constitute the	7091
persons named below a committee to represent me:	7092

NOMINATING PETITION

7099

We, the undersigned, qualified electors of the state of Ohio,	7100
whose voting residence is in the County, City, Village, Ward,	7101
Township or Precinct set opposite our names, hereby nominate	7102
.................... as a candidate for election to the office of	7103
........................... in the ............................	7104
(State, District, County, City, Village, Township, or School	7105
District) for the ................. (Full term or unexpired term	7106
ending ...................) to be voted for at the general	7107
election next hereafter to be held, and certify that this person	7108
is, in our opinion, well qualified to perform the duties of the	7109
office or position to which the person desires to be elected.	7110

..........................., declares under penalty of election	7124
falsification that such person is a qualified elector of the state	7125
of Ohio and resides at the address appearing below such person's	7126
signature hereto; that such person is the circulator of the	7127
foregoing petition paper containing ................ signatures;	7128
that such person witnessed the affixing of every signature; that	7129
all signers were to the best of such person's knowledge and belief	7130
qualified to sign; and that every signature is to the best of such	7131
person's knowledge and belief the signature of the person whose	7132
signature it purports to be.	7133

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	7143
OF THE FIFTH DEGREE."	7144

The secretary of state shall prescribe a form of nominating	7145
petition for a group of candidates for the office of member of a	7146
board of education, township office, and offices of municipal	7147
corporations of under two thousand population.	7148

The secretary of state shall prescribe a form of statement of	7149
candidacy and nominating petition, which shall be substantially	7150
similar to the form of statement of candidacy and nominating	7151
petition set forth in this section, that will be suitable for	7152
joint candidates for the offices of governor and lieutenant	7153
governor.	7154

If such petition nominates a candidate whose election is to	7155
be determined by the electors of a county or a district or	7156
subdivision within the county, it shall be filed with the board of	7157
such county. If the petition nominates a candidate whose election	7158
is to be determined by the voters of a subdivision located in more	7159
than one county, it shall be filed with the board of the county in	7160
which the major portion of the population of such subdivision is	7161
located.	7162

If the petition nominates a candidate whose election is to be	7163
determined by the electors of a district comprised of more than	7164
one county but less than all of the counties of the state, it	7165
shall be filed with the board of elections of the most populous	7166
county in such district. If the petition nominates a candidate	7167
whose election is to be determined by the electors of the state at	7168
large, it shall be filed with the secretary of state.	7169

The secretary of state or a board of elections shall not	7170
accept for filing a nominating petition of a person seeking to	7171
become a candidate if that person, for the same election, has	7172
already filed a declaration of candidacy, a declaration of intent	7173
to be a write-in candidate, or a nominating petition, or has	7174
become a candidate through party nomination at a primary election	7175
or by the filling of a vacancy under section 3513.30 or 3513.31 of	7176
the Revised Code for any federal, state, or county office, if the	7177
nominating petition is for a state or county office, or for any	7178
municipal or township office, for member of a city, local, or	7179
exempted village board of education, or for member of a governing	7180
board of an educational service center, if the nominating petition	7181
is for a municipal or township office, or for member of a city,	7182
local, or exempted village board of education, or for member of a	7183
governing board of an educational service center.	7184

Sec. 3513.30.  (A)(1) WhereIf only one valid declaration of	7185
candidacy is filed for nomination as a candidate of a political	7186
party for an office and suchthat candidate dies prior to the	7187
tenth day before the primary election, both of the following may	7188
occur:	7189

(a) The political party whose candidate died may fill the	7190
vacancy so created as provided in division (A)(2) of this section.	7191

(b) Any major political party other than the one whose	7192
candidate died may select a candidate as provided in division	7193
(A)(2) of this section under either of the following	7194
circumstances:	7195

(i) No person has filed a valid declaration of candidacy for	7196
nomination as that party's candidate at the primary election.	7197

(ii) Only one person has filed a valid declaration of	7198
candidacy for nomination as that party's candidate at the primary	7199
election, that person has withdrawn, died, or been disqualified	7200
under section 3513.052 of the Revised Code, and the vacancy so	7201
created has not been filled.	7202

(2) A vacancy may be filled under division (A)(1)(a) and a	7203
selection may be made under division (A)(1)(b) of this section by	7204
the appropriate committee of the political party in the same	7205
manner as provided in divisions (A) to (E) of section 3513.31 of	7206
the Revised Code for the filling of similar vacancies created by	7207
withdrawals or disqualifications under section 3513.052 of the	7208
Revised Code after the primary election, except that the	7209
certification required under that section may not be filed with	7210
the secretary of state, or with a board of the most populous	7211
county of a district, or with the board of a county in which the	7212
major portion of the population of a subdivision is located, later	7213
than four p.m. of the tenth day before the day of such primary	7214
election, or with any other board later than four p.m. of the	7215
fifth day before the day of such primary election.	7216

(3) If only one valid declaration of candidacy is filed for	7217
nomination as a candidate of a political party for an office and	7218
that candidate dies on or after the tenth day before the day of	7219
the primary election, that candidate is considered to have	7220
received the nomination of that candidate's political party at	7221
that primary election, and, for purposes of filling the vacancy so	7222
created, that candidate's death shall be treated as if that	7223
candidate died on the day after the day of the primary election.	7224

(B) Any person filing a declaration of candidacy may withdraw	7225
as such candidate at any time prior to the primary election, or,	7226
if the primary election is a presidential primary election, at any	7227
time prior to the fiftieth day before the presidential primary	7228
election. The withdrawal shall be effected and the statement of	7229
withdrawal shall be filed in accordance with the procedures	7230
prescribed in division (D) of this section for the withdrawal of	7231
persons nominated in a primary election or by nominating petition.	7232

(C) A person who is the first choice for president of the	7233
United States by a candidate for delegate or alternate to a	7234
national convention of a political party may withdraw consent for	7235
the selection of the person as such first choice no later than	7236
four p.m. of the thirtieth day before the day of the presidential	7237
primary election. Withdrawal of consent shall be for the entire	7238
slate of candidates for delegates and alternates who named such	7239
person as their presidential first choice and shall constitute	7240
withdrawal from the primary election by such delegates and	7241
alternates. The withdrawal shall be made in writing and delivered	7242
to the secretary of state. TheIf the withdrawal is delivered to	7243
the secretary of state on or before the sixtieth day before the	7244
day of the primary election, or, if the election is a presidential	7245
primary election, on or before the forty-fifth day before the day	7246
of the presidential primary election, the boards of elections	7247
shall remove both the name of the withdrawn first choice and the	7248
names of such withdrawn candidates from the ballots to the extent	7249
practicable in the time remaining before the election and	7250
according to the directions of the secretary of state. If the	7251
withdrawal is delivered to the secretary of state after the	7252
sixtieth day before the day of the primary election, or, if the	7253
election is a presidential primary election, after the forty-fifth	7254
day before the day of the presidential primary election, the board	7255
of elections shall not remove the name of the withdrawn first	7256
choice and the names of the withdrawn candidates from the ballots.	7257
The board of elections shall post a notice at each polling	7258
location on the day of the primary election, and shall enclose	7259
with each absent voter's ballot given or mailed after the	7260
candidate withdraws, a notice that votes for the withdrawn first	7261
choice or candidates will be void and will not be counted. If such	7262
names are not removed from all ballots before the day of the	7263
election, the votes for the withdrawn first choice or candidates	7264
are void and shall not be counted.	7265

(D) Any person nominated in a primary election or by	7266
nominating petition as a candidate for election at the next	7267
general election may withdraw as such candidate at any time prior	7268
to the general election. Such withdrawal may be effected by the	7269
filing of a written statement by such candidate announcing the	7270
candidate's withdrawal and requesting that the candidate's name	7271
not be printed on the ballots. If such candidate's declaration of	7272
candidacy or nominating petition was filed with the secretary of	7273
state, the candidate's statement of withdrawal shall be addressed	7274
to and filed with the secretary of state. If such candidate's	7275
declaration of candidacy or nominating petition was filed with a	7276
board of elections, the candidate's statement of withdrawal shall	7277
be addressed to, and filed with such board.	7278

(E) When a person withdraws under division (B) or (D) of this	7279
section on or before the sixtieth day before the day of the	7280
primary election, or, if the election is a presidential primary	7281
election, on or before the forty-fifth day before the day of the	7282
presidential primary election, the board of elections shall remove	7283
the name of the withdrawn candidate from the ballots to the extent	7284
practicable in the time remaining before the election and	7285
according to the directions of the secretary of state. When a	7286
person withdraws under division (B) or (D) of this section after	7287
the sixtieth day before the day of the primary election, or, if	7288
the election is a presidential primary election, after the	7289
forty-fifth day before the day of the presidential primary	7290
election, the board of elections shall not remove the name of the	7291
withdrawn candidate from the ballots. The board of elections shall	7292
post a notice at each polling place on the day of the primary	7293
election, and shall enclose with each absent voter's ballot given	7294
or mailed after the candidate withdraws, a notice that votes for	7295
the withdrawn candidate will be void and will not be counted. If	7296
the name is not removed from all ballots before the day of the	7297
election, the votes for the withdrawn candidate are void and shall	7298
not be counted.	7299

Sec. 3515.03.  Each application for recount shall separately	7300
list each precinct as to which a recount of the votes therein is	7301
requested, and the person filing an application shall at the same	7302
time deposit with the board of elections tenfifty dollars in	7303
currency, bank money order, bank cashier's check, or certified	7304
check for each precinct so listed in such application as security	7305
for the payment of charges for making the recount therein applied	7306
for, which charges shall be fixed by the board as provided in	7307
section 3515.07 of the Revised Code.	7308

Upon the filing of an application, or upon declaration by the	7309
board or secretary of state that the number of votes cast in any	7310
election for the declared winning nominee, candidate, question, or	7311
issue does not exceed the number of votes cast for the defeated	7312
nominee, candidate, question, or issue, by the margins set forth	7313
in section 3515.011 of the Revised Code, the board shall promptly	7314
fix the time, method, and the place at which the recount will be	7315
made, which time shall be not later than ten days after the day	7316
upon which such application is filed or such declaration is made.	7317
If the recount involves a candidate for election to an office	7318
comprising more than one county, the director of the board shall	7319
promptly mail notice of the time and place for such recount to the	7320
board of the most populous county of the district. If the contest	7321
involves a state office, the director shall promptly notify the	7322
secretary of state of the filing for such recount.	7323

The director of the board shall mail notice of the time and	7324
place so fixed to any applicant and to each person for whom votes	7325
were cast for such nomination or election. Such notice shall be	7326
mailed by certified mail not later than the fifth day before the	7327
day fixed for the commencement of the recount. Persons entitled to	7328
have such notice mailed to them may waive their right to have it	7329
mailed by filing with the director a written waiver to that	7330
effect. Each person entitled to receive such notice may attend and	7331
witnessobserve the recount and may have any person whom the	7332
candidate designates attend and witnessobserve the recount. At	7333
any time after a winning nominee or candidate is declared but	7334
before the time for a recount pursuant to section 3515.011 of the	7335
Revised Code commences, the declared losing nominee or candidate	7336
may file with the board a written request to stop the recount from	7337
commencing. In the case of more than one declared losing candidate	7338
or nominee, each of whom is entitled to a recount pursuant to	7339
section 3515.011 of the Revised Code, each such declared losing	7340
candidate or nominee must file with the board such written request	7341
to stop the recount from commencing. The board shall grant such	7342
request and shall not commence the recount.	7343

In the case of a recount of votes cast upon a question or	7344
issue, any group of five or more qualified electors, who voted	7345
upon such question or issue and whose votes were in opposition to	7346
the votes of the members of the group of electors who applied for	7347
such recount, or for whom such recount was required by section	7348
3515.011 of the Revised Code, may file with the board a written	7349
statement to that effect, shall designate therein one of their	7350
number as chairmanchairperson of such group and may appoint an	7351
attorney at law as their legal counsel, and may request that the	7352
persons so designated be permitted to attend and witnessobserve	7353
the recount. Thereupon the persons so designated may attend and	7354
witnessobserve the recount.	7355

Sec. 3515.04.  At the time and place fixed for making a	7356
recount, the board of elections, in the presence of all witnesses	7357
observers who may be in attendance, shall open the sealed	7358
containers containing the ballots to be recounted, and shall	7359
recount them. If a county used punch card ballots and if a chad is	7360
attached to a punch card ballot by three or four corners, the	7361
voter shall be deemed by the board not to have recorded a	7362
candidate, question, or issue choice at the particular position on	7363
the ballot, and a vote shall not be counted at that particular	7364
position on the ballot in the recount. Ballots shall be handled	7365
only by the members of the board or by the director or other	7366
employees of the board. WitnessesObservers shall be permitted to	7367
see the ballots, but they shall not be permitted to touch them,	7368
and the board shall not permit the counting or tabulation of votes	7369
shown on the ballots for any nomination, or for election to any	7370
office or position, or upon any question or issue, other than the	7371
votes shown on such ballots for the nomination, election,	7372
question, or issue concerning which a recount of ballots was	7373
applied for.	7374

At any time before the ballots from all of the precincts	7375
listed in an application for the recount or involved in a recount	7376
pursuant to section 3515.011 of the Revised Code have been	7377
recounted, the applicant or declared losing candidate or nominee	7378
or each of the declared losing candidates or nominees entitled to	7379
file a request prior to the commencement of a recount, as provided	7380
in section 3515.03 of the Revised Code, may file with the board a	7381
written request to stop the recount and not recount the ballots	7382
from the precincts so listed that have not been recounted prior to	7383
the time of the request. If, upon the request, the board finds	7384
that results of the votes in the precincts recounted, if	7385
substituted for the results of the votes in those precincts as	7386
shown in the abstract of the votes in those precincts, would not	7387
cause the applicant, if a person for whom votes were cast for	7388
nomination or election, to be declared nominated or elected or if	7389
an election upon a question or issue would not cause a result	7390
contrary to the result as declared prior to such recount, it shall	7391
grant the request and shall not recount the ballots of the	7392
precincts listed in the application for recount that have not been	7393
recounted prior to that time. If the board finds otherwise, it	7394
shall deny the request and shall continue to recount ballots until	7395
the ballots from all of the precincts listed in the application	7396
for recount have been recounted; provided that, if the request is	7397
denied, it may be renewed from time to time. Upon any such	7398
renewal, the board shall consider and act upon the request in the	7399
same manner as provided in this section in connection with an	7400
original request.	7401

As used in this section, "chad" and "punch card ballot" have	7402
the same meanings as in section 3506.16 of the Revised Code.	7403

Sec. 3515.041. As required by 3 U.S.C.A. 5, any recount of	7404
votes conducted under this chapter for the election of	7405
presidential electors shall be completed not later than six days	7406
before the time fixed under federal law for the meeting of those	7407
presidential electors.	7408

Sec. 3515.07.  The charges for making a recount of votes of	7409
precincts listed in an application for a recount filed with the	7410
board of elections shall be fixed by the board and shall include	7411
all expenses incurred by such board because of such application	7412
other than the regular operating expenses which the board would	7413
have incurred if the application had not been filed. The total	7414
amount of charges so fixed divided by the number of precincts	7415
listed in such application, the votes of which were recounted,	7416
shall be the charge per precinct for the recount of the votes of	7417
the precincts listed in such application, the votes of which were	7418
recounted; provided that the charges per precinct so fixed shall	7419
not be more than tenfifty nor less than five dollars for each	7420
precinct the votes of which were recounted.	7421

Such charge per precinct shall be deducted by the board from	7422
the money deposited with the board by the applicant for the	7423
recount at the time of filing histhe application, and the balance	7424
of the money so deposited shall be returned to such applicant;	7425
provided that no such charge per precinct shall be deducted by the	7426
board from the money deposited for a recount of votes cast for a	7427
nomination or for an election to an office or position in any	7428
precinct, if the total number of votes cast in such precinct for	7429
the applicant, as recorded by such recount, is more than four per	7430
cent larger than the number of votes for such applicant in such	7431
precinct recorded in the original certified abstract thereof, nor	7432
shall any charge per precinct be deducted for a recount of votes	7433
cast in any precinct upon a question or issue if the total number	7434
of votes in such precinct on the same side of such question or	7435
issue as the side represented by the applicant, as recorded by	7436
such recount, is more than four per cent larger than the number of	7437
votes in such precinct on the same side of such question or issue	7438
recorded in the original certified abstract thereof. No such	7439
charge per precinct shall be deducted if upon the completion of a	7440
recount concerning a nomination or election the applicant is	7441
declared nominated or elected, or if upon the completion of a	7442
recount concerning a question or issue the result of such election	7443
is declared to be opposite to the original declaration of the	7444
result of such election. All moneys deposited with a board by an	7445
applicant shall be deposited in a special depository fund with the	7446
county treasurer. The expenses of the recount and refunds shall be	7447
paid from said fund upon order of the board of elections. Any	7448
balance remaining in such fund shall be paid into the general fund	7449
of the county.	7450

Sec. 3515.072.  (A) In January of each odd-numbered year, the	7451
secretary of state, in accordance with this division and division	7452
(B) of this section, shall adjust each amount specified in	7453
sections 3515.03 and 3515.07 of the Revised Code. The adjustment	7454
shall be based on the yearly average of the previous two years of	7455
the Consumer Price Index for All Urban Consumers or its successive	7456
equivalent, as determined by the United States department of	7457
labor, bureau of labor statistics, or its successor in	7458
responsibility, for all items, Series A. Using the 2005 yearly	7459
average as the base year, the secretary of state shall compare the	7460
most current average consumer price index with that determined in	7461
the preceding odd-numbered year, and shall determine the	7462
percentage increase or decrease. The percentage increase or	7463
decrease shall be multiplied by each actual dollar figure	7464
specified in sections 3515.03 and 3515.07 of the Revised Code as	7465
determined in the previous odd-numbered year, and the product	7466
shall be added to or subtracted from its corresponding actual	7467
dollar figure, as necessary, for that previous odd-numbered year.	7468

If the resulting amount is less than five dollars, the	7469
secretary of state shall retain a record of the resulting amount	7470
and the manner in which it was calculated, but shall not make an	7471
adjustment unless the resulting amount, when added to the	7472
resulting amount calculated in each prior odd-numbered year since	7473
the last adjustment was made, equals or exceeds five dollars.	7474

(B)(1) The secretary of state shall calculate the adjustment	7475
under division (A) of this section and shall report the	7476
calculations and necessary materials to the auditor of state, on	7477
or before the thirty-first day of January of each odd-numbered	7478
year. The secretary of state shall base the adjustment on the most	7479
current consumer price index that is described in division (A) of	7480
this section and that is in effect as of the first day of January	7481
of each odd-numbered year.	7482

(2) The calculations made by the secretary of state under	7483
divisions (A) and (B)(1) of this section shall be certified by the	7484
auditor of state on or before the fifteenth day of February of	7485
each odd-numbered year.	7486

(3) On or before the twenty-fifth day of February of each	7487
odd-numbered year, the secretary of state shall prepare a report	7488
setting forth the amount required to be deposited with a board of	7489
elections at the time a recount application is filed for each	7490
precinct to be recounted under section 3515.03 of the Revised Code	7491
and the minimum and maximum per precinct charge for a recount	7492
under section 3515.07 of the Revised Code. The report and all	7493
documents relating to the calculations contained in the report are	7494
public records. The report shall contain an indication of the	7495
period in which the deposit amounts and the minimum and maximum	7496
per precinct charges apply, a summary of how the deposit amounts	7497
and the minimum and maximum per precinct charges were calculated,	7498
and a statement that the report and all related documents are	7499
available for inspection and copying at the office of the	7500
secretary of state.	7501

(4) On or before the twenty-fifth day of February of each	7502
odd-numbered year, the secretary of state shall transmit the	7503
report to the general assembly and shall send the report by	7504
electronic mail or other form of electronic communication to the	7505
board of elections of each county.	7506

Sec. 3515.08. The(A) Except as otherwise provided in this	7507
division, the nomination or election of any person to any public	7508
office or party position or the approval or rejection of any issue	7509
or question, submitted to the voters, may be contested by	7510
qualified electors of the state or a political subdivision. The	7511
nomination or election of any person to any federal office,	7512
including the office of elector for president and vice president	7513
and the office of member of congress, shall not be subject to a	7514
contest of election conducted under this chapter. Contests of the	7515
nomination or election of any person to any federal office shall	7516
be conducted in accordance with the applicable provisions of	7517
federal law.	7518

(B) In the case of an office to be filled or an issue to be	7519
determined by the voters of the entire state, or for the office of	7520
members of congress, or for judicial offices higher than that of	7521
court of common pleas, or for an office to be filled or an issue	7522
to be determined by the voters of a district larger than a county,	7523
said contest shall be heard and determined by the chief justice of	7524
the supreme court or a justice of the supreme court assigned for	7525
that purpose by the chief justice; except that in a contest for	7526
the office of chief justice of the supreme court, such contest	7527
shall be heard by a justice of such court designated by the	7528
governor.	7529

(C) In the case of all other offices or issues, except	7530
judicial offices, such contests shall be heard and determined by a	7531
judge of the court of common pleas of the county in which the	7532
contest arose. In the case of a contest for a judicial office	7533
within a county, such contest shall be heard by the court of	7534
appeals of the district in which such county is located. If any	7535
contestant alleges prejudice on the part of the judges of the	7536
court of appeals or the court of common pleas, assigned to hear	7537
such appeal, then the chief justice of the supreme court, upon	7538
application of any such contestants and for good cause shown, may	7539
assign judges from another court to hear such contest."	7540

Sec. 3515.13.  If any contest of election involves a recount	7541
of the ballots in any precincts, the court shall immediately order	7542
the ballots of the precincts in which the recount is demanded to	7543
be sent to the court in such manner as the court designates, and	7544
such court may appoint two master commissioners of opposite	7545
political parties to supervise the making of the recount. The	7546
attorneys representing the contestor and the prosecuting attorney	7547
of the county or the attorney general or one of histhe attorney	7548
general's assistants representing the contestee shall be present	7549
at all hearings on such recount. Such commissioners shall receive	7550
ten dollars each per day and their actual traveling expenses when	7551
approved by the presiding judges. The compensation of such clerks	7552
as are deemed necessary by the court shall be determined by the	7553
court on the basis of similar compensation in other public offices	7554
for like work. Both the contestor and contestee may appoint one	7555
inspectorobserver who shall be allowed to see all ballots and	7556
tally sheets and witnessobserve the recount. If the court finds	7557
that the difference in the count from the original count by the	7558
election authorities was the result of fraud, gross negligence, or	7559
willfulness on the part of any election officer or other person,	7560
such court shall forthwith transmit a copy of its decision and of	7561
the evidence to the prosecuting attorney of the county wherein	7562
such fraud or gross negligence was found with directions to	7563
present the same to the next grand jury in the county or to the	7564
attorney general, in the case of state or federal offices, with	7565
directions to prosecute the cases on behalf of the state.	7566

Sec. 3517.01.  (A)(1) A political party within the meaning of	7567
Title XXXV of the Revised Code is any group of voters that, at the	7568
most recent regular state election, polled for its candidate for	7569
governor in the state or nominees for presidential electors at	7570
least five per cent of the entire vote cast for that office or	7571
that filed with the secretary of state, subsequent to any election	7572
in which it received less than five per cent of that vote, a	7573
petition signed by qualified electors equal in number to at least	7574
one per cent of the total vote for governor or nominees for	7575
presidential electors at the most recent election, declaring their	7576
intention of organizing a political party, the name of which shall	7577
be stated in the declaration, and of participating in the	7578
succeeding primary election, held in even-numbered years, that	7579
occurs more than one hundred twenty days after the date of filing.	7580
No such group of electors shall assume a name or designation that	7581
is similar, in the opinion of the secretary of state, to that of	7582
an existing political party as to confuse or mislead the voters at	7583
an election. If any political party fails to cast five per cent of	7584
the total vote cast at an election for the office of governor or	7585
president, it shall cease to be a political party.	7586

(2) A campaign committee shall be legally liable for any	7587
debts, contracts, or expenditures incurred or executed in its	7588
name.	7589

(B) Notwithstanding the definitions found in section 3501.01	7590
of the Revised Code, as used in this section and sections 3517.08	7591
to 3517.14, 3517.99, and 3517.992 of the Revised Code:	7592

(1) "Campaign committee" means an entity that is formed by a	7593
candidate or a combination of two or more persons authorized by a	7594
candidate under section 3517.081 of the Revised Code to receive	7595
contributions and make expenditures and that is legally liable for	7596
any debts, contracts, or expenditures incurred or executed in its	7597
name.	7598

(2) "Campaign treasurer" means an individual appointed by a	7599
candidate under section 3517.081 of the Revised Code.	7600

(3) "Candidate" has the same meaning as in division (H) of	7601
section 3501.01 of the Revised Code and also includes any person	7602
who, at any time before or after an election, receives	7603
contributions or makes expenditures or other use of contributions,	7604
has given consent for another to receive contributions or make	7605
expenditures or other use of contributions, or appoints a campaign	7606
treasurer, for the purpose of bringing about the person's	7607
nomination or election to public office. When two persons jointly	7608
seek the offices of governor and lieutenant governor, "candidate"	7609
means the pair of candidates jointly. "Candidate" does not include	7610
candidates for election to the offices of member of a county or	7611
state central committee, presidential elector, and delegate to a	7612
national convention or conference of a political party.	7613

(4) "Continuing association" means an association, other than	7614
a campaign committee, political party, legislative campaign fund,	7615
or labor organization, that is intended to be a permanent	7616
organization that has a primary purpose other than supporting or	7617
opposing specific candidates, political parties, or ballot issues,	7618
and that functions on a regular basis throughout the year.	7619
"Continuing association" includes organizations that are	7620
determined to be not organized for profit under subsection 501 and	7621
that are described in subsection 501(c)(3), 501(c)(4), or	7622
501(c)(6) of the Internal Revenue Code.	7623

(5) "Contribution" means a loan, gift, deposit, forgiveness	7624
of indebtedness, donation, advance, payment, or transfer of funds	7625
or anything of value, including a transfer of funds from an inter	7626
vivos or testamentary trust or decedent's estate, and the payment	7627
by any person other than the person to whom the services are	7628
rendered for the personal services of another person, which	7629
contribution is made, received, or used for the purpose of	7630
influencing the results of an election. Any loan, gift, deposit,	7631
forgiveness of indebtedness, donation, advance, payment, or	7632
transfer of funds or of anything of value, including a transfer of	7633
funds from an inter vivos or testamentary trust or decedent's	7634
estate, and the payment by any campaign committee, political	7635
action committee, legislative campaign fund, political party, or	7636
person other than the person to whom the services are rendered for	7637
the personal services of another person, that is made, received,	7638
or used by a state or county political party, other than moneys a	7639
state or county political party receives from the Ohio political	7640
party fund pursuant to section 3517.17 of the Revised Code and the	7641
moneys a state or county political party may receive under	7642
sections 3517.101, 3517.1012, and 3517.1013 of the Revised Code,	7643
shall be considered to be a "contribution" for the purpose of	7644
section 3517.10 of the Revised Code and shall be included on a	7645
statement of contributions filed under that section.	7646

"Contribution" does not include any of the following:

7647

(a) Services provided without compensation by individuals	7648
volunteering a portion or all of their time on behalf of a person;	7649

(b) Ordinary home hospitality;

7650

(c) The personal expenses of a volunteer paid for by that	7651
volunteer campaign worker;	7652

(d) Any gift given to a state or county political party	7653
pursuant to section 3517.101 of the Revised Code. As used in	7654
division (B)(5)(d) of this section, "political party" means only a	7655
major political party;	7656

(e) Any contribution as defined in section 3517.1011 of the	7657
Revised Code that is made, received, or used to pay the direct	7658
costs of producing or airing an electioneering communication;	7659

(f) Any gift given to a state or county political party for	7660
the party's restricted fund under division (A)(2) of section	7661
3517.1012 of the Revised Code;	7662

(g) Any gift given to a state political party for deposit in	7663
a levinLevin account pursuant to section 3517.1013 of the Revised	7664
Code. As used in this division, "levinLevin account" has the same	7665
meaning as in that section.	7666

(6) "Expenditure" means the disbursement or use of a	7667
contribution for the purpose of influencing the results of an	7668
election or of making a charitable donation under division (G) of	7669
section 3517.08 of the Revised Code. Any disbursement or use of a	7670
contribution by a state or county political party is an	7671
expenditure and shall be considered either to be made for the	7672
purpose of influencing the results of an election or to be made as	7673
a charitable donation under division (G) of section 3517.08 of the	7674
Revised Code and shall be reported on a statement of expenditures	7675
filed under section 3517.10 of the Revised Code. During the thirty	7676
days preceding a primary or general election, any disbursement to	7677
pay the direct costs of producing or airing a broadcast, cable, or	7678
satellite communication that refers to a clearly identified	7679
candidate shall be considered to be made for the purpose of	7680
influencing the results of that election and shall be reported as	7681
an expenditure or as an independent expenditure under section	7682
3517.10 or 3517.105 of the Revised Code, as applicable, except	7683
that the information required to be reported regarding	7684
contributors for those expenditures or independent expenditures	7685
shall be the same as the information required to be reported under	7686
divisiondivisions (D)(1) and (2) of section 3517.1011 of the	7687
Revised Code.	7688

As used in this division, "broadcast, cable, or satellite	7689
communication" and "refers to a clearly identified candidate" have	7690
the same meanings as in section 3517.1011 of the Revised Code.	7691

(7) "Personal expenses" includes, but is not limited to,	7692
ordinary expenses for accommodations, clothing, food, personal	7693
motor vehicle or airplane, and home telephone.	7694

(8) "Political action committee" means a combination of two	7695
or more persons, the primary or major purpose of which is to	7696
support or oppose any candidate, political party, or issue, or to	7697
influence the result of any election through express advocacy, and	7698
that is not a political party, a campaign committee, or a	7699
legislative campaign fund. "Political action committee" does not	7700
include a continuing association that makes disbursements for the	7701
direct costs of producing or airing electioneering communications	7702
and that does not engage in express advocacy.	7703

(9) "Public office" means any state, county, municipal,	7704
township, or district office, except an office of a political	7705
party, that is filled by an election and the offices of United	7706
States senator and representative.	7707

(10) "Anything of value" has the same meaning as in section	7708
1.03 of the Revised Code.	7709

(11) "Beneficiary of a campaign fund" means a candidate, a	7710
public official or employee for whose benefit a campaign fund	7711
exists, and any other person who has ever been a candidate or	7712
public official or employee and for whose benefit a campaign fund	7713
exists.	7714

(12) "Campaign fund" means money or other property, including	7715
contributions.	7716

(13) "Public official or employee" has the same meaning as in	7717
section 102.01 of the Revised Code.	7718

(14) "Caucus" means all of the members of the house of	7719
representatives or all of the members of the senate of the general	7720
assembly who are members of the same political party.	7721

(15) "Legislative campaign fund" means a fund that is	7722
established as an auxiliary of a state political party and	7723
associated with one of the houses of the general assembly.	7724

(16) "In-kind contribution" means anything of value other	7725
than money that is used to influence the results of an election or	7726
is transferred to or used in support of or in opposition to a	7727
candidate, campaign committee, legislative campaign fund,	7728
political party, or political action committee and that is made	7729
with the consent of, in coordination, cooperation, or consultation	7730
with, or at the request or suggestion of the benefited candidate,	7731
committee, fund, or party. The financing of the dissemination,	7732
distribution, or republication, in whole or part, of any broadcast	7733
or of any written, graphic, or other form of campaign materials	7734
prepared by the candidate, the candidate's campaign committee, or	7735
their authorized agents is an in-kind contribution to the	7736
candidate and an expenditure by the candidate.	7737

(17) "Independent expenditure" means an expenditure by a	7738
person advocating the election or defeat of an identified	7739
candidate or candidates, that is not made with the consent of, in	7740
coordination, cooperation, or consultation with, or at the request	7741
or suggestion of any candidate or candidates or of the campaign	7742
committee or agent of the candidate or candidates. As used in	7743
division (B)(17) of this section:	7744

(a) "Person" means an individual, partnership, unincorporated	7745
business organization or association, political action committee,	7746
separate segregated fund, association, or other organization or	7747
group of persons, but not a labor organization or a corporation.	7748

(b) "Advocating" means any communication containing a message	7749
advocating election or defeat.	7750

(c) "Identified candidate" means that the name of the	7751
candidate appears, a photograph or drawing of the candidate	7752
appears, or the identity of the candidate is otherwise apparent by	7753
unambiguous reference.	7754

(d) "Made in coordination, cooperation, or consultation with,	7755
or at the request or suggestion of, any candidate or the campaign	7756
committee or agent of the candidate" means made pursuant to any	7757
arrangement, coordination, or direction by the candidate, the	7758
candidate's campaign committee, or the candidate's agent prior to	7759
the publication, distribution, display, or broadcast of the	7760
communication. An expenditure is presumed to be so made when it is	7761
any of the following:	7762

(i) Based on information about the candidate's plans,	7763
projects, or needs provided to the person making the expenditure	7764
by the candidate, or by the candidate's campaign committee or	7765
agent, with a view toward having an expenditure made;	7766

(ii) Made by or through any person who is, or has been,	7767
authorized to raise or expend funds, who is, or has been, an	7768
officer of the candidate's campaign committee, or who is, or has	7769
been, receiving any form of compensation or reimbursement from the	7770
candidate or the candidate's campaign committee or agent;	7771

(iii) Except as otherwise provided in division (D) of section	7772
3517.105 of the Revised Code, made by a political party in support	7773
of a candidate, unless the expenditure is made by a political	7774
party to conduct voter registration or voter education efforts.	7775

(e) "Agent" means any person who has actual oral or written	7776
authority, either express or implied, to make or to authorize the	7777
making of expenditures on behalf of a candidate, or means any	7778
person who has been placed in a position with the candidate's	7779
campaign committee or organization such that it would reasonably	7780
appear that in the ordinary course of campaign-related activities	7781
the person may authorize expenditures.	7782

(18) "Labor organization" means a labor union; an employee	7783
organization; a federation of labor unions, groups, locals, or	7784
other employee organizations; an auxiliary of a labor union,	7785
employee organization, or federation of labor unions, groups,	7786
locals, or other employee organizations; or any other bona fide	7787
organization in which employees participate and that exists for	7788
the purpose, in whole or in part, of dealing with employers	7789
concerning grievances, labor disputes, wages, hours, and other	7790
terms and conditions of employment.	7791

(19) "Separate segregated fund" means a separate segregated	7792
fund established pursuant to the Federal Election Campaign Act.	7793

(20) "Federal Election Campaign Act" means the "Federal	7794
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et	7795
seq., as amended.	7796

(21) "Restricted fund" means the fund a state or county	7797
political party must establish under division (A)(1) of section	7798
3517.1012 of the Revised Code.	7799

(22) "Electioneering communication" has the same meaning as	7800
in section 3517.1011 of the Revised Code.	7801

(23) "Express advocacy" means a communication that contains	7802
express words advocating the nomination, election, or defeat of a	7803
candidate or that contains express words advocating the adoption	7804
or defeat of a question or issue, as determined by a final	7805
judgment of a court of competent jurisdiction.	7806

(24) "Political committee" has the same meaning as in section	7807
3517.1011 of the Revised Code.	7808

Sec. 3517.10.  (A) Except as otherwise provided in this	7809
division, every campaign committee, political action committee,	7810
legislative campaign fund, and political party that made or	7811
received a contribution or made an expenditure in connection with	7812
the nomination or election of any candidate or in connection with	7813
any ballot issue or question at any election held or to be held in	7814
this state shall file, on a form prescribed under this section or	7815
by electronic means of transmission as provided in this section	7816
and section 3517.106 of the Revised Code, a full, true, and	7817
itemized statement, made under penalty of election falsification,	7818
setting forth in detail the contributions and expenditures, not	7819
later than four p.m. of the following dates:	7820

(1) The twelfth day before the election to reflect	7821
contributions received and expenditures made from the close of	7822
business on the last day reflected in the last previously filed	7823
statement, if any, to the close of business on the twentieth day	7824
before the election;	7825

(2) The thirty-eighth day after the election to reflect the	7826
contributions received and expenditures made from the close of	7827
business on the last day reflected in the last previously filed	7828
statement, if any, to the close of business on the seventh day	7829
before the filing of the statement;	7830

(3) The last business day of January of every year to reflect	7831
the contributions received and expenditures made from the close of	7832
business on the last day reflected in the last previously filed	7833
statement, if any, to the close of business on the last day of	7834
December of the previous year;	7835

(4) The last business day of July of every year to reflect	7836
the contributions received and expenditures made from the close of	7837
business on the last day reflected in the last previously filed	7838
statement, if any, to the close of business on the last day of	7839
June of that year.	7840

A campaign committee shall only be required to file the	7841
statements prescribed under divisions (A)(1) and (2) of this	7842
section in connection with the nomination or election of the	7843
committee's candidate.	7844

The statement required under division (A)(1) of this section	7845
shall not be required of any campaign committee, political action	7846
committee, legislative campaign fund, or political party that has	7847
received contributions of less than one thousand dollars and has	7848
made expenditures of less than one thousand dollars at the close	7849
of business on the twentieth day before the election. Those	7850
contributions and expenditures shall be reported in the statement	7851
required under division (A)(2) of this section.	7852

If an election to select candidates to appear on the general	7853
election ballot is held within sixty days before a general	7854
election, the campaign committee of a successful candidate in the	7855
earlier election may file the statement required by division	7856
(A)(1) of this section for the general election instead of the	7857
statement required by division (A)(2) of this section for the	7858
earlier election if the pregeneral election statement reflects the	7859
status of contributions and expenditures for the period twenty	7860
days before the earlier election to twenty days before the general	7861
election.	7862

If a person becomes a candidate less than twenty days before	7863
an election, the candidate's campaign committee is not required to	7864
file the statement required by division (A)(1) of this section.	7865

No statement under division (A)(3) or (4) of this section	7866
shall be required for any year in which a campaign committee,	7867
political action committee, legislative campaign fund, or	7868
political party is required to file a postgeneral election	7869
statement under division (A)(2) of this section. However, such a	7870
statement may be filed, at the option of the campaign committee,	7871
political action committee, legislative campaign fund, or	7872
political party.	7873

A campaign committee is required to file a statement under	7874
division (A)(4) of this section only if the campaign committee is	7875
the campaign committee of a statewide candidate or the campaign	7876
committee of a candidate for county office. No statement under	7877
division (A)(4) of this section shall be required of a campaign	7878
committee of a statewide candidate or of a campaign committee of a	7879
candidate for county office for any year in which the campaign	7880
committee is required to file a postprimary election statement	7881
under division (A)(2) of this section. However, such a statement	7882
may be filed at the option of the campaign committee.	7883

No statement under division (A)(3) or (4) of this section	7884
shall be required if the campaign committee, political action	7885
committee, legislative campaign fund, or political party has no	7886
contributions that it has received and no expenditures that it has	7887
made since the last date reflected in its last previously filed	7888
statement. However, the campaign committee, political action	7889
committee, legislative campaign fund, or political party shall	7890
file a statement to that effect, on a form prescribed under this	7891
section and made under penalty of election falsification, on the	7892
date required in division (A)(3) or (4) of this section, as	7893
applicable.	7894

The campaign committee of a statewide candidate shall file a	7895
monthly statement of contributions received during each of the	7896
months of July, August, and September in the year of the general	7897
election in which the candidate seeks office. The campaign	7898
committee of a statewide candidate shall file the monthly	7899
statement not later than three business days after the last day of	7900
the month covered by the statement. During the period beginning on	7901
the nineteenth day before the general election in which a	7902
statewide candidate seeks election to office and extending through	7903
the day of that general election, each time the campaign committee	7904
of the joint candidates for the offices of governor and lieutenant	7905
governor or of a candidate for the office of secretary of state,	7906
auditor of state, treasurer of state, or attorney general receives	7907
a contribution from a contributor that causes the aggregate amount	7908
of contributions received from that contributor during that period	7909
to equal or exceed ten thousand dollars and each time the campaign	7910
committee of a candidate for the office of chief justice or	7911
justice of the supreme court receives a contribution from a	7912
contributor that causes the aggregate amount of contributions	7913
received from that contributor during that period to exceed ten	7914
thousand dollars, the campaign committee shall file a	7915
two-business-day statement reflecting that contribution. During	7916
the period beginning on the nineteenth day before a primary	7917
election in which a candidate for statewide office seeks	7918
nomination to office and extending through the day of that primary	7919
election, each time either the campaign committee of a statewide	7920
candidate in that primary election that files a notice under	7921
division (C)(1) of section 3517.103 of the Revised Code or the	7922
campaign committee of a statewide candidate in that primary	7923
election to which, in accordance with division (D) of section	7924
3517.103 of the Revised Code, the contribution limitations	7925
prescribed in section 3517.102 of the Revised Code no longer apply	7926
receives a contribution from a contributor that causes the	7927
aggregate amount of contributions received from that contributor	7928
during that period to exceed ten thousand dollars, the campaign	7929
committee shall file a two-business-day statement reflecting that	7930
contribution. Contributions reported on a two-business-day	7931
statement required to be filed by a campaign committee of a	7932
statewide candidate in a primary election shall also be included	7933
in the postprimary election statement required to be filed by that	7934
campaign committee under division (A)(2) of this section. A	7935
two-business-day statement required by this paragraph shall be	7936
filed not later than two business days after receipt of the	7937
contribution. The statements required by this paragraph shall be	7938
filed in addition to any other statements required by this	7939
section.	7940

Subject to the secretary of state having implemented, tested,	7941
and verified the successful operation of any system the secretary	7942
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of	7943
this section and division (H)(1) of section 3517.106 of the	7944
Revised Code for the filing of campaign finance statements by	7945
electronic means of transmission, a campaign committee of a	7946
statewide candidate shall file a two-business-day statement under	7947
the preceding paragraph by electronic means of transmission if the	7948
campaign committee is required to file a pre-election,	7949
postelection, or monthly statement of contributions and	7950
expenditures by electronic means of transmission under this	7951
section or section 3517.106 of the Revised Code.	7952

If a campaign committee or political action committee has no	7953
balance on hand and no outstanding obligations and desires to	7954
terminate itself, it shall file a statement to that effect, on a	7955
form prescribed under this section and made under penalty of	7956
election falsification, with the official with whom it files a	7957
statement under division (A) of this section after filing a final	7958
statement of contributions and a final statement of expenditures,	7959
if contributions have been received or expenditures made since the	7960
period reflected in its last previously filed statement.	7961

(B) Except as otherwise provided in division (C)(7) of this	7962
section, each statement required by division (A) of this section	7963
shall contain the following information:	7964

(1) The full name and address of each campaign committee,	7965
political action committee, legislative campaign fund, or	7966
political party, including any treasurer of the committee, fund,	7967
or party, filing a contribution and expenditure statement;	7968

(2)(a) In the case of a campaign committee, the candidate's	7969
full name and address;	7970

(b) In the case of a political action committee, the	7971
registration number assigned to the committee under division	7972
(D)(1) of this section.	7973

(3) The date of the election and whether it was or will be a	7974
general, primary, or special election;	7975

(4) A statement of contributions received, which shall	7976
include the following information:	7977

(a) The month, day, and year of the contribution;

7978

(b)(i) The full name and address of each person, political	7979
party, campaign committee, legislative campaign fund, or political	7980
action committee from whom contributions are received and the	7981
registration number assigned to the political action committee	7982
under division (D)(1) of this section. The requirement of filing	7983
the full address does not apply to any statement filed by a state	7984
or local committee of a political party, to a finance committee of	7985
such committee, or to a committee recognized by a state or local	7986
committee as its fund-raising auxiliary. Notwithstanding division	7987
(F) of this section, the requirement of filing the full address	7988
shall be considered as being met if the address filed is the same	7989
address the contributor provided under division (E)(1) of this	7990
section.	7991

(ii) If a political action committee, legislative campaign	7992
fund, or political party that is required to file campaign finance	7993
statements by electronic means of transmission under section	7994
3517.106 of the Revised Code or a campaign committee of a	7995
statewide candidate or candidate for the office of member of the	7996
general assembly receives a contribution from an individual that	7997
exceeds one hundred dollars, the name of the individual's current	7998
employer, if any, or, if the individual is self-employed, the	7999
individual's occupation and the name of the individual's business,	8000
if any;	8001

(iii) If a campaign committee of a statewide candidate or	8002
candidate for the office of member of the general assembly	8003
receives a contribution transmitted pursuant to section 3599.031	8004
of the Revised Code from amounts deducted from the wages and	8005
salaries of two or more employees that exceeds in the aggregate	8006
one hundred dollars during any one filing period under division	8007
(A)(1), (2), (3), or (4) of this section, the full name of the	8008
employees' employer and the full name of the labor organization of	8009
which the employees are members, if any.	8010

(c) A description of the contribution received, if other than	8011
money;	8012

(d) The value in dollars and cents of the contribution;

8013

(e) A separately itemized account of all contributions and	8014
expenditures regardless of the amount, except a receipt of a	8015
contribution from a person in the sum of twenty-five dollars or	8016
less at one social or fund-raising activity and a receipt of a	8017
contribution transmitted pursuant to section 3599.031 of the	8018
Revised Code from amounts deducted from the wages and salaries of	8019
employees if the contribution from the amount deducted from the	8020
wages and salary of any one employee is twenty-five dollars or	8021
less aggregated in a calendar year. An account of the total	8022
contributions from each social or fund-raising activity shall	8023
include a description of and the value of each in-kind	8024
contribution received at that activity from any person who made	8025
one or more such contributions whose aggregate value exceeded two	8026
hundred fifty dollars and shall be listed separately, together	8027
with the expenses incurred and paid in connection with that	8028
activity. A campaign committee, political action committee,	8029
legislative campaign fund, or political party shall keep records	8030
of contributions from each person in the amount of twenty-five	8031
dollars or less at one social or fund-raising activity and	8032
contributions from amounts deducted under section 3599.031 of the	8033
Revised Code from the wages and salary of each employee in the	8034
amount of twenty-five dollars or less aggregated in a calendar	8035
year. No continuing association that is recognized by a state or	8036
local committee of a political party as an auxiliary of the party	8037
and that makes a contribution from funds derived solely from	8038
regular dues paid by members of the auxiliary shall be required to	8039
list the name or address of any members who paid those dues.	8040

Contributions that are other income shall be itemized	8041
separately from all other contributions. The information required	8042
under division (B)(4) of this section shall be provided for all	8043
other income itemized. As used in this paragraph, "other income"	8044
means a loan, investment income, or interest income.	8045

(f) In the case of a campaign committee of a state elected	8046
officer, if a person doing business with the state elected officer	8047
in the officer's official capacity makes a contribution to the	8048
campaign committee of that officer, the information required under	8049
division (B)(4) of this section in regard to that contribution,	8050
which shall be filed together with and considered a part of the	8051
committee's statement of contributions as required under division	8052
(A) of this section but shall be filed on a separate form provided	8053
by the secretary of state. As used in this division:	8054

(i) "State elected officer" has the same meaning as in	8055
section 3517.092 of the Revised Code.	8056

(ii) "Person doing business" means a person or an officer of	8057
an entity who enters into one or more contracts with a state	8058
elected officer or anyone authorized to enter into contracts on	8059
behalf of that officer to receive payments for goods or services,	8060
if the payments total, in the aggregate, more than five thousand	8061
dollars during a calendar year.	8062

(5) A statement of expenditures which shall include the	8063
following information:	8064

(a) The month, day, and year of the expenditure;

8065

(b) The full name and address of each person, political	8066
party, campaign committee, legislative campaign fund, or political	8067
action committee to whom the expenditure was made and the	8068
registration number assigned to the political action committee	8069
under division (D)(1) of this section;	8070

(c) The object or purpose for which the expenditure was made;

8071

(d) The amount of each expenditure.

8072

(C)(1) The statement of contributions and expenditures shall	8073
be signed by the person completing the form. If a statement of	8074
contributions and expenditures is filed by electronic means of	8075
transmission pursuant to this section or section 3517.106 of the	8076
Revised Code, the electronic signature of the person who executes	8077
the statement and transmits the statement by electronic means of	8078
transmission, as provided in division (H) of section 3517.106 of	8079
the Revised Code, shall be attached to or associated with the	8080
statement and shall be binding on all persons and for all purposes	8081
under the campaign finance reporting law as if the signature had	8082
been handwritten in ink on a printed form.	8083

(2) The person filing the statement, under penalty of	8084
election falsification, shall include with it a list of each	8085
anonymous contribution, the circumstances under which it was	8086
received, and the reason it cannot be attributed to a specific	8087
donor.	8088

(3) Each statement of a campaign committee of a candidate who	8089
holds public office shall contain a designation of each	8090
contributor who is an employee in any unit or department under the	8091
candidate's direct supervision and control. In a space provided in	8092
the statement, the person filing the statement shall affirm that	8093
each such contribution was voluntarily made.	8094

(4) A campaign committee that did not receive contributions	8095
or make expenditures in connection with the nomination or election	8096
of its candidate shall file a statement to that effect, on a form	8097
prescribed under this section and made under penalty of election	8098
falsification, on the date required in division (A)(2) of this	8099
section.	8100

(5) The campaign committee of any person who attempts to	8101
become a candidate and who, for any reason, does not become	8102
certified in accordance with Title XXXV of the Revised Code for	8103
placement on the official ballot of a primary, general, or special	8104
election to be held in this state, and who, at any time prior to	8105
or after an election, receives contributions or makes	8106
expenditures, or has given consent for another to receive	8107
contributions or make expenditures, for the purpose of bringing	8108
about the person's nomination or election to public office, shall	8109
file the statement or statements prescribed by this section and a	8110
termination statement, if applicable. Division (C)(5) of this	8111
section does not apply to any person with respect to an election	8112
to the offices of member of a county or state central committee,	8113
presidential elector, or delegate to a national convention or	8114
conference of a political party.	8115

(6)(a) The statements required to be filed under this section	8116
shall specify the balance in the hands of the campaign committee,	8117
political action committee, legislative campaign fund, or	8118
political party and the disposition intended to be made of that	8119
balance.	8120

(b) The secretary of state shall prescribe the form for all	8121
statements required to be filed under this section and shall	8122
furnish the forms to the boards of elections in the several	8123
counties. The boards of elections shall supply printed copies of	8124
those forms without charge. The secretary of state shall prescribe	8125
the appropriate methodology, protocol, and data file structure for	8126
statements required or permitted to be filed by electronic means	8127
of transmission under division (A) of this section, divisions (E),	8128
(F), and (G) of section 3517.106, division (D) of section	8129
3517.1011, division (B) of section 3517.1012, and division (C) of	8130
section 3517.1013 of the Revised Code. Subject to division (A) of	8131
this section, divisions (E), (F), and (G) of section 3517.106,	8132
division (D) of section 3517.1011, division (B) of section	8133
3517.1012, and division (C) of section 3517.1013 of the Revised	8134
Code, the statements required to be stored on computer by the	8135
secretary of state under division (B) of section 3517.106 of the	8136
Revised Code shall be filed in whatever format the secretary of	8137
state considers necessary to enable the secretary of state to	8138
store the information contained in the statements on computer. Any	8139
such format shall be of a type and nature that is readily	8140
available to whoever is required to file the statements in that	8141
format.	8142

(c) The secretary of state shall assess the need for training	8143
regarding the filing of campaign finance statements by electronic	8144
means of transmission and regarding associated technologies for	8145
candidates, campaign committees, political action committees,	8146
legislative campaign funds, or political parties, for individuals,	8147
partnerships, or other entities, or for persons making	8148
disbursements to pay the direct costs of producing or airing	8149
electioneering communications, required or permitted to file	8150
statements by electronic means of transmission under this section	8151
or section 3517.105, 3517.106, 3517.1011, 3517.1012, or 3517.1013	8152
of the Revised Code. If, in the opinion of the secretary of state,	8153
training in these areas is necessary, the secretary of state shall	8154
arrange for the provision of voluntary training programs for	8155
candidates, campaign committees, political action committees,	8156
legislative campaign funds, or political parties, for individuals,	8157
partnerships, and other entities, or for persons making	8158
disbursements to pay the direct costs of producing or airing	8159
electioneering communications, as appropriate.	8160

(7) Each monthly statement and each two-business-day	8161
statement required by division (A) of this section shall contain	8162
the information required by divisions (B)(1) to (4), (C)(2), and,	8163
if appropriate, (C)(3) of this section. Each statement shall be	8164
signed as required by division (C)(1) of this section.	8165

(D)(1) Prior to receiving a contribution or making an	8166
expenditure, every campaign committee, political action committee,	8167
legislative campaign fund, or political party shall appoint a	8168
treasurer and shall file, on a form prescribed by the secretary of	8169
state, a designation of that appointment, including the full name	8170
and address of the treasurer and of the campaign committee,	8171
political action committee, legislative campaign fund, or	8172
political party. That designation shall be filed with the official	8173
with whom the campaign committee, political action committee,	8174
legislative campaign fund, or political party is required to file	8175
statements under section 3517.11 of the Revised Code. The name of	8176
a campaign committee shall include at least the last name of the	8177
campaign committee's candidate. The secretary of state shall	8178
assign a registration number to each political action committee	8179
that files a designation of the appointment of a treasurer under	8180
this division if the political action committee is required by	8181
division (A)(1) of section 3517.11 of the Revised Code to file the	8182
statements prescribed by this section with the secretary of state.	8183

(2) The treasurer appointed under division (D)(1) of this	8184
section shall keep a strict account of all contributions, from	8185
whom received and the purpose for which they were disbursed.	8186

(3)(a) Except as otherwise provided in section 3517.108 of	8187
the Revised Code, a campaign committee shall deposit all monetary	8188
contributions received by the committee into an account separate	8189
from a personal or business account of the candidate or campaign	8190
committee.	8191

(b) A political action committee shall deposit all monetary	8192
contributions received by the committee into an account separate	8193
from all other funds.	8194

(c) A state or county political party may establish a state	8195
candidate fund that is separate from an account that contains the	8196
public moneys received from the Ohio political party fund under	8197
section 3517.17 of the Revised Code and from all other funds. A	8198
state or county political party may deposit into its state	8199
candidate fund any amounts of monetary contributions that are made	8200
to or accepted by the political party subject to the applicable	8201
limitations, if any, prescribed in section 3517.102 of the Revised	8202
Code. A state or county political party shall deposit all other	8203
monetary contributions received by the party into one or more	8204
accounts that are separate from its state candidate fund and from	8205
its account that contains the public moneys received from the Ohio	8206
political party fund under section 3517.17 of the Revised Code.	8207

(d) Each state political party shall have only one	8208
legislative campaign fund for each house of the general assembly.	8209
Each such fund shall be separate from any other funds or accounts	8210
of that state party. A legislative campaign fund is authorized to	8211
receive contributions and make expenditures for the primary	8212
purpose of furthering the election of candidates who are members	8213
of that political party to the house of the general assembly with	8214
which that legislative campaign fund is associated. Each	8215
legislative campaign fund shall be administered and controlled in	8216
a manner designated by the caucus. As used in this division,	8217
"caucus" has the same meaning as in section 3517.01 of the Revised	8218
Code and includes, as an ex officio member, the chairperson of the	8219
state political party with which the caucus is associated or that	8220
chairperson's designee.	8221

(4) Every expenditure in excess of twenty-five dollars shall	8222
be vouched for by a receipted bill, stating the purpose of the	8223
expenditure, that shall be filed with the statement of	8224
expenditures. A canceled check with a notation of the purpose of	8225
the expenditure is a receipted bill for purposes of division	8226
(D)(4) of this section.	8227

(5) The secretary of state or the board of elections, as the	8228
case may be, shall issue a receipt for each statement filed under	8229
this section and shall preserve a copy of the receipt for a period	8230
of at least six years. All statements filed under this section	8231
shall be open to public inspection in the office where they are	8232
filed and shall be carefully preserved for a period of at least	8233
six years after the year in which they are filed.	8234

(6) The secretary of state, by rule adopted pursuant to	8235
section 3517.23 of the Revised Code, shall prescribe both of the	8236
following:	8237

(a) The manner of immediately acknowledging, with date and	8238
time received, and preserving the receipt of statements that are	8239
transmitted by electronic means of transmission to the secretary	8240
of state pursuant to this section or section 3517.106, 3517.1011,	8241
3517.1012, or 3517.1013 of the Revised Code;	8242

(b) The manner of preserving the contribution and	8243
expenditure, contribution and disbursement, deposit and	8244
disbursement, or gift and disbursement information in the	8245
statements described in division (D)(6)(a) of this section. The	8246
secretary of state shall preserve the contribution and	8247
expenditure, contribution and disbursement, deposit and	8248
disbursement, or gift and disbursement information in those	8249
statements for at least ten years after the year in which they are	8250
filed by electronic means of transmission.	8251

(7) The secretary of state, pursuant to division (I) of	8252
section 3517.106 of the Revised Code, shall make available online	8253
to the public through the internet the contribution and	8254
expenditure, contribution and disbursement, deposit and	8255
disbursement, or gift and disbursement information in all	8256
statements, all addenda, amendments, or other corrections to	8257
statements, and all amended statements filed with the secretary of	8258
state by electronic or other means of transmission under this	8259
section, division (B)(2)(b) or (C)(2)(b) of section 3517.105, or	8260
section 3517.106, 3517.1011, 3517.1012, 3517.1013, or 3517.11 of	8261
the Revised Code. The secretary of state may remove the	8262
information from the internet after a reasonable period of time.	8263

(E)(1) Any person, political party, campaign committee,	8264
legislative campaign fund, or political action committee that	8265
makes a contribution in connection with the nomination or election	8266
of any candidate or in connection with any ballot issue or	8267
question at any election held or to be held in this state shall	8268
provide its full name and address to the recipient of the	8269
contribution at the time the contribution is made. The political	8270
action committee also shall provide the registration number	8271
assigned to the committee under division (D)(1) of this section to	8272
the recipient of the contribution at the time the contribution is	8273
made.	8274

(2) Any individual who makes a contribution that exceeds one	8275
hundred dollars to a political action committee, legislative	8276
campaign fund, or political party or to a campaign committee of a	8277
statewide candidate or candidate for the office of member of the	8278
general assembly shall provide the name of the individual's	8279
current employer, if any, or, if the individual is self-employed,	8280
the individual's occupation and the name of the individual's	8281
business, if any, to the recipient of the contribution at the time	8282
the contribution is made. Sections 3599.39 and 3599.40 of the	8283
Revised Code do not apply to division (E)(2) of this section.	8284

(3) If a campaign committee shows that it has exercised its	8285
best efforts to obtain, maintain, and submit the information	8286
required under divisions (B)(4)(b)(ii) and (iii) of this section,	8287
that committee is considered to have met the requirements of those	8288
divisions. A campaign committee shall not be considered to have	8289
exercised its best efforts unless, in connection with written	8290
solicitations, it regularly includes a written request for the	8291
information required under division (B)(4)(b)(ii) of this section	8292
from the contributor or the information required under division	8293
(B)(4)(b)(iii) of this section from whoever transmits the	8294
contribution.	8295

(4) Any check that a political action committee uses to make	8296
a contribution or an expenditure shall contain the full name and	8297
address of the committee and the registration number assigned to	8298
the committee under division (D)(1) of this section.	8299

(F) As used in this section:

8300

(1)(a) Except as otherwise provided in division (F)(1) of	8301
this section, "address" means all of the following if they exist:	8302
apartment number, street, road, or highway name and number, rural	8303
delivery route number, city or village, state, and zip code as	8304
used in a person's post-office address, but not post-office box.	8305

(b) Except as otherwise provided in division (F)(1) of this	8306
section, if an address is required in this section, a post-office	8307
box and office, room, or suite number may be included in addition	8308
to, but not in lieu of, an apartment, street, road, or highway	8309
name and number.	8310

(c) If an address is required in this section, a campaign	8311
committee, political action committee, legislative campaign fund,	8312
or political party may use the business or residence address of	8313
its treasurer or deputy treasurer. The post-office box number of	8314
the campaign committee, political action committee, legislative	8315
campaign fund, or political party may be used in addition to that	8316
address.	8317

(d) For the sole purpose of a campaign committee's reporting	8318
of contributions on a statement of contributions received under	8319
division (B)(4) of this section, "address" has one of the	8320
following meanings at the option of the campaign committee:	8321

(i) The same meaning as in division (F)(1)(a) of this	8322
section;	8323

(ii) All of the following, if they exist: the contributor's	8324
post-office box number and city or village, state, and zip code as	8325
used in the contributor's post-office address.	8326

(e) As used with regard to the reporting under this section	8327
of any expenditure, "address" means all of the following if they	8328
exist: apartment number, street, road, or highway name and number,	8329
rural delivery route number, city or village, state, and zip code	8330
as used in a person's post-office address, or post-office box. If	8331
an address concerning any expenditure is required in this section,	8332
a campaign committee, political action committee, legislative	8333
campaign fund, or political party may use the business or	8334
residence address of its treasurer or deputy treasurer or its	8335
post-office box number.	8336

(2) "Statewide candidate" means the joint candidates for the	8337
offices of governor and lieutenant governor or a candidate for the	8338
office of secretary of state, auditor of state, treasurer of	8339
state, attorney general, member of the state board of education,	8340
chief justice of the supreme court, or justice of the supreme	8341
court.	8342

(3) "Candidate for county office" means a candidate for the	8343
office of county auditor, county treasurer, clerk of the court of	8344
common pleas, judge of the court of common pleas, sheriff, county	8345
recorder, county engineer, county commissioner, prosecuting	8346
attorney, and coroner.	8347

(G) An independent expenditure shall be reported whenever and	8348
in the same manner that an expenditure is required to be reported	8349
under this section and shall be reported pursuant to division	8350
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code.	8351

(H)(1) Except as otherwise provided in division (H)(2) of	8352
this section, if, during the combined pre-election and	8353
postelection reporting periods for an election, a campaign	8354
committee has received contributions of five hundred dollars or	8355
less and has made expenditures in the total amount of five hundred	8356
dollars or less, it may file a statement to that effect, under	8357
penalty of election falsification, in lieu of the statement	8358
required by division (A)(2) of this section. The statement shall	8359
indicate the total amount of contributions received and the total	8360
amount of expenditures made during those combined reporting	8361
periods.	8362

(2) In the case of a successful candidate at a primary	8363
election, if either the total contributions received by or the	8364
total expenditures made by the candidate's campaign committee	8365
during the preprimary, postprimary, pregeneral, and postgeneral	8366
election periods combined equal more than five hundred dollars,	8367
the campaign committee may file the statement under division	8368
(H)(1) of this section only for the primary election. The first	8369
statement that the campaign committee files in regard to the	8370
general election shall reflect all contributions received and all	8371
expenditures made during the preprimary and postprimary election	8372
periods.	8373

(3) Divisions (H)(1) and (2) of this section do not apply if	8374
a campaign committee receives contributions or makes expenditures	8375
prior to the first day of January of the year of the election at	8376
which the candidate seeks nomination or election to office or if	8377
the campaign committee does not file a termination statement with	8378
its postprimary election statement in the case of an unsuccessful	8379
primary election candidate or with its postgeneral election	8380
statement in the case of other candidates.	8381

(I) In the case of a contribution made by a partner of a	8382
partnership or an owner or a member of another unincorporated	8383
business from any funds of the partnership or other unincorporated	8384
business, all of the following apply:	8385

(1) The recipient of the contribution shall report the	8386
contribution by listing both the partnership or other	8387
unincorporated business and the name of the partner, owner, or	8388
member making the contribution.	8389

(2) For purposes of section 3517.102 of the Revised Code, the	8390
contribution shall be considered to have been made by the partner,	8391
owner, or member reported under division (I)(1) of this section.	8392

(3) No contribution from a partner of a partnership or an	8393
owner or a member of another unincorporated business shall be	8394
accepted from any funds of the partnership or other unincorporated	8395
business unless the recipient reports the contribution under	8396
division (I)(1) of this section.	8397

(4) No partnership or other unincorporated business shall	8398
make a contribution or contributions solely in the name of the	8399
partnership or other unincorporated business.	8400

(5) As used in division (I) of this section, "partnership or	8401
other unincorporated business" includes, but is not limited to, a	8402
cooperative, a sole proprietorship, a general partnership, a	8403
limited partnership, a limited partnership association, a limited	8404
liability partnership, and a limited liability company.	8405

(J) A candidate shall have only one campaign committee at any	8406
given time for all of the offices for which the person is a	8407
candidate or holds office.	8408

(K)(1) In addition to filing a designation of appointment of	8409
a treasurer under division (D)(1) of this section, the campaign	8410
committee of any candidate for an elected municipal office that	8411
pays an annual amount of compensation of five thousand dollars or	8412
less, the campaign committee of any candidate for member of a	8413
board of education except member of the state board of education,	8414
or the campaign committee of any candidate for township trustee or	8415
township clerk may sign, under penalty of election falsification,	8416
a certificate attesting that the committee will not accept	8417
contributions during an election period that exceed in the	8418
aggregate two thousand dollars from all contributors and one	8419
hundred dollars from any one individual, and that the campaign	8420
committee will not make expenditures during an election period	8421
that exceed in the aggregate two thousand dollars.	8422

The certificate shall be on a form prescribed by the	8423
secretary of state and shall be filed not later than ten days	8424
after the candidate files a declaration of candidacy and petition,	8425
a nominating petition, or a declaration of intent to be a write-in	8426
candidate.	8427

(2) Except as otherwise provided in division (K)(3) of this	8428
section, a campaign committee that files a certificate under	8429
division (K)(1) of this section is not required to file the	8430
statements required by division (A) of this section.	8431

(3) If, after filing a certificate under division (K)(1) of	8432
this section, a campaign committee exceeds any of the limitations	8433
described in that division during an election period, the	8434
certificate is void and thereafter the campaign committee shall	8435
file the statements required by division (A) of this section. If	8436
the campaign committee has not previously filed a statement, then	8437
on the first statement the campaign committee is required to file	8438
under division (A) of this section after the committee's	8439
certificate is void, the committee shall report all contributions	8440
received and expenditures made from the time the candidate filed	8441
the candidate's declaration of candidacy and petition, nominating	8442
petition, or declaration of intent to be a write-in candidate.	8443

(4) As used in division (K) of this section, "election	8444
period" means the period of time beginning on the day a person	8445
files a declaration of candidacy and petition, nominating	8446
petition, or declaration of intent to be a write-in candidate	8447
through the day of the election at which the person seeks	8448
nomination to office if the person is not elected to office, or,	8449
if the candidate was nominated in a primary election, the day of	8450
the election at which the candidate seeks office.	8451

Sec. 3517.106.  (A) As used in this section:

8452

(1) "Statewide office" means any of the offices of governor,	8453
lieutenant governor, secretary of state, auditor of state,	8454
treasurer of state, attorney general, chief justice of the supreme	8455
court, and justice of the supreme court.	8456

(2) "Addendum to a statement" includes an amendment or other	8457
correction to that statement.	8458

(B)(1) The secretary of state shall store on computer the	8459
information contained in statements of contributions and	8460
expenditures and monthly statements required to be filed under	8461
section 3517.10 of the Revised Code and in statements of	8462
independent expenditures required to be filed under section	8463
3517.105 of the Revised Code by any of the following:	8464

(a) The campaign committees of candidates for statewide	8465
office;	8466

(b) The political action committees described in division	8467
(A)(1) of section 3517.11 of the Revised Code;	8468

(c) Legislative campaign funds;

8469

(d) State political parties;

8470

(e) Individuals, partnerships, corporations, labor	8471
organizations, or other entities that make independent	8472
expenditures in support of or opposition to a statewide candidate	8473
or a statewide ballot issue or question;	8474

(f) The campaign committees of candidates for the office of	8475
member of the general assembly;	8476

(g) County political parties, with respect to their state	8477
candidate funds.	8478

(2) The secretary of state shall store on computer the	8479
information contained in disclosure of electioneering	8480
communications statements required to be filed under section	8481
3517.1011 of the Revised Code.	8482

(3) The secretary of state shall store on computer the	8483
information contained in deposit and disbursement statements	8484
required to be filed with the office of the secretary of state	8485
under section 3517.1012 of the Revised Code.	8486

(4) The secretary of state shall store on computer the gift	8487
and disbursement information contained in statements required to	8488
be filed with the office of the secretary of state under section	8489
3517.1013 of the Revised Code.	8490

(C)(1) The secretary of state shall make available to the	8491
campaign committees, political action committees, legislative	8492
campaign funds, political parties, individuals, partnerships,	8493
corporations, labor organizations, and other entities described in	8494
division (B) of this section, and to members of the news media and	8495
other interested persons, for a reasonable fee, computer programs	8496
that are compatible with the secretary of state's method of	8497
storing the information contained in the statements.	8498

(2) The secretary of state shall make the information	8499
required to be stored under division (B) of this section available	8500
on computer at the secretary of state's office so that, to the	8501
maximum extent feasible, individuals may obtain at the secretary	8502
of state's office any part or all of that information for any	8503
given year, subject to the limitation expressed in division (D) of	8504
this section.	8505

(D) The secretary of state shall keep the information stored	8506
on computer under division (B) of this section for at least six	8507
years.	8508

(E)(1) Subject to division (L) of this section and subject to	8509
the secretary of state having implemented, tested, and verified	8510
the successful operation of any system the secretary of state	8511
prescribes pursuant to division (H)(1) of this section and	8512
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	8513
Code for the filing of campaign finance statements by electronic	8514
means of transmission, the campaign committee of each candidate	8515
for statewide office may file the statements prescribed by section	8516
3517.10 of the Revised Code by electronic means of transmission	8517
or, if the total amount of the contributions received or the total	8518
amount of the expenditures made by the campaign committee for the	8519
applicable reporting period as specified in division (A) of	8520
section 3517.10 of the Revised Code exceeds ten thousand dollars,	8521
shall file those statements by electronic means of transmission.	8522

Except as otherwise provided in this division, within five	8523
business days after a statement filed by a campaign committee of a	8524
candidate for statewide office is received by the secretary of	8525
state by electronic or other means of transmission, the secretary	8526
of state shall make available online to the public through the	8527
internet, as provided in division (I) of this section, the	8528
contribution and expenditure information in that statement. The	8529
secretary of state shall not make available online to the public	8530
through the internet any contribution or expenditure information	8531
contained in a statement for any candidate until the secretary of	8532
state is able to make available online to the public through the	8533
internet the contribution and expenditure information for all	8534
candidates for a particular office, or until the applicable filing	8535
deadline for that statement has passed, whichever is sooner. As	8536
soon as the secretary of state has available all of the	8537
contribution and expenditure information for all candidates for a	8538
particular office, or as soon as the applicable filing deadline	8539
for a statement has passed, whichever is sooner, the secretary of	8540
state shall simultaneously make available online to the public	8541
through the internet the information for all candidates for that	8542
office.	8543

If a statement filed by electronic means of transmission is	8544
found to be incomplete or inaccurate after the examination of the	8545
statement for completeness and accuracy pursuant to division	8546
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	8547
committee shall file by electronic means of transmission any	8548
addendum to the statement that provides the information necessary	8549
to complete or correct the statement or, if required by the	8550
secretary of state under that division, an amended statement.	8551

Within five business days after the secretary of state	8552
receives from a campaign committee of a candidate for statewide	8553
office an addendum to the statement or an amended statement by	8554
electronic or other means of transmission under this division or	8555
division (B)(3)(a) of section 3517.11 of the Revised Code, the	8556
secretary of state shall make the contribution and expenditure	8557
information in the addendum or amended statement available online	8558
to the public through the internet as provided in division (I) of	8559
this section.	8560

(2) Subject to the secretary of state having implemented,	8561
tested, and verified the successful operation of any system the	8562
secretary of state prescribes pursuant to division (H)(1) of this	8563
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	8564
the Revised Code for the filing of campaign finance statements by	8565
electronic means of transmission, a political action committee	8566
described in division (B)(1)(b) of this section, a legislative	8567
campaign fund, and a state political party may file the statements	8568
prescribed by section 3517.10 of the Revised Code by electronic	8569
means of transmission or, if the total amount of the contributions	8570
received or the total amount of the expenditures made by the	8571
political action committee, legislative campaign fund, or state	8572
political party for the applicable reporting period as specified	8573
in division (A) of section 3517.10 of the Revised Code exceeds ten	8574
thousand dollars, shall file those statements by electronic means	8575
of transmission.	8576

Within five business days after a statement filed by a	8577
political action committee described in division (B)(1)(b) of this	8578
section, a legislative campaign fund, or a state political party	8579
is received by the secretary of state by electronic or other means	8580
of transmission, the secretary of state shall make available	8581
online to the public through the internet, as provided in division	8582
(I) of this section, the contribution and expenditure information	8583
in that statement.	8584

If a statement filed by electronic means of transmission is	8585
found to be incomplete or inaccurate after the examination of the	8586
statement for completeness and accuracy pursuant to division	8587
(B)(3)(a) of section 3517.11 of the Revised Code, the political	8588
action committee, legislative campaign fund, or state political	8589
party shall file by electronic means of transmission any addendum	8590
to the statement that provides the information necessary to	8591
complete or correct the statement or, if required by the secretary	8592
of state under that division, an amended statement.	8593

Within five business days after the secretary of state	8594
receives from a political action committee described in division	8595
(B)(1)(b) of this section, a legislative campaign fund, or a state	8596
political party an addendum to the statement or an amended	8597
statement by electronic or other means of transmission under this	8598
division or division (B)(3)(a) of section 3517.11 of the Revised	8599
Code, the secretary of state shall make the contribution and	8600
expenditure information in the addendum or amended statement	8601
available online to the public through the internet as provided in	8602
division (I) of this section.	8603

(3) Subject to the secretary of state having implemented,	8604
tested, and verified the successful operation of any system the	8605
secretary of state prescribes pursuant to division (H)(1) of this	8606
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	8607
the Revised Code for the filing of campaign finance statements by	8608
electronic means of transmission, a county political party shall	8609
file the statements prescribed by section 3517.10 of the Revised	8610
Code with respect to its state candidate fund by electronic means	8611
of transmission to the office of the secretary of state.	8612

Within five business days after a statement filed by a county	8613
political party with respect to its state candidate fund is	8614
received by the secretary of state by electronic means of	8615
transmission, the secretary of state shall make available online	8616
to the public through the internet, as provided in division (I) of	8617
this section, the contribution and expenditure information in that	8618
statement.	8619

If a statement is found to be incomplete or inaccurate after	8620
the examination of the statement for completeness and accuracy	8621
pursuant to division (B)(3)(a) of section 3517.11 of the Revised	8622
Code, a county political party shall file by electronic means of	8623
transmission any addendum to the statement that provides the	8624
information necessary to complete or correct the statement or, if	8625
required by the secretary of state under that division, an amended	8626
statement.	8627

Within five business days after the secretary of state	8628
receives from a county political party an addendum to the	8629
statement or an amended statement by electronic means of	8630
transmission under this division or division (B)(3)(a) of section	8631
3517.11 of the Revised Code, the secretary of state shall make the	8632
contribution and expenditure information in the addendum or	8633
amended statement available online to the public through the	8634
internet as provided in division (I) of this section.	8635

(F)(1) Subject to division (L) of this section and subject to	8636
the secretary of state having implemented, tested, and verified	8637
the successful operation of any system the secretary of state	8638
prescribes pursuant to division (H)(1) of this section and	8639
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	8640
Code for the filing of campaign finance statements by electronic	8641
means of transmission, a campaign committee of a candidate for the	8642
office of member of the general assembly or a campaign committee	8643
of a candidate for the office of judge of a court of appeals may	8644
file the statements prescribed by section 3517.10 of the Revised	8645
Code in accordance with division (A)(2) of section 3517.11 of the	8646
Revised Code or by electronic means of transmission to the office	8647
of the secretary of state or, if the total amount of the	8648
contributions received by the campaign committee for the	8649
applicable reporting period as specified in division (A) of	8650
section 3517.10 of the Revised Code exceeds ten thousand dollars,	8651
shall file those statements by electronic means of transmission to	8652
the office of the secretary of state.	8653

Except as otherwise provided in this division, within five	8654
business days after a statement filed by a campaign committee of a	8655
candidate for the office of member of the general assembly or a	8656
campaign committee of a candidate for the office of judge of a	8657
court of appeals is received by the secretary of state by	8658
electronic or other means of transmission, the secretary of state	8659
shall make available online to the public through the internet, as	8660
provided in division (I) of this section, the contribution and	8661
expenditure information in that statement. The secretary of state	8662
shall not make available online to the public through the internet	8663
any contribution or expenditure information contained in a	8664
statement for any candidate until the secretary of state is able	8665
to make available online to the public through the internet the	8666
contribution and expenditure information for all candidates for a	8667
particular office, or until the applicable filing deadline for	8668
that statement has passed, whichever is sooner. As soon as the	8669
secretary of state has available all of the contribution and	8670
expenditure information for all candidates for a particular	8671
office, or as soon as the applicable filing deadline for a	8672
statement has passed, whichever is sooner, the secretary of state	8673
shall simultaneously make available online to the public through	8674
the internet the information for all candidates for that office.	8675

If a statement filed by electronic means of transmission is	8676
found to be incomplete or inaccurate after the examination of the	8677
statement for completeness and accuracy pursuant to division	8678
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	8679
committee shall file by electronic means of transmission to the	8680
office of the secretary of state any addendum to the statement	8681
that provides the information necessary to complete or correct the	8682
statement or, if required by the secretary of state under that	8683
division, an amended statement.	8684

Within five business days after the secretary of state	8685
receives from a campaign committee of a candidate for the office	8686
of member of the general assembly or a campaign committee of a	8687
candidate for the office of judge of a court of appeals an	8688
addendum to the statement or an amended statement by electronic or	8689
other means of transmission under this division or division	8690
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	8691
state shall make the contribution and expenditure information in	8692
the addendum or amended statement available online to the public	8693
through the internet as provided in division (I) of this section.	8694

(2) If a statement, addendum, or amended statement is not	8695
filed by electronic means of transmission to the office of the	8696
secretary of state but is filed by printed version only under	8697
division (A)(2) of section 3517.11 of the Revised Code with the	8698
appropriate board of elections, the campaign committee of a	8699
candidate for the office of member of the general assembly or a	8700
campaign committee of a candidate for the office of judge of a	8701
court of appeals shall file two copies of the printed version of	8702
the statement, addendum, or amended statement with the board of	8703
elections. The board of elections shall send one of those copies	8704
by overnight delivery service to the secretary of state before the	8705
close of business on the day the board of elections receives the	8706
statement, addendum, or amended statement.	8707

(G) Subject to the secretary of state having implemented,	8708
tested, and verified the successful operation of any system the	8709
secretary of state prescribes pursuant to division (H)(1) of this	8710
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	8711
the Revised Code for the filing of campaign finance statements by	8712
electronic means of transmission, any individual, partnership, or	8713
other entity that makes independent expenditures in support of or	8714
opposition to a statewide candidate or a statewide ballot issue or	8715
question as provided in division (B)(2)(b) or (C)(2)(b) of section	8716
3517.105 of the Revised Code may file the statement specified in	8717
that division by electronic means of transmission or, if the total	8718
amount of independent expenditures made during the reporting	8719
period under that division exceeds ten thousand dollars, shall	8720
file the statement specified in that division by electronic means	8721
of transmission.	8722

Within five business days after a statement filed by an	8723
individual, partnership, or other entity is received by the	8724
secretary of state by electronic or other means of transmission,	8725
the secretary of state shall make available online to the public	8726
through the internet, as provided in division (I) of this section,	8727
the expenditure information in that statement.	8728

If a statement filed by electronic means of transmission is	8729
found to be incomplete or inaccurate after the examination of the	8730
statement for completeness and accuracy pursuant to division	8731
(B)(3)(a) of section 3517.11 of the Revised Code, the individual,	8732
partnership, or other entity shall file by electronic means of	8733
transmission any addendum to the statement that provides the	8734
information necessary to complete or correct the statement or, if	8735
required by the secretary of state under that division, an amended	8736
statement.	8737

Within five business days after the secretary of state	8738
receives from an individual, partnership, or other entity	8739
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105	8740
of the Revised Code an addendum to the statement or an amended	8741
statement by electronic or other means of transmission under this	8742
division or division (B)(3)(a) of section 3517.11 of the Revised	8743
Code, the secretary of state shall make the expenditure	8744
information in the addendum or amended statement available online	8745
to the public through the internet as provided in division (I) of	8746
this section.	8747

(H)(1) The secretary of state, by rule adopted pursuant to	8748
section 3517.23 of the Revised Code, shall prescribe one or more	8749
techniques by which a person who executes and transmits by	8750
electronic means a statement of contributions and expenditures, a	8751
statement of independent expenditures, a disclosure of	8752
electioneering communications statement, a deposit and	8753
disbursement statement, or a gift and disbursement statement, an	8754
addendum to any of those statements, an amended statement of	8755
contributions and expenditures, an amended statement of	8756
independent expenditures, an amended disclosure of electioneering	8757
communications statement, an amended deposit and disbursement	8758
statement, or an amended gift and disbursement statement, under	8759
this section or section 3517.10, 3517.105, 3517.1011, 3517.1012,	8760
or 3517.1013 of the Revised Code shall electronically sign the	8761
statement, addendum, or amended statement. Any technique	8762
prescribed by the secretary of state pursuant to this division	8763
shall create an electronic signature that satisfies all of the	8764
following:	8765

(a) It is unique to the signer.

8766

(b) It objectively identifies the signer.

8767

(c) It involves the use of a signature device or other means	8768
or method that is under the sole control of the signer and that	8769
cannot be readily duplicated or compromised.	8770

(d) It is created and linked to the electronic record to	8771
which it relates in a manner that, if the record or signature is	8772
intentionally or unintentionally changed after signing, the	8773
electronic signature is invalidated.	8774

(2) An electronic signature prescribed by the secretary of	8775
state under division (H)(1) of this section shall be attached to	8776
or associated with the statement of contributions and	8777
expenditures, the statement of independent expenditures, the	8778
disclosure of electioneering communications statement, the deposit	8779
and disbursement statement, or the gift and disbursement	8780
statement, the addendum to any of those statements, the amended	8781
statement of contributions and expenditures, the amended statement	8782
of independent expenditures, the amended disclosure of	8783
electioneering communications statement, the amended deposit and	8784
disbursement statement, or the amended gift and disbursement	8785
statement that is executed and transmitted by electronic means by	8786
the person to whom the electronic signature is attributed. The	8787
electronic signature that is attached to or associated with the	8788
statement, addendum, or amended statement under this division	8789
shall be binding on all persons and for all purposes under the	8790
campaign finance reporting law as if the signature had been	8791
handwritten in ink on a printed form.	8792

(I) The secretary of state shall make the contribution and	8793
expenditure, the contribution and disbursement, the deposit and	8794
disbursement, or the gift and disbursement information in all	8795
statements, all addenda to the statements, and all amended	8796
statements that are filed with the secretary of state by	8797
electronic or other means of transmission under this section or	8798
section 3517.10, 3517.105, 3517.1011, 3517.1012, 3517.1013, or	8799
3517.11 of the Revised Code available online to the public by any	8800
means that are searchable, viewable, and accessible through the	8801
internet.	8802

(J)(1) As used in this division, "library" means a library	8803
that is open to the public and that is one of the following:	8804

(a) A library that is maintained and regulated under section	8805
715.13 of the Revised Code;	8806

(b) A library that is created, maintained, and regulated	8807
under Chapter 3375. of the Revised Code.	8808

(2) The secretary of state shall notify all libraries of the	8809
location on the internet at which the contribution and	8810
expenditure, contribution and disbursement, deposit and	8811
disbursement, or gift and disbursement information in campaign	8812
finance statements required to be made available online to the	8813
public through the internet pursuant to division (I) of this	8814
section may be accessed.	8815

If that location is part of the world wide web and if the	8816
secretary of state has notified a library of that world wide web	8817
location as required by this division, the library shall include a	8818
link to that world wide web location on each internet-connected	8819
computer it maintains that is accessible to the public.	8820

(3) If the system the secretary of state prescribes for the	8821
filing of campaign finance statements by electronic means of	8822
transmission pursuant to division (H)(1) of this section and	8823
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	8824
Code includes filing those statements through the internet via the	8825
world wide web, the secretary of state shall notify all libraries	8826
of the world wide web location at which those statements may be	8827
filed.	8828

If those statements may be filed through the internet via the	8829
world wide web and if the secretary of state has notified a	8830
library of that world wide web location as required by this	8831
division, the library shall include a link to that world wide web	8832
location on each internet-connected computer it maintains that is	8833
accessible to the public.	8834

(K) It is an affirmative defense to a complaint or charge	8835
brought against any campaign committee, political action	8836
committee, legislative campaign fund, or political party, any	8837
individual, partnership, or other entity, or any person making	8838
disbursements to pay the direct costs of producing or airing	8839
electioneering communications, for the failure to file by	8840
electronic means of transmission a campaign finance statement as	8841
required by this section or section 3517.10, 3517.105, 3517.1011,	8842
3517.1012, or 3517.1013 of the Revised Code that all of the	8843
following apply to the campaign committee, political action	8844
committee, legislative campaign fund, or political party, the	8845
individual, partnership, or other entity, or the person making	8846
disbursements to pay the direct costs of producing or airing	8847
electioneering communications, that failed to so file:	8848

(1) The campaign committee, political action committee,	8849
legislative campaign fund, or political party, the individual,	8850
partnership, or other entity, or the person making disbursements	8851
to pay the direct costs of producing or airing electioneering	8852
communications attempted to file by electronic means of	8853
transmission the required statement prior to the deadline set	8854
forth in the applicable section.	8855

(2) The campaign committee, political action committee,	8856
legislative campaign fund, or political party, the individual,	8857
partnership, or other entity, or the person making disbursements	8858
to pay the direct costs of producing or airing electioneering	8859
communications was unable to file by electronic means of	8860
transmission due to an expected or unexpected shutdown of the	8861
whole or part of the electronic campaign finance statement-filing	8862
system, such as for maintenance or because of hardware, software,	8863
or network connection failure.	8864

(3) The campaign committee, political action committee,	8865
legislative campaign fund, or political party, the individual,	8866
partnership, or other entity, or the person making disbursements	8867
to pay the direct costs of producing or airing electioneering	8868
communications filed by electronic means of transmission the	8869
required statement within a reasonable period of time after being	8870
unable to so file it under the circumstance described in division	8871
(K)(2) of this section.	8872

(L)(1) The secretary of state shall adopt rules pursuant to	8873
Chapter 119. of the Revised Code to permit a campaign committee of	8874
a candidate for statewide office that makes expenditures of less	8875
than twenty-five thousand dollars during the filing period or a	8876
campaign committee for the office of member of the general	8877
assembly or the office of judge of a court of appeals that would	8878
otherwise be required to file campaign finance statements by	8879
electronic means of transmission under division (E) or (F) of this	8880
section to file those statements by paper with the office of the	8881
secretary of state. Those rules shall provide for all of the	8882
following:	8883

(a) An eligible campaign committee that wishes to file a	8884
campaign finance statement by paper instead of by electronic means	8885
of transmission shall file the statement on paper with the office	8886
of the secretary of state not sooner than twenty-four hours after	8887
the end of the filing period set forth in section 3517.10 of the	8888
Revised Code that is covered by the applicable statement.	8889

(b) The statement shall be accompanied by a fee, the amount	8890
of which the secretary of state shall determine by rule. The	8891
amount of the fee established under this division shall not exceed	8892
the data entry and data verification costs the secretary of state	8893
will incur to convert the information on the statement to an	8894
electronic format as required under division (I) of this section.	8895

(c) The secretary of state shall arrange for the information	8896
in campaign finance statements filed pursuant to division (L) of	8897
this section to be made available online to the public through the	8898
internet in the same manner, and at the same times, as information	8899
is made available under divisions (E), (F), and (I) of this	8900
section for candidates whose campaign committees file those	8901
statements by electronic means of transmission.	8902

(d) The candidate of an eligible campaign committee that	8903
intends to file a campaign finance statement pursuant to division	8904
(L) of this section shall file an affidavita notice indicating	8905
that the candidate's campaign committee intends to so file and	8906
stating that filing the statement by electronic means of	8907
transmission would constitute a hardship for the candidate or for	8908
the eligible campaign committee.	8909

(e) An eligible campaign committee that files a campaign	8910
finance statement on paper pursuant to division (L) of this	8911
section shall review the contribution and information made	8912
available online by the secretary of state with respect to that	8913
paper filing and shall notify the secretary of state of any errors	8914
with respect to that filing that appear in the data made available	8915
on that web site.	8916

(f) If an eligible campaign committee whose candidate has	8917
filed an affidavita notice in accordance with rules adopted under	8918
division (L)(1)(d) of this section subsequently fails to file that	8919
statement on paper by the applicable deadline established in rules	8920
adopted under division (L)(1)(a) of this section, penalties for	8921
the late filing of the campaign finance statement shall apply to	8922
that campaign committee for each day after that paper filing	8923
deadline, as if the campaign committee had filed the statement	8924
after the applicable deadline set forth in division (A) of section	8925
3517.10 of the Revised Code.	8926

(2) The process for permitting campaign committees that would	8927
otherwise be required to file campaign finance statements by	8928
electronic means of transmission to file those statements on paper	8929
with the office of the secretary of state that is required to be	8930
developed under division (L)(1) of this section shall be in effect	8931
and available for use by eligible campaign committees for all	8932
campaign finance statements that are required to be filed on or	8933
after June 30, 2005. Notwithstanding any provision of the Revised	8934
Code to the contrary, if the process the secretary of state is	8935
required to develop under division (L)(1) of this section is not	8936
in effect and available for use on and after June 30, 2005, all	8937
penalties for the failure of campaign committees to file campaign	8938
finance statements by electronic means of transmission shall be	8939
suspended until such time as that process is in effect and	8940
available for use.	8941

(3) Notwithstanding any provision of the Revised Code to the	8942
contrary, any eligible campaign committee that files campaign	8943
finance statements on paper with the office of the secretary of	8944
state pursuant to division (L)(1) of this section shall be deemed	8945
to have filed those campaign finance statements by electronic	8946
means of transmission to the office of the secretary of state.	8947

Sec. 3517.1011.  (A) As used in this section:

8948

(1) "Address" has the same meaning as in section 3517.10 of	8949
the Revised Code.	8950

(2) "Broadcast, cable, or satellite communication" means a	8951
communication that is publicly distributed by a television	8952
station, radio station, cable television system, or satellite	8953
system.	8954

(3) "Candidate" has the same meaning as in section 3501.01 of	8955
the Revised Code;	8956

(4) "Contribution" means any loan, gift, deposit, forgiveness	8957
of indebtedness, donation, advance, payment, or transfer of funds	8958
or of anything of value, including a transfer of funds from an	8959
inter vivos or testamentary trust or decedent's estate, and the	8960
payment by any person other than the person to whom the services	8961
are rendered for the personal services of another person, that is	8962
made, received, or used to pay the direct costs of producing or	8963
airing electioneering communications.	8964

(4)(5)(a) "Coordinated electioneering communication" means	8965
any electioneering communication that is made pursuant to any	8966
arrangement, coordination, or direction by a candidate or a	8967
candidate's campaign committee, by an officer, agent, employee, or	8968
consultant of a candidate or a candidate's campaign committee, or	8969
by a former officer, former agent, former employee, or former	8970
consultant of a candidate or a candidate's campaign committee	8971
prior to the airing, broadcasting, or cablecasting of the	8972
communication. An electioneering communication is presumed to be a	8973
"coordinated electioneering communication" when it is either of	8974
the following:	8975

(i) Based on information about a candidate's plans, projects,	8976
or needs provided to the person making the disbursement by the	8977
candidate or the candidate's campaign committee, by an officer,	8978
agent, employee, or consultant of the candidate or the candidate's	8979
campaign committee, or by a former officer, former agent, former	8980
employee, or former consultant of the candidate or the candidate's	8981
campaign committee, with a view toward having the communication	8982
made;	8983

(ii) Made by or through any person who is, or has been,	8984
authorized to raise or expend funds on behalf of a candidate or	8985
the candidate's campaign committee, who is, or has been, an	8986
officer, agent, employee, or consultant of the candidate or of the	8987
candidate's campaign committee, or who is, or has been, receiving	8988
any form of compensation or reimbursement from the candidate or	8989
the candidate's campaign committee or from an officer, agent,	8990
employee, or consultant of the candidate or of the candidate's	8991
campaign committee.	8992

(b) An electioneering communication shall not be presumed to	8993
be a "coordinated electioneering communication" under division	8994
(A)(4)(a)(ii) of this section if the communication is made through	8995
any person who provides a service that does not affect the content	8996
of the communication, such as communications placed through the	8997
efforts of a media buyer, unless that person also affects the	8998
content of the communication.	8999

(5)(6) "Disclosure date" means both of the following:

9000

(a) The first date during any calendar year by which a person	9001
makes disbursements for the direct costs of producing or airing	9002
electioneering communications aggregating in excess of ten	9003
thousand dollars;	9004

(b) The same day of the week of each remaining week in the	9005
same calendar year as the day of the week of the initial	9006
disclosure date established under division (A)(5)(a) of this	9007
section, if, during that remaining week, the person makes	9008
disbursements for the direct costs of producing or airing	9009
electioneering communications aggregating in excess of one dollar.	9010

(6)(7)(a) "Electioneering communication" means any broadcast,	9011
cable, or satellite communication that refers to a clearly	9012
identified candidate and that is made during either of the	9013
following periods of time:	9014

(i) If the person becomes a candidate before the day of the	9015
primary election at which candidates will be nominated for	9016
election to that office, between the date that the person becomes	9017
a candidate and the thirtieth day prior to that primary election,	9018
and between the date of the primary election and the thirtieth day	9019
prior to the general election at which a candidate will be elected	9020
to that office;	9021

(ii) If the person becomes a candidate after the day of the	9022
primary election at which candidates were nominated for election	9023
to that office, between the date of the primary election and the	9024
thirtieth day prior to the general election at which a candidate	9025
will be elected to that office.	9026

(b) "Electioneering communication" does not include any of	9027
the following:	9028

(i) A communication that is publicly disseminated through a	9029
means of communication other than a broadcast, cable, or satellite	9030
television or radio station. For example, "electioneering	9031
communication" does not include communications appearing in print	9032
media, including a newspaper or magazine, handbill, brochure,	9033
bumper sticker, yard sign, poster, billboard, and other written	9034
materials, including mailings; communications over the internet,	9035
including electronic mail; or telephone communications.	9036

(ii) A communication that appears in a news story,	9037
commentary, public service announcement, bona fide news	9038
programming, or editorial distributed through the facilities of	9039
any broadcast, cable, or satellite television or radio station,	9040
unless those facilities are owned or controlled by any political	9041
party, political committee, or candidate;	9042

(iii) A communication that constitutes an expenditure or an	9043
independent expenditure under section 3517.01 of the Revised Code;	9044

(iv) A communication that constitutes a candidate debate or	9045
forum or that solely promotes a candidate debate or forum and is	9046
made by or on behalf of the person sponsoring the debate or forum.	9047

(7)(8) "Filing date" has the same meaning as in section	9048
3517.109 of the Revised Code.	9049

(8)(9) "Immigration and Nationality Act" means the	9050
Immigration and Nationality Act, 110 Stat. 309 (1996), 8 U.S.C.	9051
1101 et seq., as amended.	9052

(9)(10) "Person" has the same meaning as in section 1.59 of	9053
the Revised Code and includes any political organization	9054
considered exempt from income taxation under section 527 of the	9055
Internal Revenue Code.	9056

(10)(11) "Political committee" means any of the following:

9057

(a) Any committee, club, association, or other group of	9058
persons that receives contributions aggregating in excess of one	9059
thousand dollars during a calendar year or that makes expenditures	9060
aggregating in excess of one thousand dollars during a calendar	9061
year;	9062

(b) Any separate segregated fund;

9063

(c) Any state, county, or local committee of a political	9064
party that does any of the following:	9065

(i) Receives contributions aggregating in excess of five	9066
thousand dollars during a calendar year;	9067

(ii) Makes payments that do not constitute contributions or	9068
expenditures aggregating in excess of five thousand dollars during	9069
a calendar year;	9070

(iii) Makes contributions or expenditures aggregating in	9071
excess of one thousand dollars during a calendar year.	9072

(11)(12) "Publicly distributed" means aired, broadcast,	9073
cablecast, or otherwise disseminated for a fee.	9074

(12)(13) "Refers to a clearly identified candidate" means	9075
that the candidate's name, nickname, photograph, or drawing	9076
appears, or the identity of the candidate is otherwise apparent	9077
through an unambiguous reference to the person such as "the chief	9078
justice," "the governor," "member of the Ohio senate," "member of	9079
the Ohio house of representatives," "county auditor," "mayor," or	9080
"township trustee" or through an unambiguous reference to the	9081
person's status as a candidate.	9082

(B) For the purposes of this section, a person shall be	9083
considered to have made a disbursement if the person has entered	9084
into a contract to make the disbursement.	9085

(C) Any person intending to make a disbursement or	9086
disbursements for the direct costs of producing or airing	9087
electioneering communications, prior to making the first	9088
disbursement for the direct costs of producing or airing an	9089
electioneering communication, shall file a notice with the office	9090
of the secretary of state that the person is intending to make	9091
such disbursements.	9092

(D)(1) Every person that makes a disbursement or	9093
disbursements for the direct costs of producing and airing	9094
electioneering communications aggregating in excess of ten	9095
thousand dollars during any calendar year shall file, within	9096
twenty-four hours of each disclosure date, a disclosure of	9097
electioneering communications statement containing the following	9098
information:	9099

(a) The full name and address of the person making the	9100
disbursement, of any person sharing or exercising direction or	9101
control over the activities of the person making the disbursement,	9102
and of the custodian of the books and accounts of the person	9103
making the disbursement;	9104

(b) The principal place of business of the person making the	9105
disbursement, if not an individual;	9106

(c) The amount of each disbursement of more than one dollar	9107
during the period covered by the statement and the identity of the	9108
person to whom the disbursement was made;	9109

(d) The nominations or elections to which the electioneering	9110
communications pertain and the names, if known, of the candidates	9111
identified or to be identified;	9112

(e) If the disbursements were paid out of a segregated bank	9113
account that consists of funds contributed solely by individuals	9114
who are United States citizens or nationals or lawfully admitted	9115
for permanent residence as defined in section 101(a)(20) of the	9116
Immigration and Nationality Act directly to the account for	9117
electioneering communications, the information specified in	9118
division (D)(2) of this section for all contributors who	9119
contributed an aggregate amount of two hundred dollars or more to	9120
the segregated bank account and whose contributions were used for	9121
making the disbursement or disbursements required to be reported	9122
under division (D) of this section during the period covered by	9123
the statement. Nothing in this division prohibits or shall be	9124
construed to prohibit the use of funds in such a segregated bank	9125
account for a purpose other than electioneering communications.	9126

(f) If the disbursements were paid out of funds not described	9127
in division (D)(1)(e) of this section, the information specified	9128
in division (D)(2) of this section for all contributors who	9129
contributed an aggregate amount of two hundred dollars or more to	9130
the person making the disbursement and whose contributions were	9131
used for making the disbursement or disbursements required to be	9132
reported under division (D) of this section during the period	9133
covered by the statement.	9134

(2) For each contributor for which information is required to	9135
be reported under division (D)(1)(e) or (f) of this section, all	9136
of the following shall be reported:	9137

(a) The month, day, and year that the contributor made the	9138
contribution or contributions aggregating two hundred dollars or	9139
more;	9140

(b)(i) The full name and address of the contributor, and, if	9141
the contributor is a political action committee, the registration	9142
number assigned to the political action committee under division	9143
(D)(1) of section 3517.10 of the Revised Code;	9144

(ii) If the contributor is an individual, the name of the	9145
individual's current employer, if any, or, if the individual is	9146
self-employed, the individual's occupation and the name of the	9147
individual's business, if any;	9148

(iii) If the contribution is transmitted pursuant to section	9149
3599.031 of the Revised Code from amounts deducted from the wages	9150
and salaries of two or more employees that exceed in the aggregate	9151
one hundred dollars during the period specified in division	9152
(D)(1)(e) or (f) of this section, as applicable, the full name of	9153
the employees' employer and the full name of the labor	9154
organization of which the employees are members, if any.	9155

(c) A description of the contribution, if other than money;

9156

(d) The value in dollars and cents of the contribution.

9157

(3) Subject to the secretary of state having implemented,	9158
tested, and verified the successful operation of any system the	9159
secretary of state prescribes pursuant to divisions (C)(6)(b) and	9160
(D)(6) of section 3517.10 and division (H)(1) of section 3517.106	9161
of the Revised Code for the filing of campaign finance statements	9162
by electronic means of transmission, a person shall file the	9163
disclosure of electioneering communications statement prescribed	9164
under divisions (D)(1) and (2) of this section by electronic means	9165
of transmission to the office of the secretary of state.	9166

Within five business days after the secretary of state	9167
receives a disclosure of electioneering communications statement	9168
under this division, the secretary of state shall make available	9169
online to the public through the internet, as provided in division	9170
(I) of section 3517.106 of the Revised Code, the contribution and	9171
disbursement information in that statement.	9172

If a filed disclosure of electioneering communications	9173
statement is found to be incomplete or inaccurate after its	9174
examination for completeness and accuracy pursuant to division	9175
(B)(3)(a) of section 3517.11 of the Revised Code, the person shall	9176
file by electronic means of transmission to the office of the	9177
secretary of state any addendum, amendment, or other correction to	9178
the statement that provides the information necessary to complete	9179
or correct the statement or, if required by the secretary of state	9180
under that division, an amended statement.	9181

Within five business days after the secretary of state	9182
receives an addendum, amendment, or other correction to a	9183
disclosure of electioneering communications statement or an	9184
amended statement by electronic means of transmission under this	9185
division or division (B)(3)(a) of section 3517.11 of the Revised	9186
Code, the secretary of state shall make the contribution and	9187
disbursement information in the addendum, amendment, or other	9188
correction to the statement or amended statement available online	9189
to the public through the internet as provided in division (I) of	9190
section 3517.106 of the Revised Code.	9191

(E)(1) Any person who makes a contribution for the purpose of	9192
funding the direct costs of producing or airing an electioneering	9193
communication under this section shall provide the person's full	9194
name and address to the recipient of the contribution at the time	9195
the contribution is made.	9196

(2) Any individual who makes a contribution or contributions	9197
aggregating two hundred dollars or more for the purpose of funding	9198
the direct costs of producing or airing an electioneering	9199
communication under this section shall provide the name of the	9200
individual's current employer, if any, or, if the individual is	9201
self-employed, the individual's occupation and the name of the	9202
individual's business, if any, to the recipient of the	9203
contribution at the time the contribution is made.	9204

(F) In each electioneering communication, a statement shall	9205
appear or be presented in a clear and conspicuous manner that does	9206
both of the following:	9207

(1) Clearly indicates that the electioneering communication	9208
is not authorized by the candidate or the candidate's campaign	9209
committee;	9210

(2) Clearly identifies the person making the disbursement for	9211
the electioneering communication in accordance with section	9212
3517.20 of the Revised Code.	9213

(G) Any coordinated electioneering communication is an	9214
in-kind contribution, subject to the applicable contribution	9215
limits prescribed in section 3517.102 of the Revised Code, to the	9216
candidate by the person making disbursements to pay the direct	9217
costs of producing or airing the communication.	9218

(H) No person shall make, during the thirty days preceding a	9219
primary election or during the thirty days preceding a general	9220
election, any broadcast, cable, or satellite communication that	9221
refers to a clearly identified candidate using any contributions	9222
received from a corporation or labor organization.	9223

Sec. 3519.05.  If the measure to be submitted proposes a	9224
constitutional amendment, the heading of each part of the petition	9225
shall be prepared in the following form, and printed in capital	9226
letters in type of the approximate size set forth:	9227

"INITIATIVE PETITION

9228

Number .......................................................

9229

Issued to ....................................................

9230

(Name of solicitor)

9231

Date of issuance .............................................

9232

..............................................................

9233

Amendment to the Constitution

9234

Proposed by Initiative Petition

9235

To be submitted directly to the electors"

9236

"Amendment" printed in fourteen-point boldface type shall	9237
precede the title, which shall be briefly expressed and printed in	9238
eight-point type. The summary shall then be set forth printed in	9239
ten-point type, and then shall follow the certification of the	9240
attorney general, under proper date, which shall also be printed	9241
in ten-point type. The petition shall then set forth the names and	9242
addresses of the committee of not less than three nor more than	9243
five to represent the petitioners in all matters relating to the	9244
petition or its circulation.	9245

Immediately above the heading of the place for signatures on	9246
each part of the petition the following notice shall be printed in	9247
boldface type:	9248

"NOTICE

9249

Whoever knowingly signs this petition more than once, signs a	9250
name other than one's own, or signs when not a qualified voter, is	9251
liable to prosecution.	9252

In consideration for services in soliciting signatures to	9253
this petition, the solicitor has received or expects to	9254

receive .......................................................

9255

from ..........................................................

9256

(Whose address is).............................................

9257

..............................................................."

9258

Before any elector signs the part-petition, the solicitor shall	9259
completely fill in the above blanks if the solicitor has received	9260
or will receive any consideration, and if the solicitor has not	9261
received and will not receive any consideration, the solicitor	9262
shall insert "nothing."	9263

The heading of the place for signatures shall be	9264
substantially as follows:	9265

"(Sign with ink or indelible pencil. Your name, residence, and	9266
date of signing must be given.)	9267

(Voters who do not live in a municipal corporation should fill in	9273
the information called for by headings printed above.)	9274

(Voters who reside in municipal corporations should fill in the	9275
information called for by headings printed below.)	9276

The text of the proposed amendment shall be printed in full,	9282
immediately following the place for signatures, and shall be	9283
prefaced by "Be it resolved by the people of the State of Ohio."	9284
Immediately following the text of the proposed amendment must	9285
appear the following form:	9286

"I, ........., declare under penalty of election	9287
falsification that I am the circulator of the foregoing petition	9288
paper containing the signatures of ......... electors, that the	9289
signatures appended hereto were made and appended in my presence	9290
on the date set opposite each respective name, and are the	9291
signatures of the persons whose names they purport to be, and that	9292
the electors signing this petition did so with knowledge of the	9293
contents of same. I am employed to circulate this petition by	9294
................................ (Name and address of employer).	9295
(The preceding sentence shall be completed as required by section	9296
3501.38 of the Revised Code if the circulator is being employed to	9297
circulate the petition.)	9298

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	9301
OF THE FIFTH DEGREE."	9302

If the measure proposes a law, the heading of each part of	9303
the petition shall be prepared as follows:	9304

"INITIATIVE PETITION

9305

Number .........................................................

9306

................................................................

9307

Issued to ......................................................

9308

................................................................

9309

(Name of Solicitor)

9310

Date of issuance ...............................................

9311

................................................................

9312

Law proposed by initiative petition first to be submitted to	9313
the General Assembly."	9314

In all other respects the form shall be as provided for the	9315
submission of a constitutional amendment, except that the text of	9316
the proposed law shall be prefaced by "Be it enacted by the people	9317
of the state of Ohio."	9318

The form for a supplementary initiative petition shall be the	9319
same as that provided for an initiative petition, with the	9320
exception that "supplementary" shall precede "initiative" in the	9321
title thereof.	9322

The general provisions set forth in this section relative to	9323
the form and order of an initiative petition shall be, so far as	9324
practical, applicable to a referendum petition, the heading of	9325
which shall be as follows:	9326

"REFERENDUM PETITION

9327

Number .........................................................

9328

................................................................

9329

Issued to ......................................................

9330

................................................................

9331

(Name of Solicitor)

9332

Date of issuance ...............................................

9333

................................................................

9334

To be submitted to the electors for their approval or	9335
rejection"	9336

The title, which follows the heading, shall contain a brief	9337
legislative history of the law, section, or item of law to be	9338
referred. The text of the law so referred shall be followed by the	9339
certification of the secretary of state, in accordance with	9340
division (B)(2)(b) of section 3519.01 of the Revised Code, that it	9341
has been compared with the copy of the enrolled act, on file in	9342
the secretary of state's office, containing such law, section, or	9343
item of law, and found to be correct.	9344

Sec. 3523.05.  The election provided for in section 3523.01	9345
of the Revised Code shall be by ballot, which may be separate from	9346
any ballot to be used at the same election. Such ballot shall	9347
first state the substance of the proposed amendment to the	9348
constitutionConstitution of the United States. This shall be	9349
followed by appropriate instructions to the voter. It shall then	9350
contain perpendicular columns of equal width, headed respectively	9351
in plain type, "for ratification," "against ratification," and	9352
"unpledged." In the column headed "for ratification" shall be	9353
placed the names of the nominees nominated as in favor of	9354
ratification. In the column headed "against ratification" shall be	9355
placed the names of the nominees nominated as against	9356
ratification. In the column headed "unpledged" shall be placed the	9357
names of the nominees nominated as unpledged. The voter shall	9358
indicate histhe voter's choice by making one or more punches or	9359
marks in the appropriate spaces provided on the ballot. No ballot	9360
shall be held void because any such punch or mark is irregular in	9361
character. The ballot shall be so arranged that the voter may, by	9362
making a single punch or mark, vote for the entire group of	9363
nominees whose names are comprised in any column. The ballot shall	9364
be in substantially the following form:	9365

PROPOSED AMENDMENT TO THE

9366

CONSTITUTION OF THE UNITED STATES

9367

Delegates to the convention to ratify the proposed amendment.

9368

The congress has proposed an amendment to the constitution	9369
Constitution of the United States which provides (insert here the	9370
substance of the proposed amendment).	9371

The congress has also proposed that the said amendment shall	9372
be ratified by conventions in the states.	9373

INSTRUCTIONS TO VOTERS

9374

Do not vote for more than fifty-two candidates.

9375

To vote for all candidates in favor of ratification, or for	9376
all candidates against ratification, or for all candidates who	9377
intend to remain unpledged, make a mark in the CIRCLE. If you do	9378
this, make no other mark. To vote for an individual candidate make	9379
a mark in the SQUARE at the left of the name.	9380

All rights on the part of lists of candidates to name	9385
challengers and witnessesobservers in the polling places shall be	9386
the same as those under Title XXXV of the Revised Code.	9387

The fifty-two nominees who receive the highest number of	9388
votes shall be delegates to the convention.	9389

Sec. 3599.11.  (A) No person shall knowingly register or make	9390
application or attempt to register in a precinct in which the	9391
person is not a qualified voter; or knowingly aid or abet any	9392
person to so register; or attempt to register or knowingly induce	9393
or attempt to induce any person to so register; or knowingly	9394
impersonate another or write or assume the name of another, real	9395
or fictitious, in registering or attempting to register; or by	9396
false statement or other unlawful means procure, aid, or attempt	9397
to procure the erasure or striking out on the register or	9398
duplicate list of the name of a qualified elector therein; or	9399
knowingly induce or attempt to induce a registrar or other	9400
election authority to refuse registration in a precinct to an	9401
elector thereof; or knowingly swear or affirm falsely upon a	9402
lawful examination by or before any registering officer; or make,	9403
print, or issue any false or counterfeit certificate of	9404
registration or knowingly alter any certificate of registration.	9405

No person shall knowingly register under more than one name	9406
or knowingly induce any person to so register.	9407

No person shall knowingly make any false statement on any	9408
form for registration or change of registration or upon any	9409
application or return envelope for an absent voter's ballot.	9410

Whoever violates this division is guilty of a felony of the	9411
fifth degree.	9412

(B)(1) No person who helps another person register outside an	9413
official voter registration place shall knowingly destroy, or	9414
knowingly help another person to destroy, any completed	9415
registration form, or.	9416

Whoever violates this division is guilty of election	9417
falsification, a felony of the fifth degree.	9418

(2)(a) No person who helps another person register outside an	9419
official voter registration place shall knowingly fail to return	9420
any registration form entrusted to that person to the board of	9421
elections of the county in which the applicant is seeking to	9422
register to vote or to a designated agency in that county on or	9423
before the thirtieth day before the election.	9424

Whoever violates this division is guilty of a misdemeanor of	9425
the first degreeelection falsification, a felony of the fifth	9426
degree.	9427

(b) Subject to division (C)(2) of this section, no person who	9428
helps another person register outside an official registration	9429
place shall knowingly return any registration form entrusted to	9430
that person to any location other than the board of elections of	9431
the county in which the applicant is seeking to register to vote	9432
or to a designated agency in that county.	9433

Whoever violates this division is guilty of election	9434
falsification, a felony of the fifth degree.	9435

(C)(1) No person who receives compensation for registering a	9436
voter shall knowingly fail to return any registration form	9437
entrusted to that person to the board of elections of the county	9438
in which the applicant is seeking to register to vote within ten	9439
days after that voter registration form is completed or on or	9440
before the thirtieth day before the election, whichever is	9441
earlier.	9442

Whoever violates this division is guilty of election	9443
falsification, a felony of the fifth degree.	9444

(2) No person who receives compensation for registering a	9445
voter shall knowingly return any registration form entrusted to	9446
that person to any location other than the board of elections of	9447
the county in which the applicant is seeking to register to vote.	9448

Whoever violates this division is guilty of election	9449
falsification, a felony of the fifth degree.	9450

(D) As used in division (C) of this section, "registering a	9451
voter" includes any effort, for compensation, to provide voter	9452
registration forms or to assist persons in completing or returning	9453
those forms.	9454

Sec. 3599.111.  (A) As used in this section, "registering a	9455
voter" or "registering voters" includes any effort, for	9456
compensation, to provide voter registration forms or to assist	9457
persons in completing or returning those forms or returning them	9458
to the board of elections, the office of the secretary of state,	9459
or other appropriate public office.	9460

(B) No person shall receive compensation on a fee per	9461
signature or fee per volume basis for circulating any declaration	9462
of candidacy, nominating petition, declaration of intent to be a	9463
write-in candidate, initiative petition, referendum petition,	9464
recall petition, or any other election-related petition that is	9465
filed with or transmitted to a board of elections, the office of	9466
the secretary of state, or other appropriate public office.	9467

(C) No person shall receive compensation on a fee per	9468
registration or fee per volume basis for registering a voter.	9469

(D) CompensationNo person shall pay any other person for	9470
collecting signatures on election-related petitions andor for	9471
registering voters shall be paid solelyexcept on the basis of	9472
time worked.	9473

(E)(1) Whoever violates division (B) or (C) of this section	9474
is guilty of election falsification under section 3599.36 of the	9475
Revised Codereceiving improper compensation for circulating a	9476
petition, a felony of the fifth degree.	9477

(2) Whoever violates division (C) of this section is guilty	9478
of receiving improper compensation for registering a voter, a	9479
felony of the fifth degree.	9480

(3) Whoever violates division (D) of this section is guilty	9481
of paying improper compensation for circulating a petition or	9482
registering a voter, a felony of the fifth degree.	9483

Sec. 3599.12.  (A) No person shall do any of the following:

9484

(1) Vote or attempt to vote in any primary, special, or	9485
general election in a precinct in which that person is not a	9486
legally qualified elector;	9487

(2) Vote or attempt to vote more than once at the same	9488
election by any means, including voting or attempting to vote both	9489
by absent voter's ballots under division (B), (C), or (G) of	9490
section 3503.16 of the Revised Code and by regular ballot at the	9491
polls at the same election, or voting or attempting to vote both	9492
by absent voter's ballots under division (B), (C), or (G) of	9493
section 3503.16 of the Revised Code and by absent voter's ballots	9494
under Chapter 3509. or armed service absent voter's ballots under	9495
Chapter 3511. of the Revised Code at the same election;	9496

(3) Impersonate or sign the name of another person, real or	9497
fictitious, living or dead, and vote or attempt to vote as that	9498
other person in any such election;	9499

(4) Cast a ballot at any such election after objection has	9500
been made and sustained to that person's vote;	9501

(5) Knowingly vote or attempt to vote a ballot other than the	9502
official ballot.	9503

(B) Whoever violates division (A) of this section is guilty	9504
of a felony of the fourth degree.	9505

Sec. 3599.21.  (A) No person shall knowingly do any of the	9506
following:	9507

(1) Impersonate another, or make a false representation in	9508
order to obtain an absent voter's ballot;	9509

(2) Aid or abet a person to vote an absent voter's ballot	9510
illegally;	9511

(3) If the person is an election official, open, destroy,	9512
steal, mark, or mutilate any absent voter's ballot;	9513

(4) Aid or abet another person to open, destroy, steal, mark,	9514
or mutilate any absent voter's ballot after the ballot has been	9515
voted;	9516

(5) Delay the delivery of any such ballot with a view to	9517
preventing its arrival in time to be counted;	9518

(6) Hinder or attempt to hinder the delivery or counting of	9519
such absent voter's ballot;	9520

(7) Fail to forward to the appropriate election official an	9521
absent voter's ballot application entrusted to that person to so	9522
forward;	9523

(8) Fail to forward to the appropriate election official an	9524
absent voter's ballot application entrusted to that person to so	9525
forward within such a time period that the failure to so forward	9526
the application disenfranchises the voter with respect to a	9527
particular election;	9528

(9) Except as authorized under Chapters 3509. and 3511. of	9529
the Revised Code, possess the absent voter's ballot of another.	9530

(B)(1) Subject to division (B)(2) of this section, no person	9531
who receives compensation for soliciting persons to apply to vote	9532
by absent voter's ballots shall fail to forward to the appropriate	9533
election official an absent voter's ballot application entrusted	9534
to that person to so forward within ten days after that	9535
application is completed.	9536

(2) No person who receives compensation for soliciting	9537
persons to apply to vote by absent voter's ballots shall fail to	9538
forward to the appropriate election official an absent voter's	9539
ballot application entrusted to that person to so forward within	9540
such a time period that the failure to so forward the application	9541
disenfranchises the voter with respect to a particular election.	9542
Whoever violates division (A) or (B) of this section is guilty of	9543
a felony of the fourth degree.	9544

(C) As used in this section, "person who receives	9545
compensation for soliciting persons to apply to vote by absent	9546
voter's ballots" includes any effort, for compensation, to provide	9547
absent voter's ballot applications or to assist persons in	9548
completing those applications or returning them to the director of	9549
the board of elections of the county in which the applicant's	9550
voting residence is located.	9551

Sec. 3599.24.  (A) No person shall do any of the following:

9552

(1) By force, fraud, or other improper means, obtain or	9553
attempt to obtain possession of the ballots, ballot boxes, or	9554
pollbooks;	9555

(2) Recklessly destroy any property used in the conduct of	9556
elections;	9557

(3) Attempt to intimidate an election officer, or prevent an	9558
election official from performing the official's duties;	9559

(4) Knowingly tear down, remove, or destroy any of the	9560
registration lists or sample ballots furnished by the board of	9561
elections at the polling place;	9562

(5) Loiter in or about a registration or polling place during	9563
registration or the casting and counting of ballots so as to	9564
hinder, delay, or interfere with the conduct of the registration	9565
or election;	9566

(6) Remove from the voting place the pencils, cards of	9567
instruction, supplies, or other conveniences furnished to enable	9568
the voter to mark the voter's ballot.	9569

(B) Whoever violates division (A)(1) or (2) of this section	9570
is guilty of a felony of the fifth degree. Whoever violates	9571
division (A)(3) or, (4), (5), or (6) of this section is guilty of	9572
a misdemeanor of the first degree. Whoever violates division	9573
(A)(5) or (6) of this section is guilty of a minor misdemeanor.	9574

Sec. 3599.38.  (A) No election official, witness, challenger	9575
observer, deputy sheriff, special deputy sheriff, or police	9576
officer, while performing that person's duties related to the	9577
casting of votes, shall do either of the following:	9578

(1) Wear any badge, sign, or other insignia or thing	9579
indicating that person's preference for any candidate or for any	9580
question submitted at an election;	9581

(2) Influence or attempt to influence any voter to cast the	9582
voter's ballot for or against any candidate or issue submitted at	9583
an election.	9584

(B) Whoever violates division (A) of this section is guilty	9585
of a misdemeanor of the first degree.	9586

Sec. 4301.33.  (A) The board of elections shall provide to a	9587
petitioner circulating a petition for an election for the	9588
submission of one or more of the questions specified in divisions	9589
(A) to (D) of section 4301.35 or section 4301.351 of the Revised	9590
Code, at the time of taking out the petition, the names of the	9591
streets and, if appropriate, the address numbers of residences and	9592
business establishments within the precinct in which the election	9593
is sought, and a form prescribed by the secretary of state for	9594
notifying affected permit holders and liquor agency stores of the	9595
circulation of a petition for an election for the submission of	9596
one or more of the questions specified in divisions (A) to (D) of	9597
section 4301.35 or section 4301.351 of the Revised Code. The	9598
petitioner shall, not less than forty-five days before the	9599
petition-filing deadline for the election, as provided in this	9600
section, file with the division of liquor control the information	9601
regarding names of streets and, if appropriate, address numbers of	9602
residences and business establishments provided by the board of	9603
elections, and specify to the division the precinct that is	9604
concerned and that would be affected by the results of the	9605
election and the filing deadline. The division shall, within a	9606
reasonable period of time and not later than fifteen days before	9607
the filing deadline, supply the petitioner with a list of the	9608
names and addresses of permit holders and liquor agency stores, if	9609
any, that would be affected by the election. The list shall	9610
contain a heading with the following words: "Liquor permit holders	9611
and liquor agency stores that would be affected by the question(s)	9612
set forth on petition for a local option election."	9613

Within five days after a petitioner has received from the	9614
division the list of liquor permit holders and liquor agency	9615
stores, if any, that would be affected by the question or	9616
questions set forth on a petition for local option election, the	9617
petitioner shall, using the form provided by the board of	9618
elections, notify by certified mail each permit holder and liquor	9619
agency store whose name appears on that list. The form for	9620
notifying affected permit holders and liquor agency stores shall	9621
require the petitioner to state the petitioner's name and street	9622
address and shall contain a statement that a petition is being	9623
circulated for an election for the submission of the question or	9624
questions specified in divisions (A) to (D) of section 4301.35 or	9625
section 4301.351 of the Revised Code. The form shall require the	9626
petitioner to state the question or questions to be submitted as	9627
they appear on the petition.	9628

The petitioner shall attach a copy of the list provided by	9629
the division to each petition paper. A part petition paper	9630
circulated at any time without the list of affected permit holders	9631
and liquor agency stores attached to it is invalid.	9632

At the time the petitioner files the petition with the board	9633
of elections, the petitioner shall provide to the board the list	9634
supplied by the division and an affidavit certifying that the	9635
petitioner notified all affected permit holders and liquor agency	9636
stores, if any, on the list in the manner and within the time	9637
required in this section and that, at the time each signer of the	9638
petition affixed the signer's signature to the petition, the	9639
petition paper contained a copy of the list of affected permit	9640
holders and liquor agency stores.	9641

Within five days after receiving a petition calling for an	9642
election for the submission of one or more of the questions	9643
specified in divisions (A) to (D) of section 4301.35 or section	9644
4301.351 of the Revised Code, the board shall give notice by	9645
certified mail that it has received the petition to all liquor	9646
permit holders and liquor agency stores, if any, whose names	9647
appear on the list of affected permit holders and liquor agency	9648
stores filed by the petitioner. Failure of the petitioner to	9649
supply the affidavit required by this section and a complete and	9650
accurate list of liquor permit holders and liquor agency stores,	9651
if any, invalidates the entire petition. The board of elections	9652
shall provide to a permit holder or liquor agency store that would	9653
be affected by a proposed local option election, on the permit	9654
holder's or liquor agency store's request, the names of the	9655
streets, and, if appropriate, the address numbers of residences	9656
and business establishments within the precinct in which the	9657
election is sought that would be affected by the results of the	9658
election. The board may charge a reasonable fee for this	9659
information when provided to the petitioner and the permit holder	9660
or liquor agency store.	9661

(B) Upon the presentation of a petition, not later than four	9662
p.m. of the seventy-fifth day before the day of a general or	9663
primary election, to the board of elections of the county where	9664
the precinct is located, designating whether it is a petition for	9665
an election for the submission of one or more of the questions	9666
specified in section 4301.35 of the Revised Code, or a petition	9667
for the submission of one or more of the questions specified in	9668
section 4301.351 of the Revised Code, designating the particular	9669
question or questions specified in section 4301.35 or 4301.351 of	9670
the Revised Code that are to be submitted, and signed by the	9671
qualified electors of the precinct concerned, equal in number to	9672
thirty-five per cent of the total number of votes cast in the	9673
precinct concerned for the office of governor at the preceding	9674
general election for that office, the board shall submit the	9675
question or questions specified in the petition to the electors of	9676
the precinct concerned, on the day of the next general or primary	9677
election, whichever occurs first and shall proceed as follows:	9678

(1) Such board shall, not later than the sixty-sixth	9679
sixty-eighth day before the day of the election for which the	9680
question or questions on the petition would qualify for submission	9681
to the electors of the precinct, examine and determine the	9682
sufficiency of the signatures and review, examine, and determine	9683
the validity of the petition and, in case of overlapping precinct	9684
petitions presented within that period, determine which of the	9685
petitions shall govern the further proceedings of the board. In	9686
the case where the board determines that two or more overlapping	9687
petitions are valid, the earlier filed petition shall govern. The	9688
board shall certify the sufficiency and validity of any petition	9689
determined to be valid. The board shall determine the validity of	9690
the petition as of the time of certification as described in this	9691
division.	9692

(2) If a petition is sufficient, and, in case of overlapping	9693
precinct petitions, after the board has determined the governing	9694
petition, the board to which the petition has been presented shall	9695
order the holding of a special election in the precinct for the	9696
submission of whichever of the questions specified in section	9697
4301.35 or 4301.351 of the Revised Code are designated in the	9698
petition, on the day of the next general or primary election,	9699
whichever occurs first.	9700

(3) All petitions filed with a board of elections under this	9701
section shall be open to public inspection under rules adopted by	9702
the board.	9703

(4) Protest against local option petitions may be filed by	9704
any elector eligible to vote on the question or questions	9705
described in the petitions or by a permit holder or liquor agency	9706
store in the precinct as described in the petitions, not later	9707
than four p.m. of the sixty-fourth day before the day of the	9708
general or primary election for which the petition qualified. The	9709
protest shall be in writing and shall be filed with the election	9710
officials with whom the petition was filed. Upon filing of the	9711
protest, the election officials with whom it is filed shall	9712
promptly fix the time for hearing it, and shall mail notice of the	9713
filing of the protest and the time and place for hearing it to the	9714
person who filed the petition and to the person who filed the	9715
protest. At the time and place fixed, the election officials shall	9716
hear the protest and determine the validity of the petition.	9717

Sec. 4301.331.  (A) The privilege of local option conferred	9718
by section 4301.321 of the Revised Code shall be exercised if a	9719
certified copy of the judgment issued pursuant to division (D) or	9720
(E) of section 3767.05 of the Revised Code that is the basis for	9721
the exercise of the local option privilege is filed pursuant to	9722
division (G) of section 3767.05 of the Revised Code indicating	9723
that a liquor permit premises has been adjudged a nuisance. The	9724
certified copy of the judgment shall be filed in accordance with	9725
this section by the person or public official who brought the	9726
action under section 3763.03 of the Revised Code.	9727

(B) The certified copy of the judgment prescribed under	9728
division (A) of this section shall be filed with the board of	9729
elections of the county in which the nuisance was adjudged to	9730
exist pursuant to division (D) or (E) of section 3767.05 of the	9731
Revised Code not later than four p.m. of the seventy-fifth day	9732
before the day of the next general or primary election.	9733

(C) The statement prescribed under division (A) of this	9734
section shall contain both of the following:	9735

(1) A notice that the statement is for the submission of the	9736
question set forth in section 4301.352 of the Revised Code;	9737

(2) The name of a class C or D permit holder and the address	9738
of the permit holder's permit premises. If the business conducted	9739
by a class C or D permit holder at the permit premises has a name	9740
different from the permit holder's personal or corporate name, the	9741
name of the permit holder's business shall be stated along with	9742
the permit holder's personal or corporate name.	9743

(D) Not later than five days after the certified copy of the	9744
judgment prescribed under division (A) of this section is filed,	9745
the board shall give notice by certified mail that it has received	9746
the certified copy of the judgment to the liquor permit holder	9747
whose permit would be affected by the results of the election	9748
required by the filing of the certified copy of the judgment.	9749
Failure of the petitioner to supply a complete and accurate	9750
address of the liquor permit holder to the board of elections	9751
invalidates the election.	9752

For purposes of this section, "complete and accurate address"	9753
means all of the following:	9754

(1) The address of the liquor permit premises;

9755

(2) The address of the statutory agent of the liquor permit	9756
holder, if applicable;	9757

(3) The address of the liquor permit holder if different from	9758
the liquor permit premises address.	9759

(E) Not later than the sixty-sixthsixty-eighth day before	9760
the day of the next general or primary election, whichever occurs	9761
first, the board shall certify the sufficiency and validity of the	9762
certified copy of the judgment, make such determination as of the	9763
time of certification, and order the holding of an election in the	9764
precinct on the day of that general or primary election for the	9765
submission of the question set forth in section 4301.352 of the	9766
Revised Code.	9767

(F) A certified copy of the judgment filed with the board of	9768
elections under division (A) of this section shall be open to	9769
public inspection under rules adopted by the board.	9770

An elector who is eligible to vote on the question set forth	9771
in section 4301.352 of the Revised Code or the permit holder named	9772
on the certified copy of the judgment, not later than four p.m. of	9773
the sixty-fourth day before the day of the election at which the	9774
question will be submitted to the electors, may file a protest	9775
against a local option petition. The protest shall be in writing	9776
and shall be filed with the election officials with whom the	9777
certified copy of the judgment was filed. Upon the filing of the	9778
protest, the election officials with whom it is filed shall	9779
promptly fix a time and place for hearing the protest, and shall	9780
mail notice of the time and place for hearing it to the person who	9781
filed the certified copy of the judgment and to the person who	9782
filed the protest. At the time and place fixed, the election	9783
officials shall hear the protest and determine the validity of the	9784
certified copy of the judgment.	9785

Sec. 4301.332.  (A) The board of elections shall provide to a	9786
petitioner circulating a petition for an election for the	9787
submission of one or more of the questions specified in section	9788
4301.353 or 4301.354 of the Revised Code, at the time of taking	9789
out the petition, the names of the streets and, if appropriate,	9790
the address numbers of residences and business establishments	9791
within the precinct that would be affected by the results of the	9792
election, and a form prescribed by the secretary of state for	9793
notifying affected permit holders of the circulation of a petition	9794
for an election for the submission of one or more of the questions	9795
specified in section 4301.353 or 4301.354 of the Revised Code. The	9796
petitioner shall, not less than forty-five days before the	9797
petition-filing deadline for the election, as provided in this	9798
section, file with the division of liquor control the information	9799
regarding names of streets and, if appropriate, address numbers of	9800
residences and business establishments provided by the board of	9801
elections, and specify to the division the portion of the precinct	9802
that would be affected by the results of the election and the	9803
filing deadline. The division shall, within a reasonable period of	9804
time and not later than fifteen days before the filing deadline,	9805
supply the petitioner with a list of the names and addresses of	9806
permit holders, if any, who would be affected by the election. The	9807
list shall contain a heading with the following words: "Liquor	9808
permit holders who would be affected by the question(s) set forth	9809
on petition for a local option election."	9810

Within five days after a petitioner has received from the	9811
division the list of liquor permit holders, if any, who would be	9812
affected by the question or questions set forth on a petition for	9813
local option election, the petitioner, using the form provided by	9814
the board of elections, shall notify by certified mail each permit	9815
holder whose name appears on that list. The form for notifying	9816
affected permit holders shall require the petitioner to state the	9817
petitioner's name and street address and shall contain a statement	9818
that a petition is being circulated for an election for the	9819
submission of the question or questions specified in section	9820
4301.353 or 4301.354 of the Revised Code. The form shall require	9821
the petitioner to state the question or questions to be submitted	9822
as they appear on the petition.	9823

The petitioner shall attach a copy of the list provided by	9824
the division to each petition paper. A part petition paper	9825
circulated at any time without the list of affected permit holders	9826
attached to it is invalid.	9827

At the time the petitioner files the petition with the board	9828
of elections, the petitioner shall provide to the board the list	9829
supplied by the division and an affidavit certifying that the	9830
petitioner notified all affected permit holders, if any, on the	9831
list in the manner and within the time required in this section	9832
and that, at the time each signer of the petition affixed the	9833
signer's signature to the petition, the petition paper contained a	9834
copy of the list of affected permit holders.	9835

Within five days after receiving a petition calling for an	9836
election for the submission of one or more of the questions	9837
specified in section 4301.353 or 4301.354 of the Revised Code, the	9838
board shall give notice by certified mail that it has received the	9839
petition to all liquor permit holders, if any, whose names appear	9840
on the list of affected permit holders filed by the petitioner as	9841
furnished by the division. Failure of the petitioner to supply the	9842
affidavit required by this section and a complete and accurate	9843
list of liquor permit holders as furnished by the division	9844
invalidates the entire petition. The board of elections shall	9845
provide to a permit holder who would be affected by a proposed	9846
local option election, on the permit holder's request, the names	9847
of the streets, and, if appropriate, the address numbers of	9848
residences and business establishments within the portion of the	9849
precinct that would be affected by the results of the election.	9850
The board may charge a reasonable fee for this information when	9851
provided to the petitioner and the permit holder.	9852

This division does not apply to an election held under	9853
section 4301.353 or 4301.354 of the Revised Code if the results of	9854
the election would not affect any permit holder.	9855

(B) Upon the presentation of a petition, not later than four	9856
p.m. of the seventy-fifth day before the day of a general or	9857
primary election, to the board of elections of the county where	9858
the precinct is located, designating whether it is a petition for	9859
an election for the submission of one or both of the questions	9860
specified in section 4301.353 of the Revised Code, or a petition	9861
for the submission of one or more of the questions specified in	9862
section 4301.354 of the Revised Code, designating the particular	9863
question or questions specified in section 4301.353 or 4301.354 of	9864
the Revised Code that are to be submitted, and signed by the	9865
qualified electors of the precinct concerned, equal in number to	9866
thirty-five per cent of the total number of votes cast in the	9867
precinct concerned for the office of governor at the preceding	9868
general election for that office, the board shall submit the	9869
question or questions specified in the petition to the electors of	9870
the precinct concerned, on the day of the next general or primary	9871
election, whichever occurs first and shall proceed as follows:	9872

(1) Such board shall, not later than the sixty-sixth	9873
sixty-eighth day before the day of the election for which the	9874
question or questions on the petition would qualify for submission	9875
to the electors of the precinct, examine and determine the	9876
sufficiency of the signatures and review, examine, and determine	9877
the validity of the petition and, in case of overlapping precinct	9878
petitions presented within that period, determine which of the	9879
petitions shall govern the further proceedings of the board. In	9880
the case where the board determines that two or more overlapping	9881
petitions are valid, the earlier filed petition shall govern. The	9882
board shall certify the sufficiency and validity of any petition	9883
determined to be valid. The board shall determine the validity of	9884
the petition as of the time of certification as described in this	9885
division.	9886

(2) If a petition is sufficient, and, in case of overlapping	9887
precinct petitions, after the board has determined the governing	9888
petition, the board to which the petition has been presented shall	9889
order the holding of a special election in the precinct for the	9890
submission of whichever of the questions specified in section	9891
4301.353 or 4301.354 of the Revised Code are designated in the	9892
petition, on the day of the next general or primary election,	9893
whichever occurs first.	9894

(C) All petitions filed with a board of elections under this	9895
section shall be open to public inspection under rules adopted by	9896
the board.	9897

(D) Protest against local option petitions may be filed by	9898
any elector eligible to vote on the question or questions	9899
described in the petitions or by a permit holder in the precinct	9900
as described in the petitions, not later than four p.m. of the	9901
sixty-fourth day before the day of the general or primary election	9902
for which the petition qualified. The protest shall be in writing	9903
and shall be filed with the election officials with whom the	9904
petition was filed. Upon filing of the protest, the election	9905
officials with whom it is filed shall promptly fix the time for	9906
hearing it, and shall mail notice of the filing of the protest and	9907
the time and place for hearing it to the person who filed the	9908
petition and to the person who filed the protest. At the time and	9909
place fixed, the election officials shall hear the protest and	9910
determine the validity of the petition.	9911

Sec. 4301.333.  (A) The privilege of local option conferred	9912
by section 4301.323 of the Revised Code may be exercised if, not	9913
later than four p.m. of the seventy-fifth day before the day of a	9914
general or primary election, a petition is presented to the board	9915
of elections of the county in which the precinct is situated by a	9916
petitioner who is one of the following:	9917

(1) An applicant for the issuance or transfer of a liquor	9918
permit at, or to, a particular location within the precinct;	9919

(2) The holder of a liquor permit at a particular location	9920
within the precinct;	9921

(3) A person who operates or seeks to operate a liquor agency	9922
store at a particular location within the precinct;	9923

(4) The designated agent for an applicant, liquor permit	9924
holder, or liquor agency store described in division (A)(1), (2),	9925
or (3) of this section.	9926

(B) The petition shall be signed by the electors of the	9927
precinct equal in number to at least thirty-five per cent of the	9928
total number of votes cast in the precinct for the office of	9929
governor at the preceding general election for that office and	9930
shall contain all of the following:	9931

(1) A notice that the petition is for the submission of the	9932
question or questions set forth in section 4301.355 of the Revised	9933
Code;	9934

(2) The name of the applicant for the issuance or transfer,	9935
or the holder, of the liquor permit or, if applicable, the name of	9936
the liquor agency store, including any trade or fictitious names	9937
under which the applicant, holder, or liquor agency store either	9938
intends to do or does business at the particular location;	9939

(3) The address and proposed use of the particular location	9940
within the election precinct to which the results of the question	9941
or questions specified in section 4301.355 of the Revised Code	9942
shall apply. For purposes of this division, "use" means all of the	9943
following:	9944

(a) The type of each liquor permit applied for by the	9945
applicant or held by the liquor permit holder as described in	9946
sections 4303.11 to 4303.183 of the Revised Code, including a	9947
description of the type of beer or intoxicating liquor sales	9948
authorized by each permit as provided in those sections;	9949

(b) If a liquor agency store, the fact that the business	9950
operated as a liquor agency store authorized to operate by this	9951
state;	9952

(c) A description of the general nature of the business of	9953
the applicant, liquor permit holder, or liquor agency store.	9954

(4) If the petition seeks approval of Sunday sales under	9955
question (B)(2) as set forth in section 4301.355 of the Revised	9956
Code, a statement indicating whether the hours of sale sought are	9957
between ten a.m. and midnight or between one p.m. and midnight.	9958

(C)(1) At the time the petitioner files the petition with the	9959
board of elections, the petitioner shall provide to the board both	9960
of the following:	9961

(a) An affidavit that is signed by the petitioner and that	9962
states the proposed use of the location following the election	9963
held to authorize the sale of beer or intoxicating liquor	9964
authorized by each permit as provided in sections 4303.11 to	9965
4303.183 of the Revised Code;	9966

(b) Written evidence of the designation of an agent by the	9967
applicant, liquor permit holder, or liquor agency store described	9968
in division (A)(1), (2), or (3) of this section for the purpose of	9969
petitioning for the local option election, if the petitioner is	9970
the designated agent of the applicant, liquor permit holder, or	9971
liquor agency store.	9972

(2) Failure to supply the affidavit, or the written evidence	9973
of the designation of the agent if the petitioner for the local	9974
option election is the agent of the applicant, liquor permit	9975
holder, or liquor agency store described in division (A)(1), (2),	9976
or (3) of this section, at the time the petition is filed	9977
invalidates the entire petition.	9978

(D) Not later than the sixty-sixthsixty-eighth day before	9979
the day of the next general or primary election, whichever occurs	9980
first, the board shall examine and determine the sufficiency of	9981
the signatures and the validity of the petition. If the board	9982
finds that the petition contains sufficient signatures and in	9983
other respects is valid, it shall order the holding of an election	9984
in the precinct on the day of the next general or primary	9985
election, whichever occurs first, for the submission of the	9986
question or questions set forth in section 4301.355 of the Revised	9987
Code.	9988

(E) A petition filed with the board of elections under this	9989
section shall be open to public inspection under rules adopted by	9990
the board.	9991

(F) An elector who is eligible to vote on the question or	9992
questions set forth in section 4301.355 of the Revised Code may	9993
file, not later than four p.m. of the sixty-fourth day before the	9994
day of the election at which the question or questions will be	9995
submitted to the electors, a protest against a local option	9996
petition circulated and filed pursuant to this section. The	9997
protest shall be in writing and shall be filed with the election	9998
officials with whom the petition was filed. Upon the filing of the	9999
protest, the election officials with whom it is filed shall	10000
promptly establish a time and place for hearing the protest and	10001
shall mail notice of the time and place for the hearing to the	10002
applicant for, or the holder of, the liquor permit who is	10003
specified in the petition and to the elector who filed the	10004
protest. At the time and place established in the notice, the	10005
election officials shall hear the protest and determine the	10006
validity of the petition.	10007

Sec. 4301.334.  (A) The privilege of local option conferred	10008
by section 4301.324 of the Revised Code may be exercised if, not	10009
later than four p.m. of the seventy-fifth day before the day of a	10010
general or primary election, a petition and other information	10011
required by division (B) of this section are presented to the	10012
board of elections of the county in which the community facility	10013
named in the petition is located. The petition shall be signed by	10014
electors of the municipal corporation or unincorporated area of	10015
the township in which the community facility is located equal in	10016
number to at least ten per cent of the total number of votes cast	10017
in the municipal corporation or unincorporated area of the	10018
township in which the community facility is located for the office	10019
of governor at the most recent general election for that office	10020
and shall contain both of the following:	10021

(1) A notice that the petition is for the submission of the	10022
question set forth in section 4301.356 of the Revised Code;	10023

(2) The name and address of the community facility for which	10024
the local option election is sought and, if the community facility	10025
is a community entertainment district, the boundaries of the	10026
district.	10027

(B) Upon the request of a petitioner, a board of elections of	10028
a county shall furnish to the petitioner a copy of the	10029
instructions prepared by the secretary of state under division (P)	10030
of section 3501.05 of the Revised Code and, within fifteen days	10031
after the request, a certificate indicating the number of valid	10032
signatures that will be required on a petition to hold an election	10033
in the municipal corporation or unincorporated area of the	10034
township in which the community facility is located on the	10035
question specified in section 4301.356 of the Revised Code.	10036

The petitioner shall, not less than thirty days before the	10037
petition-filing deadline for an election on the question specified	10038
in section 4301.356 of the Revised Code, specify to the division	10039
of liquor control the name and address of the community facility	10040
for which the election is sought and, if the community facility is	10041
a community entertainment district, the boundaries of the	10042
district, the municipal corporation or unincorporated area of a	10043
township in which the election is sought, and the filing deadline.	10044
The division shall, within a reasonable period of time and not	10045
later than ten days before the filing deadline, supply the	10046
petitioner with the name and address of any permit holder for or	10047
within the community facility.	10048

The petitioner shall file the name and address of any permit	10049
holder who would be affected by the election at the time the	10050
petitioner files the petition with the board of elections. Within	10051
five days after receiving the petition, the board shall give	10052
notice by certified mail to any permit holder within the community	10053
facility that it has received the petition. Failure of the	10054
petitioner to supply the name and address of any permit holder for	10055
or within the community facility as furnished to the petitioner by	10056
the division invalidates the petition.	10057

(C) Not later than the sixty-sixthsixty-eighth day before	10058
the day of the next general or primary election, whichever occurs	10059
first, the board shall examine and determine the sufficiency of	10060
the signatures on the petition. If the board finds that the	10061
petition is valid, it shall order the holding of an election in	10062
the municipal corporation or unincorporated area of a township on	10063
the day of the next general or primary election, whichever occurs	10064
first, for the submission of the question set forth in section	10065
4301.356 of the Revised Code.	10066

(D) A petition filed with a board of elections under this	10067
section shall be open to public inspection under rules adopted by	10068
the board.	10069

(E) An elector who is eligible to vote on the question set	10070
forth in section 4301.356 of the Revised Code or any permit holder	10071
for or within the community facility may, not later than four p.m.	10072
of the sixty-fourth day before the day of the election at which	10073
the question will be submitted to the electors, file a written	10074
protest against the local option petition with the board of	10075
elections with which the petition was filed. Upon the filing of	10076
the protest, the board shall promptly fix a time and place for	10077
hearing the protest and shall mail notice of the time and place to	10078
the person who filed the petition and to the person who filed the	10079
protest. At the time and place fixed, the board shall hear the	10080
protest and determine the validity of the petition.	10081

Sec. 4305.14.  (A) The following questions regarding the sale	10082
of beer by holders of C or D permits may be presented to the	10083
qualified electors of an election precinct:	10084

(1) "Shall the sale of beer as defined in section 4305.08 of	10085
the Revised Code under permits which authorize sale for	10086
off-premises consumption only be permitted within this precinct?"	10087

(2) "Shall the sale of beer as defined in section 4305.08 of	10088
the Revised Code under permits which authorize sale for	10089
on-premises consumption only, and under permits which authorize	10090
sale for both on-premises and off-premises consumption, be	10091
permitted in this precinct?"	10092

The exact wording of the question as submitted and form of	10093
ballot as printed shall be determined by the board of elections in	10094
the county wherein the election is held, subject to approval of	10095
the secretary of state.	10096

Upon the request of an elector, a board of elections of a	10097
county that encompasses an election precinct shall furnish to the	10098
elector a copy of the instructions prepared by the secretary of	10099
state under division (P) of section 3501.05 of the Revised Code	10100
and, within fifteen days after the request, with a certificate	10101
indicating the number of valid signatures that will be required on	10102
a petition to hold a special election in that precinct on either	10103
or both of the questions specified in this section.	10104

The board shall provide to a petitioner, at the time the	10105
petitioner takes out a petition, the names of the streets and, if	10106
appropriate, the address numbers of residences and business	10107
establishments within the precinct in which the election is	10108
sought, and a form prescribed by the secretary of state for	10109
notifying affected permit holders of the circulation of a petition	10110
for an election for the submission of one or more of the questions	10111
specified in division (A) of this section. The petitioner shall,	10112
not less than forty-five days before the petition-filing deadline	10113
for an election provided for in this section, file with the	10114
division of liquor control the information regarding names of	10115
streets and, if appropriate, address numbers of residences and	10116
business establishments provided by the board of elections, and	10117
specify to the division the precinct that is concerned or that	10118
would be affected by the results of the election and the filing	10119
deadline. The division shall, within a reasonable period of time	10120
and not later than fifteen days before the filing deadline, supply	10121
the petitioner with a list of the names and addresses of permit	10122
holders who would be affected by the election. The list shall	10123
contain a heading with the following words: "liquor permit holders	10124
who would be affected by the question(s) set forth on a petition	10125
for a local option election."	10126

Within five days after receiving from the division the list	10127
of liquor permit holders who would be affected by the question or	10128
questions set forth on a petition for local option election, the	10129
petitioner shall, using the form provided by the board of	10130
elections, notify by certified mail each permit holder whose name	10131
appears on that list. The form for notifying affected permit	10132
holders shall require the petitioner to state the petitioner's	10133
name and street address and shall contain a statement that a	10134
petition is being circulated for an election for the submission of	10135
the question or questions specified in division (B) of this	10136
section. The form shall require the petitioner to state the	10137
question or questions to be submitted as they appear on the	10138
petition.	10139

The petitioner shall attach a copy of the list provided by	10140
the division to each petition paper. A part petition paper	10141
circulated at any time without the list of affected permit holders	10142
attached to it is invalid.	10143

At the time of filing the petition with the board of	10144
elections, the petitioner shall provide to the board of elections	10145
the list supplied by the division and an affidavit certifying that	10146
the petitioner notified all affected permit holders on the list in	10147
the manner and within the time required in this section and that,	10148
at the time each signer of the petition signed the petition, the	10149
petition paper contained a copy of the list of affected permit	10150
holders.	10151

Within five days after receiving a petition calling for an	10152
election for the submission of the question or questions set forth	10153
in this section, the board of elections shall give notice by	10154
certified mail that it has received the petition to all liquor	10155
permit holders whose names appear on the list of affected permit	10156
holders filed by the petitioner. Failure of the petitioner to	10157
supply the affidavit required by this section and a complete and	10158
accurate list of liquor permit holders invalidates the entire	10159
petition. The board of elections shall provide to a permit holder	10160
who would be affected by a proposed local option election, on the	10161
permit holder's request, the names of the streets, and, if	10162
appropriate, the address numbers of residences and business	10163
establishments within the precinct in which the election is sought	10164
and that would be affected by the results of the election. The	10165
board may charge a reasonable fee for this information when	10166
provided to the petitioner and the permit holder.	10167

Upon presentation not later than four p.m. of the	10168
seventy-fifth day before the day of a general or primary election,	10169
of a petition to the board of elections of the county wherein such	10170
election is sought to be held, requesting the holding of such	10171
election on either or both of the questions specified in this	10172
section, signed by qualified electors of the precinct concerned	10173
equal in number to thirty-five per cent of the total number of	10174
votes cast in the precinct concerned for the office of governor at	10175
the preceding general election for that office, such board shall	10176
submit the question or questions specified in the petition to the	10177
electors of the precinct concerned, on the day of the next general	10178
or primary election, whichever occurs first.	10179

(B) The board shall proceed as follows:

10180

(1) Such board shall, upon the filing of a petition under	10181
this section, but not later than the sixty-sixthsixty-eighth day	10182
before the day of the election for which the question or questions	10183
on the petition would qualify for submission to the electors of	10184
the precinct, examine and determine the sufficiency of the	10185
signatures and review, examine, and determine the validity of such	10186
petition and, in case of overlapping precinct petitions presented	10187
within that period, determine which of the petitions shall govern	10188
the further proceedings of the board. In the case where the board	10189
determines that two or more overlapping petitions are valid, the	10190
earlier petition shall govern. The board shall certify the	10191
sufficiency of signatures contained in the petition as of the time	10192
of filing and the validity of the petition as of the time of	10193
certification as described in division (C)(1) of this section if	10194
the board finds the petition to be both sufficient and valid.	10195

(2) If the petition contains sufficient signatures and is	10196
valid, and, in case of overlapping precinct petitions, after the	10197
board has determined the governing petition, the board shall order	10198
the holding of a special election in the precinct for the	10199
submission of the question or questions specified in the petition,	10200
on the day of the next general or primary election, whichever	10201
occurs first.	10202

(3) All petitions filed with a board of elections under this	10203
section shall be open to public inspection under rules adopted by	10204
the board.	10205

(C) Protest against a local option petition may be filed by	10206
any qualified elector eligible to vote on the question or	10207
questions specified in the petition or by a permit holder in the	10208
precinct as described in the petition, not later than four p.m. of	10209
the sixty-fourth day before the day of such general or primary	10210
election for which the petition qualified. Such protest shall be	10211
in writing and shall be filed with the election officials with	10212
whom the petition was filed. Upon filing of such protest the	10213
election officials with whom it is filed shall promptly fix the	10214
time for hearing it, and shall forthwith mail notice of the filing	10215
of the protest and the time for hearing it to the person who filed	10216
the petition which is protested and to the person who filed the	10217
protest. At the time and place fixed, the election officials shall	10218
hear the protest and determine the validity of the petition.	10219

(D) If a majority of the electors voting on the question in	10220
the precinct vote "yes" on question (1) or (2) as set forth in	10221
division (A) of this section, the sale of beer as specified in	10222
that question shall be permitted in the precinct and no subsequent	10223
election shall be held in the precinct under this section on the	10224
same question for a period of at least four years from the date of	10225
the most recent election.	10226

If a majority of the electors voting on the question in the	10227
precinct vote "no" on question (1) or (2) as set forth in division	10228
(A) of this section, no C or D permit holder shall sell beer as	10229
specified in that question within the precinct during the period	10230
the election is in effect and no subsequent election shall be held	10231
in the precinct under this section on the same question for a	10232
period of at least four years from the date of the most recent	10233
election.	10234

Sec. 4504.021.  The question of repeal of a county permissive	10235
tax adopted as an emergency measure pursuant to section 4504.02,	10236
4504.15, or 4504.16 of the Revised Code may be initiated by filing	10237
with the board of elections of the county not less than	10238
seventy-five days before the general election in any year a	10239
petition requesting that an election be held on such question.	10240
Such petition shall be signed by qualified electors residing in	10241
the county equal in number to ten per cent of those voting for	10242
governor at the most recent gubernatorial election.	10243

After determination by it that such petition is valid, the	10244
board of elections shall submit the question to the electors of	10245
the county at the next general election. The election shall be	10246
conducted, canvassed, and certified in the same manner as regular	10247
elections for county offices in the county. Notice of the election	10248
shall be published in a newspaper of general circulation in the	10249
district once a week for fourtwo consecutive weeks prior to the	10250
election, stating the purpose, the time, and the place of the	10251
election. The form of the ballot cast at such election shall be	10252
prescribed by the secretary of state. The question covered by such	10253
petition shall be submitted as a separate proposition, but it may	10254
be printed on the same ballot with any other proposition submitted	10255
at the same election other than the election of officers. If a	10256
majority of the qualified electors voting on the question of	10257
repeal approve the repeal, the result of the election shall be	10258
certified immediately after the canvass by the board of elections	10259
to the county commissioners, who shall thereupon, after the	10260
current year, cease to levy the tax.	10261

Sec. 5705.191.  The taxing authority of any subdivision,	10262
other than the board of education of a school district or the	10263
taxing authority of a county school financing district, by a vote	10264
of two-thirds of all its members, may declare by resolution that	10265
the amount of taxes that may be raised within the ten-mill	10266
limitation by levies on the current tax duplicate will be	10267
insufficient to provide an adequate amount for the necessary	10268
requirements of the subdivision, and that it is necessary to levy	10269
a tax in excess of such limitation for any of the purposes in	10270
section 5705.19 of the Revised Code, or to supplement the general	10271
fund for the purpose of making appropriations for one or more of	10272
the following purposes: public assistance, human or social	10273
services, relief, welfare, hospitalization, health, and support of	10274
general hospitals, and that the question of such additional tax	10275
levy shall be submitted to the electors of the subdivision at a	10276
general, primary, or special election to be held at a time therein	10277
specified. Such resolution shall not include a levy on the current	10278
tax list and duplicate unless such election is to be held at or	10279
prior to the general election day of the current tax year. Such	10280
resolution shall conform to the requirements of section 5705.19 of	10281
the Revised Code, except that a levy to supplement the general	10282
fund for the purposes of public assistance, human or social	10283
services, relief, welfare, hospitalization, health, or the support	10284
of general or tuberculosis hospitals may not be for a longer	10285
period than ten years. All other levies under this section may not	10286
be for a longer period than five years unless a longer period is	10287
permitted by section 5705.19 of the Revised Code, and the	10288
resolution shall specify the date of holding such election, which	10289
shall not be earlier than seventy-five days after the adoption and	10290
certification of such resolution. The resolution shall go into	10291
immediate effect upon its passage and no publication of the same	10292
is necessary other than that provided for in the notice of	10293
election. A copy of such resolution, immediately after its	10294
passage, shall be certified to the board of elections of the	10295
proper county or counties in the manner provided by section	10296
5705.25 of the Revised Code, and such section shall govern the	10297
arrangements for the submission of such question and other matters	10298
with respect to such election, to which section 5705.25 of the	10299
Revised Code refers, excepting that such election shall be held on	10300
the date specified in the resolution, which shall be consistent	10301
with the requirements of section 3501.01 of the Revised Code,	10302
provided that only one special election for the submission of such	10303
question may be held in any one calendar year and provided that a	10304
special election may be held upon the same day a primary election	10305
is held. Publication of notice of such election shall be made in	10306
one or more newspapers of general circulation in the county once a	10307
week for fourtwo consecutive weeks.	10308

If a majority of the electors voting on the question vote in	10309
favor thereof, the taxing authority of the subdivision may make	10310
the necessary levy within such subdivision at the additional rate	10311
or at any lesser rate outside the ten-mill limitation on the tax	10312
list and duplicate for the purpose stated in the resolution. Such	10313
tax levy shall be included in the next annual tax budget that is	10314
certified to the county budget commission.	10315

After the approval of such a levy by the electors, the taxing	10316
authority of the subdivision may anticipate a fraction of the	10317
proceeds of such levy and issue anticipation notes. In the case of	10318
a continuing levy that is not levied for the purpose of current	10319
expenses, notes may be issued at any time after approval of the	10320
levy in an amount not more than fifty per cent of the total	10321
estimated proceeds of the levy for the succeeding ten years, less	10322
an amount equal to the fraction of the proceeds of the levy	10323
previously anticipated by the issuance of anticipation notes. In	10324
the case of a levy for a fixed period that is not for the purpose	10325
of current expenses, notes may be issued at any time after	10326
approval of the levy in an amount not more than fifty per cent of	10327
the total estimated proceeds of the levy throughout the remaining	10328
life of the levy, less an amount equal to the fraction of the	10329
proceeds of the levy previously anticipated by the issuance of	10330
anticipation notes. In the case of a levy for current expenses,	10331
notes may be issued after the approval of the levy by the electors	10332
and prior to the time when the first tax collection from the levy	10333
can be made. Such notes may be issued in an amount not more than	10334
fifty per cent of the total estimated proceeds of the levy	10335
throughout the term of the levy in the case of a levy for a fixed	10336
period, or fifty per cent of the total estimated proceeds for the	10337
first ten years of the levy in the case of a continuing levy.	10338

No anticipation notes that increase the net indebtedness of a	10339
county may be issued without the prior consent of the board of	10340
county commissioners of that county. The notes shall be issued as	10341
provided in section 133.24 of the Revised Code, shall have	10342
principal payments during each year after the year of their	10343
issuance over a period not exceeding the life of the levy	10344
anticipated, and may have a principal payment in the year of their	10345
issuance.	10346

"Taxing authority" and "subdivision" have the same meanings	10347
as in section 5705.01 of the Revised Code.	10348

This section is supplemental to and not in derogation of	10349
sections 5705.20, 5705.21, and 5705.22 of the Revised Code.	10350

Sec. 5705.194.  The board of education of any city, local,	10351
exempted village, cooperative education, or joint vocational	10352
school district at any time may declare by resolution that the	10353
revenue that will be raised by all tax levies which the district	10354
is authorized to impose, when combined with state and federal	10355
revenues, will be insufficient to provide for the emergency	10356
requirements of the school district or to avoid an operating	10357
deficit, and that it is therefore necessary to levy an additional	10358
tax in excess of the ten-mill limitation. The resolution shall be	10359
confined to a single purpose and shall specify that purpose. If	10360
the levy is proposed to renew all or a portion of the proceeds	10361
derived from one or more existing levies imposed pursuant to this	10362
section, it shall be called a renewal levy and shall be so	10363
designated on the ballot. If two or more existing levies are to be	10364
included in a single renewal levy but are not scheduled to expire	10365
in the same year, the resolution shall specify that the existing	10366
levies to be renewed shall not be levied after the year preceding	10367
the year in which the renewal levy is first imposed.	10368
Notwithstanding the original purpose of any one or more existing	10369
levies that are to be in any single renewal levy, the purpose of	10370
the renewal levy may be either to avoid an operating deficit or to	10371
provide for the emergency requirements of the school district. The	10372
resolution shall further specify the amount of money it is	10373
necessary to raise for the specified purpose for each calendar	10374
year the millage is to be imposed; if a renewal levy, whether the	10375
levy is to renew all, or a portion of, the proceeds derived from	10376
one or more existing levies; and the number of years in which the	10377
millage is to be in effect, which may include a levy upon the	10378
current year's tax list. The number of years may be any number not	10379
exceeding five.	10380

The question shall be submitted at a special election on a	10381
date specified in the resolution. The date shall not be earlier	10382
than eighty days after the adoption and certification of the	10383
resolution to the county auditor and shall be consistent with the	10384
requirements of section 3501.01 of the Revised Code. A resolution	10385
for a renewal levy shall not be placed on the ballot unless the	10386
question is submitted on a date on which a special election may be	10387
held under division (D) of section 3501.01 of the Revised Code,	10388
except for the first Tuesday after the first Monday in February	10389
and August, during the last year the levy to be renewed may be	10390
extended on the real and public utility property tax list and	10391
duplicate, or at any election held in the ensuing year, except	10392
that if the resolution proposes renewing two or more existing	10393
levies, the question shall be submitted on the date of the general	10394
or primary election held during the last year at least one of the	10395
levies to be renewed may be extended on that list and duplicate,	10396
or at any election held during the ensuing year. For purposes of	10397
this section, a levy shall be considered to be an "existing levy"	10398
through the year following the last year it can be placed on the	10399
real and public utility property tax list and duplicate.	10400

The submission of questions to the electors under this	10401
section is subject to the limitation on the number of election	10402
dates established by section 5705.214 of the Revised Code.	10403

The resolution shall go into immediate effect upon its	10404
passage, and no publication of the resolution shall be necessary	10405
other than that provided for in the notice of election. A copy of	10406
the resolution shall immediately after its passing be certified to	10407
the county auditor of the proper county. Section 5705.195 of the	10408
Revised Code shall govern the arrangements for the submission of	10409
questions to the electors under this section and other matters	10410
concerning the election. Publication of notice of the election	10411
shall be made in one or more newspapers of general circulation in	10412
the county once a week for threetwo consecutive weeks. If a	10413
majority of the electors voting on the question submitted in an	10414
election vote in favor of the levy, the board of education of the	10415
school district may make the additional levy necessary to raise	10416
the amount specified in the resolution for the purpose stated in	10417
the resolution. The tax levy shall be included in the next tax	10418
budget that is certified to the county budget commission.	10419

After the approval of the levy and prior to the time when the	10420
first tax collection from the levy can be made, the board of	10421
education may anticipate a fraction of the proceeds of the levy	10422
and issue anticipation notes in an amount not exceeding the total	10423
estimated proceeds of the levy to be collected during the first	10424
year of the levy.	10425

The notes shall be issued as provided in section 133.24 of	10426
the Revised Code, shall have principal payments during each year	10427
after the year of their issuance over a period not to exceed five	10428
years, and may have principal payment in the year of their	10429
issuance.	10430

Sec. 5705.196.  The election provided for in section 5705.194	10431
of the Revised Code shall be held at the regular places for voting	10432
in the district, and shall be conducted, canvassed, and certified	10433
in the same manner as regular elections in the district for the	10434
election of county officers, provided that in any such election in	10435
which only part of the electors of a precinct are qualified to	10436
vote, the board of elections may assign voters in such part to an	10437
adjoining precinct. Such an assignment may be made to an adjoining	10438
precinct in another county with the consent and approval of the	10439
board of elections of such other county. Notice of the election	10440
shall be published in one or more newspapers of general	10441
circulation in the district once a week for threetwo consecutive	10442
weeks prior to the election. Such notice shall state the annual	10443
proceeds of the proposed levy, the purpose for which such proceeds	10444
are to be used, the number of years during which the levy shall	10445
run, and the estimated average additional tax rate expressed in	10446
dollars and cents for each one hundred dollars of valuation as	10447
well as in mills for each one dollar of valuation, outside the	10448
limitation imposed by Section 2 of Article XII, Ohio Constitution,	10449
as certified by the county auditor.	10450

Sec. 5705.21.  (A) At any time, the board of education of any	10451
city, local, exempted village, cooperative education, or joint	10452
vocational school district, by a vote of two-thirds of all its	10453
members, may declare by resolution that the amount of taxes which	10454
may be raised within the ten-mill limitation by levies on the	10455
current tax duplicate will be insufficient to provide an adequate	10456
amount for the necessary requirements of the school district, that	10457
it is necessary to levy a tax in excess of such limitation for one	10458
of the purposes specified in division (A), (D), (F), (H), or (DD)	10459
of section 5705.19 of the Revised Code, for general permanent	10460
improvements, for the purpose of operating a cultural center, or	10461
for the purpose of providing education technology, and that the	10462
question of such additional tax levy shall be submitted to the	10463
electors of the school district at a special election on a day to	10464
be specified in the resolution.	10465

As used in this section, "cultural center" means a	10466
freestanding building, separate from a public school building,	10467
that is open to the public for educational, musical, artistic, and	10468
cultural purposes; "education technology" means, but is not	10469
limited to, computer hardware, equipment, materials, and	10470
accessories, equipment used for two-way audio or video, and	10471
software; and "general permanent improvements" means permanent	10472
improvements without regard to the limitation of division (F) of	10473
section 5705.19 of the Revised Code that the improvements be a	10474
specific improvement or a class of improvements that may be	10475
included in a single bond issue.	10476

The submission of questions to the electors under this	10477
section is subject to the limitation on the number of election	10478
dates established by section 5705.214 of the Revised Code.	10479

(B) Such resolution shall be confined to a single purpose and	10480
shall specify the amount of the increase in rate that it is	10481
necessary to levy, the purpose of the levy, and the number of	10482
years during which the increase in rate shall be in effect. The	10483
number of years may be any number not exceeding five or, if the	10484
levy is for current expenses of the district or for general	10485
permanent improvements, for a continuing period of time. The	10486
resolution shall specify the date of holding such election, which	10487
shall not be earlier than seventy-five days after the adoption and	10488
certification of the resolution and which shall be consistent with	10489
the requirements of section 3501.01 of the Revised Code.	10490

The resolution may propose to renew one or more existing	10491
levies imposed under this section or to increase or decrease a	10492
single levy imposed under this section. If the board of education	10493
imposes one or more existing levies for the purpose specified in	10494
division (F) of section 5705.19 of the Revised Code, the	10495
resolution may propose to renew one or more of those existing	10496
levies, or to increase or decrease a single such existing levy,	10497
for the purpose of general permanent improvements. If the	10498
resolution proposes to renew two or more existing levies, the	10499
levies shall be levied for the same purpose. The resolution shall	10500
identify those levies and the rates at which they are levied. The	10501
resolution also shall specify that the existing levies shall not	10502
be extended on the tax lists after the year preceding the year in	10503
which the renewal levy is first imposed, regardless of the years	10504
for which those levies originally were authorized to be levied.	10505

The resolution shall go into immediate effect upon its	10506
passage, and no publication of the resolution shall be necessary	10507
other than that provided for in the notice of election. A copy of	10508
the resolution shall immediately after its passing be certified to	10509
the board of elections of the proper county in the manner provided	10510
by section 5705.25 of the Revised Code, and that section shall	10511
govern the arrangements for the submission of such question and	10512
other matters concerning such election, to which that section	10513
refers, except that such election shall be held on the date	10514
specified in the resolution. Publication of notice of such	10515
election shall be made in one or more newspapers of general	10516
circulation in the county once a week for fourtwo consecutive	10517
weeks. If a majority of the electors voting on the question so	10518
submitted in an election vote in favor of the levy, the board of	10519
education may make the necessary levy within the school district	10520
at the additional rate, or at any lesser rate in excess of the	10521
ten-mill limitation on the tax list, for the purpose stated in the	10522
resolution. A levy for a continuing period of time may be reduced	10523
pursuant to section 5705.261 of the Revised Code. The tax levy	10524
shall be included in the next tax budget that is certified to the	10525
county budget commission.	10526

(C)(1) After the approval of a levy on the current tax list	10527
and duplicate for current expenses, for recreational purposes, for	10528
community centers provided for in section 755.16 of the Revised	10529
Code, or for a public library of the district and prior to the	10530
time when the first tax collection from the levy can be made, the	10531
board of education may anticipate a fraction of the proceeds of	10532
the levy and issue anticipation notes in a principal amount not	10533
exceeding fifty per cent of the total estimated proceeds of the	10534
levy to be collected during the first year of the levy.	10535

(2) After the approval of a levy for general permanent	10536
improvements for a specified number of years, or for permanent	10537
improvements having the purpose specified in division (F) of	10538
section 5705.19 of the Revised Code, the board of education may	10539
anticipate a fraction of the proceeds of the levy and issue	10540
anticipation notes in a principal amount not exceeding fifty per	10541
cent of the total estimated proceeds of the levy remaining to be	10542
collected in each year over a period of five years after the	10543
issuance of the notes.	10544

The notes shall be issued as provided in section 133.24 of	10545
the Revised Code, shall have principal payments during each year	10546
after the year of their issuance over a period not to exceed five	10547
years, and may have a principal payment in the year of their	10548
issuance.	10549

(3) After approval of a levy for general permanent	10550
improvements for a continuing period of time, the board of	10551
education may anticipate a fraction of the proceeds of the levy	10552
and issue anticipation notes in a principal amount not exceeding	10553
fifty per cent of the total estimated proceeds of the levy to be	10554
collected in each year over a specified period of years, not	10555
exceeding ten, after the issuance of the notes.	10556

The notes shall be issued as provided in section 133.24 of	10557
the Revised Code, shall have principal payments during each year	10558
after the year of their issuance over a period not to exceed ten	10559
years, and may have a principal payment in the year of their	10560
issuance.	10561

Sec. 5705.218.  (A) The board of education of a city, local,	10562
or exempted village school district, at any time by a vote of	10563
two-thirds of all its members, may declare by resolution that it	10564
may be necessary for the school district to issue general	10565
obligation bonds for permanent improvements. The resolution shall	10566
state all of the following:	10567

(1) The necessity and purpose of the bond issue;

10568

(2) The date of the special election at which the question	10569
shall be submitted to the electors;	10570

(3) The amount, approximate date, estimated rate of interest,	10571
and maximum number of years over which the principal of the bonds	10572
may be paid;	10573

(4) The necessity of levying a tax outside the ten-mill	10574
limitation to pay debt charges on the bonds and any anticipatory	10575
securities.	10576

On adoption of the resolution, the board shall certify a copy	10577
of it to the county auditor. The county auditor promptly shall	10578
estimate and certify to the board the average annual property tax	10579
rate required throughout the stated maturity of the bonds to pay	10580
debt charges on the bonds, in the same manner as under division	10581
(C) of section 133.18 of the Revised Code.	10582

(B) After receiving the county auditor's certification under	10583
division (A) of this section, the board of education of the city,	10584
local, or exempted village school district, by a vote of	10585
two-thirds of all its members, may declare by resolution that the	10586
amount of taxes that can be raised within the ten-mill limitation	10587
will be insufficient to provide an adequate amount for the present	10588
and future requirements of the school district; that it is	10589
necessary to issue general obligation bonds of the school district	10590
for permanent improvements and to levy an additional tax in excess	10591
of the ten-mill limitation to pay debt charges on the bonds and	10592
any anticipatory securities; that it is necessary for a specified	10593
number of years or for a continuing period of time to levy	10594
additional taxes in excess of the ten-mill limitation to provide	10595
funds for the acquisition, construction, enlargement, renovation,	10596
and financing of permanent improvements or to pay for current	10597
operating expenses, or both; and that the question of the bonds	10598
and taxes shall be submitted to the electors of the school	10599
district at a special election, which shall not be earlier than	10600
seventy-five days after certification of the resolution to the	10601
board of elections, and the date of which shall be consistent with	10602
section 3501.01 of the Revised Code. The resolution shall specify	10603
all of the following:	10604

(1) The county auditor's estimate of the average annual	10605
property tax rate required throughout the stated maturity of the	10606
bonds to pay debt charges on the bonds;	10607

(2) The proposed rate of the tax, if any, for current	10608
operating expenses, the first year the tax will be levied, and the	10609
number of years it will be levied, or that it will be levied for a	10610
continuing period of time;	10611

(3) The proposed rate of the tax, if any, for permanent	10612
improvements, the first year the tax will be levied, and the	10613
number of years it will be levied, or that it will be levied for a	10614
continuing period of time.	10615

The resolution shall apportion the annual rate of the tax	10616
between current operating expenses and permanent improvements, if	10617
both taxes are proposed. The apportionment may but need not be the	10618
same for each year of the tax, but the respective portions of the	10619
rate actually levied each year for current operating expenses and	10620
permanent improvements shall be limited by the apportionment. The	10621
resolution shall go into immediate effect upon its passage, and no	10622
publication of it is necessary other than that provided in the	10623
notice of election. The board of education shall certify a copy of	10624
the resolution, along with copies of the auditor's estimate and	10625
its resolution under division (A) of this section, to the board of	10626
elections immediately after its adoption.	10627

(C) The board of elections shall make the arrangements for	10628
the submission of the question to the electors of the school	10629
district, and the election shall be conducted, canvassed, and	10630
certified in the same manner as regular elections in the district	10631
for the election of county officers. The resolution shall be put	10632
before the electors as one ballot question, with a favorable vote	10633
indicating approval of the bond issue, the levy to pay debt	10634
charges on the bonds and any anticipatory securities, the current	10635
operating expenses levy, and the permanent improvements levy, if	10636
either or both levies are proposed. The board of elections shall	10637
publish notice of the election in one or more newspapers of	10638
general circulation in the school district once a week for four	10639
two consecutive weeks. The notice of election shall state all of	10640
the following:	10641

(1) The principal amount of the proposed bond issue;

10642

(2) The permanent improvements for which the bonds are to be	10643
issued;	10644

(3) The maximum number of years over which the principal of	10645
the bonds may be paid;	10646

(4) The estimated additional average annual property tax rate	10647
to pay the debt charges on the bonds, as certified by the county	10648
auditor;	10649

(5) The proposed rate of the additional tax, if any, for	10650
current operating expenses;	10651

(6) The number of years the current operating expenses tax	10652
will be in effect, or that it will be in effect for a continuing	10653
period of time;	10654

(7) The proposed rate of the additional tax, if any, for	10655
permanent improvements;	10656

(8) The number of years the permanent improvements tax will	10657
be in effect, or that it will be in effect for a continuing period	10658
of time;	10659

(9) The time and place of the special election.

10660

(D) The form of the ballot for an election under this section	10661
is as follows:	10662

"Shall the .......... school district be authorized to do the	10663
following:	10664

(1) Issue bonds for the purpose of .......... in the	10665
principal amount of $......, to be repaid annually over a maximum	10666
period of ...... years, and levy a property tax outside the	10667
ten-mill limitation, estimated by the county auditor to average	10668
over the bond repayment period ...... mills for each one dollar of	10669
tax valuation, which amounts to ...... (rate expressed in cents or	10670
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	10671
tax valuation, to pay the annual debt charges on the bonds, and to	10672
pay debt charges on any notes issued in anticipation of those	10673
bonds?"	10674

If either a levy for permanent improvements or a levy for	10675
current operating expenses is proposed, or both are proposed, the	10676
ballot also shall contain the following language, as appropriate:	10677

"(2) Levy an additional property tax to provide funds for the	10678
acquisition, construction, enlargement, renovation, and financing	10679
of permanent improvements at a rate not exceeding ....... mills	10680
for each one dollar of tax valuation, which amounts to .......	10681
(rate expressed in cents or dollars and cents) for each $100 of	10682
tax valuation, for ...... (number of years of the levy, or a	10683
continuing period of time)?	10684

(3) Levy an additional property tax to pay current operating	10685
expenses at a rate not exceeding ....... mills for each one dollar	10686
of tax valuation, which amounts to ....... (rate expressed in	10687
cents or dollars and cents) for each $100 of tax valuation, for	10688
....... (number of years of the levy, or a continuing period of	10689
time)?	10690

10691

10694

(E) The board of elections promptly shall certify the results	10695
of the election to the tax commissioner and the county auditor of	10696
the county in which the school district is located. If a majority	10697
of the electors voting on the question vote for it, the board of	10698
education may proceed with issuance of the bonds and with the levy	10699
and collection of the property tax or taxes at the additional rate	10700
or any lesser rate in excess of the ten-mill limitation. Any	10701
securities issued by the board of education under this section are	10702
Chapter 133. securities, as that term is defined in section 133.01	10703
of the Revised Code.	10704

(F)(1) After the approval of a tax for current operating	10705
expenses under this section and prior to the time the first	10706
collection and distribution from the levy can be made, the board	10707
of education may anticipate a fraction of the proceeds of such	10708
levy and issue anticipation notes in a principal amount not	10709
exceeding fifty per cent of the total estimated proceeds of the	10710
tax to be collected during the first year of the levy.	10711

(2) After the approval of a tax under this section for	10712
permanent improvements having a specific purpose, the board of	10713
education may anticipate a fraction of the proceeds of such tax	10714
and issue anticipation notes in a principal amount not exceeding	10715
fifty per cent of the total estimated proceeds of the tax	10716
remaining to be collected in each year over a period of five years	10717
after issuance of the notes.	10718

(3) After the approval of a tax for general, on-going	10719
permanent improvements under this section, the board of education	10720
may anticipate a fraction of the proceeds of such tax and issue	10721
anticipation notes in a principal amount not exceeding fifty per	10722
cent of the total estimated proceeds of the tax to be collected in	10723
each year over a specified period of years, not exceeding ten,	10724
after issuance of the notes.	10725

Anticipation notes under this section shall be issued as	10726
provided in section 133.24 of the Revised Code. Notes issued under	10727
division (F)(1) or (2) of this section shall have principal	10728
payments during each year after the year of their issuance over a	10729
period not to exceed five years, and may have a principal payment	10730
in the year of their issuance. Notes issued under division (F)(3)	10731
of this section shall have principal payments during each year	10732
after the year of their issuance over a period not to exceed ten	10733
years, and may have a principal payment in the year of their	10734
issuance.	10735

(G) A tax for current operating expenses or for permanent	10736
improvements levied under this section for a specified number of	10737
years may be renewed or replaced in the same manner as a tax for	10738
current operating expenses or for permanent improvements levied	10739
under section 5705.21 of the Revised Code. A tax for current	10740
operating expenses or for permanent improvements levied under this	10741
section for a continuing period of time may be decreased in	10742
accordance with section 5705.261 of the Revised Code.	10743

(H) The submission of a question to the electors under this	10744
section is subject to the limitation on the number of elections	10745
that can be held in a year under section 5705.214 of the Revised	10746
Code.	10747

(I) A school district board of education proposing a ballot	10748
measure under this section to generate local resources for a	10749
project under the school building assistance expedited local	10750
partnership program under section 3318.36 of the Revised Code may	10751
combine the questions under division (D) of this section with a	10752
question for the levy of a property tax to generate moneys for	10753
maintenance of the classroom facilities acquired under that	10754
project as prescribed in section 3318.361 of the Revised Code.	10755

Sec. 5705.25.  (A) A copy of any resolution adopted as	10756
provided in section 5705.19 of the Revised Code shall be certified	10757
by the taxing authority to the board of elections of the proper	10758
county not less than seventy-five days before the general election	10759
in any year, and the board shall submit the proposal to the	10760
electors of the subdivision at the succeeding November election.	10761
Except as otherwise provided in this division, a resolution to	10762
renew an existing levy, regardless of the section of the Revised	10763
Code under which the tax was imposed, shall not be placed on the	10764
ballot unless the question is submitted at the general election	10765
held during the last year the tax to be renewed or replaced may be	10766
extended on the real and public utility property tax list and	10767
duplicate, or at any election held in the ensuing year. The	10768
limitation of the foregoing sentence does not apply to a	10769
resolution to renew and increase or to renew part of an existing	10770
levy that was imposed under section 5705.191 of the Revised Code	10771
to supplement the general fund for the purpose of making	10772
appropriations for one or more of the following purposes: for	10773
public assistance, human or social services, relief, welfare,	10774
hospitalization, health, and support of general hospitals. The	10775
limitation of the second preceding sentence also does not apply to	10776
a resolution that proposes to renew two or more existing levies	10777
imposed under section 5705.21 of the Revised Code, in which case	10778
the question shall be submitted on the date of the general or	10779
primary election held during the last year at least one of the	10780
levies to be renewed may be extended on the real and public	10781
utility property tax list and duplicate, or at any election held	10782
during the ensuing year. For purposes of this section, a levy	10783
shall be considered to be an "existing levy" through the year	10784
following the last year it can be placed on that tax list and	10785
duplicate.	10786

The board shall make the necessary arrangements for the	10787
submission of such questions to the electors of such subdivision,	10788
and the election shall be conducted, canvassed, and certified in	10789
the same manner as regular elections in such subdivision for the	10790
election of county officers. Notice of the election shall be	10791
published in a newspaper of general circulation in the subdivision	10792
once a week for fourtwo consecutive weeks prior to the election,	10793
stating the purpose, the proposed increase in rate, expressed in	10794
dollars and cents for each one hundred dollars of valuation as	10795
well as in mills for each one dollar of valuation, the number of	10796
years during which the increase will be in effect, the first month	10797
and year in which the tax will be levied, and the time and place	10798
of the election.	10799

(B) The form of the ballots cast at an election held pursuant	10800
to division (A) of this section shall be as follows:	10801

"An additional tax for the benefit of (name of subdivision or	10802
public library) .......... for the purpose of (purpose stated in	10803
the resolution) .......... at a rate not exceeding ...... mills	10804
for each one dollar of valuation, which amounts to (rate expressed	10805
in dollars and cents) ............ for each one hundred dollars of	10806
valuation, for ...... (life of indebtedness or number of years the	10807
levy is to run).	10808

10809

10812

(C) If the levy is to be in effect for a continuing period of	10813
time, the notice of election and the form of ballot shall so state	10814
instead of setting forth a specified number of years for the levy.	10815

If the tax is to be placed on the current tax list, the form	10816
of the ballot shall be modified by adding, after the statement of	10817
the number of years the levy is to run, the phrase ", commencing	10818
in .......... (first year the tax is to be levied), first due in	10819
calendar year .......... (first calendar year in which the tax	10820
shall be due)."	10821

If the levy submitted is a proposal to renew, increase, or	10822
decrease an existing levy, the form of the ballot specified in	10823
division (B) of this section may be changed by substituting for	10824
the words "An additional" at the beginning of the form, the words	10825
"A renewal of a" in case of a proposal to renew an existing levy	10826
in the same amount; the words "A renewal of ........ mills and an	10827
increase of ...... mills to constitute a" in the case of an	10828
increase; or the words "A renewal of part of an existing levy,	10829
being a reduction of ...... mills, to constitute a" in the case of	10830
a decrease in the proposed levy.	10831

If the levy submitted is a proposal to renew two or more	10832
existing levies imposed under section 5705.21 of the Revised Code,	10833
the form of the ballot specified in division (B) of this section	10834
shall be modified by substituting for the words "an additional	10835
tax" the words "a renewal of ....(insert the number of levies to	10836
be renewed) existing taxes."	10837

The question covered by such resolution shall be submitted as	10838
a separate proposition but may be printed on the same ballot with	10839
any other proposition submitted at the same election, other than	10840
the election of officers. More than one such question may be	10841
submitted at the same election.	10842

(D) A levy voted in excess of the ten-mill limitation under	10843
this section shall be certified to the tax commissioner. In the	10844
first year of the levy, it shall be extended on the tax lists	10845
after the February settlement succeeding the election. If the	10846
additional tax is to be placed upon the tax list of the current	10847
year, as specified in the resolution providing for its submission,	10848
the result of the election shall be certified immediately after	10849
the canvass by the board of elections to the taxing authority, who	10850
shall make the necessary levy and certify it to the county	10851
auditor, who shall extend it on the tax lists for collection.	10852
After the first year, the tax levy shall be included in the annual	10853
tax budget that is certified to the county budget commission.	10854

Sec. 5705.251.  (A) A copy of a resolution adopted under	10855
section 5705.212 or 5705.213 of the Revised Code shall be	10856
certified by the board of education to the board of elections of	10857
the proper county not less than seventy-five days before the date	10858
of the election specified in the resolution, and the board of	10859
elections shall submit the proposal to the electors of the school	10860
district at a special election to be held on that date. The board	10861
of elections shall make the necessary arrangements for the	10862
submission of the question or questions to the electors of the	10863
school district, and the election shall be conducted, canvassed,	10864
and certified in the same manner as regular elections in the	10865
school district for the election of county officers. Notice of the	10866
election shall be published in a newspaper of general circulation	10867
in the subdivision once a week for fourtwo consecutive weeks	10868
prior to the election.	10869

(1) In the case of a resolution adopted under section	10870
5705.212 of the Revised Code, the notice shall state separately,	10871
for each tax being proposed, the purpose; the proposed increase in	10872
rate, expressed in dollars and cents for each one hundred dollars	10873
of valuation as well as in mills for each one dollar of valuation;	10874
the number of years during which the increase will be in effect;	10875
and the first calendar year in which the tax will be due. For an	10876
election on the question of a renewal levy, the notice shall state	10877
the purpose; the proposed rate, expressed in dollars and cents for	10878
each one hundred dollars of valuation as well as in mills for each	10879
one dollar of valuation; and the number of years the tax will be	10880
in effect.	10881

(2) In the case of a resolution adopted under section	10882
5705.213 of the Revised Code, the notice shall state the purpose;	10883
the amount proposed to be raised by the tax in the first year it	10884
is levied; the estimated average additional tax rate for the first	10885
year it is proposed to be levied, expressed in mills for each one	10886
dollar of valuation and in dollars and cents for each one hundred	10887
dollars of valuation; the number of years during which the	10888
increase will be in effect; and the first calendar year in which	10889
the tax will be due. The notice also shall state the amount by	10890
which the amount to be raised by the tax may be increased in each	10891
year after the first year. The amount of the allowable increase	10892
may be expressed in terms of a dollar increase over, or a	10893
percentage of, the amount raised by the tax in the immediately	10894
preceding year. For an election on the question of a renewal levy,	10895
the notice shall state the purpose; the amount proposed to be	10896
raised by the tax; the estimated tax rate, expressed in mills for	10897
each one dollar of valuation and in dollars and cents for each one	10898
hundred dollars of valuation; and the number of years the tax will	10899
be in effect.	10900

In any case, the notice also shall state the time and place	10901
of the election.	10902

(B) The form of the ballot in an election on taxes proposed	10903
under section 5705.212 of the Revised Code shall be as follows:	10904

"Shall the .......... school district be authorized to levy	10905
taxes for current expenses, the aggregate rate of which may	10906
increase in ...... (number) increment(s) of not more than ......	10907
mill(s) for each dollar of valuation, from an original rate of	10908
...... mill(s) for each dollar of valuation, which amounts to	10909
...... (rate expressed in dollars and cents) for each one hundred	10910
dollars of valuation, to a maximum rate of ...... mill(s) for each	10911
dollar of valuation, which amounts to ...... (rate expressed in	10912
dollars and cents) for each one hundred dollars of valuation? The	10913
original tax is first proposed to be levied in ...... (the first	10914
year of the tax), and the incremental tax in ...... (the first	10915
year of the increment) (if more than one incremental tax is	10916
proposed in the resolution, the first year that each incremental	10917
tax is proposed to be levied shall be stated in the preceding	10918
format, and the increments shall be referred to as the first,	10919
second, third, or fourth increment, depending on their number).	10920
The aggregate rate of tax so authorized will .......... (insert	10921
either, "expire with the original rate of tax which shall be in	10922
effect for ...... years" or "be in effect for a continuing period	10923
of time").	10924

10925

10928

The form of the ballot in an election on the question of a	10929
renewal levy under section 5705.212 of the Revised Code shall be	10930
as follows:	10931

"Shall the ......... school district be authorized to renew a	10932
tax for current expenses at a rate not exceeding ......... mills	10933
for each dollar of valuation, which amounts to ......... (rate	10934
expressed in dollars and cents) for each one hundred dollars of	10935
valuation, for .......... (number of years the levy shall be in	10936
effect, or a continuing period of time)?	10937

10938

10941

If the tax is to be placed on the current tax list, the form	10942
of the ballot shall be modified by adding, after the statement of	10943
the number of years the levy is to be in effect, the phrase ",	10944
commencing in .......... (first year the tax is to be levied),	10945
first due in calendar year .......... (first calendar year in	10946
which the tax shall be due)."	10947

(C) The form of the ballot in an election on a tax proposed	10948
under section 5705.213 of the Revised Code shall be as follows:	10949

"Shall the ........ school district be authorized to levy the	10950
following tax for current expenses? The tax will first be levied	10951
in ...... (year) to raise ...... (dollars). In the ...... (number	10952
of years) following years, the tax will increase by not more than	10953
...... (per cent or dollar amount of increase) each year, so that,	10954
during ...... (last year of the tax), the tax will raise	10955
approximately ...... (dollars). The county auditor estimates that	10956
the rate of the tax per dollar of valuation will be ......	10957
mill(s), which amounts to $..... per one hundred dollars of	10958
valuation, both during ...... (first year of the tax) and ......	10959
mill(s), which amounts to $...... per one hundred dollars of	10960
valuation, during ...... (last year of the tax). The tax will not	10961
be levied after ...... (year).	10962

10963

10966

The form of the ballot in an election on the question of a	10967
renewal levy under section 5705.213 of the Revised Code shall be	10968
as follows:	10969

"Shall the ......... school district be authorized to renew a	10970
tax for current expenses which will raise ......... (dollars),	10971
estimated by the county auditor to be ......... mills for each	10972
dollar of valuation, which amounts to ......... (rate expressed in	10973
dollars and cents) for each one hundred dollars of valuation? The	10974
tax shall be in effect for ......... (the number of years the levy	10975
shall be in effect, or a continuing period of time).	10976

10977

10980

If the tax is to be placed on the current tax list, the form	10981
of the ballot shall be modified by adding, after the statement of	10982
the number of years the levy is to be in effect, the phrase ",	10983
commencing in .......... (first year the tax is to be levied),	10984
first due in calendar year .......... (first calendar year in	10985
which the tax shall be due)."	10986

(D) The question covered by a resolution adopted under	10987
section 5705.212 or 5705.213 of the Revised Code shall be	10988
submitted as a separate question, but may be printed on the same	10989
ballot with any other question submitted at the same election,	10990
other than the election of officers. More than one question may be	10991
submitted at the same election.	10992

(E) Taxes voted in excess of the ten-mill limitation under	10993
division (B) or (C) of this section shall be certified to the tax	10994
commissioner. If an additional tax is to be placed upon the tax	10995
list of the current year, as specified in the resolution providing	10996
for its submission, the result of the election shall be certified	10997
immediately after the canvass by the board of elections to the	10998
board of education. The board of education immediately shall make	10999
the necessary levy and certify it to the county auditor, who shall	11000
extend it on the tax list for collection. After the first year,	11001
the levy shall be included in the annual tax budget that is	11002
certified to the county budget commission.	11003

Sec. 5705.261.  The question of decrease of an increased rate	11004
of levy approved for a continuing period of time by the voters of	11005
a subdivision may be initiated by the filing of a petition with	11006
the board of elections of the proper county not less than	11007
seventy-five days before the general election in any year	11008
requesting that an election be held on such question. Such	11009
petition shall state the amount of the proposed decrease in the	11010
rate of levy and shall be signed by qualified electors residing in	11011
the subdivision equal in number to at least ten per cent of the	11012
total number of votes cast in the subdivision for the office of	11013
governor at the most recent general election for that office. Only	11014
one such petition may be filed during each five-year period	11015
following the election at which the voters approved the increased	11016
rate for a continuing period of time.	11017

After determination by it that such petition is valid, the	11018
board of elections shall submit the question to the electors of	11019
the district at the succeeding general election. The election	11020
shall be conducted, canvassed, and certified in the same manner as	11021
regular elections in such subdivision for county offices. Notice	11022
of the election shall be published in a newspaper of general	11023
circulation in the district once a week for fourtwo consecutive	11024
weeks prior to the election, stating the purpose, the amount of	11025
the proposed decrease in rate and the time and place of the	11026
election. The form of the ballot cast at such election shall be	11027
prescribed by the secretary of state. The question covered by such	11028
petition shall be submitted as a separate proposition but it may	11029
be printed on the same ballot with any other propositions	11030
submitted at the same election other than the election of	11031
officers. If a majority of the qualified electors voting on the	11032
question of a decrease at such election approve the proposed	11033
decrease in rate, the result of the election shall be certified	11034
immediately after the canvass by the board of elections to the	11035
subdivision's taxing authority, which shall thereupon, after the	11036
current year, cease to levy such increased rate or levy such tax	11037
at such reduced rate upon the duplicate of the subdivision. If	11038
notes have been issued in anticipation of the collection of such	11039
levy, the taxing authority shall continue to levy and collect	11040
under authority of the election authorizing the original levy such	11041
amounts as will be sufficient to pay the principal of and interest	11042
on such anticipation notes as the same fall due.	11043

Sec. 5705.71.  (A) The electors of a county may initiate the	11044
question of a tax levy for support of senior citizens services or	11045
facilities by the filing of a petition with the board of elections	11046
of that county not less than seventy-five days before the date of	11047
any primary or general election requesting that an election be	11048
held on such question. The petition shall be signed by at least	11049
ten per cent of the qualified electors residing in the county and	11050
voting for the office of governor at the last general election.	11051

(B) The petition shall state the purpose for which the senior	11052
citizens tax levy is being proposed, shall specify the amount of	11053
the proposed increase in rate, the period of time during which the	11054
increase is to be in effect, and whether the levy is to be imposed	11055
in the current year. The number of years may be any number not	11056
exceeding five, except that when the additional rate is for the	11057
payment of debt charges the increased rate shall be for the life	11058
of the indebtedness.	11059

(C) After determination by it that such petition is valid,	11060
the board of elections shall submit the question to the electors	11061
of the county at the succeeding primary or general election.	11062

(D) The election shall be conducted, canvassed, and certified	11063
in the same manner as regular elections in such county for county	11064
offices. Notice of the election shall be published in a newspaper	11065
of general circulation in the county once a week for fourtwo	11066
consecutive weeks prior to the election, stating the purpose, the	11067
amount of the proposed increase in rate, and the time and place of	11068
the election.	11069

(E) The form of the ballot cast at such election shall be	11070
prescribed by the secretary of state. If the tax is to be placed	11071
on the tax list of the current tax year, the form of the ballot	11072
shall include a statement to that effect and shall indicate the	11073
first calendar year the tax will be due. The question covered by	11074
such petition shall be submitted as a separate proposition but it	11075
may be printed on the same ballot with any other propositions	11076
submitted at the same election other than the election of	11077
officers.	11078

(F) If a majority of electors voting on the question vote in	11079
favor of the levy, the board of county commissioners shall levy a	11080
tax, for the period and the purpose stated within the petition. If	11081
the tax is to be placed upon the tax list of the current year, as	11082
specified in the petition, the result of the election shall be	11083
certified immediately after the canvass by the board of elections	11084
to the board of county commissioners, which shall forthwith make	11085
the necessary levy and certify it to the county auditor, who shall	11086
extend it on the tax list for collection. After the first year,	11087
the tax levy shall be included in the annual tax budget that is	11088
certified to the county budget commission.	11089

Sec. 5739.022.  (A) The question of repeal of either a county	11090
permissive tax or an increase in the rate of a county permissive	11091
tax that was adopted as an emergency measure pursuant to section	11092
5739.021 or 5739.026 of the Revised Code may be initiated by	11093
filing with the board of elections of the county not less than	11094
seventy-five days before the general election in any year a	11095
petition requesting that an election be held on the question. The	11096
question of repealing an increase in the rate of the county	11097
permissive tax shall be submitted to the electors as a separate	11098
question from the repeal of the tax in effect prior to the	11099
increase in the rate. Any petition filed under this section shall	11100
be signed by qualified electors residing in the county equal in	11101
number to ten per cent of those voting for governor at the most	11102
recent gubernatorial election.	11103

After determination by it that the petition is valid, the	11104
board of elections shall submit the question to the electors of	11105
the county at the next general election. The election shall be	11106
conducted, canvassed, and certified in the same manner as regular	11107
elections for county offices in the county. The board of elections	11108
shall notify the tax commissioner, in writing, of the election	11109
upon determining that the petition is valid. Notice of the	11110
election shall also be published in a newspaper of general	11111
circulation in the district once a week for fourtwo consecutive	11112
weeks prior to the election, stating the purpose, the time, and	11113
the place of the election. The form of the ballot cast at the	11114
election shall be prescribed by the secretary of state; however,	11115
the ballot question shall read, "shall the tax (or, increase in	11116
the rate of the tax) be retained?	11117

11118

11121

The question covered by the petition shall be submitted as a	11122
separate proposition, but it may be printed on the same ballot	11123
with any other proposition submitted at the same election other	11124
than the election of officers.	11125

(B) If a majority of the qualified electors voting on the	11126
question of repeal of either a county permissive tax or an	11127
increase in the rate of a county permissive tax approve the	11128
repeal, the board of elections shall notify the board of county	11129
commissioners and the tax commissioner of the result of the	11130
election immediately after the result has been declared. The board	11131
of county commissioners shall, on the first day of the calendar	11132
quarter following the expiration of sixty-five days after the date	11133
the board and the tax commissioner receive the notice, in the case	11134
of a repeal of a county permissive tax, cease to levy the tax, or,	11135
in the case of a repeal of an increase in the rate of a county	11136
permissive tax, levy the tax at the rate at which it was imposed	11137
immediately prior to the increase in rate and cease to levy the	11138
increased rate.	11139

(C) Upon receipt from a board of elections of a notice of the	11140
results of an election required by division (B) of this section,	11141
the tax commissioner shall provide notice of a tax repeal or rate	11142
change in a manner that is reasonably accessible to all affected	11143
vendors. The commissioner shall provide this notice at least sixty	11144
days prior to the effective date of the rate change. The	11145
commissioner, by rule, may establish the method by which notice	11146
will be provided.	11147

(D) If a vendor that is registered with the central	11148
electronic registration system provided for in section 5740.05 of	11149
the Revised Code makes a sale in this state by printed catalog and	11150
the consumer computed the tax on the sale based on local rates	11151
published in the catalog, any tax repealed or rate changed under	11152
this section shall not apply to such a sale until the first day of	11153
a calendar quarter following the expiration of one hundred twenty	11154
days from the date of notice by the tax commissioner pursuant to	11155
division (C) of this section.	11156

Sec. 5748.02.  (A) The board of education of any school	11157
district, except a joint vocational school district, may declare,	11158
by resolution, the necessity of raising annually a specified	11159
amount of money for school district purposes. A copy of the	11160
resolution shall be certified to the tax commissioner no later	11161
than eighty-five days prior to the date of the election at which	11162
the board intends to propose a levy under this section. Upon	11163
receipt of the copy of the resolution, the tax commissioner shall	11164
estimate both of the following:	11165

(1) The property tax rate that would have to be imposed in	11166
the current year by the district to produce an equivalent amount	11167
of money;	11168

(2) The income tax rate that would have had to have been in	11169
effect for the current year to produce an equivalent amount of	11170
money from a school district income tax.	11171

Within ten days of receiving the copy of the board's	11172
resolution, the commissioner shall prepare these estimates and	11173
certify them to the board. Upon receipt of the certification, the	11174
board may adopt a resolution proposing an income tax under	11175
division (B) of this section at the estimated rate contained in	11176
the certification rounded to the nearest one-fourth of one per	11177
cent. The commissioner's certification applies only to the board's	11178
proposal to levy an income tax at the election for which the board	11179
requested the certification. If the board intends to submit a	11180
proposal to levy an income tax at any other election, it shall	11181
request another certification for that election in the manner	11182
prescribed in this division.	11183

(B)(1) Upon the receipt of a certification from the tax	11184
commissioner under division (A) of this section, a majority of the	11185
members of a board of education may adopt a resolution proposing	11186
the levy of an annual tax for school district purposes on the	11187
school district income of individuals and of estates. The proposed	11188
levy may be for a continuing period of time or for a specified	11189
number of years. The resolution shall set forth the purpose for	11190
which the tax is to be imposed, the rate of the tax, which shall	11191
be the rate set forth in the commissioner's certification rounded	11192
to the nearest one-fourth of one per cent, the number of years the	11193
tax will be levied or that it will be levied for a continuing	11194
period of time, the date on which the tax shall take effect, which	11195
shall be the first day of January of any year following the year	11196
in which the question is submitted, and the date of the election	11197
at which the proposal shall be submitted to the electors of the	11198
district, which shall be on the date of a primary, general, or	11199
special election the date of which is consistent with section	11200
3501.01 of the Revised Code. If the board of education currently	11201
imposes an income tax pursuant to this chapter that is due to	11202
expire and a question is submitted under this section for a	11203
proposed income tax to take effect upon the expiration of the	11204
existing tax, the board may specify in the resolution that the	11205
proposed tax renews the expiring tax and is not an additional	11206
income tax, provided that the tax rate being proposed is no higher	11207
than the tax rate that is currently imposed.	11208

(2) A board of education adopting a resolution under division	11209
(B)(1) of this section proposing a school district income tax for	11210
a continuing period of time and limited to the purpose of current	11211
expenses may propose in that resolution to reduce the rate or	11212
rates of one or more of the school district's property taxes	11213
levied for a continuing period of time in excess of the ten-mill	11214
limitation for the purpose of current expenses. The reduction in	11215
the rate of a property tax may be any amount, expressed in mills	11216
per one dollar in valuation, not exceeding the rate at which the	11217
tax is authorized to be levied. The reduction in the rate of a tax	11218
shall first take effect for the tax year that includes the day on	11219
which the school district income tax first takes effect, and shall	11220
continue for each tax year that both the school district income	11221
tax and the property tax levy are in effect.	11222

In addition to the matters required to be set forth in the	11223
resolution under division (B)(1) of this section, a resolution	11224
containing a proposal to reduce the rate of one or more property	11225
taxes shall state for each such tax the maximum rate at which it	11226
currently may be levied and the maximum rate at which the tax	11227
could be levied after the proposed reduction, expressed in mills	11228
per one dollar in valuation, and that the tax is levied for a	11229
continuing period of time.	11230

If a board of education proposes to reduce the rate of one or	11231
more property taxes under division (B)(2) of this section, the	11232
board, when it makes the certification required under division (A)	11233
of this section, shall designate the specific levy or levies to be	11234
reduced, the maximum rate at which each levy currently is	11235
authorized to be levied, and the rate by which each levy is	11236
proposed to be reduced. The tax commissioner, when making the	11237
certification to the board under division (A) of this section,	11238
also shall certify the reduction in the total effective tax rate	11239
for current expenses for each class of property that would have	11240
resulted if the proposed reduction in the rate or rates had been	11241
in effect the previous tax year. As used in this paragraph,	11242
"effective tax rate" has the same meaning as in section 323.08 of	11243
the Revised Code.	11244

(C) A resolution adopted under division (B) of this section	11245
shall go into immediate effect upon its passage, and no	11246
publication of the resolution shall be necessary other than that	11247
provided for in the notice of election. Immediately after its	11248
adoption and at least seventy-five days prior to the election at	11249
which the question will appear on the ballot, a copy of the	11250
resolution shall be certified to the board of elections of the	11251
proper county, which shall submit the proposal to the electors on	11252
the date specified in the resolution. The form of the ballot shall	11253
be as provided in section 5748.03 of the Revised Code. Publication	11254
of notice of the election shall be made in one or more newspapers	11255
of general circulation in the county once a week for fourtwo	11256
consecutive weeks. The notice shall contain the time and place of	11257
the election and the question to be submitted to the electors. The	11258
question covered by the resolution shall be submitted as a	11259
separate proposition, but may be printed on the same ballot with	11260
any other proposition submitted at the same election, other than	11261
the election of officers.	11262

(D) No board of education shall submit the question of a tax	11263
on school district income to the electors of the district more	11264
than twice in any calendar year. If a board submits the question	11265
twice in any calendar year, one of the elections on the question	11266
shall be held on the date of the general election.	11267

Sec. 5748.04.  The question of the repeal of a school	11268
district income tax levied for more than five years may be	11269
initiated not more than once in any five-year period by filing	11270
with the board of elections of the appropriate counties not later	11271
than seventy-five days before the general election in any year	11272
after the year in which it is approved by the electors a petition	11273
requesting that an election be held on the question. The petition	11274
shall be signed by qualified electors residing in the school	11275
district levying the income tax equal in number to ten per cent of	11276
those voting for governor at the most recent gubernatorial	11277
election.	11278

The board of elections shall determine whether the petition	11279
is valid, and if it so determines, it shall submit the question to	11280
the electors of the district at the next general election. The	11281
election shall be conducted, canvassed, and certified in the same	11282
manner as regular elections for county offices in the county.	11283
Notice of the election shall be published in a newspaper of	11284
general circulation in the district once a week for fourtwo	11285
consecutive weeks prior to the election, stating the purpose, the	11286
time, and the place of the election. The form of the ballot cast	11287
at the election shall be as follows:	11288

"Shall the annual income tax of ..... per cent, currently	11289
levied on the school district income of individuals and estates by	11290
.......... (state the name of the school district) for the purpose	11291
of .......... (state purpose of the tax), be repealed?	11292

11293

11296

If the rate of one or more property tax levies was reduced	11297
for the duration of the income tax levy pursuant to division	11298
(B)(2) of section 5748.02 of the Revised Code, the form of the	11299
ballot shall be modified by adding the following language	11300
immediately after "repealed": ", and shall the rate of an existing	11301
tax on property for the purpose of current expenses, which rate	11302
was reduced for the duration of the income tax, be INCREASED from	11303
..... mills to ..... mills per one dollar of valuation beginning	11304
in ..... (state the first year for which the rate of the property	11305
tax will increase)." In lieu of "for repeal of the income tax" and	11306
"against repeal of the income tax," the phrases "for the issue"	11307
and "against the issue," respectively, shall be substituted.	11308

If the rate of more than one property tax was reduced for the	11309
duration of the income tax, the ballot language shall be modified	11310
accordingly to express the rates at which those taxes currently	11311
are levied and the rates to which the taxes would be increased.	11312

The question covered by the petition shall be submitted as a	11313
separate proposition, but it may be printed on the same ballot	11314
with any other proposition submitted at the same election other	11315
than the election of officers. If a majority of the qualified	11316
electors voting on the question vote in favor of it, the result	11317
shall be certified immediately after the canvass by the board of	11318
elections to the board of education of the school district and the	11319
tax commissioner, who shall thereupon, after the current year,	11320
cease to levy the tax, except that if notes have been issued	11321
pursuant to section 5748.05 of the Revised Code the tax	11322
commissioner shall continue to levy and collect under authority of	11323
the election authorizing the levy an annual amount, rounded upward	11324
to the nearest one-fourth of one per cent, as will be sufficient	11325
to pay the debt charges on the notes as they fall due.	11326

If a school district income tax repealed pursuant to this	11327
section was approved in conjunction with a reduction in the rate	11328
of one or more school district property taxes as provided in	11329
division (B)(2) of section 5748.02 of the Revised Code, then each	11330
such property tax may be levied after the current year at the rate	11331
at which it could be levied prior to the reduction, subject to any	11332
adjustments required by the county budget commission pursuant to	11333
Chapter 5705. of the Revised Code. Upon the repeal of a school	11334
district income tax under this section, the board of education may	11335
resume levying a property tax, the rate of which has been reduced	11336
pursuant to a question approved under section 5748.02 of the	11337
Revised Code, at the rate the board originally was authorized to	11338
levy the tax. A reduction in the rate of a property tax under	11339
section 5748.02 of the Revised Code is a reduction in the rate at	11340
which a board of education may levy that tax only for the period	11341
during which a school district income tax is levied prior to any	11342
repeal pursuant to this section. The resumption of the authority	11343
to levy the tax upon such a repeal does not constitute a tax	11344
levied in excess of the one per cent limitation prescribed by	11345
Section 2 of Article XII, Ohio Constitution, or in excess of the	11346
ten-mill limitation.	11347

This section does not apply to school district income tax	11348
levies that are levied for five or fewer years.	11349

Sec. 5748.08.  (A) The board of education of a city, local,	11350
or exempted village school district, at any time by a vote of	11351
two-thirds of all its members, may declare by resolution that it	11352
may be necessary for the school district to do all of the	11353
following:	11354

(1) Raise a specified amount of money for school district	11355
purposes by levying an annual tax on the school district income of	11356
individuals and estates;	11357

(2) Issue general obligation bonds for permanent	11358
improvements, stating in the resolution the necessity and purpose	11359
of the bond issue and the amount, approximate date, estimated rate	11360
of interest, and maximum number of years over which the principal	11361
of the bonds may be paid;	11362

(3) Levy a tax outside the ten-mill limitation to pay debt	11363
charges on the bonds and any anticipatory securities;	11364

(4) Submit the question of the school district income tax and	11365
bond issue to the electors of the district at a special election.	11366

On adoption of the resolution, the board shall certify a copy	11367
of it to the tax commissioner and the county auditor no later than	11368
ninety days prior to the date of the special election at which the	11369
board intends to propose the income tax and bond issue. Not later	11370
than ten days of receipt of the resolution, the tax commissioner,	11371
in the same manner as required by division (A) of section 5748.02	11372
of the Revised Code, shall estimate the rates designated in	11373
divisiondivisions (A)(1) and (2) of that section and certify them	11374
to the board. Not later than ten days of receipt of the	11375
resolution, the county auditor shall estimate and certify to the	11376
board the average annual property tax rate required throughout the	11377
stated maturity of the bonds to pay debt charges on the bonds, in	11378
the same manner as under division (C) of section 133.18 of the	11379
Revised Code.	11380

(B) On receipt of the tax commissioner's and county auditor's	11381
certifications prepared under division (A) of this section, the	11382
board of education of the city, local, or exempted village school	11383
district, by a vote of two-thirds of all its members, may adopt a	11384
resolution proposing for a specified number of years or for a	11385
continuing period of time the levy of an annual tax for school	11386
district purposes on the school district income of individuals and	11387
of estates and declaring that the amount of taxes that can be	11388
raised within the ten-mill limitation will be insufficient to	11389
provide an adequate amount for the present and future requirements	11390
of the school district; that it is necessary to issue general	11391
obligation bonds of the school district for specified permanent	11392
improvements and to levy an additional tax in excess of the	11393
ten-mill limitation to pay the debt charges on the bonds and any	11394
anticipatory securities; and that the question of the bonds and	11395
taxes shall be submitted to the electors of the school district at	11396
a special election, which shall not be earlier than seventy-five	11397
days after certification of the resolution to the board of	11398
elections, and the date of which shall be consistent with section	11399
3501.01 of the Revised Code. The resolution shall specify all of	11400
the following:	11401

(1) The purpose for which the school district income tax is	11402
to be imposed and the rate of the tax, which shall be the rate set	11403
forth in the tax commissioner's certification rounded to the	11404
nearest one-fourth of one per cent;	11405

(2) The number of years the tax will be levied, or that it	11406
will be levied for a continuing period of time;	11407

(3) The date on which the tax shall take effect, which shall	11408
be the first day of January of any year following the year in	11409
which the question is submitted;	11410

(4) The county auditor's estimate of the average annual	11411
property tax rate required throughout the stated maturity of the	11412
bonds to pay debt charges on the bonds.	11413

(C) A resolution adopted under division (B) of this section	11414
shall go into immediate effect upon its passage, and no	11415
publication of the resolution shall be necessary other than that	11416
provided for in the notice of election. Immediately after its	11417
adoption and at least seventy-five days prior to the election at	11418
which the question will appear on the ballot, the board of	11419
education shall certify a copy of the resolution, along with	11420
copies of the auditor's estimate and its resolution under division	11421
(A) of this section, to the board of elections of the proper	11422
county. The board of education shall make the arrangements for the	11423
submission of the question to the electors of the school district,	11424
and the election shall be conducted, canvassed, and certified in	11425
the same manner as regular elections in the district for the	11426
election of county officers.	11427

The resolution shall be put before the electors as one ballot	11428
question, with a majority vote indicating approval of the school	11429
district income tax, the bond issue, and the levy to pay debt	11430
charges on the bonds and any anticipatory securities. The board of	11431
elections shall publish the notice of the election in one or more	11432
newspapers of general circulation in the school district once a	11433
week for fourtwo consecutive weeks. The notice of election shall	11434
state all of the following:	11435

(1) The questions to be submitted to the electors;

11436

(2) The rate of the school district income tax;

11437

(3) The principal amount of the proposed bond issue;

11438

(4) The permanent improvements for which the bonds are to be	11439
issued;	11440

(5) The maximum number of years over which the principal of	11441
the bonds may be paid;	11442

(6) The estimated additional average annual property tax rate	11443
to pay the debt charges on the bonds, as certified by the county	11444
auditor;	11445

(7) The time and place of the special election.

11446

(D) The form of the ballot on a question submitted to the	11447
electors under this section shall be as follows:	11448

"Shall the ........ school district be authorized to do both	11449
of the following:	11450

(1) Impose an annual income tax of ...... (state the proposed	11451
rate of tax) on the school district income of individuals and of	11452
estates, for ........ (state the number of years the tax would be	11453
levied, or that it would be levied for a continuing period of	11454
time), beginning ........ (state the date the tax would first take	11455
effect), for the purpose of ........ (state the purpose of the	11456
tax)?	11457

(2) Issue bonds for the purpose of ....... in the principal	11458
amount of $......, to be repaid annually over a maximum period of	11459
....... years, and levy a property tax outside the ten-mill	11460
limitation estimated by the county auditor to average over the	11461
bond repayment period ....... mills for each one dollar of tax	11462
valuation, which amounts to ....... (rate expressed in cents or	11463
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	11464
tax valuation, to pay the annual debt charges on the bonds, and to	11465
pay debt charges on any notes issued in anticipation of those	11466
bonds?	11467

11468

11471

(E) The board of elections promptly shall certify the results	11472
of the election to the tax commissioner and the county auditor of	11473
the county in which the school district is located. If a majority	11474
of the electors voting on the question vote in favor of it, the	11475
income tax and the applicable provisions of Chapter 5747. of the	11476
Revised Code shall take effect on the date specified in the	11477
resolution, and the board of education may proceed with issuance	11478
of the bonds and with the levy and collection of the property	11479
taxes to pay debt charges on the bonds, at the additional rate or	11480
any lesser rate in excess of the ten-mill limitation. Any	11481
securities issued by the board of education under this section are	11482
Chapter 133. securities, as that term is defined in section 133.01	11483
of the Revised Code.	11484

(F) After approval of a question under this section, the	11485
board of education may anticipate a fraction of the proceeds of	11486
the school district income tax in accordance with section 5748.05	11487
of the Revised Code. Any anticipation notes under this division	11488
shall be issued as provided in section 133.24 of the Revised Code,	11489
shall have principal payments during each year after the year of	11490
their issuance over a period not to exceed five years, and may	11491
have a principal payment in the year of their issuance.	11492

(G) The question of repeal of a school district income tax	11493
levied for more than five years may be initiated and submitted in	11494
accordance with section 5748.04 of the Revised Code.	11495

(H) No board of education shall submit a question under this	11496
section to the electors of the school district more than twice in	11497
any calendar year. If a board submits the question twice in any	11498
calendar year, one of the elections on the question shall be held	11499
on the date of the general election.	11500

Sec. 6119.18.  The board of trustees of a regional water and	11501
sewer district, by a vote of two-thirds of all its members, may	11502
declare by resolution that it is necessary to levy a tax in excess	11503
of the ten-mill limitation for the purpose of providing funds to	11504
pay current expenses of the district or for the purpose of paying	11505
any portion of the cost of one or more water resource projects or	11506
parts thereof or for both of such purposes, and that the question	11507
of such tax levy shall be submitted to the electors of the	11508
district at a general or primary election. Such resolution shall	11509
conform to the requirements of section 5705.19 of the Revised	11510
Code, except as otherwise permitted by this section and except	11511
that such levy may be for a period not longer than ten years. The	11512
resolution shall go into immediate effect upon its passage and no	11513
publication of the resolution is necessary other than that	11514
provided for in the notice of election. A copy of such resolution	11515
shall, immediately after its passage, be certified to the board of	11516
elections of the proper county or counties in the manner provided	11517
by section 5705.25 of the Revised Code, and such section shall	11518
govern the arrangements for the submission of such question and	11519
other matters with respect to such election to which such section	11520
refers. Publication of the notice of such election shall be made	11521
in one or more newspapers having a general circulation in the	11522
district once a week for fourtwo consecutive weeks.	11523

If a majority of the electors voting on the question vote in	11524
favor thereof, the board may make the necessary levy within the	11525
district at the additional rate or at any lesser rate on the tax	11526
list and duplicate for the purpose or purposes stated in the	11527
resolution.	11528

The taxes realized from such levy shall be collected at the	11529
same time and in the same manner as other taxes on such tax list	11530
and duplicate and such taxes, when collected, shall be paid to the	11531
district and deposited by it in a special fund which shall be	11532
established by the district for all revenues derived from such	11533
levy and for the proceeds of anticipation notes which shall be	11534
deposited in such fund.	11535

After the approval of such levy, the district may anticipate	11536
a fraction of the proceeds of such levy and, from time to time,	11537
during the life of such levy, issue anticipation notes in an	11538
amount not exceeding fifty per cent of the estimated proceeds of	11539
such levy to be collected in each year up to a period of five	11540
years after the date of issuance of such notes, less an amount	11541
equal to the proceeds of such levy previously obligated for each	11542
year by the issuance of anticipation notes, provided that the	11543
total amount maturing in any one year shall not exceed fifty per	11544
cent of the anticipated proceeds of such levy for that year. Each	11545
issue of notes shall be sold as provided in Chapter 133. of the	11546
Revised Code, and shall, except for such limitation that the total	11547
amount of such notes maturing in any one year shall not exceed	11548
fifty per cent of the anticipated proceeds of such levy for that	11549
year, mature serially in substantially equal installments during	11550
each year over a period not to exceed five years after their	11551
issuance.	11552

Section 2. That existing sections 131.23, 145.38, 305.31,	11553
306.70, 307.791, 322.021, 324.021, 503.162, 504.02, 504.03,	11554
511.28, 511.34, 513.14, 731.28, 731.29, 745.07, 747.11, 1901.07,	11555
1901.10, 1901.31, 1901.33, 3311.21, 3311.50, 3311.73, 3349.29,	11556
3354.12, 3355.09, 3501.05, 3501.11, 3501.13, 3501.26, 3501.30,	11557
3501.33, 3501.35, 3501.38, 3501.39, 3503.06, 3503.11, 3503.13,	11558
3503.14, 3503.16, 3503.19, 3503.21, 3503.23, 3503.24, 3505.16,	11559
3505.18, 3505.19, 3505.20, 3505.21, 3505.22, 3505.25, 3505.26,	11560
3505.27, 3505.32, 3506.01, 3506.05, 3506.12, 3506.13, 3506.19,	11561
3509.02, 3509.03, 3509.031, 3509.04, 3509.05, 3509.06, 3509.07,	11562
3509.08, 3511.02, 3511.04, 3511.09, 3513.04, 3513.041, 3513.05,	11563
3513.052, 3513.19, 3513.20, 3513.22, 3513.257, 3513.259, 3513.261,	11564
3513.30, 3515.03, 3515.04, 3515.07, 3515.08, 3515.13, 3517.01,	11565
3517.10, 3517.106, 3517.1011, 3519.05, 3523.05, 3599.11, 3599.111,	11566
3599.12, 3599.21, 3599.24, 3599.38, 4301.33, 4301.331, 4301.332,	11567
4301.333, 4301.334, 4305.14, 4504.021, 5705.191, 5705.194,	11568
5705.196, 5705.21, 5705.218, 5705.25, 5705.251, 5705.261, 5705.71,	11569
5739.022, 5748.02, 5748.04, 5748.08, and 6119.18 and section	11570
Sec. 3503.27.  of the Revised Code are hereby repealed.	11571

Section 3. If any item of law that constitutes the whole or	11572
part of a codified section of law contained in this act, or if any	11573
application of any item of law that constitutes the whole or part	11574
of a codified section of law contained in this act, is held	11575
invalid, the invalidity does not affect other items of law or	11576
applications of items of law that can be given effect without the	11577
invalid item of law or application. To this end, the items of law	11578
of which the codified sections contained in this act are composed,	11579
and their applications, are independent and severable.	11580

Section 4. Sections 1, 2, and 3 of this act shall take effect	11581
on January 1, 2006.	11582