Sub. H. B. No. 3 As Reported by the Senate Rules Committee

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

Senators Jacobson, Harris, Spada, Hottinger

A BILL

To amend sections 131.23, 145.38, 303.12, 306.70, 1
307.791, 322.021, 324.021, 503.162, 504.02, 2
504.03, 511.28, 511.34, 513.14, 519.12, 745.07, 3
747.11, 1901.07, 1901.10, 1901.31, 2961.01, 4
2967.17, 3311.21, 3311.50, 3311.73, 3349.29, 5
3354.12, 3355.09, 3375.03, 3501.01, 3501.05, 6
3501.10, 3501.11, 3501.13, 3501.26, 3501.30, 7
3501.33, 3501.35, 3501.38, 3501.39, 3503.06, 8
3503.11, 3503.13, 3503.14, 3503.16, 3503.19, 9
3503.21, 3503.23, 3503.24, 3505.062, 3505.063, 10
3505.16, 3505.18, 3505.19, 3505.20, 3505.21, 11
3505.22, 3505.25, 3505.26, 3505.27, 3505.32, 12
3506.01, 3506.05, 3506.12, 3506.13, 3506.18, 13
3509.02, 3509.06, 3509.08, 3509.09, 3511.13, 14
3513.04, 3513.041, 3513.05, 3513.052, 3513.07, 15
3513.09, 3513.19, 3513.20, 3513.22, 3513.257, 16
3513.259, 3513.261, 3513.30, 3515.03, 3515.04, 17
3515.07, 3515.08, 3515.13, 3517.01, 3517.081, 18
3517.092, 3517.10, 3517.106, 3517.1011, 3517.12, 19
3517.13, 3517.153, 3517.992, 3519.01, 3519.03, 20
3519.04, 3519.05, 3523.05, 3599.11, 3599.111, 21
3599.13, 3599.14, 3599.21, 3599.24, 3599.38, 22
4301.33, 4301.331, 4301.332, 4301.333, 4301.334, 23
4305.14, 4504.021, 5705.191, 5705.194, 5705.196, 24
5705.21, 5705.218, 5705.25, 5705.251, 5705.261, 25
5705.71, 5739.022, 5748.02, 5748.04, 5748.08, and 26
6119.18, to enact sections 109.95, 3501.052, 27
3501.19, 3501.24, 3501.382, 3501.90, 3503.15, 28
3503.28, 3503.29, 3505.181, 3505.182, 3505.183, 29
3506.20, 3506.21, 3506.22, 3506.23, 3515.041, 30
3515.072, 3519.051, and 3519.07, and to repeal 31
section 3503.27 of the Revised Code to revise the 32
Election Law. 33

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

       Section 1. That sections 131.23, 145.38, 303.12, 306.70, 34
307.791, 322.021, 324.021, 503.162, 504.02, 504.03, 511.28, 35
511.34, 513.14, 519.12, 745.07, 747.11, 1901.07, 1901.10, 1901.31, 36
2961.01, 2967.17, 3311.21, 3311.50, 3311.73, 3349.29, 3354.12, 37
3355.09, 3375.03, 3501.01, 3501.05, 3501.10, 3501.11, 3501.13, 38
3501.26, 3501.30, 3501.33, 3501.35, 3501.38, 3501.39, 3503.06, 39
3503.11, 3503.13, 3503.14, 3503.16, 3503.19, 3503.21, 3503.23, 40
3503.24, 3505.062, 3505.063, 3505.16, 3505.18, 3505.19, 3505.20, 41
3505.21, 3505.22, 3505.25, 3505.26, 3505.27, 3505.32, 3506.01, 42
3506.05, 3506.12, 3506.13, 3506.18, 3509.02, 3509.06, 3509.08, 43
3509.09, 3511.13, 3513.04, 3513.041, 3513.05, 3513.052, 3513.07, 44
3513.09, 3513.19, 3513.20, 3513.22, 3513.257, 3513.259, 3513.261, 45
3513.30, 3515.03, 3515.04, 3515.07, 3515.08, 3515.13, 3517.01, 46
3517.081, 3517.092, 3517.10, 3517.106, 3517.1011, 3517.12, 47
3517.13, 3517.153, 3517.992, 3519.01, 3519.03, 3519.04, 3519.05, 48
3523.05, 3599.11, 3599.111, 3599.13, 3599.14, 3599.21, 3599.24, 49
3599.38, 4301.33, 4301.331, 4301.332, 4301.333, 4301.334, 4305.14, 50
4504.021, 5705.191, 5705.194, 5705.196, 5705.21, 5705.218, 51
5705.25, 5705.251, 5705.261, 5705.71, 5739.022, 5748.02, 5748.04, 52
5748.08, and 6119.18 be amended and sections 109.95, 3501.052, 53
3501.19, 3501.24, 3501.382, 3501.90, 3503.15, 3503.28, 3503.29, 54
3505.181, 3505.182, 3505.183, 3506.20, 3506.21, 3506.22, 3506.23, 55
3515.041, 3515.072, 3519.051, and 3519.07 of the Revised Code be 56
enacted to read as follows: 57

       Sec. 109.95. Notwithstanding any provision of the Revised 58
Code to the contrary pertaining to prosecutorial authority, the 59
attorney general may initiate criminal proceedings for election 60
fraud under section 3599.42 of the Revised Code which results from 61
a violation of any provision of Title XXXV of the Revised Code, 62
other than Chapter 3517. of the Revised Code, involving voting, an 63
initiative or referendum petition process, or the conducting of an 64
election, by presenting evidence of criminal violations in 65
question to the prosecuting attorney of any county in which the 66
violations may be prosecuted. If the prosecuting attorney does not 67
prosecute the violations within a reasonable time or requests the 68
attorney general to do so, the attorney general may proceed with 69
the prosecution of the violations with all of the rights, 70
privileges, and powers conferred by law on a prosecuting attorney, 71
including, but not limited to, the power to appear before a grand 72
jury and to interrogate witnesses before a grand jury. 73

        If the attorney general presents evidence to the prosecuting 74
attorney in accordance with this section within two weeks prior to 75
an election, the prosecuting attorney shall decide whether to 76
prosecute or request the attorney general to do so within 77
forty-eight hours after the attorney general presents the 78
evidence. If the prosecuting attorney does not so decide within 79
forty-eight hours, the attorney general may initiate criminal 80
proceedings in accordance with this section. 81

       Sec. 131.23. The various political subdivisions of this 82
state may issue bonds, and any indebtedness created by ~~such~~that 83
issuance shall not be subject to the limitations or included in 84
the calculation of indebtedness prescribed by sections 133.05, 85
133.06, 133.07, and 133.09 of the Revised Code, but ~~such~~the bonds 86
may be issued only under the following conditions: 87

       (A) The subdivision desiring to issue ~~such~~the bonds shall 88
obtain from the county auditor a certificate showing the total 89
amount of delinquent taxes due and unpayable to ~~such~~the 90
subdivision at the last semiannual tax settlement. 91

       (B) The fiscal officer of that subdivision shall prepare a 92
statement, from the books of the subdivision, verified by the 93
fiscal officer under oath, which shall contain the following facts 94
of ~~such~~the subdivision: 95

       (1) The total bonded indebtedness; 96

       (2) The aggregate amount of notes payable or outstanding 97
accounts of the subdivision, incurred prior to the commencement of 98
the current fiscal year, which shall include all evidences of 99
indebtedness issued by the subdivision except notes issued in 100
anticipation of bond issues and the indebtedness of any 101
nontax-supported public utility; 102

       (3) Except in the case of school districts, the aggregate 103
current year's requirement for disability financial assistance and 104
disability medical assistance provided under Chapter 5115. of the 105
Revised Code that the subdivision is unable to finance except by 106
the issue of bonds; 107

       (4) The indebtedness outstanding through the issuance of any 108
bonds or notes pledged or obligated to be paid by any delinquent 109
taxes; 110

       (5) The total of any other indebtedness; 111

       (6) The net amount of delinquent taxes unpledged to pay any 112
bonds, notes, or certificates, including delinquent assessments on 113
improvements on which the bonds have been paid; 114

       (7) The budget requirements for the fiscal year for bond and 115
note retirement; 116

       (8) The estimated revenue for the fiscal year. 117

       (C) The certificate and statement provided for in divisions 118
(A) and (B) of this section shall be forwarded to the tax 119
commissioner together with a request for authority to issue bonds 120
of ~~such~~the subdivision in an amount not to exceed seventy per 121
cent of the net unobligated delinquent taxes and assessments due 122
and owing to ~~such~~the subdivision, as set forth in division (B)(6) 123
of this section. 124

       (D) No subdivision may issue bonds under this section in 125
excess of a sufficient amount to pay the indebtedness of the 126
subdivision as shown by division (B)(2) of this section and, 127
except in the case of school districts, to provide funds for 128
disability financial assistance and disability medical assistance, 129
as shown by division (B)(3) of this section. 130

       (E) The tax commissioner shall grant to ~~such~~the subdivision 131
authority requested by ~~such~~the subdivision as restricted by 132
divisions (C) and (D) of this section and shall make a record of 133
the certificate, statement, and grant in a record book devoted 134
solely to such recording and which shall be open to inspection by 135
the public. 136

       (F) The commissioner shall immediately upon issuing the 137
authority provided in division (E) of this section notify the 138
proper authority having charge of the retirement of bonds of ~~such~~ 139
the subdivision by forwarding a copy of ~~such~~the grant of 140
authority and of the statement provided for in division (B) of 141
this section. 142

       (G) Upon receipt of authority, the subdivision shall proceed 143
according to law to issue the amount of bonds authorized by the 144
commissioner, and authorized by the taxing authority, provided the 145
taxing authority of that subdivision may submit, by resolution 146
~~submit~~, to the electors of that subdivision the question of 147
issuing ~~such~~the bonds. ~~Such~~The resolution shall make the 148
declarations and statements required by section 133.18 of the 149
Revised Code. The county auditor and taxing authority shall 150
thereupon proceed as set forth in divisions (C) and (D) of ~~such~~ 151
that section. The election on the question of issuing ~~such~~the 152
bonds shall be held under divisions (E), (F), and (G) of ~~such~~that 153
section, except that publication of the notice of ~~such~~the 154
election shall be made on ~~four~~two separate days prior to ~~such~~the 155
election in one or more newspapers of general circulation in the 156
~~subdivisions~~subdivision. ~~Such~~The bonds may be exchanged at their 157
face value with creditors of the subdivision in liquidating the 158
indebtedness described and enumerated in division (B)(2) of this 159
section or may be sold as provided in Chapter 133. of the Revised 160
Code, and in either event shall be uncontestable. 161

       (H) The per cent of delinquent taxes and assessments 162
collected for and to the credit of the subdivision after the 163
exchange or sale of bonds as certified by the commissioner shall 164
be paid to the authority having charge of the sinking fund of the 165
subdivision, which money shall be placed in a separate fund for 166
the purpose of retiring the bonds so issued. The proper authority 167
of the subdivisions shall provide for the levying of a tax 168
sufficient in amount to pay the debt charges on all such bonds 169
issued under this section. 170

       (I) This section is for the sole purpose of assisting the 171
various subdivisions in paying their unsecured indebtedness, and 172
providing funds for disability financial assistance and disability 173
medical assistance. The bonds issued under authority of this 174
section shall not be used for any other purpose, and any exchange 175
for other purposes, or the use of the money derived from the sale 176
of ~~such~~the bonds by the subdivision for any other purpose, is 177
misapplication of funds. 178

       (J) The bonds authorized by this section shall be redeemable 179
or payable in not to exceed ten years from date of issue and shall 180
not be subject to or considered in calculating the net 181
indebtedness of the subdivision. The budget commission of the 182
county in which the subdivision is located shall annually allocate 183
such portion of the then delinquent levy due ~~such~~the subdivision 184
which is unpledged for other purposes to the payment of debt 185
charges on the bonds issued under authority of this section. 186

       (K) The issue of bonds under this section shall be governed 187
by Chapter 133. of the Revised Code, respecting the terms used, 188
forms, manner of sale, and redemption except as otherwise provided 189
in this section. 190

       The board of county commissioners of any county may issue 191
bonds authorized by this section and distribute the proceeds of 192
~~such~~the bond issues to any or all of the cities and townships of 193
~~such counties~~the county, according to their relative needs for 194
disability financial assistance and disability medical assistance 195
as determined by ~~such~~the county. 196

       All sections of the Revised Code inconsistent with or 197
prohibiting the exercise of the authority conferred by this 198
section are inoperative respecting bonds issued under this 199
section. 200

       Sec. 145.38. (A) As used in this section and sections 201
145.381 and 145.384 of the Revised Code: 202

       (1) "PERS retirant" means a former member of the public 203
employees retirement system who is receiving one of the following: 204

       (a) Age and service retirement benefits under section 145.32, 205
145.33, 145.331, 145.34, or 145.46 of the Revised Code; 206

       (b) Age and service retirement benefits paid by the public 207
employees retirement system under section 145.37 of the Revised 208
Code; 209

       (c) Any benefit paid under a PERS defined contribution plan. 210

       (2) "Other system retirant" means both of the following: 211

       (a) A member or former member of the Ohio police and fire 212
pension fund, state teachers retirement system, school employees 213
retirement system, state highway patrol retirement system, or 214
Cincinnati retirement system who is receiving age and service or 215
commuted age and service retirement benefits or a disability 216
benefit from a system of which the person is a member or former 217
member; 218

       (b) A member or former member of the public employees 219
retirement system who is receiving age and service retirement 220
benefits or a disability benefit under section 145.37 of the 221
Revised Code paid by the school employees retirement system or the 222
state teachers retirement system. 223

       (B)(1) Subject to this section and section 145.381 of the 224
Revised Code, a PERS retirant or other system retirant may be 225
employed by a public employer. If so employed, the PERS retirant 226
or other system retirant shall contribute to the public employees 227
retirement system in accordance with section 145.47 of the Revised 228
Code, and the employer shall make contributions in accordance with 229
section 145.48 of the Revised Code. 230

       (2) A public employer that employs a PERS retirant or other 231
system retirant, or enters into a contract for services as an 232
independent contractor with a PERS retirant, shall notify the 233
retirement board of the employment or contract not later than the 234
end of the month in which the employment or contract commences. 235
Any overpayment of benefits to a PERS retirant by the retirement 236
system resulting from delay or failure of the employer to give the 237
notice shall be repaid to the retirement system by the employer. 238

       (3) On receipt of notice from a public employer that a person 239
who is an other system retirant has been employed, the retirement 240
system shall notify the retirement system of which the other 241
system retirant was a member of such employment. 242

       (4)(a) A PERS retirant who has received a retirement 243
allowance for less than two months when employment subject to this 244
section commences shall forfeit the retirement allowance for any 245
month the PERS retirant is employed prior to the expiration of the 246
two-month period. Service and contributions for that period shall 247
not be included in calculation of any benefits payable to the PERS 248
retirant, and those contributions shall be refunded on the 249
retirant's death or termination of the employment. 250

       (b) An other system retirant who has received a retirement 251
allowance or disability benefit for less than two months when 252
employment subject to this section commences shall forfeit the 253
retirement allowance or disability benefit for any month the other 254
system retirant is employed prior to the expiration of the 255
two-month period. Service and contributions for that period shall 256
not be included in the calculation of any benefits payable to the 257
other system retirant, and those contributions shall be refunded 258
on the retirant's death or termination of the employment. 259

       (c) Contributions made on compensation earned after the 260
expiration of the two-month period shall be used in the 261
calculation of the benefit or payment due under section 145.384 of 262
the Revised Code. 263

       (5) On receipt of notice from the Ohio police and fire 264
pension fund, school employees retirement system, or state 265
teachers retirement system of the re-employment of a PERS 266
retirant, the public employees retirement system shall not pay, or 267
if paid, shall recover, the amount to be forfeited by the PERS 268
retirant in accordance with section 742.26, 3307.35, or 3309.341 269
of the Revised Code. 270

       (6) A PERS retirant who enters into a contract to provide 271
services as an independent contractor to the employer by which the 272
retirant was employed at the time of retirement or, less than two 273
months after the retirement allowance commences, begins providing 274
services as an independent contractor pursuant to a contract with 275
another public employer, shall forfeit the pension portion of the 276
retirement benefit for the period beginning the first day of the 277
month following the month in which the services begin and ending 278
on the first day of the month following the month in which the 279
services end. The annuity portion of the retirement allowance 280
shall be suspended on the day services under the contract begin 281
and shall accumulate to the credit of the retirant to be paid in a 282
single payment after services provided under the contract 283
terminate. A PERS retirant subject to division (B)(6) of this 284
section shall not contribute to the retirement system and shall 285
not become a member of the system. 286

       (7) As used in this division, "employment" includes service 287
for which a PERS retirant or other system retirant, the retirant's 288
employer, or both, have waived any earnable salary for the 289
service. 290

       (C)(1) Except as provided in division (C)(3) of this section, 291
this division applies to both of the following: 292

       (a) A PERS retirant who, prior to September 14, 2000, was 293
subject to division (C)(1)(b) of this section as that division 294
existed immediately prior to September 14, 2000, and has not 295
elected pursuant to Am. Sub. S.B. 144 of the 123rd general 296
assembly to cease to be subject to that division; 297

       (b) A PERS retirant to whom both of the following apply: 298

       (i) The retirant held elective office in this state, or in 299
any municipal corporation, county, or other political subdivision 300
of this state at the time of retirement under this chapter. 301

       (ii) The retirant was elected or appointed to the same office 302
for the remainder of the term or the term immediately following 303
the term during which the retirement occurred. 304

       (2) A PERS retirant who is subject to this division is a 305
member of the public employees retirement system with all the 306
rights, privileges, and obligations of membership, except that the 307
membership does not include survivor benefits provided pursuant to 308
section 145.45 of the Revised Code or, beginning on the ninetieth 309
day after September 14, 2000, any amount calculated under section 310
145.401 of the Revised Code. The pension portion of the PERS 311
retirant's retirement allowance shall be forfeited until the first 312
day of the first month following termination of the employment. 313
The annuity portion of the retirement allowance shall accumulate 314
to the credit of the PERS retirant to be paid in a single payment 315
after termination of the employment. The retirement allowance 316
shall resume on the first day of the first month following 317
termination of the employment. On termination of the employment, 318
the PERS retirant shall elect to receive either a refund of the 319
retirant's contributions to the retirement system during the 320
period of employment subject to this section or a supplemental 321
retirement allowance based on the retirant's contributions and 322
service credit for that period of employment. 323

       (3) This division does not apply to any of the following: 324

       (a) A PERS retirant elected to office who, at the time of the 325
election for the retirant's current term, was not retired but, not 326
less than ninety days prior to the primary election for the term 327
or the date on which a primary for the term would have been held, 328
filed a written declaration of intent to retire before the end of 329
the term with the director of the board of elections of the county 330
in which petitions for nomination or election to the office are 331
filed; 332

       (b) A PERS retirant elected to office who, at the time of the 333
election for the retirant's current term, was a retirant and had 334
been retired for not less than ninety days; 335

       (c) A PERS retirant appointed to office who, at the time of 336
appointment to the retirant's current term, notified the person or 337
entity making the appointment that the retirant was already 338
retired or intended to retire before the end of the term. 339

       (D)(1) Except as provided in division (C) of this section, a 340
PERS retirant or other system retirant subject to this section is 341
not a member of the public employees retirement system, and, 342
except as specified in this section does not have any of the 343
rights, privileges, or obligations of membership. Except as 344
specified in division (D)(2) of this section, the retirant is not 345
eligible to receive health, medical, hospital, or surgical 346
benefits under section 145.58 of the Revised Code for employment 347
subject to this section. 348

       (2) A PERS retirant subject to this section shall receive 349
primary health, medical, hospital, or surgical insurance coverage 350
from the retirant's employer, if the employer provides coverage to 351
other employees performing comparable work. Neither the employer 352
nor the PERS retirant may waive the employer's coverage, except 353
that the PERS retirant may waive the employer's coverage if the 354
retirant has coverage comparable to that provided by the employer 355
from a source other than the employer or the public employees 356
retirement system. If a claim is made, the employer's coverage 357
shall be the primary coverage and shall pay first. The benefits 358
provided under section 145.58 of the Revised Code shall pay only 359
those medical expenses not paid through the employer's coverage or 360
coverage the PERS retirant receives through a source other than 361
the retirement system. 362

       (E) If the disability benefit of an other system retirant 363
employed under this section is terminated, the retirant shall 364
become a member of the public employees retirement system, 365
effective on the first day of the month next following the 366
termination with all the rights, privileges, and obligations of 367
membership. If such person, after the termination of the 368
disability benefit, earns two years of service credit under this 369
system or under the Ohio police and fire pension fund, state 370
teachers retirement system, school employees retirement system, or 371
state highway patrol retirement system, the person's prior 372
contributions as an other system retirant under this section shall 373
be included in the person's total service credit as a public 374
employees retirement system member, and the person shall forfeit 375
all rights and benefits of this section. Not more than one year of 376
credit may be given for any period of twelve months. 377

       (F) This section does not affect the receipt of benefits by 378
or eligibility for benefits of any person who on August 20, 1976, 379
was receiving a disability benefit or service retirement pension 380
or allowance from a state or municipal retirement system in Ohio 381
and was a member of any other state or municipal retirement system 382
of this state. 383

       (G) The public employees retirement board may adopt rules to 384
carry out this section. 385

       Sec. 303.12. (A)(1) Amendments to the zoning resolution may 386
be initiated by motion of the county rural zoning commission, by 387
the passage of a resolution by the board of county commissioners, 388
or by the filing of an application by one or more of the owners or 389
lessees of property within the area proposed to be changed or 390
affected by the proposed amendment with the county rural zoning 391
commission. The board of county commissioners may require that the 392
owner or lessee of property filing an application to amend the 393
zoning resolution pay a fee to defray the cost of advertising, 394
mailing, filing with the county recorder, and other expenses. If 395
the board of county commissioners requires such a fee, it shall be 396
required generally, for each application. The board of county 397
commissioners ~~shall~~, upon the passage of such a resolution, shall 398
certify it to the county rural zoning commission. 399

       (2) Upon the adoption of ~~such~~a motion by the county rural 400
zoning commission, the certification of ~~such~~a resolution by the 401
board of county commissioners to the commission, or the filing of 402
~~such~~an application by property owners or lessees as described in 403
division (A)(1) of this section with the commission, the ~~county~~ 404
~~rural zoning~~ commission shall set a date for a public hearing, 405
which date shall not be less than twenty nor more than forty days 406
from the date of adoption of such a motion, the date of the 407
certification of such a resolution, or the date of the filing of 408
such an application. Notice of ~~such~~the hearing shall be given by 409
the ~~county rural zoning~~ commission by one publication in one or 410
more newspapers of general circulation in each township affected 411
by ~~such~~the proposed amendment at least ten days before the date 412
of ~~such~~the hearing. 413

       (B) If the proposed amendment intends to rezone or redistrict 414
ten or fewer parcels of land, as listed on the county auditor's 415
current tax list, written notice of the hearing shall be mailed by 416
the county rural zoning commission, by first class mail, at least 417
ten days before the date of the public hearing to all owners of 418
property within and contiguous to and directly across the street 419
from ~~such~~the area proposed to be rezoned or redistricted to the 420
addresses of ~~such~~those owners appearing on the county auditor's 421
current tax list. The failure of delivery of ~~such~~that notice 422
shall not invalidate any such amendment. 423

       (C) If the proposed amendment intends to rezone or redistrict 424
ten or fewer parcels of land as listed on the county auditor's 425
current tax list, the published and mailed notices shall set forth 426
the time, date, and place of the public hearing, and ~~shall~~ include 427
all of the following: 428

       (1) The name of the county rural zoning commission that will 429
be conducting the ~~public~~ hearing; 430

       (2) A statement indicating that the motion, resolution, or 431
application is an amendment to the zoning resolution; 432

       (3) A list of the addresses of all properties to be rezoned 433
or redistricted by the proposed amendment and of the names of 434
owners of these properties, as they appear on the county auditor's 435
current tax list; 436

       (4) The present zoning classification of property named in 437
the proposed amendment and the proposed zoning classification of 438
~~such~~that property; 439

       (5) The time and place where the motion, resolution, or 440
application proposing to amend the zoning resolution will be 441
available for examination for a period of at least ten days prior 442
to the ~~public~~ hearing; 443

       (6) The name of the person responsible for giving notice of 444
the public hearing by publication or, by mail, or by both 445
publication and mail; 446

       (7) ~~Any other information requested by the zoning commission;~~ 447

       ~~(8)~~ A statement that, after the conclusion of ~~such~~the 448
hearing, the matter will be submitted to the board of county 449
commissioners for its action; 450

       (8) Any other information requested by the commission. 451

       (D) If the proposed amendment alters the text of the zoning 452
resolution, or rezones or redistricts more than ten parcels of 453
land, as listed on the county auditor's current tax list, the 454
published notice shall set forth the time, date, and place of the 455
public hearing, and ~~shall~~ include all of the following: 456

       (1) The name of the county rural zoning commission that will 457
be conducting the ~~public~~ hearing on the proposed amendment; 458

       (2) A statement indicating that the motion, application, or 459
resolution is an amendment to the zoning resolution; 460

       (3) The time and place where the text and maps of the 461
proposed amendment will be available for examination for a period 462
of at least ten days prior to the ~~public~~ hearing; 463

       (4) The name of the person responsible for giving notice of 464
the ~~public~~ hearing by publication; 465

       (5) A statement that, after the conclusion of ~~such~~the 466
hearing, the matter will be submitted to the board of county 467
commissioners for its action; 468

       (6) Any other information requested by the ~~zoning~~ commission. 469

       Hearings shall be held in the county court house or in a 470
public place designated by the ~~zoning~~ commission. 471

       (E) Within five days after the adoption of ~~such~~the motion 472
described in division (A) of this section, the certification of 473
~~such~~the resolution described in division (A) of this section, or 474
the filing of ~~such~~the application described in division (A) of 475
this section, the county rural zoning commission shall transmit a 476
copy of it together with text and map pertaining to it to the 477
county or regional planning commission, if there is such a 478
commission. 479

       The county or regional planning commission shall recommend 480
the approval or denial of the proposed amendment or the approval 481
of some modification of it and shall submit ~~such~~its 482
recommendation to the county rural zoning commission. ~~Such~~The 483
recommendation shall be considered at the public hearing held by 484
the county rural zoning commission on ~~such~~the proposed amendment. 485

       The county rural zoning commission, within thirty days after 486
~~such~~the hearing, shall recommend the approval or denial of the 487
proposed amendment, or the approval of some modification of it, 488
and shall submit ~~such~~that recommendation together with ~~such~~the 489
motion, application, or resolution involved, the text and map 490
pertaining to itthe proposed amendment, and the recommendation of 491
the county or regional planning commission on it to the board of 492
county commissioners. 493

       The board of county commissioners, upon receipt of ~~such~~that 494
recommendation, shall set a time for a public hearing on ~~such~~the 495
proposed amendment, which date shall be not more than thirty days 496
from the date of the receipt of ~~such~~that recommendation ~~from the~~ 497
~~county rural zoning commission~~. Notice of ~~such public~~the hearing 498
shall be given by the board by one publication in one or more 499
newspapers of general circulation in the county, at least ten days 500
before the date of ~~such~~the hearing. 501

       (F) If the proposed amendment intends to rezone or redistrict 502
ten or fewer parcels of land as listed on the county auditor's 503
current tax list, the published notice shall set forth the time, 504
date, and place of the public hearing and ~~shall~~ include all of the 505
following: 506

       (1) The name of the board of county commissioners that will 507
be conducting the ~~public~~ hearing; 508

       (2) A statement indicating that the motion, application, or 509
resolution is an amendment to the zoning resolution; 510

       (3) A list of the addresses of all properties to be rezoned 511
or redistricted by the proposed amendment and of the names of 512
owners of ~~these~~those properties, as they appear on the county 513
auditor's current tax list; 514

       (4) The present zoning classification of property named in 515
the proposed amendment and the proposed zoning classification of 516
~~such~~that property; 517

       (5) The time and place where the motion, application, or 518
resolution proposing to amend the zoning resolution will be 519
available for examination for a period of at least ten days prior 520
to the ~~public~~ hearing; 521

       (6) The name of the person responsible for giving notice of 522
the ~~public~~ hearing by publication or, by mail, or by both 523
publication and mail; 524

       (7) Any other information requested by the board. 525

       (G) If the proposed amendment alters the text of the zoning 526
resolution, or rezones or redistricts more than ten parcels of 527
land as listed on the county auditor's current tax list, the 528
published notice shall set forth the time, date, and place of the 529
public hearing, and ~~shall~~ include all of the following: 530

       (1) The name of the board of county commissioners that will 531
be conducting the ~~public~~ hearing on the proposed amendment; 532

       (2) A statement indicating that the motion, application, or 533
resolution is an amendment to the zoning resolution; 534

       (3) The time and place where the text and maps of the 535
proposed amendment will be available for examination for a period 536
of at least ten days prior to the ~~public~~ hearing; 537

       (4) The name of the person responsible for giving notice of 538
the ~~public~~ hearing by publication; 539

       (5) Any other information requested by the board. 540

       (H) Within twenty days after ~~such~~its public hearing, the 541
board of county commissioners shall either adopt or deny the 542
recommendation of the county rural zoning commission or adopt some 543
modification of it. If the board denies or modifies the 544
commission's recommendation ~~of the county rural zoning commission~~, 545
the unanimous vote of the board shall be required. 546

       ~~Such~~The proposed amendment, if adopted by the board, shall 547
become effective in thirty days after the date of ~~such~~its 548
adoption, unless, within thirty days after the adoption ~~of the~~ 549
~~amendment~~, there is presented to the board of county commissioners 550
a petition, signed by a number of qualified voters residing in the 551
unincorporated area of the township or part of that unincorporated 552
area included in the zoning plan equal to not less than eight per 553
cent of the total vote cast for all candidates for governor in 554
~~such~~that area at the most recent general election at which a 555
governor was elected, requesting the board to submit the amendment 556
to the electors of ~~such~~that area, for approval or rejection, at a 557
special election to be held on the day of the next primary or 558
general election. Each part of this petition shall contain the 559
number and the full and correct title, if any, of the zoning 560
amendment resolution, motion, or application, furnishing the name 561
by which the amendment ~~proposal~~ is known and a brief summary of 562
its contents. In addition to meeting the requirements of this 563
section, each petition shall be governed by the rules specified in 564
section 3501.38 of the Revised Code. 565

       The form of a petition calling for a zoning referendum and 566
the statement of the circulator shall be substantially as follows: 567

"PETITION FOR ZONING REFERENDUM 568

(if the proposal is identified by a particular name or number, or 569
both, these should be inserted here) ........................ 570

       A proposal to amend the zoning map of the unincorporated area 571
of .............. Township, ................... County, Ohio, 572
adopted ....... (date) .......... (followed by brief summary of 573
the proposal). 574

       To the Board of County Commissioners of .................. 575
County, Ohio: 576

       We, the undersigned, being electors residing in the 577
unincorporated area of ............... Township, included within 578
the ................. County Zoning Plan, equal to not less than 579
eight per cent of the total vote cast for all candidates for 580
governor in the area at the preceding general election at which a 581
governor was elected, request the Board of County Commissioners to 582
submit this amendment of the zoning resolution to the electors of 583
............. Township residing within the unincorporated area of 584
the township included in the ............... County Zoning 585
Resolution, for approval or rejection at a special election to be 586
held on the day of the next primary or general election to be held 587
on ........(date)......., pursuant to section 303.12 of the 588
Revised Code. 589

Street Address Date of 590
Signature or R.F.D. Township Precinct County Signing 591

.............................................................. 592

.............................................................. 593

STATEMENT OF CIRCULATOR 594

I, .....................(name of circulator)..................., 595
declare under penalty of election falsification that I am an 596
elector of the state of Ohio and reside at the address appearing 597
below my signature; that I am the circulator of the foregoing part 598
petition containing .....(number)....... signatures; that I have 599
witnessed the affixing of every signature; that all signers were 600
to the best of my knowledge and belief qualified to sign; and that 601
every signature is to the best of my knowledge and belief the 602
signature of the person whose signature it purports to be or of an 603
attorney in fact acting pursuant to section 3501.382 of the 604
Revised Code. 605

................................ 606

(Signature of circulator) 607

................................ 608

(Address) 609

................................ 610

(City, village, or township, 611
and zip code) 612

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 613
OF THE FIFTH DEGREE." 614

       No amendment for which such a referendum vote has been 615
requested shall be put into effect unless a majority of the vote 616
cast on the issue is in favor of the amendment. Upon certification 617
by the board of elections that the amendment has been approved by 618
the voters, it shall take immediate effect. 619

       Within five working days after an amendment's effective date, 620
the board of county commissioners shall file the text and maps of 621
the amendment in the office of the county recorder and with the 622
regional or county planning commission, if one exists. 623

       ~~The board shall file all amendments, including text and maps,~~ 624
~~that are in effect on January 1, 1992, in the office of the county~~ 625
~~recorder within thirty working days after that date. The board~~ 626
~~shall also file duplicates of the same documents with the regional~~ 627
~~or county planning commission, if one exists, within the same~~ 628
~~period.~~ 629

       The failure to file any amendment, or any text and maps, or 630
duplicates of any of these documents, with the office of the 631
county recorder or the county or regional planning commission as 632
required by this section does not invalidate the amendment and is 633
not grounds for an appeal of any decision of the board of zoning 634
appeals. 635

       Sec. 306.70. A tax proposed to be levied by a board of 636
county commissioners or by the board of trustees of a regional 637
transit authority pursuant to sections 5739.023 and 5741.022 of 638
the Revised Code shall not become effective until it is submitted 639
to the electors residing within the county or within the 640
territorial boundaries of the regional transit authority and 641
approved by a majority of the electors voting ~~thereon~~on it. Such 642
question shall be submitted at a general election or at a special 643
election on a day specified in the resolution levying the tax and 644
occurring not less than seventy-five days after such resolution is 645
certified to the board of elections, in accordance with section 646
3505.071 of the Revised Code. 647

       The board of elections of the county or of each county in 648
which any territory of the regional transit authority is located 649
shall make the necessary arrangements for the submission of such 650
question to the electors of the county or regional transit 651
authority, and the election shall be held, canvassed, and 652
certified in the same manner as regular elections for the election 653
of county officers. Notice of the election shall be published in 654
one or more newspapers which in the aggregate are of general 655
circulation in the territory of the county or of the regional 656
transit authority ~~once a~~twice during the week ~~for four~~ 657
~~consecutive weeks~~ prior to the election ~~stating~~and shall be 658
posted on the board of elections' web site, or, if the board does 659
not operate and maintain its own web site, on the web site it 660
operates and maintains on free internet space under section 661
3501.24 of the Revised Code, for thirty days prior to the 662
election. The notice shall state the type, rate, and purpose of 663
the tax to be levied, the length of time during which the tax will 664
be in effect, and the time and place of the election. 665

       More than one such question may be submitted at the same 666
election. The form of the ballots cast at such election shall be: 667

       "Shall a(n) ................ (sales and use) ............. 668
tax be levied for all transit purposes of the .................. 669
(here insert name of the county or regional transit authority) at 670
a rate not exceeding ................... (here insert percentage) 671
per cent for ................ (here insert number of years the tax 672
is to be in effect, or that it is to be in effect for a continuing 673
period of time)?" 674

       If the tax proposed to be levied is a continuation of an 675
existing tax, whether at the same rate or at an increased or 676
reduced rate, or an increase in the rate of an existing tax, the 677
notice and ballot form shall so state. 678

       The board of elections to which the resolution was certified 679
shall certify the results of the election to the county auditor of 680
the county or secretary-treasurer of the regional transit 681
authority levying the tax and to the tax commissioner of the 682
state. 683

       Sec. 307.791. The question of repeal of a county sediment 684
control rule adopted under section 307.79 of the Revised Code may 685
be initiated by filing with the board of elections of the county 686
not less than seventy-five days before the general or primary 687
election in any year a petition requesting that an election be 688
held on such question. Such petition shall be signed by qualified 689
electors residing in the county equal in number to ten per cent of 690
those voting for governor at the most recent gubernatorial 691
election in the county. 692

       After determination by it that such petition is valid, the 693
board of elections shall submit the question to the electors of 694
the county at the next general or primary election. The election 695
shall be conducted, canvassed, and certified in the same manner as 696
regular elections for county offices in the county. Notice of the 697
election shall be published in a newspaper of general circulation 698
in the county ~~once a~~twice during the week ~~for four consecutive~~ 699
~~weeks~~ prior to the election~~, stating~~and shall be posted on the 700
board of elections' web site, or, if the board does not operate 701
and maintain its own web site, on the web site it operates and 702
maintains on free internet space under section 3501.24 of the 703
Revised Code, for thirty days prior to the election. The notice 704
shall state the purpose, ~~the~~ time, ~~the~~and place of the election, 705
and the complete text of each rule sought to be repealed. The form 706
of the ballot cast at such election shall be prescribed by the 707
secretary of state. The question covered by such petition shall be 708
submitted as a separate proposition, but it may be printed on the 709
same ballot with any other proposition submitted at the same 710
election other than the election of officers. If a majority of the 711
qualified electors voting on the question of repeal approve the 712
repeal, the result of the election shall be certified immediately 713
after the canvass by the board of elections to the board of county 714
commissioners, who shall thereupon rescind the rule. 715

       Sec. 322.021. The question of a repeal of a county 716
permissive tax adopted as an emergency measure pursuant to 717
division (B) of section 322.02 of the Revised Code may be 718
initiated by filing with the board of elections of the county not 719
less than seventy-five days before the general election in any 720
year a petition requesting that an election be held on such 721
question. Such petition shall be signed by qualified electors 722
residing in the county equal in number to ten per cent of those 723
voting for governor at the most recent gubernatorial election. 724

       After determination by it that such petition is valid, the 725
board of elections shall submit the question to the electors of 726
the county at the next general election. The election shall be 727
conducted, canvassed, and certified in the same manner as regular 728
elections for county offices in the county. Notice of the election 729
shall be published in a newspaper of general circulation in the 730
district ~~once a~~twice during the week ~~for four consecutive weeks~~ 731
prior to the election~~, stating~~and shall be posted on the board of 732
elections' web site, or, if the board does not operate and 733
maintain its own web site, on the web site it operates and 734
maintains on free internet space under section 3501.24 of the 735
Revised Code, for thirty days prior to the election. The notice 736
shall state the purpose, time, and place of the election. The form 737
of the ballot cast at such election shall be prescribed by the 738
secretary of state. The question covered by such petition shall be 739
submitted as a separate proposition, but it may be printed on the 740
same ballot with any other proposition submitted at the same 741
election other than the election of officers. If a majority of the 742
qualified electors voting on the question of repeal approve the 743
repeal, the result of the election shall be certified immediately 744
after the canvass by the board of elections to the board of county 745
commissioners, who shall thereupon, after the current year, cease 746
to levy the tax. 747

       Sec. 324.021. The question of repeal of a county permissive 748
tax adopted as an emergency measure pursuant to section 324.02 of 749
the Revised Code may be initiated by filing with the board of 750
elections of the county not less than seventy-five days before the 751
general election in any year a petition requesting that an 752
election be held on such question. Such petition shall be signed 753
by qualified electors residing in the county equal in number to 754
ten per cent of those voting for governor at the most recent 755
gubernatorial election. 756

       After determination by it that such petition is valid, the 757
board of elections shall submit the question to the electors of 758
the county at the next general election. The election shall be 759
conducted, canvassed, and certified in the same manner as regular 760
elections for county offices in the county. Notice of the election 761
shall be published in a newspaper of general circulation in the 762
district ~~once a~~twice during the week ~~for four consecutive weeks~~ 763
prior to the election~~, stating~~and shall be posted on the board of 764
elections' web site, or, if the board does not operate and 765
maintain its own web site, on the web site it operates and 766
maintains on free internet space under section 3501.24 of the 767
Revised Code, for thirty days prior to the election. The notice 768
shall state the purpose, ~~the~~ time, and ~~the~~ place of the election. 769
The form of the ballot cast at such election shall be prescribed 770
by the secretary of state. The question covered by such petition 771
shall be submitted as a separate proposition, but it may be 772
printed on the same ballot with any other proposition submitted at 773
the same election other than the election of officers. If a 774
majority of the qualified electors voting on the question of 775
repeal approve the repeal, the result of the election shall be 776
certified immediately after the canvass by the board of elections 777
to the board of county commissioners, who shall thereupon, after 778
the current year, cease to levy the tax. 779

       Sec. 503.162. (A) After certification of a resolution as 780
provided in section 503.161 of the Revised Code, the board of 781
elections shall submit the question of whether the township's name 782
shall be changed to the electors of the unincorporated area of the 783
township in accordance with division (C) of that section, and the 784
ballot language shall be substantially as follows: 785

       "Shall the township of .......... (name) change its name to 786
........ (proposed name)? 787

       .......... For name change 788

       .......... Against name change" 789

       (B)(1) At least forty-five days before the election on this 790
question, the board of township trustees shall provide notice of 791
the election and an explanation of the proposed name change twice 792
in a newspaper of general circulation in the township ~~for three~~ 793
~~consecutive weeks~~ and shall post the notice and explanation in 794
five conspicuous places in the unincorporated area of the 795
township. 796

       (2) For at least thirty days before the election on this 797
question, the board of elections shall post notice of the election 798
and an explanation of the proposed name change on the board's web 799
site or, if the board does not operate and maintain its own web 800
site, on the web site it operates and maintains on free internet 801
space under section 3501.24 of the Revised Code. 802

       (C) If a majority of the votes cast on the proposition of 803
changing the township's name is in the affirmative, the name 804
change is adopted and becomes effective ninety days after the 805
board of elections certifies the election results to the fiscal 806
officer of the township. Upon receipt of the certification of the 807
election results from the board of elections, the fiscal officer 808
of the township shall send a copy of that certification to the 809
secretary of state. 810

       (D) A change in the name of a township shall not alter the 811
rights or liabilities of the township as previously named. 812

       Sec. 504.02. (A) After certification of a resolution as 813
provided in division (A), (B), or (D) of section 504.01 of the 814
Revised Code, the board of elections shall submit the question of 815
whether to adopt a limited home rule government to the electors of 816
the unincorporated area of the township, and the ballot language 817
shall be substantially as follows: 818

       "Shall the township of ........... (name) adopt a limited 819
home rule government, under which government the board of township 820
trustees, by resolution, may exercise limited powers of local 821
self-government and limited police powers? 822

...... For adoption of a limited home rule government 823

...... Against adoption of a limited home rule government" 824

       (B)(1) At least forty-five days before the election on this 825
question, the board of township trustees shall have notice of the 826
election and a description of the proposed limited home rule 827
government published twice in a newspaper of general circulation 828
in the township ~~for three consecutive weeks~~ and have the notice 829
and description posted in five conspicuous places in the 830
unincorporated area of the township. 831

       (2) For at least thirty days before the election on this 832
question, the board of elections shall post notice of the election 833
and a description of the proposed limited home rule government on 834
the board's web site or, if the board does not operate and 835
maintain its own web site, on the web site it operates and 836
maintains on free internet space under section 3501.24 of the 837
Revised Code. 838

       (C) If a majority of the votes cast on the proposition of 839
adopting a limited home rule government is in the affirmative, 840
that government is adopted and becomes the government of the 841
township on the first day of January immediately following the 842
election. 843

       Sec. 504.03. (A)(1) If a limited home rule government is 844
adopted pursuant to section 504.02 of the Revised Code, it shall 845
remain in effect for at least three years except as otherwise 846
provided in division (B) of this section. At the end of that 847
period, if the board of township trustees determines that that 848
government is not in the best interests of the township, it may 849
adopt a resolution causing the board of elections to submit to the 850
electors of the unincorporated area of the township the question 851
of whether the township should continue the limited home rule 852
government. The question shall be voted upon at the next general 853
election occurring at least seventy-five days after the 854
certification of the resolution to the board of elections. After 855
certification of the resolution, the board of elections shall 856
submit the question to the electors of the unincorporated area of 857
the township, and the ballot language shall be substantially as 858
follows: 859

       "Shall the township of ........... (name) continue the 860
limited home rule government under which it is operating? 861

...... For continuation of the limited home rule government 862

...... Against continuation of the limited home rule government" 863

       (2)(a) At least forty-five days before the election on the 864
question of continuing the limited home rule government, the board 865
of township trustees shall have notice of the election published 866
twice in a newspaper of general circulation in the township ~~for~~ 867
~~three consecutive weeks~~ and have the notice posted in five 868
conspicuous places in the unincorporated area of the township. 869

       (b) For at least thirty days before the election on the 870
question of continuing the limited home rule government, the board 871
of elections shall post notice of the election on the board's web 872
site or, if the board does not operate and maintain its own web 873
site, on the web site it operates and maintains on free internet 874
space under section 3501.24 of the Revised Code. 875

       (B) The electors of a township that has adopted a limited 876
home rule government may propose at any time by initiative 877
petition, in accordance with section 504.14 of the Revised Code, a 878
resolution submitting to the electors in the unincorporated area 879
of the township, in an election, the question set forth in 880
division (A)(1) of this section. 881

       (C) If a majority of the votes cast under division (A) or (B) 882
of this section on the proposition of continuing the limited home 883
rule government is in the negative, that government is terminated 884
effective on the first day of January immediately following the 885
election, and a limited home rule government shall not be adopted 886
in the unincorporated area of the township pursuant to section 887
504.02 of the Revised Code for at least three years after that 888
date. 889

       (D) If a limited home rule government is terminated under 890
this section, the board of township trustees immediately shall 891
adopt a resolution repealing all resolutions adopted pursuant to 892
this chapter that are not authorized by any other section of the 893
Revised Code outside this chapter, effective on the first day of 894
January immediately following the election described in division 895
(A) or (B) of this section. However, no resolution adopted under 896
this division shall affect or impair the obligations of the 897
township under any security issued or contracts entered into by 898
the township in connection with the financing of any water supply 899
facility or sewer improvement under sections 504.18 to 504.20 of 900
the Revised Code or the authority of the township to collect or 901
enforce any assessments or other revenues constituting security 902
for or source of payments of debt service charges of those 903
securities. 904

       (E) Upon the termination of a limited home rule government 905
under this section, if the township had converted its board of 906
township trustees to a five-member board before ~~the effective date~~ 907
~~of this amendment~~September 26, 2003, the current board member who 908
received the lowest number of votes of the current board members 909
who were elected at the most recent election for township 910
trustees, and the current board member who received the lowest 911
number of votes of the current board members who were elected at 912
the second most recent election for township trustees, shall cease 913
to be township trustees on the date that the limited home rule 914
government terminates. Their offices likewise shall cease to exist 915
at that time, and the board shall continue as a three-member board 916
as provided in section 505.01 of the Revised Code. 917

       Sec. 511.28. A copy of any resolution for a tax levy adopted 918
by the township board of park commissioners as provided in section 919
511.27 of the Revised Code shall be certified by the clerk of the 920
board of park commissioners to the board of elections of the 921
proper county, together with a certified copy of the resolution 922
approving the levy, passed by the board of township trustees if 923
such a resolution is required by division (C) of section 511.27 of 924
the Revised Code, not less than seventy-five days before a general 925
or primary election in any year. The board of elections shall 926
submit the proposal to the electors as provided in section 511.27 927
of the Revised Code at the succeeding general or primary election. 928
A resolution to renew an existing levy may not be placed on the 929
ballot unless the question is submitted at the general election 930
held during the last year the tax to be renewed may be extended on 931
the real and public utility property tax list and duplicate, or at 932
any election held in the ensuing year. The board of park 933
commissioners shall cause notice that the vote will be taken to be 934
published ~~once a~~twice during the week ~~for four consecutive weeks~~ 935
prior to the election in a newspaper of general circulation in the 936
county within which the park district is located. Additionally, 937
the board of elections shall post that notice on its web site, or, 938
if the board does not operate and maintain its own web site, on 939
the web site it operates and maintains on free internet space 940
under section 3501.24 of the Revised Code, for thirty days prior 941
to the election. The notice shall state the purpose of the 942
proposed levy, the annual rate proposed expressed in dollars and 943
cents for each one hundred dollars of valuation as well as in 944
mills for each one dollar of valuation, the number of consecutive 945
years during which the levy shall be in effect, and the time and 946
place of the election. 947

       The form of the ballots cast at the election shall be: "An 948
additional tax for the benefit of (name of township park district) 949
.......... for the purpose of (purpose stated in the order of the 950
board) .......... at a rate not exceeding .......... mills for 951
each one dollar of valuation, which amounts to (rate expressed in 952
dollars and cents) .......... for each one hundred dollars of 953
valuation, for (number of years the levy is to run) .......... 954

         955

FOR THE TAX LEVY 956
AGAINST THE TAX LEVY " 957

         958

       If the levy submitted is a proposal to renew, increase, or 959
decrease an existing levy, the form of the ballot specified in 960
this section may be changed by substituting for the words "An 961
additional" at the beginning of the form, the words "A renewal of 962
a" in the case of a proposal to renew an existing levy in the same 963
amount; the words "A renewal of .......... mills and an increase 964
of .......... mills to constitute a" in the case of an increase; 965
or the words "A renewal of part of an existing levy, being a 966
reduction of .......... mills, to constitute a" in the case of a 967
decrease in the rate of the existing levy. 968

       If the tax is to be placed on the current tax list, the form 969
of the ballot shall be modified by adding, after the statement of 970
the number of years the levy is to run, the phrase ", commencing 971
in .......... (first year the tax is to be levied), first due in 972
calendar year .......... (first calendar year in which the tax 973
shall be due)." 974

       The question covered by the order shall be submitted as a 975
separate proposition, but may be printed on the same ballot with 976
any other proposition submitted at the same election, other than 977
the election of officers. More than one such question may be 978
submitted at the same election. 979

       Sec. 511.34. In townships composed of islands, and on one of 980
which islands lands have been conveyed in trust for the benefit of 981
the inhabitants of the island for use as a park, and a board of 982
park trustees has been provided for the control of the park, the 983
board of township trustees may create a tax district of the island 984
to raise funds by taxation as provided under divisions (A) and (B) 985
of this section. 986

       (A) For the care and maintenance of parks on the island, the 987
board of township trustees annually may levy a tax, not to exceed 988
one mill, upon all the taxable property in the district. The tax 989
shall be in addition to all other levies authorized by law, and 990
subject to no limitation on tax rates except as provided in this 991
division. 992

       The proceeds of the tax levy shall be expended by the board 993
of township trustees for the purpose of the care and maintenance 994
of the parks, and shall be paid out of the township treasury upon 995
the orders of the board of park trustees. 996

       (B) For the purpose of acquiring additional land for use as a 997
park, the board of township trustees may levy a tax in excess of 998
the ten-mill limitation on all taxable property in the district. 999
The tax shall be proposed by resolution adopted by two-thirds of 1000
the members of the board of township trustees. The resolution 1001
shall specify the purpose and rate of the tax and the number of 1002
years the tax will be levied, which shall not exceed five years, 1003
and which may include a levy on the current tax list and 1004
duplicate. The resolution shall go into immediate effect upon its 1005
passage, and no publication of the resolution is necessary other 1006
than that provided for in the notice of election. The board of 1007
township trustees shall certify a copy of the resolution to the 1008
proper board of elections not later than seventy-five days before 1009
the primary or general election in the township, and the board of 1010
elections shall submit the question of the tax to the voters of 1011
the district at the succeeding primary or general election. The 1012
board of elections shall make the necessary arrangements for the 1013
submission of the question to the electors of the district, and 1014
the election shall be conducted, canvassed, and certified in the 1015
same manner as regular elections in the township for the election 1016
of officers. Notice of the election shall be published in a 1017
newspaper of general circulation in the township ~~once a~~twice 1018
during the week ~~for four consecutive weeks~~ prior to the election, 1019
~~stating~~and shall be posted on the board of elections' web site, 1020
or, if the board does not operate and maintain its own web site, 1021
on the web site it operates and maintains on free internet space 1022
under section 3501.24 of the Revised Code, for thirty days prior 1023
to the election. The notice shall state the purpose of the tax, 1024
the proposed rate of the tax, expressed in dollars and cents for 1025
each one hundred dollars of valuation and mills for each one 1026
dollar of valuation, the number of years the tax will be in effect 1027
~~and~~, the first year the tax will be levied, and the time and place 1028
of the election. 1029

       The form of the ballots cast at an election held under this 1030
division shall be as follows: 1031

       "An additional tax for the benefit of ......... (name of the 1032
township) for the purpose of acquiring additional park land at a 1033
rate of ......... mills for each one dollar of valuation, which 1034
amounts to ........ (rate expressed in dollars and cents) for each 1035
one hundred dollars of valuation, for ......... (number of years 1036
the levy is to run) beginning in ........... (first year the tax 1037
will be levied). 1038

         1039

FOR THE TAX LEVY 1040
AGAINST THE TAX LEVY " 1041

         1042

       The question shall be submitted as a separate proposition but 1043
may be printed on the same ballot with any other proposition 1044
submitted at the same election other than the election of 1045
officers. More than one such question may be submitted at the same 1046
election. 1047

       If the levy is approved by a majority of electors voting on 1048
the question, the board of elections shall certify the result of 1049
the election to the tax commissioner. In the first year of the 1050
levy, the tax shall be extended on the tax lists after the 1051
February settlement following the election. If the tax is to be 1052
placed on the tax lists of the current year as specified in the 1053
resolution, the board of elections shall certify the result of the 1054
election immediately after the canvass to the board of township 1055
trustees, which shall forthwith make the necessary levy and 1056
certify the levy to the county auditor, who shall extend the levy 1057
on the tax lists for collection. After the first year of the levy, 1058
the levy shall be included in the annual tax budget that is 1059
certified to the county budget commission. 1060

       Sec. 513.14. The board of elections shall advertise the 1061
proposed tax levy question mentioned in section 513.13 of the 1062
Revised Code, in two newspapers of opposite political faith, if 1063
two such newspapers are published in the joint township hospital 1064
district, or otherwise, in one newspaper, published or of general 1065
circulation in the proposed township hospital district, ~~once a~~ 1066
twice during the week ~~for three weeks immediately preceding such~~ 1067
prior to the election and shall advertise that proposed tax levy 1068
question on its web site, or, if the board does not operate and 1069
maintain its own web site, on the web site it operates and 1070
maintains on free internet space under section 3501.24 of the 1071
Revised Code, for thirty days prior to the election. 1072

       Sec. 519.12. (A)(1) Amendments to the zoning resolution may 1073
be initiated by motion of the township zoning commission, by the 1074
passage of a resolution by the board of township trustees, or by 1075
the filing of an application by one or more of the owners or 1076
lessees of property within the area proposed to be changed or 1077
affected by the proposed amendment with the township zoning 1078
commission. The board of township trustees may require that the 1079
owner or lessee of property filing an application to amend the 1080
zoning resolution pay a fee to defray the cost of advertising, 1081
mailing, filing with the county recorder, and other expenses. If 1082
the board of township trustees requires such a fee, it shall be 1083
required generally, for each application. The board of township 1084
trustees, upon the passage of such a resolution, shall certify it 1085
to the township zoning commission. 1086

       (2) Upon the adoption of a motion by the township zoning 1087
commission, the certification of a resolution by the board of 1088
township trustees to the commission, or the filing of an 1089
application by property owners or lessees as described in division 1090
(A)(1) of this section with the commission, the commission shall 1091
set a date for a public hearing, which date shall not be less than 1092
twenty nor more than forty days from the date of the certification 1093
of such a resolution, the date of adoption of such a motion, or 1094
the date of the filing of such an application. Notice of the 1095
hearing shall be given by the commission by one publication in one 1096
or more newspapers of general circulation in the township at least 1097
ten days before the date of the hearing. 1098

       (B) If the proposed amendment intends to rezone or redistrict 1099
ten or fewer parcels of land, as listed on the county auditor's 1100
current tax list, written notice of the hearing shall be mailed by 1101
the township zoning commission, by first class mail, at least ten 1102
days before the date of the public hearing to all owners of 1103
property within and contiguous to and directly across the street 1104
from the area proposed to be rezoned or redistricted to the 1105
addresses of those owners appearing on the county auditor's 1106
current tax list. The failure of delivery of that notice shall not 1107
invalidate any such amendment. 1108

       (C) If the proposed amendment intends to rezone or redistrict 1109
ten or fewer parcels of land as listed on the county auditor's 1110
current tax list, the published and mailed notices shall set forth 1111
the time, date, and place of the public hearing and include all of 1112
the following: 1113

       (1) The name of the township zoning commission that will be 1114
conducting the hearing; 1115

       (2) A statement indicating that the motion, resolution, or 1116
application is an amendment to the zoning resolution; 1117

       (3) A list of the addresses of all properties to be rezoned 1118
or redistricted by the proposed amendment and of the names of 1119
owners of those properties, as they appear on the county auditor's 1120
current tax list; 1121

       (4) The present zoning classification of property named in 1122
the proposed amendment and the proposed zoning classification of 1123
that property; 1124

       (5) The time and place where the motion, resolution, or 1125
application proposing to amend the zoning resolution will be 1126
available for examination for a period of at least ten days prior 1127
to the hearing; 1128

       (6) The name of the person responsible for giving notice of 1129
the hearing by publication, by mail, or by both publication and 1130
mail; 1131

       (7) ~~Any other information requested by the commission;~~ 1132

       ~~(8)~~ A statement that, after the conclusion of the hearing, 1133
the matter will be submitted to the board of township trustees for 1134
its action; 1135

       (8) Any other information requested by the commission. 1136

       (D) If the proposed amendment alters the text of the zoning 1137
resolution, or rezones or redistricts more than ten parcels of 1138
land as listed on the county auditor's current tax list, the 1139
published notice shall set forth the time, date, and place of the 1140
public hearing and include all of the following: 1141

       (1) The name of the township zoning commission that will be 1142
conducting the hearing on the proposed amendment; 1143

       (2) A statement indicating that the motion, application, or 1144
resolution is an amendment to the zoning resolution; 1145

       (3) The time and place where the text and maps of the 1146
proposed amendment will be available for examination for a period 1147
of at least ten days prior to the hearing; 1148

       (4) The name of the person responsible for giving notice of 1149
the hearing by publication; 1150

       (5) A statement that, after the conclusion of the hearing, 1151
the matter will be submitted to the board of township trustees for 1152
its action; 1153

       (6) Any other information requested by the commission. 1154

       (E) Within five days after the adoption of the motion 1155
described in division (A) of this section, the certification of 1156
the resolution described in division (A) of this section, or the 1157
filing of the application described in division (A) of this 1158
section, the township zoning commission shall transmit a copy of 1159
it together with text and map pertaining to it to the county or 1160
regional planning commission, if there is such a commission. 1161

       The county or regional planning commission shall recommend 1162
the approval or denial of the proposed amendment or the approval 1163
of some modification of it and shall submit its recommendation to 1164
the township zoning commission. The recommendation shall be 1165
considered at the public hearing held by the township zoning 1166
commission on the proposed amendment. 1167

       The township zoning commission, within thirty days after the 1168
hearing, shall recommend the approval or denial of the proposed 1169
amendment, or the approval of some modification of it, and submit 1170
that recommendation together with the motion, application, or 1171
resolution involved, the text and map pertaining to the proposed 1172
amendment, and the recommendation of the county or regional 1173
planning commission on it to the board of township trustees. 1174

       The board of township trustees, upon receipt of that 1175
recommendation, shall set a time for a public hearing on the 1176
proposed amendment, which date shall not be more than thirty days 1177
from the date of the receipt of that recommendation. Notice of the 1178
hearing shall be given by the board by one publication in one or 1179
more newspapers of general circulation in the township, at least 1180
ten days before the date of the hearing. 1181

       (F) If the proposed amendment intends to rezone or redistrict 1182
ten or fewer parcels of land as listed on the county auditor's 1183
current tax list, the published notice shall set forth the time, 1184
date, and place of the public hearing and include all of the 1185
following: 1186

       (1) The name of the board of township trustees that will be 1187
conducting the hearing; 1188

       (2) A statement indicating that the motion, application, or 1189
resolution is an amendment to the zoning resolution; 1190

       (3) A list of the addresses of all properties to be rezoned 1191
or redistricted by the proposed amendment and of the names of 1192
owners of those properties, as they appear on the county auditor's 1193
current tax list; 1194

       (4) The present zoning classification of property named in 1195
the proposed amendment and the proposed zoning classification of 1196
that property; 1197

       (5) The time and place where the motion, application, or 1198
resolution proposing to amend the zoning resolution will be 1199
available for examination for a period of at least ten days prior 1200
to the hearing; 1201

       (6) The name of the person responsible for giving notice of 1202
the hearing by publication, by mail, or by both publication and 1203
mail; 1204

       (7) Any other information requested by the board. 1205

       (G) If the proposed amendment alters the text of the zoning 1206
resolution, or rezones or redistricts more than ten parcels of 1207
land as listed on the county auditor's current tax list, the 1208
published notice shall set forth the time, date, and place of the 1209
public hearing and include all of the following: 1210

       (1) The name of the board of township trustees that will be 1211
conducting the hearing on the proposed amendment; 1212

       (2) A statement indicating that the motion, application, or 1213
resolution is an amendment to the zoning resolution; 1214

       (3) The time and place where the text and maps of the 1215
proposed amendment will be available for examination for a period 1216
of at least ten days prior to the hearing; 1217

       (4) The name of the person responsible for giving notice of 1218
the hearing by publication; 1219

       (5) Any other information requested by the board. 1220

       (H) Within twenty days after its public hearing, the board of 1221
township trustees shall either adopt or deny the recommendations 1222
of the township zoning commission or adopt some modification of 1223
them. If the board denies or modifies the commission's 1224
recommendations, the unanimous vote of the board shall be 1225
required. 1226

        The proposed amendment, if adopted by the board, shall become 1227
effective in thirty days after the date of its adoption, unless, 1228
within thirty days after the adoption, there is presented to the 1229
board of township trustees a petition, signed by a number of 1230
registered electors residing in the unincorporated area of the 1231
township or part of that unincorporated area included in the 1232
zoning plan equal to not less than eight per cent of the total 1233
vote cast for all candidates for governor in that area at the most 1234
recent general election at which a governor was elected, 1235
requesting the board of township trustees to submit the amendment 1236
to the electors of that area for approval or rejection at a 1237
special election to be held on the day of the next primary or 1238
general election that occurs at least seventy-five days after the 1239
petition is filed. Each part of this petition shall contain the 1240
number and the full and correct title, if any, of the zoning 1241
amendment resolution, motion, or application, furnishing the name 1242
by which the amendment is known and a brief summary of its 1243
contents. In addition to meeting the requirements of this section, 1244
each petition shall be governed by the rules specified in section 1245
3501.38 of the Revised Code. 1246

       The form of a petition calling for a zoning referendum and 1247
the statement of the circulator shall be substantially as follows: 1248

"PETITION FOR ZONING REFERENDUM 1249

(if the proposal is identified by a particular name or number, or 1250
both, these should be inserted here) ....................... 1251

       A proposal to amend the zoning map of the unincorporated area 1252
of ............. Township, ................. County, Ohio, adopted 1253
.....(date)..... (followed by brief summary of the proposal). 1254

       To the Board of Township Trustees of ..................... 1255
Township, ................. County, Ohio: 1256

...................... County, Ohio: 1257

       We, the undersigned, being electors residing in the 1258
unincorporated area of ....................... Township, included 1259
within the ............. Township Zoning Plan, equal to not less 1260
than eight per cent of the total vote cast for all candidates for 1261
governor in the area at the preceding general election at which a 1262
governor was elected, request the Board of Township Trustees to 1263
submit this amendment of the zoning resolution to the electors of 1264
........................ Township residing within the 1265
unincorporated area of the township included in the 1266
.................. Township Zoning Resolution, for approval or 1267
rejection at a special election to be held on the day of the 1268
primary or general election to be held on .....(date)....., 1269
pursuant to section 519.12 of the Revised Code. 1270

Street Address Date of 1271
Signature or R.F.D. Township Precinct County Signing 1272

.............................................................. 1273

.............................................................. 1274

STATEMENT OF CIRCULATOR 1275

I, .............(name of circulator).........., declare under 1276
penalty of election falsification that I am an elector of the 1277
state of Ohio and reside at the address appearing below my 1278
signature; that I am the circulator of the foregoing part petition 1279
containing .......(number)....... signatures; that I have 1280
witnessed the affixing of every signature; that all signers were 1281
to the best of my knowledge and belief qualified to sign; and that 1282
every signature is to the best of my knowledge and belief the 1283
signature of the person whose signature it purports to be or of an 1284
attorney in fact acting pursuant to section 3501.382 of the 1285
Revised Code. 1286

................................ 1287

(Signature of circulator) 1288

................................ 1289

(Address) 1290

................................ 1291

(City, village, or township, 1292
and zip code) 1293

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 1294
OF THE FIFTH DEGREE." 1295

       The petition shall be filed with the board of township 1296
trustees and shall be accompanied by an appropriate map of the 1297
area affected by the zoning proposal. Within two weeks after 1298
receiving a petition filed under this section, the board of 1299
township trustees shall certify the petition to the board of 1300
elections. A petition filed under this section shall be certified 1301
to the board of elections not less than seventy-five days prior to 1302
the election at which the question is to be voted upon. 1303

       The board of elections shall determine the sufficiency and 1304
validity of each petition certified to it by a board of township 1305
trustees under this section. If the board of elections determines 1306
that a petition is sufficient and valid, the question shall be 1307
voted upon at a special election to be held on the day of the next 1308
primary or general election that occurs at least seventy-five days 1309
after the date the petition is filed with the board of township 1310
trustees, regardless of whether any election will be held to 1311
nominate or elect candidates on that day. 1312

       No amendment for which such a referendum vote has been 1313
requested shall be put into effect unless a majority of the vote 1314
cast on the issue is in favor of the amendment. Upon certification 1315
by the board of elections that the amendment has been approved by 1316
the voters, it shall take immediate effect. 1317

       Within five working days after an amendment's effective date, 1318
the board of township trustees shall file the text and maps of the 1319
amendment in the office of the county recorder and with the county 1320
or regional planning commission, if one exists. 1321

       The failure to file any amendment, or any text and maps, or 1322
duplicates of any of these documents, with the office of the 1323
county recorder or the county or regional planning commission as 1324
required by this section does not invalidate the amendment and is 1325
not grounds for an appeal of any decision of the board of zoning 1326
appeals. 1327

       Sec. 745.07. An ordinance passed pursuant to section 745.06 1328
of the Revised Code, shall not take effect until submitted to the 1329
electors of the municipal corporation, at a special or general 1330
election held ~~therein~~in the municipal corporation at such time as 1331
the legislative authority ~~thereof~~ determines, and approved by a 1332
majority of the electors voting ~~thereon~~on it. The ordinance shall 1333
be passed by an affirmative vote of not less than a majority of 1334
the members of the legislative authority, and shall be subject to 1335
the approval of the mayor as provided by law. The ordinance shall 1336
specify the form or phrasing of the question to be placed upon the 1337
ballot. Thirty days' notice of the election shall be given by 1338
publication ~~once a week for four consecutive weeks~~twice in two 1339
daily or weekly newspapers published or circulated in the 1340
municipal corporation~~, which~~and by posting for that period on the 1341
board of elections' web site or, if the board does not operate and 1342
maintain its own web site, on the web site it operates and 1343
maintains on free internet space under section 3501.24 of the 1344
Revised Code. The notice shall contain the full form or phrasing 1345
of the question to be submitted. The clerk of the legislative 1346
authority shall certify the passage of ~~such~~the ordinance to the 1347
officers having control of elections in ~~such~~the municipal 1348
corporation, who shall cause ~~such~~the question to be voted on at 1349
the general or special election as specified in the ordinance. 1350

       Sec. 747.11. The board of rapid transit commissioners may 1351
grant to any corporation organized for street or interurban 1352
railway purposes the right to operate, by lease or otherwise, the 1353
depots, terminals, and railways mentioned in section 747.08 of the 1354
Revised Code upon such terms as the board is authorized by 1355
ordinance to agree upon with such corporation, subject to the 1356
approval of a majority of the electors of the city voting ~~thereon~~ 1357
on the question. 1358

       The board of rapid transit commissioners shall certify such 1359
lease or agreement to the board of elections, which shall then 1360
submit the question of the approval of such lease or agreement to 1361
the qualified electors of the city at either a special or general 1362
election as the ordinance specifies. Thirty days' notice of the 1363
election shall be given by publication twice in one or more of the 1364
newspapers published in the city, ~~once a week for four consecutive~~ 1365
~~weeks prior to the time of holding such election, setting~~and the 1366
board of elections shall post notice of the election for thirty 1367
days prior to the election on its web site or, if the board does 1368
not operate and maintain its own web site, on the web site it 1369
operates and maintains on free internet space under section 1370
3501.24 of the Revised Code. The notice shall set forth the terms 1371
of the lease or agreement and the time of holding the election. On 1372
the approval by a majority of the voters voting at ~~such~~the 1373
election, the corporation may operate such depots, terminals, and 1374
railways as provided in the lease or agreement, and corporations 1375
organized under the laws of this state for street or interurban 1376
railway purposes may lease and operate such depots, terminals, and 1377
railways. 1378

       Sec. 1901.07. (A) All municipal court judges shall be 1379
elected on the nonpartisan ballot for terms of six years. In a 1380
municipal court in which only one judge is to be elected in any 1381
one year, that judge's term commences on the first day of January 1382
after the election. In a municipal court in which two or more 1383
judges are to be elected in any one year, their terms commence on 1384
successive days beginning the first day of January, following the 1385
election, unless otherwise provided by section 1901.08 of the 1386
Revised Code. 1387

       (B) All candidates for municipal court judge may be nominated 1388
either by nominating petition or by primary election, except that 1389
if the jurisdiction of a municipal court extends only to the 1390
corporate limits of the municipal corporation in which the court 1391
is located and that municipal corporation operates under a 1392
charter, all candidates shall be nominated in the same manner 1393
provided in the charter for the office of municipal court judge, 1394
or, if no specific provisions are made in the charter for the 1395
office of municipal court judge, in the same manner as the charter 1396
prescribes for the nomination and election of the legislative 1397
authority of the municipal corporation. 1398

       If ~~a municipal corporation that has a municipal court has a~~ 1399
~~charter that specifies a primary date other than the date~~ 1400
~~specified in division (E) of section 3501.01 of the Revised Code,~~ 1401
~~and if~~ the jurisdiction of ~~the~~a municipal court extends beyond 1402
the corporate limits of the municipal corporation~~, all candidates~~ 1403
~~for the office of municipal judge of that court shall be nominated~~ 1404
~~only by petition.~~ 1405

       Ifin which it is located or if the jurisdiction of the court 1406
does not extend beyond the corporate limits of the municipal 1407
corporation in which it is located and no charter provisions 1408
apply, all candidates for party nomination to the office of 1409
municipal court judge shall file a declaration of candidacy and 1410
petition not later than four p.m. of the seventy-fifth day before 1411
the day of the primary election, or if the primary election is a 1412
presidential primary election, not later than four p.m. of the 1413
sixtieth day before the day of the presidential primary election, 1414
in the form prescribed by section 3513.07 of the Revised Code. The 1415
petition shall conform to the requirements provided for ~~such~~those 1416
petitions of candidacy contained in section 3513.05 of the Revised 1417
Code, except that the petition shall be signed by at least fifty 1418
electors of the territory of the court. If no valid declaration of 1419
candidacy is filed for nomination as a candidate of a political 1420
party for election to the office of municipal court judge, or if 1421
the number of persons filing the declarations of candidacy for 1422
nominations as candidates of one political party for election to 1423
the office does not exceed the number of candidates that that 1424
party is entitled to nominate as its candidates for election to 1425
the office, no primary election shall be held for the purpose of 1426
nominating candidates of that party for election to the office, 1427
and the candidates shall be issued certificates of nomination in 1428
the manner set forth in section 3513.02 of the Revised Code. 1429

       If the jurisdiction of a municipal court extends beyond the 1430
corporate limits of the municipal corporation in which it is 1431
located or if the jurisdiction of the court does not extend beyond 1432
the corporate limits of the municipal corporation in which it is 1433
located and no charter provisions apply, nonpartisan candidates 1434
~~filing~~for the office of municipal court judge shall file 1435
nominating petitions ~~for the office of municipal judge shall file~~ 1436
~~them~~ not later than four p.m. of the day before the day of the 1437
primary election, in the form prescribed by section 3513.261 of 1438
the Revised Code. The petition shall conform to the requirements 1439
provided for ~~such~~those petitions of candidacy contained in 1440
section 3513.257 of the Revised Code, except that the petition 1441
shall be signed by at least fifty electors of the territory of the 1442
court. 1443

       The nominating petition or declaration of candidacy for a 1444
municipal court judge shall contain a designation of the term for 1445
which the candidate seeks election. At the following regular 1446
municipal election, the candidacies of the judges nominated shall 1447
be submitted to the electors of the territory on a nonpartisan, 1448
judicial ballot in the same manner as provided for judges of the 1449
court of common pleas, except that, in a municipal corporation 1450
operating under a charter, all candidates for municipal court 1451
judge shall be elected in conformity with the charter if 1452
provisions are made in the charter for the election of municipal 1453
court judges. 1454

       (C) Notwithstanding divisions (A) and (B) of this section, in 1455
the following municipal courts, the judges shall be nominated and 1456
elected as follows: 1457

       (1) In the Cleveland municipal court, the judges shall be 1458
nominated only by petition. The petition shall be signed by at 1459
least ~~one thousand~~fifty electors of the territory of the court. 1460
It shall be in the statutory form and shall be filed in the manner 1461
and within the time prescribed by the charter of the city of 1462
Cleveland for filing petitions of candidates for municipal 1463
offices. Each elector shall have the right to sign petitions for 1464
as many candidates as are to be elected, but no more. The judges 1465
shall be elected by the electors of the territory of the court in 1466
the manner provided by law for the election of judges of the court 1467
of common pleas. 1468

       (2) In the Toledo municipal court, the judges shall be 1469
nominated only by petition. The petition shall be signed by at 1470
least ~~one thousand~~fifty electors of the territory of the court. 1471
It shall be in the statutory form and shall be filed in the manner 1472
and within the time prescribed by the charter of the city of 1473
Toledo for filing nominating petitions for city council. Each 1474
elector shall have the right to sign petitions for as many 1475
candidates as are to be elected, but no more. The judges shall be 1476
elected by the electors of the territory of the court in the 1477
manner provided by law for the election of judges of the court of 1478
common pleas. 1479

       (3) In the Akron municipal court, the judges shall be 1480
nominated only by petition. The petition shall be signed by at 1481
least ~~two hundred~~ fifty electors of the territory of the court. It 1482
shall be in statutory form and shall be filed in the manner and 1483
within the time prescribed by the charter of the city of Akron for 1484
filing nominating petitions of candidates for municipal offices. 1485
Each elector shall have the right to sign petitions for as many 1486
candidates as are to be elected, but no more. The judges shall be 1487
elected by the electors of the territory of the court in the 1488
manner provided by law for the election of judges of the court of 1489
common pleas. 1490

       (4) In the Hamilton county municipal court, the judges shall 1491
be nominated only by petition. The petition shall be signed by at 1492
least ~~one thousand~~fifty electors of the territory of the court, 1493
which petitions shall be signed, verified, and filed in the manner 1494
and within the time required by law for nominating petitions for 1495
members of council of the city of Cincinnati. The judges shall be 1496
elected by the electors of the territory of the court at the 1497
regular municipal election and in the manner provided by law for 1498
the election of judges of the court of common pleas. 1499

       (5) In the Franklin county municipal court, the judges shall 1500
be nominated only by petition. The petition shall be signed by at 1501
least ~~one thousand~~fifty electors of the territory of the court. 1502
The petition shall be in the statutory form and shall be filed in 1503
the manner and within the time prescribed by the charter of the 1504
city of Columbus for filing petitions of candidates for municipal 1505
offices. The judges shall be elected by the electors of the 1506
territory of the court in the manner provided by law for the 1507
election of judges of the court of common pleas. 1508

       (6) In the Auglaize, Brown, Clermont, Crawford, Hocking, 1509
Jackson, Lawrence, Madison, Miami, Morrow, Portage, and Wayne 1510
county municipal courts, the judges shall be nominated only by 1511
petition. The petitions shall be signed by at least ~~two hundred~~ 1512
fifty electors of the territory of the court and shall conform to 1513
the provisions of this section. 1514

       (D) As used in this section, as to an election for either a 1515
full or an unexpired term, "the territory within the jurisdiction 1516
of the court" means ~~such~~that territory as it will be on the first 1517
day of January after the election. 1518

       Sec. 1901.10. (A)(1)(a) The judges of the municipal court 1519
and officers of the court shall take an oath of office, as 1520
provided in section 3.23 of the Revised Code. The office of judge 1521
of the municipal court is subject to forfeiture, and the judge may 1522
be removed from office, for the causes and by the procedure 1523
provided in sections 3.07 to 3.10 of the Revised Code. A vacancy 1524
in the office of judge exists upon the death, resignation, 1525
forfeiture, removal from office, or absence from official duties 1526
for a period of six consecutive months, as determined under this 1527
section, of the judge and also by reason of the expiration of the 1528
term of an incumbent when no successor has been elected or 1529
qualified. The chief justice of the supreme court may designate a 1530
judge of another municipal court to act until that vacancy is 1531
filled in accordance with section 107.08 of the Revised Code. A 1532
vacancy resulting from the absence of a ~~municipal~~ judge from 1533
official duties for a period of six consecutive months shall be 1534
determined and declared by the legislative authority. 1535

       (b) If a vacancy occurs in the office of judge or clerk of 1536
the municipal court after the one-hundredth day before the first 1537
Tuesday after the first Monday in May and prior to the fortieth 1538
day before the day of the general election, all candidates for 1539
election to ~~such~~the unexpired term ~~for the office~~ of the judge or 1540
clerk ~~of the municipal court~~ shall file nominating petitions with 1541
the board of elections not later than four p.m. on the tenth day 1542
following the day on which the vacancy occurs, ~~provided~~except 1543
that, when the vacancy occurs fewer than six days before the 1544
fortieth day before the general election, the deadline for filing 1545
shall be four p.m. on the thirty-sixth day before the day of the 1546
general election. 1547

       (c) ~~Except as otherwise provided in division (A)(1)(d) of~~ 1548
~~this section, each~~Each nominating petition referred to in 1549
division (A)(1)(b) of this section shall be in the form prescribed 1550
in section 3513.261 of the Revised Code and shall be signed by at 1551
least fifty qualified electors of the territory of the municipal 1552
court ~~not less in number than one per cent of the number of~~ 1553
~~electors who voted for governor at the most recent regular state~~ 1554
~~election in the territory over which such court has jurisdiction,~~ 1555
~~or twenty-five hundred electors, whichever is the lesser number.~~ 1556

       ~~(d) For any such vacancy occurring in the office of judge or~~ 1557
~~clerk of a municipal court named in division (C)(1), (2), (3),~~ 1558
~~(4), (5), or (6) of section 1901.07 of the Revised Code, each~~ 1559
~~nominating petition shall be signed by qualified electors of the~~ 1560
~~territory of the municipal court not less in number than one per~~ 1561
~~cent of the number of electors who voted for governor at the most~~ 1562
~~recent regular state election in the territory over which the~~ 1563
~~court has jurisdiction, or the number of qualified electors~~ 1564
~~required to sign a nominating petition in each of those divisions,~~ 1565
~~as applicable to each particular court, whichever is the lesser~~ 1566
~~number.~~ 1567

       ~~(e) No~~. No nominating petition shall be accepted for filing 1568
or filed if it appears on its face to contain signatures 1569
aggregating in number more than twice the minimum aggregate number 1570
of signatures required by this section. 1571

       (2) If a judge of a municipal court that has only one judge 1572
is temporarily absent, incapacitated, or otherwise unavailable, 1573
the judge may appoint a substitute who has the qualifications 1574
required by section 1901.06 of the Revised Code or a retired judge 1575
of a court of record who is a qualified elector and a resident of 1576
the territory of the court. If the judge is unable to make the 1577
appointment, the chief justice of the supreme court shall appoint 1578
a substitute. The appointee shall serve during the absence, 1579
incapacity, or unavailability of the incumbent, shall have the 1580
jurisdiction and powers conferred upon the judge of the municipal 1581
court, and shall be styled "acting judge." During that time of 1582
service, the acting judge shall sign all process and records and 1583
shall perform all acts pertaining to the office, except that of 1584
removal and appointment of officers of the court. All courts shall 1585
take judicial notice of the selection and powers of the acting 1586
judge. The incumbent judge shall establish the amount of 1587
compensation of an acting judge upon either a per diem, hourly, or 1588
other basis, but the rate of pay shall not exceed the per diem 1589
amount received by the incumbent judge. 1590

       (B) When the volume of cases pending in any municipal court 1591
necessitates an additional judge, the chief justice of the supreme 1592
court, upon the written request of the judge or presiding judge of 1593
that municipal court, may designate a judge of another municipal 1594
court or county court to serve for any period of time that the 1595
chief justice may prescribe. The compensation of a judge so 1596
designated shall be paid from the city treasury or, in the case of 1597
a county-operated municipal court, from the county treasury. In 1598
addition to the annual salary provided for in section 1901.11 of 1599
the Revised Code and in addition to any compensation under 1600
division (A)(5) or (6) of section 141.04 of the Revised Code to 1601
which the judge is entitled in connection with the judge's own 1602
court, a full-time or part-time judge while holding court outside 1603
the judge's territory on the designation of the chief justice 1604
shall receive actual and necessary expenses and compensation as 1605
follows: 1606

       (1) A full-time judge shall receive thirty dollars for each 1607
day of the assignment. 1608

       (2) A part-time judge shall receive for each day of the 1609
assignment the per diem compensation of the judges of the court to 1610
which the judge is assigned, less the per diem amount paid to 1611
those judges pursuant to section 141.04 of the Revised Code, 1612
calculated on the basis of two hundred fifty working days per 1613
year. 1614

       If a request is made by a judge or the presiding judge of a 1615
municipal court to designate a judge of another municipal court 1616
because of the volume of cases in the court for which the request 1617
is made and the chief justice reports, in writing, that no 1618
municipal or county court judge is available to serve by 1619
designation, the judges of the court requesting the designation 1620
may appoint a substitute as provided in division (A)(2) of this 1621
section, who may serve for any period of time that is prescribed 1622
by the chief justice. The substitute judge shall be paid in the 1623
same manner and at the same rate as the incumbent judges, except 1624
that, if the substitute judge is entitled to compensation under 1625
division (A)(5) or (6) of section 141.04 of the Revised Code, then 1626
section 1901.121 of the Revised Code shall govern its payment. 1627

       Sec. 1901.31. The clerk and deputy clerks of a municipal 1628
court shall be selected, be compensated, give bond, and have 1629
powers and duties as follows: 1630

       (A) There shall be a clerk of the court who is appointed or 1631
elected as follows: 1632

       (1)(a) Except in the Akron, Barberton, Cuyahoga Falls, 1633
Toledo, Hamilton county, Portage county, and Wayne county 1634
municipal courts, if the population of the territory equals or 1635
exceeds one hundred thousand at the regular municipal election 1636
immediately preceding the expiration of the term of the present 1637
clerk, the clerk shall be nominated and elected by the qualified 1638
electors of the territory in the manner that is provided for the 1639
nomination and election of judges in section 1901.07 of the 1640
Revised Code. 1641

       The clerk so elected shall hold office for a term of six 1642
years, which term shall commence on the first day of January 1643
following the clerk's election and continue until the clerk's 1644
successor is elected and qualified. 1645

       (b) In the Hamilton county municipal court, the clerk of 1646
courts of Hamilton county shall be the clerk of the municipal 1647
court and may appoint an assistant clerk who shall receive the 1648
compensation, payable out of the treasury of Hamilton county in 1649
semimonthly installments, that the board of county commissioners 1650
prescribes. The clerk of courts of Hamilton county, acting as the 1651
clerk of the Hamilton county municipal court and assuming the 1652
duties of that office, shall receive compensation at one-fourth 1653
the rate that is prescribed for the clerks of courts of common 1654
pleas as determined in accordance with the population of the 1655
county and the rates set forth in sections 325.08 and 325.18 of 1656
the Revised Code. This compensation shall be paid from the county 1657
treasury in semimonthly installments and is in addition to the 1658
annual compensation that is received for the performance of the 1659
duties of the clerk of courts of Hamilton county, as provided in 1660
sections 325.08 and 325.18 of the Revised Code. 1661

       (c) In the Portage county and Wayne county municipal courts, 1662
the clerks of courts of Portage county and Wayne county shall be 1663
the clerks, respectively, of the Portage county and Wayne county 1664
municipal courts and may appoint a chief deputy clerk for each 1665
branch that is established pursuant to section 1901.311 of the 1666
Revised Code and assistant clerks as the judges of the municipal 1667
court determine are necessary, all of whom shall receive the 1668
compensation that the legislative authority prescribes. The clerks 1669
of courts of Portage county and Wayne county, acting as the clerks 1670
of the Portage county and Wayne county municipal courts and 1671
assuming the duties of these offices, shall receive compensation 1672
payable from the county treasury in semimonthly installments at 1673
one-fourth the rate that is prescribed for the clerks of courts of 1674
common pleas as determined in accordance with the population of 1675
the county and the rates set forth in sections 325.08 and 325.18 1676
of the Revised Code. 1677

       (d) Except as otherwise provided in division (A)(1)(d) of 1678
this section, in the Akron municipal court, candidates for 1679
election to the office of clerk of the court shall be nominated by 1680
primary election. The primary election shall be held on the day 1681
specified in the charter of the city of Akron for the nomination 1682
of municipal officers. Notwithstanding any contrary provision of 1683
section 3513.05 or 3513.257 of the Revised Code, the declarations 1684
of candidacy and petitions of partisan candidates and the 1685
nominating petitions of independent candidates for the office of 1686
clerk of the Akron municipal court shall be signed by at least ~~two~~ 1687
~~hundred~~ fifty qualified electors of the territory of the court. 1688

       The candidates shall file a declaration of candidacy and 1689
petition, or a nominating petition, whichever is applicable, not 1690
later than four p.m. of the seventy-fifth day before the day of 1691
the primary election, in the form prescribed by section 3513.07 or 1692
3513.261 of the Revised Code. The declaration of candidacy and 1693
petition, or the nominating petition, shall conform to the 1694
applicable requirements of section 3513.05 or 3513.257 of the 1695
Revised Code. 1696

       If no valid declaration of candidacy and petition is filed by 1697
any person for nomination as a candidate of a particular political 1698
party for election to the office of clerk of the Akron municipal 1699
court, a primary election shall not be held for the purpose of 1700
nominating a candidate of that party for election to that office. 1701
If only one person files a valid declaration of candidacy and 1702
petition for nomination as a candidate of a particular political 1703
party for election to that office, a primary election shall not be 1704
held for the purpose of nominating a candidate of that party for 1705
election to that office, and the candidate shall be issued a 1706
certificate of nomination in the manner set forth in section 1707
3513.02 of the Revised Code. 1708

       Declarations of candidacy and petitions, nominating 1709
petitions, and certificates of nomination for the office of clerk 1710
of the Akron municipal court shall contain a designation of the 1711
term for which the candidate seeks election. At the following 1712
regular municipal election, all candidates for the office shall be 1713
submitted to the qualified electors of the territory of the court 1714
in the manner that is provided in section 1901.07 of the Revised 1715
Code for the election of the judges of the court. The clerk so 1716
elected shall hold office for a term of six years, which term 1717
shall commence on the first day of January following the clerk's 1718
election and continue until the clerk's successor is elected and 1719
qualified. 1720

       (e) Except as otherwise provided in division (A)(1)(e) of 1721
this section, in the Barberton municipal court, candidates for 1722
election to the office of clerk of the court shall be nominated by 1723
primary election. The primary election shall be held on the day 1724
specified in the charter of the city of Barberton for the 1725
nomination of municipal officers. Notwithstanding any contrary 1726
provision of section 3513.05 or 3513.257 of the Revised Code, the 1727
declarations of candidacy and petitions of partisan candidates and 1728
the nominating petitions of independent candidates for the office 1729
of clerk of the Barberton municipal court shall be signed by at 1730
least ~~two hundred~~ fifty qualified electors of the territory of the 1731
court. 1732

       The candidates shall file a declaration of candidacy and 1733
petition, or a nominating petition, whichever is applicable, not 1734
later than four p.m. of the seventy-fifth day before the day of 1735
the primary election, in the form prescribed by section 3513.07 or 1736
3513.261 of the Revised Code. The declaration of candidacy and 1737
petition, or the nominating petition, shall conform to the 1738
applicable requirements of section 3513.05 or 3513.257 of the 1739
Revised Code. 1740

       If no valid declaration of candidacy and petition is filed by 1741
any person for nomination as a candidate of a particular political 1742
party for election to the office of clerk of the Barberton 1743
municipal court, a primary election shall not be held for the 1744
purpose of nominating a candidate of that party for election to 1745
that office. If only one person files a valid declaration of 1746
candidacy and petition for nomination as a candidate of a 1747
particular political party for election to that office, a primary 1748
election shall not be held for the purpose of nominating a 1749
candidate of that party for election to that office, and the 1750
candidate shall be issued a certificate of nomination in the 1751
manner set forth in section 3513.02 of the Revised Code. 1752

       Declarations of candidacy and petitions, nominating 1753
petitions, and certificates of nomination for the office of clerk 1754
of the Barberton municipal court shall contain a designation of 1755
the term for which the candidate seeks election. At the following 1756
regular municipal election, all candidates for the office shall be 1757
submitted to the qualified electors of the territory of the court 1758
in the manner that is provided in section 1901.07 of the Revised 1759
Code for the election of the judges of the court. The clerk so 1760
elected shall hold office for a term of six years, which term 1761
shall commence on the first day of January following the clerk's 1762
election and continue until the clerk's successor is elected and 1763
qualified. 1764

       (f) Except as otherwise provided in division (A)(1)(f) of 1765
this section, in the Cuyahoga Falls municipal court, candidates 1766
for election to the office of clerk of the court shall be 1767
nominated by primary election. The primary election shall be held 1768
on the day specified in the charter of the city of Cuyahoga Falls 1769
for the nomination of municipal officers. Notwithstanding any 1770
contrary provision of section 3513.05 or 3513.257 of the Revised 1771
Code, the declarations of candidacy and petitions of partisan 1772
candidates and the nominating petitions of independent candidates 1773
for the office of clerk of the Cuyahoga Falls municipal court 1774
shall be signed by at least ~~two hundred~~ fifty qualified electors 1775
of the territory of the court. 1776

       The candidates shall file a declaration of candidacy and 1777
petition, or a nominating petition, whichever is applicable, not 1778
later than four p.m. of the seventy-fifth day before the day of 1779
the primary election, in the form prescribed by section 3513.07 or 1780
3513.261 of the Revised Code. The declaration of candidacy and 1781
petition, or the nominating petition, shall conform to the 1782
applicable requirements of section 3513.05 or 3513.257 of the 1783
Revised Code. 1784

       If no valid declaration of candidacy and petition is filed by 1785
any person for nomination as a candidate of a particular political 1786
party for election to the office of clerk of the Cuyahoga Falls 1787
municipal court, a primary election shall not be held for the 1788
purpose of nominating a candidate of that party for election to 1789
that office. If only one person files a valid declaration of 1790
candidacy and petition for nomination as a candidate of a 1791
particular political party for election to that office, a primary 1792
election shall not be held for the purpose of nominating a 1793
candidate of that party for election to that office, and the 1794
candidate shall be issued a certificate of nomination in the 1795
manner set forth in section 3513.02 of the Revised Code. 1796

       Declarations of candidacy and petitions, nominating 1797
petitions, and certificates of nomination for the office of clerk 1798
of the Cuyahoga Falls municipal court shall contain a designation 1799
of the term for which the candidate seeks election. At the 1800
following regular municipal election, all candidates for the 1801
office shall be submitted to the qualified electors of the 1802
territory of the court in the manner that is provided in section 1803
1901.07 of the Revised Code for the election of the judges of the 1804
court. The clerk so elected shall hold office for a term of six 1805
years, which term shall commence on the first day of January 1806
following the clerk's election and continue until the clerk's 1807
successor is elected and qualified. 1808

       (g) Except as otherwise provided in division (A)(1)(g) of 1809
this section, in the Toledo municipal court, candidates for 1810
election to the office of clerk of the court shall be nominated by 1811
primary election. The primary election shall be held on the day 1812
specified in the charter of the city of Toledo for the nomination 1813
of municipal officers. Notwithstanding any contrary provision of 1814
section 3513.05 or 3513.257 of the Revised Code, the declarations 1815
of candidacy and petitions of partisan candidates and the 1816
nominating petitions of independent candidates for the office of 1817
clerk of the Toledo municipal court shall be signed by at least 1818
~~two hundred~~ fifty qualified electors of the territory of the 1819
court. 1820

       The candidates shall file a declaration of candidacy and 1821
petition, or a nominating petition, whichever is applicable, not 1822
later than four p.m. of the seventy-fifth day before the day of 1823
the primary election, in the form prescribed by section 3513.07 or 1824
3513.261 of the Revised Code. The declaration of candidacy and 1825
petition, or the nominating petition, shall conform to the 1826
applicable requirements of section 3513.05 or 3513.257 of the 1827
Revised Code. 1828

       If no valid declaration of candidacy and petition is filed by 1829
any person for nomination as a candidate of a particular political 1830
party for election to the office of clerk of the Toledo municipal 1831
court, a primary election shall not be held for the purpose of 1832
nominating a candidate of that party for election to that office. 1833
If only one person files a valid declaration of candidacy and 1834
petition for nomination as a candidate of a particular political 1835
party for election to that office, a primary election shall not be 1836
held for the purpose of nominating a candidate of that party for 1837
election to that office, and the candidate shall be issued a 1838
certificate of nomination in the manner set forth in section 1839
3513.02 of the Revised Code. 1840

       Declarations of candidacy and petitions, nominating 1841
petitions, and certificates of nomination for the office of clerk 1842
of the Toledo municipal court shall contain a designation of the 1843
term for which the candidate seeks election. At the following 1844
regular municipal election, all candidates for the office shall be 1845
submitted to the qualified electors of the territory of the court 1846
in the manner that is provided in section 1901.07 of the Revised 1847
Code for the election of the judges of the court. The clerk so 1848
elected shall hold office for a term of six years, which term 1849
shall commence on the first day of January following the clerk's 1850
election and continue until the clerk's successor is elected and 1851
qualified. 1852

       (2)(a) Except for the Alliance, Auglaize county, Brown 1853
county, Columbiana county, Lorain, Massillon, and Youngstown 1854
municipal courts, in a municipal court for which the population of 1855
the territory is less than one hundred thousand, the clerk shall 1856
be appointed by the court, and the clerk shall hold office until 1857
the clerk's successor is appointed and qualified. 1858

       (b) In the Alliance, Lorain, Massillon, and Youngstown 1859
municipal courts, the clerk shall be elected for a term of office 1860
as described in division (A)(1)(a) of this section. 1861

       (c) In the Auglaize county and Brown county municipal courts, 1862
the clerks of courts of Auglaize county and Brown county shall be 1863
the clerks, respectively, of the Auglaize county and Brown county 1864
municipal courts and may appoint a chief deputy clerk for each 1865
branch that is established pursuant to section 1901.311 of the 1866
Revised Code, and assistant clerks as the judge of the court 1867
determines are necessary, all of whom shall receive the 1868
compensation that the legislative authority prescribes. The clerks 1869
of courts of Auglaize county and Brown county, acting as the 1870
clerks of the Auglaize county and Brown county municipal courts 1871
and assuming the duties of these offices, shall receive 1872
compensation payable from the county treasury in semimonthly 1873
installments at one-fourth the rate that is prescribed for the 1874
clerks of courts of common pleas as determined in accordance with 1875
the population of the county and the rates set forth in sections 1876
325.08 and 325.18 of the Revised Code. 1877

       (d) In the Columbiana county municipal court, the clerk of 1878
courts of Columbiana county shall be the clerk of the municipal 1879
court, may appoint a chief deputy clerk for each branch office 1880
that is established pursuant to section 1901.311 of the Revised 1881
Code, and may appoint any assistant clerks that the judges of the 1882
court determine are necessary. All of the chief deputy clerks and 1883
assistant clerks shall receive the compensation that the 1884
legislative authority prescribes. The clerk of courts of 1885
Columbiana county, acting as the clerk of the Columbiana county 1886
municipal court and assuming the duties of that office, shall 1887
receive compensation payable from the county treasury in 1888
semimonthly installments at one-fourth the rate that is prescribed 1889
for the clerks of courts of common pleas as determined in 1890
accordance with the population of the county and the rates set 1891
forth in sections 325.08 and 325.18 of the Revised Code. 1892

       (3) During the temporary absence of the clerk due to illness, 1893
vacation, or other proper cause, the court may appoint a temporary 1894
clerk, who shall be paid the same compensation, have the same 1895
authority, and perform the same duties as the clerk. 1896

       (B) Except in the Hamilton county, Portage county, and Wayne 1897
county municipal courts, if a vacancy occurs in the office of the 1898
clerk of the Alliance, Lorain, Massillon, or Youngstown municipal 1899
court or occurs in the office of the clerk of a municipal court 1900
for which the population of the territory equals or exceeds one 1901
hundred thousand because the clerk ceases to hold the office 1902
before the end of the clerk's term or because a clerk-elect fails 1903
to take office, the vacancy shall be filled, until a successor is 1904
elected and qualified, by a person chosen by the residents of the 1905
territory of the court who are members of the county central 1906
committee of the political party by which the last occupant of 1907
that office or the clerk-elect was nominated. Not less than five 1908
nor more than fifteen days after a vacancy occurs, those members 1909
of that county central committee shall meet to make an appointment 1910
to fill the vacancy. At least four days before the date of the 1911
meeting, the chairperson or a secretary of the county central 1912
committee shall notify each such member of that county central 1913
committee by first class mail of the date, time, and place of the 1914
meeting and its purpose. A majority of all such members of that 1915
county central committee constitutes a quorum, and a majority of 1916
the quorum is required to make the appointment. If the office so 1917
vacated was occupied or was to be occupied by a person not 1918
nominated at a primary election, or if the appointment was not 1919
made by the committee members in accordance with this division, 1920
the court shall make an appointment to fill the vacancy. A 1921
successor shall be elected to fill the office for the unexpired 1922
term at the first municipal election that is held more than one 1923
hundred twenty days after the vacancy occurred. 1924

       (C)(1) In a municipal court, other than the Auglaize county, 1925
the Brown county, the Columbiana county, and the Lorain municipal 1926
courts, for which the population of the territory is less than one 1927
hundred thousand, the clerk of the municipal court shall receive 1928
the annual compensation that the presiding judge of the court 1929
prescribes, if the revenue of the court for the preceding calendar 1930
year, as certified by the auditor or chief fiscal officer of the 1931
municipal corporation in which the court is located or, in the 1932
case of a county-operated municipal court, the county auditor, is 1933
equal to or greater than the expenditures, including any debt 1934
charges, for the operation of the court payable under this chapter 1935
from the city treasury or, in the case of a county-operated 1936
municipal court, the county treasury for that calendar year, as 1937
also certified by the auditor or chief fiscal officer. If the 1938
revenue of a municipal court, other than the Auglaize county, the 1939
Brown county, the Columbiana county, and the Lorain municipal 1940
courts, for which the population of the territory is less than one 1941
hundred thousand for the preceding calendar year as so certified 1942
is not equal to or greater than those expenditures for the 1943
operation of the court for that calendar year as so certified, the 1944
clerk of a municipal court shall receive the annual compensation 1945
that the legislative authority prescribes. As used in this 1946
division, "revenue" means the total of all costs and fees that are 1947
collected and paid to the city treasury or, in a county-operated 1948
municipal court, the county treasury by the clerk of the municipal 1949
court under division (F) of this section and all interest received 1950
and paid to the city treasury or, in a county-operated municipal 1951
court, the county treasury in relation to the costs and fees under 1952
division (G) of this section. 1953

       (2) In a municipal court, other than the Hamilton county, 1954
Portage county, and Wayne county municipal courts, for which the 1955
population of the territory is one hundred thousand or more, and 1956
in the Lorain municipal court, the clerk of the municipal court 1957
shall receive annual compensation in a sum equal to eighty-five 1958
per cent of the salary of a judge of the court. 1959

       (3) The compensation of a clerk described in division (C)(1) 1960
or (2) of this section is payable in semimonthly installments from 1961
the same sources and in the same manner as provided in section 1962
1901.11 of the Revised Code. 1963

       (D) Before entering upon the duties of the clerk's office, 1964
the clerk of a municipal court shall give bond of not less than 1965
six thousand dollars to be determined by the judges of the court, 1966
conditioned upon the faithful performance of the clerk's duties. 1967

       (E) The clerk of a municipal court may do all of the 1968
following: administer oaths, take affidavits, and issue executions 1969
upon any judgment rendered in the court, including a judgment for 1970
unpaid costs; issue, sign, and attach the seal of the court to all 1971
writs, process, subpoenas, and papers issuing out of the court; 1972
and approve all bonds, sureties, recognizances, and undertakings 1973
fixed by any judge of the court or by law. The clerk may refuse to 1974
accept for filing any pleading or paper submitted for filing by a 1975
person who has been found to be a vexatious litigator under 1976
section 2323.52 of the Revised Code and who has failed to obtain 1977
leave to proceed under that section. The clerk shall do all of the 1978
following: file and safely keep all journals, records, books, and 1979
papers belonging or appertaining to the court; record the 1980
proceedings of the court; perform all other duties that the judges 1981
of the court may prescribe; and keep a book showing all receipts 1982
and disbursements, which book shall be open for public inspection 1983
at all times. 1984

       The clerk shall prepare and maintain a general index, a 1985
docket, and other records that the court, by rule, requires, all 1986
of which shall be the public records of the court. In the docket, 1987
the clerk shall enter, at the time of the commencement of an 1988
action, the names of the parties in full, the names of the 1989
counsel, and the nature of the proceedings. Under proper dates, 1990
the clerk shall note the filing of the complaint, issuing of 1991
summons or other process, returns, and any subsequent pleadings. 1992
The clerk also shall enter all reports, verdicts, orders, 1993
judgments, and proceedings of the court, clearly specifying the 1994
relief granted or orders made in each action. The court may order 1995
an extended record of any of the above to be made and entered, 1996
under the proper action heading, upon the docket at the request of 1997
any party to the case, the expense of which record may be taxed as 1998
costs in the case or may be required to be prepaid by the party 1999
demanding the record, upon order of the court. 2000

       (F) The clerk of a municipal court shall receive, collect, 2001
and issue receipts for all costs, fees, fines, bail, and other 2002
moneys payable to the office or to any officer of the court. The 2003
clerk shall each month disburse to the proper persons or officers, 2004
and take receipts for, all costs, fees, fines, bail, and other 2005
moneys that the clerk collects. Subject to sections 3375.50 and 2006
4511.193 of the Revised Code and to any other section of the 2007
Revised Code that requires a specific manner of disbursement of 2008
any moneys received by a municipal court and except for the 2009
Hamilton county, Lawrence county, and Ottawa county municipal 2010
courts, the clerk shall pay all fines received for violation of 2011
municipal ordinances into the treasury of the municipal 2012
corporation the ordinance of which was violated and shall pay all 2013
fines received for violation of township resolutions adopted 2014
pursuant to Chapter 504. of the Revised Code into the treasury of 2015
the township the resolution of which was violated. Subject to 2016
sections 1901.024 and 4511.193 of the Revised Code, in the 2017
Hamilton county, Lawrence county, and Ottawa county municipal 2018
courts, the clerk shall pay fifty per cent of the fines received 2019
for violation of municipal ordinances and fifty per cent of the 2020
fines received for violation of township resolutions adopted 2021
pursuant to Chapter 504. of the Revised Code into the treasury of 2022
the county. Subject to sections 3375.50, 3375.53, 4511.19, and 2023
5503.04 of the Revised Code and to any other section of the 2024
Revised Code that requires a specific manner of disbursement of 2025
any moneys received by a municipal court, the clerk shall pay all 2026
fines collected for the violation of state laws into the county 2027
treasury. Except in a county-operated municipal court, the clerk 2028
shall pay all costs and fees the disbursement of which is not 2029
otherwise provided for in the Revised Code into the city treasury. 2030
The clerk of a county-operated municipal court shall pay the costs 2031
and fees the disbursement of which is not otherwise provided for 2032
in the Revised Code into the county treasury. Moneys deposited as 2033
security for costs shall be retained pending the litigation. The 2034
clerk shall keep a separate account of all receipts and 2035
disbursements in civil and criminal cases, which shall be a 2036
permanent public record of the office. On the expiration of the 2037
term of the clerk, the clerk shall deliver the records to the 2038
clerk's successor. The clerk shall have other powers and duties as 2039
are prescribed by rule or order of the court. 2040

       (G) All moneys paid into a municipal court shall be noted on 2041
the record of the case in which they are paid and shall be 2042
deposited in a state or national bank, or a domestic savings and 2043
loan association, as defined in section 1151.01 of the Revised 2044
Code, that is selected by the clerk. Any interest received upon 2045
the deposits shall be paid into the city treasury, except that, in 2046
a county-operated municipal court, the interest shall be paid into 2047
the treasury of the county in which the court is located. 2048

       On the first Monday in January of each year, the clerk shall 2049
make a list of the titles of all cases in the court that were 2050
finally determined more than one year past in which there remains 2051
unclaimed in the possession of the clerk any funds, or any part of 2052
a deposit for security of costs not consumed by the costs in the 2053
case. The clerk shall give notice of the moneys to the parties who 2054
are entitled to the moneys or to their attorneys of record. All 2055
the moneys remaining unclaimed on the first day of April of each 2056
year shall be paid by the clerk to the city treasurer, except 2057
that, in a county-operated municipal court, the moneys shall be 2058
paid to the treasurer of the county in which the court is located. 2059
The treasurer shall pay any part of the moneys at any time to the 2060
person who has the right to the moneys upon proper certification 2061
of the clerk. 2062

       (H) Deputy clerks may be appointed by the clerk and shall 2063
receive the compensation, payable in semimonthly installments out 2064
of the city treasury, that the clerk may prescribe, except that 2065
the compensation of any deputy clerk of a county-operated 2066
municipal court shall be paid out of the treasury of the county in 2067
which the court is located. Each deputy clerk shall take an oath 2068
of office before entering upon the duties of the deputy clerk's 2069
office and, when so qualified, may perform the duties appertaining 2070
to the office of the clerk. The clerk may require any of the 2071
deputy clerks to give bond of not less than three thousand 2072
dollars, conditioned for the faithful performance of the deputy 2073
clerk's duties. 2074

       (I) For the purposes of this section, whenever the population 2075
of the territory of a municipal court falls below one hundred 2076
thousand but not below ninety thousand, and the population of the 2077
territory prior to the most recent regular federal census exceeded 2078
one hundred thousand, the legislative authority of the municipal 2079
corporation may declare, by resolution, that the territory shall 2080
be considered to have a population of at least one hundred 2081
thousand. 2082

       (J) The clerk or a deputy clerk shall be in attendance at all 2083
sessions of the municipal court, although not necessarily in the 2084
courtroom, and may administer oaths to witnesses and jurors and 2085
receive verdicts. 2086

       Sec. 2961.01. (A) A person convicted of a felony under the 2087
laws of this or any other state or the United States, unless the 2088
conviction is reversed or annulled, is incompetent to be an 2089
elector or juror or to hold an office of honor, trust, or profit. 2090
When any person convicted of a felony under any law of that type 2091
is granted parole, judicial release, or a conditional pardon or is 2092
released under a non-jail community control sanction or a 2093
post-release control sanction, the person is competent to be an 2094
elector during the period of community control, parole, 2095
post-release control, or release or until the conditions of the 2096
pardon have been performed or have transpired and is competent to 2097
be an elector thereafter following final discharge. The full 2098
pardon of a ~~convict~~person convicted of a felony restores the 2099
rights and privileges so forfeited under this ~~section~~division, 2100
but a pardon shall not release ~~a convict~~the person convicted of a 2101
felony from the costs of ~~the convict's~~a conviction in this state, 2102
unless so specified. 2103

       (B) A person convicted of a felony under laws of this state 2104
or any other state or the United States is incompetent to 2105
circulate or serve as a witness for the signing of any declaration 2106
of candidacy and petition, voter registration application, or 2107
nominating, initiative, referendum, or recall petition. 2108

       (C) As used in this section: 2109

       (1) "Community control sanction" has the same meaning as in 2110
section 2929.01 of the Revised Code. 2111

       (2) "Non-jail community control sanction" means a community 2112
control sanction that is neither a term in a community-based 2113
correctional facility nor a term in a jail. 2114

       (3) "Post-release control" and "post-release control 2115
sanction" have the same meanings as in section 2967.01 of the 2116
Revised Code. 2117

       Sec. 2967.17. (A) The adult parole authority, in its 2118
discretion, may grant an administrative release to any of the 2119
following: 2120

       (1) A parole violator or release violator serving another 2121
felony sentence in a correctional institution within or without 2122
this state for the purpose of consolidation of the records or if 2123
justice would best be served; 2124

       (2) A parole violator at large or release violator at large 2125
whose case has been inactive for at least ten years following the 2126
date of declaration of the parole violation or the violation of a 2127
post-release control sanction; 2128

       (3) A parolee taken into custody by the immigration and 2129
naturalization service of the United States department of justice 2130
and deported from the United States. 2131

       (B) The adult parole authority shall not grant an 2132
administrative release except upon the concurrence of a majority 2133
of the parole board and approval of the chief of the adult parole 2134
authority. An administrative release does not restore for the 2135
person to whom it is granted the rights and privileges forfeited 2136
by conviction as provided in section 2961.01 of the Revised Code. 2137
Any person granted an administrative release under this section 2138
may subsequently apply for a commutation of sentence for the 2139
purpose of regaining the rights and privileges forfeited by 2140
conviction, except that the privilege of circulating or serving as 2141
a witness for the signing of any declaration of candidacy and 2142
petition, voter registration application, or nominating, 2143
initiative, referendum, or recall petition forfeited under section 2144
2961.01 of the Revised Code may not be restored under this 2145
section. 2146

       Sec. 3311.21. (A) In addition to the resolutions authorized 2147
by sections 5705.194, 5705.21, 5705.212, and 5705.213 of the 2148
Revised Code, the board of education of a joint vocational or 2149
cooperative education school district by a vote of two-thirds of 2150
its full membership may at any time adopt a resolution declaring 2151
the necessity to levy a tax in excess of the ten-mill limitation 2152
for a period not to exceed ten years to provide funds for any one 2153
or more of the following purposes, which may be stated in the 2154
following manner in such resolution, the ballot, and the notice of 2155
election: purchasing a site or enlargement thereof and for the 2156
erection and equipment of buildings; for the purpose of enlarging, 2157
improving, or rebuilding thereof; for the purpose of providing for 2158
the current expenses of the joint vocational or cooperative school 2159
district; or for a continuing period for the purpose of providing 2160
for the current expenses of the joint vocational or cooperative 2161
education school district. The resolution shall specify the amount 2162
of the proposed rate and, if a renewal, whether the levy is to 2163
renew all, or a portion of, the existing levy, and shall specify 2164
the first year in which the levy will be imposed. If the levy 2165
provides for but is not limited to current expenses, the 2166
resolution shall apportion the annual rate of the levy between 2167
current expenses and the other purpose or purposes. Such 2168
apportionment may but need not be the same for each year of the 2169
levy, but the respective portions of the rate actually levied each 2170
year for current expenses and the other purpose or purposes shall 2171
be limited by such apportionment. The portion of any such rate 2172
actually levied for current expenses of a joint vocational or 2173
cooperative education school district shall be used in applying 2174
division (A) of section 3317.01 of the Revised Code. The portion 2175
of any such rate not apportioned to the current expenses of a 2176
joint vocational or cooperative education school district shall be 2177
used in applying division (B) of this section. On the adoption of 2178
such resolution, the joint vocational or cooperative education 2179
school district board of education shall certify the resolution to 2180
the board of elections of the county containing the most populous 2181
portion of the district, which board shall receive resolutions for 2182
filing and send them to the boards of elections of each county in 2183
which territory of the district is located, furnish all ballots 2184
for the election as provided in section 3505.071 of the Revised 2185
Code, and prepare the election notice; and the board of elections 2186
of each county in which the territory of such district is located 2187
shall make the other necessary arrangements for the submission of 2188
the question to the electors of the joint vocational or 2189
cooperative education school district at the next primary or 2190
general election occurring not less than seventy-five days after 2191
the resolution was received from the joint vocational or 2192
cooperative education school district board of education, or at a 2193
special election to be held at a time designated by the district 2194
board of education consistent with the requirements of section 2195
3501.01 of the Revised Code, which date shall not be earlier than 2196
seventy-five days after the adoption and certification of the 2197
resolution. 2198

       The board of elections of the county or counties in which 2199
territory of the joint vocational or cooperative education school 2200
district is located shall cause to be published in one or more 2201
newspapers of general circulation in ~~such~~that district an 2202
advertisement of the proposed tax levy question together with a 2203
statement of the amount of the proposed levy ~~once each~~twice 2204
during the week ~~for three consecutive weeks,~~ prior to the election 2205
at which the question is to appear on the ballot, and shall post a 2206
similar advertisement on its web site, or, if the board does not 2207
operate and maintain its own web site, on the web site it operates 2208
and maintains on free internet space under section 3501.24 of the 2209
Revised Code, for thirty days prior to that election. 2210

       If a majority of the electors voting on the question of 2211
levying such tax vote in favor of the levy, the joint vocational 2212
or cooperative education school district board of education shall 2213
annually make the levy within the district at the rate specified 2214
in the resolution and ballot or at any lesser rate, and the county 2215
auditor of each affected county shall annually place the levy on 2216
the tax list and duplicate of each school district in ~~his~~the 2217
county having territory in the joint vocational or cooperative 2218
education school district. The taxes realized from the levy shall 2219
be collected at the same time and in the same manner as other 2220
taxes on the duplicate, and the taxes, when collected, shall be 2221
paid to the treasurer of the joint vocational or cooperative 2222
education school district and deposited ~~by him~~ to a special fund, 2223
which shall be established by the joint vocational or cooperative 2224
education school district board of education for all revenue 2225
derived from any tax levied pursuant to this section and for the 2226
proceeds of anticipation notes which shall be deposited in such 2227
fund. After the approval of the levy, the joint vocational or 2228
cooperative education school district board of education may 2229
anticipate a fraction of the proceeds of the levy and from time to 2230
time, during the life of the levy, but in any year prior to the 2231
time when the tax collection from the levy so anticipated can be 2232
made for that year, issue anticipation notes in an amount not 2233
exceeding fifty per cent of the estimated proceeds of the levy to 2234
be collected in each year up to a period of five years after the 2235
date of the issuance of the notes, less an amount equal to the 2236
proceeds of the levy obligated for each year by the issuance of 2237
anticipation notes, provided that the total amount maturing in any 2238
one year shall not exceed fifty per cent of the anticipated 2239
proceeds of the levy for that year. Each issue of notes shall be 2240
sold as provided in Chapter 133. of the Revised Code, and shall, 2241
except for such limitation that the total amount of such notes 2242
maturing in any one year shall not exceed fifty per cent of the 2243
anticipated proceeds of the levy for that year, mature serially in 2244
substantially equal installments, during each year over a period 2245
not to exceed five years after their issuance. 2246

       (B) Prior to the application of section 319.301 of the 2247
Revised Code, the rate of a levy that is limited to, or to the 2248
extent that it is apportioned to, purposes other than current 2249
expenses shall be reduced in the same proportion in which the 2250
district's total valuation increases during the life of the levy 2251
because of additions to such valuation that have resulted from 2252
improvements added to the tax list and duplicate. 2253

       (C) The form of ballot cast at an election under division (A) 2254
of this section shall be as prescribed by section 5705.25 of the 2255
Revised Code. 2256

       Sec. 3311.50. (A) As used in this section, "county school 2257
financing district" means a taxing district consisting of the 2258
following territory: 2259

       (1) The territory that constitutes the educational service 2260
center on the date that the governing board of that educational 2261
service center adopts a resolution under division (B) of this 2262
section declaring that the territory of the educational service 2263
center is a county school financing district, exclusive of any 2264
territory subsequently withdrawn from the district under division 2265
(D) of this section; 2266

       (2) Any territory that has been added to the county school 2267
financing district under this section. 2268

       A county school financing district may include the territory 2269
of a city, local, or exempted village school district whose 2270
territory also is included in the territory of one or more other 2271
county school financing districts. 2272

       (B) The governing board of any educational service center 2273
may, by resolution, declare that the territory of the educational 2274
service center is a county school financing district. The 2275
resolution shall state the purpose for which the county school 2276
financing district is created which may be for any one or more of 2277
the following purposes: 2278

       (1) To levy taxes for the provision of special education by 2279
the school districts that are a part of the district, including 2280
taxes for permanent improvements for special education; 2281

       (2) To levy taxes for the provision of specified educational 2282
programs and services by the school districts that are a part of 2283
the district, as identified in the resolution creating the 2284
district, including the levying of taxes for permanent 2285
improvements for those programs and services; 2286

       (3) To levy taxes for permanent improvements of school 2287
districts that are a part of the district. 2288

       The governing board of the educational service center that 2289
creates a county school financing district shall serve as the 2290
taxing authority of the district and may use educational service 2291
center governing board employees to perform any of the functions 2292
necessary in the performance of its duties as a taxing authority. 2293
A county school financing district shall not employ any personnel. 2294

       With the approval of a majority of the members of the board 2295
of education of each school district within the territory of the 2296
county school financing district, the taxing authority of the 2297
financing district may amend the resolution creating the district 2298
to broaden or narrow the purposes for which it was created. 2299

       A governing board of an educational service center may create 2300
more than one county school financing district. If a governing 2301
board of an educational service center creates more than one such 2302
district, it shall clearly distinguish among the districts it 2303
creates by including a designation of each district's purpose in 2304
the district's name. 2305

       (C) A majority of the members of a board of education of a 2306
city, local, or exempted village school district may adopt a 2307
resolution requesting that its territory be joined with the 2308
territory of any county school financing district. Copies of the 2309
resolution shall be filed with the state board of education and 2310
the taxing authority of the county school financing district. 2311
Within sixty days of its receipt of such a resolution, the county 2312
school financing district's taxing authority shall vote on the 2313
question of whether to accept the school district's territory as 2314
part of the county school financing district. If a majority of the 2315
members of the taxing authority vote to accept the territory, the 2316
school district's territory shall thereupon become a part of the 2317
county school financing district unless the county school 2318
financing district has in effect a tax imposed under section 2319
5705.211 of the Revised Code. If the county school financing 2320
district has such a tax in effect, the taxing authority shall 2321
certify a copy of its resolution accepting the school district's 2322
territory to the school district's board of education, which may 2323
then adopt a resolution, with the affirmative vote of a majority 2324
of its members, proposing the submission to the electors of the 2325
question of whether the district's territory shall become a part 2326
of the county school financing district and subject to the taxes 2327
imposed by the financing district. The resolution shall set forth 2328
the date on which the question shall be submitted to the electors, 2329
which shall be at a special election held on a date specified in 2330
the resolution, which shall not be earlier than seventy-five days 2331
after the adoption and certification of the resolution. A copy of 2332
the resolution shall immediately be certified to the board of 2333
elections of the proper county, which shall make arrangements for 2334
the submission of the proposal to the electors of the school 2335
district. The board of the joining district shall publish notice 2336
of the election in one or more newspapers of general circulation 2337
in the county ~~once a~~twice during the week ~~for four consecutive~~ 2338
~~weeks~~prior to the election. Additionally, the board of elections 2339
shall post notice of the election on its web site, or, if the 2340
board does not operate and maintain its own web site, on the web 2341
site it operates and maintains on free internet space under 2342
section 3501.24 of the Revised Code, for thirty days prior to the 2343
election. The question appearing on the ballot shall read: 2344

       "Shall the territory within .......... (name of the school 2345
district proposing to join the county school financing district) 2346
.......... be added to .......... (name) .......... county school 2347
financing district, and a property tax for the purposes of 2348
......... (here insert purposes) .......... at a rate of taxation 2349
not exceeding .......... (here insert the outstanding tax rate) 2350
........... be in effect for .......... (here insert the number of 2351
years the tax is to be in effect or "a continuing period of time," 2352
as applicable) ..........?" 2353

       If the proposal is approved by a majority of the electors 2354
voting on it, the joinder shall take effect on the first day of 2355
July following the date of the election, and the county board of 2356
elections shall notify the county auditor of each county in which 2357
the school district joining its territory to the county school 2358
financing district is located. 2359

       (D) The board of any city, local, or exempted village school 2360
district whose territory is part of a county school financing 2361
district may withdraw its territory from the county school 2362
financing district thirty days after submitting to the governing 2363
board that is the taxing authority of the district and the state 2364
board a resolution proclaiming such withdrawal, adopted by a 2365
majority vote of its members, but any county school financing 2366
district tax levied in such territory on the effective date of the 2367
withdrawal shall remain in effect in such territory until such tax 2368
expires or is renewed. No board may adopt a resolution withdrawing 2369
from a county school financing district that would take effect 2370
during the forty-five days preceding the date of an election at 2371
which a levy proposed under section 5705.215 of the Revised Code 2372
is to be voted upon. 2373

       (E) A city, local, or exempted village school district does 2374
not lose its separate identity or legal existence by reason of 2375
joining its territory to a county school financing district under 2376
this section and an educational service center does not lose its 2377
separate identity or legal existence by reason of creating a 2378
county school financing district that accepts or loses territory 2379
under this section. 2380

       Sec. 3311.73. (A) No later than seventy-five days before the 2381
general election held in the first even-numbered year occurring at 2382
least four years after the date it assumed control of the 2383
municipal school district pursuant to division (B) of section 2384
3311.71 of the Revised Code, the board of education appointed 2385
under that division shall notify the board of elections of each 2386
county containing territory of the municipal school district of 2387
the referendum election required by division (B) of this section. 2388

       (B) At the general election held in the first even-numbered 2389
year occurring at least four years after the date the new board 2390
assumed control of a municipal school district pursuant to 2391
division (B) of section 3311.71 of the Revised Code, the following 2392
question shall be submitted to the electors residing in the school 2393
district: 2394

       "Shall the mayor of ..... (here insert the name of the 2395
applicable municipal corporation)~~.....~~ continue to appoint the 2396
members of the board of education of the ..... (here insert the 2397
name of the municipal school district)~~.....~~?" 2398

       The board of elections of the county in which the majority of 2399
the school district's territory is located shall make all 2400
necessary arrangements for the submission of the question to the 2401
electors, and the election shall be conducted, canvassed, and 2402
certified in the same manner as regular elections in the district 2403
for the election of county officers, provided that in any such 2404
election in which only part of the electors of a precinct are 2405
qualified to vote, the board of elections may assign voters in 2406
such part to an adjoining precinct. Such an assignment may be made 2407
to an adjoining precinct in another county with the consent and 2408
approval of the board of elections of such other county. Notice of 2409
the election shall be published in a newspaper of general 2410
circulation in the school district ~~once a~~twice during the week 2411
~~for three consecutive weeks~~ prior to the election ~~stating~~, and the 2412
board of elections shall post notice of the election on its web 2413
site, or, if the board does not operate and maintain its own web 2414
site, on the web site it operates and maintains on free internet 2415
space under section 3501.24 of the Revised Code, for thirty days 2416
prior to the election. The notice shall state the question on 2417
which the election is being held. The ballot shall be in the form 2418
prescribed by the secretary of state. Costs of submitting the 2419
question to the electors shall be charged to the municipal school 2420
district in accordance with section 3501.17 of the Revised Code. 2421

       (C) If a majority of electors voting on the issue proposed in 2422
division (B) of this section approve the question, the mayor shall 2423
appoint a new board on the immediately following first day of July 2424
pursuant to division (F) of section 3311.71 of the Revised Code. 2425

       (D) If a majority of electors voting on the issue proposed in 2426
division (B) of this section disapprove the question, a new 2427
seven-member board of education shall be elected at the next 2428
regular election occurring in November of an odd-numbered year. At 2429
such election, four members shall be elected for terms of four 2430
years and three members shall be elected for terms of two years. 2431
Thereafter, their successors shall be elected in the same manner 2432
and for the same terms as members of boards of education of a city 2433
school district. All members of the board of education of a 2434
municipal school district appointed pursuant to division (B) of 2435
section 3311.71 of the Revised Code shall continue to serve after 2436
the end of the terms to which they were appointed until their 2437
successors are qualified and assume office in accordance with 2438
section 3313.09 of the Revised Code. 2439

       Sec. 3349.29. An agreement made pursuant to sections 3349.27 2440
and 3349.28 of the Revised Code is not effective unless it has 2441
been approved by the legislative authority of the municipal 2442
corporation with which the municipal university is identified, 2443
upon such legislative authority's determination that such 2444
agreement will be beneficial to the municipal corporation, and 2445
also approved by the Ohio board of regents, and, if required by 2446
any applicable appropriation measure, by the state controlling 2447
board, and any payment from state tax moneys provided for in the 2448
agreement will be subject to appropriations made by the general 2449
assembly. If provision is to be made under such agreement for the 2450
transfer of, or grant of the right to use, all or a substantial 2451
part of the assets of the municipal university to the state 2452
university and assumption by the state university of educational 2453
functions of the municipal university, such agreement shall not 2454
become effective, under sections 3349.27 to 3349.30~~, inclusive,~~ of 2455
the Revised Code until the electors of the municipal corporation 2456
have approved such transfer or grant. 2457

       The legislative authority of the municipal corporation shall, 2458
by ordinance, submit the question to the electors at a general, 2459
primary, or a special election to be held on the date specified in 2460
~~said~~the ordinance. ~~Such~~The ordinance shall be certified to the 2461
board of elections not later than on the forty-fifth day preceding 2462
the date of ~~such~~the election. Notice of ~~such~~the election shall 2463
be published in one or more newspapers of general circulation in 2464
the municipal corporation ~~once a~~twice during the week ~~for four~~ 2465
~~consecutive weeks~~prior to the election and shall be posted on the 2466
board of elections' web site, or, if the board does not operate 2467
and maintain its own web site, on the web site it operates and 2468
maintains on free internet space under section 3501.24 of the 2469
Revised Code, for thirty days prior to the election. The form of 2470
the ballot to be used at ~~said~~the election shall be substantially 2471
as follows, with such variations as may be appropriate to reflect 2472
the general nature of the transfer or grant of use of assets and 2473
the transfer of educational functions contemplated: 2474

       "Shall assets of the municipal university known as 2475
.......................... be transferred to (make available for 2476
use by) a state university known as ........................... 2477
and the state university assume educational functions of the 2478
municipal university and provide higher education in (or in close 2479
proximity to) the city of .......................... to the 2480
residents of the city of ........................ and of the state 2481
of Ohio and such others as shall be admitted?" 2482

       The favorable vote of a majority of those voting on the 2483
proposition constitutes such approval as is required by this 2484
section. 2485

       Sec. 3354.12. (A) Upon the request by resolution approved by 2486
the board of trustees of a community college district, and upon 2487
certification to the board of elections not less than seventy-five 2488
days prior to the election, the boards of elections of the county 2489
or counties comprising such district shall place upon the ballot 2490
in their respective counties the question of levying a tax on all 2491
the taxable property in the community college district outside the 2492
ten-mill limitation, for a specified period of years or for a 2493
continuing period of time, to provide funds for any one or more of 2494
the following purposes: the acquisition of sites, the erection, 2495
furnishing, and equipment of buildings, the acquisition, 2496
construction, or improvement of any property which the board of 2497
trustees of a community college district is authorized to acquire, 2498
construct, or improve and which has an estimated life of 2499
usefulness of five years or more as certified by the fiscal 2500
officer, and the payment of operating costs. Not more than two 2501
special elections shall be held in any one calendar year. Levies 2502
for a continuing period of time adopted under this section may be 2503
reduced in accordance with section 5705.261 of the Revised Code. 2504

       If such proposal is to be or include the renewal of an 2505
existing levy at the expiration thereof, the ballot for such 2506
election shall state whether it is a renewal of a tax; a renewal 2507
of a stated number of mills and an increase of a stated number of 2508
mills, or a renewal of a part of an existing levy with a reduction 2509
of a stated number of mills; the year of the tax duplicate on 2510
which such renewal will first be made; and if earlier, the year of 2511
the tax duplicate on which such additional levy will first be 2512
made, which may include the tax duplicate for the current year 2513
unless the election is to be held after the first Tuesday after 2514
the first Monday in November of the current tax year. The ballot 2515
shall also state the period of years for such levy or that it is 2516
for a continuing period of time. If a levy for a continuing period 2517
of time provides for but is not limited to current expenses, the 2518
resolution of the board of trustees providing for the election on 2519
such levy shall apportion the annual rate of the levy between 2520
current expenses and the other purpose or purposes. Such 2521
apportionment need not be the same for each year of the levy, but 2522
the respective portions of the rate actually levied each year for 2523
current expenses and the other purpose or purposes shall be 2524
limited by such apportionment. The portion of the rate apportioned 2525
to the other purpose or purposes shall be reduced as provided in 2526
division (B) of this section. 2527

       If a majority of the electors in such district voting on such 2528
question approve thereof, the county auditor or auditors of the 2529
county or counties comprising such district shall annually, for 2530
the applicable years, place such levy on the tax duplicate in such 2531
district, in an amount determined by the board of trustees, but 2532
not to exceed the amount set forth in the proposition approved by 2533
the electors. 2534

       The boards of trustees of a community college district shall 2535
establish a special fund for all revenue derived from any tax 2536
levied pursuant to this section. 2537

       The boards of elections of the county or counties comprising 2538
the district shall cause to be published in a newspaper of general 2539
circulation in each such county, an advertisement of the proposed 2540
tax levy question,~~once each~~twice during the week ~~for three weeks~~ 2541
~~immediately preceding~~prior to the election at which the question 2542
is to appear on the ballot and also shall post a similar 2543
advertisement on their web site, or, if a board does not operate 2544
and maintain its own web site, on the web site operated and 2545
maintained on free internet space under section 3501.24 of the 2546
Revised Code, for thirty days prior to that election. 2547

       After the approval of such levy by vote, the board of 2548
trustees of a community college district may anticipate a fraction 2549
of the proceeds of such levy and from time to time issue 2550
anticipation notes having such maturity or maturities that the 2551
aggregate principal amount of all such notes maturing in any 2552
calendar year shall not exceed seventy-five per cent of the 2553
anticipated proceeds from such levy for such year, and that no 2554
note shall mature later than the thirty-first day of December of 2555
the tenth calendar year following the calendar year in which such 2556
note is issued. Each issue of notes shall be sold as provided in 2557
Chapter 133. of the Revised Code. 2558

       The amount of bonds or anticipatory notes authorized pursuant 2559
to Chapter 3354. of the Revised Code, may include sums to repay 2560
moneys previously borrowed, advanced, or granted and expended for 2561
the purposes of such bond or anticipatory note issues, whether 2562
such moneys were advanced from the available funds of the 2563
community college district or by other persons, and the community 2564
college district may restore and repay to such funds or persons 2565
from the proceeds of such issues the moneys so borrowed, advanced 2566
or granted. 2567

       All operating costs of such community college may be paid out 2568
of any gift or grant from the state, pursuant to division (K) of 2569
section 3354.09 of the Revised Code; out of student fees and 2570
tuition collected pursuant to division (G) of section 3354.09 of 2571
the Revised Code; or out of unencumbered funds from any other 2572
source of the community college income not prohibited by law. 2573

       (B) Prior to the application of section 319.301 of the 2574
Revised Code, the rate of a levy that is limited to, or to the 2575
extent that it is apportioned to, purposes other than current 2576
expenses shall be reduced in the same proportion in which the 2577
district's total valuation increases during the life of the levy 2578
because of additions to such valuation that have resulted from 2579
improvements added to the tax list and duplicate. 2580

       Sec. 3355.09. Upon receipt of a request from the university 2581
branch district managing authority, the boards of elections of the 2582
county or counties comprising such district shall place upon the 2583
ballot in the district at the next primary or general election 2584
occurring not less than seventy-five days after submission of such 2585
request by such managing authority, the question of levying a tax 2586
outside the ten-mill limitation, for a specified period of years, 2587
to provide funds for any of the following purposes: 2588

       (A) Purchasing a site or enlargement thereof; 2589

       (B) The erection and equipment of buildings; 2590

       (C) Enlarging, improving, or rebuilding buildings; 2591

       (D) The acquisition, construction, or improvement of any 2592
property which the university branch district managing authority 2593
is authorized to acquire, construct, or improve and which has been 2594
certified by the fiscal officer to have an estimated useful life 2595
of five or more years. 2596

       If a majority of the electors in such district voting on such 2597
question approve, the county auditor of the county or counties 2598
comprising such district shall annually place such levy on the tax 2599
duplicate in such district, in the amount set forth in the 2600
proposition approved by the electors. 2601

       The managing authority of the university branch district 2602
shall establish a special fund pursuant to section 3355.07 of the 2603
Revised Code for all revenue derived from any tax levied pursuant 2604
to provisions of this section. 2605

       The boards of election of the county or counties comprising 2606
the district shall cause to be published in a newspaper of general 2607
circulation in each such county, an advertisement of the proposed 2608
tax levy question,~~once each~~twice during the week ~~for three weeks~~ 2609
~~immediately preceding~~prior to the election at which the question 2610
is to appear on the ballot and also shall post a similar 2611
advertisement on their web site, or, if a board does not operate 2612
and maintain its own web site, on the web site operated and 2613
maintained on free internet space under section 3501.24 of the 2614
Revised Code, for thirty days prior to the election. 2615

       After the approval of such levy by vote, the managing 2616
authority of the university branch district may anticipate a 2617
fraction of the proceeds of such levy and from time to time, 2618
during the life of such levy, issue anticipation notes in an 2619
amount not to exceed seventy-five per cent of the estimated 2620
proceeds of such levy to be collected in each year over a period 2621
of five years after the date of the issuance of such notes, less 2622
an amount equal to the proceeds of such levy previously obligated 2623
for such year by the issuance of anticipation notes, provided, 2624
that the total amount maturing in any one year shall not exceed 2625
seventy-five per cent of the anticipated proceeds of such levy for 2626
that year. 2627

       Each issue of notes shall be sold as provided in Chapter 133. 2628
of the Revised Code and shall mature serially in substantially 2629
equal amounts, during each remaining year of the levy, not to 2630
exceed five, after their issuance. 2631

       Sec. 3375.03. Unless the transfer of certain library 2632
territory pursuant to division (G) of section 3375.01 of the 2633
Revised Code has been agreed to by the affected boards of library 2634
trustees, a referendum petition against the transfer of the 2635
territory to another library district, signed by qualified 2636
electors of the territory to be transferred ~~and~~ equal in number to 2637
at least ten per cent of ~~such~~those electors who voted in the last 2638
gubernatorial election, may be filed with the library board of the 2639
territory's current library district within sixty days after 2640
certified copies of the boundary change order have been filed in 2641
final form with the secretary of state, and the order shall not 2642
become effective until after the outcome of the referendum 2643
procedure prescribed in this section. 2644

       Each part of a petition filed pursuant to this section shall 2645
contain a full and correct title of the petition, a brief summary 2646
of its purpose, and a statement by the person soliciting 2647
signatures for the petition, made under penalty of election 2648
falsification, certifying that, to the best of the circulator's 2649
knowledge and belief, each signature contained in the petition is 2650
that of the person whose name it purports to be or of an attorney 2651
in fact acting pursuant to section 3501.382 of the Revised Code, 2652
that each person is an elector residing in the territory subject 2653
to transfer entitled to sign the petition, and that each person 2654
signed the petition with knowledge of its contents. The petition 2655
may contain additional information that shall fairly and 2656
accurately present the question to prospective petition signers. 2657

       The form of a petition calling for a referendum and the 2658
statement of the circulator shall be substantially as follows: 2659

"PETITION FOR REFERENDUM ON LIBRARY 2660

DISTRICT TRANSFER 2661

       A petition against the transfer of territory currently 2662
located in the ...................... library district and 2663
proposed for transfer by the state library board to the 2664
..................... library district. 2665

       We, the undersigned, being electors residing in the area 2666
proposed to be transferred, equal in number to not less than ten 2667
per cent of the qualified electors in the area subject to transfer 2668
who voted at the last general election, request the 2669
....................... library board to submit the question of 2670
the transfer of territory to the ......................... library 2671
district to the electors residing within the territory proposed to 2672
be transferred for approval or rejection at the next primary or 2673
general election. 2674

Street Address Date of 2675
Signature or R.F.D. Precinct Signing 2676

.............................................................. 2677

.............................................................. 2678

STATEMENT OF CIRCULATOR 2679

       I, ..................... (name of circulator) ........... 2680
..............., declare under penalty of election falsification 2681
that I am an elector of the state of Ohio and reside at the 2682
address appearing below my signature; that I am the circulator of 2683
the foregoing part petition containing 2684
.........(number)........... signatures; that I have witnessed the 2685
affixing of every signature; that all signers were to the best of 2686
my knowledge and belief qualified to sign; that every signature is 2687
to the best of my knowledge and belief the signature of the person 2688
whose signature it purports to be or of an attorney in fact acting 2689
pursuant to section 3501.382 of the Revised Code; and that such 2690
person signed the petition with knowledge of its contents. 2691

................................ 2692

(Signature of circulator) 2693

................................ 2694

(Address) 2695

................................ 2696

(City or village and zip code) 2697

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 2698
OF THE FIFTH DEGREE." 2699

       The person presenting a referendum petition under this 2700
section shall be given a receipt containing the time of day and 2701
the date on which the petition is filed with the library board and 2702
noting the purpose of and the number of signatures on the 2703
petition. The secretary of the library board shall cause the board 2704
of elections of the county or counties in which the territory to 2705
be transferred is located to check the sufficiency of signatures 2706
on ~~such~~the petition, and, if these are found to be sufficient, 2707
the secretary shall present the petition to the library board at a 2708
meeting of the board, which shall occur not later than thirty days 2709
following the filing of the petition with the board. The board 2710
shall promptly certify the question to the board of elections of 2711
the county or counties in which the territory to be transferred is 2712
located for the purpose of having the proposal placed on the 2713
ballot within that territory at the next general or primary 2714
election occurring not less than sixty days after the 2715
certification. 2716

       The form of the ballot to be used at the election on the 2717
question of the transfer shall be as follows: 2718

       "Shall the territory ..................... (here insert its 2719
boundaries) which is currently within the ................ 2720
........ (here insert the name of the current library district) 2721
library district be transferred to the ....................... 2722
(here insert the name of the library district to which the 2723
territory is proposed to be transferred) library district? 2724

..... For the transfer 2725
..... Against the transfer" 2726

       The persons qualified to vote on the question are the 2727
electors residing in the territory proposed to be transferred. The 2728
costs of an election held under this section shall be paid by the 2729
board of library trustees of the current library district of the 2730
territory to be transferred. The board of elections shall certify 2731
the result of the election to the state library board and to the 2732
library boards of the affected library district. 2733

       If a majority of electors voting on the question vote in 2734
favor of the transfer, the transfer shall take effect on the date 2735
of the certification of the election to the state library board. 2736
If a majority of the voters voting on the question do not vote for 2737
the transfer, the transfer shall not take place. 2738

       Sec. 3501.01. As used in the sections of the Revised Code 2739
relating to elections and political communications: 2740

       (A) "General election" means the election held on the first 2741
Tuesday after the first Monday in each November. 2742

       (B) "Regular municipal election" means the election held on 2743
the first Tuesday after the first Monday in November in each 2744
odd-numbered year. 2745

       (C) "Regular state election" means the election held on the 2746
first Tuesday after the first Monday in November in each 2747
even-numbered year. 2748

       (D) "Special election" means any election other than those 2749
elections defined in other divisions of this section. A special 2750
election may be held only on the first Tuesday after the first 2751
Monday in February, May, August, or November, or on the day 2752
authorized by a particular municipal or county charter for the 2753
holding of a primary election, except that in any year in which a 2754
presidential primary election is held, no special election shall 2755
be held in February or May, except as authorized by a municipal or 2756
county charter, but may be held on the first Tuesday after the 2757
first Monday in March. 2758

       (E)(1) "Primary" or "primary election" means an election held 2759
for the purpose of nominating persons as candidates of political 2760
parties for election to offices, and for the purpose of electing 2761
persons as members of the controlling committees of political 2762
parties and as delegates and alternates to the conventions of 2763
political parties. Primary elections shall be held on the first 2764
Tuesday after the first Monday in May of each year except in years 2765
in which a presidential primary election is held. 2766

       (2) "Presidential primary election" means a primary election 2767
as defined by division (E)(1) of this section at which an election 2768
is held for the purpose of choosing delegates and alternates to 2769
the national conventions of the major political parties pursuant 2770
to section 3513.12 of the Revised Code. Unless otherwise 2771
specified, presidential primary elections are included in 2772
references to primary elections. In years in which a presidential 2773
primary election is held, all primary elections shall be held on 2774
the first Tuesday after the first Monday in March except as 2775
otherwise authorized by a municipal or county charter. 2776

       (F) "Political party" means any group of voters meeting the 2777
requirements set forth in section 3517.01 of the Revised Code for 2778
the formation and existence of a political party. 2779

       (1) "Major political party" means any political party 2780
organized under the laws of this state whose candidate for 2781
governor or nominees for presidential electors received no less 2782
than twenty per cent of the total vote cast for such office at the 2783
most recent regular state election. 2784

       (2) "Intermediate political party" means any political party 2785
organized under the laws of this state whose candidate for 2786
governor or nominees for presidential electors received less than 2787
twenty per cent but not less than ten per cent of the total vote 2788
cast for such office at the most recent regular state election. 2789

       (3) "Minor political party" means any political party 2790
organized under the laws of this state whose candidate for 2791
governor or nominees for presidential electors received less than 2792
ten per cent but not less than five per cent of the total vote 2793
cast for such office at the most recent regular state election or 2794
which has filed with the secretary of state, subsequent to any 2795
election in which it received less than five per cent of such 2796
vote, a petition signed by qualified electors equal in number to 2797
at least one per cent of the total vote cast for such office in 2798
the last preceding regular state election, except that a newly 2799
formed political party shall be known as a minor political party 2800
until the time of the first election for governor or president 2801
which occurs not less than twelve months subsequent to the 2802
formation of such party, after which election the status of such 2803
party shall be determined by the vote for the office of governor 2804
or president. 2805

       (G) "Dominant party in a precinct" or "dominant political 2806
party in a precinct" means that political party whose candidate 2807
for election to the office of governor at the most recent regular 2808
state election at which a governor was elected received more votes 2809
than any other person received for election to that office in such 2810
precinct at such election. 2811

       (H) "Candidate" means any qualified person certified in 2812
accordance with the provisions of the Revised Code for placement 2813
on the official ballot of a primary, general, or special election 2814
to be held in this state, or any qualified person who claims to be 2815
a write-in candidate, or who knowingly assents to being 2816
represented as a write-in candidate by another at either a 2817
primary, general, or special election to be held in this state. 2818

       (I) "Independent candidate" means any candidate who claims 2819
not to be affiliated with a political party, and whose name has 2820
been certified on the office-type ballot at a general or special 2821
election through the filing of a statement of candidacy and 2822
nominating petition, as prescribed in section 3513.257 of the 2823
Revised Code. 2824

       (J) "Nonpartisan candidate" means any candidate whose name is 2825
required, pursuant to section 3505.04 of the Revised Code, to be 2826
listed on the nonpartisan ballot, including all candidates for 2827
judicial office, for member of any board of education, for 2828
municipal or township offices in which primary elections are not 2829
held for nominating candidates by political parties, and for 2830
offices of municipal corporations having charters that provide for 2831
separate ballots for elections for these offices. 2832

       (K) "Party candidate" means any candidate who claims to be a 2833
member of a political party, whose name has been certified on the 2834
office-type ballot at a general or special election through the 2835
filing of a declaration of candidacy and petition of candidate, 2836
and who has won the primary election of the candidate's party for 2837
the public office the candidate seeks or is selected by party 2838
committee in accordance with section 3513.31 of the Revised Code. 2839

       (L) "Officer of a political party" includes, but is not 2840
limited to, any member, elected or appointed, of a controlling 2841
committee, whether representing the territory of the state, a 2842
district therein, a county, township, a city, a ward, a precinct, 2843
or other territory, of a major, intermediate, or minor political 2844
party. 2845

       (M) "Question or issue" means any question or issue certified 2846
in accordance with the Revised Code for placement on an official 2847
ballot at a general or special election to be held in this state. 2848

       (N) "Elector" or "qualified elector" means a person having 2849
the qualifications provided by law to be entitled to vote. 2850

       (O) "Voter" means an elector who votes at an election. 2851

       (P) "Voting residence" means that place of residence of an 2852
elector which shall determine the precinct in which the elector 2853
may vote. 2854

       (Q) "Precinct" means a district within a county established 2855
by the board of elections of such county within which all 2856
qualified electors having a voting residence therein may vote at 2857
the same polling place. 2858

       (R) "Polling place" means that place provided for each 2859
precinct at which the electors having a voting residence in such 2860
precinct may vote. 2861

       (S) "Board" or "board of elections" means the board of 2862
elections appointed in a county pursuant to section 3501.06 of the 2863
Revised Code. 2864

       (T) "Political subdivision" means a county, township, city, 2865
village, or school district. 2866

       (U) "Election officer" or "election official" means any of 2867
the following: 2868

       (1) Secretary of state; 2869

       (2) Employees of the secretary of state serving the division 2870
of elections in the capacity of attorney, administrative officer, 2871
administrative assistant, elections administrator, office manager, 2872
or clerical supervisor; 2873

       (3) Director of a board of elections; 2874

       (4) Deputy director of a board of elections; 2875

       (5) Member of a board of elections; 2876

       (6) Employees of a board of elections; 2877

       (7) Precinct polling place judges and clerks; 2878

       (8) Employees appointed by the boards of elections on a 2879
temporary or part-time basis. 2880

       (V) "Acknowledgment notice" means a notice sent by a board of 2881
elections, on a form prescribed by the secretary of state, 2882
informing a voter registration applicant or an applicant who 2883
wishes to change the applicant's residence or name of the status 2884
of the application; the information necessary to complete or 2885
update the application, if any; and if the application is 2886
complete, the precinct in which the applicant is to vote. 2887

       (W) "Confirmation notice" means a notice sent by a board of 2888
elections, on a form prescribed by the secretary of state, to a 2889
registered elector to confirm the registered elector's current 2890
address. 2891

       (X) "Designated agency" means an office or agency in the 2892
state that provides public assistance or that provides 2893
state-funded programs primarily engaged in providing services to 2894
persons with disabilities and that is required by the National 2895
Voter Registration Act of 1993 to implement a program designed and 2896
administered by the secretary of state for registering voters, or 2897
any other public or government office or agency that implements a 2898
program designed and administered by the secretary of state for 2899
registering voters, including the department of job and family 2900
services, the program administered under section 3701.132 of the 2901
Revised Code by the department of health, the department of mental 2902
health, the department of mental retardation and developmental 2903
disabilities, the rehabilitation services commission, and any 2904
other agency the secretary of state designates. "Designated 2905
agency" does not include public high schools and vocational 2906
schools, public libraries, or the office of a county treasurer. 2907

       (Y) "National Voter Registration Act of 1993" means the 2908
"National Voter Registration Act of 1993," 107 Stat. 77, 42 2909
U.S.C.A. 1973gg. 2910

       (Z) "Voting Rights Act of 1965" means the "Voting Rights Act 2911
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended. 2912

       (AA) "Photo identification" means a document that meets each 2913
of the following requirements: 2914

        (1) It shows the name of the individual to whom it was 2915
issued, which shall conform to the name in the poll list or 2916
signature pollbook. 2917

        (2) It shows the current address of the individual to whom it 2918
was issued, which shall conform to the address in the poll list or 2919
signature pollbook. 2920

        (3) It shows a photograph of the individual to whom it was 2921
issued. 2922

        (4) It includes an expiration date that has not passed. 2923

        (5) It was issued by the government of the United States or 2924
this state. 2925

       Sec. 3501.05. The secretary of state shall do all of the 2926
following: 2927

       (A) Appoint all members of boards of elections; 2928

       (B) Issue instructions by directives and advisories to 2929
members of the boards as to the proper methods of conducting 2930
elections;. In addition to any other publication of those 2931
directives and advisories, the secretary of state shall publish 2932
those directives and advisories on a web site of the office of the 2933
secretary of state within twenty-four hours after they are issued. 2934
The secretary of state shall not remove from the web site any 2935
directives and advisories so posted. The secretary of state shall 2936
provide on that web site access to all directives and advisories 2937
currently in effect and to an archive of all directives and 2938
advisories previously published on that web site. 2939

       (C) Prepare rules and instructions for the conduct of 2940
elections; 2941

       (D) Publish and furnish to the boards from time to time a 2942
sufficient number of indexed copies of all election laws then in 2943
force; 2944

       (E) Edit and issue all pamphlets concerning proposed laws or 2945
amendments required by law to be submitted to the voters; 2946

       (F) Prescribe the form of registration cards, blanks, and 2947
records; 2948

       (G) Determine and prescribe the forms of ballots and the 2949
forms of all blanks, cards of instructions, pollbooks, tally 2950
sheets, certificates of election, and forms and blanks required by 2951
law for use by candidates, committees, and boards; 2952

       (H) Prepare the ballot title or statement to be placed on the 2953
ballot for any proposed law or amendment to the constitution to be 2954
submitted to the voters of the state; 2955

       (I) Certify to the several boards the forms of ballots and 2956
names of candidates for state offices, and the form and wording of 2957
state referendum questions and issues, as they shall appear on the 2958
ballot; 2959

       (J) Give final approval to ballot language for any local 2960
question or issue approved and transmitted by boards of elections 2961
under section 3501.11 of the Revised Code; 2962

       (K) Receive all initiative and referendum petitions on state 2963
questions and issues and determine and certify to the sufficiency 2964
of those petitions; 2965

       (L) Require such reports from the several boards as are 2966
provided by law, or as the secretary of state considers necessary; 2967

       (M) Compel the observance by election officers in the several 2968
counties of the requirements of the election laws; 2969

       (N)(1) Except as otherwise provided in division (N)(2) of 2970
this section, investigate the administration of election laws, 2971
frauds, and irregularities in elections in any county, and report 2972
violations of election laws to the attorney general or prosecuting 2973
attorney, or both, for prosecution; 2974

       (2) On and after August 24, 1995, report a failure to comply 2975
with or a violation of a provision in sections 3517.08 to 3517.13, 2976
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the 2977
Revised Code, whenever the secretary of state has or should have 2978
knowledge of a failure to comply with or a violation of a 2979
provision in one of those sections, by filing a complaint with the 2980
Ohio elections commission under section 3517.153 of the Revised 2981
Code; 2982

       (O) Make an annual report to the governor containing the 2983
results of elections, the cost of elections in the various 2984
counties, a tabulation of the votes in the several political 2985
subdivisions, and other information and recommendations relative 2986
to elections the secretary of state considers desirable; 2987

       (P) Prescribe and distribute to boards of elections a list of 2988
instructions indicating all legal steps necessary to petition 2989
successfully for local option elections under sections 4301.32 to 2990
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code; 2991

       (Q) ~~Prescribe a general program~~Adopt rules pursuant to 2992
Chapter 119. of the Revised Code to require each board of 2993
elections to remove ineligible voters from ~~official registration~~ 2994
~~lists by reason of change of~~the statewide voter registration 2995
database and, if already prepared for a particular election, from 2996
the poll list or signature pollbook used in each precinct, which 2997
rules shall provide for all of the following: 2998

       (1) A process for the removal of voters who have changed 2999
residence, which shall be uniform, nondiscriminatory, and in 3000
compliance with the Voting Rights Act of 1965 and the National 3001
Voter Registration Act of 1993, including a program that uses the 3002
national change of address service provided by the United States 3003
postal system through its licensees; 3004

       (2) A process for the removal of ineligible voters under 3005
section 3503.21 of the Revised Code; 3006

       (3) A uniform system for marking or removing the name of an 3007
ineligible voter from the statewide voter registration database 3008
and, if already prepared for a particular election, from the poll 3009
list or signature pollbook used in each precinct and noting the 3010
reason for that mark or removal. 3011

       (R) Prescribe a general program for registering voters or 3012
updating voter registration information, such as name and 3013
residence changes, at designated agencies, the offices of deputy 3014
registrars of motor vehicles, public high schools and vocational 3015
schools, public libraries, and the offices of county treasurers, 3016
and prescribe a program of distribution of voter registration 3017
forms through those agencies, the offices of the registrar and 3018
deputy registrars of motor vehicles, public high schools and 3019
vocational schools, public libraries, and the offices of county 3020
treasurers; 3021

       (S) To the extent feasible, provide copies, at no cost and 3022
upon request, of the voter registration form in post offices in 3023
this state; 3024

       (T) Adopt rules pursuant to section 111.15 of the Revised 3025
Code for the purpose of implementing the program for registering 3026
voters at designated agencies and the offices of the registrar and 3027
deputy registrars of motor vehicles consistent with this chapter; 3028

       (U) ~~Specify, by a directive issued not later than thirty-five~~ 3029
~~days prior to the date of an election, the date by which the~~ 3030
~~boards shall complete the canvass of election returns under~~ 3031
~~section 3505.32 or 3513.22 of the Revised Code;~~ 3032

       ~~(V)~~ Establish the full-time position of Americans with 3033
Disabilities Act coordinator within the office of the secretary of 3034
state to do all of the following: 3035

       (1) Assist the secretary of state with ensuring that there is 3036
equal access to polling places for persons with disabilities; 3037

       (2) Assist the secretary of state with ensuring that each 3038
voter may cast the voter's ballot in a manner that provides the 3039
same opportunity for access and participation, including privacy 3040
and independence, as for other voters; 3041

       (3) Advise the secretary of state in the development of 3042
standards for the certification of voting machines, marking 3043
devices, and automatic tabulating equipment. 3044

       ~~(W)~~(V) Establish a computerized statewide database of all 3045
legally registered voters under section 3503.15 of the Revised 3046
Code that complies with the requirements of the "Help America Vote 3047
Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666, and provide 3048
training in the operation of that system; 3049

       (W) Ensure that all directives, advisories, other 3050
instructions, or decisions issued or made during or as a result of 3051
any conference call with a board of elections to discuss the 3052
proper methods and procedures for conducting elections, to answer 3053
questions regarding elections, or to discuss the interpretation of 3054
directives, advisories, or other instructions issued by the 3055
secretary of state are posted on a web site of the office of the 3056
secretary of state as soon as is practicable after the completion 3057
of the conference call, but not later than the close of business 3058
on the same day as the conference call takes place. 3059

       (X) Publish a report on a web site of the office of the 3060
secretary of state not later than one month after the completion 3061
of the canvass of the election returns for each primary and 3062
general election, identifying, by county, the number of absent 3063
voter's ballots cast and the number of those ballots that were 3064
counted, and the number of provisional ballots cast and the number 3065
of those ballots that were counted, for that election. The 3066
secretary of state shall maintain the information on the web site 3067
in an archive format for each subsequent election. 3068

        (Y) Provide to each board of elections that does not operate 3069
and maintain its own web site free internet space to be used by 3070
the board for election-related purposes under section 3501.24 of 3071
the Revised Code; 3072

       (Z) Conduct voter education outlining voter identification 3073
requirements; 3074

       (AA) Perform other duties required by law. 3075

       Whenever a primary election is held under section 3513.32 of 3076
the Revised Code or a special election is held under section 3077
3521.03 of the Revised Code to fill a vacancy in the office of 3078
representative to congress, the secretary of state shall establish 3079
a deadline, notwithstanding any other deadline required under the 3080
Revised Code, by which any or all of the following shall occur: 3081
the filing of a declaration of candidacy and petitions or a 3082
statement of candidacy and nominating petition together with the 3083
applicable filing fee; the filing of protests against the 3084
candidacy of any person filing a declaration of candidacy or 3085
nominating petition; the filing of a declaration of intent to be a 3086
write-in candidate; the filing of campaign finance reports; the 3087
preparation of, and the making of corrections or challenges to, 3088
precinct voter registration lists; the receipt of applications for 3089
absent voter's ballots or armed service absent voter's ballots; 3090
the supplying of election materials to precincts by boards of 3091
elections; the holding of hearings by boards of elections to 3092
consider challenges to the right of a person to appear on a voter 3093
registration list; and the scheduling of programs to instruct or 3094
reinstruct election officers. 3095

       In the performance of the secretary of state's duties as the 3096
chief election officer, the secretary of state may administer 3097
oaths, issue subpoenas, summon witnesses, compel the production of 3098
books, papers, records, and other evidence, and fix the time and 3099
place for hearing any matters relating to the administration and 3100
enforcement of the election laws. 3101

       In any controversy involving or arising out of the adoption 3102
of registration or the appropriation of funds for registration, 3103
the secretary of state may, through the attorney general, bring an 3104
action in the name of the state in the court of common pleas of 3105
the county where the cause of action arose or in an adjoining 3106
county, to adjudicate the question. 3107

       In any action involving the laws in Title XXXV of the Revised 3108
Code wherein the interpretation of those laws is in issue in such 3109
a manner that the result of the action will affect the lawful 3110
duties of the secretary of state or of any board of elections, the 3111
secretary of state may, on the secretary of state's motion, be 3112
made a party. 3113

       The secretary of state may apply to any court that is hearing 3114
a case in which the secretary of state is a party, for a change of 3115
venue as a substantive right, and the change of venue shall be 3116
allowed, and the case removed to the court of common pleas of an 3117
adjoining county named in the application or, if there are cases 3118
pending in more than one jurisdiction that involve the same or 3119
similar issues, the court of common pleas of Franklin county. 3120

       Public high schools and vocational schools, public libraries, 3121
and the office of a county treasurer shall implement voter 3122
registration programs as directed by the secretary of state 3123
pursuant to this section. 3124

       Sec. 3501.052. (A) The secretary of state shall not serve as 3125
campaign treasurer or in any other official capacity for any 3126
campaign committee for any state or local office other than an 3127
office to which the secretary of state is seeking election. 3128

        (B) The secretary of state shall not serve as campaign 3129
treasurer or in any other official capacity for any principal 3130
campaign committee or other authorized committee for any federal 3131
office other than an office to which the secretary of state is 3132
seeking election. 3133

        (C) The secretary of state shall not serve as a treasurer or 3134
in any other official capacity for any committee named in an 3135
initiative petition, any committee named in a referendum petition, 3136
any person making disbursements for the direct costs of producing 3137
or airing electioneering communications, or any other committee 3138
regulated under Chapter 3517. of the Revised Code. 3139

       (D) The attorney general shall not serve as a treasurer or in 3140
any other official capacity for any committee named in an 3141
initiative petition or any committee named in a referendum 3142
petition. 3143

       (E) As used in this section: 3144

       (1) "Authorized committee" and "principal campaign committee" 3145
have the same meanings as in the Federal Election Campaign Act. 3146

        (2) "Campaign committee," "campaign treasurer," and "Federal 3147
Election Campaign Act" have the same meanings as in section 3148
3517.01 of the Revised Code. 3149

       (3) "Electioneering communication" has the same meaning as in 3150
section 3517.1011 of the Revised Code. 3151

       Sec. 3501.10. (A) The board of elections shall, as an 3152
expense of the board, provide suitable rooms for its offices and 3153
records and the necessary and proper furniture and supplies for 3154
those rooms. The board may lease such offices and rooms, necessary 3155
to its operation, for the length of time and upon the terms the 3156
board deems in the best interests of the public, provided that the 3157
term of any such lease shall not exceed fifteen years. 3158

       Thirty days prior to entering into such a lease, the board 3159
shall notify the board of county commissioners in writing of its 3160
intent to enter into the lease. The notice shall specify the terms 3161
and conditions of the lease. Prior to the thirtieth day after 3162
receiving that notice and before any lease is entered into, the 3163
board of county commissioners may reject the proposed lease by a 3164
majority vote. After receiving written notification of the 3165
rejection by the board of county commissioners, the board of 3166
elections shall not enter into the lease that was rejected, but 3167
may immediately enter into additional lease negotiations, subject 3168
to the requirements of this section. 3169

       The board of elections in any county may, by resolution, 3170
request that the board of county commissioners submit to the 3171
electors of the county, in accordance with section 133.18 of the 3172
Revised Code, the question of issuing bonds for the acquisition of 3173
real estate and the construction on it of a suitable building with 3174
necessary furniture and equipment for the proper administration of 3175
the duties of the board of elections. The resolution declaring the 3176
necessity for issuing such bonds shall relate only to the 3177
acquisition of real estate and to the construction, furnishing, 3178
and equipping of a building as provided in this division. 3179

       (B) The board of elections in each county shall keep its 3180
offices, or one or more of its branch registration offices, open 3181
for the performance of its duties until nine p.m. on the last day 3182
of registration before a general or primary election. At all other 3183
times during each week, the board shall keep its offices and rooms 3184
open for a period of time that the board considers necessary for 3185
the performance of its duties. 3186

       (C) The board of elections may maintain permanent or 3187
temporary branch offices at any place within the county, provided 3188
that, if the board of elections permits electors to vote at a 3189
branch office, electors shall not be permitted to vote at any 3190
other branch office or any other office of the board of elections. 3191

       Sec. 3501.11. Each board of elections shall exercise by a 3192
majority vote all powers granted to the board by Title XXXV of the 3193
Revised Code, shall perform all the duties imposed by law, and 3194
shall do all of the following: 3195

       (A) Establish, define, provide, rearrange, and combine 3196
election precincts; 3197

       (B) Fix and provide the places for registration and for 3198
holding primaries and elections; 3199

       (C) Provide for the purchase, preservation, and maintenance 3200
of booths, ballot boxes, books, maps, flags, blanks, cards of 3201
instructions, and other forms, papers, and equipment used in 3202
registration, nominations, and elections; 3203

       (D) Appoint and remove its director, deputy director, and 3204
employees and all registrars, judges, and other officers of 3205
elections, fill vacancies, and designate the ward or district and 3206
precinct in which each shall serve; 3207

       (E) Make and issue rules and instructions, not inconsistent 3208
with law or the rules, directives, or advisories issued by the 3209
secretary of state, as it considers necessary for the guidance of 3210
election officers and voters; 3211

       (F) Advertise and contract for the printing of all ballots 3212
and other supplies used in registrations and elections; 3213

       (G) Provide for the issuance of all notices, advertisements, 3214
and publications concerning elections, except as otherwise 3215
provided in division (G) of section 3501.17 of the Revised Code; 3216

       (H) Provide for the delivery of ballots, pollbooks, and other 3217
required papers and material to the polling places; 3218

       (I) Cause the polling places to be suitably provided with 3219
voting machines, marking devices, automatic tabulating equipment, 3220
stalls, and other required supplies;. In fulfilling this duty, 3221
each board of a county that uses voting machines, marking devices, 3222
or automatic tabulating equipment shall conduct a full vote of the 3223
board during a public session of the board on the allocation and 3224
distribution of voting machines, marking devices, and automatic 3225
tabulating equipment for each precinct in the county. 3226

       (J) Investigate irregularities, nonperformance of duties, or 3227
violations of Title XXXV of the Revised Code by election officers 3228
and other persons; administer oaths, issue subpoenas, summon 3229
witnesses, and compel the production of books, papers, records, 3230
and other evidence in connection with any such investigation; and 3231
report the facts to the prosecuting attorney; 3232

       (K) Review, examine, and certify the sufficiency and validity 3233
of petitions and nomination papers, and, after certification, 3234
return to the secretary of state all petitions and nomination 3235
papers that the secretary of state forwarded to the board; 3236

       (L) Receive the returns of elections, canvass the returns, 3237
make abstracts of them, and transmit those abstracts to the proper 3238
authorities; 3239

       (M) Issue certificates of election on forms to be prescribed 3240
by the secretary of state; 3241

       (N) Make an annual report to the secretary of state, on the 3242
form prescribed by the secretary of state, containing a statement 3243
of the number of voters registered, elections held, votes cast, 3244
appropriations received, expenditures made, and other data 3245
required by the secretary of state; 3246

       (O) Prepare and submit to the proper appropriating officer a 3247
budget estimating the cost of elections for the ensuing fiscal 3248
year; 3249

       (P) Perform other duties as prescribed by law or the rules, 3250
directives, or advisories of the secretary of state; 3251

       (Q) Investigate and determine the residence qualifications of 3252
electors; 3253

       (R) Administer oaths in matters pertaining to the 3254
administration of the election laws; 3255

       (S) Prepare and submit to the secretary of state, whenever 3256
the secretary of state requires, a report containing the names and 3257
residence addresses of all incumbent county, municipal, township, 3258
and board of education officials serving in their respective 3259
counties; 3260

       (T) Establish and maintain a voter registration of all 3261
qualified electors in the county who offer to register; 3262

       (U) Maintain voter registration records, make reports 3263
concerning voter registration as required by the secretary of 3264
state, and remove ineligible electors from voter registration 3265
lists in accordance with law and directives of the secretary of 3266
state; 3267

       (V) ~~At least annually, on a schedule and in a format~~ 3268
~~prescribed by the secretary of state, submit to the secretary of~~ 3269
~~state an accurate and current list of all registered voters in the~~ 3270
~~county for the purpose of assisting the secretary of state to~~ 3271
~~maintain a master list of registered voters pursuant to section~~ 3272
~~3503.27 of the Revised Code;~~ 3273

       ~~(W)~~ Give approval to ballot language for any local question 3274
or issue and transmit the language to the secretary of state for 3275
the secretary of state's final approval; 3276

       ~~(X)~~(W) Prepare and cause the following notice to be displayed 3277
in a prominent location in every polling place: 3278

"NOTICE 3279

       Ohio law prohibits any person from voting or attempting to 3280
vote more than once at the same election. 3281

       Violators are guilty of a felony of the fourth degree and 3282
shall be imprisoned and additionally may be fined in accordance 3283
with law." 3284

       (X) In all cases of a tie vote or a disagreement in the 3285
board, if no decision can be arrived at, the director or 3286
chairperson shall submit the matter in controversy, not later than 3287
fourteen days after the tie vote or the disagreement, to the 3288
secretary of state, who shall summarily decide the question, and 3289
the secretary of state's decision shall be final. 3290

       (Y) Assist each designated agency, deputy registrar of motor 3291
vehicles, public high school and vocational school, public 3292
library, and office of a county treasurer in the implementation of 3293
a program for registering voters at all voter registration 3294
locations as prescribed by the secretary of state. Under this 3295
program, each board of elections shall direct to the appropriate 3296
board of elections any voter registration applications for persons 3297
residing outside the county where the board is located within five 3298
days after receiving the applications. 3299

       (Z) On any day on which an elector may vote in person at the 3300
office of the board or at another site designated by the board, 3301
consider the board or other designated site ~~shall be considered~~ a 3302
polling place for that day~~, and all~~. All requirements or 3303
prohibitions of law that apply to a polling place shall apply to 3304
the office of the board or other designated site on that day. 3305

       Sec. 3501.13. (A) The director of the board of elections 3306
shall keep a full and true record of the proceedings of the board 3307
and of all moneys received and expended; file and preserve in ~~its~~ 3308
the board's office all orders and records pertaining to the 3309
administration of registrations, primaries, and elections; receive 3310
and have the custody of all books, papers, and property belonging 3311
to the board; and ~~shall~~ perform ~~such~~ other duties in connection 3312
with ~~his~~the office of director and the proper conduct of 3313
elections as the board determines. 3314

       (B) Before entering upon the duties of ~~his~~the office, the 3315
director shall subscribe to an oath that hethe director will 3316
support the ~~constitutions~~Constitution of the United States and of 3317
~~this state~~the Ohio Constitution, perform all the duties of the 3318
~~director~~office to the best of ~~his~~the director's ability, enforce 3319
the election laws, and preserve all records, documents, and other 3320
property pertaining to the conduct of elections placed in ~~his~~the 3321
director's custody. 3322

       (C) The director may administer oaths to ~~such~~ persons ~~as are~~ 3323
required by law to file certificates or other papers with the 3324
board, to judges ~~and clerks~~ of elections, to witnesses who are 3325
called to testify before the board, and to voters filling out 3326
blanks at the board's offices. Except as otherwise provided by 3327
state or federal law, the records of the board and papers and 3328
books filed in its office are public records and open to 3329
inspection under such reasonable regulations as shall be 3330
established by the board. The following notice shall be posted in 3331
a prominent place at each board office: 3332

       "Except as otherwise provided by state or federal law, 3333
records filed in this office of the board of elections are open to 3334
public inspection during normal office hours, pursuant to the 3335
following reasonable regulations: (the board shall here list its 3336
regulations). Whoever prohibits any person from inspecting the 3337
public records of this board is subject to the penalties of 3338
section 3599.161 of the Revised Code." 3339

       (D) Upon receipt of a written declaration of intent to retire 3340
as provided for in section 145.38 of the Revised Code, the 3341
director shall provide a copy to each member of the board of 3342
elections. 3343

       Sec. 3501.19. (A) Except as otherwise provided in division 3344
(C) of this section, on the sixtieth day before the day of each 3345
general election in an even-numbered year, the board of elections 3346
shall send by nonforwardable mail to each elector who is 3347
registered to vote in a precinct in which an election will be 3348
conducted a notice that includes each of the following: 3349

       (1) The day of the election; 3350

       (2) The location of the polling place for the precinct in 3351
which the elector is registered to vote; 3352

       (3) A reminder, which shall be indicated in bold type, that 3353
the elector needs to bring to the polling place identification in 3354
the form of a current and valid photo identification, a copy of a 3355
current utility bill, bank statement, government check, paycheck, 3356
or other government document that shows the name and current 3357
address of the elector, or the last four digits of the elector's 3358
social security number, but that the elector still will be able to 3359
vote if the elector does not have any of these forms of 3360
identification or the last four digits of the elector's social 3361
security number. 3362

       (B) If the notice sent under division (A) of this section is 3363
returned undelivered to the board, the board shall cause the 3364
elector's name in the official registration list and in the poll 3365
list or signature pollbook for that elector's precinct to be 3366
marked to indicate that the notice was returned to the board. 3367

       At the first election at which an elector whose name has been 3368
so marked appears to vote, the elector shall be required to 3369
provide identification to the election officials and to vote by 3370
provisional ballot under section 3505.181 of the Revised Code. If 3371
the provisional ballot is counted pursuant to division (B)(3) of 3372
section 3505.183 of the Revised Code, the board shall correct that 3373
elector's registration, if needed, and shall remove the indication 3374
that the elector's notice was returned from that elector's name on 3375
the official registration list and on the poll list or signature 3376
pollbook. 3377

       (C) No board of elections shall be required to mail a notice 3378
under division (A) of this section to any elector who registered 3379
to vote within thirty days prior to the date for mailing the 3380
notice under that division. 3381

       Sec. 3501.24. Each board of elections that does not operate 3382
and maintain its own web site shall operate and maintain a web 3383
site using the free internet space provided by the secretary of 3384
state under division (Y) of section 3501.05 of the Revised Code. 3385
Among other election-related purposes for which that internet 3386
space may be used, the board shall use that internet space to post 3387
the required notices of elections on questions or issues for 3388
thirty days prior to the election under sections 306.70, 307.791, 3389
322.021, 324.021, 503.162, 504.02, 504.03, 511.28, 511.34, 513.14, 3390
745.07, 747.11, 3311.21, 3311.50, 3311.73, 3349.29, 3354.12, 3391
3355.09, 4504.021, 5705.191, 5705.194, 5705.196, 5705.21, 3392
5705.218, 5705.25, 5705.251, 5705.261, 5705.71, 5739.022, 5748.02, 3393
5748.04, 5748.08, and 6119.18 of the Revised Code. The board may 3394
include in that internet space a feature that allows any person in 3395
that county to enter the person's address and promptly receive 3396
notification of the person's correct precinct number and polling 3397
place, regardless of whether the person is listed on the statewide 3398
voter registration list as being registered to vote in that 3399
county. 3400

       Sec. 3501.26. When the polls are closed after a primary, 3401
general, or special election, the receiving officials shall, in 3402
the presence of the counting officials and attending ~~witnesses~~ 3403
observers, proceed as follows: 3404

       (A) Count the number of electors who voted, as shown on the 3405
poll books.; 3406

       (B) Count the unused ballots without removing stubs.; 3407

       (C) Count the soiled and defaced ballots.; 3408

       (D) Insert the totals of divisions (A), (B), and (C) of this 3409
section on the report forms provided therefor in the poll books.; 3410

       (E) Count the voted ballots. If the number of voted ballots 3411
exceeds the number of voters whose names appear upon the poll 3412
books, the presiding judge shall enter on the poll books an 3413
explanation of ~~such~~that discrepancy, and ~~such~~that explanation, 3414
if agreed to, shall be subscribed to by all of the judges. Any 3415
judge having a different explanation shall enter it in the poll 3416
books and subscribe to it. 3417

       (F) Put the unused ballots with stubs attached, and soiled 3418
and defaced ballots with stubs attached, in the envelopes or 3419
containers provided therefor, and certify the number. 3420

       The receiving officials shall deliver to and place in the 3421
custody of the counting officials all the supplies provided for 3422
the conduct of ~~such~~that election and the ballots ~~which~~that are 3423
to be counted and tallied, and take a receipt for the same, which 3424
receipt shall appear in and be a part of the poll books of such 3425
precinct. Having performed their duties, the receiving officials 3426
shall immediately depart. 3427

       Having receipted for the ballots, the counting officials 3428
shall proceed to count and tally the vote as cast in the manner 3429
prescribed by section 3505.27 of the Revised Code and certify the 3430
result of the election to the board of elections. 3431

       Sec. 3501.30. (A) The board of elections shall provide for 3432
each polling place the necessary ballot boxes, official ballots, 3433
cards of instructions, registration forms, pollbooks or poll 3434
lists, tally sheets, forms on which to make summary statements, 3435
writing implements, paper, and all other supplies necessary for 3436
casting and counting the ballots and recording the results of the 3437
voting at the polling place. The pollbooks or poll lists shall 3438
have certificates appropriately printed on them for the signatures 3439
of all the precinct officials, by which they shall certify that, 3440
to the best of their knowledge and belief, the pollbooks or poll 3441
lists correctly show the names of all electors who voted in the 3442
polling place at the election indicated in the ~~pollbook~~pollbooks 3443
or poll ~~list~~lists. 3444

        All of the following shall be included among the supplies 3445
provided to each polling place: 3446

       (1) A large map of each appropriate precinct, which shall be 3447
displayed prominently to assist persons who desire to register or 3448
vote on election day. Each map shall show all streets within the 3449
precinct and contain identifying symbols of the precinct in bold 3450
print. 3451

        (2) Any materials, postings, or instructions required to 3452
comply with state or federal laws; 3453

       (3) A flag of the United States approximately two and 3454
one-half feet in length along the top, which shall be displayed 3455
outside the entrance to the polling place during the time it is 3456
open for voting; 3457

       (4) Two or more small flags of the United States 3458
approximately fifteen inches in length along the top, which shall 3459
be placed at a distance of one hundred feet from the polling place 3460
on the thoroughfares or walkways leading to the polling place, to 3461
mark the distance within which persons other than election 3462
officials, ~~witnesses, challengers~~observers, police officers, and 3463
electors waiting to mark, marking, or casting their ballots shall 3464
not loiter, congregate, or engage in any kind of election 3465
campaigning. Where small flags cannot reasonably be placed one 3466
hundred feet from the polling place, the presiding election judge 3467
shall place the flags as near to one hundred feet from the 3468
entrance to the polling place as is physically possible. Police 3469
officers and all election officials shall see that this 3470
prohibition against loitering and congregating is enforced. 3471

       When the period of time during which the polling place is 3472
open for voting expires, all of the flags described in this 3473
division shall be taken into the polling place, and shall be 3474
returned to the board together with all other election supplies 3475
required to be delivered to the board. 3476

       (B) The board of elections shall follow the instructions and 3477
advisories of the secretary of state in the production and use of 3478
polling place supplies. 3479

       Sec. 3501.33. All judges of election shall enforce peace and 3480
good order in and about the place of registration or election. 3481
They shall especially keep the place of access of the electors to 3482
the polling place open and unobstructed and prevent and stop any 3483
improper practices or attempts tending to obstruct, intimidate, or 3484
interfere with any elector in registering or voting. They shall 3485
protect ~~challengers and witnesses~~observers against molestation 3486
and violence in the performance of their duties, and may eject 3487
from the polling place any ~~such challenger or witness~~observer for 3488
violation of any provision of Title XXXV of the Revised Code. They 3489
shall prevent riots, violence, tumult, or ~~the~~ disorder. In the 3490
discharge of these duties, they may call upon the sheriff, police, 3491
or other peace officers to aid them in enforcing the law. They may 3492
order the arrest of any person violating ~~such title~~Title XXXV of 3493
the Revised Code, but such an arrest shall not prevent ~~such~~the 3494
person from registering or voting if hethe person is entitled to 3495
do so. The sheriff, all constables, police officers, and other 3496
officers of the peace shall immediately obey and aid in the 3497
enforcement of any lawful order made by the precinct election 3498
officials in the enforcement of ~~such title~~Title XXXV of the 3499
Revised Code. 3500

       Sec. 3501.35. (A) During an election and the counting of the 3501
ballots, no person shall ~~loiter or~~do any of the following: 3502

       (1) Loiter, congregate, or engage in any kind of election 3503
campaigning within the area between the polling place and the 3504
small flags of the United States placed on the thoroughfares and 3505
walkways leading to the polling place, and if the line of electors 3506
waiting to vote extends beyond those small flags, within ten feet 3507
of any elector in that line; in 3508

       (2) In any manner hinder or delay an elector in reaching or 3509
leaving the place fixed for casting ~~his~~the elector's ballot; 3510
~~within such distance give,~~ 3511

       (3) Give, tender, or exhibit any ballot or ticket to any 3512
person other than ~~his~~the elector's own ballot to the judge of 3513
election within the area between the polling place and the small 3514
flags of the United States placed on the thoroughfares and 3515
walkways leading to the polling place, and if the line of electors 3516
waiting to vote extends beyond those small flags, within ten feet 3517
of any elector in that line; ~~exhibit~~ 3518

       (4) Exhibit any ticket or ballot which hethe elector intends 3519
to cast; ~~or solicit~~ 3520

       (5) Solicit or in any manner attempt to influence any elector 3521
in casting ~~his~~the elector's vote. No 3522

       (B) Except as otherwise provided in division (C) of section 3523
3503.23 of the Revised Code, no person,who is not an election 3524
official, employee, ~~witness, challenger~~observer, or police 3525
officer, shall be allowed to enter the polling place during the 3526
election, except for the purpose of voting or assisting another 3527
person to vote as provided in section 3505.24 of the Revised Code. 3528
No 3529

       (C) No more electors shall be allowed to approach the voting 3530
shelves at any time than there are voting shelves provided. ~~The~~ 3531

       (D) The judges of election and the police officer shall 3532
strictly enforce the observance of this section. 3533

       Sec. 3501.38. All declarations of candidacy, nominating 3534
petitions, or other petitions presented to or filed with the 3535
secretary of state or a board of elections or with any other 3536
public office for the purpose of becoming a candidate for any 3537
nomination or office or for the holding of an election on any 3538
issue shall, in addition to meeting the other specific 3539
requirements prescribed in the sections of the Revised Code 3540
relating to them, be governed by the following rules: 3541

       (A) Only electors qualified to vote on the candidacy or issue 3542
which is the subject of the petition shall sign a petition. Each 3543
signer shall be a registered elector pursuant to section 3503.11 3544
of the Revised Code. The facts of qualification shall be 3545
determined as of the date when the petition is filed. 3546

       (B) Signatures shall be affixed in ink. Each signer may also 3547
print the signer's name, so as to clearly identify the signer's 3548
signature. 3549

       (C) Each signer shall place on the petition after the 3550
signer's name the date of signing and the location of the signer's 3551
voting residence, including the street and number if in a 3552
municipal corporation or the rural route number, post office 3553
address, or township if outside a municipal corporation. The 3554
voting address given on the petition shall be the address 3555
appearing in the registration records at the board of elections. 3556

       (D) NoExcept as otherwise provided in section 3501.382 of 3557
the Revised Code, no person shall write any name other than the 3558
person's own on any petition. NoExcept as otherwise provided in 3559
section 3501.382 of the Revised Code, no person may authorize 3560
another to sign for the person. If a petition contains the 3561
signature of an elector two or more times, only the first 3562
signature shall be counted. 3563

       (E)(1) On each petition paper, the circulator shall indicate 3564
the number of signatures contained on it, and shall sign a 3565
statement made under penalty of election falsification that the 3566
circulator witnessed the affixing of every signature, that all 3567
signers were to the best of the circulator's knowledge and belief 3568
qualified to sign, and that every signature is to the best of the 3569
circulator's knowledge and belief the signature of the person 3570
whose signature it purports to be or of an attorney in fact acting 3571
pursuant to section 3501.382 of the Revised Code. On the 3572
circulator's statement for a declaration of candidacy,or 3573
nominating petition~~, or declaration of intent to be a write-in~~ 3574
~~candidate~~ for a person seeking to become a statewide candidate or 3575
for a statewide initiative or a statewide referendum petition, the 3576
circulator shall identify the circulator's name and address and 3577
the name and address of the person employing the circulator to 3578
circulate the petition, if any. 3579

       (2) As used in division (E) of this section, "statewide 3580
candidate" means the joint candidates for the offices of governor 3581
and lieutenant governor or a candidate for the office of secretary 3582
of state, auditor of state, treasurer of state, or attorney 3583
general. 3584

       (F) IfExcept as otherwise provided in section 3501.382 of 3585
the Revised Code, if a circulator knowingly permits an unqualified 3586
person to sign a petition paper or permits a person to write a 3587
name other than the person's own on a petition paper, that 3588
petition paper is invalid; otherwise, the signature of a person 3589
not qualified to sign shall be rejected but shall not invalidate 3590
the other valid signatures on the paper. 3591

       (G) The circulator of a petition may, before filing it in a 3592
public office, strike from it any signature the circulator does 3593
not wish to present as a part of the petition. 3594

       (H) Any signer of a petition or an attorney in fact acting 3595
pursuant to section 3501.382 of the Revised Code on behalf of a 3596
signer may remove the signer's signature from that petition at any 3597
time before the petition is filed in a public office by striking 3598
the signer's name from the petition; no signature may be removed 3599
after the petition is filed in any public office. 3600

       (I)(1) No alterations, corrections, or additions may be made 3601
to a petition after it is filed in a public office. 3602

       (2) No petition may be withdrawn after it is filed in a 3603
public office. Nothing in this division prohibits a person from 3604
withdrawing as a candidate as otherwise provided by law. 3605

       (J) All declarations of candidacy, nominating petitions, or 3606
other petitions under this section shall be accompanied by the 3607
following statement in boldface capital letters: WHOEVER COMMITS 3608
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE. 3609

       (K) All separate petition papers shall be filed at the same 3610
time, as one instrument. 3611

       (L) If a board of elections distributes for use a petition 3612
form for a declaration of candidacy, nominating petition, 3613
~~declaration of intent to be a write-in candidate,~~ or any type of 3614
question or issue petition that does not satisfy the requirements 3615
of law as of the date of that distribution, the board shall not 3616
invalidate the petition on the basis that the petition form does 3617
not satisfy the requirements of law, if the petition otherwise is 3618
valid. Division (L) of this section applies only if the candidate 3619
received the petition from the board within ninety days of when 3620
the petition is required to be filed. 3621

       Sec. 3501.382. (A)(1) A registered voter who, by reason of 3622
physical disability, is unable to sign the voter's name as a 3623
candidate, signer, or circulator on a declaration of candidacy and 3624
petition, nominating petition, other petition, or other document 3625
under Title XXXV of the Revised Code may authorize a legally 3626
competent resident of this state who is eighteen years of age or 3627
older as an attorney in fact to sign that voter's name to the 3628
petition or other election document, at the voter's direction and 3629
in the voter's presence, in accordance with this division. The 3630
voter shall file with the board of elections of the voter's county 3631
of residence a notarized form that includes or has attached all of 3632
the following: 3633

       (a) The name of the voter who is authorizing an attorney in 3634
fact to sign petitions or other election documents on that voter's 3635
behalf, at the voter's direction and in the voter's presence; 3636

       (b) An attestation of the voter that the voter, by reason of 3637
physical disability, is unable to sign petitions or other election 3638
documents and that the voter desires the attorney in fact to sign 3639
them on the voter's behalf, at the direction of the voter and in 3640
the voter's presence; 3641

       (c) An attestation from a licensed physician that the voter 3642
is physically disabled and, by reason of that disability, is 3643
unable to sign petitions or other election documents; 3644

       (d) The name, residence address, date of birth, and, if 3645
applicable, Ohio supreme court registration number of the attorney 3646
in fact authorized to sign on the voter's behalf, at the voter's 3647
direction and in the voter's presence. A photocopy of the attorney 3648
in fact's driver's license or state identification card issued 3649
under section 4507.50 of the Revised Code shall be attached to the 3650
notarized form. 3651

       (e) The form of the signature that the attorney in fact will 3652
use in signing petitions or other election documents on the 3653
voter's behalf, at the voter's direction and in the voter's 3654
presence. 3655

       (2) In addition to performing customary notarial acts with 3656
respect to the power of attorney form described in division (A)(1) 3657
of this section, the notary public shall acknowledge that the 3658
voter in question orally affirmed in the presence of the notary 3659
public the information listed in divisions (A)(1)(a), (b), and (d) 3660
of this section. A notary public shall not perform any notarial 3661
acts with respect to such a power of attorney form unless the 3662
voter first gives such an oral affirmation. Only a notary public 3663
satisfying the requirements of section 147.01 of the Revised Code 3664
may perform notarial acts with respect to such a power of attorney 3665
form. 3666

       (B) A board of elections that receives a notarized form under 3667
division (A)(1)(e) of this section from a voter shall do both of 3668
the following: 3669

       (1) Use the signature provided in accordance with division 3670
(A)(1)(e) of this section for the purpose of verifying the voter's 3671
signature on all declarations of candidacy and petitions, 3672
nominating petitions, other petitions, or other documents signed 3673
by that voter under Title XXXV of the Revised Code; 3674

       (2) Cause the poll list or signature pollbook for the 3675
relevant precinct to identify the voter in question as having 3676
authorized an attorney in fact to sign petitions or other election 3677
documents on the voter's behalf, at the voter's direction and in 3678
the voter's presence. 3679

       (C) Notwithstanding division (D) of section 3501.38 or any 3680
other provision of the Revised Code to the contrary, an attorney 3681
in fact authorized to sign petitions or other election documents 3682
on a physically disabled voter's behalf, at the direction of and 3683
in the presence of that voter, in accordance with division (A) of 3684
this section may sign that voter's name to any petition or other 3685
election document under Title XXXV of the Revised Code after the 3686
power of attorney has been filed with the board of elections in 3687
accordance with division (A) of this section. The signature shall 3688
be deemed to be that of the physically disabled voter, and the 3689
voter shall be deemed to be the signer. 3690

       (D)(1) Notwithstanding division (F) of section 3501.38 or any 3691
other provision of the Revised Code to the contrary, the 3692
circulator of a petition may knowingly permit an attorney in fact 3693
to sign the petition on a physically disabled voter's behalf, at 3694
the direction of and in the presence of that voter, in accordance 3695
with division (A) of this section. 3696

       (2) Notwithstanding division (F) of section 3501.38 or any 3697
other provision of the Revised Code to the contrary, no petition 3698
paper shall be invalidated on the ground that the circulator 3699
knowingly permitted an attorney in fact to write a name other than 3700
the attorney in fact's own name on a petition paper, if that 3701
attorney in fact signed the petition on a physically disabled 3702
voter's behalf, at the direction of and in the presence of that 3703
voter, in accordance with division (C) of this section. 3704

       (E) The secretary of state shall prescribe the form and 3705
content of the form for the power of attorney prescribed under 3706
division (A) of this section and also shall prescribe the form and 3707
content of a distinct form to revoke such a power of attorney. 3708

       Sec. 3501.39. (A) The secretary of state or a board of 3709
elections shall accept any petition described in section 3501.38 3710
of the Revised Code unless one of the following occurs: 3711

       (1) A written protest against the petition or candidacy, 3712
naming specific objections, is filed, a hearing is held, and a 3713
determination is made by the election officials with whom the 3714
protest is filed that the petition is invalid, in accordance with 3715
any section of the Revised Code providing a protest procedure. 3716

       (2) A written protest against the petition or candidacy, 3717
naming specific objections, is filed, a hearing is held, and a 3718
determination is made by the election officials with whom the 3719
protest is filed that the petition violates any requirement 3720
established by law. 3721

       (3) The candidate's candidacy or the petition violates the 3722
requirements of this chapter, Chapter 3513. of the Revised Code, 3723
or any other requirements established by law. 3724

       (B) Except as otherwise provided in division (C) of this 3725
section or section 3513.052 of the Revised Code, a board of 3726
elections shall not invalidate any declaration of candidacy or 3727
nominating petition under division (A)(3) of this section after 3728
the fiftieth day prior to the election at which the candidate 3729
seeks nomination to office, if the candidate filed a declaration 3730
of candidacy, or election to office, if the candidate filed a 3731
nominating petition. 3732

       (C)(1) If a petition is filed for the nomination or election 3733
of a candidate in a charter municipal corporation with a filing 3734
deadline that occurs after the seventy-fifth day before the day of 3735
the election, a board of elections may invalidate the petition 3736
within fifteen days after the date of that filing deadline. 3737

       (2) If a petition for the nomination or election of a 3738
candidate is invalidated under division (C)(1) of this section, 3739
that person's name shall not appear on the ballots for any office 3740
for which the person's petition has been invalidated. If the 3741
ballots have already been prepared, the board of elections shall 3742
remove the name of that person from the ballots to the extent 3743
practicable in the time remaining before the election. If the name 3744
is not removed from the ballots before the day of the election, 3745
the votes for that person are void and shall not be counted. 3746

       Sec. 3501.90. (A) As used in this section: 3747

       (1) "Harassment in violation of the election law" means 3748
either of the following: 3749

       (a) Any of the following types of conduct in or about a 3750
polling place or a place of registration or election: obstructing 3751
access of an elector to a polling place; another improper practice 3752
or attempt tending to obstruct, intimidate, or interfere with an 3753
elector in registering or voting at a place of registration or 3754
election; molesting or otherwise engaging in violence against 3755
observers in the performance of their duties at a place of 3756
registration or election; or participating in a riot, violence, 3757
tumult, or disorder in and about a place of registration or 3758
election; 3759

       (b) A violation of division (A)(1), (2), (3), or (5) or 3760
division (B) of section 3501.35 of the Revised Code. 3761

       (2) "Person" has the same meaning as in division (C) of 3762
section 1.59 of the Revised Code and also includes any 3763
organization that is not otherwise covered by that division. 3764

       (3) "Trier of fact" means the jury or, in a nonjury action, 3765
the court. 3766

       (B) An elector who has experienced harassment in violation of 3767
the election law has a cause of action against each person that 3768
committed the harassment in violation of the election law. In any 3769
civil action based on this cause of action, the elector may seek a 3770
declaratory judgment, an injunction, or other appropriate 3771
equitable relief. The civil action may be commenced by an elector 3772
who has experienced harassment in violation of the election law 3773
either alone or as a party to a class action under Civil Rule 23. 3774

       (C)(1) In addition to the equitable relief authorized by 3775
division (B) of this section, an elector who has experienced 3776
harassment in violation of the election law may be entitled to 3777
relief under division (C)(2) or (3) of this section. 3778

        (2) If the harassment in violation of the election law 3779
involved intentional or reckless threatening or causing of bodily 3780
harm to the elector while the elector was attempting to register 3781
to vote, to obtain an absent voter's ballot, or to vote, the 3782
elector may seek, in a civil action based on the cause of action 3783
created by division (B) of this section, monetary damages as 3784
prescribed in this division. The civil action may be commenced by 3785
the elector who has experienced harassment in violation of the 3786
election law either alone or as a party to a class action under 3787
Civil Rule 23. Upon proof by a preponderance of the evidence in 3788
the civil action that the harassment in violation of the election 3789
law involved intentional or reckless threatening or causing of 3790
bodily harm to the elector, the trier of fact shall award the 3791
elector the greater of three times of the amount of the elector's 3792
actual damages or one thousand dollars. The court also shall award 3793
a prevailing elector reasonable attorney's fees and court costs. 3794

        (3) Whether a civil action on the cause of action created by 3795
division (B) of this section is commenced by an elector who has 3796
experienced harassment in violation of the election law alone or 3797
as a party to a class action under Civil Rule 23, if the defendant 3798
in the action is an organization that has previously been 3799
determined in a court of this state to have engaged in harassment 3800
in violation of the election law, the elector may seek an order of 3801
the court granting any of the following forms of relief upon proof 3802
by a preponderance of the evidence: 3803

        (a) Divestiture of the organization's interest in any 3804
enterprise or in any real property; 3805

        (b) Reasonable restrictions upon the future activities or 3806
investments of the organization, including, but not limited to, 3807
prohibiting the organization from engaging in any harassment in 3808
violation of the election law; 3809

        (c) The dissolution or reorganization of the organization; 3810

        (d) The suspension or revocation of any license, permit, or 3811
prior approval granted to the organization by any state agency; 3812

        (e) The revocation of the organization's authorization to do 3813
business in this state if the organization is a foreign 3814
corporation or other form of foreign entity. 3815

        (D) It shall not be a defense in a civil action based on the 3816
cause of action created by division (B) of this section, whether 3817
commenced by an elector who has experienced harassment in 3818
violation of the election law alone or as a party to a class 3819
action under Civil Rule 23, that no criminal prosecution was 3820
commenced or conviction obtained in connection with the conduct 3821
alleged to be the basis of the civil action. 3822

        (E) In a civil action based on the cause of action created by 3823
division (B) of this section, whether commenced by an elector who 3824
has experienced harassment in violation of the election law alone 3825
or as a party to a class action under Civil Rule 23, the elector 3826
may name as defendants each individual who engaged in conduct 3827
constituting harassment in violation of the election law as well 3828
as any person that employs, sponsors, or uses as an agent any such 3829
individual or that has organized a common scheme to cause 3830
harassment in violation of the election law. 3831

       Sec. 3503.06. (A) No person shall be entitled to vote at any 3832
election~~, or to sign or circulate any declaration of candidacy or~~ 3833
~~any nominating, initiative, referendum, or recall petition,~~ unless 3834
the person is registered as an elector and will have resided in 3835
the county and precinct where the person is registered for at 3836
least thirty days at the time of the next election. 3837

       (B)(1) No person shall be entitled to circulate any 3838
initiative, referendum, declaration of candidacy, nominating, or 3839
recall petition unless the person is a resident of this state. 3840

       (2) All election officials, in determining the residence of a 3841
person circulating a petition under division (B)(1) of this 3842
section, shall be governed by the following rules: 3843

       (a) That place shall be considered the residence of a person 3844
in which the person's habitation is fixed and to which, whenever 3845
the person is absent, the person has the intention of returning. 3846

       (b) A person shall not be considered to have lost the 3847
person's residence who leaves the person's home and goes into 3848
another state for temporary purposes only, with the intention of 3849
returning. 3850

       (c) A person shall not be considered to have gained a 3851
residence in any county of this state into which the person comes 3852
for temporary purposes only, without the intention of making that 3853
county the permanent place of abode. 3854

       (d) If a person removes to another state with the intention 3855
of making that state the person's residence, the person shall be 3856
considered to have lost the person's residence in this state. 3857

       (e) Except as otherwise provided in division (B)(2)(f) of 3858
this section, if a person removes from this state and continuously 3859
resides outside this state for a period of four years or more, the 3860
person shall be considered to have lost the person's residence in 3861
this state, notwithstanding the fact that the person may entertain 3862
an intention to return at some future period. 3863

       (f) If a person removes from this state to engage in the 3864
services of the United States government, the person shall not be 3865
considered to have lost the person's residence in this state 3866
during the period of that service, and likewise should the person 3867
enter the employment of the state, the place where that person 3868
resided at the time of the person's removal shall be considered to 3869
be the person's place of residence. 3870

       (g) If a person goes into another state and, while there, 3871
exercises the right of a citizen by voting, the person shall be 3872
considered to have lost the person's residence in this state. 3873

       (C) No person shall be entitled to sign any initiative, 3874
referendum, declaration of candidacy, nominating, or recall 3875
petition unless the person is registered as an elector and will 3876
have resided in the county and precinct where the person is 3877
registered for at least thirty days at the time of the next 3878
election. 3879

       Sec. 3503.11. When any person applies for a driver's 3880
license, commercial driver's license, a state of Ohio 3881
identification card issued under section 4507.50 of the Revised 3882
Code, or motorcycle operator's license or endorsement, or the 3883
renewal or duplicate of any license or endorsement under Chapter 3884
4506. or 4507. of the Revised Code, the registrar of motor 3885
vehicles or deputy registrar shall offer the applicant the 3886
opportunity to register to vote or to update ~~his or her~~the 3887
applicant's voter registration. The registrar of motor vehicles or 3888
deputy registrar also shall make available to all other customers 3889
voter registration applications orand change of residence orand 3890
change of name ~~applications~~, forms, but is not required to offer 3891
assistance to these customers in completing ~~the~~a voter 3892
registration application or other form. 3893

       The registrar or deputy registrar shall send any completed 3894
registration application or any completed change of residence ~~and~~ 3895
or change of name ~~notice~~form to the board of elections of the 3896
county in which the office of the registrar or deputy registrar is 3897
located, within five days after accepting the application or 3898
~~notice~~other form. 3899

       The registrar shall collect from each deputy registrar 3900
through the reports filed under division (J) of section 4503.03 of 3901
the Revised Code and transmit to the secretary of state 3902
information on the number of voter registration applications and 3903
change of residence or change of name ~~notices~~forms completed or 3904
declined, and any additional information required by the secretary 3905
of state to comply with the National Voter Registration Act of 3906
1993. No information relating to an applicant's decision to 3907
decline to register or update ~~his or her~~the applicant's voter 3908
registration at the office of the registrar or deputy registrar 3909
may be used for any purpose other than voter registration 3910
record-keeping required by the secretary of state, and all such 3911
information shall be kept confidential. 3912

       The secretary of state shall prescribe voter registration 3913
applications and change of residence and change of name ~~notices~~ 3914
forms for use by the bureau of motor vehicles. The bureau of motor 3915
vehicles shall supply all of its deputy registrars with a 3916
sufficient number of voter registration applications and change of 3917
residence and change of name ~~notices~~forms. 3918

       The bureau of motor vehicles, in consultation with a 3919
committee consisting of the directors of the boards of elections 3920
of the four counties in the state with the highest number of 3921
registered voters and the four counties in the state with the 3922
lowest number of registered voters as of the effective date of 3923
this amendment, shall develop and review, not later than thirty 3924
days after that effective date and annually thereafter, a system 3925
to make the information from each voter registration application 3926
completed pursuant to this section available to all boards of 3927
elections via electronic means, subject to each of the following: 3928

       (A) There shall not be a direct connection between the bureau 3929
of motor vehicles and the offices of a deputy registrar. 3930

       (B) The system shall employ sufficient security measures so 3931
as to prohibit unauthorized access to data. 3932

       (C) The system shall employ a means by which each voter's 3933
data can be matched with each voter's original voter registration 3934
form. 3935

       (D) Notwithstanding any provision of the Revised Code to the 3936
contrary, voter registration data provided to a board of elections 3937
pursuant to this section that cannot be matched to an original 3938
voter registration form with the voter's original signature shall 3939
not be considered sufficient to properly register the voter. 3940

       (E) Nothing in this section shall be construed to alleviate a 3941
voter of the responsibility to provide the voter's original 3942
signature on the voter registration form. 3943

       (F) Nothing in this section shall be construed to require the 3944
bureau of motor vehicles to perform the data entry functions of 3945
the boards of elections in performing their duty to register 3946
voters or to alleviate the bureau of its responsibility to 3947
otherwise transmit completed voter registration forms under this 3948
section. 3949

       Sec. 3503.13. (A) ~~Except as provided in division (C) of this~~ 3950
~~section, registration forms shall consist of original and~~ 3951
~~duplicate cards or loose-leaf pages as prescribed by the secretary~~ 3952
~~of state. When such registration forms have been filled out and~~ 3953
~~filed in the office of the board of elections, the original forms~~ 3954
~~shall be filed together in one file and the duplicate forms shall~~ 3955
~~be filed together in another file. Except as otherwise provided in~~ 3956
~~division (D) of this section, the original forms shall be filed by~~ 3957
~~precincts and shall constitute the precinct register for use in~~ 3958
~~polling places on election day. The duplicate forms shall be filed~~ 3959
~~alphabetically and shall constitute the permanent office record of~~ 3960
~~the board. It shall not be removed from the office of the board~~ 3961
~~except upon the order of a court.~~ 3962

       ~~(B)~~ Except as otherwise provided by state or federal law, ~~the~~ 3963
registration ~~records~~forms submitted by applicants and the 3964
statewide voter registration database established under section 3965
3503.15 of the Revised Code shall be open to public inspection at 3966
all times when the office of the board of elections is open for 3967
business, under such regulations as the board adopts, provided 3968
that no person shall be permitted to inspect ~~such records~~voter 3969
registration forms except in the presence of an employee of the 3970
board. 3971

       ~~(C) The board of elections of a county that adopts or has~~ 3972
~~adopted electronic data processing for the registration of~~ 3973
~~qualified electors of the county may use a single registration~~ 3974
~~form complying with the requirements of division (A) of this~~ 3975
~~section. The information contained on the form may be duplicated~~ 3976
~~on punch cards, magnetic tape, discs, diskettes, or such other~~ 3977
~~media as are compatible with the data processing system adopted by~~ 3978
~~the board and may constitute the permanent office record in lieu~~ 3979
~~of the duplicate registration card.~~ 3980

       ~~(D) Instead of using the original registration forms as the~~ 3981
~~precinct register in the polling places on election day as~~ 3982
~~provided in division (A) of this section, a~~ 3983

       (B) A board of elections ~~that has adopted electronic data~~ 3984
~~processing~~ may use a legible digitized signature list of voter 3985
signatures, copied from the signatures on the registration forms 3986
in a form and manner prescribed by the secretary of state, 3987
provided that the board ~~continues to record and maintain at the~~ 3988
~~board office the information obtained from the form prescribed~~ 3989
~~under section 3503.14~~includes the required voter registration 3990
information in the statewide voter registration database 3991
established under section 3503.15 of the Revised Code, and 3992
provided that the precinct election officials have computer 3993
printouts at the polls ~~containing any necessary information~~ 3994
~~specified by the secretary of state that would otherwise be~~ 3995
~~available to them on the registration forms~~prepared in the manner 3996
required under section 3503.23 of the Revised Code. 3997

       Sec. 3503.14. (A) The secretary of state shall prescribe the 3998
form and content of the registration ~~and~~, change of residence, and 3999
change of name ~~form~~forms used in this state. The ~~form~~forms shall 4000
~~set forth the eligibility requirements needed to qualify as an~~ 4001
~~elector and~~ meet the requirements of the National Voter 4002
Registration Act of 1993 and shall include spaces for all of the 4003
following: 4004

       (1) The voter's name; 4005

       (2) The voter's address; 4006

       (3) The current date; 4007

       (4) The voter's date of birth; 4008

       (5) The voter to provide one or more of the following: 4009

       (a) The voter's driver's license number, if any; 4010

       (b) The last four digits of the voter's social security 4011
number, if any; 4012

       (c) A copy of a current and valid photo identification or a 4013
copy of a current utility bill, bank statement, government check, 4014
paycheck, or other government document that shows the voter's name 4015
and address. 4016

       (6) The voter's signature. ~~The~~ 4017

       The registration form shall include a space on which the 4018
person registering an applicant shall sign the person's name and 4019
provide the person's address and a space on which the person 4020
registering an applicant shall name the employer who is employing 4021
that person to register the applicant. ~~No election official or~~ 4022
~~employee of a designated agency who is~~ 4023

       Except for forms prescribed by the secretary of state under 4024
section 3503.11 of the Revised Code, the secretary of state shall 4025
permit boards of elections to produce forms that have subdivided 4026
spaces for each individual alphanumeric character of the 4027
information provided by the voter so as to accommodate the 4028
electronic reading and conversion of the voter's information to 4029
data and the subsequent electronic transfer of that data to the 4030
statewide voter registration database established under section 4031
3503.15 of the Revised Code. 4032

       (B) None of the following persons who are registering an 4033
applicant in the course of that official's or employee's normal 4034
duties shall ~~be required to~~ sign the ~~election official's or~~ 4035
~~employee's~~person's name, provide the person's address, or to name 4036
the employer who is employing the ~~election official or employee~~ 4037
person to register an applicant on a form prepared under this 4038
section: 4039

       (1) An election official; 4040

       (2) A county treasurer; 4041

       (3) A deputy registrar of motor vehicles; 4042

       (4) An employee of a designated agency; 4043

       (5) An employee of a public high school; 4044

       (6) An employee of a public vocational school; 4045

       (7) An employee of a public library; 4046

       (8) An employee of the office of a county treasurer; 4047

       (9) An employee of the bureau of motor vehicles; 4048

       (10) An employee of a deputy registrar of motor vehicles; 4049

       (11) An employee of an election official. 4050

       ~~(B) Any~~(C) Except as provided in section 3501.382 of the 4051
Revised Code, any applicant who is unable to sign the applicant's 4052
own name shall make an "X," if possible, which shall be certified 4053
by the signing of the name of the applicant by the person filling 4054
out the form, who shall add the person's own signature. If an 4055
applicant is unable to make an "X," the applicant shall indicate 4056
in some manner that the applicant desires to register to vote or 4057
to change the applicant's name or residence. The person 4058
registering the applicant shall sign the form and attest that the 4059
applicant indicated that the applicant desired to register to vote 4060
or to change the applicant's name or residence. 4061

       ~~(C)~~(D) No registration ~~and~~, change of residence ~~and~~, or 4062
change of name form shall be rejected solely on the basis that a 4063
person registering an applicant failed to sign the person's name 4064
or failed to name the employer who is employing that person to 4065
register the applicant as required under division (A) of this 4066
section. 4067

       ~~(D)~~(E) As used in this section, "registering an applicant" 4068
includes any effort, for compensation, to provide voter 4069
registration forms or to assist persons in completing or returning 4070
those forms ~~or returning them to the board of elections, the~~ 4071
~~office of the secretary of state, or another appropriate public~~ 4072
~~office~~. 4073

       Sec. 3503.15. (A) The secretary of state shall establish and 4074
maintain a statewide voter registration database that shall be 4075
continuously available to each board of elections and to other 4076
agencies as authorized by law. 4077

       (B) The statewide voter registration database established 4078
under this section shall be the official list of registered voters 4079
for all elections conducted in this state. 4080

       (C) The statewide voter registration database established 4081
under this section shall, at a minimum, include all of the 4082
following: 4083

       (1) An electronic network that connects all board of 4084
elections offices with the office of the secretary of state and 4085
with the offices of all other boards of elections; 4086

       (2) A computer program that harmonizes the records contained 4087
in the database with records maintained by each board of 4088
elections; 4089

       (3) An interactive computer program that allows access to the 4090
records contained in the database by each board of elections and 4091
by any persons authorized by the secretary of state to add, 4092
delete, modify, or print database records, and to conduct updates 4093
of the database; 4094

       (4) A search program capable of verifying registered voters 4095
and their registration information by name, driver's license 4096
number, birth date, social security number, or current address; 4097

       (5) Safeguards and components to ensure that the integrity, 4098
security, and confidentiality of the voter registration 4099
information is maintained. 4100

       (D) The secretary of state shall adopt rules pursuant to 4101
Chapter 119. of the Revised Code doing all of the following: 4102

       (1) Specifying the manner in which existing voter 4103
registration records maintained by boards of elections shall be 4104
converted to electronic files for inclusion in the statewide voter 4105
registration database; 4106

       (2) Establishing a uniform method for entering voter 4107
registration records into the statewide voter registration 4108
database on an expedited basis, but not less than once per day, if 4109
new registration information is received; 4110

       (3) Establishing a uniform method for purging canceled voter 4111
registration records from the statewide voter registration 4112
database in accordance with section 3503.21 of the Revised Code; 4113

       (4) Specifying the persons authorized to add, delete, modify, 4114
or print records contained in the statewide voter registration 4115
database and to make updates of that database. 4116

       (E) A board of elections promptly shall purge a voter's name 4117
and voter registration information from the statewide voter 4118
registration database in accordance with the rules adopted by the 4119
secretary of state under division (D)(3) of this section after the 4120
cancellation of a voter's registration under section 3503.21 of 4121
the Revised Code. 4122

       (F) The secretary of state shall provide training in the 4123
operation of the statewide voter registration database to each 4124
board of elections and to any persons authorized by the secretary 4125
of state to add, delete, modify, or print database records, and to 4126
conduct updates of the database. 4127

       Sec. 3503.16. (A) Whenever a registered elector changes the 4128
place of residence of that registered elector from one precinct to 4129
another within a county or from one county to another, or has a 4130
change of name, that registered elector shall report the change by 4131
delivering a change of residence or change of name form, whichever 4132
is appropriate, as prescribed by the secretary of state under 4133
section 3503.14 of the Revised Code to the state or local office 4134
of a designated agency, a public high school or vocational school, 4135
a public library, the office of the county treasurer, the office 4136
of the secretary of state, any office of the registrar or deputy 4137
registrar of motor vehicles, or any office of a board of elections 4138
in person or by a third person. Any voter registration, change of 4139
address, or change of name application, returned by mail, may be 4140
sent only to the secretary of state or the board of elections. 4141

       A registered elector also may update the registration of that 4142
registered elector by filing a change of residence or change of 4143
name form on the day of a special, primary, or general election at 4144
the polling place in the precinct in which that registered elector 4145
resides or at the board of elections or at another site designated 4146
by the board. 4147

       (B)(1) Any registered elector who moves within a precinct or 4148
changes the name of that registered elector and remains within a 4149
precinct on or prior to the day of a general, primary, or special 4150
election and has not filed a notice of change of residence or 4151
change of name, whichever is appropriate, with the board of 4152
elections may vote in that election by going to that registered 4153
elector's assigned polling place, completing and signing a notice 4154
of change of residence or change of name, whichever is 4155
appropriate, and casting a provisional ballot under section 4156
3505.181 of the Revised Code. 4157

       (2) Any registered elector who moves from one precinct to 4158
another within a county or moves from one precinct to another and 4159
changes the name of that registered elector on or prior to the day 4160
of a general, primary, or special election and has not filed a 4161
notice of change of residence or change of name, whichever is 4162
appropriate, with the board of elections may vote in that election 4163
if that registered elector complies with division (G) of this 4164
section or does all of the following: 4165

       (a) Appears at anytime during regular business hours on or 4166
after the twenty-eighth day prior to the election in which that 4167
registered elector wishes to vote, or, if the election is held on 4168
the day of a presidential primary election, the twenty-fifth day 4169
prior to the election, through noon of the Saturday prior to the 4170
election orat the office of the board of elections, appears at 4171
any time during regular business hours on the Monday prior to the 4172
election at the office of the board of elections, or appears on 4173
the day of the election at either of the following locations: 4174

       (i) The polling place in the precinct in which that 4175
registered elector resides; 4176

       (ii) The ~~location designated by the board of elections, which~~ 4177
~~shall be the~~ office of the board ~~or another appropriate site~~ 4178
~~designated by the board in the county in which that registered~~ 4179
~~elector resides~~of elections or, if pursuant to division (C) of 4180
section 3501.10 of the Revised Code the board has designated 4181
another location in the county at which registered electors may 4182
vote, at that other location instead of the office of the board of 4183
elections. 4184

       (b) Completes and signs, under penalty of election 4185
falsification, a notice of change of residence or change of name, 4186
whichever is appropriate, and files it with election officials at 4187
the polling place, at the office of the board of elections, ~~or at~~ 4188
~~the site designated by the board~~or, if pursuant to division (C) 4189
of section 3501.10 of the Revised Code the board has designated 4190
another location in the county at which registered electors may 4191
vote, at that other location instead of the office of the board of 4192
elections, whichever is appropriate; 4193

       (c) Votes a provisional ballot under section 3505.181 of the 4194
Revised Code at the polling place, at the office of the board of 4195
elections, ~~or at the site designated by the board~~or, if pursuant 4196
to division (C) of section 3501.10 of the Revised Code the board 4197
has designated another location in the county at which registered 4198
electors may vote, at that other location instead of the office of 4199
the board of elections, whichever is appropriate, ~~by absent~~ 4200
~~voter's ballots~~ using the address to which that registered elector 4201
has moved or the name of that registered elector as changed, 4202
whichever is appropriate; 4203

       (d) Completes and signs, under penalty of election 4204
falsification, a statement attesting that that registered elector 4205
moved or had a change of name, whichever is appropriate, on or 4206
prior to the day of the election, has voted a provisional ballot 4207
at the polling place in the precinct in which that registered 4208
elector resides, at the office of the board of elections, ~~or at~~ 4209
~~the site designated by the board~~or, if pursuant to division (C) 4210
of section 3501.10 of the Revised Code the board has designated 4211
another location in the county at which registered electors may 4212
vote, at that other location instead of the office of the board of 4213
elections, whichever is appropriate, and will not vote or attempt 4214
to vote at any other location for that particular election. The 4215
statement required under division (B)(2)(d) of this section shall 4216
be included on the notice of change of residence or change of 4217
name, whichever is appropriate, required under division (B)(2)(b) 4218
of this section. 4219

       (C) Any registered elector who moves from one county to 4220
another county within the state on or prior to the day of a 4221
general, primary, or special election and has not registered to 4222
vote in the county to which that registered elector moved may vote 4223
in that election if that registered elector complies with division 4224
(G) of this section or does all of the following: 4225

       (1) Appears at any time during regular business hours on or 4226
after the twenty-eighth day prior to the election in which that 4227
registered elector wishes to vote, or, if the election is held on 4228
the day of a presidential primary election, the twenty-fifth day 4229
prior to the election, through noon of the Saturday prior to the 4230
election orat the office of the board of elections or, if 4231
pursuant to division (C) of section 3501.10 of the Revised Code 4232
the board has designated another location in the county at which 4233
registered electors may vote, at that other location instead of 4234
the office of the board of elections, appears during regular 4235
business hours on the Monday prior to the election at the office 4236
of the board of elections or, if pursuant to division (C) of 4237
section 3501.10 of the Revised Code the board has designated 4238
another location in the county at which registered electors may 4239
vote, at that other location instead of the office of the board of 4240
elections, or appears on the day of the election at the ~~location~~ 4241
~~designated by the board of elections, which shall be either the~~ 4242
office of the board ~~or another appropriate site designated by the~~ 4243
~~board in the county in which that registered elector resides~~of 4244
elections or, if pursuant to division (C) of section 3501.10 of 4245
the Revised Code the board has designated another location in the 4246
county at which registered electors may vote, at that other 4247
location instead of the office of the board of elections; 4248

       (2) Completes and signs, under penalty of election 4249
falsification, a notice of change of residence and files it with 4250
election officials at the board ~~or at the site designated by the~~ 4251
~~board, whichever is appropriate~~of elections or, if pursuant to 4252
division (C) of section 3501.10 of the Revised Code the board has 4253
designated another location in the county at which registered 4254
electors may vote, at that other location instead of the office of 4255
the board of elections; 4256

       (3) Votes a provisional ballot under section 3505.181 of the 4257
Revised Code at the office of the board of elections ~~or at a site~~ 4258
~~designated by the board by absent voter's ballots~~or, if pursuant 4259
to division (C) of section 3501.10 of the Revised Code the board 4260
has designated another location in the county at which registered 4261
electors may vote, at that other location instead of the office of 4262
the board of elections, using the address to which that registered 4263
elector has moved; 4264

       (4) Completes and signs, under penalty of election 4265
falsification, a statement attesting that that registered elector 4266
has moved from one county to another county within the state on or 4267
prior to the day of the election, has voted at the office of the 4268
board of elections ~~or at the site designated by the board,~~ 4269
~~whichever is appropriate~~or, if pursuant to division (C) of 4270
section 3501.10 of the Revised Code the board has designated 4271
another location in the county at which registered electors may 4272
vote, at that other location instead of the office of the board of 4273
elections, and will not vote or attempt to vote at any other 4274
location for that particular election. The statement required 4275
under division (C)(4) of this section shall be included on the 4276
notice of change of residence required under division (C)(2) of 4277
this section. 4278

       (D) A person who votes by absent voter's ballots pursuant to 4279
division ~~(B), (C), or~~ (G) of this section shall not make written 4280
application for the ballots pursuant to Chapter 3509. of the 4281
Revised Code. Ballots cast pursuant to division ~~(B), (C), or~~ (G) 4282
of this section shall be set aside in a special envelope and 4283
counted during the official canvass of votes in the manner 4284
provided for in sections 3505.32 and 3509.06 of the Revised Code 4285
insofar as that manner is applicable. The board shall examine the 4286
pollbooks to verify that no ballot was cast at the polls or by 4287
absent voter's ballots under Chapter 3509. or 3511. of the Revised 4288
Code by an elector who has voted by absent voter's ballots 4289
pursuant to division ~~(B), (C), or~~ (G) of this section. Any ballot 4290
determined to be insufficient for any of the reasons stated above 4291
or stated in section 3509.07 of the Revised Code shall not be 4292
counted. 4293

       ASubject to division (C) of section 3501.10 of the Revised 4294
Code, a board of elections may lease or otherwise acquire a site 4295
different from the office of the board at which registered 4296
electors may vote pursuant to division (B) or (C) of this section. 4297

       (E) Upon receiving a change of residence or change of name 4298
form, the board of elections shall immediately send the registrant 4299
an acknowledgment notice. If the change of residence or change of 4300
name form is valid, the board shall update the voter's 4301
registration as appropriate. If that form is incomplete, the board 4302
shall inform the registrant in the acknowledgment notice specified 4303
in this division of the information necessary to complete or 4304
update that registrant's registration. 4305

       (F) Change of residence and change of name forms shall be 4306
available at each polling place, and when these forms are 4307
completed, noting changes of residence or name, as appropriate, 4308
they shall be filed with election officials at the polling place. 4309
Election officials shall return completed forms, together with the 4310
pollbooks and tally sheets, to the board of elections. 4311

       The board of elections shall provide change of residence and 4312
change of name forms to the probate court and court of common 4313
pleas. The court shall provide the forms to any person eighteen 4314
years of age or older who has a change of name by order of the 4315
court or who applies for a marriage license. The court shall 4316
forward all completed forms to the board of elections within five 4317
days after receiving them. 4318

       (G) A registered elector who otherwise would qualify to vote 4319
under division (B) or (C) of this section but is unable to appear 4320
at the office of the board ~~or other location designated by the~~ 4321
~~board~~of elections or, if pursuant to division (C) of section 4322
3501.10 of the Revised Code the board has designated another 4323
location in the county at which registered electors may vote, at 4324
that other location, on account of personal illness, physical 4325
disability, or infirmity, may vote on the day of the election if 4326
that registered elector does all of the following: 4327

       (1) Makes a written application that includes all of the 4328
information required under section 3509.03 of the Revised Code to 4329
the appropriate board for an absent voter's ballot on or after the 4330
twenty-seventh day prior to the election in which the registered 4331
elector wishes to vote through noon of the Saturday prior to that 4332
election and requests that the absent voter's ballot be sent to 4333
the address to which the registered elector has moved if the 4334
registered elector has moved, or to the address of that registered 4335
elector who has not moved but has had a change of name; 4336

       (2) Declares that the registered elector has moved or had a 4337
change of name, whichever is appropriate, and otherwise is 4338
qualified to vote under the circumstances described in division 4339
(B) or (C) of this section, whichever is appropriate, but that the 4340
registered elector is unable to appear at the board ~~or other~~ 4341
~~location designated by the board~~of elections because of personal 4342
illness, physical disability, or infirmity; 4343

       (3) Completes and returns along with the completed absent 4344
voter's ballot a notice of change of residence indicating the 4345
address to which the registered elector has moved, or a notice of 4346
change of name, whichever is appropriate; 4347

       (4) Completes and signs, under penalty of election 4348
falsification, a statement attesting that the registered elector 4349
has moved or had a change of name on or prior to the day before 4350
the election, has voted by absent voter's ballot because of 4351
personal illness, physical disability, or infirmity that prevented 4352
the registered elector from appearing at the board ~~or other~~ 4353
~~location designated by the board~~of elections, and will not vote 4354
or attempt to vote at any other location or by absent voter's 4355
ballot mailed to any other location or address for that particular 4356
election. 4357

       Sec. 3503.19. (A) Persons qualified to register or to change 4358
their registration because of a change of address or change of 4359
name may register or change their registration in person at any 4360
state or local office of a designated agency, at the office of the 4361
registrar or any deputy registrar of motor vehicles, at a public 4362
high school or vocational school, at a public library, at the 4363
office of a county treasurer, or at a branch office established by 4364
the board of elections, or in person, through another person, or 4365
by mail at the office of the secretary of state or at the office 4366
of a board of elections. A registered elector may also change the 4367
elector's registration on election day at any polling place where 4368
the elector is eligible to vote, ~~on election day~~in the manner 4369
provided under section 3503.16 of the Revised Code. 4370

       Any state or local office of a designated agency, the office 4371
of the registrar or any deputy registrar of motor vehicles, a 4372
public high school or vocational school, a public library, or the 4373
office of a county treasurer shall transmit any voter registration 4374
application or change of registration form that it receives to the 4375
board of elections of the county in which the state or local 4376
office is located, within five days after receiving the voter 4377
registration application or change of registration form. 4378

       An otherwise valid voter registration application that is 4379
returned to the appropriate office other than by mail must be 4380
received by a state or local office of a designated agency, the 4381
office of the registrar or any deputy registrar of motor vehicles, 4382
a public high school or vocational school, a public library, the 4383
office of a county treasurer, the office of the secretary of 4384
state, or the office of a board of elections no later than the 4385
thirtieth day preceding a primary, special, or general election 4386
for the person to qualify as an elector eligible to vote at that 4387
election. An otherwise valid registration application received 4388
after that day entitles the elector to vote at all subsequent 4389
elections. 4390

       Any state or local office of a designated agency, the office 4391
of the registrar or any deputy registrar of motor vehicles, a 4392
public high school or vocational school, a public library, or the 4393
office of a county treasurer shall date stamp a registration 4394
application or change of name or change of address form it 4395
receives using a date stamp that does not disclose the identity of 4396
the state or local office that receives the registration. 4397

       Voter registration applications, if otherwise valid, that are 4398
returned by mail to the office of the secretary of state or to the 4399
office of a board of elections must be postmarked no later than 4400
the thirtieth day preceding a primary, special, or general 4401
election in order for the person to qualify as an elector eligible 4402
to vote at that election. If an otherwise valid voter registration 4403
application that is returned by mail does not bear a postmark or a 4404
legible postmark, the registration shall be valid for that 4405
election if received by the office of the secretary of state or 4406
the office of a board of elections no later than twenty-five days 4407
preceding any special, primary, or general election. 4408

       (B)(1) Any person may apply in person, by telephone, by mail, 4409
or through another person for voter registration forms to the 4410
office of the secretary of state or the office of a board of 4411
elections. ~~Completed~~ 4412

       (2)(a) An applicant may return the applicant's completed 4413
registration ~~forms may be returned~~form in person ~~or through~~ 4414
~~another person~~or by mail to any state or local office of a 4415
designated agency, to a public high school or vocational school, 4416
to a public library, or to the office of a county treasurer, ~~or in~~ 4417
~~person, through another person, or by mail~~ to the office of the 4418
secretary of state, or to the office of a board of elections. 4419

       (b) Subject to division (C)(2) of section 3599.11 of the 4420
Revised Code, an applicant may return the applicant's completed 4421
registration form through another person to the board of elections 4422
of the county in which the applicant is seeking to vote or to an 4423
office of a designated agency in that county. 4424

       (C)(1) A board of elections that receives a voter 4425
registration application and is satisfied as to the truth of the 4426
statements made in the registration form shall register the 4427
applicant ~~and~~not later than twenty business days after receiving 4428
the application, unless that application is received during the 4429
thirty days immediately preceding the day of an election. The 4430
board shall promptly notify the applicant in writing of each of 4431
the following: 4432

       (a) The applicant's registration ~~and the~~; 4433

       (b) The precinct in which the applicant is to vote; 4434

       (c) In bold type, that the applicant needs to bring to the 4435
polling place identification in the form of a current and valid 4436
photo identification, a copy of a current utility bill, bank 4437
statement, government check, paycheck, or other government 4438
document that shows the name and current address of the applicant, 4439
or the last four digits of the applicant's social security number, 4440
but that the applicant shall still be able to vote if the 4441
applicant does not have any of these forms of identification or 4442
the last four digits of the applicant's social security number. 4443
~~The~~ 4444

       The notification shall be by nonforwardable mail~~, and if~~. If 4445
the mail is returned to the board, it shall investigate and cause 4446
the notification to be delivered to the correct address~~; or if it~~ 4447
~~determines that the voter is not eligible to vote for residency~~ 4448
~~reasons it shall cancel the registration and notify the~~ 4449
~~registrant, at the last known address, of a need to reregister. If~~ 4450
~~the board does not accept the application for registration, it~~ 4451
~~shall immediately notify the applicant of the reasons for~~ 4452
~~rejecting the application and request the applicant to provide~~ 4453
~~whatever information or verification is necessary to complete the~~ 4454
~~application~~. 4455

       (2) If, after investigating as required under division (C)(1) 4456
of this section, the board is unable to verify the voter's correct 4457
address, it shall cause the voter's name in the official 4458
registration list and in the poll list or signature pollbook to be 4459
marked to indicate that the voter's notification was returned to 4460
the board. 4461

       At the first election at which a voter whose name has been so 4462
marked appears to vote, the voter shall be required to provide 4463
identification to the election officials and to vote by 4464
provisional ballot under section 3505.181 of the Revised Code. If 4465
the provisional ballot is counted pursuant to division (B)(3) of 4466
section 3505.183 of the Revised Code, the board shall correct that 4467
voter's registration, if needed, and shall remove the indication 4468
that the voter's notification was returned from that voter's name 4469
on the official registration list and on the poll list or 4470
signature pollbook. If the provisional ballot is not counted 4471
pursuant to division (B)(4)(a)(i), (v), or (vi) of section 4472
3505.183 of the Revised Code, the voter's registration shall be 4473
canceled. The board shall notify the voter by United States mail 4474
of the cancellation. 4475

       (3) If a notice of the disposition of an otherwise valid ~~mail~~ 4476
registration application is sent by nonforwardable mail and is 4477
returned undelivered, the person shall be registered as provided 4478
in division (C)(2) of this section and sent a confirmation notice 4479
by forwardable mail. If the person fails to respond to the 4480
confirmation notice, update the person's registration, or vote by 4481
provisional ballot as provided in division (C)(2) of this section 4482
in any election during the period of two federal elections 4483
subsequent to the mailing of the confirmation notice, the person's 4484
registration shall be canceled. 4485

       Sec. 3503.21. (A) The registration of a registered elector 4486
shall be canceled upon the occurrence of any of the following: 4487

       (1) The filing by a registered elector of a written request 4488
with a board of elections, on a form prescribed by the secretary 4489
of state and signed by the elector, that ~~his~~the registration be 4490
canceled. The filing of such a request does not prohibit an 4491
otherwise qualified elector from reregistering to vote at any 4492
time. 4493

       (2) The filing of a notice of the death of the registered 4494
elector as provided in section 3503.18 of the Revised Code; 4495

       (3) The conviction of the registered elector of a felony 4496
under the laws of this state, any other state, or the United 4497
States as provided in section 2961.01 of the Revised Code; 4498

       (4) The adjudication of incompetency of the registered 4499
elector for the purpose of voting as provided in section 5122.301 4500
of the Revised Code; 4501

       (5) The change of residence of the registered elector to a 4502
location outside the county of registration in accordance with 4503
division (B) of this section; 4504

       (6) The failure of the registered elector, after ~~he has~~ 4505
having been mailed a confirmation notice, to do either of the 4506
following: 4507

       (a) Respond to such a notice and vote at least once during a 4508
period of four consecutive years, which period shall include two 4509
general federal elections; 4510

       (b) Update ~~his~~the elector's registration and vote at least 4511
once during a period of four consecutive years, which period shall 4512
include two general federal elections. 4513

       (B)(1) The secretary of state shall prescribe procedures to 4514
identify and cancel the registration in a prior county of 4515
residence of any registrant who changes ~~his~~the registrant's 4516
voting residence to a location outside ~~his~~the registrant's 4517
current county of registration. Any procedures prescribed in this 4518
division shall be uniform and nondiscriminatory, and shall comply 4519
with the Voting Rights Act of 1965. The secretary of state may 4520
prescribe procedures under this division that include the use of 4521
the national change of address service provided by the United 4522
States postal system through its licensees. Any program so 4523
prescribed shall be completed not later than ninety days prior to 4524
the date of any primary or general election for federal office. 4525

       (2) The registration of any elector identified as having 4526
changed ~~his~~the elector's voting residence to a location outside 4527
~~his~~the elector's current county of registration shall not be 4528
canceled unless the registrant is sent a confirmation notice on a 4529
form prescribed by the secretary of state and the registrant fails 4530
to respond to the confirmation notice or otherwise update ~~his~~the 4531
registration and fails to vote in any election during the period 4532
of two federal elections subsequent to the mailing of the 4533
confirmation notice. 4534

       (C) The registration of a registered elector shall not be 4535
canceled except as provided in this section, division (Q) of 4536
section 3501.05 of the Revised Code, division (C)(2) of section 4537
3503.19 of the Revised Code, or division (C) of section 3503.24 of 4538
the Revised Code. 4539

       (D) Boards of elections shall send their voter registration 4540
~~lists~~information to the secretary of state ~~semiannually~~as 4541
required under section 3503.15 of the Revised Code. In the first 4542
quarter of each odd-numbered year, the secretary of state shall 4543
send the information ~~contained in these lists~~ to the national 4544
change of address service described in division (B) of this 4545
section and request that service to provide the secretary of state 4546
with a list of any voters ~~on the lists~~ sent by the secretary of 4547
state who have moved within the last thirty-six months. The 4548
secretary of state shall transmit to each appropriate board of 4549
elections whatever lists hethe secretary of state receives from 4550
that service. The board shall send a notice to each person on the 4551
list transmitted by the secretary of state requesting confirmation 4552
of the person's change of address, together with a postage 4553
prepaid, preaddressed return envelope containing a form on which 4554
the voter may verify or correct the change of address information. 4555

       (E) The registration of a registered elector described in 4556
division (A)(6) or (B)(2) of this section shall be canceled not 4557
later than one hundred twenty days after the date of the second 4558
general federal election in which the elector fails to vote or not 4559
later than one hundred twenty days after the expiration of the 4560
four-year period in which the elector fails to vote or respond to 4561
a confirmation notice, whichever is later. 4562

       Sec. 3503.23. (A) ~~At least fifteen~~Fourteen days before an 4563
election, the board of elections shall cause to be prepared from 4564
the ~~registration cards~~statewide voter registration database 4565
established under section 3503.15 of the Revised Code a complete 4566
and official registration list for each precinct, containing the 4567
names, addresses, and political party whose ballot the elector 4568
voted in the most recent primary election within the current year 4569
and the immediately preceding two calendar years, of all qualified 4570
registered voters in the precinct. All the names, insofar as 4571
practicable, shall be arranged ~~either~~ in alphabetical order~~, or in~~ 4572
~~geographical order according to streets in the precincts~~. ~~All the~~ 4573
The lists ~~shall~~may be prepared either in sheet form ~~and~~ on one 4574
side of the paper or in electronic form, at the discretion of the 4575
board. Each precinct list shall be headed "Register of Voters," 4576
and under the heading shall be indicated the district or ward and 4577
precinct ~~followed by the statement:~~ 4578

       ~~"Any voter of the county on or before the seventh day prior~~ 4579
~~to the election may file with the board of elections at the~~ 4580
~~board's offices located at ................. objections to the~~ 4581
~~registration of any person on this list who, he has reason to~~ 4582
~~believe, is not eligible to vote, or a request for the addition to~~ 4583
~~the list of registered voters whose names have been omitted or who~~ 4584
~~have been erroneously dropped from the registration list of the~~ 4585
~~precinct."~~. 4586

       Appended to each precinct list shall be attached the names of 4587
the members of the board and the name of the director. A 4588
sufficient number of such lists ~~may~~shall be provided for 4589
distribution to the candidates, political parties, or organized 4590
groups that apply for them. The board shall have each precinct 4591
list available at the board for viewing by the public during 4592
normal business hours. The board shall ensure that, by the opening 4593
of the polls on the day of a general or primary election, each 4594
precinct has a paper copy of the registration list of voters in 4595
that precinct. 4596

       (B) On the day of a general or primary election, precinct 4597
election officials shall do both of the following: 4598

       (1) By the time the polls open, conspicuously post and 4599
display at the polling place one copy of the registration list of 4600
voters in that precinct in an area of the polling place that is 4601
easily accessible; 4602

       (2) At 11 a.m. and 4 p.m. place a mark, on the official 4603
registration list posted at the polling place, before the name of 4604
those registered voters who have voted. 4605

       (C) Notwithstanding division (B) of section 3501.35 of the 4606
Revised Code, any person may enter the polling place for the sole 4607
purpose of reviewing the official registration list posted in 4608
accordance with division (B) of this section, provided that the 4609
person does not engage in conduct that would constitute harassment 4610
in violation of the election law, as defined in section 3501.90 of 4611
the Revised Code. 4612

       Sec. 3503.24. (A) Application for the correction of any 4613
precinct registration list or a challenge of the right to vote of 4614
any registered elector may be made by any qualified elector of the 4615
county at the office of the board of elections not later than 4616
~~eleven~~twenty days prior to the election. The applications or 4617
challenges, with the reasons for the application or challenge, 4618
shall be filed with the board on a form prescribed by the 4619
secretary of state and shall be signed under penalty of election 4620
falsification. 4621

       (B) On receiving an application or challenge filed under this 4622
section, the board of elections promptly shall review the board's 4623
records. If the board is able to determine that an application or 4624
challenge should be granted or denied solely on the basis of the 4625
records maintained by the board, the board immediately shall vote 4626
to grant or deny that application or challenge. 4627

       If the board is not able to determine whether an application 4628
or challenge should be granted or denied solely on the basis of 4629
the records maintained by the board, the director shall promptly 4630
set a time and date for a hearing before the board. ~~The~~Except as 4631
otherwise provided in division (D) of this section, the hearing 4632
shall be held, and the application or challenge shall be decided, 4633
no later than ~~two~~ten days ~~prior to any election~~after the board 4634
receives the application or challenge. The director shall send 4635
written notice to any elector whose right to vote is challenged 4636
and to any person whose name is alleged to have been omitted from 4637
a registration list. The notice shall inform the person of the 4638
time and date of the hearing, and of the person's right to appear 4639
and testify, call witnesses, and be represented by counsel. The 4640
notice shall be sent by first class mail no later than three days 4641
before the day of any scheduled hearing. The director shall also 4642
provide the person who filed the application or challenge with 4643
such written notice of the date and time of the hearing. 4644

       At the request of either party or any member of the board, 4645
the board shall issue subpoenas to witnesses to appear and testify 4646
before the board at a hearing held under this section. All 4647
witnesses shall testify under oath. The board shall reach a 4648
decision on all applications and challenges immediately after 4649
hearing. 4650

       (C) If the board decides that any such person is not entitled 4651
to have the person's name on the registration list, the person's 4652
name shall be removed from the list and the person's registration 4653
forms canceled. If the board decides that the name of any such 4654
person should appear on ~~such~~the registration list, it shall be 4655
added ~~thereto~~to the list, and the person's registration forms 4656
placed in the proper registration files. All such corrections and 4657
additions shall be made on a copy of the precinct lists, which 4658
shall constitute the poll lists, to be furnished to the respective 4659
precincts with other election supplies on the day preceding the 4660
election, to be used by the ~~clerks~~election officials in receiving 4661
the signatures of voters and in checking against the registration 4662
forms. 4663

       (D)(1) If an application or challenge for which a hearing is 4664
required to be conducted under division (B) of this section is 4665
filed after the thirtieth day before the day of an election, the 4666
board of elections, in its discretion, may postpone that hearing 4667
and any notifications of that hearing until after the day of the 4668
election. Any hearing postponed under this division shall be 4669
conducted not later than ten days after the day of the election. 4670

       (2) The board of elections shall cause the name of any 4671
registered elector whose registration is challenged and whose 4672
challenge hearing is postponed under division (D)(1) of this 4673
section to be marked in the official registration list and in the 4674
poll list or signature pollbook for that elector's precinct to 4675
indicate that the elector's registration is subject to challenge. 4676

       (3) Any elector who is the subject of an application or 4677
challenge hearing that is postponed under division (D)(1) of this 4678
section shall be permitted to vote a provisional ballot under 4679
section 3505.181 of the Revised Code. The validity of a 4680
provisional ballot cast pursuant to this section shall be 4681
determined in accordance with section 3505.183 of the Revised 4682
Code, except that no such provisional ballot shall be counted 4683
unless the hearing conducted under division (B) of this section 4684
after the day of the election results in the elector's inclusion 4685
in the official registration list. 4686

       Sec. 3503.28. (A) The secretary of state shall develop an 4687
information brochure regarding voter registration. The brochure 4688
shall include, but is not limited to, all of the following 4689
information: 4690

       (1) The applicable deadlines for registering to vote or for 4691
returning an applicant's completed registration form; 4692

       (2) The applicable deadline for returning an applicant's 4693
completed registration form if the person returning the form is 4694
being compensated for registering voters; 4695

       (3) The locations to which a person may return an applicant's 4696
completed registration form; 4697

       (4) The location to which a person who is compensated for 4698
registering voters may return an applicant's completed 4699
registration form; 4700

       (5) The registration and affirmation requirements applicable 4701
to persons who are compensated for registering voters under 4702
section 3503.29 of the Revised Code; 4703

       (6) Information, which shall be indicated in bold type, 4704
explaining that, when a person attempts to vote, the person needs 4705
to bring identification in the form of a current and valid photo 4706
identification, a copy of a current utility bill, bank statement, 4707
government check, paycheck, or other government document that 4708
shows the name and current address of the person, or the last four 4709
digits of the person's social security number, but that the person 4710
still will be able to vote if the person does not have any of 4711
these forms of identification or the last four digits of the 4712
person's social security number. 4713

       (B) Except as otherwise provided in division (D) of this 4714
section, a board of elections, designated agency, public high 4715
school, public vocational school, public library, office of a 4716
county treasurer, or deputy registrar of motor vehicles shall 4717
distribute a copy of the brochure developed under division (A) of 4718
this section to any person who requests more than two voter 4719
registration forms at one time. 4720

       (C)(1) The secretary of state shall provide the information 4721
required to be included in the brochure developed under division 4722
(A) of this section to any person who prints a voter registration 4723
form that is made available on a web site of the office of the 4724
secretary of state. 4725

       (2) A board of elections shall provide the information 4726
required to be included in the brochure developed under division 4727
(A) of this section to any person who prints a voter registration 4728
form that is made available on the board of elections' web site 4729
or, if the board does not operate and maintain its own web site, 4730
on the web site it operates and maintains on free internet space 4731
under section 3501.24 of the Revised Code. 4732

       (D) A board of elections shall not be required to distribute 4733
a copy of a brochure under division (B) of this section to any of 4734
the following officials or employees who are requesting more than 4735
two voter registration forms at one time in the course of the 4736
official's or employee's normal duties: 4737

       (1) An election official; 4738

       (2) A county treasurer; 4739

       (3) A deputy registrar of motor vehicles; 4740

       (4) An employee of a designated agency; 4741

       (5) An employee of a public high school; 4742

       (6) An employee of a public vocational school; 4743

       (7) An employee of a public library; 4744

       (8) An employee of the office of a county treasurer; 4745

       (9) An employee of the bureau of motor vehicles; 4746

       (10) An employee of a deputy registrar of motor vehicles; 4747

       (11) An employee of an election official. 4748

       (E) As used in this section, "registering voters" includes 4749
any effort, for compensation, to provide voter registration forms 4750
or to assist persons in completing or returning those forms. 4751

       Sec. 3503.29. (A) The secretary of state shall develop and 4752
make available through a web site of the office of the secretary 4753
of state a training program for any person who receives or expects 4754
to receive compensation for registering a voter. The secretary of 4755
state shall specify, by rule adopted pursuant to Chapter 119. of 4756
the Revised Code, the information to be included in the online 4757
training program developed under this division. 4758

       (B) Except as otherwise provided in division (E) of this 4759
section, the secretary of state, by rules adopted pursuant to 4760
Chapter 119. of the Revised Code, shall prescribe a program under 4761
which each board of elections shall register any person who 4762
receives or expects to receive compensation for registering a 4763
voter in the county. 4764

       (C) Except as otherwise provided in division (E) of this 4765
section, in each year in which a person receives or expects to 4766
receive compensation for registering a voter, that person, prior 4767
to registering a voter, shall do all of the following: 4768

       (1) Register with the board of elections of each county in 4769
which the person intends to register a voter in accordance with 4770
the program prescribed under division (B) of this section; 4771

       (2) Complete the training program established by the 4772
secretary of state under division (A) of this section. 4773

       (3) Sign an affirmation that includes all of the following: 4774

       (a) The person's name; 4775

       (b) The person's date of birth; 4776

       (c) The person's permanent address; 4777

       (d) A statement that the person has registered, as required 4778
under division (C)(1) of this section, with the board of elections 4779
of the county in which the person intends to register voters; 4780

       (e) A statement that the person has completed the training 4781
program required under division (C)(2) of this section; 4782

       (f) A statement that the person will follow all applicable 4783
laws of this state while registering voters. 4784

       (D) Except as otherwise provided in division (E) of this 4785
section, each time a person who receives or expects to receive 4786
compensation for registering a voter submits a completed 4787
registration form that has been entrusted to that person to a 4788
board of elections, the person also shall submit, with the voter 4789
registration form, a copy of the affirmation signed by the person 4790
under division (C)(3) of this section. A single copy of the signed 4791
affirmation may be submitted with all voter registration forms 4792
that are returned by that person at one time. 4793

       (E) None of the following officials or employees who are 4794
registering voters in the course of the official's or employee's 4795
normal duties shall be required to comply with divisions (C) and 4796
(D) of this section: 4797

       (1) An election official; 4798

       (2) A county treasurer; 4799

       (3) A deputy registrar of motor vehicles; 4800

       (4) An employee of a designated agency; 4801

       (5) An employee of a public high school; 4802

       (6) An employee of a public vocational school; 4803

       (7) An employee of a public library; 4804

       (8) An employee of the office of a county treasurer; 4805

       (9) An employee of the bureau of motor vehicles; 4806

       (10) An employee of a deputy registrar of motor vehicles; 4807

       (11) An employee of an election official. 4808

       (F) As used in this section, "registering a voter" and 4809
"registering voters" includes any effort, for compensation, to 4810
provide voter registration forms or to assist persons in 4811
completing or returning those forms. 4812

       Sec. 3505.062. The Ohio ballot board shall do all of the 4813
following: 4814

       (A) Examine, within ten days after its receipt, each written 4815
initiative petition received from the attorney general under 4816
section 3519.01 of the Revised Code to determine whether it 4817
contains only one proposed law or constitutional amendment so as 4818
to enable the voters to vote on a proposal separately. If the 4819
board so determines, it shall certify its approval to the attorney 4820
general. If the board determines that the initiative petition 4821
contains more than one proposed law or constitutional amendment, 4822
the board shall divide the initiative petition into individual 4823
petitions containing only one proposed law or constitutional 4824
amendment so as to enable the voters to vote on each proposal 4825
separately and certify its approval to the attorney general. 4826

       (B) Prescribe the ballot language for constitutional 4827
amendments proposed by the general assembly to be printed on the 4828
questions and issues ballot, which language shall properly 4829
identify the substance of the proposal to be voted upon; 4830

       ~~(B)~~(C) Prepare an explanation of each constitutional 4831
amendment proposed by the general assembly, which explanation may 4832
include the purpose and effects of the proposed amendment; 4833

       ~~(C)~~(D) Certify the ballot language and explanation, if any, 4834
to the secretary of state no later than eighty days before the 4835
election at which the proposed question or issue is to be 4836
submitted to the voters; 4837

       ~~(D)~~(E) Prepare, or designate a group of persons to prepare, 4838
arguments in support of or in opposition to a constitutional 4839
amendment proposed by a resolution of the general assembly, a 4840
constitutional amendment or state law proposed by initiative 4841
petition, or a state law, or section or item of state law, subject 4842
to a referendum petition, if the persons otherwise responsible for 4843
the preparation of those arguments fail to timely prepare and file 4844
them; 4845

       ~~(E)~~(F) Direct the means by which the secretary of state shall 4846
disseminate information concerning proposed constitutional 4847
amendments to the voters; 4848

       ~~(F)~~(G) Direct the chairperson to reimburse county boards of 4849
elections for public notice costs associated with statewide ballot 4850
issues, to the extent that the general assembly appropriates money 4851
for that purpose. 4852

       Sec. 3505.063. (A) When the general assembly adopts a 4853
resolution proposing a constitutional amendment, it may, by 4854
resolution, designate a group of members who voted in support of 4855
the resolution to prepare arguments for the proposed amendment, 4856
and a group of members who voted in opposition to the resolution 4857
to prepare arguments against the proposed amendment. If no members 4858
voted in opposition to the resolution, or if the general assembly 4859
chooses not to designate a group of members to prepare arguments 4860
for the proposed amendment or chooses not to designate a group of 4861
members to prepare arguments against the proposed amendment, the 4862
Ohio ballot board shall prepare or designate a group of persons to 4863
prepare the relevant arguments. All arguments prepared under this 4864
division shall be filed with the secretary of state nonot later 4865
than ~~seventy-five~~eighty days before the date of the election. No 4866
argument shall exceed three hundred words. 4867

       (B)(1) If the group of members of the general assembly or 4868
other group of persons designated under division (A) of this 4869
section fail to prepare and file their arguments in support of or 4870
in opposition to the proposed amendment by the ~~seventy-fifth~~ 4871
eightieth day before the date of the election, the secretary of 4872
state shall notify the Ohio ballot board that those arguments have 4873
not been so prepared and filed. The board then shall prepare the 4874
missing arguments or designate a group of persons to prepare those 4875
arguments. All arguments prepared under this division shall be 4876
filed with the secretary of state nonot later than ~~seventy~~ 4877
seventy-five days before the date of the election. No argument 4878
shall exceed three hundred words. 4879

       (2) If the Ohio ballot board fails to provide for the 4880
preparation of missing arguments under division (B)(1) of this 4881
section after being notified by the secretary of state that one or 4882
more arguments have not been timely prepared and filed, the 4883
positions of the four appointed members of the board shall be 4884
considered vacant, and new members shall be appointed in the 4885
manner provided for original appointments. 4886

       (C) The secretary of state shall disseminate information, 4887
which may include part or all of the official explanation and 4888
arguments concerning proposed amendments, by means of direct mail 4889
or other written publication, broadcast, or other means or 4890
combination of means, as the Ohio ballot board may direct, in 4891
order to inform the voters as fully as possible concerning 4892
proposed amendments. 4893

       Sec. 3505.16. Before the opening of the polls, the package 4894
of supplies and the ballot boxes shall be opened in the presence 4895
of the precinct officials. The ballot boxes, the package of 4896
ballots, registration forms, and other supplies shall at all times 4897
be in full sight of the ~~challenger or witnesses~~observers, and no 4898
ballot box or unused ballots during the balloting or counting 4899
shall be removed or screened from their full sight until the 4900
counting has been closed and the final returns completed and the 4901
certificate signed by the judges ~~and clerks~~. 4902

       Sec. 3505.18. (A)(1) When an elector appears in a polling 4903
place to vote he, the elector shall announce ~~his~~to the precinct 4904
election officials the elector's full name and current address to 4905
~~the precinct election officials. He~~and provide proof of the 4906
elector's identity in the form of either a current and valid photo 4907
identification or a copy of a current utility bill, bank 4908
statement, government check, paycheck, or other government 4909
document that shows the name and current address of the elector. 4910

       (2) If an elector is unable to provide to the precinct 4911
election officials any of the forms of identification required 4912
under division (A)(1) of this section, the elector may provide the 4913
last four digits of the elector's social security number. Upon 4914
providing the social security number information, the elector may 4915
cast a provisional ballot under section 3505.181 of the Revised 4916
Code, the envelope of which ballot shall include that social 4917
security number information. 4918

       (3) If an elector is unable to provide to the precinct 4919
election officials any of the forms of identification required 4920
under division (A)(1) of this section or to provide the last four 4921
digits of the elector's social security number, the elector may 4922
cast a provisional ballot under section 3505.181 of the Revised 4923
Code. 4924

       (4) If an elector does not have any of the forms of 4925
identification required under division (A)(1) of this section and 4926
cannot provide the last four digits of the elector's social 4927
security number because the elector does not have a social 4928
security number, the elector may execute an affirmation under 4929
penalty of election falsification that the elector cannot provide 4930
the identification required under that division or the last four 4931
digits of the elector's social security number for those reasons. 4932
Upon signing the affirmation, the elector may cast a provisional 4933
ballot under section 3505.181 of the Revised Code. The secretary 4934
of state shall prescribe the form of the affirmation, which shall 4935
include spaces for all of the following: 4936

       (a) The elector's name; 4937

       (b) The elector's address; 4938

       (c) The current date; 4939

       (d) The elector's date of birth; 4940

       (e) The elector's signature. 4941

       (5) If an elector does not have any of the forms of 4942
identification required under division (A)(1) of this section and 4943
cannot provide the last four digits of the elector's social 4944
security number because the elector does not have a social 4945
security number, and if the elector declines to execute an 4946
affirmation under division (A)(4) of this section, the elector may 4947
cast a provisional ballot under section 3505.181 of the Revised 4948
Code, the envelope of which ballot shall include the elector's 4949
name. 4950

       (6) If an elector provides a form of photo identification 4951
that does not contain the elector's current residence address, the 4952
elector may cast a provisional ballot under section 3505.181 of 4953
the Revised Code. 4954

       (B) After the elector has announced the elector's full name 4955
and current address and provided any of the forms of 4956
identification required under division (A)(1) of this section, the 4957
elector shall ~~then~~ write ~~his~~the elector's name and address at the 4958
proper place in the poll ~~lists~~list or signature ~~pollbooks~~ 4959
pollbook provided ~~therefor~~for the purpose, except that if, for 4960
any reason, an elector ~~shall be~~is unable to write ~~his~~the 4961
elector's name and current address in the poll list or signature 4962
pollbook, the elector may make ~~his~~the elector's mark at the place 4963
intended for ~~his~~the elector's name, and a precinct election 4964
official shall write the name of the elector at the proper place 4965
on the poll list or signature pollbook following the elector's 4966
mark~~, upon the presentation of proper identification~~. The making 4967
of such a mark shall be attested by the precinct election 4968
official, who shall evidence the same by signing ~~his~~the precinct 4969
election official's name on the poll list or signature pollbook as 4970
a witness to ~~such~~the mark. Alternatively, if applicable, an 4971
attorney in fact acting pursuant to section 3501.382 of the 4972
Revised Code may sign the elector's signature in the poll list or 4973
signature pollbook in accordance with that section. 4974

       The elector's signature in the poll ~~lists~~list or signature 4975
~~pollbooks shall~~pollbook then shall be compared with ~~his~~the 4976
elector's signature on ~~his~~the elector's registration form or a 4977
digitized signature list as provided for in section 3503.13 of the 4978
Revised Code, and if, in the opinion of a majority of the precinct 4979
election officials, the signatures are the signatures of the same 4980
person, the ~~clerks~~election officials shall enter the date of the 4981
election on the registration form or shall record the date by ~~such~~ 4982
other means ~~as may be~~ prescribed by the secretary of state. IfThe 4983
validity of an attorney in fact's signature on behalf of an 4984
elector shall be determined in accordance with section 3501.382 of 4985
the Revised Code. 4986

       If the right of the elector to vote is not then challenged, 4987
or, if being challenged, hethe elector establishes ~~his~~the 4988
elector's right to vote, hethe elector shall be allowed to 4989
proceed ~~into~~to use the voting machine. If voting machines are not 4990
being used in that precinct, the judge in charge of ballots shall 4991
then detach the next ballots to be issued to the elector from Stub 4992
B attached to each ballot, leaving Stub A attached to each ballot, 4993
hand the ballots to the elector, and call ~~his~~the elector's name 4994
and the stub number on each of the ballots. The ~~clerk~~judge shall 4995
enter the stub numbers opposite the signature of the elector in 4996
the pollbook. The elector shall then retire to one of the voting 4997
compartments to mark ~~his~~the elector's ballots. No mark shall be 4998
made on any ballot which would in any way enable any person to 4999
identify the person who voted the ballot. 5000

       Sec. 3505.181. (A) All of the following individuals shall be 5001
permitted to cast a provisional ballot at an election: 5002

       (1) An individual who declares that the individual is a 5003
registered voter in the jurisdiction in which the individual 5004
desires to vote and that the individual is eligible to vote in an 5005
election, but the name of the individual does not appear on the 5006
official list of eligible voters for the polling place or an 5007
election official asserts that the individual is not eligible to 5008
vote; 5009

       (2) An individual who provides to the election officials the 5010
last four digits of the individual's social security number as 5011
permitted by division (A)(2) of section 3505.18 of the Revised 5012
Code; 5013

       (3) An individual who is unable to provide to the election 5014
officials any of the forms of identification required under 5015
division (A)(1) of section 3505.18 of the Revised Code or to 5016
provide the last four digits of the individual's social security 5017
number as permitted under division (A)(2) of that section. 5018

       (4) An individual who does not have any of the forms of 5019
identification required under division (A)(1) of section 3505.18 5020
of the Revised Code, who cannot provide the last four digits of 5021
the individual's social security number under division (A)(2) of 5022
that section because the individual does not have a social 5023
security number, and who has executed an affirmation as permitted 5024
under division (A)(4) of that section; 5025

       (5) An individual whose name in the poll list or signature 5026
pollbook has been marked under section 3509.09 or 3511.13 of the 5027
Revised Code as having requested an absent voter's ballot or an 5028
armed service absent voter's ballot for that election and who 5029
appears to vote at the polling place; 5030

       (6) An individual whose notification of registration has been 5031
returned undelivered to the board of elections and whose name in 5032
the official registration list and in the poll list or signature 5033
pollbook has been marked under division (C)(2) of section 3503.19 5034
of the Revised Code; 5035

       (7) An individual who is challenged under section 3505.20 of 5036
the Revised Code and the election officials determine that the 5037
person is ineligible to vote or are unable to determine the 5038
person's eligibility to vote; 5039

       (8) An individual whose application or challenge hearing has 5040
been postponed until after the day of the election under division 5041
(D)(1) of section 3503.24 of the Revised Code; 5042

       (9) An individual whose notice of election has been returned 5043
undelivered to the board of elections and whose name in the 5044
official registration list and poll list or signature pollbook has 5045
been marked under division (B) of section 3501.19 of the Revised 5046
Code; 5047

       (10) An individual who moves within a precinct, changes the 5048
individual's name and remains within the precinct, moves from one 5049
precinct to another within a county, moves from one precinct to 5050
another and changes the individual's name, or moves from one 5051
county to another within the state, and completes and signs the 5052
required forms and statements under division (B) or (C) of section 5053
3503.16 of the Revised Code; 5054

       (11) An individual whose signature, in the opinion of the 5055
precinct officers under section 3505.22 of the Revised Code, is 5056
not that of the person who signed that name in the registration 5057
forms; 5058

       (12) An individual who is challenged under section 3513.20 of 5059
the Revised Code who refuses to make the statement required under 5060
that section, who a majority of the precinct officials find lacks 5061
any of the qualifications to make the individual a qualified 5062
elector, or who a majority of the precinct officials find is not 5063
affiliated with or a member of the political party whose ballot 5064
the individual desires to vote; 5065

       (13) An individual who does not have any of the forms of 5066
identification required under division (A)(1) of section 3505.18 5067
of the Revised Code, who cannot provide the last four digits of 5068
the individual's social security number under division (A)(2) of 5069
that section because the person does not have a social security 5070
number, and who declines to execute an affirmation as permitted 5071
under division (A)(4) of that section; 5072

       (14) An individual who provides a form of photo 5073
identification under division (A)(6) of section 3505.18 of the 5074
Revised Code that does not contain the elector's current residence 5075
address. 5076

       (B) An individual who is eligible to cast a provisional 5077
ballot under division (A) of this section shall be permitted to 5078
cast a provisional ballot as follows: 5079

       (1) An election official at the polling place shall notify 5080
the individual that the individual may cast a provisional ballot 5081
in that election. 5082

       (2) The individual shall be permitted to cast a provisional 5083
ballot at that polling place upon the execution of a written 5084
affirmation by the individual before an election official at the 5085
polling place stating that the individual is both of the 5086
following: 5087

       (a) A registered voter in the jurisdiction in which the 5088
individual desires to vote; 5089

       (b) Eligible to vote in that election. 5090

       (3) An election official at the polling place shall transmit 5091
the ballot cast by the individual, the voter information contained 5092
in the written affirmation executed by the individual under 5093
division (B)(2) of this section, or the individual's name if the 5094
individual declines to execute such an affirmation to an 5095
appropriate local election official for verification under 5096
division (B)(4) of this section. If the individual provides a form 5097
of photo identification required under division (A)(1) of section 5098
3505.18 of the Revised Code that does not contain the elector's 5099
current residence address, the individual shall inform the 5100
election official at the polling place, and the election official 5101
shall transmit to an appropriate local election official, for 5102
verification under division (B)(4) of this section, both the 5103
former and current residence addresses of the individual. 5104

       (4) If the appropriate local election official to whom the 5105
ballot or voter or address information is transmitted under 5106
division (B)(3) of this section determines that the individual is 5107
eligible to vote, the individual's provisional ballot shall be 5108
counted as a vote in that election. 5109

       (5)(a) At the time that an individual casts a provisional 5110
ballot, the appropriate local election official shall give the 5111
individual written information that states that any individual who 5112
casts a provisional ballot will be able to ascertain under the 5113
system established under division (B)(5)(b) of this section 5114
whether the vote was counted, and, if the vote was not counted, 5115
the reason that the vote was not counted. 5116

       (b) The appropriate state or local election official shall 5117
establish a free access system, in the form of a toll-free 5118
telephone number, that any individual who casts a provisional 5119
ballot may access to discover whether the vote of that individual 5120
was counted, and, if the vote was not counted, the reason that the 5121
vote was not counted. The free access system established under 5122
this division also shall provide to an individual whose 5123
provisional ballot was not counted information explaining how that 5124
individual may contact the board of elections to register to vote 5125
or to resolve problems with the individual's voter registration. 5126

       The appropriate state or local election official shall 5127
establish and maintain reasonable procedures necessary to protect 5128
the security, confidentiality, and integrity of personal 5129
information collected, stored, or otherwise used by the free 5130
access system established under this division. Access to 5131
information about an individual ballot shall be restricted to the 5132
individual who cast the ballot. 5133

       (6) If, at the time that an individual casts a provisional 5134
ballot, the individual provides identification in the form of a 5135
current and valid photo identification, in the form of a current 5136
and valid photo identification but with the individual's former 5137
address instead of current address, or in the form of a copy of a 5138
current utility bill, bank statement, government check, paycheck, 5139
or other government document that shows the individual's name and 5140
current address, or provides the last four digits of the 5141
individual's social security number, or executes an affirmation 5142
that the elector does not have any of those forms of 5143
identification or the last four digits of the individual's social 5144
security number because the individual does not have a social 5145
security number, or declines to execute such an affirmation, the 5146
appropriate local election official shall record the type of 5147
identification provided, the social security number information, 5148
the fact that the affirmation was executed, or the fact that the 5149
individual declined to execute such an affirmation and include 5150
that information with the transmission of the ballot or voter or 5151
address information under division (B)(3) of this section. If the 5152
individual declines to execute such an affirmation, the 5153
appropriate local election official shall record the individual's 5154
name and include that information with the transmission of the 5155
ballot under division (B)(3) of this section. 5156

       (7) If an individual casts a provisional ballot pursuant to 5157
division (A)(3), (7), (8), or (13) of this section, the election 5158
official shall indicate, on the provisional ballot verification 5159
statement required under section 3505.182 of the Revised Code, 5160
that the individual is required to provide additional information 5161
to the board of elections or that an application or challenge 5162
hearing has been postponed with respect to the individual, such 5163
that additional information is required for the board of elections 5164
to determine the eligibility of the individual who cast the 5165
provisional ballot. 5166

       (8) During the ten days after the day of an election, an 5167
individual who casts a provisional ballot pursuant to division 5168
(A)(3), (7), or (13) of this section shall appear at the office of 5169
the board of elections and provide to the board any additional 5170
information necessary to determine the eligibility of the 5171
individual who cast the provisional ballot. 5172

       (a) For a provisional ballot cast pursuant to division (A)(3) 5173
or (13) of this section to be eligible to be counted, the 5174
individual who cast that ballot, within ten days after the day of 5175
the election, shall do either of the following: 5176

       (i) Provide to the board of elections proof of the 5177
individual's identity in the form of a current and valid photo 5178
identification or a copy of a current utility bill, bank 5179
statement, government check, paycheck, or other government 5180
document that shows the individual's name and current address; 5181

       (ii) Provide to the board of elections the last four digits 5182
of the individual's social security number. 5183

       (b) For a provisional ballot cast pursuant to division (A)(7) 5184
of this section to be eligible to be counted, the individual who 5185
cast that ballot, within ten days after the day of that election, 5186
shall provide to the board of elections any identification or 5187
other documentation required to be provided by the applicable 5188
challenge questions asked of that individual under section 3505.20 5189
of the Revised Code. 5190

       (C)(1) If an individual declares that the individual is 5191
eligible to vote in a jurisdiction other than the jurisdiction in 5192
which the individual desires to vote, or if, upon review of the 5193
precinct voting location guide using the residential street 5194
address provided by the individual, an election official at the 5195
polling place at which the individual desires to vote determines 5196
that the individual is not eligible to vote in that jurisdiction, 5197
the election official shall direct the individual to the polling 5198
place for the jurisdiction in which the individual appears to be 5199
eligible to vote, explain that the individual may cast a 5200
provisional ballot at the current location but the ballot will not 5201
be counted if it is cast in the wrong precinct, and provide the 5202
telephone number of the board of elections in case the individual 5203
has additional questions. 5204

       (2) If the individual refuses to travel to the polling place 5205
for the correct jurisdiction or to the office of the board of 5206
elections to cast a ballot, the individual shall be permitted to 5207
vote a provisional ballot at that jurisdiction in accordance with 5208
division (B) of this section. If any of the following apply, the 5209
provisional ballot cast by that individual shall not be opened or 5210
counted: 5211

       (a) The individual is not properly registered in that 5212
jurisdiction. 5213

       (b) The individual is not eligible to vote in that election 5214
in that jurisdiction. 5215

       (c) The individual's eligibility to vote in that jurisdiction 5216
in that election cannot be established upon examination of the 5217
records on file with the board of elections. 5218

       (D) The appropriate local election official shall cause 5219
voting information to be publicly posted at each polling place on 5220
the day of each election. 5221

       (E) As used in this section and sections 3505.182 and 5222
3505.183 of the Revised Code: 5223

       (1) "Jurisdiction" means the precinct in which a person is a 5224
legally qualified elector. 5225

       (2) "Precinct voting location guide" means either of the 5226
following: 5227

        (a) An electronic or paper record that lists the correct 5228
jurisdiction and polling place for either each specific 5229
residential street address in the county or the range of 5230
residential street addresses located in each neighborhood block in 5231
the county; 5232

        (b) Any other method that a board of elections creates that 5233
allows a precinct election official or any elector who is at a 5234
polling place in that county to determine the correct jurisdiction 5235
and polling place of any qualified elector who resides in the 5236
county. 5237

        (3) "Voting information" means all of the following: 5238

       (a) A sample version of the ballot that will be used for that 5239
election; 5240

       (b) Information regarding the date of the election and the 5241
hours during which polling places will be open; 5242

       (c) Instructions on how to vote, including how to cast a vote 5243
and how to cast a provisional ballot; 5244

       (d) Instructions for mail-in registrants and first-time 5245
voters under applicable federal and state laws; 5246

       (e) General information on voting rights under applicable 5247
federal and state laws, including information on the right of an 5248
individual to cast a provisional ballot and instructions on how to 5249
contact the appropriate officials if these rights are alleged to 5250
have been violated; 5251

       (f) General information on federal and state laws regarding 5252
prohibitions against acts of fraud and misrepresentation. 5253

       Sec. 3505.182. Each individual who casts a provisional 5254
ballot under section 3505.181 of the Revised Code shall execute a 5255
written affirmation. The form of the written affirmation shall be 5256
printed upon the face of the provisional ballot envelope and shall 5257
be substantially as follows: 5258

"Provisional Ballot Affirmation 5259

STATE OF OHIO 5260

       I, .................... (Name of provisional voter), solemnly 5261
swear or affirm that I am a registered voter in the jurisdiction 5262
in which I am voting this provisional ballot and that I am 5263
eligible to vote in the election in which I am voting this 5264
provisional ballot. 5265

       I understand that, if the above-provided information is not 5266
fully completed and correct, if the board of elections determines 5267
that I am not registered to vote, a resident of this precinct, or 5268
eligible to vote in this election, or if the board of elections 5269
determines that I have already voted in this election, my 5270
provisional ballot will not be counted. I further understand that 5271
knowingly providing false information is a violation of law and 5272
subjects me to possible criminal prosecution. 5273

       I hereby declare, under penalty of election falsification, 5274
that the above statements are true and correct to the best of my 5275
knowledge and belief. 5276

5277
(Signature of Voter) 5278
5279
(Voter's date of birth) 5280

The last four digits of the voter's social security number 5281
5282
(To be provided if the voter is unable to provide a current and valid photo identification or a current utility bill, bank statement, government check, paycheck, or other government document that shows the voter's name and current address but is able to provide these last four digits) 5283

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 5284
OF THE FIFTH DEGREE. 5285

Additional Information For Determining Ballot Validity 5286

(May be completed at voter's discretion) 5287

Voter's current address: 5288
Voter's former address if photo identification does not contain voter's current address 5289
Voter's driver's license number or, if not provided above, the last four digits of voter's social security number 5290
(Please circle number type) 5291
(Voter may attach a copy of any of the following for identification purposes: a current and valid photo identification or a current utility bill, bank statement, government check, paycheck, or other government document that shows the voter's name and current address.) 5292
Reason for voting provisional ballot (Check one): 5293
     ..... Requested, but did not receive, absent voter's ballot 5294
     ..... Other 5295

Verification Statement 5296

(To be completed by election official) 5297

       The Provisional Ballot Affirmation printed above was 5298
subscribed and affirmed before me this .......... day of 5299
.......... (Month), .......... (Year). 5300

       (If applicable, the election official must check the 5301
following true statement concerning additional information needed 5302
to determine the eligibility of the provisional voter.) 5303

       ...... The provisional voter is required to provide 5304
additional information to the board of elections. 5305

       ...... An application or challenge hearing regarding this 5306
voter has been postponed until after the election. 5307

       (The election official must check the following true 5308
statement concerning identification provided by the provisional 5309
voter, if any.) 5310

       ...... The provisional voter provided a current and valid 5311
photo identification. 5312

       ...... The provisional voter provided a current valid photo 5313
identification but with the voter's former address instead of 5314
current address and has provided the election official both the 5315
current and former addresses. 5316

       ...... The provisional voter provided a copy of a current 5317
utility bill, bank statement, government check, paycheck, or other 5318
government document with the voter's name and current address. 5319

       ...... The provisional voter provided the last four digits of 5320
the voter's social security number. 5321

       ...... The provisional voter did not provide a current and 5322
valid photo identification or a copy of a current utility bill, 5323
bank statement, government check, paycheck, or other government 5324
document with the voter's name and current address but does have 5325
one of these forms of identification. The provisional voter must 5326
provide one of the foregoing items of identification to the board 5327
of elections within ten days after the election. 5328

       ..... The provisional voter is not able to provide a current 5329
and valid photo identification or a copy of a current utility 5330
bill, bank statement, government check, paycheck, or other 5331
government document with the voter's name and current address. 5332
Additionally, the provisional voter does have a social security 5333
number but is not able to provide the last four digits of the 5334
voter's social security number before voting. The provisional 5335
voter must provide one of the foregoing items of identification or 5336
the last four digits of the voter's social security number to the 5337
board of elections within ten days after the election. 5338

       ..... The provisional voter does not have a current and valid 5339
photo identification, a copy of a current utility bill, bank 5340
statement, government check, paycheck, or other government 5341
document with the voter's name and current address, or a social 5342
security number, but has executed an affirmation. 5343

       ..... The provisional voter did not provide a current and 5344
valid photo identification, a copy of a current utility bill, bank 5345
statement, government check, paycheck, or other government 5346
document with the voter's name and current address, or the last 5347
four digits of the voter's social security number and did not 5348
execute an affirmation. The provisional voter must provide one of 5349
the foregoing items of identification or the last four digits of 5350
the voter's social security number to the board of elections 5351
within ten days after the election. 5352

5353
(Signature of Election Official)" 5354

       In addition to any information required to be included on the 5355
written affirmation, an individual casting a provisional ballot 5356
may provide additional information to the election official to 5357
assist the board of elections in determining the individual's 5358
eligibility to vote in that election, including the date and 5359
location at which the individual registered to vote, if known. 5360

       If the individual declines to execute the affirmation, an 5361
appropriate local election official shall comply with division 5362
(B)(6) of section 3505.181 of the Revised Code. 5363

       Sec. 3505.183. (A) When the ballot boxes are delivered to 5364
the board of elections from the precincts, the board shall 5365
separate the provisional ballot envelopes from the rest of the 5366
ballots. Teams of employees of the board consisting of one member 5367
of each major political party shall place the sealed provisional 5368
ballot envelopes in a secure location within the office of the 5369
board. The sealed provisional ballot envelopes shall remain in 5370
that secure location until the validity of those ballots is 5371
determined under division (B) of this section. While the 5372
provisional ballot is stored in that secure location, and prior to 5373
the counting of the provisional ballots, if the board receives 5374
information regarding the validity of a specific provisional 5375
ballot under division (B) of this section, the board may note, on 5376
the sealed provisional ballot envelope for that ballot, whether 5377
the ballot is valid and entitled to be counted. 5378

       (B)(1) To determine whether a provisional ballot is valid and 5379
entitled to be counted, the board shall examine its records and 5380
determine whether the individual who cast the provisional ballot 5381
is registered and eligible to vote in the applicable election. The 5382
board shall examine the information contained in the written 5383
affirmation executed by the individual who cast the provisional 5384
ballot under division (B)(2) of section 3505.181 of the Revised 5385
Code. If the individual declines to execute such an affirmation, 5386
the individual's name, written by either the individual or the 5387
election official at the direction of the individual, shall be 5388
included in a written affirmation in order for the provisional 5389
ballot to be eligible to be counted; otherwise, the following 5390
information shall be included in the written affirmation in order 5391
for the provisional ballot to be eligible to be counted: 5392

       (a) The individual's name and signature; 5393

       (b) A statement that the individual is a registered voter in 5394
the jurisdiction in which the provisional ballot is being voted; 5395

       (c) A statement that the individual is eligible to vote in 5396
the election in which the provisional ballot is being voted. 5397

       (2) In addition to the information required to be included in 5398
an affirmation under division (B)(1) of this section, in 5399
determining whether a provisional ballot is valid and entitled to 5400
be counted, the board also shall examine any additional 5401
information for determining ballot validity provided by the 5402
provisional voter on the affirmation, provided by the provisional 5403
voter to an election official under section 3505.182 of the 5404
Revised Code, or provided to the board of elections during the ten 5405
days after the day of the election under division (B)(8) of 5406
section 3505.181 of the Revised Code, to assist the board in 5407
determining the individual's eligibility to vote. 5408

       (3) If, in examining a provisional ballot affirmation and 5409
additional information under divisions (B)(1) and (2) of this 5410
section, the board determines that all of the following apply, the 5411
provisional ballot envelope shall be opened, and the ballot shall 5412
be placed in a ballot box to be counted: 5413

       (a) The individual named on the affirmation is properly 5414
registered to vote. 5415

       (b) The individual named on the affirmation is eligible to 5416
cast a ballot in the precinct and for the election in which the 5417
individual cast the provisional ballot. 5418

       (c) The individual provided all of the information required 5419
under division (B)(1) of this section in the affirmation that the 5420
individual executed at the time the individual cast the 5421
provisional ballot. 5422

       (d) If applicable, the individual provided any additional 5423
information required under division (B)(8) of section 3505.181 of 5424
the Revised Code within ten days after the day of the election. 5425

       (e) If applicable, the hearing conducted under division (B) 5426
of section 3503.24 of the Revised Code after the day of the 5427
election resulted in the individual's inclusion in the official 5428
registration list. 5429

       (4)(a) If, in examining a provisional ballot affirmation and 5430
additional information under divisions (B)(1) and (2) of this 5431
section, the board determines that any of the following applies, 5432
the provisional ballot envelope shall not be opened, and the 5433
ballot shall not be counted: 5434

       (i) The individual named on the affirmation is not qualified 5435
or is not properly registered to vote. 5436

       (ii) The individual named on the affirmation is not eligible 5437
to cast a ballot in the precinct or for the election in which the 5438
individual cast the provisional ballot. 5439

       (iii) The individual did not provide all of the information 5440
required under division (B)(1) of this section in the affirmation 5441
that the individual executed at the time the individual cast the 5442
provisional ballot. 5443

       (iv) The individual has already cast a ballot for the 5444
election in which the individual cast the provisional ballot. 5445

       (v) If applicable, the individual did not provide any 5446
additional information required under division (B)(8) of section 5447
3505.181 of the Revised Code within ten days after the day of the 5448
election. 5449

       (vi) If applicable, the hearing conducted under division (B) 5450
of section 3503.24 of the Revised Code after the day of the 5451
election did not result in the individual's inclusion in the 5452
official registration list. 5453

       (vii) The individual failed to provide a current and valid 5454
photo identification, a copy of a current utility bill, bank 5455
statement, government check, paycheck, or other government 5456
document with the voter's name and current address, or the last 5457
four digits of the individual's social security number or to 5458
execute an affirmation under division (A) of section 3505.18 or 5459
division (B) of section 3505.181 of the Revised Code. 5460

       (b) If, in examining a provisional ballot affirmation and 5461
additional information under divisions (B)(1) and (2) of this 5462
section, the board is unable to determine either of the following, 5463
the provisional ballot envelope shall not be opened, and the 5464
ballot shall not be counted: 5465

       (i) Whether the individual named on the affirmation is 5466
qualified or properly registered to vote; 5467

       (ii) Whether the individual named on the affirmation is 5468
eligible to cast a ballot in the precinct or for the election in 5469
which the individual cast the provisional ballot. 5470

       (C)(1) For each provisional ballot rejected under division 5471
(B)(4) of this section, the board shall record the name of the 5472
provisional voter who cast the ballot, the identification number 5473
of the provisional ballot envelope, the names of the election 5474
officials who determined the validity of that ballot, the date and 5475
time that the determination was made, and the reason that the 5476
ballot was not counted. 5477

       (2) Provisional ballots that are rejected under division 5478
(B)(4) of this section shall not be counted but shall be preserved 5479
in their provisional ballot envelopes unopened until the time 5480
provided by section 3505.31 of the Revised Code for the 5481
destruction of all other ballots used at the election for which 5482
ballots were provided, at which time they shall be destroyed. 5483

       (D) Provisional ballots that the board determines are 5484
eligible to be counted under division (B)(3) of this section shall 5485
be counted in the same manner as provided for other ballots under 5486
section 3505.27 of the Revised Code. No provisional ballots shall 5487
be counted in a particular county until the board determines the 5488
eligibility to be counted of all provisional ballots cast in that 5489
county under division (B) of this section for that election. 5490
Observers, as provided in section 3505.21 of the Revised Code, may 5491
be present at all times that the board is determining the 5492
eligibility of provisional ballots to be counted and counting 5493
those provisional ballots determined to be eligible. No person 5494
shall recklessly disclose the count or any portion of the count of 5495
provisional ballots in such a manner as to jeopardize the secrecy 5496
of any individual ballot. 5497

       (E)(1) Except as otherwise provided in division (E)(2) of 5498
this section, nothing in this section shall prevent a board of 5499
elections from examining provisional ballot affirmations and 5500
additional information under divisions (B)(1) and (2) of this 5501
section to determine the eligibility of provisional ballots to be 5502
counted during the ten days after the day of an election. 5503

       (2) A board of elections shall not examine the provisional 5504
ballot affirmation and additional information under divisions 5505
(B)(1) and (2) of this section of any provisional ballot for which 5506
an election official has indicated under division (B)(7) of 5507
section 3505.181 of the Revised Code that additional information 5508
is required for the board of elections to determine the 5509
eligibility of the individual who cast that provisional ballot 5510
until the individual provides any information required under 5511
division (B)(8) of section 3505.181 of the Revised Code, until any 5512
hearing required to be conducted under section 3503.24 of the 5513
Revised Code with regard to the provisional voter is held, or 5514
until the eleventh day after the day of the election, whichever is 5515
earlier. 5516

       Sec. 3505.19. Any person registered as an elector may be 5517
challenged by any qualified elector as to ~~his~~the registered 5518
elector's right to vote ~~at any~~prior to the nineteenth day before 5519
the day of an election. Such qualified elector may, ~~at any time~~ 5520
~~during the year,~~ either by appearing in person at the office of 5521
the board of elections, or by letter addressed to the board, 5522
challenge the right of such registered elector to vote. Any such 5523
challenge must state the ground upon which the challenge is made, 5524
and must be signed by the challenger giving ~~his~~the challenger's 5525
address and voting precinct. If~~, after public hearing, of which~~ 5526
~~both the challenger and challenged shall be notified,~~ the board is 5527
satisfied, in accordance with division (B) of section 3503.24 of 5528
the Revised Code, that the challenge is well taken, the director 5529
shall so indicate on the registration cards and he shall so notify 5530
in writing the judges ~~and clerks~~ of the precinct. If such 5531
challenged person offers to vote at such election he, the 5532
challenged person shall be examined as in the case of an original 5533
challenge. If such person establishes, to the satisfaction of the 5534
judges ~~and clerks~~, that ~~his~~the person's disabilities have been 5535
removed and that hethe person has a right to vote, hethe person 5536
shall be permitted to vote. 5537

       Sec. 3505.20. Any person offering to vote may be challenged 5538
at the polling place ~~by any challenger, any elector then lawfully~~ 5539
~~in the polling place, or~~ by any judge ~~or clerk~~ of elections. If 5540
the board of elections has ruled on the question presented by a 5541
challenge prior to election day, its finding and decision shall be 5542
final, and the presiding judge shall be notified in writing. If 5543
the board has not ruled, the question shall be determined as set 5544
forth in this section. If any person is so challenged as 5545
unqualified to vote, the presiding judge shall tender the person 5546
the following oath: "You do swear or affirm under penalty of 5547
election falsification that you will fully and truly answer all of 5548
the following questions put to you~~, touching your place of~~ 5549
~~residence and~~concerning your qualifications as an elector at this 5550
election." 5551

       (A) If the person is challenged as unqualified on the ground 5552
that the person is not a citizen, the judges shall put the 5553
following questions: 5554

       (1) Are you a citizen of the United States? 5555

       (2) Are you a native or naturalized citizen? 5556

       (3) Where were you born? 5557

       (4) What official documentation do you possess to prove your 5558
citizenship? Please provide that documentation. 5559

       If the person offering to vote claims to be a naturalized 5560
citizen of the United States, the person shall, before the vote is 5561
received, ~~either~~ produce for inspection of the judges a 5562
certificate of naturalization and declare under oath that the 5563
person is the identical person named ~~therein, or state under oath~~ 5564
~~when and where the person was naturalized, that the person has had~~ 5565
~~a certificate of the person's naturalization, and that it is lost,~~ 5566
~~destroyed, or beyond the person's power to produce to the judges~~ 5567
in the certificate. If the person states under oath that, by 5568
reason of the naturalization of the person's parents or one of 5569
them, the person has become a citizen of the United States, and 5570
when or where the person's parents were naturalized, the 5571
certificate of naturalization need not be produced. If the person 5572
is unable to provide a certificate of naturalization on the day of 5573
the election, the judges shall provide to the person, and the 5574
person may vote, a provisional ballot under section 3505.181 of 5575
the Revised Code. The provisional ballot shall not be counted 5576
unless it is properly completed and the board of elections 5577
determines that the voter is properly registered and eligible to 5578
vote in the election. 5579

       (B) If the person is challenged as unqualified on the ground 5580
that the person has not resided in this state for thirty days 5581
immediately preceding the election, the judges shall put the 5582
following questions: 5583

       (1) Have you resided in this state for thirty days 5584
immediately preceding this election? If so, where have you 5585
resided? ~~Name two persons who know of your place of residence.~~ 5586

       (2) ~~Have you been absent from this state within the thirty~~ 5587
~~days immediately preceding this election? If yes, then the~~ 5588
~~following questions:~~ 5589

       ~~(a) Have you continuously resided outside this state for a~~ 5590
~~period of four years or more?~~ 5591

       ~~(b) Did you, while absent, look upon and regard this state as~~ 5592
~~your home?~~ 5593

       ~~(c) Did you, while absent, vote in any other state?~~Did you 5594
properly register to vote? 5595

       (3) Can you provide some form of identification containing 5596
your current mailing address in this precinct? Please provide that 5597
identification. 5598

       (4) Have you voted or attempted to vote at any other location 5599
in this or in any other state at this election? 5600

       (5) Have you applied for an absent voter's ballot in any 5601
state for this election? 5602

       If the judges are unable to verify the person's eligibility 5603
to cast a ballot in the election, the judges shall provide to the 5604
person, and the person may vote, a provisional ballot under 5605
section 3505.181 of the Revised Code. The provisional ballot shall 5606
not be counted unless it is properly completed and the board of 5607
elections determines that the voter is properly registered and 5608
eligible to vote in the election. 5609

       (C) If the person is challenged as unqualified on the ground 5610
that the person is not a resident of the ~~county or~~ precinct where 5611
hethe person offers to vote, the judges shall put the following 5612
questions: 5613

       (1) ~~Do you now reside in this county?~~ 5614

       ~~(2)~~ Do you ~~now~~ reside in this precinct? 5615

       (2) When did you move into this precinct? 5616

       (3) When you came into this precinct, did you come for a 5617
temporary purpose merely or for the purpose of making it your 5618
home? 5619

       (4) What is your current mailing address? 5620

       (5) Do you have some official identification containing your 5621
current address in this precinct? Please provide that 5622
identification. 5623

       (6) Have you voted or attempted to vote at any other location 5624
in this or in any other state at this election? 5625

       (7) Have you applied for any absent voter's ballot in any 5626
state for this election? 5627

       The judges shall direct an individual who is not in the 5628
appropriate polling place to the appropriate polling place. If the 5629
individual refuses to go to the appropriate polling place, or if 5630
the judges are unable to verify the person's eligibility to cast a 5631
ballot in the election, the judges shall provide to the person, 5632
and the person may vote, a provisional ballot under section 5633
3505.181 of the Revised Code. The provisional ballot shall not be 5634
counted unless it is properly completed and the board of elections 5635
determines that the voter is properly registered and eligible to 5636
vote in the election. 5637

       (D) If the person is challenged as unqualified on the ground 5638
that the person is not of legal voting age, the judges shall put 5639
the following ~~question~~questions: 5640

       (1) Are you eighteen years of age or more ~~to the best of your~~ 5641
~~knowledge and belief~~? 5642

       (2) What is your date of birth? 5643

       (3) Do you have some official identification verifying your 5644
age? Please provide that identification. 5645

       If the judges are unable to verify the person's age and 5646
eligibility to cast a ballot in the election, the judges shall 5647
provide to the person, and the person may vote, a provisional 5648
ballot under section 3505.181 of the Revised Code. The provisional 5649
ballot shall not be counted unless it is properly completed and 5650
the board of elections determines that the voter is properly 5651
registered and eligible to vote in the election. 5652

       The presiding judge shall put such other questions to the 5653
person challenged ~~under respective heads designated by this~~ 5654
~~section,~~ as are necessary to ~~test~~determine the person's 5655
qualifications as an elector at the election. If a person 5656
challenged refuses to answer fully any question put to the person, 5657
is unable to answer the questions as they were answered on the 5658
registration form by the person under whose name the person offers 5659
to vote, or refuses to sign the person's name or make the person's 5660
mark, or if for any other reason a majority of the judges believes 5661
the person is not entitled to vote, the judges shall ~~refuse the~~ 5662
~~person a ballot. If a person is disqualified under division (C) of~~ 5663
~~this section because the person does not now reside in the county~~ 5664
~~or precinct, the presiding judge shall inform the person of the~~ 5665
~~person's right to vote in the person's proper county or precinct~~ 5666
~~of residence and instruct the person to contact the appropriate~~ 5667
~~board of elections for information concerning the location of the~~ 5668
~~person's voting precinct~~provide to the person, and the person may 5669
vote, a provisional ballot under section 3505.181 of the Revised 5670
Code. The provisional ballot shall not be counted unless it is 5671
properly completed and the board of elections determines that the 5672
voter is properly registered and eligible to vote in the election. 5673

       A qualified citizen who has certified the citizen's intention 5674
to vote for president and vice-president as provided by Chapter 5675
3504. of the Revised Code shall be eligible to receive only the 5676
ballot containing presidential and vice-presidential candidates. 5677

       ~~The decision of said judges shall be final as to the right of~~ 5678
~~the person challenged to vote at such election.~~ 5679

       However, prior to the nineteenth day before the day of an 5680
election and in accordance with section 3503.24 of the Revised 5681
Code, any person qualified to vote may challenge the right of any 5682
other person to be registered as a voter, or the right to cast an 5683
absent voter's ballot, or to make application for such ballot. 5684
Such challenge shall be made in accordance with section 3503.24 of 5685
the Revised Code, and the board of elections of the county in 5686
which the voting residence of the challenged voter is situated 5687
shall make a final determination relative to the legality of such 5688
registration or application. 5689

       Sec. 3505.21. At any primary, special, or general election, 5690
any political party supporting candidates to be voted upon at such 5691
election and any group of five or more candidates may appoint to 5692
the board of elections or to any of the ~~polling places~~precincts 5693
in the county or city one person, a qualified elector, who shall 5694
serve as ~~challenger~~observer for such party or such candidates 5695
during the casting ~~of the ballots,~~ and ~~one person, a qualified~~ 5696
~~elector, who shall serve as witness during the~~ counting of the 5697
ballots; provided that ~~one such person~~separate observers may be 5698
appointed to serve ~~as both challenger and witness~~during the 5699
casting and during the counting of the ballots. No candidate, no 5700
uniformed peace officer as defined by section 2935.01 of the 5701
Revised Code, no uniformed state highway patrol trooper, no 5702
uniformed member of any fire department, no uniformed member of 5703
the armed services, no uniformed member of the organized militia, 5704
no person wearing any other uniform, and no person carrying a 5705
firearm or other deadly weapon shall serve as ~~a witness or~~ 5706
~~challenger~~an observer, nor shall any candidate be represented by 5707
more than one ~~challenger and one witness~~observer at any one 5708
~~polling place~~precinct except that a candidate who is a member of 5709
a party controlling committee, as defined in section 3517.03 of 5710
the Revised Code, may serve as ~~a witness or challenger~~an 5711
observer. Any political party or group of candidates appointing 5712
~~witnesses or challengers~~observers shall notify the board of 5713
elections of the names and addresses of its appointees and the 5714
~~polling places~~precincts at which they shall serve. Notification 5715
shall take place not less than eleven days before the election on 5716
forms prescribed by the secretary of state and may be amended by 5717
filing an amendment with the board of elections at any time until 5718
four p.m. of the day before the election. The ~~challenger and~~ 5719
~~witness~~observer serving on behalf of a political party shall be 5720
appointed in writing by the ~~chairman~~chairperson and secretary of 5721
the respective controlling party ~~committees~~committee. ~~Challengers~~ 5722
~~and witnesses~~Observers serving for any five or more candidates 5723
shall have their certificates signed by ~~such~~those candidates. 5724
~~Challengers and witnesses so~~Observers appointed to a precinct may 5725
file their certificates of appointment with the presiding judge of 5726
the precinct at the meeting on the evening prior to the election, 5727
or with the presiding judge of the precinct on the day of the 5728
election. ~~Witnesses shall not be admitted to the booths before the~~ 5729
~~closing of the polls except for the purpose of filing their~~ 5730
~~certificates.~~ Upon the filing of a certificate, the person named 5731
as ~~challenger therein~~observer in the certificate shall be 5732
permitted to be in and about the polling place for the precinct 5733
during the casting of the ballots and shall be permitted to watch 5734
every proceeding of the judges ~~and clerks~~ of elections from the 5735
time of the opening until the closing of the polls. ~~Any such~~ 5736
~~witnesses so appointed~~The observer also may inspect the counting 5737
of ~~the~~all ballots in the ~~precinct~~polling place or board of 5738
elections from the time of the closing of the polls until the 5739
counting is completed and the final returns are certified and 5740
signed. Observers appointed to the board of elections under this 5741
section may observe at the board of elections and may observe at 5742
any precinct in the county. The judges of elections shall protect 5743
such ~~challengers and witnesses~~observers in all of the rights and 5744
privileges granted to them by Title XXXV of the Revised Code. 5745

       No persons other than the judges ~~and clerks~~ of elections, the 5746
~~witnesses~~observers, a police officer, other persons who are 5747
detailed to any precinct on request of the board of elections, or 5748
the secretary of state or ~~his~~the secretary of state's legal 5749
representative shall be admitted to the polling place, or any room 5750
in which a board of elections is counting ballots, after the 5751
closing of the polls until the counting, certifying, and signing 5752
of the final returns of each election have been completed. 5753

       Not later than ~~eleven days~~four p.m. of the twentieth day 5754
prior to an election at which questions are to be submitted to a 5755
vote of the people, any committee ~~which~~that in good faith 5756
advocates or opposes a measure may file a petition with the board 5757
of any county asking that ~~such~~the petitioners be recognized as 5758
the committee entitled to appoint ~~witnesses~~observers to the count 5759
at ~~such~~the election. If more than one committee alleging 5760
themselves to advocate or oppose the same measure file such 5761
~~petitions~~a petition, the board shall decide and announce by 5762
registered mail to each committee not less than ~~three~~twelve days 5763
immediately preceding the election which committee is recognized 5764
as being entitled to appoint ~~such witnesses~~observers. ~~Such~~The 5765
decision shall not be final, but any aggrieved party may institute 5766
mandamus proceedings in the court of common pleas of the county 5767
~~wherein such~~in which the board has jurisdiction to compel the 5768
judges of elections to accept the appointees of such aggrieved 5769
party. Any such recognized committee may appoint ~~a challenger and~~ 5770
~~a witness~~an observer to the count in each precinct. Committees 5771
appointing ~~witnesses or challengers~~observers shall notify the 5772
board of elections of the names and addresses of its appointees 5773
and the ~~polling places~~precincts at which they shall serve. 5774
Notification shall take place not less than eleven days before the 5775
election on forms prescribed by the secretary of state and may be 5776
amended by filing an amendment with the board of elections at any 5777
time until four p.m. on the day before the election. A person so 5778
appointed shall file ~~his~~the person's certificate of appointment 5779
with the presiding judge in the precinct in which hethe person 5780
has been appointed to serve. ~~Witnesses~~Observers shall file their 5781
certificates before the polls are closed. In no case shall more 5782
than six ~~such challengers and six witnesses~~observers be appointed 5783
for any one election in any one precinct. If more than three 5784
questions are to be voted on, the committees which have appointed 5785
~~challengers and witnesses~~observers may agree upon not to exceed 5786
six ~~challengers and six witnesses~~observers, and the judges of 5787
elections shall appoint such ~~challengers and witnesses~~observers. 5788
If such committees fail to agree, the judges of elections shall 5789
appoint six ~~challengers and six witnesses~~observers from the 5790
appointees so certified, in such manner that each side of the 5791
several questions shall be represented. 5792

       No person shall serve as ~~a witness or challenger~~an observer 5793
at any ~~polling place~~precinct unless the board of elections of the 5794
county in which such ~~witness or challenger~~observer is to serve 5795
has first been notified of the name, address, and ~~polling place~~ 5796
precinct at which such ~~witness or challenger~~observer is to serve. 5797
Notification to the board of elections shall be given by the 5798
political party, group of candidates, or committee appointing such 5799
~~witness or challenger~~observer as prescribed in this section. No 5800
such ~~challengers and witnesses~~observers shall receive any 5801
compensation from the county, municipal corporation, or township, 5802
and they shall take the following oath, to be administered by one 5803
of the judges of elections: 5804

       "You do solemnly swear that you will faithfully and 5805
impartially discharge the duties as an official ~~challenger and~~ 5806
~~witness~~observer, assigned by law; that you will not cause any 5807
delay to persons offering to vote~~, further than is necessary to~~ 5808
~~procure satisfactory information of their qualification as~~ 5809
~~electors~~; and that you will not disclose or communicate to any 5810
person how any elector has voted at such election." 5811

       Sec. 3505.22. If any precinct officer~~, challenger, or other~~ 5812
~~elector~~ has reason to believe that a person is impersonating an 5813
elector, ~~then such~~that person, before ~~he is~~being given a ballot, 5814
shall be questioned as to ~~his~~the person's right to vote, and 5815
shall be required to sign ~~his~~the person's name or make ~~his~~the 5816
person's mark in ink on a card to be provided ~~therefor~~. If, in the 5817
opinion of a majority of the precinct officers, the signature is 5818
not that of the person who signed ~~such~~the name in the 5819
registration forms, ~~then such~~that person ~~may~~shall be ~~refused~~ 5820
permitted to cast a provisional ballot under section 3505.181 of 5821
the Revised Code. ~~Such person may appeal to the board of elections~~ 5822
~~and if the board finds that he is eligible to vote, an order~~ 5823
~~instructing the precinct officer to permit him to vote shall be~~ 5824
~~given to such person. Such order shall be recognized by such~~ 5825
~~precinct officers when presented and signed and such person shall~~ 5826
~~be permitted to vote.~~ 5827

       Sec. 3505.25. No judge ~~or clerk~~ of elections, ~~challenger~~ 5828
observer, or police officer admitted into the polling rooms at the 5829
election, at any time while the polls are open, shall have in ~~his~~ 5830
the individual's possession, distribute, or give out any ballot or 5831
ticket to any person on any pretense during the receiving, 5832
counting, or certifying of the votes, or have any ballot or ticket 5833
in ~~his~~the individual's possession or control, except in the 5834
proper discharge of ~~his~~the individual's official duty in 5835
receiving, counting, or canvassing the votes. This section does 5836
not prevent the lawful exercise by a judge ~~or clerk~~ of elections, 5837
~~witness,~~ or ~~challenger~~observer of ~~his~~the individual right to 5838
vote at such election. 5839

       Sec. 3505.26. At the time for closing the polls, the 5840
presiding judge shall by proclamation announce that the polls are 5841
closed. 5842

       The judges ~~and clerks~~ shall then in the presence of ~~witnesses~~ 5843
observers proceed as follows: 5844

       (A) Count the number of electors who voted, as shown on the 5845
pollbooks.; 5846

       (B) Count the unused ballots without removing stubs.; 5847

       (C) Count the soiled and defaced ballots.; 5848

       (D) Insert the totals of (A), (B), and (C) on the report 5849
forms provided therefor in the pollbook.; 5850

       (E) Count the voted ballots. If the number of voted ballots 5851
exceeds the number of voters whose names appear upon the 5852
pollbooks, the presiding judge shall enter on the pollbooks an 5853
explanation of ~~such~~that discrepancy, and ~~such~~that explanation, 5854
if agreed to, shall be subscribed to by all of the judges ~~and~~ 5855
~~clerks~~. Any judge ~~or clerk~~ having a different explanation shall 5856
enter it in the pollbooks and subscribe to it. 5857

       (F) Put the unused ballots with stubs attached, and soiled 5858
and defaced ballots with stubs attached, in the envelopes or 5859
containers provided therefor, certify the number, and then proceed 5860
to count and tally the votes in the manner prescribed by section 5861
3505.27 of the Revised Code and certify the result of the election 5862
to the board of elections. 5863

       Sec. 3505.27. Unless otherwise ordered by the secretary of 5864
state or the board of elections, the counting and tallying of 5865
ballots shall be conducted according to procedures prescribed by 5866
the board of elections that assure an accurate count of all votes 5867
cast and that include all of the following: 5868

       (A) The counting and tallying of ballots at the appropriate 5869
office, as designated by the board, in the full view of members of 5870
the board and ~~witnesses~~observers; 5871

       (B) The recording on a worksheet or other appropriate 5872
document of the number of votes cast for each candidate and the 5873
number of votes cast for and against each question or issue; 5874

       (C) The periodic reporting to the public and the office of 5875
the secretary of state of the number of votes cast for each 5876
candidate and the number of votes cast for and against each 5877
question or issue as tallied at the time of the report; 5878

       (D) An examination and verification by the appropriate 5879
authority, as designated by the board, of the votes so tallied and 5880
recorded in the pollbook under section 3505.26 of the Revised 5881
Code. 5882

       The board shall prescribe additional procedures as necessary 5883
to assure an accurate count of all votes cast. These procedures 5884
shall be followed until all of the ballots that are required to be 5885
counted on the day of the election after the close of the polls 5886
have been counted. 5887

       All work sheets that are prepared at the polling locations 5888
shall be preserved and placed inside the pollbook and returned to 5889
the board. 5890

       If there is any disagreement as to how a ballot should be 5891
counted, it shall be submitted to the members of the board for a 5892
decision on whether or to what extent the ballot should be 5893
counted. If three of the members do not agree as to how any part 5894
of the ballot shall be counted, only that part of ~~such~~the ballot 5895
on which three of the members do agree shall be counted. A 5896
notation shall be made upon the ballot indicating what part has 5897
not been counted, and the ballot shall be placed in an envelope 5898
marked "Disputed Ballots." 5899

       Sec. 3505.32. (A) Except as otherwise provided in division 5900
(D) of this section, not earlier than the eleventh day or later 5901
than the fifteenth day after a general or special election or, if 5902
a special election was held on the day of a presidential primary 5903
election, not earlier than the twenty-first day or later than the 5904
twenty-fifth day after the special election, the board of 5905
elections shall begin to canvass the election returns from the 5906
precincts in which electors were entitled to vote at that 5907
election. It shall continue the canvass daily until it is 5908
completed and the results of the voting in that election in each 5909
of the precincts are determined. 5910

       The board shall complete the canvass not later than the ~~date~~ 5911
~~set by the secretary of state under division (U) of section~~ 5912
~~3501.05 of the Revised Code~~twenty-first day after the day of the 5913
election, or if a special election was held on the day of a 5914
presidential primary election, not later than the thirty-first day 5915
after the day of the special election. ~~Sixty~~Eighty-one days after 5916
the ~~date set by~~day of the ~~secretary of state for the completion~~ 5917
~~of the canvass~~election, or ninety-one days after the day of a 5918
special election held on the day of the presidential primary 5919
election, the canvass of election returns shall be deemed final, 5920
and no amendments to the canvass may be made after that date. The 5921
secretary of state may specify an earlier date upon which the 5922
canvass of election returns shall be deemed final, and after which 5923
amendments to the final canvass may not be made, if so required by 5924
federal law. 5925

       (B) The county executive committee of each political party, 5926
each committee designated in a petition nominating an independent 5927
or nonpartisan candidate for election at an election, each 5928
committee designated in a petition to represent the petitioners 5929
pursuant to which a question or issue was submitted at an 5930
election, and any committee opposing a question or issue submitted 5931
at an election that was permitted by section 3505.21 of the 5932
Revised Code to have a qualified elector serve as ~~a witness~~an 5933
observer during the counting of the ballots at each polling place 5934
at an election may designate a qualified elector who may be 5935
present and may ~~witness~~observe the making of the official 5936
canvass. 5937

       (C) The board shall first open all envelopes containing 5938
uncounted ballots and shall count and tally them. 5939

       In connection with its investigation of any apparent or 5940
suspected error or defect in the election returns from a polling 5941
place, the board may cause subpoenas to be issued and served 5942
requiring the attendance before it of the election officials of 5943
that polling place, and it may examine them under oath regarding 5944
the manner in which the votes were cast and counted in that 5945
polling place, or the manner in which the returns were prepared 5946
and certified, or as to any other matters bearing upon the voting 5947
and the counting of the votes in that polling place at that 5948
election. 5949

       Finally, the board shall open the sealed container containing 5950
the ballots that were counted in the polling place at the election 5951
and count those ballots, during the official canvass, in the 5952
presence of all of the members of the board and any other persons 5953
who are entitled to witness the official canvass. 5954

       (D) Prior to the tenth day after a primary, general, or 5955
special election, the board may examine the pollbooks, poll lists, 5956
and tally sheets received from each polling place for its files 5957
and may compare the results of the voting in any polling place 5958
with the summary statement received from the polling place. If the 5959
board finds that any of these records or any portion of them is 5960
missing, or that they are incomplete, not properly certified, or 5961
ambiguous, or that the results of the voting in the polling place 5962
as shown on the summary statement from the polling place are 5963
different from the results of the voting in the polling place as 5964
shown by the pollbook, poll list, or tally sheet from the polling 5965
place, or that there is any other defect in the records, the board 5966
may make whatever changes to the pollbook, poll list, or tally 5967
sheet it determines to be proper in order to correct the errors or 5968
defects. 5969

       Sec. 3506.01. As used in this chapter and Chapters 3501., 5970
3503., 3505., 3509., 3511., 3513., 3515., 3517., 3519., 3521., 5971
3523., and 3599. of the Revised Code: 5972

       (A) "Marking device" means an apparatus operated by a voter 5973
to record the voter's choices through the piercing or marking of 5974
ballots enabling them to be examined and counted by automatic 5975
tabulating equipment. 5976

       (B) "Ballot" means the official election presentation of 5977
offices and candidates, including write-in candidates, and of 5978
questions and issues, and the means by which votes are recorded. 5979

       (C) "Automatic tabulating equipment" means a machine or 5980
electronic device, or interconnected or interrelated machines or 5981
electronic devices, that will automatically examine and count 5982
votes recorded on ballots. 5983

       (D) "Central counting station" means a location, or one of a 5984
number of locations, designated by the board of elections for the 5985
automatic examining, sorting, or counting of ballots. 5986

       (E) "Voting machines" means mechanical or electronic 5987
equipment for the direct recording and tabulation of votes. 5988

       (F) "Direct recording electronic voting machine" means a 5989
voting machine that records votes by means of a ballot display 5990
provided with mechanical or electro-optical components that can be 5991
actuated by the voter, that processes the data by means of a 5992
computer program, and that records voting data and ballot images 5993
in internal or external memory components. A "direct recording 5994
electronic voting machine" produces a tabulation of the voting 5995
data stored in a removable memory component and in printed copy. 5996

       (G) "Help America Vote Act of 2002" means the "Help America 5997
Vote Act of 2002," ~~Public Law~~Pub. L. No. 107-252, 116 Stat. 1666. 5998

        (H) "Voter verified paper audit trail" means a physical paper 5999
printout on which the voter's ballot choices, as registered by a 6000
direct recording electronic voting machine, are recorded. The 6001
voter shall be permitted to visually or audibly inspect the 6002
contents of the physical paper printout. The physical paper 6003
printout shall be securely retained at the polling place until the 6004
close of the polls on the day of the election; the secretary of 6005
state shall adopt rules under Chapter 119. of the Revised Code 6006
specifying the manner of storing the physical paper printout at 6007
the polling place. After the physical paper printout is produced, 6008
but before the voter's ballot is recorded, the voter shall have an 6009
opportunity to accept or reject the contents of the printout as 6010
matching the voter's ballot choices. If a voter rejects the 6011
contents of the physical paper printout, the system that produces 6012
the voter verified paper audit trail shall invalidate the printout 6013
and permit the voter to recast the voter's ballot. On and after 6014
the first federal election that occurs after January 1, 2006, 6015
unless required sooner by the Help America Vote Act of 2002, any 6016
system that produces a voter verified paper audit trail shall be 6017
accessible to disabled voters, including visually impaired voters, 6018
in the same manner as the direct recording electronic voting 6019
machine that produces it. 6020

       Sec. 3506.05. (A) As used in this section, except when used 6021
as part of the phrase "tabulating equipment" or "automatic 6022
tabulating equipment": 6023

       (1) "Equipment" means a voting machine, marking device, 6024
automatic tabulating equipment, or software. 6025

       (2) "Vendor" means the person that owns, manufactures, 6026
distributes, or has the legal right to control the use of 6027
equipment, or the person's agent. 6028

       (B) No voting machine, marking device, automatic tabulating 6029
equipment, or software for the purpose of casting or tabulating 6030
votes or for communications among systems involved in the 6031
tabulation, storage, or casting of votes shall be purchased, 6032
leased, put in use, or continued to be used, except for 6033
experimental use as provided in division (B) of section 3506.04 of 6034
the Revised Code, unless it, a manual of procedures governing its 6035
use, and training materials, service, and other support 6036
arrangements have been certified by the secretary of state and 6037
unless the board of elections of each county where the equipment 6038
will be used has assured that a demonstration of the use of the 6039
equipment has been made available to all interested electors. The 6040
secretary of state shall appoint a board of voting machine 6041
examiners to examine and approve equipment and its related manuals 6042
and support arrangements. The board shall consist of one competent 6043
and experienced election officer and two persons who are 6044
knowledgeable about the operation of such equipment, who shall 6045
serve during the secretary of state's term. 6046

        For the member's service, each member of the board shall 6047
receive three hundred dollars per day for each combination of 6048
marking device, tabulating equipment, and voting machine examined 6049
and reported, but in no event shall a member receive more than six 6050
hundred dollars to examine and report on any one marking device, 6051
item of tabulating equipment, or voting machine. Each member of 6052
the board shall be reimbursed for expenses the member incurs 6053
during an examination or during the performance of any related 6054
duties that may be required by the secretary of state. 6055
Reimbursement of these expenses shall be made in accordance with, 6056
and shall not exceed, the rates provided for under section 126.31 6057
of the Revised Code. 6058

        Neither the secretary of state nor the board, nor any public 6059
officer who participates in the authorization, examination, 6060
testing, or purchase of equipment, shall have any pecuniary 6061
interest in the equipment or any affiliation with the vendor. 6062

       (C)(1) A vendor who desires to have the secretary of state 6063
certify equipment shall first submit the equipment, all current 6064
related procedural manuals, and a current description of all 6065
related support arrangements to the board of voting machine 6066
examiners for examination, testing, and approval. The submission 6067
shall be accompanied by a fee of eighteen hundred dollars and a 6068
detailed explanation of the construction and method of operation 6069
of the equipment, a full statement of its advantages, and a list 6070
of the patents and copyrights used in operations essential to the 6071
processes of vote recording and tabulating, vote storage, system 6072
security, and other crucial operations of the equipment as may be 6073
determined by the board. An additional fee, in an amount to be set 6074
by rules promulgated by the board, may be imposed to pay for the 6075
costs of alternative testing or testing by persons other than 6076
board members, record-keeping, and other extraordinary costs 6077
incurred in the examination process. Moneys not used shall be 6078
returned to the person or entity submitting the equipment for 6079
examination. 6080

       (2) Fees collected by the secretary of state under this 6081
section shall be deposited into the state treasury to the credit 6082
of the board of voting machine examiners fund, which is hereby 6083
created. All moneys credited to this fund shall be used solely for 6084
the purpose of paying for the services and expenses of each member 6085
of the board or for other expenses incurred relating to the 6086
examination, testing, reporting, or certification of voting 6087
machine devices, the performance of any related duties as required 6088
by the secretary of state, or the reimbursement of any person 6089
submitting an examination fee as provided in this chapter. 6090

       (D) Within sixty days after the submission of the equipment 6091
and payment of the fee, or as soon thereafter as is reasonably 6092
practicable, but in any event within not more than ninety days 6093
after the submission and payment, the board of voting machine 6094
examiners shall examine the equipment and file with the secretary 6095
of state a written report on the equipment with its 6096
recommendations and its determination or condition of approval 6097
regarding whether the equipment, manual, and other related 6098
materials or arrangements meet the criteria set forth in sections 6099
3506.07 and 3506.10 of the Revised Code and can be safely used by 6100
the voters at elections under the conditions prescribed in Title 6101
XXXV of the Revised Code, or a written statement of reasons for 6102
which testing requires a longer period. The board may grant 6103
temporary approval for the purpose of allowing experimental use of 6104
equipment. If the board finds that the equipment meets the 6105
criteria set forth in sections 3506.06, 3506.07, and 3506.10 of 6106
the Revised Code, can be used safely and can be depended upon to 6107
record and count accurately and continuously the votes of 6108
electors, and has the capacity to be warranted, maintained, and 6109
serviced, it shall approve the equipment and recommend that the 6110
secretary of state certify the equipment. The secretary of state 6111
shall notify all boards of elections of any such certification. 6112
Equipment of the same model and make, if it provides for recording 6113
of voter intent, system security, voter privacy, retention of 6114
vote, and communication of voting records in an identical manner, 6115
may then be adopted for use at elections. 6116

       (E) The vendor shall notify the secretary of state, who shall 6117
then notify the board of voting machine examiners, of any 6118
enhancement and any significant adjustment to the hardware or 6119
software that could result in a patent or copyright change or that 6120
significantly alters the methods of recording voter intent, system 6121
security, voter privacy, retention of the vote, communication of 6122
voting records, and connections between the system and other 6123
systems. The vendor shall provide the secretary of state with an 6124
updated operations manual for the equipment, and the secretary of 6125
state shall forward the manual to the board. Upon receiving such a 6126
notification and manual, the board may require the vendor to 6127
submit the equipment to an examination and test in order for the 6128
equipment to remain certified. The board or the secretary of state 6129
shall periodically examine, test, and inspect certified equipment 6130
to determine continued compliance with the requirements of this 6131
chapter and the initial certification. Any examination, test, or 6132
inspection conducted for the purpose of continuing certification 6133
of any equipment in which a significant problem has been uncovered 6134
or in which a record of continuing problems exists shall be 6135
performed pursuant to divisions (C) and (D) of this section, in 6136
the same manner as the examination, test, or inspection is 6137
performed for initial approval and certification. 6138

       (F) If, at any time after the certification of equipment, the 6139
board of voting machine examiners or the secretary of state is 6140
notified by a board of elections of any significant problem with 6141
the equipment or determines that the equipment fails to meet the 6142
requirements necessary for approval or continued compliance with 6143
the requirements of this chapter, or if the board of voting 6144
machine examiners determines that there are significant 6145
enhancements or adjustments to the hardware or software, or if 6146
notice of such enhancements or adjustments has not been given as 6147
required by division (E) of this section, the secretary of state 6148
shall notify the users and vendors of that equipment that 6149
certification of the equipment may be withdrawn. 6150

       (G)(1) The notice given by the secretary of state under 6151
division (F) of this section shall be in writing and shall specify 6152
both of the following: 6153

       (a) The reasons why the certification may be withdrawn; 6154

       (b) The date on which certification will be withdrawn unless 6155
the vendor takes satisfactory corrective measures or explains why 6156
there are no problems with the equipment or why the enhancements 6157
or adjustments to the equipment are not significant. 6158

       (2) A vendor who receives a notice under division (F) of this 6159
section shall, within thirty days after receiving it, submit to 6160
the board of voting machine examiners in writing a description of 6161
the corrective measures taken and the date on which they were 6162
taken, or the explanation required under division (G)(1)(b) of 6163
this section. 6164

       (3) Not later than fifteen days after receiving a written 6165
description or explanation under division (G)(2) of this section 6166
from a vendor, the board shall determine whether the corrective 6167
measures taken or the explanation is satisfactory to allow 6168
continued certification of the equipment, and the secretary of 6169
state shall send the vendor a written notice of the board's 6170
determination, specifying the reasons for it. If the board has 6171
determined that the measures taken or the explanation given is 6172
unsatisfactory, the notice shall include the effective date of 6173
withdrawal of the certification. This date may be different from 6174
the date originally specified in division (G)(1)(b) of this 6175
section. 6176

       (4) A vendor who receives a notice under division (G)(3) of 6177
this section indicating a decision to withdraw certification may, 6178
within thirty days after receiving it, request in writing that the 6179
board hold a hearing to reconsider its decision. Any interested 6180
party shall be given the opportunity to submit testimony or 6181
documentation in support of or in opposition to the board's 6182
recommendation to withdraw certification. Failure of the vendor to 6183
take appropriate steps as described in division (G)(1)(b) or to 6184
comply with division (G)(2) of this section results in a waiver of 6185
the vendor's rights under division (G)(4) of this section. 6186

       (H)(1) The secretary of state, in consultation with the board 6187
of voting machine examiners, shall establish, by rule, guidelines 6188
for the approval, certification, and continued certification of 6189
the voting machines, marking devices, and tabulating equipment to 6190
be used under Title XXXV of the Revised Code. The guidelines shall 6191
establish procedures requiring vendors or computer software 6192
developers to place in escrow with an independent escrow agent 6193
approved by the secretary of state a copy of all source code and 6194
related documentation, together with periodic updates as they 6195
become known or available. The secretary of state shall require 6196
that the documentation include a system configuration and that the 6197
source code include all relevant program statements in low- or 6198
high-level languages. As used in this division, "source code" does 6199
not include variable codes created for specific elections. 6200

       (2) Nothing in any rule adopted under division (H) of this 6201
section shall be construed to limit the ability of the secretary 6202
of state to follow or adopt, or to preclude the secretary of state 6203
from following or adopting, any guidelines proposed by the federal 6204
election commission, any entity authorized by the federal election 6205
commission to propose guidelines, the election assistance 6206
commission, or any entity authorized by the election assistance 6207
commission to propose guidelines. 6208

       (3)(a) Before the initial certification of any direct 6209
recording electronic voting machine with a voter verified paper 6210
audit trail, and as a condition for the continued certification 6211
and use of those machines, the secretary of state shall establish, 6212
by rule, standards for the certification of those machines. Those 6213
standards shall include, but are not limited to, all of the 6214
following: 6215

       (i) A definition of a voter verified paper audit trail as a 6216
paper record of the voter's choices that is verified by the voter 6217
prior to the casting of the voter's ballot and that is securely 6218
retained by the board of elections; 6219

       (ii) Requirements that the voter verified paper audit trail 6220
shall not be retained by any voter and shall not contain 6221
individual voter information; 6222

       (iii) A prohibition against the production by any direct 6223
recording electronic voting machine of anything that legally could 6224
be removed by the voter from the polling place, such as a receipt 6225
or voter confirmation; 6226

       (iv) A requirement that paper used in producing a voter 6227
verified paper audit trail be sturdy, clean, and resistant to 6228
degradation.; 6229

       (v) A requirement that the voter verified paper audit trail 6230
shall be capable of being optically scanned for the purpose of 6231
conducting a recount or other audit of the voting machine and 6232
shall be readable in a manner that makes the voter's ballot 6233
choices obvious to the voter without the use of computer or 6234
electronic codes; 6235

       (vi) A requirement, for office-type ballots, that the voter 6236
verified paper audit trail include the name of each candidate 6237
selected by the voter; 6238

        (vii) A requirement, for questions and issues ballots, that 6239
the voter verified paper audit trail include the title of the 6240
question or issue, the name of the entity that placed the question 6241
or issue on the ballot, and the voter's ballot selection on that 6242
question or issue, but not the entire text of the question or 6243
issue. 6244

        (b) The secretary of state, by rule adopted under Chapter 6245
119. of the Revised Code, may waive the requirement under division 6246
(H)(3)(a)(v) of this section, if the secretary of state determines 6247
that the requirement is cost prohibitive. 6248

       Sec. 3506.12. In counties where marking devices, automatic 6249
tabulating equipment, voting machines, or any combination of these 6250
are in use or are to be used, the board of elections: 6251

       (A) May combine, rearrange, and enlarge precincts; but the 6252
board shall arrange for a sufficient number of these devices to 6253
accommodate the number of electors in each precinct as determined 6254
by the number of votes cast in that precinct at the most recent 6255
election for the office of governor, taking into consideration the 6256
size and location of each selected polling place, available 6257
parking, handicap accessibility and other accessibility to the 6258
polling place, and the number of candidates and issues to be voted 6259
on. Notwithstanding section 3501.22 of the Revised Code, the board 6260
may appoint more than four precinct officers to each precinct if 6261
this is made necessary by the number of voting machines to be used 6262
in that precinct. 6263

       (B) Except as otherwise provided in this division, shall 6264
establish one or more counting stations to receive voted ballots 6265
and other precinct election supplies after the polling precincts 6266
are closed. Those stations shall be under the supervision and 6267
direction of the board of elections. Processing and counting of 6268
voted ballots, and the preparation of summary sheets, shall be 6269
done in the presence of ~~witnesses~~observers approved by the board. 6270
A certified copy of the summary sheet for the precinct shall be 6271
posted at each counting station immediately after completion of 6272
the summary sheet. 6273

       In counties where punch card ballots are used, one or more 6274
counting stations, located at the board of elections, shall be 6275
established, at which location all punch card ballots shall be 6276
counted. 6277

       As used in this division, "punch card ballot" has the same 6278
meaning as in section 3506.16 of the Revised Code. 6279

       Sec. 3506.13. In precincts where marking devices, automatic 6280
tabulating equipment, voting machines, or any combination of these 6281
are used, ~~challengers and witnesses~~observers may be appointed as 6282
prescribed in section 3505.21 of the Revised Code. The duties and 6283
privileges of ~~challengers~~observers in such precincts during the 6284
hours the polls are open, shall be as provided in section 3505.21 6285
of the Revised Code. 6286

       ~~Challengers~~Observers shall be allowed to remain in the 6287
polling place after the polls close and may observe the processing 6288
of the ballots and the sealing and signing of the envelopes or 6289
containers or both containing the voted ballots. 6290

       ~~Witnesses shall not be allowed in the polling place, but~~ 6291
~~shall file their certificates of appointment at the proper~~ 6292
~~counting station after the polls close, and may observe all~~ 6293
~~functions there.~~ 6294

       Sec. 3506.18. (A) For any recount of an election in which 6295
ballots are cast using a direct recording electronic voting 6296
machine with a voter verified paper audit trail, the voter 6297
verified paper audit trail shall serve as the official ballot to 6298
be recounted. 6299

       (B) Voter verified paper audit trails shall be preserved in 6300
the same manner and for the same time period as paper ballots are 6301
preserved under section 3505.31 of the Revised Code. 6302

       (C) A voter verified paper audit trail shall be treated as 6303
are other ballots for purposes of section 149.43 of the Revised 6304
Code and shall be retained in accordance with the county records 6305
retention schedule established under section 149.38 of the Revised 6306
Code after the relevant time period prescribed for its 6307
preservation in section 3505.31 of the Revised Code, or as ordered 6308
by the secretary of state or a court of competent jurisdiction. 6309

       (D) If a voter verified paper audit trail is made available 6310
to the public, any information on that voter verified paper audit 6311
trail that identifies the particular direct recording electronic 6312
voting machine that produced it shall be redacted. 6313

       Sec. 3506.20. (A) As used in this section, "ballots on 6314
demand voting system" means a system that utilizes ballots printed 6315
as needed by election officials at the board of elections for 6316
distribution to electors, either in person or by mail. 6317

       (B) No board of elections shall use a ballots on demand 6318
voting system unless each ballot printed by the system includes a 6319
tracking number. 6320

       Sec. 3506.21. (A) As used in this section, "optical scan 6321
ballot" means a ballot that is marked by using a specified writing 6322
instrument to fill in a designated position to record a voter's 6323
candidate, question, or issue choice and that can be scanned and 6324
electronically read in order to tabulate the vote. 6325

       (B)(1) In addition to marks that can be scanned and 6326
electronically read by automatic tabulating equipment, any of the 6327
following marks, if a majority of those marks are made in a 6328
consistent manner throughout an optical scan ballot, shall be 6329
counted as a valid vote: 6330

       (a) A candidate, question, or issue choice that has been 6331
circled by the voter; 6332

       (b) An oval beside the candidate, question, or issue choice 6333
that has been circled by the voter; 6334

       (c) An oval beside the candidate, question, or issue choice 6335
that has been marked by the voter with an "x," a check mark, or 6336
other recognizable mark; 6337

       (d) A candidate, question, or issue choice that has been 6338
marked with a writing instrument that cannot be recognized by 6339
automatic tabulating equipment. 6340

       (2) Marks made on an optical scan ballot in accordance with 6341
division (B)(1) of this section shall be counted as valid votes 6342
only if that optical scan ballot contains no marks that can be 6343
scanned and electronically read by automatic tabulating equipment. 6344

       (C) The secretary of state may adopt rules under Chapter 119. 6345
of the Revised Code to authorize additional types of optical scan 6346
ballots and to specify the types of marks on those ballots that 6347
shall be counted as a valid vote to ensure consistency in the 6348
counting of ballots throughout the state. 6349

       Sec. 3506.22. (A) Beginning in the year 2013 and thereafter, 6350
a county that selects direct recording electronic voting machines 6351
as the primary voting system to be used in the county and not only 6352
for accessibility for individuals with disabilities as required 6353
under the Help America Vote Act of 2002 and section 3506.19 of the 6354
Revised Code shall acquire, if needed, sufficient direct recording 6355
electronic voting machines to meet the minimum number of direct 6356
recording electronic voting machines required to be established by 6357
the secretary of state under division (B) of this section. 6358

        (B) Beginning in the year 2013 and every eight years 6359
thereafter, the secretary of state shall establish, for each 6360
county, a minimum number of direct recording electronic voting 6361
machines that the county shall be required to have if it elects to 6362
use direct recording electronic voting machines as the primary 6363
voting system in the county. The minimum number for each county 6364
shall be calculated as follows: 6365

        (1) The total number of registered voters in the county as of 6366
the October deadline for voter registration for the last 6367
presidential election or the average of the total number of 6368
registered voters in the county as of the October deadline for 6369
voter registration for the last two presidential elections, 6370
whichever number is higher, shall be determined. 6371

        (2) The number resulting from the determination under 6372
division (B)(1) of this section shall be divided by one hundred 6373
seventy-five. 6374

        (3) Any fraction resulting from the calculation under 6375
division (B)(2) of this section shall be rounded up to the next 6376
whole number. 6377

       (C) A county that selects direct recording electronic voting 6378
machines as the primary voting system to be used in the county and 6379
not only for accessibility for individuals with disabilities as 6380
required under the Help America Vote Act of 2002 and section 6381
3506.19 of the Revised Code after the effective date of this 6382
section but before the year 2013 shall do so in accordance with 6383
Section 514.03 of Am. Sub. H.B. 66 of the 126th general assembly. 6384

       Sec. 3506.23. A voting machine shall not be connected to the 6385
internet. 6386

       Sec. 3509.02. (A) Any qualified elector may vote by absent 6387
voter's ballots at an election. 6388

       (B) Any qualified elector who is unable to appear at the 6389
office of the board of elections ~~or other location designated by~~ 6390
~~the board~~or, if pursuant to division (C) of section 3501.10 of 6391
the Revised Code the board has designated another location in the 6392
county at which registered electors may vote, at that other 6393
location on account of personal illness, physical disability, or 6394
infirmity, and who moves from one precinct to another within a 6395
county, changes the elector's name and moves from one precinct to 6396
another within a county, or moves from one county to another 6397
county within the state, on or prior to the day of a general, 6398
primary, or special election and has not filed a notice of change 6399
of residence or change of name may vote by absent voter's ballots 6400
in that election as specified in division (G) of section 3503.16 6401
of the Revised Code. 6402

       Sec. 3509.06. (A) The board of elections shall determine 6403
whether absent voter's ballots shall be counted in each precinct, 6404
at the office of the board, or at some other location designated 6405
by the board, and shall proceed accordingly under division (B) or 6406
(C) of this section. 6407

       (B) When the board of elections determines that absent 6408
voter's ballots shall be counted in each precinct, the director 6409
shall deliver to the presiding judge of each precinct on election 6410
day identification envelopes purporting to contain absent voter's 6411
ballots of electors whose voting residence appears from the 6412
statement of voter on the outside of each of those envelopes, to 6413
be located in such presiding judge's precinct, and which were 6414
received by the director not later than the close of the polls on 6415
election day. The director shall deliver to such presiding judge a 6416
list containing the name and voting residence of each person whose 6417
voting residence is in such precinct to whom absent voter's 6418
ballots were mailed. 6419

       (C) When the board of elections determines that absent 6420
voter's ballots shall be counted at the office of the board of 6421
elections or at another location designated by the board, special 6422
election judges shall be appointed by the board for that purpose 6423
having the same authority as is exercised by precinct judges. The 6424
votes so cast shall be added to the vote totals by the board, and 6425
the absent voter's ballots shall be preserved separately by the 6426
board, in the same manner and for the same length of time as 6427
provided by section 3505.31 of the Revised Code. 6428

       (D) Each of the identification envelopes purporting to 6429
contain absent voter's ballots delivered to the presiding judge of 6430
the precinct or the special judge appointed by the board of 6431
elections shall be handled as follows: The election officials 6432
shall compare the signature of the elector on the outside of the 6433
identification envelope with the signature of that elector on the 6434
elector's registration form and verify that the absent voter's 6435
ballot is eligible to be counted under section 3509.07 of the 6436
Revised Code. Any of the precinct officials may challenge the 6437
right of the elector named on the identification envelope to vote 6438
the absent voter's ballots upon the ground that the signature on 6439
the envelope is not the same as the signature on the registration 6440
form, or upon any other of the grounds upon which the right of 6441
persons to vote may be lawfully challenged. If no such challenge 6442
is made, or if such a challenge is made and not sustained, the 6443
presiding judge shall open the envelope without defacing the 6444
statement of voter and without mutilating the ballots in it, and 6445
shall remove the ballots contained in it and proceed to count 6446
them. 6447

       The name of each person voting who is entitled to vote only 6448
an absent voter's presidential ballot shall be entered in a 6449
pollbook or poll list or signature pollbook followed by the words 6450
"Absentee Presidential Ballot." The name of each person voting an 6451
absent voter's ballot, other than such persons entitled to vote 6452
only a presidential ballot, shall be entered in the pollbook or 6453
poll list or signature pollbook and the person's registration card 6454
marked to indicate that the person has voted. 6455

       The date of such election shall also be entered on the 6456
elector's registration form. If any such challenge is made and 6457
sustained, the identification envelope of such elector shall not 6458
be opened, shall be endorsed "Not Counted" with the reasons the 6459
ballots were not counted, and shall be delivered to the board. 6460

       (E) Special election judges or, employees or members of the 6461
board of elections, or observers shall not disclose the count or 6462
any portion of the count of absent voter's ballots prior to the 6463
time of the closing of the polling places. No person shall 6464
recklessly disclose the count or any portion of the count of 6465
absent voter's ballots in such a manner as to jeopardize the 6466
secrecy of any individual ballot. 6467

       (F) Observers may be appointed under section 3505.21 of the 6468
Revised Code to witness the examination and opening of 6469
identification envelopes and the counting of absent voters' 6470
ballots under this section. 6471

       Sec. 3509.08. (A) Any qualified elector, who, on account of 6472
the elector's own personal illness, physical disability, or 6473
infirmity, or on account of the elector's confinement in a jail or 6474
workhouse under sentence for a misdemeanor or awaiting trial on a 6475
felony or misdemeanor, will be unable to travel from the elector's 6476
home or place of confinement to the voting booth in the elector's 6477
precinct on the day of any general, special, or primary election 6478
may make application in writing for an absent voter's ballot to 6479
the director of the board of elections of the elector's county. 6480
The application shall include all of the information required 6481
under section 3509.03 of the Revised Code and shall state the 6482
nature of the elector's illness, physical disability, or 6483
infirmity, or the fact that the elector is confined in a jail or 6484
workhouse and the elector's resultant inability to travel to the 6485
election booth in the elector's precinct on election day. The 6486
application shall not be valid if it is delivered to the director 6487
before the ninetieth day or after twelve noon of the third day 6488
before the day of the election at which the ballot is to be voted. 6489

       The absent voter's ballot may be mailed directly to the 6490
applicant at the applicant's voting residence or place of 6491
confinement as stated in the applicant's application, or the board 6492
may designate two board employees belonging to the two major 6493
political parties for the purpose of delivering the ballot to the 6494
disabled or confined elector and returning it to the board, unless 6495
the applicant is confined to a public or private institution 6496
within the county, in which case the board shall designate two 6497
~~such~~board employees belonging to the two major political parties 6498
for the purpose of delivering the ballot to the disabled or 6499
confined elector and returning it to the board. In all other 6500
instances, the ballot shall be returned to the office of the board 6501
in the manner prescribed in section 3509.05 of the Revised Code. 6502

       Any disabled or confined elector who declares to the two 6503
board employees belonging to the two major political parties that 6504
the elector is unable to mark the elector's ballot by reason of 6505
physical infirmity that is apparent to the employees to be 6506
sufficient to incapacitate the voter from marking the elector's 6507
ballot properly, may receive, upon request, the assistance of the 6508
~~two~~ employees in marking the elector's ballot, and they shall 6509
thereafter give no information in regard to this matter. Such 6510
assistance shall not be rendered for any other cause. 6511

       When two board employees belonging to the two major political 6512
parties deliver a ballot to a disabled or confined elector, each 6513
of the employees shall be present when the ballot is delivered, 6514
when assistance is given, and when the ballot is returned to the 6515
office of the board, and shall subscribe to the declaration on the 6516
identification envelope. 6517

       The secretary of state shall prescribe the form of 6518
application for absent voter's ballots under this division. 6519

        This chapter applies to disabled and confined absent voter's 6520
ballots except as otherwise provided in this section. 6521

       (B)(1) Any qualified elector who is unable to travel to the 6522
voting booth in the elector's precinct on the day of any general, 6523
special, or primary election because of being confined in a 6524
hospital as a result of an accident or unforeseeable medical 6525
emergency occurring before the election, may apply to the director 6526
of the board of elections of the county where the elector is a 6527
qualified elector to vote in the election by absent voter's 6528
ballot. This application shall be made in writing, shall include 6529
all of the information required under section 3509.03 of the 6530
Revised Code, and shall be delivered to the director not later 6531
than three p.m. on the day of the election. The application shall 6532
indicate the hospital where the applicant is confined, the date of 6533
the applicant's admission to the hospital, and the offices for 6534
which the applicant is qualified to vote. The applicant may also 6535
request that a member of the applicant's family, as listed in 6536
section 3509.05 of the Revised Code, deliver the absent voter's 6537
ballot to the applicant. The director, after establishing to the 6538
director's satisfaction the validity of the circumstances claimed 6539
by the applicant, shall supply an absent voter's ballot to be 6540
delivered to the applicant. When the applicant is in a hospital in 6541
the county where the applicant is a qualified elector and no 6542
request is made for a member of the family to deliver the ballot, 6543
the director shall arrange for the delivery of an absent voter's 6544
ballot to the applicant, and for its return to the office of the 6545
board, by two board employees belonging to the two major political 6546
parties according to the procedures prescribed in division (A) of 6547
this section. When the applicant is in a hospital outside the 6548
county where the applicant is a qualified elector and no request 6549
is made for a member of the family to deliver the ballot, the 6550
director shall arrange for the delivery of an absent voter's 6551
ballot to the applicant by mail, and the ballot shall be returned 6552
to the office of the board in the manner prescribed in section 6553
3509.05 of the Revised Code. 6554

       (2) Any qualified elector who is eligible to vote under 6555
division (B) or (C) of section 3503.16 of the Revised Code but is 6556
unable to do so because of the circumstances described in division 6557
(B)(1) of this section may vote in accordance with division (B)(1) 6558
of this section if that qualified elector states in the 6559
application for absent voter's ballots that that qualified elector 6560
moved or had a change of name under the circumstances described in 6561
division (B) or (C) of section 3503.16 of the Revised Code and if 6562
that qualified elector complies with divisions (G)(1) to (4) of 6563
section 3503.16 of the Revised Code. 6564

       (C) Any qualified elector described in division (A) or (B)(1) 6565
of this section who needs no assistance to vote or to return 6566
absent voter's ballots to the board of elections may apply for 6567
absent voter's ballots under section 3509.03 of the Revised Code 6568
instead of applying for them under this section. 6569

       Sec. 3509.09. (A) The poll list or signature pollbook for 6570
each precinct shall identify each registered elector in that 6571
precinct who has requested an absent voter's ballot for that 6572
election. 6573

        (B)(1) If a registered elector appears to vote in that 6574
precinct and that elector has requested an absent voter's ballot 6575
for that election but the director has not received a sealed 6576
identification envelope purporting to contain that elector's voted 6577
absent voter's ballots for that election, the elector shall be 6578
permitted to cast a provisional ballot~~, generally in the manner~~ 6579
~~prescribed in division (B) of~~under section ~~3503.16~~3505.181 of 6580
the Revised Code, in that precinct on the day of that election. 6581

        (2) If a registered elector appears to vote in that precinct 6582
and that elector has requested an absent voter's ballot for that 6583
election and the director has received a sealed identification 6584
envelope purporting to contain that elector's voted absent voter's 6585
ballots for that election, the elector shall be permitted to cast 6586
a provisional ballot~~, generally in the manner prescribed in~~ 6587
~~division (B) of~~under section ~~3503.16~~3505.181 of the Revised 6588
Code, in that precinct on the day of that election. 6589

        (C)(1) In counting absent voter's ballots under section 6590
3509.06 of the Revised Code, the board of elections or the 6591
precinct election officials shall compare the poll list or the 6592
signature pollbook for each precinct with the name of each elector 6593
in that precinct from whom the director has received a sealed 6594
identification envelope purporting to contain that elector's voted 6595
absent voter's ballots for that election. Except as otherwise 6596
provided in division (C)(2) of this section, if the board of 6597
elections determines that an elector who cast a provisional 6598
ballot~~, generally in the manner prescribed in division (B) of~~ 6599
~~section 3503.16 of the Revised Code,~~ in the precinct on the day of 6600
the election also returned a sealed identification envelope for 6601
that election, the absent voter's ballot in the sealed 6602
identification envelope shall be counted, and the provisional 6603
ballot cast in the precinct on the day of the election shall not 6604
be counted. 6605

       (2) The board of elections shall count the provisional ballot 6606
~~cast in the precinct on the day of the election~~, instead of the 6607
absent voter's ballot ~~in the returned sealed identification~~ 6608
~~envelope of an elector~~, if both of the following apply: 6609

        (a) The board of elections determines that the signature of 6610
the elector on the outside of the identification envelope in which 6611
the absent voter's ballots are enclosed does not match the 6612
signature of the elector on the elector's registration form; 6613

        (b) The elector cast a provisional ballot~~, generally in the~~ 6614
~~manner prescribed in division (B) of section 3503.16 of the~~ 6615
~~Revised Code,~~ in the precinct on the day of the election. 6616

        If the board of elections counts ~~the~~a provisional ballot 6617
~~cast in the precinct on the day of the election~~ under this 6618
division, the identification envelope of that elector shall not be 6619
opened, and the ballot within that envelope shall not be counted. 6620
The identification envelope shall be endorsed "Not Counted" with 6621
the reason the ballot was not counted. 6622

       Sec. 3511.13. (A) The poll list or signature pollbook for 6623
each precinct shall identify each registered elector in that 6624
precinct who has requested an armed ~~services~~service absent 6625
voter's ballot for that election;. 6626

        (B)(1) If a registered elector appears to vote in that 6627
precinct and that elector has requested an armed service absent 6628
voter's ballot for that election but the director has not received 6629
a sealed identification envelope purporting to contain that 6630
elector's voted armed service absent voter's ballots for that 6631
election, the elector shall be permitted to cast a provisional 6632
ballot~~, generally in the manner prescribed in division (B) of~~ 6633
under section ~~3503.16~~3505.181 of the Revised Code, in that 6634
precinct on the day of that election. 6635

        (2) If a registered elector appears to vote in that precinct 6636
and that elector has requested an armed service absent voter's 6637
ballot for that election and the director has received a sealed 6638
identification envelope purporting to contain that elector's voted 6639
armed service absent voter's ballots for that election, the 6640
elector shall be permitted to cast a provisional ballot~~, generally~~ 6641
~~in the manner prescribed in division (B) of~~under section ~~3503.16~~ 6642
3505.181 of the Revised Code, in that precinct on the day of that 6643
election. 6644

        (C)(1) In counting armed service absent voter's ballots under 6645
section 3511.11 of the Revised Code, the board of elections or the 6646
precinct election officials shall compare the poll list or the 6647
signature pollbook for each precinct with the name of each elector 6648
in that precinct from whom the director has received a sealed 6649
identification envelope purporting to contain that elector's voted 6650
armed service absent voter's ballots for that election. Except as 6651
otherwise provided in division (C)(2) of this section, if the 6652
board of elections determines that an elector who cast a 6653
provisional ballot~~, generally in the manner prescribed in division~~ 6654
~~(B) of section 3503.16 of the Revised Code,~~ in the precinct on the 6655
day of the election also returned a sealed identification envelope 6656
for that election, the armed service absent voter's ballot in the 6657
sealed identification envelope shall be counted, and the 6658
provisional ballot cast in the precinct on the day of the election 6659
shall not be counted. 6660

       (2) The board of elections shall count the provisional ballot 6661
~~cast in the precinct on the day of the election~~, instead of the 6662
armed service absent voter's ballot, of an elector from whom the 6663
director has received an identification envelope purporting to 6664
contain that elector's voted armed service absent voter's ballots, 6665
if both of the following apply: 6666

        (a) The board of elections determines that the signature of 6667
the elector on the outside of the identification envelope in which 6668
the armed service absent voter's ballots are enclosed does not 6669
match the signature of the elector on the elector's registration 6670
form; 6671

        (b) The elector cast a provisional ballot~~, generally in the~~ 6672
~~manner prescribed in division (B) of section 3503.16 of the~~ 6673
~~Revised Code,~~ in the precinct on the day of the election. 6674

        If the board of elections counts ~~the~~a provisional ballot 6675
~~cast in the precinct on the day of the election~~ under this 6676
division, the identification envelope of that elector shall not be 6677
opened, and the ballot within that envelope shall not be counted. 6678
The identification envelope shall be endorsed "Not Counted" with 6679
the reason the ballot was not counted. 6680

       Sec. 3513.04. Candidates for party nominations to state, 6681
district, county, and municipal offices or positions, for which 6682
party nominations are provided by law, and for election as members 6683
of party controlling committees shall have their names printed on 6684
the official primary ballot by filing a declaration of candidacy 6685
and paying the fees specified for the office under divisions (A) 6686
and (B) of section 3513.10 of the Revised Code, except that the 6687
joint candidates for party nomination to the offices of governor 6688
and lieutenant governor shall, for the two of them, file one 6689
declaration of candidacy. The joint candidates also shall pay the 6690
fees specified for the joint candidates under divisions (A) and 6691
(B) of section 3513.10 of the Revised Code. 6692

       The secretary of state shall not accept for filing the 6693
declaration of candidacy of a candidate for party nomination to 6694
the office of governor unless the declaration of candidacy also 6695
shows a joint candidate for the same party's nomination to the 6696
office of lieutenant governor, shall not accept for filing the 6697
declaration of candidacy of a candidate for party nomination to 6698
the office of lieutenant governor unless the declaration of 6699
candidacy also shows a joint candidate for the same party's 6700
nomination to the office of governor, and shall not accept for 6701
filing a declaration of candidacy that shows a candidate for party 6702
nomination to the office of governor or lieutenant governor who, 6703
for the same election, has already filed a declaration of 6704
candidacy or a declaration of intent to be a write-in candidate, 6705
or has become a candidate by the filling of a vacancy under 6706
section 3513.30 of the Revised Code for any other state office or 6707
any ~~federal or~~federal or county office. 6708

       No person who seeks party nomination for an office or 6709
position at a primary election by declaration of candidacy or by 6710
declaration of intent to be a write-in candidate and no person who 6711
is a first choice for president of candidates seeking election as 6712
delegates and alternates to the national conventions of the 6713
different major political parties who are chosen by direct vote of 6714
the electors as provided in this chapter shall be permitted to 6715
become a candidate by nominating petition or by declaration of 6716
intent to be a write-in candidate at the following general 6717
election for any office other than the office of member of the 6718
state board of education, office of member of a city, local, or 6719
exempted village board of education, office of member of a 6720
governing board of an educational service center, or office of 6721
township trustee. 6722

       Sec. 3513.041. A write-in space shall be provided on the 6723
ballot for every office, except in an election for which the board 6724
of elections has received no valid declarations of intent to be a 6725
write-in candidate under this section. Write-in votes shall not be 6726
counted for any candidate who has not filed a declaration of 6727
intent to be a write-in candidate pursuant to this section. A 6728
qualified person who has filed a declaration of intent may receive 6729
write-in votes at either a primary or general election. Any 6730
candidate shall file a declaration of intent to be a write-in 6731
candidate before four p.m. of the ~~fiftieth~~sixty-second day 6732
preceding the election at which such candidacy is to be 6733
considered. If the election is to be determined by electors of a 6734
county or a district or subdivision within the county, such 6735
declaration shall be filed with the board of elections of that 6736
county. If the election is to be determined by electors of a 6737
subdivision located in more than one county, such declaration 6738
shall be filed with the board of elections of the county in which 6739
the major portion of the population of such subdivision is 6740
located. If the election is to be determined by electors of a 6741
district comprised of more than one county but less than all of 6742
the counties of the state, such declaration shall be filed with 6743
the board of elections of the most populous county in such 6744
district. Any candidate for an office to be voted upon by electors 6745
throughout the entire state shall file a declaration of intent to 6746
be a write-in candidate with the secretary of state before four 6747
p.m. of the ~~fiftieth~~sixty-second day preceding the election at 6748
which such candidacy is to be considered. In addition, candidates 6749
for president and vice-president of the United States shall also 6750
file with the secretary of state by ~~said fiftieth~~that 6751
sixty-second day a slate of presidential electors sufficient in 6752
number to satisfy the requirements of the United States 6753
constitution. 6754

       A board of elections shall not accept for filing the 6755
declaration of intent to be a write-in candidate of a person 6756
seeking to become a candidate if that person, for the same 6757
election, has already filed a declaration of candidacy, a 6758
declaration of intent to be a write-in candidate, or a nominating 6759
petition, or has become a candidate through party nomination at a 6760
primary election or by the filling of a vacancy under section 6761
3513.30 or 3513.31 of the Revised Code, for any ~~federal,~~federal, 6762
state,, or county office, if the declaration of intent to be a 6763
write-in candidate is for a state or county office, or for any 6764
municipal or township office, for member of a city, local, or 6765
exempted village board of education, or for member of a governing 6766
board of an educational service center, if the declaration of 6767
intent to be a write-in candidate is for a municipal or township 6768
office, or for member of a city, local, or exempted village board 6769
of education, or for member of a governing board of an educational 6770
service center. 6771

       No person shall file a declaration of intent to be a write-in 6772
candidate for the office of governor unless the declaration also 6773
shows the intent of another person to be a write-in candidate for 6774
the office of lieutenant governor. No person shall file a 6775
declaration of intent to be a write-in candidate for the office of 6776
lieutenant governor unless the declaration also shows the intent 6777
of another person to be a write-in candidate for the office of 6778
governor. No person shall file a declaration of intent to be a 6779
write-in candidate for the office of governor or lieutenant 6780
governor if the person has previously filed a declaration of 6781
intent to be a write-in candidate to the office of governor or 6782
lieutenant governor at the same primary or general election. A 6783
write-in vote for the two candidates who file such a declaration 6784
shall be counted as a vote for them as joint candidates for the 6785
offices of governor and lieutenant governor. 6786

       The secretary of state shall not accept for filing the 6787
declaration of intent to be a write-in candidate of a person for 6788
the office of governor unless the declaration also shows the 6789
intent of another person to be a write-in candidate for the office 6790
of lieutenant governor, shall not accept for filing the 6791
declaration of intent to be a write-in candidate of a person for 6792
the office of lieutenant governor unless the declaration also 6793
shows the intent of another person to be a write-in candidate for 6794
the office of governor, and shall not accept for filing the 6795
declaration of intent to be a write-in candidate of a person to 6796
the office of governor or lieutenant governor if that person, for 6797
the same election, has already filed a declaration of candidacy, a 6798
declaration of intent to be a write-in candidate, or a nominating 6799
petition, or has become a candidate through party nomination at a 6800
primary election or by the filling of a vacancy under section 6801
3513.30 or 3513.31 of the Revised Code, for any other state office 6802
or any ~~federal or~~federal or county office. 6803

       Protests against the candidacy of any person filing a 6804
declaration of intent to be a write-in candidate may be filed by 6805
any qualified elector who is eligible to vote in the election at 6806
which the candidacy is to be considered. The protest shall be in 6807
writing and shall be filed not later than four p.m. of the 6808
~~forty-fifth~~fifty-seventh day before the day of the election. The 6809
protest shall be filed with the board of elections with which the 6810
declaration of intent to be a write-in candidate was filed. Upon 6811
the filing of the protest, the board with which it is filed shall 6812
promptly fix the time for hearing it and shall proceed in regard 6813
to the hearing in the same manner as for hearings set for protests 6814
filed under section 3513.05 of the Revised Code. At the time 6815
fixed, the board shall hear the protest and determine the validity 6816
or invalidity of the declaration of intent to be a write-in 6817
candidate. If the board finds that the candidate is not an elector 6818
of the state, district, county, or political subdivision in which 6819
the candidate seeks election to office or has not fully complied 6820
with the requirements of Title XXXV of the Revised Code in regard 6821
to the candidate's candidacy, the candidate's declaration of 6822
intent to be a write-in candidate shall be determined to be 6823
invalid and shall be rejected; otherwise, it shall be determined 6824
to be valid. The determination of the board is final. 6825

       The secretary of state shall prescribe the form of the 6826
declaration of intent to be a write-in candidate. 6827

       Sec. 3513.05. Each person desiring to become a candidate for 6828
a party nomination or for election to an office or position to be 6829
voted for at a primary election, except persons desiring to become 6830
joint candidates for the offices of governor and lieutenant 6831
governor and except as otherwise provided in section 3513.051 of 6832
the Revised Code, shall, not later than four p.m. of the 6833
seventy-fifth day before the day of the primary election, or if 6834
the primary election is a presidential primary election, not later 6835
than four p.m. of the sixtieth day before the day of the 6836
presidential primary election, file a declaration of candidacy and 6837
petition and pay the fees required under divisions (A) and (B) of 6838
section 3513.10 of the Revised Code. The declaration of candidacy 6839
and all separate petition papers shall be filed at the same time 6840
as one instrument. When the offices are to be voted for at a 6841
primary election, persons desiring to become joint candidates for 6842
the offices of governor and lieutenant governor shall, not later 6843
than four p.m. of the seventy-fifth day before the day of the 6844
primary election, comply with section 3513.04 of the Revised Code. 6845
The prospective joint candidates' declaration of candidacy and all 6846
separate petition papers of candidacies shall be filed at the same 6847
time as one instrument. The secretary of state or a board of 6848
elections shall not accept for filing a declaration of candidacy 6849
and petition of a person seeking to become a candidate if that 6850
person, for the same election, has already filed a declaration of 6851
candidacy or a declaration of intent to be a write-in candidate, 6852
or has become a candidate by the filling of a vacancy under 6853
section 3513.30 of the Revised Code for any ~~federal,~~federal, 6854
state,, or county office, if the declaration of candidacy is for a 6855
state or county office, or for any municipal or township office, 6856
if the declaration of candidacy is for a municipal or township 6857
office. 6858

       If the declaration of candidacy declares a candidacy which is 6859
to be submitted to electors throughout the entire state, the 6860
petition, including a petition for joint candidates for the 6861
offices of governor and lieutenant governor, shall be signed by at 6862
least one thousand qualified electors who are members of the same 6863
political party as the candidate or joint candidates, and the 6864
declaration of candidacy and petition shall be filed with the 6865
secretary of state; provided that the secretary of state shall not 6866
accept or file any such petition appearing on its face to contain 6867
signatures of more than three thousand electors. 6868

       Except as otherwise provided in this paragraph, if the 6869
declaration of candidacy is of one that is to be submitted only to 6870
electors within a district, political subdivision, or portion 6871
thereof, the petition shall be signed by not less than fifty 6872
qualified electors who are members of the same political party as 6873
the political party of which the candidate is a member. If the 6874
declaration of candidacy is for party nomination as a candidate 6875
for member of the legislative authority of a municipal corporation 6876
elected by ward, the petition shall be signed by not less than 6877
twenty-five qualified electors who are members of the political 6878
party of which the candidate is a member. 6879

       No such petition, except the petition for a candidacy that is 6880
to be submitted to electors throughout the entire state, shall be 6881
accepted for filing if it appears to contain on its face 6882
signatures of more than three times the minimum number of 6883
signatures. When a petition of a candidate has been accepted for 6884
filing by a board of elections, the petition shall not be deemed 6885
invalid if, upon verification of signatures contained in the 6886
petition, the board of elections finds the number of signatures 6887
accepted exceeds three times the minimum number of signatures 6888
required. A board of elections may discontinue verifying 6889
signatures on petitions when the number of verified signatures 6890
equals the minimum required number of qualified signatures. 6891

       If the declaration of candidacy declares a candidacy for 6892
party nomination or for election as a candidate of an intermediate 6893
or minor party, the minimum number of signatures on such petition 6894
is one-half the minimum number provided in this section, except 6895
that, when the candidacy is one for election as a member of the 6896
state central committee or the county central committee of a 6897
political party, the minimum number shall be the same for an 6898
intermediate or minor party as for a major party. 6899

       If a declaration of candidacy is one for election as a member 6900
of the state central committee or the county central committee of 6901
a political party, the petition shall be signed by five qualified 6902
electors of the district, county, ward, township, or precinct 6903
within which electors may vote for such candidate. The electors 6904
signing such petition shall be members of the same political party 6905
as the political party of which the candidate is a member. 6906

       For purposes of signing or circulating a petition of 6907
candidacy for party nomination or election, an elector is 6908
considered to be a member of a political party if the elector 6909
voted in that party's primary election within the preceding two 6910
calendar years, or if the elector did not vote in any other 6911
party's primary election within the preceding two calendar years. 6912

       If the declaration of candidacy is of one that is to be 6913
submitted only to electors within a county, or within a district 6914
or subdivision or part thereof smaller than a county, the petition 6915
shall be filed with the board of elections of the county. If the 6916
declaration of candidacy is of one that is to be submitted only to 6917
electors of a district or subdivision or part thereof that is 6918
situated in more than one county, the petition shall be filed with 6919
the board of elections of the county within which the major 6920
portion of the population thereof, as ascertained by the next 6921
preceding federal census, is located. 6922

       A petition shall consist of separate petition papers, each of 6923
which shall contain signatures of electors of only one county. 6924
Petitions or separate petition papers containing signatures of 6925
electors of more than one county shall not thereby be declared 6926
invalid. In case petitions or separate petition papers containing 6927
signatures of electors of more than one county are filed, the 6928
board shall determine the county from which the majority of 6929
signatures came, and only signatures from such county shall be 6930
counted. Signatures from any other county shall be invalid. 6931

       Each separate petition paper shall be circulated by one 6932
person only, who shall be the candidate or a joint candidate or a 6933
member of the same political party as the ~~candidate or joint~~ 6934
candidate or joint candidates, and each separate petition paper 6935
shall be governed by the rules set forth in section 3501.38 of the 6936
Revised Code. 6937

       The secretary of state shall promptly transmit to each board 6938
such separate petition papers of each petition accompanying a 6939
declaration of candidacy filed with the secretary of state as 6940
purport to contain signatures of electors of the county of such 6941
board. The board of the most populous county of a district shall 6942
promptly transmit to each board within such district such separate 6943
petition papers of each petition accompanying a declaration of 6944
candidacy filed with it as purport to contain signatures of 6945
electors of the county of each such board. The board of a county 6946
within which the major portion of the population of a subdivision, 6947
situated in more than one county, is located, shall promptly 6948
transmit to the board of each other county within which a portion 6949
of such subdivision is located such separate petition papers of 6950
each petition accompanying a declaration of candidacy filed with 6951
it as purport to contain signatures of electors of the portion of 6952
such subdivision in the county of each such board. 6953

       All petition papers so transmitted to a board and all 6954
petitions accompanying declarations of candidacy filed with aa 6955
board shall, under proper regulations, be open to public 6956
inspection until four p.m. of the seventieth day before the day of 6957
the next primary election, or if that next primary election is a 6958
presidential primary election, the fifty-fifth day before that 6959
presidential primary election. Each board shall, not later than 6960
the sixty-eighth day before the day of ~~that~~that primary election, 6961
or if the primary election is a presidential primary election, not 6962
later than the fifty-third day before such presidential primary 6963
election, examine and determine the validity or invalidity of the 6964
signatures on the petition papers so transmitted to or filed with 6965
it and shall return to the secretary of state all petition papers 6966
transmitted to it by the secretary of state, together with its 6967
certification of its determination as to the validity or 6968
invalidity of signatures thereon, and shall return to each other 6969
board all petition papers transmitted to it by such board, 6970
together with its certification of its determination as to the 6971
validity or invalidity of the signatures thereon. All other 6972
matters affecting the validity or invalidity of such petition 6973
papers shall be determined by the secretary of state or the board 6974
with whom such petition papers were filed. 6975

       Protests against the candidacy of any person filing a 6976
declaration of candidacy for party nomination or for election to 6977
an office or position, as provided in this section, may be filed 6978
by any qualified elector who is a member of the same political 6979
party as the candidate and who is eligible to vote at the primary 6980
election for the candidate whose declaration of candidacy the 6981
elector objects to, or by the controlling committee of ~~that~~ 6982
~~political~~that political party. ~~The~~The protest ~~shall~~shall be in 6983
writing, and ~~shall~~shall be filed not later than four p.m. of the 6984
sixty-fourth day before the day of the primary election, or if the 6985
primary election is a presidential primary election, not later 6986
than four p.m. of the forty-ninth day before the day of the 6987
presidential primary election. ~~The~~The protest shall be filed with 6988
the election officials with whom the declaration of candidacy and 6989
petition was filed. Upon the filing of ~~the~~the protest, the 6990
election officials with whom it is filed shall promptly fix the 6991
time for hearing it, and shall forthwith mail notice of the filing 6992
of ~~the~~the protest and the time fixed for hearing to the person 6993
whose candidacy is so protested. They shall also forthwith mail 6994
notice of the time fixed for such hearing to the person who filed 6995
the protest. At the time fixed, such election officials shall hear 6996
the protest and determine the validity or invalidity of the 6997
declaration of candidacy and petition. If they find that such 6998
candidate is not an elector of the state, district, county, or 6999
political subdivision in which the candidate seeks a party 7000
nomination or election to an office or position, or has not fully 7001
complied with this chapter, the candidate's declaration of 7002
candidacy and petition shall be determined to be invalid and shall 7003
be rejected;; otherwise,, it shall be determined to be valid. ~~That~~ 7004
That determination shall be final. 7005

       A protest against the candidacy of any persons filing a 7006
declaration of candidacy for joint party nomination to the offices 7007
of governor and lieutenant governor shall be filed, heard, and 7008
determined in the same manner as a protest against the candidacy 7009
of any person filing a declaration of candidacy singly. 7010

       The secretary of state shall, on the sixtieth day before the 7011
day of a primary election, or if the primary election is a 7012
presidential primary election, on the forty-fifth day before the 7013
day of the presidential primary election, certify to each board in 7014
the state the forms of the official ballots to be used at ~~the~~the 7015
primary election, together with the names of the candidates to be 7016
printed ~~on the ballots~~on the ballots whose nomination or election 7017
is to be determined by electors throughout the entire state and 7018
who filed valid declarations of candidacy and petitions. 7019

       The board of the most populous county in a district comprised 7020
of more than one county but less than all of the counties of the 7021
state shall,, on the sixtieth day before the day of a primary 7022
election, or if the primary election is a presidential primary 7023
election, on the forty-fifth day before the day of a presidential 7024
primary election, certify to the board of each county in the 7025
district the names of the candidates to be printed on the official 7026
ballots to be used at ~~the~~the primary election, whose nomination 7027
or election is to be determined only by electors within ~~the~~the 7028
district and who filed valid declarations of candidacy and 7029
petitions. 7030

       The board of a county within which the major portion of the 7031
population of a subdivision smaller than the county and situated 7032
in more than one county is located shall, on the sixtieth day 7033
before the day of a primary election, or if the primary election 7034
is a presidential primary election, on the forty-fifth day before 7035
the day of a presidential primary election, certify to the board 7036
of each county in which a portion of ~~that~~that subdivision is 7037
located the names of the candidates to be printed on the official 7038
ballots to be used at ~~the~~the primary election, whose nomination 7039
or election is to be determined only by electors within ~~that~~that 7040
subdivision and who filed valid declarations of candidacy and 7041
petitions. 7042

       Sec. 3513.052. (A) No person shall seek nomination or 7043
election to any of the following offices or positions at the same 7044
election by filing a declaration of candidacy and petition, a 7045
declaration of intent to be a write-in candidate, or a nominating 7046
petition, or by becoming a candidate through party nomination in a 7047
primary election, or by the filling of a vacancy under section 7048
3513.30 or 3513.31 of the Revised Code: 7049

       (1) Two or more state offices; 7050

       (2) Two or more county offices; 7051

       (3) A state office and a county office; 7052

       (4) ~~A federal office and a state or county office;~~ 7053

       ~~(5)~~A federal office and a state or county office; 7054

       (5) Any combination of two or more municipal or township 7055
offices, positions as a member of a city, local, or exempted 7056
village board of education, or positions as a member of a 7057
governing board of an educational service center. 7058

       (B) The secretary of state or a board of elections shall not 7059
accept for filing a declaration of candidacy and petition, a 7060
declaration of intent to be a write-in candidate, or a nominating 7061
petition of a person seeking to become a candidate if that person, 7062
for the same election, has already filed a declaration of 7063
candidacy, a declaration of intent to be a write-in candidate, or 7064
a nominating petition, or has become a candidate through party 7065
nomination at a primary election or by the filling of a vacancy 7066
under section 3513.30 or 3513.31 of the Revised Code for: 7067

       (1) Any ~~federal,~~federal, state,, or county office, if the 7068
declaration of candidacy, declaration of intent to be a write-in 7069
candidate, or nominating petition is for a state or county office; 7070

       (2) Any municipal or township office, or for member of a 7071
city, local, or exempted village board of education, or for member 7072
of a governing board of an educational service center, if the 7073
declaration of candidacy, declaration of intent to be a write-in 7074
candidate, or nominating petition is for a municipal or township 7075
office, or for member of a city, local, or exempted village board 7076
of education, or for member of a governing board of an educational 7077
service center. 7078

       (C)(1) If the secretary of state determines, before the day 7079
of the primary election, that a person is seeking nomination to 7080
more than one office at that election in violation of division (A) 7081
of this section, the secretary of state shall do one of the 7082
following: 7083

       (a) If each office or the district for each office for which 7084
the person is seeking nomination is wholly within a single county 7085
~~and none of those offices is a federal office~~and none of those 7086
offices is a federal office, the secretary of state shall notify 7087
the board of elections of that county. The board then shall 7088
determine the date on which the person first sought to become a 7089
candidate for each of those offices by filing a declaration of 7090
candidacy or a declaration of intent to be a write-in candidate or 7091
by the filling of a vacancy under section 3513.30 of the Revised 7092
Code. The board shall vote promptly to disqualify that person as a 7093
candidate for each office for which the person sought to become a 7094
candidate after the date on which the person first sought to 7095
become a candidate for any of those offices. If the board 7096
determines that the person sought to become a candidate for more 7097
than one of those offices on the same date, the board shall vote 7098
promptly to disqualify that person as a candidate for each office 7099
that would be listed on the ballot below the highest office for 7100
which that person seeks nomination, according to the ballot order 7101
prescribed under section 3505.03 of the Revised Code. 7102

       (b) If one or more of the offices for which the person is 7103
seeking nomination is a state office or an office with a district 7104
larger than a single county ~~and none of the offices for which the~~ 7105
~~person is seeking nomination is a federal office~~and none of the 7106
offices for which the person is seeking nomination is a federal 7107
office, the secretary of state shall determine the date on which 7108
the person first sought to become a candidate for each of those 7109
offices by filing a declaration of candidacy or a declaration of 7110
intent to be a write-in candidate or by the filling of a vacancy 7111
under section 3513.30 of the Revised Code. The secretary of state 7112
shall order the board of elections of each county in which the 7113
person is seeking to appear on the ballot to disqualify that 7114
person as a candidate for each office for which the person sought 7115
to become a candidate after the date on which the person first 7116
sought to become a candidate for any of those offices. If the 7117
secretary of state determines that the person sought to become a 7118
candidate for more than one of those offices on the same date, the 7119
secretary of state shall order the board of elections of each 7120
county in which the person is seeking to appear on the ballot to 7121
disqualify that person as a candidate for each office that would 7122
be listed on the ballot below the highest office for which that 7123
person seeks nomination, according to the ballot order prescribed 7124
under section 3505.03 of the Revised Code. Each board of elections 7125
so notified shall vote promptly to disqualify the person as a 7126
candidate in accordance with the order of the secretary of state. 7127

       ~~(c) If each office or the district for each office for which~~ 7128
~~the person is seeking nomination is wholly within a single county~~ 7129
~~and any of those offices is a federal office, the secretary of~~ 7130
~~state shall notify the board of elections of that county. The~~ 7131
~~board then shall vote promptly to disqualify that person as a~~ 7132
~~candidate for each office that is not a federal office.~~ 7133

       ~~(d) If one or more of the offices for which the person is~~ 7134
~~seeking nomination is a state office and any of the offices for~~ 7135
~~which the person is seeking nomination is a federal office, the~~ 7136
~~secretary of state shall order the board of elections of each~~ 7137
~~county in which the person is seeking to appear on the ballot to~~ 7138
~~disqualify that person as a candidate for each office that is not~~ 7139
~~a federal office. Each board of elections so notified shall vote~~ 7140
~~promptly to disqualify the person as a candidate in accordance~~ 7141
~~with the order of the secretary of state.~~ 7142

       (c) If each office or the district for each office for which 7143
the person is seeking nomination is wholly within a single county 7144
and any of those offices is a federal office, the secretary of 7145
state shall notify the board of elections of that county. The 7146
board then shall vote promptly to disqualify that person as a 7147
candidate for each office that is not a federal office. 7148

       (d) If one or more of the offices for which the person is 7149
seeking nomination is a state office and any of the offices for 7150
which the person is seeking nomination is a federal office, the 7151
secretary of state shall order the board of elections of each 7152
county in which the person is seeking to appear on the ballot to 7153
disqualify that person as a candidate for each office that is not 7154
a federal office. Each board of elections so notified shall vote 7155
promptly to disqualify the person as a candidate in accordance 7156
with the order of the secretary of state. 7157

       (2) If a board of elections determines, before the day of the 7158
primary election, that a person is seeking nomination to more than 7159
one office at that election in violation of division (A) of this 7160
section, the board shall do one of the following: 7161

       (a) If each office or the district for each office for which 7162
the person is seeking nomination is wholly within that county ~~and~~ 7163
~~none of those offices is a federal office~~and none of those 7164
offices is a federal office, the board shall determine the date on 7165
which the person first sought to become a candidate for each of 7166
those offices by filing a declaration of candidacy or a 7167
declaration of intent to be a write-in candidate or by the filling 7168
of a vacancy under section 3513.30 of the Revised Code. The board 7169
shall vote promptly to disqualify that person as a candidate for 7170
each office for which the person sought to become a candidate 7171
after the date on which the person first sought to become a 7172
candidate for any of those offices. If the board determines that 7173
the person sought to become a candidate for more than one of those 7174
offices on the same date, the board shall vote promptly to 7175
disqualify that person as a candidate for each office that would 7176
be listed on the ballot below the highest office for which that 7177
person seeks nomination, according to the ballot order prescribed 7178
under section 3505.03 of the Revised Code. 7179

       (b) If one or more of the offices for which the person is 7180
seeking nomination is a state office or an office with a district 7181
larger than a single county ~~and none of the offices for which the~~ 7182
~~person is seeking nomination is a federal office~~and none of the 7183
offices for which the person is seeking nomination is a federal 7184
office, the board shall notify the secretary of state. The 7185
secretary of state then shall determine the date on which the 7186
person first sought to become a candidate for each of those 7187
offices by filing a declaration of candidacy or a declaration of 7188
intent to be a write-in candidate or by the filling of a vacancy 7189
under section 3513.30 of the Revised Code. The secretary of state 7190
shall order the board of elections of each county in which the 7191
person is seeking to appear on the ballot to disqualify that 7192
person as a candidate for each office for which the person sought 7193
to become a candidate after the date on which the person first 7194
sought to become a candidate for any of those offices. If the 7195
secretary of state determines that the person sought to become a 7196
candidate for more than one of those offices on the same date, the 7197
secretary of state shall order the board of elections of each 7198
county in which the person is seeking to appear on the ballot to 7199
disqualify that person as a candidate for each office that would 7200
be listed on the ballot below the highest office for which that 7201
person seeks nomination, according to the ballot order prescribed 7202
under section 3505.03 of the Revised Code. Each board of elections 7203
so notified shall vote promptly to disqualify the person as a 7204
candidate in accordance with the order of the secretary of state. 7205

       ~~(c) If each office or the district for each office for which~~ 7206
~~the person is seeking nomination is wholly within a single county~~ 7207
~~and any of those offices is a federal office, the board shall vote~~ 7208
~~promptly to disqualify that person as a candidate for each office~~ 7209
~~that is not a federal office.~~ 7210

       ~~(d) If one or more of the offices for which the person is~~ 7211
~~seeking nomination is a state office and any of the offices for~~ 7212
~~which the person is seeking nomination is a federal office, the~~ 7213
~~board shall notify the secretary of state. The secretary of state~~ 7214
~~then shall order the board of elections of each county in which~~ 7215
~~the person is seeking to appear on the ballot to disqualify that~~ 7216
~~person as a candidate for each office that is not a federal~~ 7217
~~office. Each board of elections so notified shall vote promptly to~~ 7218
~~disqualify the person as a candidate in accordance with the order~~ 7219
~~of the secretary of state.~~ 7220

       (c) If each office or the district for each office for which 7221
the person is seeking nomination is wholly within a single county 7222
and any of those offices is a federal office, the board shall vote 7223
promptly to disqualify that person as a candidate for each office 7224
that is not a federal office. 7225

       (d) If one or more of the offices for which the person is 7226
seeking nomination is a state office and any of the offices for 7227
which the person is seeking nomination is a federal office, the 7228
board shall notify the secretary of state. The secretary of state 7229
then shall order the board of elections of each county in which 7230
the person is seeking to appear on the ballot to disqualify that 7231
person as a candidate for each office that is not a federal 7232
office. Each board of elections so notified shall vote promptly to 7233
disqualify the person as a candidate in accordance with the order 7234
of the secretary of state. 7235

       (D)(1) If the secretary of state determines, after the day of 7236
the primary election and before the day of the general election, 7237
that a person is seeking election to more than one office at that 7238
election in violation of division (A) of this section, the 7239
secretary of state shall do one of the following: 7240

       (a) If each office or the district for each office for which 7241
the person is seeking election is wholly within a single county 7242
~~and none of those offices is a federal office~~and none of those 7243
offices is a federal office, the secretary of state shall notify 7244
the board of elections of that county. The board then shall 7245
determine the offices for which the person seeks to appear as a 7246
candidate on the ballot. The board shall vote promptly to 7247
disqualify that person as a candidate for each office that would 7248
be listed on the ballot below the highest office for which that 7249
person seeks election, according to the ballot order prescribed 7250
under section 3505.03 of the Revised Code. If the person sought 7251
nomination at a primary election and has not yet been issued a 7252
certificate of nomination, the board shall not issue that 7253
certificate for that person for any office that would be listed on 7254
the ballot below the highest office for which that person seeks 7255
election, according to the ballot order prescribed under section 7256
3505.03 of the Revised Code. 7257

       (b) If one or more of the offices for which the person is 7258
seeking election is a state office or an office with a district 7259
larger than a single county ~~and none of the offices for which the~~ 7260
~~person is seeking election is a federal office~~and none of the 7261
offices for which the person is seeking election is a federal 7262
office, the secretary of state shall promptly investigate and 7263
determine the offices for which the person seeks to appear as a 7264
candidate on the ballot. The secretary of state shall order the 7265
board of elections of each county in which the person is seeking 7266
to appear on the ballot to disqualify that person as a candidate 7267
for each office that would be listed on the ballot below the 7268
highest office for which that person seeks election, according to 7269
the ballot order prescribed under section 3505.03 of the Revised 7270
Code. Each board of elections so notified shall vote promptly to 7271
disqualify the person as a candidate in accordance with the order 7272
of the secretary of state. If the person sought nomination at a 7273
primary election and has not yet been issued a certificate of 7274
nomination, the board shall not issue that certificate for that 7275
person for any office that would be listed on the ballot below the 7276
highest office for which that person seeks election, according to 7277
the ballot order prescribed under section 3505.03 of the Revised 7278
Code. 7279

       ~~(c) If each office or the district for each office for which~~ 7280
~~the person is seeking election is wholly within a single county~~ 7281
~~and any of those offices is a federal office, the secretary of~~ 7282
~~state shall notify the board of elections of that county. The~~ 7283
~~board then shall vote promptly to disqualify that person as a~~ 7284
~~candidate for each office that is not a federal office. If the~~ 7285
~~person sought nomination at a primary election and has not yet~~ 7286
~~been issued a certificate of nomination, the board shall not issue~~ 7287
~~that certificate for that person for any office that is not a~~ 7288
~~federal office.~~ 7289

       ~~(d) If one or more of the offices for which the person is~~ 7290
~~seeking election is a state office and any of the offices for~~ 7291
~~which the person is seeking election is a federal office, the~~ 7292
~~secretary of state shall order the board of elections of each~~ 7293
~~county in which the person is seeking to appear on the ballot to~~ 7294
~~disqualify that person as a candidate for each office that is not~~ 7295
~~a federal office. Each board of elections so notified shall vote~~ 7296
~~promptly to disqualify the person as a candidate in accordance~~ 7297
~~with the order of the secretary of state. If the person sought~~ 7298
~~nomination at a primary election and has not yet been issued a~~ 7299
~~certificate of nomination, the board shall not issue that~~ 7300
~~certificate for that person for any office that is not a federal~~ 7301
~~office.~~ 7302

       (c) If each office or the district for each office for which 7303
the person is seeking election is wholly within a single county 7304
and any of those offices is a federal office, the secretary of 7305
state shall notify the board of elections of that county. The 7306
board then shall vote promptly to disqualify that person as a 7307
candidate for each office that is not a federal office. If the 7308
person sought nomination at a primary election and has not yet 7309
been issued a certificate of nomination, the board shall not issue 7310
that certificate for that person for any office that is not a 7311
federal office. 7312

       (d) If one or more of the offices for which the person is 7313
seeking election is a state office and any of the offices for 7314
which the person is seeking election is a federal office, the 7315
secretary of state shall order the board of elections of each 7316
county in which the person is seeking to appear on the ballot to 7317
disqualify that person as a candidate for each office that is not 7318
a federal office. Each board of elections so notified shall vote 7319
promptly to disqualify the person as a candidate in accordance 7320
with the order of the secretary of state. If the person sought 7321
nomination at a primary election and has not yet been issued a 7322
certificate of nomination, the board shall not issue that 7323
certificate for that person for any office that is not a federal 7324
office. 7325

       (2) If a board of elections determines, after the day of the 7326
primary election and before the day of the general election, that 7327
a person is seeking election to more than one office at that 7328
election in violation of division (A) of this section, the board 7329
of elections shall do one of the following: 7330

       (a) If each office or the district for each office for which 7331
the person is seeking election is wholly within that county ~~and~~ 7332
~~none of those offices is a federal office~~and none of those 7333
offices is a federal office, the board shall determine the offices 7334
for which the person seeks to appear as a candidate on the ballot. 7335
The board shall vote promptly to disqualify that person as a 7336
candidate for each office that would be listed on the ballot below 7337
the highest office for which that person seeks election, according 7338
to the ballot order prescribed under section 3505.03 of the 7339
Revised Code. If the person sought nomination at a primary 7340
election and has not yet been issued a certificate of nomination, 7341
the board shall not issue that certificate for that person for any 7342
office that would be listed on the ballot below the highest office 7343
for which that person seeks election, according to the ballot 7344
order prescribed under section 3505.03 of the Revised Code. 7345

       (b) If one or more of the offices for which the person is 7346
seeking election is a state office or an office with a district 7347
larger than a single county ~~and none of the offices for which the~~ 7348
~~person is seeking election is a federal office~~and none of the 7349
offices for which the person is seeking election is a federal 7350
office, the board shall notify the secretary of state. The 7351
secretary of state promptly shall investigate and determine the 7352
offices for which the person seeks to appear as a candidate on the 7353
ballot. The secretary of state shall order the board of elections 7354
of each county in which the person is seeking to appear on the 7355
ballot to disqualify that person as a candidate for each office 7356
that would be listed on the ballot below the highest office for 7357
which that person seeks election, according to the ballot order 7358
prescribed under section 3505.03 of the Revised Code. Each board 7359
of elections so notified shall vote promptly to disqualify the 7360
person as a candidate in accordance with the order of the 7361
secretary of state. If the person sought nomination at a primary 7362
election and has not yet been issued a certificate of nomination, 7363
the board shall not issue that certificate for that person for any 7364
office that would be listed on the ballot below the highest office 7365
for which that person seeks election, according to the ballot 7366
order prescribed under section 3505.03 of the Revised Code. 7367

       ~~(c) If each office or the district for each office for which~~ 7368
~~the person is seeking election is wholly within that county and~~ 7369
~~any of those offices is a federal office, the board shall vote~~ 7370
~~promptly to disqualify that person as a candidate for each office~~ 7371
~~that is not a federal office. If the person sought nomination at a~~ 7372
~~primary election and has not yet been issued a certificate of~~ 7373
~~nomination, the board shall not issue that certificate for that~~ 7374
~~person for any office that is not a federal office.~~ 7375

       ~~(d) If one or more of the offices for which the person is~~ 7376
~~seeking election is a state office and any of the offices for~~ 7377
~~which the person is seeking election is a federal office, the~~ 7378
~~board shall notify the secretary of state. The secretary of state~~ 7379
~~shall order the board of elections of each county in which the~~ 7380
~~person is seeking to appear on the ballot to disqualify that~~ 7381
~~person as a candidate for each office that is not a federal~~ 7382
~~office. Each board of elections so notified shall vote promptly to~~ 7383
~~disqualify the person as a candidate in accordance with the order~~ 7384
~~of the secretary of state. If the person sought nomination at a~~ 7385
~~primary election and has not yet been issued a certificate of~~ 7386
~~nomination, the board shall not issue that certificate for that~~ 7387
~~person for any office that is not a federal office.~~ 7388

       (c) If each office or the district for each office for which 7389
the person is seeking election is wholly within that county and 7390
any of those offices is a federal office, the board shall vote 7391
promptly to disqualify that person as a candidate for each office 7392
that is not a federal office. If the person sought nomination at a 7393
primary election and has not yet been issued a certificate of 7394
nomination, the board shall not issue that certificate for that 7395
person for any office that is not a federal office. 7396

       (d) If one or more of the offices for which the person is 7397
seeking election is a state office and any of the offices for 7398
which the person is seeking election is a federal office, the 7399
board shall notify the secretary of state. The secretary of state 7400
shall order the board of elections of each county in which the 7401
person is seeking to appear on the ballot to disqualify that 7402
person as a candidate for each office that is not a federal 7403
office. Each board of elections so notified shall vote promptly to 7404
disqualify the person as a candidate in accordance with the order 7405
of the secretary of state. If the person sought nomination at a 7406
primary election and has not yet been issued a certificate of 7407
nomination, the board shall not issue that certificate for that 7408
person for any office that is not a federal office. 7409

       (E) When a person is disqualified as a candidate under 7410
division (C) or (D) of this section, ~~that person's name shall not~~ 7411
~~appear on the ballots~~on or before the sixtieth day before the day 7412
of the applicable election, or, if the election is a presidential 7413
primary election, on or before the forty-fifth day before the day 7414
of the presidential primary election, the board of elections shall 7415
remove the person's name from the ballot for any office for which 7416
that person has been disqualified as a candidate~~. If the ballots~~ 7417
~~have already been prepared, the board of elections shall remove~~ 7418
~~the name of the disqualified candidate from the ballots to the~~ 7419
~~extent practicable in the time remaining before the election and~~ 7420
according to the directions of the secretary of state. When a 7421
person is disqualified as a candidate under division (C) or (D) of 7422
this section after the sixtieth day before the day of the 7423
applicable election, or, if the election is a presidential primary 7424
election, after the forty-fifth day before the day of the 7425
presidential primary election, the board of elections shall not 7426
remove the person's name from the ballot for any office for which 7427
that person has been disqualified as a candidate. The board of 7428
elections shall post a notice at each polling location on the day 7429
of the applicable election, and shall enclose with each absent 7430
voter's ballot given or mailed after the candidate is 7431
disqualified, a notice that votes for the person for the office 7432
for which the person has been disqualified as a candidate will be 7433
void and will not be counted. If the name is not removed from the 7434
ballots before the day of the election, the votes for the 7435
disqualified candidate are void and shall not be counted. 7436

       (F) Any vacancy created by the disqualification of a person 7437
as a candidate under division (C) or (D) of this section may be 7438
filled in the manner provided for in sections 3513.30 and 3513.31 7439
of the Revised Code. 7440

       (G) Nothing in this section or section 3513.04, 3513.041, 7441
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257, 7442
3513.259, or 3513.261 of the Revised Code prohibits, and the 7443
secretary of state or a board of elections shall not disqualify, a 7444
person from being a candidate for an office, if that person timely 7445
withdraws as a candidate for any offices specified in division (A) 7446
of this section for which that person first sought to become a 7447
candidate by filing a declaration of candidacy and petition, a 7448
declaration of intent to be a write-in candidate, or a nominating 7449
petition, by party nomination in a primary election, or by the 7450
filling of a vacancy under section 3513.30 or 3513.31 of the 7451
Revised Code. 7452

       (H) As used in this section: 7453

       (1) "State office" means the offices of governor, lieutenant 7454
governor, secretary of state, auditor of state, treasurer of 7455
state, attorney general, member of the state board of education, 7456
member of the general assembly, chief justice of the supreme 7457
court, and justice of the supreme court. 7458

       (2) "Timely withdraws" means either of the following: 7459

       (a) Withdrawing as a candidate before the applicable deadline 7460
for filing a declaration of candidacy, declaration of intent to be 7461
a write-in candidate, or nominating petition for the subsequent 7462
office for which the person is seeking to become a candidate at 7463
the same election; 7464

       (b) Withdrawing as a candidate before the applicable deadline 7465
for the filling of a vacancy under section 3513.30 or 3513.31 of 7466
the Revised Code, if the person is seeking to become a candidate 7467
for a subsequent office at the same election under either of those 7468
sections. 7469

       Sec. 3513.07. The form of declaration of candidacy and 7470
petition of a person desiring to be a candidate for a party 7471
nomination or a candidate for election to an office or position to 7472
be voted for at a primary election shall be substantially as 7473
follows: 7474

"DECLARATION OF CANDIDACY PARTY PRIMARY ELECTION 7475

       I, ........................... (Name of Candidate), the 7476
undersigned, hereby declare under penalty of election 7477
falsification that my voting residence is in ............... 7478
precinct of the ............................. (Township) or (Ward 7479
and City or Village) in the county of ................, Ohio; that 7480
my voting residence is ............... (Street and Number, if any, 7481
or Rural Route and Number) of the ............................. 7482
(City or Village) of ................., Ohio; and that I am a 7483
qualified elector in the precinct in which my voting residence is 7484
located. I am a member of the ........ Party. I hereby declare 7485
that I desire to be .................... (a candidate for 7486
nomination as a candidate of the Party for election to the office 7487
of .............) (a candidate for election to the office or 7488
position of ..............) for the ............ in the state, 7489
district, (Full term or unexpired term ending ...............) 7490
county, city, or village of ..................., at the primary 7491
election to be held on the ............. day of ........., ...., 7492
and I hereby request that my name be printed upon the official 7493
primary election ballot of the said .......... Party as a 7494
candidate for ......... (such nomination) or (such election) as 7495
provided by law. 7496

       I further declare that, if elected to said office or 7497
position, I will qualify therefor, and that I will support and 7498
abide by the principles enunciated by the ............ Party. 7499

       Dated this .......... day of ................., ......... 7500

............................. 7501

(Signature of candidate) 7502

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 7503
OF THE FIFTH DEGREE. 7504

PETITION OF CANDIDATE 7505

       We, the undersigned, qualified electors of the state of Ohio, 7506
whose voting residence is in the county, city, village, ward, 7507
township, or school district, and precinct set opposite our names, 7508
and members of the ....................................... Party, 7509
hereby certify that ............................ (Name of 7510
candidate) whose declaration of candidacy is filed herewith, is a 7511
member of the ............ Party, and is, in our opinion, well 7512
qualified to perform the duties of the office or position to which 7513
that candidate desires to be elected. 7514

Street City, 7515

and Village or 7516

Signature Number Township Ward Precinct County Date 7517

(Must use address on file with the board of elections) 7518

.................................................................... 7519

.................................................................... 7520

.................................................................... 7521

       ....................................... (Name of circulator 7522
of petition), declares under penalty of election falsification 7523
that the circulator of the petition is a qualified elector of the 7524
state of Ohio and resides at the address appearing below the 7525
signature of that circulator; that the circulator is a member of 7526
the ........... Party; that the circulator is the circulator of 7527
the foregoing petition paper containing ............. (Number) 7528
signatures; that the circulator witnessed the affixing of every 7529
signature; that all signers were to the best of the circulator's 7530
knowledge and belief qualified to sign; and that every signature 7531
is to the best of the circulator's knowledge and belief the 7532
signature of the person whose signature it purports to be or of an 7533
attorney in fact acting pursuant to section 3501.382 of the 7534
Revised Code. 7535

7536

(Signature of circulator) 7537

7538

(Address of circulator) 7539
7540
(If petition is for a statewide 7541
candidate, the name and address 7542
of person employing 7543
circulator to circulate 7544
petition, if any) 7545

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 7546
OF THE FIFTH DEGREE." 7547

       The secretary of state shall prescribe a form of declaration 7548
of candidacy and petition, and the form shall be substantially 7549
similar to the declaration of candidacy and petition set forth in 7550
this section, that will be suitable for joint candidates for the 7551
offices of governor and lieutenant governor. 7552

       The petition provided for in this section shall be circulated 7553
only by a member of the same political party as the candidate. 7554

       Sec. 3513.09. If the petition, required by section 3513.07 7555
of the Revised Code to be filed with a declaration of candidacy, 7556
consists of more than one separate petition paper, the declaration 7557
of candidacy of the candidate named need be signed by the 7558
candidate, or of an attorney in fact acting pursuant to section 7559
3501.382 of the Revised Code, on only one of such separate 7560
petition papers, but the declaration of candidacy so signed shall 7561
be copied on each other separate petition paper before the 7562
signature of electors are placed ~~thereon~~on it. 7563

       Sec. 3513.19. (A) It is the duty ~~of any witness or~~ 7564
~~challenger and~~ of any judge of elections ~~and the right of any~~ 7565
~~elector~~, whenever any ~~such person~~judge of elections doubts that 7566
~~another~~a person attempting to vote at a primary election is 7567
legally entitled to vote at ~~such~~that election, to challenge the 7568
right of that ~~other~~ person to vote. The right of a person to vote 7569
at a primary election may be challenged upon the following 7570
grounds: 7571

       (1) That the person whose right to vote is challenged is not 7572
a legally qualified elector; 7573

       (2) That the person has received or has been promised some 7574
valuable reward or consideration for the person's vote; 7575

       (3) That the person is not affiliated with or is not a member 7576
of the political party whose ballot the person desires to vote. 7577
Such party affiliation shall be determined by examining the 7578
elector's voting record for the current year and the immediately 7579
preceding two calendar years as shown on the voter's registration 7580
card, using the standards of affiliation specified in the seventh 7581
paragraph of section 3513.05 of the Revised Code. Division (A)(3) 7582
of this section and the seventh paragraph of section 3513.05 of 7583
the Revised Code do not prohibit a person who holds an elective 7584
office for which candidates are nominated at a party primary 7585
election from doing any of the following: 7586

       (a) If the person voted as a member of a different political 7587
party at any primary election within the current year and the 7588
immediately preceding two calendar years, being a candidate for 7589
nomination at a party primary held during the times specified in 7590
division (C)(2) of section 3513.191 of the Revised Code provided 7591
that the person complies with the requirements of that section; 7592

       (b) Circulating the person's own petition of candidacy for 7593
party nomination in the primary election. 7594

       (B) When the right of a person to vote is challenged upon the 7595
ground set forth in division (A)(3) of this section, membership in 7596
or political affiliation with a political party shall be 7597
determined by the person's statement, made under penalty of 7598
election falsification, that the person desires to be affiliated 7599
with and supports the principles of the political party whose 7600
primary ballot the person desires to vote. 7601

       Sec. 3513.20. Before any challenged person shall be allowed 7602
to vote at a primary election he, the person shall make a 7603
statement, under penalty of election falsification, before one of 7604
the precinct officials, blanks for which shall be furnished by the 7605
board of elections, giving name, age, residence, length of 7606
residence in the precinct, county, and state; stating that the 7607
person desires to be affiliated with and supports the principles 7608
of the political party whose ballot the person desires to vote; 7609
and giving all other facts necessary to determine whether hethe 7610
person is entitled to vote in ~~such~~that primary election. ~~Such~~The 7611
statement shall be returned to the office of the board with the 7612
pollbooks and tally sheets. 7613

       If a person challenged refuses to make ~~such~~that statement 7614
under penalty of election falsification, hethe person shall be 7615
~~refused~~permitted to vote a provisional ballot under section 7616
3505.181 of the Revised Code. If a majority of the precinct 7617
officials finds that the statements of a person challenged or ~~his~~ 7618
the person's voting record or other evidence shows that hethe 7619
person lacks any of the qualifications required to make ~~him~~the 7620
person a qualified elector at ~~such~~the primary election or that he 7621
the person is not affiliated with or is not a member of the 7622
political party whose ballot hethe person desires to vote, hethe 7623
person shall be ~~refused~~permitted to vote a provisional ballot 7624
under section 3505.181 of the Revised Code. 7625

       Sec. 3513.22. (A) Not earlier than the eleventh day or later 7626
than the fifteenth day after a primary election, the board of 7627
elections shall begin to canvass the election returns from the 7628
precincts in which electors were entitled to vote at that election 7629
and shall continue the canvass daily until it is completed. 7630

       The board shall complete the canvass not later than the ~~date~~ 7631
~~set by the secretary of state under division (U) of section~~ 7632
~~3501.05 of the Revised Code~~twenty-first day after the day of the 7633
election. ~~Sixty~~Eighty-one days after the ~~date set by~~day of the 7634
~~secretary of state for the completion of the canvass~~election, the 7635
canvass of election returns shall be deemed final, and no 7636
amendments to the canvass may be made after that date. The 7637
secretary of state may specify an earlier date upon which the 7638
canvass of election returns shall be deemed final, and after which 7639
amendments to the final canvass may not be made, if so required by 7640
federal law. 7641

       (B) The county executive committee of each political party 7642
that participated in the election, and each committee designated 7643
in a petition to represent the petitioners pursuant to which a 7644
question or issue was submitted at the election, may designate a 7645
qualified elector who may be present at and may ~~witness~~observe 7646
the making of the canvass. Each person for whom votes were cast in 7647
the election may also be present at and ~~witness~~observe the making 7648
of the canvass. 7649

       (C) When the canvass of the election returns from all of the 7650
precincts in the county in which electors were entitled to vote at 7651
the election has been completed, the board shall determine and 7652
declare the results of the elections determined by the electors of 7653
the county or of a district or subdivision within the county. If 7654
more than the number of persons to be nominated for or elected to 7655
an office received the largest and an equal number of votes, the 7656
tie shall be resolved by lot by the chairperson of the board in 7657
the presence of a majority of the members of the board. The 7658
declaration shall be in writing and shall be signed by at least a 7659
majority of the members of the board. It shall bear the date of 7660
the day upon which it is made, and a copy of it shall be posted by 7661
the board in a conspicuous place in its office. The board shall 7662
keep the copy posted for a period of at least five days. 7663

       The board shall promptly certify abstracts of the results of 7664
the elections within its county upon forms the secretary of state 7665
prescribes. One certified copy of each abstract shall be kept in 7666
the office of the board, and one certified copy of each abstract 7667
shall promptly be sent to the secretary of state. The board shall 7668
also promptly send a certified copy of that part of an abstract 7669
that pertains to an election in which only electors of a district 7670
comprised of more than one county but less than all of the 7671
counties of the state voted to the board of the most populous 7672
county in the district. It shall also promptly send a certified 7673
copy of that part of an abstract that pertains to an election in 7674
which only electors of a subdivision located partly within the 7675
county voted to the board of the county in which the major portion 7676
of the population of the subdivision is located. 7677

       If, after certifying and sending abstracts and parts of 7678
abstracts, a board finds that any abstract or part of any abstract 7679
is incorrect, it shall promptly prepare, certify, and send a 7680
corrected abstract or part of an abstract to take the place of 7681
each incorrect abstract or part of an abstract previously 7682
certified and sent. 7683

       (D)(1) When certified copies of abstracts are received by the 7684
secretary of state, the secretary of state shall canvass those 7685
abstracts and determine and declare the results of all elections 7686
in which electors throughout the entire state voted. If more than 7687
the number of persons to be nominated for or elected to an office 7688
received the largest and an equal number of votes, the tie shall 7689
be resolved by lot by the secretary of state in the presence of 7690
the governor, the auditor of state, and the attorney general, who 7691
at the request of the secretary of state shall assemble to witness 7692
the drawing of the lot. The declaration of results by the 7693
secretary of state shall be in writing and shall be signed by the 7694
secretary of state. It shall bear the date of the day upon which 7695
it is made, and a copy of it shall be posted by the secretary of 7696
state in a conspicuous place in the secretary of state's office. 7697
The secretary of state shall keep the copy posted for a period of 7698
at least five days. 7699

       (2) When certified copies of parts of abstracts are received 7700
by the board of the most populous county in a district from the 7701
boards of all of the counties in the district, the board receiving 7702
those abstracts shall canvass them and determine and declare the 7703
results of the elections in which only electors of the district 7704
voted. If more than the number of persons to be nominated for or 7705
elected to an office received the largest and equal number of 7706
votes, the tie shall be resolved by lot by the chairperson of the 7707
board in the presence of a majority of the members of the board. 7708
The declaration of results by the board shall be in writing and 7709
shall be signed by at least a majority of the members of the 7710
board. It shall bear the date of the day upon which it is made, 7711
and a copy of it shall be posted by the board in a conspicuous 7712
place in its office. The board shall keep the copy posted for a 7713
period of at least five days. 7714

       (3) When certified copies of parts of abstracts are received 7715
by the board of a county in which the major portion of the 7716
population of a subdivision located in more than one county is 7717
located from the boards of each county in which other portions of 7718
that subdivision are located, the board receiving those abstracts 7719
shall canvass them and determine and declare the results of the 7720
elections in which only electors of that subdivision voted. If 7721
more than the number of persons to be nominated for or elected to 7722
an office received the largest and an equal number of votes, the 7723
tie shall be resolved by lot by the chairperson of the board in 7724
the presence of a majority of the members of the board. The 7725
declaration of results by the board shall be in writing and shall 7726
be signed by at least a majority of the members of the board. It 7727
shall bear the date of the day upon which it is made, and a copy 7728
of it shall be posted by the board in a conspicuous place in its 7729
office. The board shall keep the copy posted for a period of at 7730
least five days. 7731

       (E) Election officials, who are required to declare the 7732
results of primary elections, shall issue to each person declared 7733
nominated for or elected to an office, an appropriate certificate 7734
of nomination or election, provided that the boards required to 7735
determine and declare the results of the elections for candidates 7736
for nomination to the office of representative to congress from a 7737
congressional district shall, in lieu of issuing a certificate of 7738
nomination, certify to the secretary of state the names of the 7739
candidates nominated, and the secretary of state, upon receipt of 7740
that certification, shall issue a certificate of nomination to 7741
each person whose name is so certified. Certificates of nomination 7742
or election issued by boards to candidates and certifications to 7743
the secretary of state shall not be issued before the expiration 7744
of the time within which applications for recounts of votes may be 7745
filed or before recounts of votes, which have been applied for, 7746
are completed. 7747

       Sec. 3513.257. Each person desiring to become an independent 7748
candidate for an office for which candidates may be nominated at a 7749
primary election, except persons desiring to become independent 7750
joint candidates for the offices of governor and lieutenant 7751
governor and for the offices of president and vice-president of 7752
the United States, shall file no later than four p.m. of the day 7753
before the day of the primary election immediately preceding the 7754
general election at which such candidacy is to be voted for by the 7755
voters, a statement of candidacy and nominating petition as 7756
provided in section 3513.261 of the Revised Code. Persons desiring 7757
to become independent joint candidates for the offices of governor 7758
and lieutenant governor shall file, not later than four p.m. of 7759
the day before the day of the primary election, one statement of 7760
candidacy and one nominating petition for the two of them. Persons 7761
desiring to become independent joint candidates for the offices of 7762
president and vice-president of the United States shall file, not 7763
later than four p.m. of the seventy-fifth day before the day of 7764
the general election at which the president and vice-president are 7765
to be elected, one statement of candidacy and one nominating 7766
petition for the two of them. The prospective independent joint 7767
candidates' statement of candidacy shall be filed with the 7768
nominating petition as one instrument. 7769

       The statement of candidacy and separate petition papers of 7770
each candidate or pair of joint candidates shall be filed at the 7771
same time as one instrument. 7772

       The nominating petition shall contain signatures of qualified 7773
electors of the district, political subdivision, or portion of a 7774
political subdivision in which the candidacy is to be voted on in 7775
an amount to be determined as follows: 7776

       (A) If the candidacy is to be voted on by electors throughout 7777
the entire state, the nominating petition, including the 7778
nominating petition of independent joint candidates for the 7779
offices of governor and lieutenant governor, shall be signed by no 7780
less than five thousand qualified electors, provided that no 7781
petition shall be accepted for filing if it purports to contain 7782
more than fifteen thousand signatures. 7783

       (B) If the candidacy is to be voted on by electors in any 7784
district, political subdivision, or part thereof in which less 7785
than five thousand electors voted for the office of governor at 7786
the most recent election for that office, the nominating petition 7787
shall contain signatures of not less than twenty-five qualified 7788
electors of the district, political subdivision, or part thereof, 7789
or a number of qualified signatures equal to at least five per 7790
cent of that vote, if this number is less than twenty-five. 7791

       (C) If the candidacy is to be voted on by electors in any 7792
district, political subdivision, or part thereof in which five 7793
thousand or more electors voted for the office of governor at the 7794
most recent election for that office, the nominating petition 7795
shall contain a number of signatures equal to at least one per 7796
cent of those electors. 7797

       All nominating petitions of candidates for offices to be 7798
voted on by electors throughout the entire state shall be filed in 7799
the office of the secretary of state. No nominating petition for 7800
the offices of president and vice-president of the United States 7801
shall be accepted for filing unless there is submitted to the 7802
secretary of state, at the time of filing the petition, a slate of 7803
presidential electors sufficient in number to satisfy the 7804
requirement of the United States Constitution. The secretary of 7805
state shall not accept for filing the statement of candidacy of a 7806
person who desires to be an independent candidate for the office 7807
of governor unless it also shows the joint candidacy of a person 7808
who desires to be an independent candidate for the office of 7809
lieutenant governor, shall not accept for filing the statement of 7810
candidacy of a person who desires to be an independent candidate 7811
for the office of lieutenant governor unless it also shows the 7812
joint candidacy of a person who desires to be an independent 7813
candidate for the office of governor, and shall not accept for 7814
filing the statement of candidacy of a person who desires to be an 7815
independent candidate to the office of governor or lieutenant 7816
governor who, for the same election, has already filed a 7817
declaration of candidacy, a declaration of intent to be a write-in 7818
candidate, or a statement of candidacy, or has become a candidate 7819
by the filling of a vacancy under section 3513.30 of the Revised 7820
Code for any other state office or any ~~federal or~~federal or 7821
county office. 7822

       Nominating petitions of candidates for offices to be voted on 7823
by electors within a district or political subdivision comprised 7824
of more than one county but less than all counties of the state 7825
shall be filed with the boards of elections of that county or part 7826
of a county within the district or political subdivision which had 7827
a population greater than that of any other county or part of a 7828
county within the district or political subdivision according to 7829
the last federal decennial census. 7830

       Nominating petitions for offices to be voted on by electors 7831
within a county or district smaller than a county shall be filed 7832
with the board of elections for such county. 7833

       No petition other than the petition of a candidate whose 7834
candidacy is to be considered by electors throughout the entire 7835
state shall be accepted for filing if it appears on its face to 7836
contain more than three times the minimum required number of 7837
signatures. A board of elections shall not accept for filing a 7838
nominating petition of a person seeking to become a candidate if 7839
that person, for the same election, has already filed a 7840
declaration of candidacy, a declaration of intent to be a write-in 7841
candidate, or a nominating petition, or has become a candidate by 7842
the filling of a vacancy under section 3513.30 of the Revised Code 7843
for any ~~federal,~~federal, state,, or county office, if the 7844
nominating petition is for a state or county office, or for any 7845
municipal or township office, for member of a city, local, or 7846
exempted village board of education, or for member of a governing 7847
board of an educational service center, if the nominating petition 7848
is for a municipal or township office, or for member of a city, 7849
local, or exempted village board of education, or for member of a 7850
governing board of an educational service center. When a petition 7851
of a candidate has been accepted for filing by a board of 7852
elections, the petition shall not be deemed invalid if, upon 7853
verification of signatures contained in the petition, the board of 7854
elections finds the number of signatures accepted exceeds three 7855
times the minimum number of signatures required. A board of 7856
elections may discontinue verifying signatures when the number of 7857
verified signatures on a petition equals the minimum required 7858
number of qualified signatures. 7859

       Any nonjudicial candidate who files a nominating petition may 7860
request, at the time of filing, that the candidate be designated 7861
on the ballot as a nonparty candidate or as an other-party 7862
candidate, or may request that the candidate's name be placed on 7863
the ballot without any designation. Any such candidate who fails 7864
to request a designation either as a nonparty candidate or as an 7865
other-party candidate shall have the candidate's name placed on 7866
the ballot without any designation. 7867

       The purpose of establishing a filing deadline for independent 7868
candidates prior to the primary election immediately preceding the 7869
general election at which the candidacy is to be voted on by the 7870
voters is to recognize that the state has a substantial and 7871
compelling interest in protecting its electoral process by 7872
encouraging political stability, ensuring that the winner of the 7873
election will represent a majority of the community, providing the 7874
electorate with an understandable ballot, and enhancing voter 7875
education, thus fostering informed and educated expressions of the 7876
popular will in a general election. The filing deadline for 7877
independent candidates required in this section prevents 7878
splintered parties and unrestrained factionalism, avoids political 7879
fragmentation, and maintains the integrity of the ballot. The 7880
deadline, one day prior to the primary election, is the least 7881
drastic or restrictive means of protecting these state interests. 7882
The general assembly finds that the filing deadline for 7883
independent candidates in primary elections required in this 7884
section is reasonably related to the state's purpose of ensuring 7885
fair and honest elections while leaving unimpaired the political, 7886
voting, and associational rights secured by the first and 7887
fourteenth amendments to the United States Constitution. 7888

       Sec. 3513.259. Nominations of candidates for the office of 7889
member of the state board of education shall be made only by 7890
nominating petition. The nominating petition of a candidate for 7891
the office of member of the state board of education shall be 7892
signed by not less than one hundred qualified electors. 7893

       No such nominating petition shall be accepted for filing if 7894
it appears on its face to contain signatures aggregating in number 7895
more than three times the minimum number of signatures required by 7896
this section. A board of elections shall not accept for filing a 7897
nominating petition of a person if that person, for the same 7898
election, has already filed a declaration of candidacy, a 7899
declaration of intent to be a write-in candidate, or a nominating 7900
petition, or has become a candidate through party nomination at a 7901
primary election or by the filling of a vacancy under section 7902
3513.30 or 3513.31 of the Revised Code, to be a candidate for any 7903
other state office or any ~~federal or~~federal or county office. 7904
When a petition of a candidate has been accepted for filing by a 7905
board of elections, the petition shall not be deemed invalid if, 7906
upon verification of signatures contained in the petition, the 7907
board of elections finds the number of signatures accepted exceeds 7908
three times the minimum number of signatures required. A board of 7909
elections may discontinue verifying signatures when the number of 7910
verified signatures equals the minimum required number of 7911
signatures. Such petition shall be filed with the board of 7912
elections of the most populous county in such district not later 7913
than four p.m. of the seventy-fifth day before the day of the 7914
general election at which state board of education members are 7915
elected. 7916

       Each nominating petition shall be signed by qualified 7917
electors residing in the district in which the candidate 7918
designated therein would be a candidate for election to the office 7919
of member of the state board of education. Each candidate shall be 7920
a qualified elector residing in the district in which the 7921
candidate seeks election to such office. 7922

       As the word "district" is used in this section, it refers to 7923
a district created under section 3301.01 of the Revised Code. 7924

       Sec. 3513.261. A nominating petition may consist of one or 7925
more separate petition papers, each of which shall be 7926
substantially in the form prescribed in this section. If the 7927
petition consists of more than one separate petition paper, the 7928
statement of candidacy of the candidate or joint candidates named 7929
need be signed by the candidate or joint candidates on only one of 7930
such separate petition papers, but the statement of candidacy so 7931
signed shall be copied on each other separate petition paper 7932
before the signatures of electors are placed on it. Each 7933
nominating petition containing signatures of electors of more than 7934
one county shall consist of separate petition papers each of which 7935
shall contain signatures of electors of only one county; provided 7936
that petitions containing signatures of electors of more than one 7937
county shall not thereby be declared invalid. In case petitions 7938
containing signatures of electors of more than one county are 7939
filed, the board of elections shall determine the county from 7940
which the majority of the signatures came, and only signatures 7941
from this county shall be counted. Signatures from any other 7942
county shall be invalid. 7943

       All signatures on nominating petitions shall be written in 7944
ink or indelible pencil. 7945

       At the time of filing a nominating petition, the candidate 7946
designated in the nominating petition, and joint candidates for 7947
governor and lieutenant governor, shall pay to the election 7948
officials with whom it is filed the fees specified for the office 7949
under divisions (A) and (B) of section 3513.10 of the Revised 7950
Code. The fees shall be disposed of by those election officials in 7951
the manner that is provided in section 3513.10 of the Revised Code 7952
for the disposition of other fees, and in no case shall a fee 7953
required under that section be returned to a candidate. 7954

       Candidates or joint candidates whose names are written on the 7955
ballot, and who are elected, shall pay the same fees under section 7956
3513.10 of the Revised Code that candidates who file nominating 7957
petitions pay. Payment of these fees shall be a condition 7958
precedent to the granting of their certificates of election. 7959

       Each nominating petition shall contain a statement of 7960
candidacy that shall be signed by the candidate or joint 7961
candidates named in it or by an attorney in fact acting pursuant 7962
to section 3501.382 of the Revised Code. Such statement of 7963
candidacy shall contain a declaration made under penalty of 7964
election falsification that the candidate desires to be a 7965
candidate for the office named in it, and that the candidate is an 7966
elector qualified to vote for the office the candidate seeks. 7967

       The form of the nominating petition and statement of 7968
candidacy shall be substantially as follows: 7969

"STATEMENT OF CANDIDACY 7970

       I, ................................... (Name of candidate), 7971
the undersigned, hereby declare under penalty of election 7972
falsification that my voting residence is in ................ 7973
.......... Precinct of the ......................... (Township) or 7974
(Ward and City, or Village) in the county of ............... Ohio; 7975
that my post-office address is ............................ 7976
(Street and Number, if any, or Rural Route and Number) of the 7977
............................... (City, Village, or post office) of 7978
...................., Ohio; and that I am a qualified elector in 7979
the precinct in which my voting residence is located. I hereby 7980
declare that I desire to be a candidate for election to the office 7981
of .............. in the ........................ (State, 7982
District, County, City, Village, Township, or School District) for 7983
the ...................................... (Full term or unexpired 7984
term ending ................) at the General Election to be held 7985
on the ........... day of ..............., .... 7986

       I further declare that I am an elector qualified to vote for 7987
the office I seek. Dated this ....... day of .............., .... 7988

7989

(Signature of candidate) 7990

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 7991
OF THE FIFTH DEGREE. 7992

       I, ................................., hereby constitute the 7993
persons named below a committee to represent me: 7994

Name Residence 7995
7996
7997
7998
7999
8000

NOMINATING PETITION 8001

       We, the undersigned, qualified electors of the state of Ohio, 8002
whose voting residence is in the County, City, Village, Ward, 8003
Township or Precinct set opposite our names, hereby nominate 8004
.................... as a candidate for election to the office of 8005
........................... in the ............................ 8006
(State, District, County, City, Village, Township, or School 8007
District) for the ................. (Full term or unexpired term 8008
ending ...................) to be voted for at the general 8009
election next hereafter to be held, and certify that this person 8010
is, in our opinion, well qualified to perform the duties of the 8011
office or position to which the person desires to be elected. 8012

8013
Street 8014
Address 8015
or R.F.D. 8016
(Must use 8017
address on City, 8018
file with Village 8019
the board of or Date of 8020
Signature elections) Township Ward Precinct County Signing 8021
8022
8023
8024
8025

..........................., declares under penalty of election 8026
falsification that such person is a qualified elector of the state 8027
of Ohio and resides at the address appearing below such person's 8028
signature hereto; that such person is the circulator of the 8029
foregoing petition paper containing ................ signatures; 8030
that such person witnessed the affixing of every signature; that 8031
all signers were to the best of such person's knowledge and belief 8032
qualified to sign; and that every signature is to the best of such 8033
person's knowledge and belief the signature of the person whose 8034
signature it purports to be or of an attorney in fact acting 8035
pursuant to section 3501.382 of the Revised Code. 8036

8037

(Signature of circulator) 8038

8039

(Address) 8040
8041
(If petition is for a statewide 8042
candidate, the name and address 8043
of person employing circulator 8044
to circulate petition, if any) 8045

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 8046
OF THE FIFTH DEGREE." 8047

       The secretary of state shall prescribe a form of nominating 8048
petition for a group of candidates for the office of member of a 8049
board of education, township office, and offices of municipal 8050
corporations of under two thousand population. 8051

       The secretary of state shall prescribe a form of statement of 8052
candidacy and nominating petition, which shall be substantially 8053
similar to the form of statement of candidacy and nominating 8054
petition set forth in this section, that will be suitable for 8055
joint candidates for the offices of governor and lieutenant 8056
governor. 8057

       If such petition nominates a candidate whose election is to 8058
be determined by the electors of a county or a district or 8059
subdivision within the county, it shall be filed with the board of 8060
such county. If the petition nominates a candidate whose election 8061
is to be determined by the voters of a subdivision located in more 8062
than one county, it shall be filed with the board of the county in 8063
which the major portion of the population of such subdivision is 8064
located. 8065

       If the petition nominates a candidate whose election is to be 8066
determined by the electors of a district comprised of more than 8067
one county but less than all of the counties of the state, it 8068
shall be filed with the board of elections of the most populous 8069
county in such district. If the petition nominates a candidate 8070
whose election is to be determined by the electors of the state at 8071
large, it shall be filed with the secretary of state. 8072

       The secretary of state or a board of elections shall not 8073
accept for filing a nominating petition of a person seeking to 8074
become a candidate if that person, for the same election, has 8075
already filed a declaration of candidacy, a declaration of intent 8076
to be a write-in candidate, or a nominating petition, or has 8077
become a candidate through party nomination at a primary election 8078
or by the filling of a vacancy under section 3513.30 or 3513.31 of 8079
the Revised Code for any ~~federal,~~federal, state,, or county 8080
office, if the nominating petition is for a state or county 8081
office, or for any municipal or township office, for member of a 8082
city, local, or exempted village board of education, or for member 8083
of a governing board of an educational service center, if the 8084
nominating petition is for a municipal or township office, or for 8085
member of a city, local, or exempted village board of education, 8086
or for member of a governing board of an educational service 8087
center. 8088

       Sec. 3513.30. (A)(1) ~~Where~~If only one valid declaration of 8089
candidacy is filed for nomination as a candidate of a political 8090
party for an office and ~~such~~that candidate dies prior to the 8091
tenth day before the primary election, both of the following may 8092
occur: 8093

       (a) The political party whose candidate died may fill the 8094
vacancy so created as provided in division (A)(2) of this section. 8095

       (b) Any major political party other than the one whose 8096
candidate died may select a candidate as provided in division 8097
(A)(2) of this section under either of the following 8098
circumstances: 8099

       (i) No person has filed a valid declaration of candidacy for 8100
nomination as that party's candidate at the primary election. 8101

       (ii) Only one person has filed a valid declaration of 8102
candidacy for nomination as that party's candidate at the primary 8103
election, that person has withdrawn, died, or been disqualified 8104
under section 3513.052 of the Revised Code, and the vacancy so 8105
created has not been filled. 8106

       (2) A vacancy may be filled under division (A)(1)(a) and a 8107
selection may be made under division (A)(1)(b) of this section by 8108
the appropriate committee of the political party in the same 8109
manner as provided in divisions (A) to (E) of section 3513.31 of 8110
the Revised Code for the filling of similar vacancies created by 8111
withdrawals or disqualifications under section 3513.052 of the 8112
Revised Code after the primary election, except that the 8113
certification required under that section may not be filed with 8114
the secretary of state, or with a board of the most populous 8115
county of a district, or with the board of a county in which the 8116
major portion of the population of a subdivision is located, later 8117
than four p.m. of the tenth day before the day of such primary 8118
election, or with any other board later than four p.m. of the 8119
fifth day before the day of such primary election. 8120

       (3) If only one valid declaration of candidacy is filed for 8121
nomination as a candidate of a political party for an office and 8122
that candidate dies on or after the tenth day before the day of 8123
the primary election, that candidate is considered to have 8124
received the nomination of that candidate's political party at 8125
that primary election, and, for purposes of filling the vacancy so 8126
created, that candidate's death shall be treated as if that 8127
candidate died on the day after the day of the primary election. 8128

       (B) Any person filing a declaration of candidacy may withdraw 8129
as such candidate at any time prior to the primary election, or, 8130
if the primary election is a presidential primary election, at any 8131
time prior to the fiftieth day before the presidential primary 8132
election. The withdrawal shall be effected and the statement of 8133
withdrawal shall be filed in accordance with the procedures 8134
prescribed in division (D) of this section for the withdrawal of 8135
persons nominated in a primary election or by nominating petition. 8136

       (C) A person who is the first choice for president of the 8137
United States by a candidate for delegate or alternate to a 8138
national convention of a political party may withdraw consent for 8139
the selection of the person as such first choice no later than 8140
four p.m. of the thirtieth day before the day of the presidential 8141
primary election. Withdrawal of consent shall be for the entire 8142
slate of candidates for delegates and alternates who named such 8143
person as their presidential first choice and shall constitute 8144
withdrawal from the primary election by such delegates and 8145
alternates. The withdrawal shall be made in writing and delivered 8146
to the secretary of state. ~~The~~If the withdrawal is delivered to 8147
the secretary of state on or before the sixtieth day before the 8148
day of the primary election, or, if the election is a presidential 8149
primary election, on or before the forty-fifth day before the day 8150
of the presidential primary election, the boards of elections 8151
shall remove both the name of the withdrawn first choice and the 8152
names of such withdrawn candidates from the ballots ~~to the extent~~ 8153
~~practicable in the time remaining before the election and~~ 8154
according to the directions of the secretary of state. If the 8155
withdrawal is delivered to the secretary of state after the 8156
sixtieth day before the day of the primary election, or, if the 8157
election is a presidential primary election, after the forty-fifth 8158
day before the day of the presidential primary election, the board 8159
of elections shall not remove the name of the withdrawn first 8160
choice and the names of the withdrawn candidates from the ballots. 8161
The board of elections shall post a notice at each polling 8162
location on the day of the primary election, and shall enclose 8163
with each absent voter's ballot given or mailed after the 8164
candidate withdraws, a notice that votes for the withdrawn first 8165
choice or the withdrawn candidates will be void and will not be 8166
counted. If such names are not removed from all ballots before the 8167
day of the election, the votes for the withdrawn first choice or 8168
the withdrawn candidates are void and shall not be counted. 8169

       (D) Any person nominated in a primary election or by 8170
nominating petition as a candidate for election at the next 8171
general election may withdraw as such candidate at any time prior 8172
to the general election. Such withdrawal may be effected by the 8173
filing of a written statement by such candidate announcing the 8174
candidate's withdrawal and requesting that the candidate's name 8175
not be printed on the ballots. If such candidate's declaration of 8176
candidacy or nominating petition was filed with the secretary of 8177
state, the candidate's statement of withdrawal shall be addressed 8178
to and filed with the secretary of state. If such candidate's 8179
declaration of candidacy or nominating petition was filed with a 8180
board of elections, the candidate's statement of withdrawal shall 8181
be addressed to, and filed with such board. 8182

       (E) When a person withdraws under division (B) or (D) of this 8183
section on or before the sixtieth day before the day of the 8184
primary election, or, if the election is a presidential primary 8185
election, on or before the forty-fifth day before the day of the 8186
presidential primary election, the board of elections shall remove 8187
the name of the withdrawn candidate from the ballots ~~to the extent~~ 8188
~~practicable in the time remaining before the election and~~ 8189
according to the directions of the secretary of state. When a 8190
person withdraws under division (B) or (D) of this section after 8191
the sixtieth day before the day of the primary election, or, if 8192
the election is a presidential primary election, after the 8193
forty-fifth day before the day of the presidential primary 8194
election, the board of elections shall not remove the name of the 8195
withdrawn candidate from the ballots. The board of elections shall 8196
post a notice at each polling place on the day of the primary 8197
election, and shall enclose with each absent voter's ballot given 8198
or mailed after the candidate withdraws, a notice that votes for 8199
the withdrawn candidate will be void and will not be counted. If 8200
the name is not removed from all ballots before the day of the 8201
election, the votes for the withdrawn candidate are void and shall 8202
not be counted. 8203

       Sec. 3515.03. Each application for recount shall separately 8204
list each precinct as to which a recount of the votes ~~therein~~ is 8205
requested, and the person filing anthe application shall, at the 8206
same time, deposit with the board of elections ~~ten~~fifty dollars 8207
in currency, bank money order, bank cashier's check, or certified 8208
check for each precinct so listed ~~in such application~~ as security 8209
for the payment of charges for making the recount ~~therein~~ applied 8210
for, which charges shall be fixed by the board as provided in 8211
section 3515.07 of the Revised Code. 8212

       Upon the filing of an application, or upon declaration by the 8213
board or secretary of state that the number of votes cast in any 8214
election for the declared winning nominee, candidate, question, or 8215
issue does not exceed the number of votes cast for the defeated 8216
nominee, candidate, question, or issue, by the margins set forth 8217
in section 3515.011 of the Revised Code, the board shall promptly 8218
fix the time, method, and the place at which the recount will be 8219
made, which time shall be not later than ten days after the day 8220
upon which such application is filed or such declaration is made. 8221
If the recount involves a candidate for election to an office 8222
comprising more than one county, the director of the board shall 8223
promptly mail notice of the time and place for such recount to the 8224
board of the most populous county of the district. If the contest 8225
involves a state office, the director shall promptly notify the 8226
secretary of state of the filing for such recount. 8227

       The director of the board shall mail notice of the time and 8228
place so fixed to any applicant and to each person for whom votes 8229
were cast for such nomination or election. Such notice shall be 8230
mailed by certified mail not later than the fifth day before the 8231
day fixed for the commencement of the recount. Persons entitled to 8232
have such notice mailed to them may waive their right to have it 8233
mailed by filing with the director a written waiver to that 8234
effect. Each person entitled to receive such notice may attend and 8235
~~witness~~observe the recount and may have any person whom the 8236
candidate designates attend and ~~witness~~observe the recount. At 8237
any time after a winning nominee or candidate is declared but 8238
before the time for a recount pursuant to section 3515.011 of the 8239
Revised Code commences, the declared losing nominee or candidate 8240
may file with the board a written request to stop the recount from 8241
commencing. In the case of more than one declared losing candidate 8242
or nominee, each of whom is entitled to a recount pursuant to 8243
section 3515.011 of the Revised Code, each such declared losing 8244
candidate or nominee must file with the board such written request 8245
to stop the recount from commencing. The board shall grant such 8246
request and shall not commence the recount. 8247

       In the case of a recount of votes cast upon a question or 8248
issue, any group of five or more qualified electors, who voted 8249
upon such question or issue and whose votes were in opposition to 8250
the votes of the members of the group of electors who applied for 8251
~~such~~the recount, or for whom ~~such~~the recount was required by 8252
section 3515.011 of the Revised Code, may file with the board a 8253
written statement to that effect, shall designate ~~therein~~in it 8254
one of their number as ~~chairman~~chairperson of such group ~~and~~, may 8255
appoint an attorney at law as their legal counsel, and may request 8256
that the persons so designated be permitted to attend and ~~witness~~ 8257
observe the recount. Thereupon, the persons so designated may 8258
attend and ~~witness~~observe the recount. 8259

       Sec. 3515.04. At the time and place fixed for making a 8260
recount, the board of elections, in the presence of all ~~witnesses~~ 8261
observers who may be in attendance, shall open the sealed 8262
containers containing the ballots to be recounted, and shall 8263
recount them. If a county used punch card ballots and if a chad is 8264
attached to a punch card ballot by three or four corners, the 8265
voter shall be deemed by the board not to have recorded a 8266
candidate, question, or issue choice at the particular position on 8267
the ballot, and a vote shall not be counted at that particular 8268
position on the ballot in the recount. Ballots shall be handled 8269
only by the members of the board or by the director or other 8270
employees of the board. ~~Witnesses~~Observers shall be permitted to 8271
see the ballots, but they shall not be permitted to touch them, 8272
and the board shall not permit the counting or tabulation of votes 8273
shown on the ballots for any nomination, or for election to any 8274
office or position, or upon any question or issue, other than the 8275
votes shown on such ballots for the nomination, election, 8276
question, or issue concerning which a recount of ballots was 8277
applied for. 8278

       At any time before the ballots from all of the precincts 8279
listed in an application for the recount or involved in a recount 8280
pursuant to section 3515.011 of the Revised Code have been 8281
recounted, the applicant or declared losing candidate or nominee 8282
or each of the declared losing candidates or nominees entitled to 8283
file a request prior to the commencement of a recount, as provided 8284
in section 3515.03 of the Revised Code, may file with the board a 8285
written request to stop the recount and not recount the ballots 8286
from the precincts so listed that have not been recounted prior to 8287
the time of the request. If, upon the request, the board finds 8288
that results of the votes in the precincts recounted, if 8289
substituted for the results of the votes in those precincts as 8290
shown in the abstract of the votes in those precincts, would not 8291
cause the applicant, if a person for whom votes were cast for 8292
nomination or election, to be declared nominated or elected or if 8293
an election upon a question or issue would not cause a result 8294
contrary to the result as declared prior to such recount, it shall 8295
grant the request and shall not recount the ballots of the 8296
precincts listed in the application for recount that have not been 8297
recounted prior to that time. If the board finds otherwise, it 8298
shall deny the request and shall continue to recount ballots until 8299
the ballots from all of the precincts listed in the application 8300
for recount have been recounted; provided that, if the request is 8301
denied, it may be renewed from time to time. Upon any such 8302
renewal, the board shall consider and act upon the request in the 8303
same manner as provided in this section in connection with an 8304
original request. 8305

       As used in this section, "chad" and "punch card ballot" have 8306
the same meanings as in section 3506.16 of the Revised Code. 8307

       Sec. 3515.041. As required by 3 U.S.C. 5, any recount of 8308
votes conducted under this chapter for the election of 8309
presidential electors shall be completed not later than six days 8310
before the time fixed under federal law for the meeting of those 8311
presidential electors. 8312

       Sec. 3515.07. The charges for making a recount of votes of 8313
precincts listed in an application for a recount filed with the 8314
board of elections shall be fixed by the board and shall include 8315
all expenses incurred by ~~such~~the board because of ~~such~~the 8316
application other than the regular operating expenses ~~which~~that 8317
the board would have incurred if the application had not been 8318
filed. The total amount of charges so fixed divided by the number 8319
of precincts listed in ~~such~~the application, the votes of which 8320
were recounted, shall be the charge per precinct for the recount 8321
of the votes of the precincts listed in ~~such~~the application, the 8322
votes of which were recounted; provided that the charges per 8323
precinct so fixed shall not be more than ~~ten nor~~fifty or less 8324
than five dollars for each precinct the votes of which were 8325
recounted. 8326

       Such charge per precinct shall be deducted by the board from 8327
the money deposited with the board by the applicant for the 8328
recount at the time of filing ~~his~~the application, and the balance 8329
of the money so deposited shall be returned to ~~such~~the applicant; 8330
provided that no such charge per precinct shall be deducted by the 8331
board from the money deposited for a recount of votes cast for a 8332
nomination or for an election to an office or position in any 8333
precinct, if the total number of votes cast in such precinct for 8334
the applicant, as recorded by ~~such~~the recount, is more than four 8335
per cent larger than the number of votes for ~~such~~the applicant in 8336
~~such~~that precinct recorded in the original certified abstract 8337
~~thereof~~, nor shall any charge per precinct be deducted for a 8338
recount of votes cast in any precinct upon a question or issue if 8339
the total number of votes in ~~such~~that precinct on the same side 8340
of ~~such~~that question or issue as the side represented by the 8341
applicant, as recorded by ~~such~~the recount, is more than four per 8342
cent larger than the number of votes in ~~such~~that precinct on the 8343
same side of ~~such~~that question or issue recorded in the original 8344
certified abstract ~~thereof~~. No such charge per precinct shall be 8345
deducted if upon the completion of a recount concerning a 8346
nomination or election the applicant is declared nominated or 8347
elected, or if upon the completion of a recount concerning a 8348
question or issue the result of ~~such~~that election is declared to 8349
be opposite to the original declaration of the result of ~~such~~that 8350
election. ~~All~~ 8351

       All moneys deposited with a board by an applicant shall be 8352
deposited in a special depository fund with the county treasurer. 8353
The expenses of the recount and refunds shall be paid from ~~said~~ 8354
that fund upon order of the board of elections. Any balance 8355
remaining in ~~such~~that fund shall be paid into the general fund of 8356
the county. 8357

       Sec. 3515.072. (A) In January of each odd-numbered year, the 8358
secretary of state, in accordance with this division and division 8359
(B) of this section, shall adjust each amount specified in 8360
sections 3515.03 and 3515.07 of the Revised Code. The adjustment 8361
shall be based on the yearly average of the previous two years of 8362
the Consumer Price Index for All Urban Consumers or its successive 8363
equivalent, as determined by the United States department of 8364
labor, bureau of labor statistics, or its successor in 8365
responsibility, for all items, Series A. Using the 2005 yearly 8366
average as the base year, the secretary of state shall compare the 8367
most current average consumer price index with that determined in 8368
the preceding odd-numbered year, and shall determine the 8369
percentage increase or decrease. The percentage increase or 8370
decrease shall be multiplied by each actual dollar figure 8371
specified in sections 3515.03 and 3515.07 of the Revised Code as 8372
determined in the previous odd-numbered year, and the product 8373
shall be added to or subtracted from its corresponding actual 8374
dollar figure, as necessary, for that previous odd-numbered year. 8375

       If the resulting amount is less than five dollars, the 8376
secretary of state shall retain a record of the resulting amount 8377
and the manner in which it was calculated, but shall not make an 8378
adjustment unless the resulting amount, when added to the 8379
resulting amount calculated in each prior odd-numbered year since 8380
the last adjustment was made, equals or exceeds five dollars. 8381

       (B)(1) The secretary of state shall calculate the adjustment 8382
under division (A) of this section and shall report the 8383
calculations and necessary materials to the auditor of state, on 8384
or before the thirty-first day of January of each odd-numbered 8385
year. The secretary of state shall base the adjustment on the most 8386
current consumer price index that is described in division (A) of 8387
this section and that is in effect as of the first day of January 8388
of each odd-numbered year. 8389

       (2) The calculations made by the secretary of state under 8390
divisions (A) and (B)(1) of this section shall be certified by the 8391
auditor of state on or before the fifteenth day of February of 8392
each odd-numbered year. 8393

       (3) On or before the twenty-fifth day of February of each 8394
odd-numbered year, the secretary of state shall prepare a report 8395
setting forth the amount required to be deposited with a board of 8396
elections at the time a recount application is filed for each 8397
precinct to be recounted under section 3515.03 of the Revised Code 8398
and the minimum and maximum per precinct charge for a recount 8399
under section 3515.07 of the Revised Code. The report and all 8400
documents relating to the calculations contained in the report are 8401
public records. The report shall contain an indication of the 8402
period in which the deposit amounts and the minimum and maximum 8403
per precinct charges apply, a summary of how the deposit amounts 8404
and the minimum and maximum per precinct charges were calculated, 8405
and a statement that the report and all related documents are 8406
available for inspection and copying at the office of the 8407
secretary of state. 8408

       (4) On or before the twenty-fifth day of February of each 8409
odd-numbered year, the secretary of state shall transmit the 8410
report to the general assembly and shall send the report by 8411
electronic mail or other form of electronic communication to the 8412
board of elections of each county. 8413

       Sec. 3515.08. ~~The~~(A) Except as otherwise provided in this 8414
division, the nomination or election of any person to any public 8415
office or party position or the approval or rejection of any issue 8416
or question, submitted to the voters, may be contested by 8417
qualified electors of the state or a political subdivision. The 8418
nomination or election of any person to any federal office, 8419
including the office of elector for president and vice president 8420
and the office of member of congress, shall not be subject to a 8421
contest of election conducted under this chapter. Contests of the 8422
nomination or election of any person to any federal office shall 8423
be conducted in accordance with the applicable provisions of 8424
federal law. 8425

       (B) In the case of an office to be filled or an issue to be 8426
determined by the voters of the entire state, or ~~for the office of~~ 8427
~~members of congress, or~~ for judicial offices higher than that of 8428
court of common pleas, or for an office to be filled or an issue 8429
to be determined by the voters of a district larger than a county, 8430
~~said~~a contest shall be heard and determined by the chief justice 8431
of the supreme court or a justice of the supreme court assigned 8432
for that purpose by the chief justice; except that, in a contest 8433
for the office of chief justice of the supreme court, ~~such~~the 8434
contest shall be heard by a justice of ~~such~~the supreme court 8435
designated by the governor. 8436

       (C) In the case of all other offices or issues, except 8437
judicial offices, ~~such~~ contests shall be heard and determined by a 8438
judge of the court of common pleas of the county in which the 8439
contest arose. In the case of a contest for a judicial office 8440
within a county, ~~such~~the contest shall be heard by the court of 8441
appeals of the district in which ~~such~~that county is located. If 8442
any contestant alleges prejudice on the part of the judges of the 8443
court of appeals or the court of common pleas, assigned to hear 8444
~~such appeal~~a contest, ~~then~~ the chief justice of the supreme 8445
court, upon application of any such ~~contestants~~contestant and for 8446
good cause shown, may assign judges from another court to hear 8447
~~such~~the contest. 8448

       Sec. 3515.13. If any contest of election involves a recount 8449
of the ballots in any precincts, the court shall immediately order 8450
the ballots of the precincts in which the recount is demanded to 8451
be sent to the court in such manner as the court designates, and 8452
such court may appoint two master commissioners of opposite 8453
political parties to supervise the making of the recount. The 8454
attorneys representing the contestor and the prosecuting attorney 8455
of the county or the attorney general or one of ~~his~~the attorney 8456
general's assistants representing the contestee shall be present 8457
at all hearings on such recount. Such commissioners shall receive 8458
ten dollars each per day and their actual traveling expenses when 8459
approved by the presiding judges. The compensation of such clerks 8460
as are deemed necessary by the court shall be determined by the 8461
court on the basis of similar compensation in other public offices 8462
for like work. Both the contestor and contestee may appoint one 8463
~~inspector~~observer who shall be allowed to see all ballots and 8464
tally sheets and ~~witness~~observe the recount. If the court finds 8465
that the difference in the count from the original count by the 8466
election authorities was the result of fraud, gross negligence, or 8467
willfulness on the part of any election officer or other person, 8468
~~such~~the court shall forthwith transmit a copy of its decision and 8469
of the evidence to the prosecuting attorney of the county ~~wherein~~ 8470
~~such~~in which the fraud or gross negligence was found with 8471
directions to present the same to the next grand jury in the 8472
county or to the attorney general, in the case of state or federal 8473
offices, with directions to prosecute the cases on behalf of the 8474
state. 8475

       Sec. 3517.01. (A)(1) A political party within the meaning of 8476
Title XXXV of the Revised Code is any group of voters that, at the 8477
most recent regular state election, polled for its candidate for 8478
governor in the state or nominees for presidential electors at 8479
least five per cent of the entire vote cast for that office or 8480
that filed with the secretary of state, subsequent to any election 8481
in which it received less than five per cent of that vote, a 8482
petition signed by qualified electors equal in number to at least 8483
one per cent of the total vote for governor or nominees for 8484
presidential electors at the most recent election, declaring their 8485
intention of organizing a political party, the name of which shall 8486
be stated in the declaration, and of participating in the 8487
succeeding primary election, held in even-numbered years, that 8488
occurs more than one hundred twenty days after the date of filing. 8489
No such group of electors shall assume a name or designation that 8490
is similar, in the opinion of the secretary of state, to that of 8491
an existing political party as to confuse or mislead the voters at 8492
an election. If any political party fails to cast five per cent of 8493
the total vote cast at an election for the office of governor or 8494
president, it shall cease to be a political party. 8495

       (2) A campaign committee shall be legally liable for any 8496
debts, contracts, or expenditures incurred or executed in its 8497
name. 8498

       (B) Notwithstanding the definitions found in section 3501.01 8499
of the Revised Code, as used in this section and sections 3517.08 8500
to 3517.14, 3517.99, and 3517.992 of the Revised Code: 8501

       (1) "Campaign committee" means ~~an entity that is formed by~~ a 8502
candidate or a combination of two or more persons authorized by a 8503
candidate under section 3517.081 of the Revised Code to receive 8504
contributions and make expenditures ~~and that is legally liable for~~ 8505
~~any debts, contracts, or expenditures incurred or executed in its~~ 8506
~~name~~. 8507

       (2) "Campaign treasurer" means an individual appointed by a 8508
candidate under section 3517.081 of the Revised Code. 8509

       (3) "Candidate" has the same meaning as in division (H) of 8510
section 3501.01 of the Revised Code and also includes any person 8511
who, at any time before or after an election, receives 8512
contributions or makes expenditures or other use of contributions, 8513
has given consent for another to receive contributions or make 8514
expenditures or other use of contributions, or appoints a campaign 8515
treasurer, for the purpose of bringing about the person's 8516
nomination or election to public office. When two persons jointly 8517
seek the offices of governor and lieutenant governor, "candidate" 8518
means the pair of candidates jointly. "Candidate" does not include 8519
candidates for election to the offices of member of a county or 8520
state central committee, presidential elector, and delegate to a 8521
national convention or conference of a political party. 8522

       (4) "Continuing association" means an association, other than 8523
a campaign committee, political party, legislative campaign fund, 8524
political contributing entity, or labor organization, that is 8525
intended to be a permanent organization that has a primary purpose 8526
other than supporting or opposing specific candidates, political 8527
parties, or ballot issues, and that functions on a regular basis 8528
throughout the year. "Continuing association" includes 8529
organizations that are determined to be not organized for profit 8530
under subsection 501 and that are described in subsection 8531
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code. 8532

       (5) "Contribution" means a loan, gift, deposit, forgiveness 8533
of indebtedness, donation, advance, payment, or transfer of funds 8534
or anything of value, including a transfer of funds from an inter 8535
vivos or testamentary trust or decedent's estate, and the payment 8536
by any person other than the person to whom the services are 8537
rendered for the personal services of another person, which 8538
contribution is made, received, or used for the purpose of 8539
influencing the results of an election. Any loan, gift, deposit, 8540
forgiveness of indebtedness, donation, advance, payment, or 8541
transfer of funds or of anything of value, including a transfer of 8542
funds from an inter vivos or testamentary trust or decedent's 8543
estate, and the payment by any campaign committee, political 8544
action committee, legislative campaign fund, political party, 8545
political contributing entity, or person other than the person to 8546
whom the services are rendered for the personal services of 8547
another person, that is made, received, or used by a state or 8548
county political party, other than moneys a state or county 8549
political party receives from the Ohio political party fund 8550
pursuant to section 3517.17 of the Revised Code and the moneys a 8551
state or county political party may receive under sections 8552
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be 8553
considered to be a "contribution" for the purpose of section 8554
3517.10 of the Revised Code and shall be included on a statement 8555
of contributions filed under that section. 8556

       "Contribution" does not include any of the following: 8557

       (a) Services provided without compensation by individuals 8558
volunteering a portion or all of their time on behalf of a person; 8559

       (b) Ordinary home hospitality; 8560

       (c) The personal expenses of a volunteer paid for by that 8561
volunteer campaign worker; 8562

       (d) Any gift given to a state or county political party 8563
pursuant to section 3517.101 of the Revised Code. As used in 8564
division (B)(5)(d) of this section, "political party" means only a 8565
major political party; 8566

       (e) Any contribution as defined in section 3517.1011 of the 8567
Revised Code that is made, received, or used to pay the direct 8568
costs of producing or airing an electioneering communication; 8569

       (f) Any gift given to a state or county political party for 8570
the party's restricted fund under division (A)(2) of section 8571
3517.1012 of the Revised Code; 8572

       (g) Any gift given to a state political party for deposit in 8573
a Levin account pursuant to section 3517.1013 of the Revised Code. 8574
As used in this division, "Levin account" has the same meaning as 8575
in that section. 8576

       (6) "Expenditure" means the disbursement or use of a 8577
contribution for the purpose of influencing the results of an 8578
election or of making a charitable donation under division (G) of 8579
section 3517.08 of the Revised Code. Any disbursement or use of a 8580
contribution by a state or county political party is an 8581
expenditure and shall be considered either to be made for the 8582
purpose of influencing the results of an election or to be made as 8583
a charitable donation under division (G) of section 3517.08 of the 8584
Revised Code and shall be reported on a statement of expenditures 8585
filed under section 3517.10 of the Revised Code. During the thirty 8586
days preceding a primary or general election, any disbursement to 8587
pay the direct costs of producing or airing a broadcast, cable, or 8588
satellite communication that refers to a clearly identified 8589
candidate shall be considered to be made for the purpose of 8590
influencing the results of that election and shall be reported as 8591
an expenditure or as an independent expenditure under section 8592
3517.10 or 3517.105 of the Revised Code, as applicable, except 8593
that the information required to be reported regarding 8594
contributors for those expenditures or independent expenditures 8595
shall be the same as the information required to be reported under 8596
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code. 8597

       As used in this division, "broadcast, cable, or satellite 8598
communication" and "refers to a clearly identified candidate" have 8599
the same meanings as in section 3517.1011 of the Revised Code. 8600

       (7) "Personal expenses" includes, but is not limited to, 8601
ordinary expenses for accommodations, clothing, food, personal 8602
motor vehicle or airplane, and home telephone. 8603

       (8) "Political action committee" means a combination of two 8604
or more persons, the primary or major purpose of which is to 8605
support or oppose any candidate, political party, or issue, or to 8606
influence the result of any election through express advocacy, and 8607
that is not a political party, a campaign committee, a political 8608
contributing entity, or a legislative campaign fund. "Political 8609
action committee" does not include aeither of the following: 8610

       (a) A continuing association that makes disbursements for the 8611
direct costs of producing or airing electioneering communications 8612
and that does not engage in express advocacy; 8613

       (b) A political club that is formed primarily for social 8614
purposes and that consists of one hundred members or less, has 8615
officers and periodic meetings, has less than two thousand five 8616
hundred dollars in its treasury at all times, and makes an 8617
aggregate total contribution of one thousand dollars per calendar 8618
year. 8619

       (9) "Public office" means any state, county, municipal, 8620
township, or district office, except an office of a political 8621
party, that is filled by an election and the offices of United 8622
States senator and representative. 8623

       (10) "Anything of value" has the same meaning as in section 8624
1.03 of the Revised Code. 8625

       (11) "Beneficiary of a campaign fund" means a candidate, a 8626
public official or employee for whose benefit a campaign fund 8627
exists, and any other person who has ever been a candidate or 8628
public official or employee and for whose benefit a campaign fund 8629
exists. 8630

       (12) "Campaign fund" means money or other property, including 8631
contributions. 8632

       (13) "Public official or employee" has the same meaning as in 8633
section 102.01 of the Revised Code. 8634

       (14) "Caucus" means all of the members of the house of 8635
representatives or all of the members of the senate of the general 8636
assembly who are members of the same political party. 8637

       (15) "Legislative campaign fund" means a fund that is 8638
established as an auxiliary of a state political party and 8639
associated with one of the houses of the general assembly. 8640

       (16) "In-kind contribution" means anything of value other 8641
than money that is used to influence the results of an election or 8642
is transferred to or used in support of or in opposition to a 8643
candidate, campaign committee, legislative campaign fund, 8644
political party, political action committee, or political 8645
contributing entity and that is made with the consent of, in 8646
coordination, cooperation, or consultation with, or at the request 8647
or suggestion of the benefited candidate, committee, fund, party, 8648
or entity. The financing of the dissemination, distribution, or 8649
republication, in whole or part, of any broadcast or of any 8650
written, graphic, or other form of campaign materials prepared by 8651
the candidate, the candidate's campaign committee, or their 8652
authorized agents is an in-kind contribution to the candidate and 8653
an expenditure by the candidate. 8654

       (17) "Independent expenditure" means an expenditure by a 8655
person advocating the election or defeat of an identified 8656
candidate or candidates, that is not made with the consent of, in 8657
coordination, cooperation, or consultation with, or at the request 8658
or suggestion of any candidate or candidates or of the campaign 8659
committee or agent of the candidate or candidates. As used in 8660
division (B)(17) of this section: 8661

       (a) "Person" means an individual, partnership, unincorporated 8662
business organization or association, political action committee, 8663
political contributing entity, separate segregated fund, 8664
association, or other organization or group of persons, but not a 8665
labor organization or a corporation unless the labor organization 8666
or corporation is a political contributing entity. 8667

       (b) "Advocating" means any communication containing a message 8668
advocating election or defeat. 8669

       (c) "Identified candidate" means that the name of the 8670
candidate appears, a photograph or drawing of the candidate 8671
appears, or the identity of the candidate is otherwise apparent by 8672
unambiguous reference. 8673

       (d) "Made in coordination, cooperation, or consultation with, 8674
or at the request or suggestion of, any candidate or the campaign 8675
committee or agent of the candidate" means made pursuant to any 8676
arrangement, coordination, or direction by the candidate, the 8677
candidate's campaign committee, or the candidate's agent prior to 8678
the publication, distribution, display, or broadcast of the 8679
communication. An expenditure is presumed to be so made when it is 8680
any of the following: 8681

       (i) Based on information about the candidate's plans, 8682
projects, or needs provided to the person making the expenditure 8683
by the candidate, or by the candidate's campaign committee or 8684
agent, with a view toward having an expenditure made; 8685

       (ii) Made by or through any person who is, or has been, 8686
authorized to raise or expend funds, who is, or has been, an 8687
officer of the candidate's campaign committee, or who is, or has 8688
been, receiving any form of compensation or reimbursement from the 8689
candidate or the candidate's campaign committee or agent; 8690

       (iii) Except as otherwise provided in division (D) of section 8691
3517.105 of the Revised Code, made by a political party in support 8692
of a candidate, unless the expenditure is made by a political 8693
party to conduct voter registration or voter education efforts. 8694

       (e) "Agent" means any person who has actual oral or written 8695
authority, either express or implied, to make or to authorize the 8696
making of expenditures on behalf of a candidate, or means any 8697
person who has been placed in a position with the candidate's 8698
campaign committee or organization such that it would reasonably 8699
appear that in the ordinary course of campaign-related activities 8700
the person may authorize expenditures. 8701

       (18) "Labor organization" means a labor union; an employee 8702
organization; a federation of labor unions, groups, locals, or 8703
other employee organizations; an auxiliary of a labor union, 8704
employee organization, or federation of labor unions, groups, 8705
locals, or other employee organizations; or any other bona fide 8706
organization in which employees participate and that exists for 8707
the purpose, in whole or in part, of dealing with employers 8708
concerning grievances, labor disputes, wages, hours, and other 8709
terms and conditions of employment. 8710

       (19) "Separate segregated fund" means a separate segregated 8711
fund established pursuant to the Federal Election Campaign Act. 8712

       (20) "Federal Election Campaign Act" means the "Federal 8713
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et 8714
seq., as amended. 8715

       (21) "Restricted fund" means the fund a state or county 8716
political party must establish under division (A)(1) of section 8717
3517.1012 of the Revised Code. 8718

       (22) "Electioneering communication" has the same meaning as 8719
in section 3517.1011 of the Revised Code. 8720

       (23) "Express advocacy" means a communication that contains 8721
express words advocating the nomination, election, or defeat of a 8722
candidate or that contains express words advocating the adoption 8723
or defeat of a question or issue, as determined by a final 8724
judgment of a court of competent jurisdiction. 8725

       (24) "Political committee" has the same meaning as in section 8726
3517.1011 of the Revised Code. 8727

       (25) "Political contributing entity" means any entity, 8728
including a corporation or labor organization, that may lawfully 8729
make contributions and expenditures and that is not an individual 8730
or a political action committee, continuing association, campaign 8731
committee, political party, legislative campaign fund, designated 8732
state campaign committee, or state candidate fund. For purposes of 8733
this division, "lawfully" means not prohibited by any section of 8734
the Revised Code, or authorized by a final judgment of a court of 8735
competent jurisdiction. 8736

       Sec. 3517.081. (A) Each candidate shall have no more than 8737
one campaign committee for purposes of receiving contributions and 8738
making expenditures. No campaign committee shall receive any 8739
contribution or make any expenditure other than through the 8740
campaign treasurer. The campaign treasurer shall file all 8741
statements required of a candidate or campaign committee under 8742
section 3517.10 of the Revised Code. 8743

       The candidate shall designate ~~himself~~the candidate or a 8744
member of ~~his~~the candidate's campaign committee as ~~his~~the 8745
candidate's campaign treasurer as required by division (D) of 8746
section 3517.10 of the Revised Code. The campaign treasurer may 8747
appoint deputy campaign treasurers as required. Deputy campaign 8748
treasurers may exercise any of the powers and duties of a campaign 8749
treasurer when specifically authorized to do so by the campaign 8750
treasurer or the candidate. 8751

       Each candidate shall file a written statement, as required by 8752
division (D) of section 3517.10 of the Revised Code, setting forth 8753
the full name and address of the campaign treasurer and also of 8754
each deputy treasurer. Each candidate shall file supplemental 8755
statements giving the full name and address of each deputy 8756
treasurer at the time of appointment. 8757

       A candidate may remove the campaign treasurer or any deputy 8758
campaign treasurer at any time. In the case of death, resignation, 8759
or removal of the treasurer or deputy treasurer before compliance 8760
with all obligations of a campaign treasurer, the candidate shall 8761
fill the vacancy thus created in the same manner as provided in 8762
the case of an original appointment. 8763

       (B)(1) Two or more candidates may be the beneficiaries of a 8764
single campaign committee if all of the following apply: 8765

        (a) Each candidate is seeking nomination or election to the 8766
same office at the same election. 8767

        (b) The office for which each candidate is seeking nomination 8768
or election is the office of member of a board, commission, or 8769
other similar body of elected officials to which multiple members 8770
are nominated or elected at the same election. 8771

        (c) The number of candidates who will be the beneficiaries of 8772
the campaign committee does not exceed the number of open 8773
positions on the board, commission, or other similar body of 8774
elected officials to which the candidates are seeking nomination 8775
or election. 8776

        (d) The candidates jointly designate one of the candidates or 8777
one member of the campaign committee as the treasurer of that 8778
campaign committee as required under division (A) of this section. 8779

        (e) The candidates jointly file the written statements 8780
required under division (A) of this section. 8781

        (2) Except as otherwise provided in this division, any 8782
penalty that may be imposed on a candidate under section 3517.992 8783
of the Revised Code for a violation of this chapter shall be 8784
imposed jointly and severally on each beneficiary of a 8785
multi-beneficiary campaign committee. If the Ohio elections 8786
commission or the appropriate prosecutor is able to determine that 8787
a specific beneficiary of a multi-beneficiary campaign committee 8788
violated this chapter, the applicable penalty under section 8789
3517.992 of the Revised Code shall be imposed only on that 8790
candidate and not on the other beneficiaries of that 8791
multi-beneficiary campaign committee. 8792

        (3)(a) If any of the following occur after a 8793
multi-beneficiary campaign committee is established, that campaign 8794
committee shall be terminated: 8795

        (i) The beneficiaries of the campaign committee disagree as 8796
to the designation or removal of a campaign treasurer. 8797

        (ii) Any beneficiary of the campaign committee desires to end 8798
the beneficiary's candidacy for the office for which the 8799
beneficiaries are seeking nomination or election. 8800

        (iii) Any beneficiary of the campaign committee desires to 8801
form an individual campaign committee. 8802

        (b) Prior to the termination of a multi-beneficiary campaign 8803
committee in accordance with division (B)(3)(a) of this section, 8804
any contributions received by that campaign committee that have 8805
not been expended shall be disposed of in the manner provided in 8806
division (C) of section 3517.109 of the Revised Code. No 8807
contributions from the multi-beneficiary campaign committee shall 8808
be contributed or transferred into any candidate's individual 8809
campaign committee. 8810

        (4) No candidate who has a campaign committee for which that 8811
candidate is the sole beneficiary shall become the beneficiary of 8812
a campaign committee with multiple beneficiaries under division 8813
(B)(1) of this section unless the candidate first terminates the 8814
candidate's individual campaign committee. Prior to the 8815
termination of that individual campaign committee, any 8816
contributions received by that campaign committee that have not 8817
been expended shall be disposed of in the manner provided in 8818
division (C) of section 3517.109 of the Revised Code. No 8819
contributions from the candidate's individual campaign committee 8820
shall be contributed or transferred into the multi-beneficiary 8821
campaign committee. 8822

       Sec. 3517.092. (A) As used in this section: 8823

       (1) "Appointing authority" has the same meaning as in section 8824
124.01 of the Revised Code. 8825

       (2) "State elected officer" means any person appointed or 8826
elected to a state elective office. 8827

       (3) "State elective office" means any of the offices of 8828
governor, lieutenant governor, secretary of state, auditor of 8829
state, treasurer of state, attorney general, member of the state 8830
board of education, member of the general assembly, and justice 8831
and chief justice of the supreme court. 8832

       (4) "County elected officer" means any person appointed or 8833
elected to a county elective office. 8834

       (5) "County elective office" means any of the offices of 8835
county auditor, county treasurer, clerk of the court of common 8836
pleas, sheriff, county recorder, county engineer, county 8837
commissioner, prosecuting attorney, and coroner. 8838

       (6) "Contribution" includes a contribution to any political 8839
party, campaign committee, political action committee, political 8840
contributing entity, or legislative campaign fund. 8841

       (7) "Municipal elected officer" means any person appointed or 8842
elected to a municipal elective office. 8843

       (8) "Municipal elective office" means any office of a 8844
municipal corporation to which persons are generally elected, 8845
notwithstanding the fact that a particular holder of that office 8846
may be appointed. 8847

       (9) "Township elected officer" means any person appointed or 8848
elected to a township elective office. 8849

       (10) "Township elective office" means any of the offices of 8850
member of a board of township trustees and township clerk. 8851

       (11) "Election cycle" means the period of time ending on the 8852
last day of December of the year in which the regular general 8853
election is held to elect candidates to the county elective 8854
office, municipal elective office, or township elective office for 8855
which the person is a current office holder or candidate and 8856
beginning on the applicable date determined as follows: 8857

       (a) For a current holder of that office who was elected at a 8858
regularly scheduled general election for that office, the first 8859
day of January of the year following the election in which that 8860
office was last on the ballot at a regular general election; 8861

       (b) For a current holder of that office who was appointed to 8862
that office, the date on which the person was appointed to that 8863
office; 8864

       (c) For any other candidate for that office, the latest of 8865
the following: 8866

       (i) The first day of January of the year following the 8867
general election in which the person was last a candidate for any 8868
office; 8869

       (ii) The first day of the month following the primary 8870
election in which the person was last a candidate for any office; 8871

       (iii) The first day of January of the year following the 8872
election in which that office was last on the ballot at a regular 8873
general election. 8874

       (d) Notwithstanding divisions (A)(11)(a), (b), and (c) of 8875
this section, the beginning date for any election period for any 8876
office shall be no earlier than the effective date of this 8877
amendment. 8878

       (12) "County employee" does not include any person appointed 8879
to a board, commission, or other public body of the county unless 8880
that person is otherwise employed by the county. 8881

       (13) "Municipal employee" does not include any person 8882
appointed to a board, commission, or other public body of the 8883
municipal corporation unless that person is otherwise employed by 8884
the municipal corporation. 8885

       (14) "Township employee" does not include any person 8886
appointed to a board, commission, or other public body of the 8887
township unless that person is otherwise employed by the township. 8888

       (B)(1) No state elected officer, no campaign committee of 8889
such an officer, and no other person or entity shall knowingly 8890
solicit or accept a contribution on behalf of that officer or that 8891
officer's campaign committee from any of the following: 8892

       ~~(1)~~(a) A state employee whose appointing authority is the 8893
state elected officer; 8894

       ~~(2)~~(b) A state employee whose appointing authority is 8895
authorized or required by law to be appointed by the state elected 8896
officer; 8897

       ~~(3)~~(c) A state employee who functions in or is employed in or 8898
by the same public agency, department, division, or office as the 8899
state elected officer. 8900

       ~~(C)~~(2) No candidate for a state elective office, no campaign 8901
committee of such a candidate, and no other person or entity shall 8902
knowingly solicit or accept a contribution on behalf of that 8903
candidate or that candidate's campaign committee from any of the 8904
following: 8905

       ~~(1)~~(a) A state employee at the time of the solicitation, 8906
whose appointing authority will be the candidate, if elected; 8907

       ~~(2)~~(b) A state employee at the time of the solicitation, 8908
whose appointing authority will be appointed by the candidate, if 8909
elected, as authorized or required by law; 8910

       ~~(3)~~(c) A state employee at the time of the solicitation, who 8911
will function in or be employed in or by the same public agency, 8912
department, division, or office as the candidate, if elected. 8913

       ~~(D)~~(C)(1) No county elected officer, no campaign committee of 8914
such an officer, and no other person or entity shall knowingly 8915
solicit any contribution or accept a contribution of more than two 8916
hundred dollars in an election cycle on behalf of that officer or 8917
that officer's campaign committee from any of the following: 8918

       ~~(1)~~(a) A county employee whose appointing authority is the 8919
county elected officer; 8920

       ~~(2)~~(b) A county employee whose appointing authority is 8921
authorized or required by law to be appointed solely by the county 8922
elected officer; 8923

       ~~(3)~~(c) A county employee who functions in or is employed in 8924
or by the same public agency, department, division, or office as 8925
the county elected officer. 8926

       ~~(E)~~(2) No candidate for a county elective office, no campaign 8927
committee of such a candidate, and no other person or entity shall 8928
knowingly solicit any contribution or accept a contribution of 8929
more than two hundred dollars in an election cycle on behalf of 8930
that candidate or that candidate's campaign committee from any of 8931
the following: 8932

       ~~(1)~~(a) A county employee at the time of the solicitation, 8933
whose appointing authority will be the candidate, if elected; 8934

       ~~(2)~~(b) A county employee at the time of the solicitation, 8935
whose appointing authority will be appointed by the candidate, if 8936
elected, as authorized or required by law; 8937

       ~~(3)~~(c) A county employee at the time of the solicitation, who 8938
will function in or be employed in or by the same public agency, 8939
department, division, or office as the candidate, if elected. 8940

       (D)(1) No municipal elected officer, no campaign committee of 8941
such an officer, and no other person or entity shall knowingly 8942
solicit any contribution or accept a contribution of more than two 8943
hundred dollars in an election cycle on behalf of that officer or 8944
that officer's campaign committee from any of the following: 8945

       (a) A municipal employee whose appointing authority is the 8946
municipal elected officer; 8947

       (b) A municipal employee whose appointing authority is 8948
authorized or required by law to be appointed solely by the 8949
municipal elected officer; 8950

       (c) A municipal employee who functions in or is employed in 8951
or by the same public agency, department, division, or office as 8952
the municipal elected officer. 8953

       (2) No candidate for a municipal elective office, no campaign 8954
committee of such a candidate, and no other person or entity shall 8955
knowingly solicit any contribution or accept a contribution of 8956
more than two hundred dollars in an election cycle on behalf of 8957
that candidate or that candidate's campaign committee from any of 8958
the following: 8959

       (a) A municipal employee at the time of the solicitation, 8960
whose appointing authority will be the candidate, if elected; 8961

       (b) A municipal employee at the time of the solicitation, 8962
whose appointing authority will be appointed by the candidate, if 8963
elected, as authorized or required by law; 8964

       (c) A municipal employee at the time of the solicitation, who 8965
will function in or be employed in or by the same public agency, 8966
department, division, or office as the candidate, if elected. 8967

       (E)(1) No township elected officer, no campaign committee of 8968
such an officer, and no other person or entity shall knowingly 8969
solicit any contribution or accept a contribution of more than two 8970
hundred dollars in an election cycle on behalf of that officer or 8971
that officer's campaign committee from any of the following: 8972

       (a) A township employee whose appointing authority is the 8973
township elected officer; 8974

       (b) A township employee whose appointing authority is 8975
authorized or required by law to be appointed solely by the 8976
township elected officer; 8977

       (c) A township employee who functions in or is employed in or 8978
by the same public agency, department, division, or office as the 8979
township elected officer. 8980

       (2) No candidate for a township elective office, no campaign 8981
committee of such a candidate, and no other person or entity shall 8982
knowingly solicit any contribution or accept a contribution of 8983
more than two hundred dollars in an election cycle on behalf of 8984
that candidate or that candidate's campaign committee from any of 8985
the following: 8986

       (a) A township employee at the time of the solicitation, 8987
whose appointing authority will be the candidate, if elected; 8988

       (b) A township employee at the time of the solicitation, 8989
whose appointing authority will be appointed by the candidate, if 8990
elected, as authorized or required by law; 8991

       (c) A township employee at the time of the solicitation, who 8992
will function in or be employed in or by the same public agency, 8993
department, division, or office as the candidate, if elected. 8994

       (F)(1) No public employee shall solicit a contribution from 8995
any person while the public employee is performing the public 8996
employee's official duties or in those areas of a public building 8997
where official business is transacted or conducted. 8998

       (2) No person shall solicit a contribution from any public 8999
employee while the public employee is performing the public 9000
employee's official duties or is in those areas of a public 9001
building where official business is transacted or conducted. 9002

       (3) As used in division (F) of this section, "public 9003
employee" does not include any person holding an elective office. 9004

       (G) The prohibitions in divisions (B), (C), (D), (E), and (F) 9005
of this section are in addition to the prohibitions in sections 9006
124.57, 3304.22, and 4503.032 of the Revised Code. 9007

       Sec. 3517.10. (A) Except as otherwise provided in this 9008
division, every campaign committee, political action committee, 9009
legislative campaign fund, political party, and political 9010
contributing entity that made or received a contribution or made 9011
an expenditure in connection with the nomination or election of 9012
any candidate or in connection with any ballot issue or question 9013
at any election held or to be held in this state shall file, on a 9014
form prescribed under this section or by electronic means of 9015
transmission as provided in this section and section 3517.106 of 9016
the Revised Code, a full, true, and itemized statement, made under 9017
penalty of election falsification, setting forth in detail the 9018
contributions and expenditures, not later than four p.m. of the 9019
following dates: 9020

       (1) The twelfth day before the election to reflect 9021
contributions received and expenditures made from the close of 9022
business on the last day reflected in the last previously filed 9023
statement, if any, to the close of business on the twentieth day 9024
before the election; 9025

       (2) The thirty-eighth day after the election to reflect the 9026
contributions received and expenditures made from the close of 9027
business on the last day reflected in the last previously filed 9028
statement, if any, to the close of business on the seventh day 9029
before the filing of the statement; 9030

       (3) The last business day of January of every year to reflect 9031
the contributions received and expenditures made from the close of 9032
business on the last day reflected in the last previously filed 9033
statement, if any, to the close of business on the last day of 9034
December of the previous year; 9035

       (4) The last business day of July of every year to reflect 9036
the contributions received and expenditures made from the close of 9037
business on the last day reflected in the last previously filed 9038
statement, if any, to the close of business on the last day of 9039
June of that year. 9040

       A campaign committee shall only be required to file the 9041
statements prescribed under divisions (A)(1) and (2) of this 9042
section in connection with the nomination or election of the 9043
committee's candidate. 9044

       The statement required under division (A)(1) of this section 9045
shall not be required of any campaign committee, political action 9046
committee, legislative campaign fund, political party, or 9047
political contributing entity that has received contributions of 9048
less than one thousand dollars and has made expenditures of less 9049
than one thousand dollars at the close of business on the 9050
twentieth day before the election. Those contributions and 9051
expenditures shall be reported in the statement required under 9052
division (A)(2) of this section. 9053

       If an election to select candidates to appear on the general 9054
election ballot is held within sixty days before a general 9055
election, the campaign committee of a successful candidate in the 9056
earlier election may file the statement required by division 9057
(A)(1) of this section for the general election instead of the 9058
statement required by division (A)(2) of this section for the 9059
earlier election if the pregeneral election statement reflects the 9060
status of contributions and expenditures for the period twenty 9061
days before the earlier election to twenty days before the general 9062
election. 9063

       If a person becomes a candidate less than twenty days before 9064
an election, the candidate's campaign committee is not required to 9065
file the statement required by division (A)(1) of this section. 9066

       No statement under division (A)(3) ~~or (4)~~ of this section 9067
shall be required for any year in which a campaign committee, 9068
political action committee, legislative campaign fund, political 9069
party, or political contributing entity is required to file a 9070
postgeneral election statement under division (A)(2) of this 9071
section. However, ~~such~~ a statement under division (A)(3) of this 9072
section may be filed, at the option of the campaign committee, 9073
political action committee, legislative campaign fund, political 9074
party, or political contributing entity. 9075

       No campaign committee of a candidate for the office of chief 9076
justice or justice of the supreme court, and no campaign committee 9077
of a candidate for the office of judge of any court in this state, 9078
shall be required to file a statement under division (A)(4) of 9079
this section. 9080

       Except as otherwise provided in this paragraph and in the 9081
next paragraph of this section, the only campaign committees 9082
required to file a statement under division (A)(4) of this section 9083
are the campaign committee of a statewide candidate and the 9084
campaign committee of a candidate for county office. The campaign 9085
committee of a candidate for any other nonjudicial office is 9086
required to file a statement under division (A)(4) of this section 9087
if that campaign committee receives, during that period, 9088
contributions exceeding ten thousand dollars. 9089

       No statement under division (A)(4) of this section shall be 9090
required of a campaign committee, a political action committee, a 9091
legislative campaign fund, a political party, or a political 9092
contributing entity for any year in which the campaign committee, 9093
political action committee, legislative campaign fund, political 9094
party, or political contributing entity is required to file a 9095
postprimary election statement under division (A)(2) of this 9096
section. However, a statement under division (A)(4) of this 9097
section may be filed at the option of the campaign committee, 9098
political action committee, legislative campaign fund, political 9099
party, or political contributing entity. 9100

       No statement under division (A)(3) or (4) of this section 9101
shall be required if the campaign committee, political action 9102
committee, legislative campaign fund, political party, or 9103
political contributing entity has no contributions that it has 9104
received and no expenditures that it has made since the last date 9105
reflected in its last previously filed statement. However, the 9106
campaign committee, political action committee, legislative 9107
campaign fund, political party, or political contributing entity 9108
shall file a statement to that effect, on a form prescribed under 9109
this section and made under penalty of election falsification, on 9110
the date required in division (A)(3) or (4) of this section, as 9111
applicable. 9112

       The campaign committee of a statewide candidate shall file a 9113
monthly statement of contributions received during each of the 9114
months of July, August, and September in the year of the general 9115
election in which the candidate seeks office. The campaign 9116
committee of a statewide candidate shall file the monthly 9117
statement not later than three business days after the last day of 9118
the month covered by the statement. During the period beginning on 9119
the nineteenth day before the general election in which a 9120
statewide candidate seeks election to office and extending through 9121
the day of that general election, each time the campaign committee 9122
of the joint candidates for the offices of governor and lieutenant 9123
governor or of a candidate for the office of secretary of state, 9124
auditor of state, treasurer of state, or attorney general receives 9125
a contribution from a contributor that causes the aggregate amount 9126
of contributions received from that contributor during that period 9127
to equal or exceed ten thousand dollars and each time the campaign 9128
committee of a candidate for the office of chief justice or 9129
justice of the supreme court receives a contribution from a 9130
contributor that causes the aggregate amount of contributions 9131
received from that contributor during that period to exceed ten 9132
thousand dollars, the campaign committee shall file a 9133
two-business-day statement reflecting that contribution. During 9134
the period beginning on the nineteenth day before a primary 9135
election in which a candidate for statewide office seeks 9136
nomination to office and extending through the day of that primary 9137
election, each time either the campaign committee of a statewide 9138
candidate in that primary election that files a notice under 9139
division (C)(1) of section 3517.103 of the Revised Code or the 9140
campaign committee of a statewide candidate in that primary 9141
election to which, in accordance with division (D) of section 9142
3517.103 of the Revised Code, the contribution limitations 9143
prescribed in section 3517.102 of the Revised Code no longer apply 9144
receives a contribution from a contributor that causes the 9145
aggregate amount of contributions received from that contributor 9146
during that period to exceed ten thousand dollars, the campaign 9147
committee shall file a two-business-day statement reflecting that 9148
contribution. Contributions reported on a two-business-day 9149
statement required to be filed by a campaign committee of a 9150
statewide candidate in a primary election shall also be included 9151
in the postprimary election statement required to be filed by that 9152
campaign committee under division (A)(2) of this section. A 9153
two-business-day statement required by this paragraph shall be 9154
filed not later than two business days after receipt of the 9155
contribution. The statements required by this paragraph shall be 9156
filed in addition to any other statements required by this 9157
section. 9158

       Subject to the secretary of state having implemented, tested, 9159
and verified the successful operation of any system the secretary 9160
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of 9161
this section and division (H)(1) of section 3517.106 of the 9162
Revised Code for the filing of campaign finance statements by 9163
electronic means of transmission, a campaign committee of a 9164
statewide candidate shall file a two-business-day statement under 9165
the preceding paragraph by electronic means of transmission if the 9166
campaign committee is required to file a pre-election, 9167
postelection, or monthly statement of contributions and 9168
expenditures by electronic means of transmission under this 9169
section or section 3517.106 of the Revised Code. 9170

       If a campaign committee or political action committee has no 9171
balance on hand and no outstanding obligations and desires to 9172
terminate itself, it shall file a statement to that effect, on a 9173
form prescribed under this section and made under penalty of 9174
election falsification, with the official with whom it files a 9175
statement under division (A) of this section after filing a final 9176
statement of contributions and a final statement of expenditures, 9177
if contributions have been received or expenditures made since the 9178
period reflected in its last previously filed statement. 9179

       (B) Except as otherwise provided in division (C)(7) of this 9180
section, each statement required by division (A) of this section 9181
shall contain the following information: 9182

       (1) The full name and address of each campaign committee, 9183
political action committee, legislative campaign fund, political 9184
party, or political contributing entity, including any treasurer 9185
of the committee, fund, party, or entity, filing a contribution 9186
and expenditure statement; 9187

       (2)(a) In the case of a campaign committee, the candidate's 9188
full name and address; 9189

       (b) In the case of a political action committee, the 9190
registration number assigned to the committee under division 9191
(D)(1) of this section. 9192

       (3) The date of the election and whether it was or will be a 9193
general, primary, or special election; 9194

       (4) A statement of contributions received, which shall 9195
include the following information: 9196

       (a) The month, day, and year of the contribution; 9197

       (b)(i) The full name and address of each person, political 9198
party, campaign committee, legislative campaign fund, political 9199
action committee, or political contributing entity from whom 9200
contributions are received and the registration number assigned to 9201
the political action committee under division (D)(1) of this 9202
section. The requirement of filing the full address does not apply 9203
to any statement filed by a state or local committee of a 9204
political party, to a finance committee of such committee, or to a 9205
committee recognized by a state or local committee as its 9206
fund-raising auxiliary. Notwithstanding division (F) of this 9207
section, the requirement of filing the full address shall be 9208
considered as being met if the address filed is the same address 9209
the contributor provided under division (E)(1) of this section. 9210

       (ii) If a political action committee, political contributing 9211
entity, legislative campaign fund, or political party that is 9212
required to file campaign finance statements by electronic means 9213
of transmission under section 3517.106 of the Revised Code or a 9214
campaign committee of a statewide candidate or candidate for the 9215
office of member of the general assembly receives a contribution 9216
from an individual that exceeds one hundred dollars, the name of 9217
the individual's current employer, if any, or, if the individual 9218
is self-employed, the individual's occupation and the name of the 9219
individual's business, if any; 9220

       (iii) If a campaign committee of a statewide candidate or 9221
candidate for the office of member of the general assembly 9222
receives a contribution transmitted pursuant to section 3599.031 9223
of the Revised Code from amounts deducted from the wages and 9224
salaries of two or more employees that exceeds in the aggregate 9225
one hundred dollars during any one filing period under division 9226
(A)(1), (2), (3), or (4) of this section, the full name of the 9227
employees' employer and the full name of the labor organization of 9228
which the employees are members, if any. 9229

       (c) A description of the contribution received, if other than 9230
money; 9231

       (d) The value in dollars and cents of the contribution; 9232

       (e) A separately itemized account of all contributions and 9233
expenditures regardless of the amount, except a receipt of a 9234
contribution from a person in the sum of twenty-five dollars or 9235
less at one social or fund-raising activity and a receipt of a 9236
contribution transmitted pursuant to section 3599.031 of the 9237
Revised Code from amounts deducted from the wages and salaries of 9238
employees if the contribution from the amount deducted from the 9239
wages and salary of any one employee is twenty-five dollars or 9240
less aggregated in a calendar year. An account of the total 9241
contributions from each social or fund-raising activity shall 9242
include a description of and the value of each in-kind 9243
contribution received at that activity from any person who made 9244
one or more such contributions whose aggregate value exceeded two 9245
hundred fifty dollars and shall be listed separately, together 9246
with the expenses incurred and paid in connection with that 9247
activity. A campaign committee, political action committee, 9248
legislative campaign fund, political party, or political 9249
contributing entity shall keep records of contributions from each 9250
person in the amount of twenty-five dollars or less at one social 9251
or fund-raising activity and contributions from amounts deducted 9252
under section 3599.031 of the Revised Code from the wages and 9253
salary of each employee in the amount of twenty-five dollars or 9254
less aggregated in a calendar year. No continuing association that 9255
is recognized by a state or local committee of a political party 9256
as an auxiliary of the party and that makes a contribution from 9257
funds derived solely from regular dues paid by members of the 9258
auxiliary shall be required to list the name or address of any 9259
members who paid those dues. 9260

       Contributions that are other income shall be itemized 9261
separately from all other contributions. The information required 9262
under division (B)(4) of this section shall be provided for all 9263
other income itemized. As used in this paragraph, "other income" 9264
means a loan, investment income, or interest income. 9265

       (f) In the case of a campaign committee of a state elected 9266
officer, if a person doing business with the state elected officer 9267
in the officer's official capacity makes a contribution to the 9268
campaign committee of that officer, the information required under 9269
division (B)(4) of this section in regard to that contribution, 9270
which shall be filed together with and considered a part of the 9271
committee's statement of contributions as required under division 9272
(A) of this section but shall be filed on a separate form provided 9273
by the secretary of state. As used in this division: 9274

       (i) "State elected officer" has the same meaning as in 9275
section 3517.092 of the Revised Code. 9276

       (ii) "Person doing business" means a person or an officer of 9277
an entity who enters into one or more contracts with a state 9278
elected officer or anyone authorized to enter into contracts on 9279
behalf of that officer to receive payments for goods or services, 9280
if the payments total, in the aggregate, more than five thousand 9281
dollars during a calendar year. 9282

       (5) A statement of expenditures which shall include the 9283
following information: 9284

       (a) The month, day, and year of the expenditure; 9285

       (b) The full name and address of each person, political 9286
party, campaign committee, legislative campaign fund, political 9287
action committee, or political contributing entity to whom the 9288
expenditure was made and the registration number assigned to the 9289
political action committee under division (D)(1) of this section; 9290

       (c) The object or purpose for which the expenditure was made; 9291

       (d) The amount of each expenditure. 9292

       (C)(1) The statement of contributions and expenditures shall 9293
be signed by the person completing the form. If a statement of 9294
contributions and expenditures is filed by electronic means of 9295
transmission pursuant to this section or section 3517.106 of the 9296
Revised Code, the electronic signature of the person who executes 9297
the statement and transmits the statement by electronic means of 9298
transmission, as provided in division (H) of section 3517.106 of 9299
the Revised Code, shall be attached to or associated with the 9300
statement and shall be binding on all persons and for all purposes 9301
under the campaign finance reporting law as if the signature had 9302
been handwritten in ink on a printed form. 9303

       (2) The person filing the statement, under penalty of 9304
election falsification, shall include with it a list of each 9305
anonymous contribution, the circumstances under which it was 9306
received, and the reason it cannot be attributed to a specific 9307
donor. 9308

       (3) Each statement of a campaign committee of a candidate who 9309
holds public office shall contain a designation of each 9310
contributor who is an employee in any unit or department under the 9311
candidate's direct supervision and control. In a space provided in 9312
the statement, the person filing the statement shall affirm that 9313
each such contribution was voluntarily made. 9314

       (4) A campaign committee that did not receive contributions 9315
or make expenditures in connection with the nomination or election 9316
of its candidate shall file a statement to that effect, on a form 9317
prescribed under this section and made under penalty of election 9318
falsification, on the date required in division (A)(2) of this 9319
section. 9320

       (5) The campaign committee of any person who attempts to 9321
become a candidate and who, for any reason, does not become 9322
certified in accordance with Title XXXV of the Revised Code for 9323
placement on the official ballot of a primary, general, or special 9324
election to be held in this state, and who, at any time prior to 9325
or after an election, receives contributions or makes 9326
expenditures, or has given consent for another to receive 9327
contributions or make expenditures, for the purpose of bringing 9328
about the person's nomination or election to public office, shall 9329
file the statement or statements prescribed by this section and a 9330
termination statement, if applicable. Division (C)(5) of this 9331
section does not apply to any person with respect to an election 9332
to the offices of member of a county or state central committee, 9333
presidential elector, or delegate to a national convention or 9334
conference of a political party. 9335

       (6)(a) The statements required to be filed under this section 9336
shall specify the balance in the hands of the campaign committee, 9337
political action committee, legislative campaign fund, political 9338
party, or political contributing entity and the disposition 9339
intended to be made of that balance. 9340

       (b) The secretary of state shall prescribe the form for all 9341
statements required to be filed under this section and shall 9342
furnish the forms to the boards of elections in the several 9343
counties. The boards of elections shall supply printed copies of 9344
those forms without charge. The secretary of state shall prescribe 9345
the appropriate methodology, protocol, and data file structure for 9346
statements required or permitted to be filed by electronic means 9347
of transmission under division (A) of this section, divisions (E), 9348
(F), and (G) of section 3517.106, division (D) of section 9349
3517.1011, division (B) of section 3517.1012, and division (C) of 9350
section 3517.1013 of the Revised Code. Subject to division (A) of 9351
this section, divisions (E), (F), and (G) of section 3517.106, 9352
division (D) of section 3517.1011, division (B) of section 9353
3517.1012, and division (C) of section 3517.1013 of the Revised 9354
Code, the statements required to be stored on computer by the 9355
secretary of state under division (B) of section 3517.106 of the 9356
Revised Code shall be filed in whatever format the secretary of 9357
state considers necessary to enable the secretary of state to 9358
store the information contained in the statements on computer. Any 9359
such format shall be of a type and nature that is readily 9360
available to whoever is required to file the statements in that 9361
format. 9362

       (c) The secretary of state shall assess the need for training 9363
regarding the filing of campaign finance statements by electronic 9364
means of transmission and regarding associated technologies for 9365
candidates, campaign committees, political action committees, 9366
legislative campaign funds, political parties, or political 9367
contributing entities, for individuals, partnerships, or other 9368
entities, or for persons making disbursements to pay the direct 9369
costs of producing or airing electioneering communications, 9370
required or permitted to file statements by electronic means of 9371
transmission under this section or section 3517.105, 3517.106, 9372
3517.1011, 3517.1012, or 3517.1013 of the Revised Code. If, in the 9373
opinion of the secretary of state, training in these areas is 9374
necessary, the secretary of state shall arrange for the provision 9375
of voluntary training programs for candidates, campaign 9376
committees, political action committees, legislative campaign 9377
funds, political parties, or political contributing entities, for 9378
individuals, partnerships, and other entities, or for persons 9379
making disbursements to pay the direct costs of producing or 9380
airing electioneering communications, as appropriate. 9381

       (7) Each monthly statement and each two-business-day 9382
statement required by division (A) of this section shall contain 9383
the information required by divisions (B)(1) to (4), (C)(2), and, 9384
if appropriate, (C)(3) of this section. Each statement shall be 9385
signed as required by division (C)(1) of this section. 9386

       (D)(1) Prior to receiving a contribution or making an 9387
expenditure, every campaign committee, political action committee, 9388
legislative campaign fund, political party, or political 9389
contributing entity shall appoint a treasurer and shall file, on a 9390
form prescribed by the secretary of state, a designation of that 9391
appointment, including the full name and address of the treasurer 9392
and of the campaign committee, political action committee, 9393
legislative campaign fund, political party, or political 9394
contributing entity. That designation shall be filed with the 9395
official with whom the campaign committee, political action 9396
committee, legislative campaign fund, political party, or 9397
political contributing entity is required to file statements under 9398
section 3517.11 of the Revised Code. The name of a campaign 9399
committee shall include at least the last name of the campaign 9400
committee's candidate. If two or more candidates are the 9401
beneficiaries of a single campaign committee under division (B) of 9402
section 3517.081 of the Revised Code, the name of the campaign 9403
committee shall include at least the last name of each candidate 9404
who is a beneficiary of that campaign committee. The secretary of 9405
state shall assign a registration number to each political action 9406
committee that files a designation of the appointment of a 9407
treasurer under this division if the political action committee is 9408
required by division (A)(1) of section 3517.11 of the Revised Code 9409
to file the statements prescribed by this section with the 9410
secretary of state. 9411

       (2) The treasurer appointed under division (D)(1) of this 9412
section shall keep a strict account of all contributions, from 9413
whom received and the purpose for which they were disbursed. 9414

       (3)(a) Except as otherwise provided in section 3517.108 of 9415
the Revised Code, a campaign committee shall deposit all monetary 9416
contributions received by the committee into an account separate 9417
from a personal or business account of the candidate or campaign 9418
committee. 9419

       (b) A political action committee shall deposit all monetary 9420
contributions received by the committee into an account separate 9421
from all other funds. 9422

       (c) A state or county political party may establish a state 9423
candidate fund that is separate from an account that contains the 9424
public moneys received from the Ohio political party fund under 9425
section 3517.17 of the Revised Code and from all other funds. A 9426
state or county political party may deposit into its state 9427
candidate fund any amounts of monetary contributions that are made 9428
to or accepted by the political party subject to the applicable 9429
limitations, if any, prescribed in section 3517.102 of the Revised 9430
Code. A state or county political party shall deposit all other 9431
monetary contributions received by the party into one or more 9432
accounts that are separate from its state candidate fund and from 9433
its account that contains the public moneys received from the Ohio 9434
political party fund under section 3517.17 of the Revised Code. 9435

       (d) Each state political party shall have only one 9436
legislative campaign fund for each house of the general assembly. 9437
Each such fund shall be separate from any other funds or accounts 9438
of that state party. A legislative campaign fund is authorized to 9439
receive contributions and make expenditures for the primary 9440
purpose of furthering the election of candidates who are members 9441
of that political party to the house of the general assembly with 9442
which that legislative campaign fund is associated. Each 9443
legislative campaign fund shall be administered and controlled in 9444
a manner designated by the caucus. As used in this division, 9445
"caucus" has the same meaning as in section 3517.01 of the Revised 9446
Code and includes, as an ex officio member, the chairperson of the 9447
state political party with which the caucus is associated or that 9448
chairperson's designee. 9449

       (4) Every expenditure in excess of twenty-five dollars shall 9450
be vouched for by a receipted bill, stating the purpose of the 9451
expenditure, that shall be filed with the statement of 9452
expenditures. A canceled check with a notation of the purpose of 9453
the expenditure is a receipted bill for purposes of division 9454
(D)(4) of this section. 9455

       (5) The secretary of state or the board of elections, as the 9456
case may be, shall issue a receipt for each statement filed under 9457
this section and shall preserve a copy of the receipt for a period 9458
of at least six years. All statements filed under this section 9459
shall be open to public inspection in the office where they are 9460
filed and shall be carefully preserved for a period of at least 9461
six years after the year in which they are filed. 9462

       (6) The secretary of state, by rule adopted pursuant to 9463
section 3517.23 of the Revised Code, shall prescribe both of the 9464
following: 9465

       (a) The manner of immediately acknowledging, with date and 9466
time received, and preserving the receipt of statements that are 9467
transmitted by electronic means of transmission to the secretary 9468
of state pursuant to this section or section 3517.106, 3517.1011, 9469
3517.1012, or 3517.1013 of the Revised Code; 9470

       (b) The manner of preserving the contribution and 9471
expenditure, contribution and disbursement, deposit and 9472
disbursement, or gift and disbursement information in the 9473
statements described in division (D)(6)(a) of this section. The 9474
secretary of state shall preserve the contribution and 9475
expenditure, contribution and disbursement, deposit and 9476
disbursement, or gift and disbursement information in those 9477
statements for at least ten years after the year in which they are 9478
filed by electronic means of transmission. 9479

       (7) The secretary of state, pursuant to division (I) of 9480
section 3517.106 of the Revised Code, shall make available online 9481
to the public through the internet the contribution and 9482
expenditure, contribution and disbursement, deposit and 9483
disbursement, or gift and disbursement information in all 9484
statements, all addenda, amendments, or other corrections to 9485
statements, and all amended statements filed with the secretary of 9486
state by electronic or other means of transmission under this 9487
section, division (B)(2)(b) or (C)(2)(b) of section 3517.105, or 9488
section 3517.106, 3517.1011, 3517.1012, 3517.1013, or 3517.11 of 9489
the Revised Code. The secretary of state may remove the 9490
information from the internet after a reasonable period of time. 9491

       (E)(1) Any person, political party, campaign committee, 9492
legislative campaign fund, political action committee, or 9493
political contributing entity that makes a contribution in 9494
connection with the nomination or election of any candidate or in 9495
connection with any ballot issue or question at any election held 9496
or to be held in this state shall provide its full name and 9497
address to the recipient of the contribution at the time the 9498
contribution is made. The political action committee also shall 9499
provide the registration number assigned to the committee under 9500
division (D)(1) of this section to the recipient of the 9501
contribution at the time the contribution is made. 9502

       (2) Any individual who makes a contribution that exceeds one 9503
hundred dollars to a political action committee, political 9504
contributing entity, legislative campaign fund, or political party 9505
or to a campaign committee of a statewide candidate or candidate 9506
for the office of member of the general assembly shall provide the 9507
name of the individual's current employer, if any, or, if the 9508
individual is self-employed, the individual's occupation and the 9509
name of the individual's business, if any, to the recipient of the 9510
contribution at the time the contribution is made. Sections 9511
3599.39 and 3599.40 of the Revised Code do not apply to division 9512
(E)(2) of this section. 9513

       (3) If a campaign committee shows that it has exercised its 9514
best efforts to obtain, maintain, and submit the information 9515
required under divisions (B)(4)(b)(ii) and (iii) of this section, 9516
that committee is considered to have met the requirements of those 9517
divisions. A campaign committee shall not be considered to have 9518
exercised its best efforts unless, in connection with written 9519
solicitations, it regularly includes a written request for the 9520
information required under division (B)(4)(b)(ii) of this section 9521
from the contributor or the information required under division 9522
(B)(4)(b)(iii) of this section from whoever transmits the 9523
contribution. 9524

       (4) Any check that a political action committee uses to make 9525
a contribution or an expenditure shall contain the full name and 9526
address of the committee and the registration number assigned to 9527
the committee under division (D)(1) of this section. 9528

       (F) As used in this section: 9529

       (1)(a) Except as otherwise provided in division (F)(1) of 9530
this section, "address" means all of the following if they exist: 9531
apartment number, street, road, or highway name and number, rural 9532
delivery route number, city or village, state, and zip code as 9533
used in a person's post-office address, but not post-office box. 9534

        (b) Except as otherwise provided in division (F)(1) of this 9535
section, if an address is required in this section, a post-office 9536
box and office, room, or suite number may be included in addition 9537
to, but not in lieu of, an apartment, street, road, or highway 9538
name and number. 9539

        (c) If an address is required in this section, a campaign 9540
committee, political action committee, legislative campaign fund, 9541
political party, or political contributing entity may use the 9542
business or residence address of its treasurer or deputy 9543
treasurer. The post-office box number of the campaign committee, 9544
political action committee, legislative campaign fund, political 9545
party, or political contributing entity may be used in addition to 9546
that address. 9547

       (d) For the sole purpose of a campaign committee's reporting 9548
of contributions on a statement of contributions received under 9549
division (B)(4) of this section, "address" has one of the 9550
following meanings at the option of the campaign committee: 9551

       (i) The same meaning as in division (F)(1)(a) of this 9552
section; 9553

       (ii) All of the following, if they exist: the contributor's 9554
post-office box number and city or village, state, and zip code as 9555
used in the contributor's post-office address. 9556

       (e) As used with regard to the reporting under this section 9557
of any expenditure, "address" means all of the following if they 9558
exist: apartment number, street, road, or highway name and number, 9559
rural delivery route number, city or village, state, and zip code 9560
as used in a person's post-office address, or post-office box. If 9561
an address concerning any expenditure is required in this section, 9562
a campaign committee, political action committee, legislative 9563
campaign fund, political party, or political contributing entity 9564
may use the business or residence address of its treasurer or 9565
deputy treasurer or its post-office box number. 9566

       (2) "Statewide candidate" means the joint candidates for the 9567
offices of governor and lieutenant governor or a candidate for the 9568
office of secretary of state, auditor of state, treasurer of 9569
state, attorney general, member of the state board of education, 9570
chief justice of the supreme court, or justice of the supreme 9571
court. 9572

       (3) "Candidate for county office" means a candidate for the 9573
office of county auditor, county treasurer, clerk of the court of 9574
common pleas, judge of the court of common pleas, sheriff, county 9575
recorder, county engineer, county commissioner, prosecuting 9576
attorney, or coroner. 9577

       (G) An independent expenditure shall be reported whenever and 9578
in the same manner that an expenditure is required to be reported 9579
under this section and shall be reported pursuant to division 9580
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code. 9581

       (H)(1) Except as otherwise provided in division (H)(2) of 9582
this section, if, during the combined pre-election and 9583
postelection reporting periods for an election, a campaign 9584
committee has received contributions of five hundred dollars or 9585
less and has made expenditures in the total amount of five hundred 9586
dollars or less, it may file a statement to that effect, under 9587
penalty of election falsification, in lieu of the statement 9588
required by division (A)(2) of this section. The statement shall 9589
indicate the total amount of contributions received and the total 9590
amount of expenditures made during those combined reporting 9591
periods. 9592

       (2) In the case of a successful candidate at a primary 9593
election, if either the total contributions received by or the 9594
total expenditures made by the candidate's campaign committee 9595
during the preprimary, postprimary, pregeneral, and postgeneral 9596
election periods combined equal more than five hundred dollars, 9597
the campaign committee may file the statement under division 9598
(H)(1) of this section only for the primary election. The first 9599
statement that the campaign committee files in regard to the 9600
general election shall reflect all contributions received and all 9601
expenditures made during the preprimary and postprimary election 9602
periods. 9603

       (3) Divisions (H)(1) and (2) of this section do not apply if 9604
a campaign committee receives contributions or makes expenditures 9605
prior to the first day of January of the year of the election at 9606
which the candidate seeks nomination or election to office or if 9607
the campaign committee does not file a termination statement with 9608
its postprimary election statement in the case of an unsuccessful 9609
primary election candidate or with its postgeneral election 9610
statement in the case of other candidates. 9611

       (I) In the case of a contribution made by a partner of a 9612
partnership or an owner or a member of another unincorporated 9613
business from any funds of the partnership or other unincorporated 9614
business, all of the following apply: 9615

       (1) ~~The~~Except as provided in division (I)(2) of this 9616
section, the recipient of the contribution shall report the 9617
contribution by listing both the partnership or other 9618
unincorporated business and the name of the partner, owner, or 9619
member making the contribution. 9620

       (2) If the recipient of the contribution or contributions is 9621
a political action committee affiliated with the partnership or 9622
other unincorporated business that is making the contribution or 9623
contributions, the political action committee shall report the 9624
contribution or contributions by listing the name and principal 9625
business address of the partnership or other unincorporated 9626
business, and one of the following: 9627

       (a) The name of each partner, owner, or member as of the date 9628
of the contribution or contributions, and the ownership interest 9629
of each partner, owner, or member in the partnership or 9630
unincorporated business; or 9631

       (b) The name of each partner, owner, or member as of the date 9632
of the contribution or contributions, and a statement that no 9633
partner's, owner's, or member's share of the contribution or 9634
contributions exceeds a specified dollar amount. The dollar amount 9635
specified in the statement shall be attributed to each and every 9636
partner, owner, or member. 9637

       (3) For purposes of section 3517.102 of the Revised Code, the 9638
contribution shall be considered to have been made by the partner, 9639
owner, or member reported under division (I)(1) or (2) of this 9640
section. 9641

       ~~(3)~~(4) No contribution from a partner of a partnership or an 9642
owner or a member of another unincorporated business shall be 9643
accepted from any funds of the partnership or other unincorporated 9644
business unless the recipient reports the contribution under 9645
division (I)(1) or (2) of this section, as applicable. 9646

       ~~(4)~~(5) No partnership or other unincorporated business shall 9647
make a contribution or contributions ~~solely in the name of the~~ 9648
~~partnership or other unincorporated business~~without reporting the 9649
information required in division (I)(1) or (2), as applicable, to 9650
the recipient of the contribution or contributions. 9651

       ~~(5)~~(6) As used in division (I) of this section, "partnership 9652
or other unincorporated business" includes, but is not limited to, 9653
a cooperative, a sole proprietorship, a general partnership, a 9654
limited partnership, a limited partnership association, a limited 9655
liability partnership, and a limited liability company. 9656

       (J) A candidate shall have only one campaign committee at any 9657
given time for all of the offices for which the person is a 9658
candidate or holds office. 9659

       (K)(1) In addition to filing a designation of appointment of 9660
a treasurer under division (D)(1) of this section, the campaign 9661
committee of any candidate for an elected municipal office that 9662
pays an annual amount of compensation of five thousand dollars or 9663
less, the campaign committee of any candidate for member of a 9664
board of education except member of the state board of education, 9665
or the campaign committee of any candidate for township trustee or 9666
township fiscal officer may sign, under penalty of election 9667
falsification, a certificate attesting that the committee will not 9668
accept contributions during an election period that exceed in the 9669
aggregate two thousand dollars from all contributors and one 9670
hundred dollars from any one individual, and that the campaign 9671
committee will not make expenditures during an election period 9672
that exceed in the aggregate two thousand dollars. 9673

       The certificate shall be on a form prescribed by the 9674
secretary of state and shall be filed not later than ten days 9675
after the candidate files a declaration of candidacy and petition, 9676
a nominating petition, or a declaration of intent to be a write-in 9677
candidate. 9678

       (2) Except as otherwise provided in division (K)(3) of this 9679
section, a campaign committee that files a certificate under 9680
division (K)(1) of this section is not required to file the 9681
statements required by division (A) of this section. 9682

       (3) If, after filing a certificate under division (K)(1) of 9683
this section, a campaign committee exceeds any of the limitations 9684
described in that division during an election period, the 9685
certificate is void and thereafter the campaign committee shall 9686
file the statements required by division (A) of this section. If 9687
the campaign committee has not previously filed a statement, then 9688
on the first statement the campaign committee is required to file 9689
under division (A) of this section after the committee's 9690
certificate is void, the committee shall report all contributions 9691
received and expenditures made from the time the candidate filed 9692
the candidate's declaration of candidacy and petition, nominating 9693
petition, or declaration of intent to be a write-in candidate. 9694

       (4) As used in division (K) of this section, "election 9695
period" means the period of time beginning on the day a person 9696
files a declaration of candidacy and petition, nominating 9697
petition, or declaration of intent to be a write-in candidate 9698
through the day of the election at which the person seeks 9699
nomination to office if the person is not elected to office, or, 9700
if the candidate was nominated in a primary election, the day of 9701
the election at which the candidate seeks office. 9702

       (L) A political contributing entity that receives 9703
contributions from the dues, membership fees, or other assessments 9704
of its members or from its officers, shareholders, and employees 9705
may report the aggregate amount of contributions received from 9706
those contributors and the number of individuals making those 9707
contributions, for each filing period under divisions (A)(1), (2), 9708
(3), and (4) of this section, rather than reporting information as 9709
required under division (B)(4) of this section, including, when 9710
applicable, the name of the current employer, if any, of a 9711
contributor whose contribution exceeds one hundred dollars or, if 9712
such a contributor is self-employed, the contributor's occupation 9713
and the name of the contributor's business, if any. Division 9714
(B)(4) of this section applies to a political contributing entity 9715
with regard to contributions it receives from all other 9716
contributors. 9717

       Sec. 3517.106. (A) As used in this section: 9718

       (1) "Statewide office" means any of the offices of governor, 9719
lieutenant governor, secretary of state, auditor of state, 9720
treasurer of state, attorney general, chief justice of the supreme 9721
court, and justice of the supreme court. 9722

       (2) "Addendum to a statement" includes an amendment or other 9723
correction to that statement. 9724

       (B)(1) The secretary of state shall store on computer the 9725
information contained in statements of contributions and 9726
expenditures and monthly statements required to be filed under 9727
section 3517.10 of the Revised Code and in statements of 9728
independent expenditures required to be filed under section 9729
3517.105 of the Revised Code by any of the following: 9730

       (a) The campaign committees of candidates for statewide 9731
office; 9732

       (b) The political action committees and political 9733
contributing entities described in division (A)(1) of section 9734
3517.11 of the Revised Code; 9735

       (c) Legislative campaign funds; 9736

       (d) State political parties; 9737

       (e) Individuals, partnerships, corporations, labor 9738
organizations, or other entities that make independent 9739
expenditures in support of or opposition to a statewide candidate 9740
or a statewide ballot issue or question; 9741

       (f) The campaign committees of candidates for the office of 9742
member of the general assembly; 9743

       (g) County political parties, with respect to their state 9744
candidate funds. 9745

       (2) The secretary of state shall store on computer the 9746
information contained in disclosure of electioneering 9747
communications statements required to be filed under section 9748
3517.1011 of the Revised Code. 9749

       (3) The secretary of state shall store on computer the 9750
information contained in deposit and disbursement statements 9751
required to be filed with the office of the secretary of state 9752
under section 3517.1012 of the Revised Code. 9753

       (4) The secretary of state shall store on computer the gift 9754
and disbursement information contained in statements required to 9755
be filed with the office of the secretary of state under section 9756
3517.1013 of the Revised Code. 9757

       (C)(1) The secretary of state shall make available to the 9758
campaign committees, political action committees, political 9759
contributing entities, legislative campaign funds, political 9760
parties, individuals, partnerships, corporations, labor 9761
organizations, and other entities described in division (B) of 9762
this section, and to members of the news media and other 9763
interested persons, for a reasonable fee, computer programs that 9764
are compatible with the secretary of state's method of storing the 9765
information contained in the statements. 9766

       (2) The secretary of state shall make the information 9767
required to be stored under division (B) of this section available 9768
on computer at the secretary of state's office so that, to the 9769
maximum extent feasible, individuals may obtain at the secretary 9770
of state's office any part or all of that information for any 9771
given year, subject to the limitation expressed in division (D) of 9772
this section. 9773

       (D) The secretary of state shall keep the information stored 9774
on computer under division (B) of this section for at least six 9775
years. 9776

       (E)(1) Subject to division (L) of this section and subject to 9777
the secretary of state having implemented, tested, and verified 9778
the successful operation of any system the secretary of state 9779
prescribes pursuant to division (H)(1) of this section and 9780
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised 9781
Code for the filing of campaign finance statements by electronic 9782
means of transmission, the campaign committee of each candidate 9783
for statewide office may file the statements prescribed by section 9784
3517.10 of the Revised Code by electronic means of transmission 9785
or, if the total amount of the contributions received or the total 9786
amount of the expenditures made by the campaign committee for the 9787
applicable reporting period as specified in division (A) of 9788
section 3517.10 of the Revised Code exceeds ten thousand dollars, 9789
shall file those statements by electronic means of transmission. 9790

       Except as otherwise provided in this division, within five 9791
business days after a statement filed by a campaign committee of a 9792
candidate for statewide office is received by the secretary of 9793
state by electronic or other means of transmission, the secretary 9794
of state shall make available online to the public through the 9795
internet, as provided in division (I) of this section, the 9796
contribution and expenditure information in that statement. The 9797
secretary of state shall not make available online to the public 9798
through the internet any contribution or expenditure information 9799
contained in a statement for any candidate until the secretary of 9800
state is able to make available online to the public through the 9801
internet the contribution and expenditure information for all 9802
candidates for a particular office, or until the applicable filing 9803
deadline for that statement has passed, whichever is sooner. As 9804
soon as the secretary of state has available all of the 9805
contribution and expenditure information for all candidates for a 9806
particular office, or as soon as the applicable filing deadline 9807
for a statement has passed, whichever is sooner, the secretary of 9808
state shall simultaneously make available online to the public 9809
through the internet the information for all candidates for that 9810
office. 9811

       If a statement filed by electronic means of transmission is 9812
found to be incomplete or inaccurate after the examination of the 9813
statement for completeness and accuracy pursuant to division 9814
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign 9815
committee shall file by electronic means of transmission any 9816
addendum to the statement that provides the information necessary 9817
to complete or correct the statement or, if required by the 9818
secretary of state under that division, an amended statement. 9819

       Within five business days after the secretary of state 9820
receives from a campaign committee of a candidate for statewide 9821
office an addendum to the statement or an amended statement by 9822
electronic or other means of transmission under this division or 9823
division (B)(3)(a) of section 3517.11 of the Revised Code, the 9824
secretary of state shall make the contribution and expenditure 9825
information in the addendum or amended statement available online 9826
to the public through the internet as provided in division (I) of 9827
this section. 9828

       (2) Subject to the secretary of state having implemented, 9829
tested, and verified the successful operation of any system the 9830
secretary of state prescribes pursuant to division (H)(1) of this 9831
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of 9832
the Revised Code for the filing of campaign finance statements by 9833
electronic means of transmission, a political action committee and 9834
a political contributing entity described in division (B)(1)(b) of 9835
this section, a legislative campaign fund, and a state political 9836
party may file the statements prescribed by section 3517.10 of the 9837
Revised Code by electronic means of transmission or, if the total 9838
amount of the contributions received or the total amount of the 9839
expenditures made by the political action committee, political 9840
contributing entity, legislative campaign fund, or state political 9841
party for the applicable reporting period as specified in division 9842
(A) of section 3517.10 of the Revised Code exceeds ten thousand 9843
dollars, shall file those statements by electronic means of 9844
transmission. 9845

       Within five business days after a statement filed by a 9846
political action committee or a political contributing entity 9847
described in division (B)(1)(b) of this section, a legislative 9848
campaign fund, or a state political party is received by the 9849
secretary of state by electronic or other means of transmission, 9850
the secretary of state shall make available online to the public 9851
through the internet, as provided in division (I) of this section, 9852
the contribution and expenditure information in that statement. 9853

       If a statement filed by electronic means of transmission is 9854
found to be incomplete or inaccurate after the examination of the 9855
statement for completeness and accuracy pursuant to division 9856
(B)(3)(a) of section 3517.11 of the Revised Code, the political 9857
action committee, political contributing entity, legislative 9858
campaign fund, or state political party shall file by electronic 9859
means of transmission any addendum to the statement that provides 9860
the information necessary to complete or correct the statement or, 9861
if required by the secretary of state under that division, an 9862
amended statement. 9863

       Within five business days after the secretary of state 9864
receives from a political action committee or a political 9865
contributing entity described in division (B)(1)(b) of this 9866
section, a legislative campaign fund, or a state political party 9867
an addendum to the statement or an amended statement by electronic 9868
or other means of transmission under this division or division 9869
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of 9870
state shall make the contribution and expenditure information in 9871
the addendum or amended statement available online to the public 9872
through the internet as provided in division (I) of this section. 9873

       (3) Subject to the secretary of state having implemented, 9874
tested, and verified the successful operation of any system the 9875
secretary of state prescribes pursuant to division (H)(1) of this 9876
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of 9877
the Revised Code for the filing of campaign finance statements by 9878
electronic means of transmission, a county political party shall 9879
file the statements prescribed by section 3517.10 of the Revised 9880
Code with respect to its state candidate fund by electronic means 9881
of transmission to the office of the secretary of state. 9882

       Within five business days after a statement filed by a county 9883
political party with respect to its state candidate fund is 9884
received by the secretary of state by electronic means of 9885
transmission, the secretary of state shall make available online 9886
to the public through the internet, as provided in division (I) of 9887
this section, the contribution and expenditure information in that 9888
statement. 9889

       If a statement is found to be incomplete or inaccurate after 9890
the examination of the statement for completeness and accuracy 9891
pursuant to division (B)(3)(a) of section 3517.11 of the Revised 9892
Code, a county political party shall file by electronic means of 9893
transmission any addendum to the statement that provides the 9894
information necessary to complete or correct the statement or, if 9895
required by the secretary of state under that division, an amended 9896
statement. 9897

       Within five business days after the secretary of state 9898
receives from a county political party an addendum to the 9899
statement or an amended statement by electronic means of 9900
transmission under this division or division (B)(3)(a) of section 9901
3517.11 of the Revised Code, the secretary of state shall make the 9902
contribution and expenditure information in the addendum or 9903
amended statement available online to the public through the 9904
internet as provided in division (I) of this section. 9905

       (F)(1) Subject to division (L) of this section and subject to 9906
the secretary of state having implemented, tested, and verified 9907
the successful operation of any system the secretary of state 9908
prescribes pursuant to division (H)(1) of this section and 9909
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised 9910
Code for the filing of campaign finance statements by electronic 9911
means of transmission, a campaign committee of a candidate for the 9912
office of member of the general assembly or a campaign committee 9913
of a candidate for the office of judge of a court of appeals may 9914
file the statements prescribed by section 3517.10 of the Revised 9915
Code in accordance with division (A)(2) of section 3517.11 of the 9916
Revised Code or by electronic means of transmission to the office 9917
of the secretary of state or, if the total amount of the 9918
contributions received by the campaign committee for the 9919
applicable reporting period as specified in division (A) of 9920
section 3517.10 of the Revised Code exceeds ten thousand dollars, 9921
shall file those statements by electronic means of transmission to 9922
the office of the secretary of state. 9923

       Except as otherwise provided in this division, within five 9924
business days after a statement filed by a campaign committee of a 9925
candidate for the office of member of the general assembly or a 9926
campaign committee of a candidate for the office of judge of a 9927
court of appeals is received by the secretary of state by 9928
electronic or other means of transmission, the secretary of state 9929
shall make available online to the public through the internet, as 9930
provided in division (I) of this section, the contribution and 9931
expenditure information in that statement. The secretary of state 9932
shall not make available online to the public through the internet 9933
any contribution or expenditure information contained in a 9934
statement for any candidate until the secretary of state is able 9935
to make available online to the public through the internet the 9936
contribution and expenditure information for all candidates for a 9937
particular office, or until the applicable filing deadline for 9938
that statement has passed, whichever is sooner. As soon as the 9939
secretary of state has available all of the contribution and 9940
expenditure information for all candidates for a particular 9941
office, or as soon as the applicable filing deadline for a 9942
statement has passed, whichever is sooner, the secretary of state 9943
shall simultaneously make available online to the public through 9944
the internet the information for all candidates for that office. 9945

       If a statement filed by electronic means of transmission is 9946
found to be incomplete or inaccurate after the examination of the 9947
statement for completeness and accuracy pursuant to division 9948
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign 9949
committee shall file by electronic means of transmission to the 9950
office of the secretary of state any addendum to the statement 9951
that provides the information necessary to complete or correct the 9952
statement or, if required by the secretary of state under that 9953
division, an amended statement. 9954

       Within five business days after the secretary of state 9955
receives from a campaign committee of a candidate for the office 9956
of member of the general assembly or a campaign committee of a 9957
candidate for the office of judge of a court of appeals an 9958
addendum to the statement or an amended statement by electronic or 9959
other means of transmission under this division or division 9960
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of 9961
state shall make the contribution and expenditure information in 9962
the addendum or amended statement available online to the public 9963
through the internet as provided in division (I) of this section. 9964

       (2) If a statement, addendum, or amended statement is not 9965
filed by electronic means of transmission to the office of the 9966
secretary of state but is filed by printed version only under 9967
division (A)(2) of section 3517.11 of the Revised Code with the 9968
appropriate board of elections, the campaign committee of a 9969
candidate for the office of member of the general assembly or a 9970
campaign committee of a candidate for the office of judge of a 9971
court of appeals shall file two copies of the printed version of 9972
the statement, addendum, or amended statement with the board of 9973
elections. The board of elections shall send one of those copies 9974
by overnight delivery service to the secretary of state before the 9975
close of business on the day the board of elections receives the 9976
statement, addendum, or amended statement. 9977

       (G) Subject to the secretary of state having implemented, 9978
tested, and verified the successful operation of any system the 9979
secretary of state prescribes pursuant to division (H)(1) of this 9980
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of 9981
the Revised Code for the filing of campaign finance statements by 9982
electronic means of transmission, any individual, partnership, or 9983
other entity that makes independent expenditures in support of or 9984
opposition to a statewide candidate or a statewide ballot issue or 9985
question as provided in division (B)(2)(b) or (C)(2)(b) of section 9986
3517.105 of the Revised Code may file the statement specified in 9987
that division by electronic means of transmission or, if the total 9988
amount of independent expenditures made during the reporting 9989
period under that division exceeds ten thousand dollars, shall 9990
file the statement specified in that division by electronic means 9991
of transmission. 9992

       Within five business days after a statement filed by an 9993
individual, partnership, or other entity is received by the 9994
secretary of state by electronic or other means of transmission, 9995
the secretary of state shall make available online to the public 9996
through the internet, as provided in division (I) of this section, 9997
the expenditure information in that statement. 9998

       If a statement filed by electronic means of transmission is 9999
found to be incomplete or inaccurate after the examination of the 10000
statement for completeness and accuracy pursuant to division 10001
(B)(3)(a) of section 3517.11 of the Revised Code, the individual, 10002
partnership, or other entity shall file by electronic means of 10003
transmission any addendum to the statement that provides the 10004
information necessary to complete or correct the statement or, if 10005
required by the secretary of state under that division, an amended 10006
statement. 10007

       Within five business days after the secretary of state 10008
receives from an individual, partnership, or other entity 10009
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105 10010
of the Revised Code an addendum to the statement or an amended 10011
statement by electronic or other means of transmission under this 10012
division or division (B)(3)(a) of section 3517.11 of the Revised 10013
Code, the secretary of state shall make the expenditure 10014
information in the addendum or amended statement available online 10015
to the public through the internet as provided in division (I) of 10016
this section. 10017

       (H)(1) The secretary of state, by rule adopted pursuant to 10018
section 3517.23 of the Revised Code, shall prescribe one or more 10019
techniques by which a person who executes and transmits by 10020
electronic means a statement of contributions and expenditures, a 10021
statement of independent expenditures, a disclosure of 10022
electioneering communications statement, a deposit and 10023
disbursement statement, or a gift and disbursement statement, an 10024
addendum to any of those statements, an amended statement of 10025
contributions and expenditures, an amended statement of 10026
independent expenditures, an amended disclosure of electioneering 10027
communications statement, an amended deposit and disbursement 10028
statement, or an amended gift and disbursement statement, under 10029
this section or section 3517.10, 3517.105, 3517.1011, 3517.1012, 10030
or 3517.1013 of the Revised Code shall electronically sign the 10031
statement, addendum, or amended statement. Any technique 10032
prescribed by the secretary of state pursuant to this division 10033
shall create an electronic signature that satisfies all of the 10034
following: 10035

       (a) It is unique to the signer. 10036

       (b) It objectively identifies the signer. 10037

       (c) It involves the use of a signature device or other means 10038
or method that is under the sole control of the signer and that 10039
cannot be readily duplicated or compromised. 10040

       (d) It is created and linked to the electronic record to 10041
which it relates in a manner that, if the record or signature is 10042
intentionally or unintentionally changed after signing, the 10043
electronic signature is invalidated. 10044

       (2) An electronic signature prescribed by the secretary of 10045
state under division (H)(1) of this section shall be attached to 10046
or associated with the statement of contributions and 10047
expenditures, the statement of independent expenditures, the 10048
disclosure of electioneering communications statement, the deposit 10049
and disbursement statement, or the gift and disbursement 10050
statement, the addendum to any of those statements, the amended 10051
statement of contributions and expenditures, the amended statement 10052
of independent expenditures, the amended disclosure of 10053
electioneering communications statement, the amended deposit and 10054
disbursement statement, or the amended gift and disbursement 10055
statement that is executed and transmitted by electronic means by 10056
the person to whom the electronic signature is attributed. The 10057
electronic signature that is attached to or associated with the 10058
statement, addendum, or amended statement under this division 10059
shall be binding on all persons and for all purposes under the 10060
campaign finance reporting law as if the signature had been 10061
handwritten in ink on a printed form. 10062

       (I) The secretary of state shall make the contribution and 10063
expenditure, the contribution and disbursement, the deposit and 10064
disbursement, or the gift and disbursement information in all 10065
statements, all addenda to the statements, and all amended 10066
statements that are filed with the secretary of state by 10067
electronic or other means of transmission under this section or 10068
section 3517.10, 3517.105, 3517.1011, 3517.1012, 3517.1013, or 10069
3517.11 of the Revised Code available online to the public by any 10070
means that are searchable, viewable, and accessible through the 10071
internet. 10072

       (J)(1) As used in this division, "library" means a library 10073
that is open to the public and that is one of the following: 10074

       (a) A library that is maintained and regulated under section 10075
715.13 of the Revised Code; 10076

       (b) A library that is created, maintained, and regulated 10077
under Chapter 3375. of the Revised Code. 10078

       (2) The secretary of state shall notify all libraries of the 10079
location on the internet at which the contribution and 10080
expenditure, contribution and disbursement, deposit and 10081
disbursement, or gift and disbursement information in campaign 10082
finance statements required to be made available online to the 10083
public through the internet pursuant to division (I) of this 10084
section may be accessed. 10085

       If that location is part of the world wide web and if the 10086
secretary of state has notified a library of that world wide web 10087
location as required by this division, the library shall include a 10088
link to that world wide web location on each internet-connected 10089
computer it maintains that is accessible to the public. 10090

       (3) If the system the secretary of state prescribes for the 10091
filing of campaign finance statements by electronic means of 10092
transmission pursuant to division (H)(1) of this section and 10093
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised 10094
Code includes filing those statements through the internet via the 10095
world wide web, the secretary of state shall notify all libraries 10096
of the world wide web location at which those statements may be 10097
filed. 10098

       If those statements may be filed through the internet via the 10099
world wide web and if the secretary of state has notified a 10100
library of that world wide web location as required by this 10101
division, the library shall include a link to that world wide web 10102
location on each internet-connected computer it maintains that is 10103
accessible to the public. 10104

       (K) It is an affirmative defense to a complaint or charge 10105
brought against any campaign committee, political action 10106
committee, political contributing entity, legislative campaign 10107
fund, or political party, any individual, partnership, or other 10108
entity, or any person making disbursements to pay the direct costs 10109
of producing or airing electioneering communications, for the 10110
failure to file by electronic means of transmission a campaign 10111
finance statement as required by this section or section 3517.10, 10112
3517.105, 3517.1011, 3517.1012, or 3517.1013 of the Revised Code 10113
that all of the following apply to the campaign committee, 10114
political action committee, political contributing entity, 10115
legislative campaign fund, or political party, the individual, 10116
partnership, or other entity, or the person making disbursements 10117
to pay the direct costs of producing or airing electioneering 10118
communications, that failed to so file: 10119

       (1) The campaign committee, political action committee, 10120
political contributing entity, legislative campaign fund, or 10121
political party, the individual, partnership, or other entity, or 10122
the person making disbursements to pay the direct costs of 10123
producing or airing electioneering communications attempted to 10124
file by electronic means of transmission the required statement 10125
prior to the deadline set forth in the applicable section. 10126

       (2) The campaign committee, political action committee, 10127
political contributing entity, legislative campaign fund, or 10128
political party, the individual, partnership, or other entity, or 10129
the person making disbursements to pay the direct costs of 10130
producing or airing electioneering communications was unable to 10131
file by electronic means of transmission due to an expected or 10132
unexpected shutdown of the whole or part of the electronic 10133
campaign finance statement-filing system, such as for maintenance 10134
or because of hardware, software, or network connection failure. 10135

       (3) The campaign committee, political action committee, 10136
political contributing entity, legislative campaign fund, or 10137
political party, the individual, partnership, or other entity, or 10138
the person making disbursements to pay the direct costs of 10139
producing or airing electioneering communications filed by 10140
electronic means of transmission the required statement within a 10141
reasonable period of time after being unable to so file it under 10142
the circumstance described in division (K)(2) of this section. 10143

       (L)(1) The secretary of state shall adopt rules pursuant to 10144
Chapter 119. of the Revised Code to permit a campaign committee of 10145
a candidate for statewide office that makes expenditures of less 10146
than twenty-five thousand dollars during the filing period or a 10147
campaign committee for the office of member of the general 10148
assembly or the office of judge of a court of appeals that would 10149
otherwise be required to file campaign finance statements by 10150
electronic means of transmission under division (E) or (F) of this 10151
section to file those statements by paper with the office of the 10152
secretary of state. Those rules shall provide for all of the 10153
following: 10154

       (a) An eligible campaign committee that wishes to file a 10155
campaign finance statement by paper instead of by electronic means 10156
of transmission shall file the statement on paper with the office 10157
of the secretary of state not sooner than twenty-four hours after 10158
the end of the filing period set forth in section 3517.10 of the 10159
Revised Code that is covered by the applicable statement. 10160

       (b) The statement shall be accompanied by a fee, the amount 10161
of which the secretary of state shall determine by rule. The 10162
amount of the fee established under this division shall not exceed 10163
the data entry and data verification costs the secretary of state 10164
will incur to convert the information on the statement to an 10165
electronic format as required under division (I) of this section. 10166

       (c) The secretary of state shall arrange for the information 10167
in campaign finance statements filed pursuant to division (L) of 10168
this section to be made available online to the public through the 10169
internet in the same manner, and at the same times, as information 10170
is made available under divisions (E), (F), and (I) of this 10171
section for candidates whose campaign committees file those 10172
statements by electronic means of transmission. 10173

       (d) The candidate of an eligible campaign committee that 10174
intends to file a campaign finance statement pursuant to division 10175
(L) of this section shall file ~~an affidavit~~a notice indicating 10176
that the candidate's campaign committee intends to so file and 10177
stating that filing the statement by electronic means of 10178
transmission would constitute a hardship for the candidate or for 10179
the eligible campaign committee. 10180

       (e) An eligible campaign committee that files a campaign 10181
finance statement on paper pursuant to division (L) of this 10182
section shall review the contribution and information made 10183
available online by the secretary of state with respect to that 10184
paper filing and shall notify the secretary of state of any errors 10185
with respect to that filing that appear in the data made available 10186
on that web site. 10187

       (f) If an eligible campaign committee whose candidate has 10188
filed ~~an affidavit~~a notice in accordance with rules adopted under 10189
division (L)(1)(d) of this section subsequently fails to file that 10190
statement on paper by the applicable deadline established in rules 10191
adopted under division (L)(1)(a) of this section, penalties for 10192
the late filing of the campaign finance statement shall apply to 10193
that campaign committee for each day after that paper filing 10194
deadline, as if the campaign committee had filed the statement 10195
after the applicable deadline set forth in division (A) of section 10196
3517.10 of the Revised Code. 10197

       (2) The process for permitting campaign committees that would 10198
otherwise be required to file campaign finance statements by 10199
electronic means of transmission to file those statements on paper 10200
with the office of the secretary of state that is required to be 10201
developed under division (L)(1) of this section shall be in effect 10202
and available for use by eligible campaign committees for all 10203
campaign finance statements that are required to be filed on or 10204
after June 30, 2005. Notwithstanding any provision of the Revised 10205
Code to the contrary, if the process the secretary of state is 10206
required to develop under division (L)(1) of this section is not 10207
in effect and available for use on and after June 30, 2005, all 10208
penalties for the failure of campaign committees to file campaign 10209
finance statements by electronic means of transmission shall be 10210
suspended until such time as that process is in effect and 10211
available for use. 10212

       (3) Notwithstanding any provision of the Revised Code to the 10213
contrary, any eligible campaign committee that files campaign 10214
finance statements on paper with the office of the secretary of 10215
state pursuant to division (L)(1) of this section shall be deemed 10216
to have filed those campaign finance statements by electronic 10217
means of transmission to the office of the secretary of state. 10218

       Sec. 3517.1011. (A) As used in this section: 10219

       (1) "Address" has the same meaning as in section 3517.10 of 10220
the Revised Code. 10221

       (2) "Broadcast, cable, or satellite communication" means a 10222
communication that is publicly distributed by a television 10223
station, radio station, cable television system, or satellite 10224
system. 10225

       (3) "Candidate" has the same meaning as in section 3501.01 of 10226
the Revised Code; 10227

       (4) "Contribution" means any loan, gift, deposit, forgiveness 10228
of indebtedness, donation, advance, payment, or transfer of funds 10229
or of anything of value, including a transfer of funds from an 10230
inter vivos or testamentary trust or decedent's estate, and the 10231
payment by any person other than the person to whom the services 10232
are rendered for the personal services of another person, that is 10233
made, received, or used to pay the direct costs of producing or 10234
airing electioneering communications. 10235

       ~~(4)~~(5)(a) "Coordinated electioneering communication" means 10236
any electioneering communication that is made pursuant to any 10237
arrangement, coordination, or direction by a candidate or a 10238
candidate's campaign committee, by an officer, agent, employee, or 10239
consultant of a candidate or a candidate's campaign committee, or 10240
by a former officer, former agent, former employee, or former 10241
consultant of a candidate or a candidate's campaign committee 10242
prior to the airing, broadcasting, or cablecasting of the 10243
communication. An electioneering communication is presumed to be a 10244
"coordinated electioneering communication" when it is either of 10245
the following: 10246

       (i) Based on information about a candidate's plans, projects, 10247
or needs provided to the person making the disbursement by the 10248
candidate or the candidate's campaign committee, by an officer, 10249
agent, employee, or consultant of the candidate or the candidate's 10250
campaign committee, or by a former officer, former agent, former 10251
employee, or former consultant of the candidate or the candidate's 10252
campaign committee, with a view toward having the communication 10253
made; 10254

       (ii) Made by or through any person who is, or has been, 10255
authorized to raise or expend funds on behalf of a candidate or 10256
the candidate's campaign committee, who is, or has been, an 10257
officer, agent, employee, or consultant of the candidate or of the 10258
candidate's campaign committee, or who is, or has been, receiving 10259
any form of compensation or reimbursement from the candidate or 10260
the candidate's campaign committee or from an officer, agent, 10261
employee, or consultant of the candidate or of the candidate's 10262
campaign committee. 10263

       (b) An electioneering communication shall not be presumed to 10264
be a "coordinated electioneering communication" under division 10265
(A)~~(4)~~(5)(a)(ii) of this section if the communication is made 10266
through any person who provides a service that does not affect the 10267
content of the communication, such as communications placed 10268
through the efforts of a media buyer, unless that person also 10269
affects the content of the communication. 10270

       ~~(5)~~(6) "Disclosure date" means both of the following: 10271

       (a) The first date during any calendar year by which a person 10272
makes disbursements for the direct costs of producing or airing 10273
electioneering communications aggregating in excess of ten 10274
thousand dollars; 10275

       (b) The same day of the week of each remaining week in the 10276
same calendar year as the day of the week of the initial 10277
disclosure date established under division (A)~~(5)~~(6)(a) of this 10278
section, if, during that remaining week, the person makes 10279
disbursements for the direct costs of producing or airing 10280
electioneering communications aggregating in excess of one dollar. 10281

       ~~(6)~~(7)(a) "Electioneering communication" means any broadcast, 10282
cable, or satellite communication that refers to a clearly 10283
identified candidate and that is made during either of the 10284
following periods of time: 10285

       (i) If the person becomes a candidate before the day of the 10286
primary election at which candidates will be nominated for 10287
election to that office, between the date that the person becomes 10288
a candidate and the thirtieth day prior to that primary election, 10289
and between the date of the primary election and the thirtieth day 10290
prior to the general election at which a candidate will be elected 10291
to that office; 10292

       (ii) If the person becomes a candidate after the day of the 10293
primary election at which candidates were nominated for election 10294
to that office, between the date of the primary election and the 10295
thirtieth day prior to the general election at which a candidate 10296
will be elected to that office. 10297

       (b) "Electioneering communication" does not include any of 10298
the following: 10299

       (i) A communication that is publicly disseminated through a 10300
means of communication other than a broadcast, cable, or satellite 10301
television or radio station. For example, "electioneering 10302
communication" does not include communications appearing in print 10303
media, including a newspaper or magazine, handbill, brochure, 10304
bumper sticker, yard sign, poster, billboard, and other written 10305
materials, including mailings; communications over the internet, 10306
including electronic mail; or telephone communications. 10307

       (ii) A communication that appears in a news story, 10308
commentary, public service announcement, bona fide news 10309
programming, or editorial distributed through the facilities of 10310
any broadcast, cable, or satellite television or radio station, 10311
unless those facilities are owned or controlled by any political 10312
party, political committee, or candidate; 10313

        (iii) A communication that constitutes an expenditure or an 10314
independent expenditure under section 3517.01 of the Revised Code; 10315

       (iv) A communication that constitutes a candidate debate or 10316
forum or that solely promotes a candidate debate or forum and is 10317
made by or on behalf of the person sponsoring the debate or forum. 10318

       ~~(7)~~(8) "Filing date" has the same meaning as in section 10319
3517.109 of the Revised Code. 10320

       ~~(8)~~(9) "Immigration and Nationality Act" means the 10321
Immigration and Nationality Act, 110 Stat. 309 (1996), 8 U.S.C. 10322
1101 et seq., as amended. 10323

       ~~(9)~~(10) "Person" has the same meaning as in section 1.59 of 10324
the Revised Code and includes any political organization 10325
considered exempt from income taxation under section 527 of the 10326
Internal Revenue Code. 10327

       ~~(10)~~(11) "Political committee" means any of the following: 10328

       (a) Any committee, club, association, or other group of 10329
persons that receives contributions aggregating in excess of one 10330
thousand dollars during a calendar year or that makes expenditures 10331
aggregating in excess of one thousand dollars during a calendar 10332
year; 10333

       (b) Any separate segregated fund; 10334

       (c) Any state, county, or local committee of a political 10335
party that does any of the following: 10336

       (i) Receives contributions aggregating in excess of five 10337
thousand dollars during a calendar year; 10338

       (ii) Makes payments that do not constitute contributions or 10339
expenditures aggregating in excess of five thousand dollars during 10340
a calendar year; 10341

       (iii) Makes contributions or expenditures aggregating in 10342
excess of one thousand dollars during a calendar year. 10343

       ~~(11)~~(12) "Publicly distributed" means aired, broadcast, 10344
cablecast, or otherwise disseminated for a fee. 10345

       ~~(12)~~(13) "Refers to a clearly identified candidate" means 10346
that the candidate's name, nickname, photograph, or drawing 10347
appears, or the identity of the candidate is otherwise apparent 10348
through an unambiguous reference to the person such as "the chief 10349
justice," "the governor," "member of the Ohio senate," "member of 10350
the Ohio house of representatives," "county auditor," "mayor," or 10351
"township trustee" or through an unambiguous reference to the 10352
person's status as a candidate. 10353

       (B) For the purposes of this section, a person shall be 10354
considered to have made a disbursement if the person has entered 10355
into a contract to make the disbursement. 10356

       (C) Any person intending to make a disbursement or 10357
disbursements for the direct costs of producing or airing 10358
electioneering communications, prior to making the first 10359
disbursement for the direct costs of producing or airing an 10360
electioneering communication, shall file a notice with the office 10361
of the secretary of state that the person is intending to make 10362
such disbursements. 10363

       (D)(1) Every person that makes a disbursement or 10364
disbursements for the direct costs of producing and airing 10365
electioneering communications aggregating in excess of ten 10366
thousand dollars during any calendar year shall file, within 10367
twenty-four hours of each disclosure date, a disclosure of 10368
electioneering communications statement containing the following 10369
information: 10370

       (a) The full name and address of the person making the 10371
disbursement, of any person sharing or exercising direction or 10372
control over the activities of the person making the disbursement, 10373
and of the custodian of the books and accounts of the person 10374
making the disbursement; 10375

       (b) The principal place of business of the person making the 10376
disbursement, if not an individual; 10377

       (c) The amount of each disbursement of more than one dollar 10378
during the period covered by the statement and the identity of the 10379
person to whom the disbursement was made; 10380

       (d) The nominations or elections to which the electioneering 10381
communications pertain and the names, if known, of the candidates 10382
identified or to be identified; 10383

       (e) If the disbursements were paid out of a segregated bank 10384
account that consists of funds contributed solely by individuals 10385
who are United States citizens or nationals or lawfully admitted 10386
for permanent residence as defined in section 101(a)(20) of the 10387
Immigration and Nationality Act directly to the account for 10388
electioneering communications, the information specified in 10389
division (D)(2) of this section for all contributors who 10390
contributed an aggregate amount of two hundred dollars or more to 10391
the segregated bank account and whose contributions were used for 10392
making the disbursement or disbursements required to be reported 10393
under division (D) of this section during the period covered by 10394
the statement. Nothing in this division prohibits or shall be 10395
construed to prohibit the use of funds in such a segregated bank 10396
account for a purpose other than electioneering communications. 10397

       (f) If the disbursements were paid out of funds not described 10398
in division (D)(1)(e) of this section, the information specified 10399
in division (D)(2) of this section for all contributors who 10400
contributed an aggregate amount of two hundred dollars or more to 10401
the person making the disbursement and whose contributions were 10402
used for making the disbursement or disbursements required to be 10403
reported under division (D) of this section during the period 10404
covered by the statement. 10405

       (2) For each contributor for which information is required to 10406
be reported under division (D)(1)(e) or (f) of this section, all 10407
of the following shall be reported: 10408

       (a) The month, day, and year that the contributor made the 10409
contribution or contributions aggregating two hundred dollars or 10410
more; 10411

       (b)(i) The full name and address of the contributor, and, if 10412
the contributor is a political action committee, the registration 10413
number assigned to the political action committee under division 10414
(D)(1) of section 3517.10 of the Revised Code; 10415

       (ii) If the contributor is an individual, the name of the 10416
individual's current employer, if any, or, if the individual is 10417
self-employed, the individual's occupation and the name of the 10418
individual's business, if any; 10419

       (iii) If the contribution is transmitted pursuant to section 10420
3599.031 of the Revised Code from amounts deducted from the wages 10421
and salaries of two or more employees that exceed in the aggregate 10422
one hundred dollars during the period specified in division 10423
(D)(1)(e) or (f) of this section, as applicable, the full name of 10424
the employees' employer and the full name of the labor 10425
organization of which the employees are members, if any. 10426

       (c) A description of the contribution, if other than money; 10427

       (d) The value in dollars and cents of the contribution. 10428

       (3) Subject to the secretary of state having implemented, 10429
tested, and verified the successful operation of any system the 10430
secretary of state prescribes pursuant to divisions (C)(6)(b) and 10431
(D)(6) of section 3517.10 and division (H)(1) of section 3517.106 10432
of the Revised Code for the filing of campaign finance statements 10433
by electronic means of transmission, a person shall file the 10434
disclosure of electioneering communications statement prescribed 10435
under divisions (D)(1) and (2) of this section by electronic means 10436
of transmission to the office of the secretary of state. 10437

       Within five business days after the secretary of state 10438
receives a disclosure of electioneering communications statement 10439
under this division, the secretary of state shall make available 10440
online to the public through the internet, as provided in division 10441
(I) of section 3517.106 of the Revised Code, the contribution and 10442
disbursement information in that statement. 10443

       If a filed disclosure of electioneering communications 10444
statement is found to be incomplete or inaccurate after its 10445
examination for completeness and accuracy pursuant to division 10446
(B)(3)(a) of section 3517.11 of the Revised Code, the person shall 10447
file by electronic means of transmission to the office of the 10448
secretary of state any addendum, amendment, or other correction to 10449
the statement that provides the information necessary to complete 10450
or correct the statement or, if required by the secretary of state 10451
under that division, an amended statement. 10452

       Within five business days after the secretary of state 10453
receives an addendum, amendment, or other correction to a 10454
disclosure of electioneering communications statement or an 10455
amended statement by electronic means of transmission under this 10456
division or division (B)(3)(a) of section 3517.11 of the Revised 10457
Code, the secretary of state shall make the contribution and 10458
disbursement information in the addendum, amendment, or other 10459
correction to the statement or amended statement available online 10460
to the public through the internet as provided in division (I) of 10461
section 3517.106 of the Revised Code. 10462

       (E)(1) Any person who makes a contribution for the purpose of 10463
funding the direct costs of producing or airing an electioneering 10464
communication under this section shall provide the person's full 10465
name and address to the recipient of the contribution at the time 10466
the contribution is made. 10467

       (2) Any individual who makes a contribution or contributions 10468
aggregating two hundred dollars or more for the purpose of funding 10469
the direct costs of producing or airing an electioneering 10470
communication under this section shall provide the name of the 10471
individual's current employer, if any, or, if the individual is 10472
self-employed, the individual's occupation and the name of the 10473
individual's business, if any, to the recipient of the 10474
contribution at the time the contribution is made. 10475

       (F) In each electioneering communication, a statement shall 10476
appear or be presented in a clear and conspicuous manner that does 10477
both of the following: 10478

       (1) Clearly indicates that the electioneering communication 10479
is not authorized by the candidate or the candidate's campaign 10480
committee; 10481

       (2) Clearly identifies the person making the disbursement for 10482
the electioneering communication in accordance with section 10483
3517.20 of the Revised Code. 10484

       (G) Any coordinated electioneering communication is an 10485
in-kind contribution, subject to the applicable contribution 10486
limits prescribed in section 3517.102 of the Revised Code, to the 10487
candidate by the person making disbursements to pay the direct 10488
costs of producing or airing the communication. 10489

       (H) No person shall make, during the thirty days preceding a 10490
primary election or during the thirty days preceding a general 10491
election, any broadcast, cable, or satellite communication that 10492
refers to a clearly identified candidate using any contributions 10493
received from a corporation or labor organization. 10494

       Sec. 3517.12. (A) Prior to receiving a contribution or making 10495
an expenditure, the circulator or committee in charge of an 10496
initiative or referendum petition, or supplementary petition for 10497
additional signatures, for the submission of a constitutional 10498
amendment, proposed law, section, or item of any law shall appoint 10499
a treasurer and shall file with the secretary of state, on a form 10500
prescribed by the secretary of state, a designation of that 10501
appointment, including the full name and address of the treasurer 10502
and of the circulator or committee. 10503

        (B) The circulator or the committee in charge of an 10504
initiative or referendum petition, or supplementary petition for 10505
additional signatures, for the submission of a constitutional 10506
amendment, proposed law, section, or item of any law shall, within 10507
thirty days after ~~such~~those petition papers are filed, file with 10508
the secretary of state, on a form prescribed by the secretary of 10509
state, an itemized statement, made under penalty of election 10510
falsification, showing in detail the following: 10511

       ~~(A)~~(1) All money or things of value paid, given, or promised, 10512
or received for circulating ~~such~~the petitions; 10513

       ~~(B)~~(2) All appointments, promotions, or increases in salary, 10514
in positions which were given or, promised, or received, or to 10515
obtain which assistance was given or, promised, or received as a 10516
consideration for work done in circulating petitions; 10517

       ~~(C)~~(3) Full names and addresses, including street, city, and 10518
state, of all persons to whom such payments or promises were made 10519
and of all persons from whom such payments or promises were 10520
received; 10521

       ~~(D)~~(4) Full names and addresses, including street, city, and 10522
state, of all persons who contributed anything of value to be used 10523
in circulating ~~such~~the petitions, and the amounts of those 10524
contributions; 10525

       ~~(E)~~(5) Time spent and salaries earned while soliciting 10526
signatures to petitions by persons who were regular salaried 10527
employees of some person or whom ~~said~~that employer authorized to 10528
solicit as part of their regular duties. 10529

       If no money or things of value were paid or received or if no 10530
promises were made or received as a consideration for work done in 10531
circulating ~~such~~a petition, the statement shall contain words to 10532
that effect. 10533

       (C) The treasurer designated under division (A) of this 10534
section shall file statements of contributions and expenditures in 10535
accordance with section 3517.10 of the Revised Code regarding all 10536
contributions made or received and all expenditures made by that 10537
treasurer or the circulator or committee in connection with the 10538
initiative or referendum petition, or supplementary petition for 10539
additional signatures, for the submission of a constitutional 10540
amendment, proposed law, section, or item of any law. 10541

       Sec. 3517.13. (A)(1) No campaign committee of a statewide 10542
candidate shall fail to file a complete and accurate statement 10543
required under division (A)(1) of section 3517.10 of the Revised 10544
Code. 10545

       (2) No campaign committee of a statewide candidate shall fail 10546
to file a complete and accurate monthly statement, and no campaign 10547
committee of a statewide candidate or a candidate for the office 10548
of chief justice or justice of the supreme court shall fail to 10549
file a complete and accurate two-business-day statement, as 10550
required under section 3517.10 of the Revised Code. 10551

        As used in this division, "statewide candidate" has the same 10552
meaning as in division (F)(2) of section 3517.10 of the Revised 10553
Code. 10554

       (B) No campaign committee shall fail to file a complete and 10555
accurate statement required under division (A)(1) of section 10556
3517.10 of the Revised Code. 10557

       (C) No campaign committee shall fail to file a complete and 10558
accurate statement required under division (A)(2) of section 10559
3517.10 of the Revised Code. 10560

       (D) No campaign committee shall fail to file a complete and 10561
accurate statement required under division (A)(3) or (4) of 10562
section 3517.10 of the Revised Code. 10563

       (E) No person other than a campaign committee shall knowingly 10564
fail to file a statement required under section 3517.10 or 10565
3517.107 of the Revised Code. 10566

       (F) No person shall make cash contributions to any person 10567
totaling more than one hundred dollars in each primary, special, 10568
or general election. 10569

       (G)(1) No person shall knowingly conceal or misrepresent 10570
contributions given or received, expenditures made, or any other 10571
information required to be reported by a provision in sections 10572
3517.08 to 3517.13 and 3517.17 of the Revised Code. 10573

       (2)(a) No person shall make a contribution to a campaign 10574
committee, political action committee, political contributing 10575
entity, legislative campaign fund, political party, or person 10576
making disbursements to pay the direct costs of producing or 10577
airing electioneering communications in the name of another 10578
person. 10579

       (b) A person does not make a contribution in the name of 10580
another when either of the following applies: 10581

       (i) An individual makes a contribution from a partnership or 10582
other unincorporated business account, if the contribution is 10583
reported by listing both the name of the partnership or other 10584
unincorporated business and the name of the partner or owner 10585
making the contribution as required under division (I) of section 10586
3517.10 of the Revised Code. 10587

       (ii) A person makes a contribution in that person's spouse's 10588
name or in both of their names. 10589

       (H) No person within this state, publishing a newspaper or 10590
other periodical, shall charge a campaign committee for political 10591
advertising a rate in excess of the rate such person would charge 10592
if the campaign committee were a general rate advertiser whose 10593
advertising was directed to promoting its business within the same 10594
area as that encompassed by the particular office that the 10595
candidate of the campaign committee is seeking. The rate shall 10596
take into account the amount of space used, as well as the type of 10597
advertising copy submitted by or on behalf of the campaign 10598
committee. All discount privileges otherwise offered by a 10599
newspaper or periodical to general rate advertisers shall be 10600
available upon equal terms to all campaign committees. 10601

       No person within this state, operating a radio or television 10602
station or network of stations in this state, shall charge a 10603
campaign committee for political broadcasts a rate that exceeds: 10604

       (1) During the forty-five days preceding the date of a 10605
primary election and during the sixty days preceding the date of a 10606
general or special election in which the candidate of the campaign 10607
committee is seeking office, the lowest unit charge of the station 10608
for the same class and amount of time for the same period; 10609

       (2) At any other time, the charges made for comparable use of 10610
that station by its other users. 10611

       (I) Subject to divisions (K), (L), (M), and (N) of this 10612
section, no agency or department of this state or any political 10613
subdivision shall award any contract, other than one let by 10614
competitive bidding or a contract incidental to such contract or 10615
which is by force account, for the purchase of goods costing more 10616
than five hundred dollars or services costing more than five 10617
hundred dollars to any individual, partnership, association, 10618
including, without limitation, a professional association 10619
organized under Chapter 1785. of the Revised Code, estate, or 10620
trust if the individual has made or the individual's spouse has 10621
made, or any partner, shareholder, administrator, executor, or 10622
trustee or the spouse of any of them has made, as an individual, 10623
within the two previous calendar years, one or more contributions 10624
totaling in excess of one thousand dollars to the holder of the 10625
public office having ultimate responsibility for the award of the 10626
contract or to the public officer's campaign committee. 10627

       (J) Subject to divisions (K), (L), (M), and (N) of this 10628
section, no agency or department of this state or any political 10629
subdivision shall award any contract, other than one let by 10630
competitive bidding or a contract incidental to such contract or 10631
which is by force account, for the purchase of goods costing more 10632
than five hundred dollars or services costing more than five 10633
hundred dollars to a corporation or business trust, except a 10634
professional association organized under Chapter 1785. of the 10635
Revised Code, if an owner of more than twenty per cent of the 10636
corporation or business trust or the spouse of that person has 10637
made, as an individual, within the two previous calendar years, 10638
taking into consideration only owners for all of that period, one 10639
or more contributions totaling in excess of one thousand dollars 10640
to the holder of a public office having ultimate responsibility 10641
for the award of the contract or to the public officer's campaign 10642
committee. 10643

       (K) For purposes of divisions (I) and (J) of this section, if 10644
a public officer who is responsible for the award of a contract is 10645
appointed by the governor, whether or not the appointment is 10646
subject to the advice and consent of the senate, excluding members 10647
of boards, commissions, committees, authorities, councils, boards 10648
of trustees, task forces, and other such entities appointed by the 10649
governor, the office of the governor is considered to have 10650
ultimate responsibility for the award of the contract. 10651

       (L) For purposes of divisions (I) and (J) of this section, if 10652
a public officer who is responsible for the award of a contract is 10653
appointed by the elected chief executive officer of a municipal 10654
corporation, or appointed by the elected chief executive officer 10655
of a county operating under an alternative form of county 10656
government or county charter, excluding members of boards, 10657
commissions, committees, authorities, councils, boards of 10658
trustees, task forces, and other such entities appointed by the 10659
chief executive officer, the office of the chief executive officer 10660
is considered to have ultimate responsibility for the award of the 10661
contract. 10662

       (M)(1) Divisions (I) and (J) of this section do not apply to 10663
contracts awarded by the board of commissioners of the sinking 10664
fund, municipal legislative authorities, boards of education, 10665
boards of county commissioners, boards of township trustees, or 10666
other boards, commissions, committees, authorities, councils, 10667
boards of trustees, task forces, and other such entities created 10668
by law, by the supreme court or courts of appeals, by county 10669
courts consisting of more than one judge, courts of common pleas 10670
consisting of more than one judge, or municipal courts consisting 10671
of more than one judge, or by a division of any court if the 10672
division consists of more than one judge. This division shall 10673
apply to the specified entity only if the members of the entity 10674
act collectively in the award of a contract for goods or services. 10675

       (2) Divisions (I) and (J) of this section do not apply to 10676
actions of the controlling board. 10677

       (N)(1) Divisions (I) and (J) of this section apply to 10678
contributions made to the holder of a public office having 10679
ultimate responsibility for the award of a contract, or to the 10680
public officer's campaign committee, during the time the person 10681
holds the office and during any time such person was a candidate 10682
for the office. Those divisions do not apply to contributions made 10683
to, or to the campaign committee of, a candidate for or holder of 10684
the office other than the holder of the office at the time of the 10685
award of the contract. 10686

       (2) Divisions (I) and (J) of this section do not apply to 10687
contributions of a partner, shareholder, administrator, executor, 10688
trustee, or owner of more than twenty per cent of a corporation or 10689
business trust made before the person held any of those positions 10690
or after the person ceased to hold any of those positions in the 10691
partnership, association, estate, trust, corporation, or business 10692
trust whose eligibility to be awarded a contract is being 10693
determined, nor to contributions of the person's spouse made 10694
before the person held any of those positions, after the person 10695
ceased to hold any of those positions, before the two were 10696
married, after the granting of a decree of divorce, dissolution of 10697
marriage, or annulment, or after the granting of an order in an 10698
action brought solely for legal separation. Those divisions do not 10699
apply to contributions of the spouse of an individual whose 10700
eligibility to be awarded a contract is being determined made 10701
before the two were married, after the granting of a decree of 10702
divorce, dissolution of marriage, or annulment, or after the 10703
granting of an order in an action brought solely for legal 10704
separation. 10705

       (O) No beneficiary of a campaign fund or other person shall 10706
convert for personal use, and no person shall knowingly give to a 10707
beneficiary of a campaign fund or any other person, for the 10708
beneficiary's or any other person's personal use, anything of 10709
value from the beneficiary's campaign fund, including, without 10710
limitation, payments to a beneficiary for services the beneficiary 10711
personally performs, except as reimbursement for any of the 10712
following: 10713

       (1) Legitimate and verifiable prior campaign expenses 10714
incurred by the beneficiary; 10715

       (2) Legitimate and verifiable ordinary and necessary prior 10716
expenses incurred by the beneficiary in connection with duties as 10717
the holder of a public office, including, without limitation, 10718
expenses incurred through participation in nonpartisan or 10719
bipartisan events if the participation of the holder of a public 10720
office would normally be expected; 10721

       (3) Legitimate and verifiable ordinary and necessary prior 10722
expenses incurred by the beneficiary while doing any of the 10723
following: 10724

       (a) Engaging in activities in support of or opposition to a 10725
candidate other than the beneficiary, political party, or ballot 10726
issue; 10727

       (b) Raising funds for a political party, political action 10728
committee, political contributing entity, legislative campaign 10729
fund, campaign committee, or other candidate; 10730

       (c) Participating in the activities of a political party, 10731
political action committee, political contributing entity, 10732
legislative campaign fund, or campaign committee; 10733

       (d) Attending a political party convention or other political 10734
meeting. 10735

       For purposes of this division, an expense is incurred 10736
whenever a beneficiary has either made payment or is obligated to 10737
make payment, as by the use of a credit card or other credit 10738
procedure or by the use of goods or services received on account. 10739

       (P) No beneficiary of a campaign fund shall knowingly accept, 10740
and no person shall knowingly give to the beneficiary of a 10741
campaign fund, reimbursement for an expense under division (O) of 10742
this section to the extent that the expense previously was 10743
reimbursed or paid from another source of funds. If an expense is 10744
reimbursed under division (O) of this section and is later paid or 10745
reimbursed, wholly or in part, from another source of funds, the 10746
beneficiary shall repay the reimbursement received under division 10747
(O) of this section to the extent of the payment made or 10748
reimbursement received from the other source. 10749

       (Q) No candidate or public official or employee shall accept 10750
for personal or business use anything of value from a political 10751
party, political action committee, political contributing entity, 10752
legislative campaign fund, or campaign committee other than the 10753
candidate's or public official's or employee's own campaign 10754
committee, and no person shall knowingly give to a candidate or 10755
public official or employee anything of value from a political 10756
party, political action committee, political contributing entity, 10757
legislative campaign fund, or such a campaign committee, except 10758
for the following: 10759

       (1) Reimbursement for legitimate and verifiable ordinary and 10760
necessary prior expenses not otherwise prohibited by law incurred 10761
by the candidate or public official or employee while engaged in 10762
any legitimate activity of the political party, political action 10763
committee, political contributing entity, legislative campaign 10764
fund, or such campaign committee. Without limitation, reimbursable 10765
expenses under this division include those incurred while doing 10766
any of the following: 10767

       (a) Engaging in activities in support of or opposition to 10768
another candidate, political party, or ballot issue; 10769

       (b) Raising funds for a political party, legislative campaign 10770
fund, campaign committee, or another candidate; 10771

       (c) Attending a political party convention or other political 10772
meeting. 10773

       (2) Compensation not otherwise prohibited by law for actual 10774
and valuable personal services rendered under a written contract 10775
to the political party, political action committee, political 10776
contributing entity, legislative campaign fund, or such campaign 10777
committee for any legitimate activity of the political party, 10778
political action committee, political contributing entity, 10779
legislative campaign fund, or such campaign committee. 10780

       Reimbursable expenses under this division do not include, and 10781
it is a violation of this division for a candidate or public 10782
official or employee to accept, or for any person to knowingly 10783
give to a candidate or public official or employee from a 10784
political party, political action committee, political 10785
contributing entity, legislative campaign fund, or campaign 10786
committee other than the candidate's or public official's or 10787
employee's own campaign committee, anything of value for 10788
activities primarily related to the candidate's or public 10789
official's or employee's own campaign for election, except for 10790
contributions to the candidate's or public official's or 10791
employee's campaign committee. 10792

       For purposes of this division, an expense is incurred 10793
whenever a candidate or public official or employee has either 10794
made payment or is obligated to make payment, as by the use of a 10795
credit card or other credit procedure, or by the use of goods or 10796
services on account. 10797

       (R)(1) Division (O) or (P) of this section does not prohibit 10798
a campaign committee from making direct advance or post payment 10799
from contributions to vendors for goods and services for which 10800
reimbursement is permitted under division (O) of this section, 10801
except that no campaign committee shall pay its candidate or other 10802
beneficiary for services personally performed by the candidate or 10803
other beneficiary. 10804

       (2) If any expense that may be reimbursed under division (O), 10805
(P), or (Q) of this section is part of other expenses that may not 10806
be paid or reimbursed, the separation of the two types of expenses 10807
for the purpose of allocating for payment or reimbursement those 10808
expenses that may be paid or reimbursed may be by any reasonable 10809
accounting method, considering all of the surrounding 10810
circumstances. 10811

       (3) For purposes of divisions (O), (P), and (Q) of this 10812
section, mileage allowance at a rate not greater than that allowed 10813
by the internal revenue service at the time the travel occurs may 10814
be paid instead of reimbursement for actual travel expenses 10815
allowable. 10816

       (S)(1) As used in division (S) of this section: 10817

       (a) "State elective office" has the same meaning as in 10818
section 3517.092 of the Revised Code. 10819

       (b) "Federal office" means a federal office as defined in the 10820
Federal Election Campaign Act. 10821

       (c) "Federal campaign committee" means a principal campaign 10822
committee or authorized committee as defined in the Federal 10823
Election Campaign Act. 10824

       (2) No person who is a candidate for state elective office 10825
and who previously sought nomination or election to a federal 10826
office shall transfer any funds or assets from that person's 10827
federal campaign committee for nomination or election to the 10828
federal office to that person's campaign committee as a candidate 10829
for state elective office. 10830

       (3) No campaign committee of a person who is a candidate for 10831
state elective office and who previously sought nomination or 10832
election to a federal office shall accept any funds or assets from 10833
that person's federal campaign committee for that person's 10834
nomination or election to the federal office. 10835

       (T)(1) Except as otherwise provided in division (B)(6)(c) of 10836
section 3517.102 of the Revised Code, a state or county political 10837
party shall not disburse moneys from any account other than a 10838
state candidate fund to make contributions to any of the 10839
following: 10840

       (a) A state candidate fund; 10841

       (b) A legislative campaign fund; 10842

       (c) A campaign committee of a candidate for the office of 10843
governor, lieutenant governor, secretary of state, auditor of 10844
state, treasurer of state, attorney general, member of the state 10845
board of education, or member of the general assembly. 10846

       (2) No state candidate fund, legislative campaign fund, or 10847
campaign committee of a candidate for any office described in 10848
division (T)(1)(c) of this section shall knowingly accept a 10849
contribution in violation of division (T)(1) of this section. 10850

       (U) No person shall fail to file ~~the~~a statement required 10851
under section 3517.12 of the Revised Code. 10852

       (V) No campaign committee shall fail to file a statement 10853
required under division (K)(3) of section 3517.10 of the Revised 10854
Code. 10855

       (W)(1) No foreign national shall, directly or indirectly 10856
through any other person or entity, make a contribution, 10857
expenditure, or independent expenditure or promise, either 10858
expressly or implicitly, to make a contribution, expenditure, or 10859
independent expenditure in support of or opposition to a candidate 10860
for any elective office in this state, including an office of a 10861
political party. 10862

       (2) No candidate, campaign committee, political action 10863
committee, political contributing entity, legislative campaign 10864
fund, state candidate fund, political party, or separate 10865
segregated fund shall solicit or accept a contribution, 10866
expenditure, or independent expenditure from a foreign national. 10867
The secretary of state may direct any candidate, committee, 10868
entity, fund, or party that accepts a contribution, expenditure, 10869
or independent expenditure in violation of this division to return 10870
the contribution, expenditure, or independent expenditure or, if 10871
it is not possible to return the contribution, expenditure, or 10872
independent expenditure, then to return instead the value of it, 10873
to the contributor. 10874

       (3) As used in division (W) of this section, "foreign 10875
national" has the same meaning as in section 441e(b) of the 10876
Federal Election Campaign Act. 10877

       (X)(1) No state or county political party shall transfer any 10878
moneys from its restricted fund to any account of the political 10879
party into which contributions may be made or from which 10880
contributions or expenditures may be made. 10881

       (2)(a) No state or county political party shall deposit a 10882
contribution or contributions that it receives into its restricted 10883
fund. 10884

       (b) No state or county political party shall make a 10885
contribution or an expenditure from its restricted fund. 10886

       (3)(a) No corporation or labor organization shall make a gift 10887
or gifts from the corporation's or labor organization's money or 10888
property aggregating more than ten thousand dollars to any one 10889
state or county political party for the party's restricted fund in 10890
a calendar year. 10891

       (b) No state or county political party shall accept a gift or 10892
gifts for the party's restricted fund aggregating more than ten 10893
thousand dollars from any one corporation or labor organization in 10894
a calendar year. 10895

       (4) No state or county political party shall transfer any 10896
moneys in the party's restricted fund to any other state or county 10897
political party. 10898

       (5) No state or county political party shall knowingly fail 10899
to file a statement required under section 3517.1012 of the 10900
Revised Code. 10901

       (Y) The administrator of workers' compensation and the 10902
employees of the bureau of workers' compensation shall not conduct 10903
any business with or award any contract, other than one awarded by 10904
competitive bidding, for the purchase of goods costing more than 10905
five hundred dollars or services costing more than five hundred 10906
dollars to any individual, partnership, association, including, 10907
without limitation, a professional association organized under 10908
Chapter 1785. of the Revised Code, estate, or trust, if the 10909
individual has made, or the individual's spouse has made, or any 10910
partner, shareholder, administrator, executor, or trustee, or the 10911
spouses of any of those individuals has made, as an individual, 10912
within the two previous calendar years, one or more contributions 10913
totaling in excess of one thousand dollars to the campaign 10914
committee of the governor or lieutenant governor or to the 10915
campaign committee of any candidate for the office of governor or 10916
lieutenant governor. 10917

       (Z) The administrator of workers' compensation and the 10918
employees of the bureau of workers' compensation shall not conduct 10919
business with or award any contract, other than one awarded by 10920
competitive bidding, for the purchase of goods costing more than 10921
five hundred dollars or services costing more than five hundred 10922
dollars to a corporation or business trust, except a professional 10923
association organized under Chapter 1785. of the Revised Code, if 10924
an owner of more than twenty per cent of the corporation or 10925
business trust, or the spouse of the owner, has made, as an 10926
individual, within the two previous calendar years, taking into 10927
consideration only owners for all of such period, one or more 10928
contributions totaling in excess of one thousand dollars to the 10929
campaign committee of the governor or lieutenant governor or to 10930
the campaign committee of any candidate for the office of governor 10931
or lieutenant governor. 10932

       Sec. 3517.153. (A) Upon the filing of a complaint with the 10933
Ohio elections commission, which shall be made by affidavit of any 10934
person, on personal knowledge, and subject to the penalties for 10935
perjury, or upon the filing of a complaint made by the secretary 10936
of state or an official at the board of elections, setting forth a 10937
failure to comply with or a violation of any provision in sections 10938
3517.08 to 3517.13, 3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, 10939
or 3599.031 of the Revised Code, the commission shall proceed in 10940
accordance with sections 3517.154 to 3517.157 of the Revised Code. 10941

       (B) The commission shall prescribe the form for complaints 10942
made under division (A) of this section. The secretary of state 10943
and boards of elections shall furnish the information that the 10944
commission requests. The commission or a member of the commission 10945
may administer oaths, and the commission may issue subpoenas to 10946
any person in the state compelling the attendance of witnesses and 10947
the production of relevant papers, books, accounts, and reports. 10948
Section 101.42 of the Revised Code governs the issuance of 10949
subpoenas insofar as applicable. Upon the refusal of any person to 10950
obey a subpoena or to be sworn or to answer as a witness, the 10951
commission may apply to the court of common pleas of Franklin 10952
county under section 2705.03 of the Revised Code. The court shall 10953
hold proceedings in accordance with Chapter 2705. of the Revised 10954
Code. 10955

       (C) No prosecution shall commence for a violation of a 10956
provision in sections 3517.08 to 3517.13, 3517.17, 3517.18, 10957
3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised Code 10958
unless a complaint has been filed with the commission under this 10959
section and all proceedings of the commission or a panel of the 10960
commission, as appropriate, under sections 3517.154 to 3517.157 of 10961
the Revised Code are completed. 10962

       (D) The commission may recommend legislation and render 10963
advisory opinions concerning sections 3517.08, 3517.082, 3517.092, 10964
3517.102, 3517.103, 3517.105, 3517.13, 3517.18, 3517.20 to 10965
3517.22, 3599.03, and 3599.031 of the Revised Code for persons 10966
over whose acts it has or may have jurisdiction. When the 10967
commission renders an advisory opinion relating to a specific set 10968
of circumstances involving any of those sections stating that 10969
there is no violation of a provision in those sections, the person 10970
to whom the opinion is directed or a person who is similarly 10971
situated may reasonably rely on the opinion and is immune from 10972
criminal prosecution and a civil action, including, without 10973
limitation, a civil action for removal from public office or 10974
employment, based on facts and circumstances covered by the 10975
opinion. 10976

       (E) The commission shall establish a web site on which it 10977
shall post, at a minimum, all decisions and advisory opinions 10978
issued by the commission and copies of each election law as it is 10979
amended by the general assembly. The commission shall update the 10980
web site regularly to reflect any changes to those decisions and 10981
advisory opinions and any new decisions and advisory opinions. 10982

       Sec. 3517.992. This section establishes penalties only with 10983
respect to acts or failures to act that occur on and after August 10984
24, 1995. 10985

       (A)(1) A candidate whose campaign committee violates division 10986
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code, 10987
or a treasurer of a campaign committee who violates any of those 10988
divisions, shall be fined not more than one hundred dollars for 10989
each day of violation. 10990

       (2) Whoever violates division (E) or (X)(5) of section 10991
3517.13 of the Revised Code shall be fined not more than one 10992
hundred dollars for each day of violation. 10993

       (B) A political party that violates division (F)(1) of 10994
section 3517.101 of the Revised Code shall be fined not more than 10995
one hundred dollars for each day of violation. 10996

       (C) Whoever violates division (F)(2) of section 3517.101 or 10997
division (G) of section 3517.13 of the Revised Code shall be fined 10998
not more than ten thousand dollars or, if the offender is a person 10999
who was nominated or elected to public office, shall forfeit the 11000
nomination or the office to which the offender was elected, or 11001
both. 11002

       (D) Whoever violates division (F) of section 3517.13 of the 11003
Revised Code shall be fined not more than three times the amount 11004
contributed. 11005

       (E) Whoever violates division (H) of section 3517.13 of the 11006
Revised Code shall be fined not more than one hundred dollars. 11007

       (F) Whoever violates division (O), (P), or (Q) of section 11008
3517.13 of the Revised Code is guilty of a misdemeanor of the 11009
first degree. 11010

       (G) A state or county committee of a political party that 11011
violates division (B)(1) of section 3517.18 of the Revised Code 11012
shall be fined not more than twice the amount of the improper 11013
expenditure. 11014

       (H) A state or county political party that violates division 11015
(G) of section 3517.101 of the Revised Code shall be fined not 11016
more than twice the amount of the improper expenditure or use. 11017

       (I)(1) Any individual who violates division (B)(1) of section 11018
3517.102 of the Revised Code and knows that the contribution the 11019
individual makes violates that division shall be fined an amount 11020
equal to three times the amount contributed in excess of the 11021
amount permitted by that division. 11022

       (2) Any political action committee that violates division 11023
(B)(2) of section 3517.102 of the Revised Code shall be fined an 11024
amount equal to three times the amount contributed in excess of 11025
the amount permitted by that division. 11026

       (3) Any campaign committee that violates division (B)(3) or 11027
(5) of section 3517.102 of the Revised Code shall be fined an 11028
amount equal to three times the amount contributed in excess of 11029
the amount permitted by that division. 11030

       (4)(a) Any legislative campaign fund that violates division 11031
(B)(6) of section 3517.102 of the Revised Code shall be fined an 11032
amount equal to three times the amount transferred or contributed 11033
in excess of the amount permitted by that division, as applicable. 11034

       (b) Any state political party, county political party, or 11035
state candidate fund of a state political party or county 11036
political party that violates division (B)(6) of section 3517.102 11037
of the Revised Code shall be fined an amount equal to three times 11038
the amount transferred or contributed in excess of the amount 11039
permitted by that division, as applicable. 11040

       (c) Any political contributing entity that violates division 11041
(B)(7) of section 3517.102 of the Revised Code shall be fined an 11042
amount equal to three times the amount contributed in excess of 11043
the amount permitted by that division. 11044

       (5) Any political party that violates division (B)(4) of 11045
section 3517.102 of the Revised Code shall be fined an amount 11046
equal to three times the amount contributed in excess of the 11047
amount permitted by that division. 11048

       (6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5) 11049
of this section, no violation of division (B) of section 3517.102 11050
of the Revised Code occurs, and the secretary of state shall not 11051
refer parties to the Ohio elections commission, if the amount 11052
transferred or contributed in excess of the amount permitted by 11053
that division meets either of the following conditions: 11054

       (a) It is completely refunded within five business days after 11055
it is accepted. 11056

       (b) It is completely refunded on or before the tenth business 11057
day after notification to the recipient of the excess transfer or 11058
contribution by the board of elections or the secretary of state 11059
that a transfer or contribution in excess of the permitted amount 11060
has been received. 11061

       (J)(1) Any campaign committee that violates division (C)(1), 11062
(2), (3), or (6) of section 3517.102 of the Revised Code shall be 11063
fined an amount equal to three times the amount accepted in excess 11064
of the amount permitted by that division. 11065

       (2)(a) Any county political party that violates division 11066
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code 11067
shall be fined an amount equal to three times the amount accepted. 11068

       (b) Any county political party that violates division 11069
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be 11070
fined an amount from its state candidate fund equal to three times 11071
the amount accepted in excess of the amount permitted by that 11072
division. 11073

       (c) Any state political party that violates division 11074
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined 11075
an amount from its state candidate fund equal to three times the 11076
amount accepted in excess of the amount permitted by that 11077
division. 11078

       (3) Any legislative campaign fund that violates division 11079
(C)(5) of section 3517.102 of the Revised Code shall be fined an 11080
amount equal to three times the amount accepted in excess of the 11081
amount permitted by that division. 11082

       (4) Any political action committee or political contributing 11083
entity that violates division (C)(7) of section 3517.102 of the 11084
Revised Code shall be fined an amount equal to three times the 11085
amount accepted in excess of the amount permitted by that 11086
division. 11087

       (5) Notwithstanding divisions (J)(1), (2), (3), and (4) of 11088
this section, no violation of division (C) of section 3517.102 of 11089
the Revised Code occurs, and the secretary of state shall not 11090
refer parties to the Ohio elections commission, if the amount 11091
transferred or contributed in excess of the amount permitted to be 11092
accepted by that division meets either of the following 11093
conditions: 11094

       (a) It is completely refunded within five business days after 11095
its acceptance. 11096

       (b) It is completely refunded on or before the tenth business 11097
day after notification to the recipient of the excess transfer or 11098
contribution by the board of elections or the secretary of state 11099
that a transfer or contribution in excess of the permitted amount 11100
has been received. 11101

       (K)(1) Any legislative campaign fund that violates division 11102
(F)(1) of section 3517.102 of the Revised Code shall be fined 11103
twenty-five dollars for each day of violation. 11104

       (2) Any legislative campaign fund that violates division 11105
(F)(2) of section 3517.102 of the Revised Code shall give to the 11106
treasurer of state for deposit into the state treasury to the 11107
credit of the Ohio elections commission fund all excess 11108
contributions not disposed of as required by division (E) of 11109
section 3517.102 of the Revised Code. 11110

       (L) Whoever violates section 3517.105 of the Revised Code 11111
shall be fined one thousand dollars. 11112

       (M)(1) Whoever solicits a contribution in violation of 11113
section 3517.092 or violates division (B) of section 3517.09 of 11114
the Revised Code is guilty of a misdemeanor of the first degree. 11115

       (2) Whoever knowingly ~~accepts a contribution in violation of~~ 11116
~~division (B) or (C) of~~violates section 3517.092 of the Revised 11117
Code shall be fined an amount equal to three times the amount 11118
accepted in ~~violation of either of those divisions~~excess of the 11119
amount permitted by that section and shall return to the 11120
contributor any amount so accepted in excess of the amount 11121
permitted by that section. Whoever unknowingly ~~accepts a~~ 11122
~~contribution in violation of division (B) or (C) of~~violates 11123
section 3517.092 of the Revised Code shall return to the 11124
contributor any amount so accepted in excess of the amount 11125
permitted by that section. 11126

       (N) Whoever violates division (S) of section 3517.13 of the 11127
Revised Code shall be fined an amount equal to three times the 11128
amount of funds transferred or three times the value of the assets 11129
transferred in violation of that division. 11130

       (O) Any campaign committee that accepts a contribution or 11131
contributions in violation of section 3517.108 of the Revised 11132
Code, uses a contribution in violation of that section, or fails 11133
to dispose of excess contributions in violation of that section 11134
shall be fined an amount equal to three times the amount accepted, 11135
used, or kept in violation of that section. 11136

       (P) Any political party, state candidate fund, legislative 11137
candidate fund, or campaign committee that violates division (T) 11138
of section 3517.13 of the Revised Code shall be fined an amount 11139
equal to three times the amount contributed or accepted in 11140
violation of that section. 11141

       (Q) A treasurer of a committee or another person who violates 11142
division (U) of section 3517.13 of the Revised Code shall be fined 11143
not more than two hundred fifty dollars. 11144

       (R) Whoever violates division (I) or (J) of section 3517.13 11145
of the Revised Code shall be fined not more than one thousand 11146
dollars. Whenever a person is found guilty of violating division 11147
(I) or (J) of section 3517.13 of the Revised Code, the contract 11148
awarded in violation of either of those divisions shall be 11149
rescinded if its terms have not yet been performed. 11150

       (S) A candidate whose campaign committee violates or a 11151
treasurer of a campaign committee who violates section 3517.081 of 11152
the Revised Code, and a candidate whose campaign committee 11153
violates or a treasurer of a campaign committee or another person 11154
who violates division (C) of section 3517.10 of the Revised Code, 11155
shall be fined not more than five hundred dollars. 11156

       (T) A candidate whose campaign committee violates or a 11157
treasurer of a committee who violates division (B) of section 11158
3517.09 of the Revised Code, or a candidate whose campaign 11159
committee violates or a treasurer of a campaign committee or 11160
another person who violates division (C) of section 3517.09 of the 11161
Revised Code shall be fined not more than one thousand dollars. 11162

       (U) Whoever violates section 3517.20 of the Revised Code 11163
shall be fined not more than five hundred dollars. 11164

       (V) Whoever violates section 3517.21 or 3517.22 of the 11165
Revised Code shall be imprisoned for not more than six months or 11166
fined not more than five thousand dollars, or both. 11167

       (W) A campaign committee that is required to file a 11168
declaration of no limits under division (D)(2) of section 3517.103 11169
of the Revised Code that, before filing that declaration, accepts 11170
a contribution or contributions that exceed the limitations 11171
prescribed in section 3517.102 of the Revised Code, shall return 11172
that contribution or those contributions to the contributor. 11173

       (X) Any campaign committee that fails to file the declaration 11174
of filing-day finances required by division (F) of section 11175
3517.109 or the declaration of primary-day finances or declaration 11176
of year-end finances required by division (E) of section 3517.1010 11177
of the Revised Code shall be fined twenty-five dollars for each 11178
day of violation. 11179

       (Y) Any campaign committee that fails to dispose of excess 11180
funds or excess aggregate contributions under division (B) of 11181
section 3517.109 of the Revised Code in the manner required by 11182
division (C) of that section or under division (B) of section 11183
3517.1010 of the Revised Code in the manner required by division 11184
(C) of that section shall give to the treasurer of state for 11185
deposit into the Ohio elections commission fund created under 11186
division (I) of section 3517.152 of the Revised Code all funds not 11187
disposed of pursuant to those divisions. 11188

       (Z) Any individual, campaign committee, political action 11189
committee, political contributing entity, legislative campaign 11190
fund, political party, or other entity that violates any provision 11191
of sections 3517.09 to 3517.12 of the Revised Code for which no 11192
penalty is provided for under any other division of this section 11193
shall be fined not more than one thousand dollars. 11194

       (AA)(1) Whoever knowingly violates division (W)(1) of section 11195
3517.13 of the Revised Code shall be fined an amount equal to 11196
three times the amount contributed, expended, or promised in 11197
violation of that division or ten thousand dollars, whichever 11198
amount is greater. 11199

       (2) Whoever knowingly violates division (W)(2) of section 11200
3517.13 of the Revised Code shall be fined an amount equal to 11201
three times the amount solicited or accepted in violation of that 11202
division or ten thousand dollars, whichever amount is greater. 11203

       (BB) Whoever knowingly violates division (C) or (D) of 11204
section 3517.1011 of the Revised Code shall be fined not more than 11205
ten thousand dollars plus not more than one thousand dollars for 11206
each day of violation. 11207

       (CC)(1) Subject to division (CC)(2) of this section, whoever 11208
violates division (H) of section 3517.1011 of the Revised Code 11209
shall be fined an amount up to three times the amount disbursed 11210
for the direct costs of airing the communication made in violation 11211
of that division. 11212

       (2) Whoever has been ordered by the Ohio elections commission 11213
or by a court of competent jurisdiction to cease making 11214
communications in violation of division (H) of section 3517.1011 11215
of the Revised Code who again violates that division shall be 11216
fined an amount equal to three times the amount disbursed for the 11217
direct costs of airing the communication made in violation of that 11218
division. 11219

       (DD)(1) Any corporation or labor organization that violates 11220
division (X)(3)(a) of section 3517.13 of the Revised Code shall be 11221
fined an amount equal to three times the amount given in excess of 11222
the amount permitted by that division. 11223

       (2) Any state or county political party that violates 11224
division (X)(3)(b) of section 3517.13 of the Revised Code shall be 11225
fined an amount equal to three times the amount accepted in excess 11226
of the amount permitted by that division. 11227

       Sec. 3519.01. (A) ~~Whoever~~Only one proposal of law or 11228
constitutional amendment to be proposed by initiative petition 11229
shall be contained in an initiative petition to enable the voters 11230
to vote on that proposal separately. A petition shall include the 11231
text of any existing statute or constitutional provision that 11232
would be amended or repealed if the proposed law or constitutional 11233
amendment is adopted. 11234

        Whoever seeks to propose a law or constitutional amendment by 11235
initiative petition shall, by a written petition signed by one 11236
~~hundred~~thousand qualified electors, submit the proposed law or 11237
constitutional amendment and a summary of it to the attorney 11238
general for examination. The attorney general first shall forward 11239
each submitted petition to the Ohio ballot board for its approval 11240
under division (A) of section 3505.062 of the Revised Code. After 11241
receipt of the Ohio ballot board's determination approving the 11242
petition, the attorney general shall conduct the examination of 11243
the summary within ten days. If, in the opinion of the attorney 11244
general, the summary is a fair and truthful statement of the 11245
proposed law or constitutional amendment, hethe attorney general 11246
shall so certify. A verified copy of the proposed law or 11247
constitutional amendment, together with the summary and the 11248
attorney general's certification, shall then be filed with the 11249
secretary of state. 11250

       (B)(1) Whoever seeks to file a referendum petition against 11251
any law, section, or item in any law shall, by a written petition 11252
signed by one ~~hundred~~thousand qualified electors, submit the 11253
measure to be referred and a summary of it to the secretary of 11254
state and, on the same day or within one business day before or 11255
after that day, submit a copy of the petition, measure, and 11256
summary to the attorney general. 11257

       (2) Not later than ten business days after receiving the 11258
petition, measure, and summary, the secretary of state shall do 11259
both of the following: 11260

       (a) Have the validity of the signatures on the petition 11261
verified; 11262

       (b) After comparing the text of the measure to be referred 11263
with the copy of the enrolled ~~bill~~act on file in ~~his~~the 11264
secretary of state's office containing the law, section, or item 11265
of law, determine whether the text is correct and, if it is, so 11266
certify. 11267

       (3) Not later than ten business days after receiving a copy 11268
of the petition, measure, and summary, the attorney general shall 11269
examine the summary and, if in ~~his~~the attorney general's opinion, 11270
the summary is a fair and truthful statement of the measure to be 11271
referred, so certify. 11272

       (C) Any person who is aggrieved by a certification decision 11273
under division (A) or (B) of this section may challenge the 11274
certification or failure to certify of the attorney general in the 11275
supreme court, which shall have exclusive, original jurisdiction 11276
in all challenges of those certification decisions. 11277

       Sec. 3519.03. (A) The committee named in a initiative 11278
petition may prepare the argument or explanation, or both, in 11279
favor of the measure proposed, and the committee named in a 11280
referendum petition may prepare the argument or explanation, or 11281
both, against any law or section or item of law. The persons who 11282
prepare the argument or explanation, or both, in opposition to the 11283
initiated proposal, or the argument or explanation, or both, in 11284
favor of the measure to be referred shall be named by the general 11285
assembly, if it is in session, or by the governor, if the general 11286
assembly is not in session. Such argument or explanation, or both, 11287
shall not exceed three hundred words and shall be filed with the 11288
secretary of state at least ~~seventy-five~~eighty days prior to the 11289
date of the election at which the measure is to be voted upon. 11290

       (B)(1) If the committee named in an initiative petition, the 11291
committee named in a referendum petition, or other persons 11292
designated under division (A) of this section fail to prepare and 11293
file their arguments or explanations by the ~~seventy-fifth~~ 11294
eightieth day before the date of the election, the secretary of 11295
state shall notify the Ohio ballot board that those arguments or 11296
explanations have not been so prepared and filed. The board then 11297
shall prepare the missing arguments or explanations or designate a 11298
group of persons to prepare those arguments or explanations. All 11299
arguments or explanations prepared under this division shall be 11300
filed with the secretary of state no later than ~~seventy~~ 11301
seventy-five days before the date of the election. No argument or 11302
explanation shall exceed three hundred words. 11303

       (2) If the Ohio ballot board fails to provide for the 11304
preparation of missing arguments or explanations under division 11305
(B)(1) of this section after being notified by the secretary of 11306
state that one or more arguments or explanations have not been 11307
timely prepared and filed, the positions of the four appointed 11308
members of the board shall be considered vacant, and new members 11309
shall be appointed in the manner provided for original 11310
appointments. 11311

       Sec. 3519.04. ~~Upon~~Within two days after receipt, under 11312
division (A) of section 3519.01 of the Revised Code, of the 11313
verified copy of a proposed state law or constitutional amendment 11314
proposing the levy of any tax or involving a matter that will 11315
necessitate the expenditure of any funds of the state or any 11316
political subdivision of the state, the secretary of state shall 11317
request of the office of budget and management an estimate of any 11318
annual expenditure of public funds proposed and of the tax 11319
commissioner the annual yield of any proposed taxes. The office of 11320
budget and management, on receipt of a request for an estimate of 11321
the annual expenditure of public funds proposed, shall prepare the 11322
estimate and file it in the office of the secretary of state. The 11323
tax commissioner, on receipt of a request for an estimate of the 11324
annual yield of any proposed taxes, shall prepare the estimate and 11325
file it in the office of the secretary of state. The office of 11326
budget and management and the tax commissioner may issue a joint 11327
estimate if the proposed state law or constitutional amendment 11328
necessitates both the expenditure of public funds and a levy of 11329
any tax. 11330

       Upon receipt of an estimate of the annual expenditure of 11331
public funds proposed from the office of budget and management, an 11332
estimate of the annual yield of any proposed taxes from the tax 11333
commissioner, or a joint estimate of the annual expenditure of 11334
public funds proposed and the annual yield of any proposed taxes 11335
from the office of budget and management and the tax commissioner, 11336
the secretary of state shall post the estimate on a web site of 11337
the office of secretary of state for thirty days before the 11338
election at which the proposed state law or constitutional 11339
amendment will be voted upon. 11340

       Sec. 3519.05. If the measure to be submitted proposes a 11341
constitutional amendment, the heading of each part of the petition 11342
shall be prepared in the following form, and printed in capital 11343
letters in type of the approximate size set forth: 11344

"INITIATIVE PETITION 11345

~~Number .......................................................~~ 11346

~~Issued to ....................................................~~ 11347

~~(Name of solicitor)~~ 11348

~~Date of issuance .............................................~~ 11349

~~..............................................................~~ 11350

Amendment to the Constitution 11351

Proposed by Initiative Petition 11352

To be submitted directly to the electors" 11353

       "Amendment" printed in fourteen-point boldface type shall 11354
precede the title, which shall be briefly expressed and printed in 11355
eight-point type. The summary shall then be set forth printed in 11356
ten-point type, and then shall follow the certification of the 11357
attorney general, under proper date, which shall also be printed 11358
in ten-point type. The petition shall then set forth the names and 11359
addresses of the committee of not less than three nor more than 11360
five to represent the petitioners in all matters relating to the 11361
petition or its circulation. 11362

       Immediately above the heading of the place for signatures on 11363
each part of the petition the following notice shall be printed in 11364
boldface type: 11365

"NOTICE 11366

       Whoever knowingly signs this petition more than once; except 11367
as provided in section 3501.382 of the Revised Code, signs a name 11368
other than one's own,on this petition; or signs this petition 11369
when not a qualified voter, is liable to prosecution. 11370

       ~~In consideration for services in soliciting signatures to~~ 11371
~~this petition, the solicitor has received or expects to~~ 11372

~~receive .......................................................~~ 11373

~~from ..........................................................~~ 11374

~~(Whose address is).............................................~~ 11375

~~..............................................................."~~ 11376

~~Before any elector signs the part-petition, the solicitor shall~~ 11377
~~completely fill in the above blanks if the solicitor has received~~ 11378
~~or will receive any consideration, and if the solicitor has not~~ 11379
~~received and will not receive any consideration, the solicitor~~ 11380
~~shall insert "nothing.~~" 11381

       The heading of the place for signatures shall be 11382
substantially as follows: 11383

"(Sign with ink ~~or indelible pencil~~. Your name, residence, and 11384
date of signing must be given.) 11385

____________ __________ ___________ _________________________ _________ _______ ________ 11386
Rural Route or 11387
other Post- 11388
Signature County Township office Address Month Day Year 11389
____________ __________ ___________ ________________________ _________ _______ ________ 11390

(Voters who do not live in a municipal corporation should fill in 11391
the information called for by headings printed above.) 11392

(Voters who reside in municipal corporations should fill in the 11393
information called for by headings printed below.) 11394

__________ _______ _________ _________ ______________________________ 11395
City Street 11396
or and 11397
Signature County Village Number Ward Precinct Month Day Year" 11398
___________ _______ _________ _________ ______________________________ 11399

       The text of the proposed amendment shall be printed in full, 11400
immediately following the place for signatures, and shall be 11401
prefaced by "Be it resolved by the people of the State of Ohio." 11402
Immediately following the text of the proposed amendment must 11403
appear the following form: 11404

       "I, ........., declare under penalty of election 11405
falsification that I am the circulator of the foregoing petition 11406
paper containing the signatures of ......... electors, that the 11407
signatures appended hereto were made and appended in my presence 11408
on the date set opposite each respective name, and are the 11409
signatures of the persons whose names they purport to be or of 11410
attorneys in fact acting pursuant to section 3501.382 of the 11411
Revised Code, and that the electors signing this petition did so 11412
with knowledge of the contents of same. I am employed to circulate 11413
this petition by ................................ (Name and 11414
address of employer). (The preceding sentence shall be completed 11415
as required by section 3501.38 of the Revised Code if the 11416
circulator is being employed to circulate the petition.) 11417

(Signed) ............... ~~(Solicitor)~~ 11418

(Address of circulator's permanent residence in this state) 11419
.................................... 11420

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY 11421
OF THE FIFTH DEGREE." 11422

       If the measure proposes a law, the heading of each part of 11423
the petition shall be prepared as follows: 11424

"INITIATIVE PETITION 11425

~~Number .........................................................~~ 11426

~~................................................................~~ 11427

~~Issued to ......................................................~~ 11428

................................................................ 11429

~~(Name of Solicitor)~~ 11430

~~Date of issuance ...............................................~~ 11431

~~................................................................~~ 11432

       Law proposed by initiative petition first to be submitted to 11433
the General Assembly." 11434

       In all other respects, the form shall be as provided for the 11435
submission of a constitutional amendment, except that the text of 11436
the proposed law shall be prefaced by "Be it enacted by the people 11437
of the state of Ohio." 11438

       The form for a supplementary initiative petition shall be the 11439
same as that provided for an initiative petition, with the 11440
exception that "supplementary" shall precede "initiative" in the 11441
title thereof. 11442

       The general provisions set forth in this section relative to 11443
the form and order of an initiative petition shall be, so far as 11444
practical, applicable to a referendum petition, the heading of 11445
which shall be as follows: 11446

"REFERENDUM PETITION 11447

~~Number .........................................................~~ 11448

~~................................................................~~ 11449

~~Issued to ......................................................~~ 11450

~~................................................................~~ 11451

~~(Name of Solicitor)~~ 11452

~~Date of issuance ...............................................~~ 11453

~~................................................................~~ 11454

       To be submitted to the electors for their approval or 11455
rejection" 11456

       The title, which follows the heading, shall contain a brief 11457
legislative history of the law, section, or item of law to be 11458
referred. The text of the law so referred shall be followed by the 11459
certification of the secretary of state, in accordance with 11460
division (B)(2)(b) of section 3519.01 of the Revised Code, that it 11461
has been compared with the copy of the enrolled act, on file in 11462
the secretary of state's office, containing such law, section, or 11463
item of law, and found to be correct. 11464

       Sec. 3519.051. Each signature of a voter who signs an 11465
initiative or referendum petition shall be an original signature 11466
of that voter in ink. Only initiative and referendum petitions 11467
containing those original signatures in ink shall be filed with 11468
the office of the secretary of state or a board of elections. 11469

       Sec. 3519.07. (A) The secretary of state shall post each of 11470
the following on the web site of the office of the secretary of 11471
state: 11472

       (1) The full text of each state law or constitutional 11473
amendment proposed by initiative petition that has been approved 11474
for the ballot; 11475

       (2) The certified summary of each state law or constitutional 11476
amendment proposed by initiative petition that has been approved 11477
for the ballot; 11478

       (3) The ballot language of each state law or constitutional 11479
amendment proposed by initiative petition; 11480

       (4) The arguments or explanations in favor of or against each 11481
state law or constitutional amendment proposed by initiative 11482
petition that has been approved for the ballot. 11483

       (B) When publishing or posting on the web site of the office 11484
of the secretary of state arguments or explanations in favor of or 11485
against any state law or constitutional amendment proposed by 11486
initiative petition that has been approved for the ballot, the 11487
secretary of state shall include the names of the persons who 11488
prepared the argument or explanation. The names of the persons 11489
shall not be considered part of the argument or explanation for 11490
purposes of the prohibition against arguments and explanations 11491
exceeding three hundred words under section 3519.03 of the Revised 11492
Code. 11493

       Sec. 3523.05. The election provided for in section 3523.01 11494
of the Revised Code shall be by ballot, which may be separate from 11495
any ballot to be used at the same election. Such ballot shall 11496
first state the substance of the proposed amendment to the 11497
~~constitution~~Constitution of the United States. This shall be 11498
followed by appropriate instructions to the voter. It shall then 11499
contain perpendicular columns of equal width, headed respectively 11500
in plain type, "for ratification," "against ratification," and 11501
"unpledged." In the column headed "for ratification" shall be 11502
placed the names of the nominees nominated as in favor of 11503
ratification. In the column headed "against ratification" shall be 11504
placed the names of the nominees nominated as against 11505
ratification. In the column headed "unpledged" shall be placed the 11506
names of the nominees nominated as unpledged. The voter shall 11507
indicate ~~his~~the voter's choice by making one or more punches or 11508
marks in the appropriate spaces provided on the ballot. No ballot 11509
shall be held void because any such punch or mark is irregular in 11510
character. The ballot shall be so arranged that the voter may, by 11511
making a single punch or mark, vote for the entire group of 11512
nominees whose names are comprised in any column. The ballot shall 11513
be in substantially the following form: 11514

PROPOSED AMENDMENT TO THE 11515

CONSTITUTION OF THE UNITED STATES 11516

       Delegates to the convention to ratify the proposed amendment. 11517

       The congress has proposed an amendment to the ~~constitution~~ 11518
Constitution of the United States which provides (insert here the 11519
substance of the proposed amendment). 11520

       The congress has also proposed that the said amendment shall 11521
be ratified by conventions in the states. 11522

INSTRUCTIONS TO VOTERS 11523

       Do not vote for more than fifty-two candidates. 11524

       To vote for all candidates in favor of ratification, or for 11525
all candidates against ratification, or for all candidates who 11526
intend to remain unpledged, make a mark in the CIRCLE. If you do 11527
this, make no other mark. To vote for an individual candidate make 11528
a mark in the SQUARE at the left of the name. 11529

For Ratification Against Ratification Unpledged 11530

O O O 11531

[ ]  John Doe [ ]  Charles Coe [ ]  Daniel De Foe 11532

[ ]  Richard Doe [ ]  Michael Moe [ ]  Louis St Loe 11533

       All rights on the part of lists of candidates to name 11534
~~challengers and witnesses~~observers in the polling places shall be 11535
the same as those under Title XXXV of the Revised Code. 11536

       The fifty-two nominees who receive the highest number of 11537
votes shall be delegates to the convention. 11538

       Sec. 3599.11. (A) No person shall knowingly register or make 11539
application or attempt to register in a precinct in which the 11540
person is not a qualified voter; or knowingly aid or abet any 11541
person to so register; or attempt to register or knowingly induce 11542
or attempt to induce any person to so register; or knowingly 11543
impersonate another or write or assume the name of another, real 11544
or fictitious, in registering or attempting to register; or by 11545
false statement or other unlawful means procure, aid, or attempt 11546
to procure the erasure or striking out on the register or 11547
duplicate list of the name of a qualified elector therein; or 11548
knowingly induce or attempt to induce a registrar or other 11549
election authority to refuse registration in a precinct to an 11550
elector thereof; or knowingly swear or affirm falsely upon a 11551
lawful examination by or before any registering officer; or make, 11552
print, or issue any false or counterfeit certificate of 11553
registration or knowingly alter any certificate of registration. 11554

       No person shall knowingly register under more than one name 11555
or knowingly induce any person to so register. 11556

       No person shall knowingly make any false statement on any 11557
form for registration or change of registration or upon any 11558
application or return envelope for an absent voter's ballot. 11559

       Whoever violates this division is guilty of a felony of the 11560
fifth degree. 11561

       (B)(1) No person who helps another person register outside an 11562
official voter registration place shall knowingly destroy, or 11563
knowingly help another person to destroy, any completed 11564
registration form~~, or~~. 11565

       Whoever violates this division is guilty of election 11566
falsification, a felony of the fifth degree. 11567

       (2)(a) No person who helps another person register outside an 11568
official voter registration place shall knowingly fail to return 11569
any registration form entrusted to that person to the board of 11570
elections of the county in which the applicant is seeking to 11571
register to vote or, unless the registration form is received by 11572
the person within twenty-four hours before the thirtieth day 11573
before the election, to a designated agency in that county within 11574
ten days after that registration form is completed, or on or 11575
before the thirtieth day before the election, whichever day is 11576
earlier. 11577

       Whoever violates this division is guilty of ~~a misdemeanor of~~ 11578
~~the first degree~~election falsification, a felony of the fifth 11579
degree. 11580

       (b) Subject to division (C)(2) of this section, no person who 11581
helps another person register outside an official registration 11582
place shall knowingly return any registration form entrusted to 11583
that person to any location other than the board of elections of 11584
the county in which the applicant is seeking to register to vote 11585
or to a designated agency in that county. 11586

       Whoever violates this division is guilty of election 11587
falsification, a felony of the fifth degree. 11588

       (C)(1) No person who receives compensation for registering a 11589
voter shall knowingly fail to return any registration form 11590
entrusted to that person to the board of elections of the county 11591
in which the applicant is seeking to register to vote within ten 11592
days after that voter registration form is completed, or, unless 11593
the registration form is received by the person within twenty-four 11594
hours before the thirtieth day before the election, on or before 11595
the thirtieth day before the election, whichever is earlier. 11596

       Whoever violates this division is guilty of election 11597
falsification, a felony of the fifth degree. 11598

       (2) No person who receives compensation for registering a 11599
voter shall knowingly return any registration form entrusted to 11600
that person to any location other than the board of elections of 11601
the county in which the applicant is seeking to register to vote. 11602

       Whoever violates this division is guilty of election 11603
falsification, a felony of the fifth degree. 11604

       (D) As used in division (C) of this section, "registering a 11605
voter" includes any effort, for compensation, to provide voter 11606
registration forms or to assist persons in completing or returning 11607
those forms. 11608

       Sec. 3599.111. (A) As used in this section, "registering a 11609
voter" or "registering voters" includes any effort, for 11610
compensation, to provide voter registration forms or to assist 11611
persons in completing or returning those forms ~~or returning them~~ 11612
~~to the board of elections, the office of the secretary of state,~~ 11613
~~or other appropriate public office~~. 11614

       (B) No person shall receive compensation on a fee per 11615
signature or fee per volume basis for circulating any declaration 11616
of candidacy, nominating petition, ~~declaration of intent to be a~~ 11617
~~write-in candidate,~~ initiative petition, referendum petition, 11618
recall petition, or any other election-related petition that is 11619
filed with or transmitted to a board of elections, the office of 11620
the secretary of state, or other appropriate public office. 11621

       (C) No person shall receive compensation on a fee per 11622
registration or fee per volume basis for registering a voter. 11623

       (D) ~~Compensation~~No person shall pay any other person for 11624
collecting signatures on election-related petitions ~~and~~or for 11625
registering voters ~~shall be paid solely~~except on the basis of 11626
time worked. 11627

       (E)(1) Whoever violates division (B) ~~or (C)~~ of this section 11628
is guilty of ~~election falsification under section 3599.36 of the~~ 11629
~~Revised Code~~receiving improper compensation for circulating a 11630
petition, a felony of the fifth degree. 11631

       (2) Whoever violates division (C) of this section is guilty 11632
of receiving improper compensation for registering a voter, a 11633
felony of the fifth degree. 11634

       (3) Whoever violates division (D) of this section is guilty 11635
of paying improper compensation for circulating a petition or 11636
registering a voter, a felony of the fifth degree. 11637

       Sec. 3599.13. (A) No person shall ~~sign~~do any of the 11638
following: 11639

       (1) Sign an initiative, supplementary, referendum, recall, or 11640
nominating petition knowing that hethe person is not at the time 11641
qualified to sign it; ~~or knowingly~~ 11642

       (2) Knowingly sign such a petition more than once; ~~or sign~~ 11643

       (3) Except as otherwise provided in section 3501.382 of the 11644
Revised Code, sign a name other than ~~his~~the person's own on such 11645
a petition; ~~or accept~~ 11646

       (4) Accept anything of value for signing such a petition; or 11647
~~seek~~ 11648

       (5) Seek by intimidation or threats to influence any person 11649
to sign or refrain from signing such a petition, or from 11650
circulating or abstaining from circulating such a petition; or 11651
~~sign~~ 11652

       (6) Sign a ~~nominating~~declaration of candidacy and petition 11653
for a candidate of a party with which hethe person is not 11654
affiliated, as required by section 3513.05 of the Revised Code; or 11655
~~make~~ 11656

       (7) Make a false affidavit or statement concerning the 11657
signatures on any such petition. 11658

       (B) Whoever violates division (A) of this section shall be 11659
fined not less than fifty ~~nor~~or more than five hundred dollars, 11660
or imprisoned not less than three ~~nor~~or more than six months, or 11661
both. 11662

       Sec. 3599.14. (A) No person shall knowingly, directly or 11663
indirectly, do any of the following in connection with any 11664
declaration of candidacy and petition, declaration of intent to be 11665
a write-in candidate, nominating petition, or other petition 11666
presented to or filed with the secretary of state, a board orof 11667
elections, or any other public office for the purpose of becoming 11668
a candidate for any elective office, including the office of a 11669
political party, for the purpose of submitting a question or issue 11670
to the electors at an election, or for the purpose of forming a 11671
political party: 11672

       (1) Misrepresent the contents, purpose, or effect of the 11673
petition or declaration for the purpose of persuading a person to 11674
sign or refrain from signing the petition or declaration; 11675

       (2) Pay or offer to pay anything of value for signing or 11676
refraining from signing the petition or declaration; 11677

       (3) Promise to assist any person to obtain appointment to an 11678
office or position as a consideration for obtaining or preventing 11679
signatures to the petition or declaration; 11680

       (4) Obtain or prevent signatures to the petition or 11681
declaration as a consideration for the assistance or promise of 11682
assistance of a person in securing appointment to an office or 11683
position; 11684

       (5) Circulate or cause to be circulated the petition or 11685
declaration knowing it to contain false, forged, or fictitious 11686
names; 11687

       (6) ~~Add~~Except as otherwise provided in section 3501.382 of 11688
the Revised Code, add signatures or names except the person's own 11689
name on the petition or declaration; 11690

       (7) Make a false certification or statement concerning the 11691
petition or declaration; 11692

       (8) File with the election authorities the petition or 11693
declaration knowing it to contain false, forged, or fictitious 11694
names; 11695

       (9) Fail to fill out truthfully and file all itemized 11696
statements required by law in connection with the petition or 11697
declaration. 11698

       (B) Whoever violates division (A) of this section is guilty 11699
of a ~~misdemeanor~~felony of the ~~first~~fifth degree. 11700

       Sec. 3599.21. (A) No person shall knowingly do any of the 11701
following: 11702

       (1) Impersonate another, or make a false representation in 11703
order to obtain an absent voter's ballot; 11704

       (2) Aid or abet a person to vote an absent voter's ballot 11705
illegally; 11706

       (3) If the person is an election official, open, destroy, 11707
steal, mark, or mutilate any absent voter's ballot; 11708

       (4) Aid or abet another person to open, destroy, steal, mark, 11709
or mutilate any absent voter's ballot after the ballot has been 11710
voted; 11711

       (5) Delay the delivery of any ~~such~~absent voter's ballot with 11712
a view to preventing its arrival in time to be counted; 11713

       (6) Hinder or attempt to hinder the delivery or counting of 11714
such absent voter's ballot; 11715

       (7) Fail to forward to the appropriate election official an 11716
absent voter's ballot application entrusted to that person to so 11717
forward; 11718

       (8) Fail to forward to the appropriate election official an 11719
absent voter's ballot application entrusted to that person to so 11720
forward within ten days after that application is completed or 11721
within such a time period that the failure to so forward the 11722
application disenfranchises the voter with respect to a particular 11723
election, whichever is earlier; 11724

       (9) Except as authorized under Chapters 3509. and 3511. of 11725
the Revised Code, possess the absent voter's ballot of another. 11726

       (B)(1) Subject to division (B)(2) of this section, no person 11727
who receives compensation for soliciting persons to apply to vote 11728
by absent voter's ballots shall fail to forward to the appropriate 11729
election official an absent voter's ballot application entrusted 11730
to that person to so forward within ten days after that 11731
application is completed. 11732

       (2) No person who receives compensation for soliciting 11733
persons to apply to vote by absent voter's ballots shall fail to 11734
forward to the appropriate election official an absent voter's 11735
ballot application entrusted to that person to so forward within 11736
such a time period that the failure to so forward the application 11737
disenfranchises the voter with respect to a particular election. 11738

       (C) Whoever violates division (A) or (B) of this section is 11739
guilty of a felony of the fourth degree. 11740

       (D) As used in this section, "person who receives 11741
compensation for soliciting persons to apply to vote by absent 11742
voter's ballots" includes any effort, for compensation, to provide 11743
absent voter's ballot applications or to assist persons in 11744
completing those applications or returning them to the director of 11745
the board of elections of the county in which the applicant's 11746
voting residence is located. 11747

       Sec. 3599.24. (A) No person shall do any of the following: 11748

       (1) By force, fraud, or other improper means, obtain or 11749
attempt to obtain possession of the ballots, ballot boxes, or 11750
pollbooks; 11751

       (2) Recklessly destroy any property used in the conduct of 11752
elections; 11753

       (3) Attempt to intimidate an election officer, or prevent an 11754
election official from performing the official's duties; 11755

       (4) Knowingly tear down, remove, or destroy any of the 11756
registration lists or sample ballots furnished by the board of 11757
elections at the polling place; 11758

       (5) Loiter in or about a registration or polling place during 11759
registration or the casting and counting of ballots so as to 11760
hinder, delay, or interfere with the conduct of the registration 11761
or election; 11762

       (6) Remove from the voting place the pencils, cards of 11763
instruction, supplies, or other conveniences furnished to enable 11764
the voter to mark the voter's ballot. 11765

       (B) Whoever violates division (A)(1) or (2) of this section 11766
is guilty of a felony of the fifth degree. Whoever violates 11767
division (A)(3) or, (4), (5), or (6) of this section is guilty of 11768
a misdemeanor of the first degree. ~~Whoever violates division~~ 11769
~~(A)(5) or (6) of this section is guilty of a minor misdemeanor.~~ 11770

       Sec. 3599.38. (A) No election official, ~~witness, challenger~~ 11771
observer, deputy sheriff, special deputy sheriff, or police 11772
officer, while performing that person's duties related to the 11773
casting of votes, shall do either of the following: 11774

       (1) Wear any badge, sign, or other insignia or thing 11775
indicating that person's preference for any candidate or for any 11776
question submitted at an election; 11777

       (2) Influence or attempt to influence any voter to cast the 11778
voter's ballot for or against any candidate or issue submitted at 11779
an election. 11780

       (B) Whoever violates division (A) of this section is guilty 11781
of a misdemeanor of the first degree. 11782

       Sec. 4301.33. (A) The board of elections shall provide to a 11783
petitioner circulating a petition for an election for the 11784
submission of one or more of the questions specified in divisions 11785
(A) to (D) of section 4301.35 or section 4301.351 of the Revised 11786
Code, at the time of taking out the petition, the names of the 11787
streets and, if appropriate, the address numbers of residences and 11788
business establishments within the precinct in which the election 11789
is sought, and a form prescribed by the secretary of state for 11790
notifying affected permit holders and liquor agency stores of the 11791
circulation of a petition for an election for the submission of 11792
one or more of the questions specified in divisions (A) to (D) of 11793
section 4301.35 or section 4301.351 of the Revised Code. The 11794
petitioner shall, not less than forty-five days before the 11795
petition-filing deadline for the election, as provided in this 11796
section, file with the division of liquor control the information 11797
regarding names of streets and, if appropriate, address numbers of 11798
residences and business establishments provided by the board of 11799
elections, and specify to the division the precinct that is 11800
concerned and that would be affected by the results of the 11801
election and the filing deadline. The division shall, within a 11802
reasonable period of time and not later than fifteen days before 11803
the filing deadline, supply the petitioner with a list of the 11804
names and addresses of permit holders and liquor agency stores, if 11805
any, that would be affected by the election. The list shall 11806
contain a heading with the following words: "Liquor permit holders 11807
and liquor agency stores that would be affected by the question(s) 11808
set forth on petition for a local option election." 11809

       Within five days after a petitioner has received from the 11810
division the list of liquor permit holders and liquor agency 11811
stores, if any, that would be affected by the question or 11812
questions set forth on a petition for local option election, the 11813
petitioner shall, using the form provided by the board of 11814
elections, notify by certified mail each permit holder and liquor 11815
agency store whose name appears on that list. The form for 11816
notifying affected permit holders and liquor agency stores shall 11817
require the petitioner to state the petitioner's name and street 11818
address and shall contain a statement that a petition is being 11819
circulated for an election for the submission of the question or 11820
questions specified in divisions (A) to (D) of section 4301.35 or 11821
section 4301.351 of the Revised Code. The form shall require the 11822
petitioner to state the question or questions to be submitted as 11823
they appear on the petition. 11824

       The petitioner shall attach a copy of the list provided by 11825
the division to each petition paper. A part petition paper 11826
circulated at any time without the list of affected permit holders 11827
and liquor agency stores attached to it is invalid. 11828

       At the time the petitioner files the petition with the board 11829
of elections, the petitioner shall provide to the board the list 11830
supplied by the division and an affidavit certifying that the 11831
petitioner notified all affected permit holders and liquor agency 11832
stores, if any, on the list in the manner and within the time 11833
required in this section and that, at the time each signer of the 11834
petition affixed the signer's signature to the petition, the 11835
petition paper contained a copy of the list of affected permit 11836
holders and liquor agency stores. 11837

       Within five days after receiving a petition calling for an 11838
election for the submission of one or more of the questions 11839
specified in divisions (A) to (D) of section 4301.35 or section 11840
4301.351 of the Revised Code, the board shall give notice by 11841
certified mail that it has received the petition to all liquor 11842
permit holders and liquor agency stores, if any, whose names 11843
appear on the list of affected permit holders and liquor agency 11844
stores filed by the petitioner. Failure of the petitioner to 11845
supply the affidavit required by this section and a complete and 11846
accurate list of liquor permit holders and liquor agency stores, 11847
if any, invalidates the entire petition. The board of elections 11848
shall provide to a permit holder or liquor agency store that would 11849
be affected by a proposed local option election, on the permit 11850
holder's or liquor agency store's request, the names of the 11851
streets, and, if appropriate, the address numbers of residences 11852
and business establishments within the precinct in which the 11853
election is sought that would be affected by the results of the 11854
election. The board may charge a reasonable fee for this 11855
information when provided to the petitioner and the permit holder 11856
or liquor agency store. 11857

       (B) Upon the presentation of a petition, not later than four 11858
p.m. of the seventy-fifth day before the day of a general or 11859
primary election, to the board of elections of the county where 11860
the precinct is located, designating whether it is a petition for 11861
an election for the submission of one or more of the questions 11862
specified in section 4301.35 of the Revised Code, or a petition 11863
for the submission of one or more of the questions specified in 11864
section 4301.351 of the Revised Code, designating the particular 11865
question or questions specified in section 4301.35 or 4301.351 of 11866
the Revised Code that are to be submitted, and signed by the 11867
qualified electors of the precinct concerned, equal in number to 11868
thirty-five per cent of the total number of votes cast in the 11869
precinct concerned for the office of governor at the preceding 11870
general election for that office, the board shall submit the 11871
question or questions specified in the petition to the electors of 11872
the precinct concerned, on the day of the next general or primary 11873
election, whichever occurs first and shall proceed as follows: 11874

       (1) Such board shall, not later than the ~~sixty-sixth~~ 11875
sixty-eighth day before the day of the election for which the 11876
question or questions on the petition would qualify for submission 11877
to the electors of the precinct, examine and determine the 11878
sufficiency of the signatures and review, examine, and determine 11879
the validity of the petition and, in case of overlapping precinct 11880
petitions presented within that period, determine which of the 11881
petitions shall govern the further proceedings of the board. In 11882
the case where the board determines that two or more overlapping 11883
petitions are valid, the earlier filed petition shall govern. The 11884
board shall certify the sufficiency and validity of any petition 11885
determined to be valid. The board shall determine the validity of 11886
the petition as of the time of certification as described in this 11887
division. 11888

       (2) If a petition is sufficient, and, in case of overlapping 11889
precinct petitions, after the board has determined the governing 11890
petition, the board to which the petition has been presented shall 11891
order the holding of a special election in the precinct for the 11892
submission of whichever of the questions specified in section 11893
4301.35 or 4301.351 of the Revised Code are designated in the 11894
petition, on the day of the next general or primary election, 11895
whichever occurs first. 11896

       (3) All petitions filed with a board of elections under this 11897
section shall be open to public inspection under rules adopted by 11898
the board. 11899

       (4) Protest against local option petitions may be filed by 11900
any elector eligible to vote on the question or questions 11901
described in the petitions or by a permit holder or liquor agency 11902
store in the precinct as described in the petitions, not later 11903
than four p.m. of the sixty-fourth day before the day of the 11904
general or primary election for which the petition qualified. The 11905
protest shall be in writing and shall be filed with the election 11906
officials with whom the petition was filed. Upon filing of the 11907
protest, the election officials with whom it is filed shall 11908
promptly fix the time for hearing it, and shall mail notice of the 11909
filing of the protest and the time and place for hearing it to the 11910
person who filed the petition and to the person who filed the 11911
protest. At the time and place fixed, the election officials shall 11912
hear the protest and determine the validity of the petition. 11913

       Sec. 4301.331. (A) The privilege of local option conferred 11914
by section 4301.321 of the Revised Code shall be exercised if a 11915
certified copy of the judgment issued pursuant to division (D) or 11916
(E) of section 3767.05 of the Revised Code that is the basis for 11917
the exercise of the local option privilege is filed pursuant to 11918
division (G) of section 3767.05 of the Revised Code indicating 11919
that a liquor permit premises has been adjudged a nuisance. The 11920
certified copy of the judgment shall be filed in accordance with 11921
this section by the person or public official who brought the 11922
action under section 3763.03 of the Revised Code. 11923

       (B) The certified copy of the judgment prescribed under 11924
division (A) of this section shall be filed with the board of 11925
elections of the county in which the nuisance was adjudged to 11926
exist pursuant to division (D) or (E) of section 3767.05 of the 11927
Revised Code not later than four p.m. of the seventy-fifth day 11928
before the day of the next general or primary election. 11929

       (C) The statement prescribed under division (A) of this 11930
section shall contain both of the following: 11931

       (1) A notice that the statement is for the submission of the 11932
question set forth in section 4301.352 of the Revised Code; 11933

       (2) The name of a class C or D permit holder and the address 11934
of the permit holder's permit premises. If the business conducted 11935
by a class C or D permit holder at the permit premises has a name 11936
different from the permit holder's personal or corporate name, the 11937
name of the permit holder's business shall be stated along with 11938
the permit holder's personal or corporate name. 11939

       (D) Not later than five days after the certified copy of the 11940
judgment prescribed under division (A) of this section is filed, 11941
the board shall give notice by certified mail that it has received 11942
the certified copy of the judgment to the liquor permit holder 11943
whose permit would be affected by the results of the election 11944
required by the filing of the certified copy of the judgment. 11945
Failure of the petitioner to supply a complete and accurate 11946
address of the liquor permit holder to the board of elections 11947
invalidates the election. 11948

       For purposes of this section, "complete and accurate address" 11949
means all of the following: 11950

       (1) The address of the liquor permit premises; 11951

       (2) The address of the statutory agent of the liquor permit 11952
holder, if applicable; 11953

       (3) The address of the liquor permit holder if different from 11954
the liquor permit premises address. 11955

       (E) Not later than the ~~sixty-sixth~~sixty-eighth day before 11956
the day of the next general or primary election, whichever occurs 11957
first, the board shall certify the sufficiency and validity of the 11958
certified copy of the judgment, make such determination as of the 11959
time of certification, and order the holding of an election in the 11960
precinct on the day of that general or primary election for the 11961
submission of the question set forth in section 4301.352 of the 11962
Revised Code. 11963

       (F) A certified copy of the judgment filed with the board of 11964
elections under division (A) of this section shall be open to 11965
public inspection under rules adopted by the board. 11966

       An elector who is eligible to vote on the question set forth 11967
in section 4301.352 of the Revised Code or the permit holder named 11968
on the certified copy of the judgment, not later than four p.m. of 11969
the sixty-fourth day before the day of the election at which the 11970
question will be submitted to the electors, may file a protest 11971
against a local option petition. The protest shall be in writing 11972
and shall be filed with the election officials with whom the 11973
certified copy of the judgment was filed. Upon the filing of the 11974
protest, the election officials with whom it is filed shall 11975
promptly fix a time and place for hearing the protest, and shall 11976
mail notice of the time and place for hearing it to the person who 11977
filed the certified copy of the judgment and to the person who 11978
filed the protest. At the time and place fixed, the election 11979
officials shall hear the protest and determine the validity of the 11980
certified copy of the judgment. 11981

       Sec. 4301.332. (A) The board of elections shall provide to a 11982
petitioner circulating a petition for an election for the 11983
submission of one or more of the questions specified in section 11984
4301.353 or 4301.354 of the Revised Code, at the time of taking 11985
out the petition, the names of the streets and, if appropriate, 11986
the address numbers of residences and business establishments 11987
within the precinct that would be affected by the results of the 11988
election, and a form prescribed by the secretary of state for 11989
notifying affected permit holders of the circulation of a petition 11990
for an election for the submission of one or more of the questions 11991
specified in section 4301.353 or 4301.354 of the Revised Code. The 11992
petitioner shall, not less than forty-five days before the 11993
petition-filing deadline for the election, as provided in this 11994
section, file with the division of liquor control the information 11995
regarding names of streets and, if appropriate, address numbers of 11996
residences and business establishments provided by the board of 11997
elections, and specify to the division the portion of the precinct 11998
that would be affected by the results of the election and the 11999
filing deadline. The division shall, within a reasonable period of 12000
time and not later than fifteen days before the filing deadline, 12001
supply the petitioner with a list of the names and addresses of 12002
permit holders, if any, who would be affected by the election. The 12003
list shall contain a heading with the following words: "Liquor 12004
permit holders who would be affected by the question(s) set forth 12005
on petition for a local option election." 12006

       Within five days after a petitioner has received from the 12007
division the list of liquor permit holders, if any, who would be 12008
affected by the question or questions set forth on a petition for 12009
local option election, the petitioner, using the form provided by 12010
the board of elections, shall notify by certified mail each permit 12011
holder whose name appears on that list. The form for notifying 12012
affected permit holders shall require the petitioner to state the 12013
petitioner's name and street address and shall contain a statement 12014
that a petition is being circulated for an election for the 12015
submission of the question or questions specified in section 12016
4301.353 or 4301.354 of the Revised Code. The form shall require 12017
the petitioner to state the question or questions to be submitted 12018
as they appear on the petition. 12019

       The petitioner shall attach a copy of the list provided by 12020
the division to each petition paper. A part petition paper 12021
circulated at any time without the list of affected permit holders 12022
attached to it is invalid. 12023

       At the time the petitioner files the petition with the board 12024
of elections, the petitioner shall provide to the board the list 12025
supplied by the division and an affidavit certifying that the 12026
petitioner notified all affected permit holders, if any, on the 12027
list in the manner and within the time required in this section 12028
and that, at the time each signer of the petition affixed the 12029
signer's signature to the petition, the petition paper contained a 12030
copy of the list of affected permit holders. 12031

       Within five days after receiving a petition calling for an 12032
election for the submission of one or more of the questions 12033
specified in section 4301.353 or 4301.354 of the Revised Code, the 12034
board shall give notice by certified mail that it has received the 12035
petition to all liquor permit holders, if any, whose names appear 12036
on the list of affected permit holders filed by the petitioner as 12037
furnished by the division. Failure of the petitioner to supply the 12038
affidavit required by this section and a complete and accurate 12039
list of liquor permit holders as furnished by the division 12040
invalidates the entire petition. The board of elections shall 12041
provide to a permit holder who would be affected by a proposed 12042
local option election, on the permit holder's request, the names 12043
of the streets, and, if appropriate, the address numbers of 12044
residences and business establishments within the portion of the 12045
precinct that would be affected by the results of the election. 12046
The board may charge a reasonable fee for this information when 12047
provided to the petitioner and the permit holder. 12048

       This division does not apply to an election held under 12049
section 4301.353 or 4301.354 of the Revised Code if the results of 12050
the election would not affect any permit holder. 12051

       (B) Upon the presentation of a petition, not later than four 12052
p.m. of the seventy-fifth day before the day of a general or 12053
primary election, to the board of elections of the county where 12054
the precinct is located, designating whether it is a petition for 12055
an election for the submission of one or both of the questions 12056
specified in section 4301.353 of the Revised Code, or a petition 12057
for the submission of one or more of the questions specified in 12058
section 4301.354 of the Revised Code, designating the particular 12059
question or questions specified in section 4301.353 or 4301.354 of 12060
the Revised Code that are to be submitted, and signed by the 12061
qualified electors of the precinct concerned, equal in number to 12062
thirty-five per cent of the total number of votes cast in the 12063
precinct concerned for the office of governor at the preceding 12064
general election for that office, the board shall submit the 12065
question or questions specified in the petition to the electors of 12066
the precinct concerned, on the day of the next general or primary 12067
election, whichever occurs first and shall proceed as follows: 12068

       (1) Such board shall, not later than the ~~sixty-sixth~~ 12069
sixty-eighth day before the day of the election for which the 12070
question or questions on the petition would qualify for submission 12071
to the electors of the precinct, examine and determine the 12072
sufficiency of the signatures and review, examine, and determine 12073
the validity of the petition and, in case of overlapping precinct 12074
petitions presented within that period, determine which of the 12075
petitions shall govern the further proceedings of the board. In 12076
the case where the board determines that two or more overlapping 12077
petitions are valid, the earlier filed petition shall govern. The 12078
board shall certify the sufficiency and validity of any petition 12079
determined to be valid. The board shall determine the validity of 12080
the petition as of the time of certification as described in this 12081
division. 12082

       (2) If a petition is sufficient, and, in case of overlapping 12083
precinct petitions, after the board has determined the governing 12084
petition, the board to which the petition has been presented shall 12085
order the holding of a special election in the precinct for the 12086
submission of whichever of the questions specified in section 12087
4301.353 or 4301.354 of the Revised Code are designated in the 12088
petition, on the day of the next general or primary election, 12089
whichever occurs first. 12090

       (C) All petitions filed with a board of elections under this 12091
section shall be open to public inspection under rules adopted by 12092
the board. 12093

       (D) Protest against local option petitions may be filed by 12094
any elector eligible to vote on the question or questions 12095
described in the petitions or by a permit holder in the precinct 12096
as described in the petitions, not later than four p.m. of the 12097
sixty-fourth day before the day of the general or primary election 12098
for which the petition qualified. The protest shall be in writing 12099
and shall be filed with the election officials with whom the 12100
petition was filed. Upon filing of the protest, the election 12101
officials with whom it is filed shall promptly fix the time for 12102
hearing it, and shall mail notice of the filing of the protest and 12103
the time and place for hearing it to the person who filed the 12104
petition and to the person who filed the protest. At the time and 12105
place fixed, the election officials shall hear the protest and 12106
determine the validity of the petition. 12107

       Sec. 4301.333. (A) The privilege of local option conferred 12108
by section 4301.323 of the Revised Code may be exercised if, not 12109
later than four p.m. of the seventy-fifth day before the day of a 12110
general or primary election, a petition is presented to the board 12111
of elections of the county in which the precinct is situated by a 12112
petitioner who is one of the following: 12113

       (1) An applicant for the issuance or transfer of a liquor 12114
permit at, or to, a particular location within the precinct; 12115

       (2) The holder of a liquor permit at a particular location 12116
within the precinct; 12117

       (3) A person who operates or seeks to operate a liquor agency 12118
store at a particular location within the precinct; 12119

       (4) The designated agent for an applicant, liquor permit 12120
holder, or liquor agency store described in division (A)(1), (2), 12121
or (3) of this section. 12122

       (B) The petition shall be signed by the electors of the 12123
precinct equal in number to at least thirty-five per cent of the 12124
total number of votes cast in the precinct for the office of 12125
governor at the preceding general election for that office and 12126
shall contain all of the following: 12127

       (1) A notice that the petition is for the submission of the 12128
question or questions set forth in section 4301.355 of the Revised 12129
Code; 12130

       (2) The name of the applicant for the issuance or transfer, 12131
or the holder, of the liquor permit or, if applicable, the name of 12132
the liquor agency store, including any trade or fictitious names 12133
under which the applicant, holder, or liquor agency store either 12134
intends to do or does business at the particular location; 12135

       (3) The address and proposed use of the particular location 12136
within the election precinct to which the results of the question 12137
or questions specified in section 4301.355 of the Revised Code 12138
shall apply. For purposes of this division, "use" means all of the 12139
following: 12140

       (a) The type of each liquor permit applied for by the 12141
applicant or held by the liquor permit holder as described in 12142
sections 4303.11 to 4303.183 of the Revised Code, including a 12143
description of the type of beer or intoxicating liquor sales 12144
authorized by each permit as provided in those sections; 12145

       (b) If a liquor agency store, the fact that the business 12146
operated as a liquor agency store authorized to operate by this 12147
state; 12148

       (c) A description of the general nature of the business of 12149
the applicant, liquor permit holder, or liquor agency store. 12150

       (4) If the petition seeks approval of Sunday sales under 12151
question (B)(2) as set forth in section 4301.355 of the Revised 12152
Code, a statement indicating whether the hours of sale sought are 12153
between ten a.m. and midnight or between one p.m. and midnight. 12154

       (C)(1) At the time the petitioner files the petition with the 12155
board of elections, the petitioner shall provide to the board both 12156
of the following: 12157

       (a) An affidavit that is signed by the petitioner and that 12158
states the proposed use of the location following the election 12159
held to authorize the sale of beer or intoxicating liquor 12160
authorized by each permit as provided in sections 4303.11 to 12161
4303.183 of the Revised Code; 12162

       (b) Written evidence of the designation of an agent by the 12163
applicant, liquor permit holder, or liquor agency store described 12164
in division (A)(1), (2), or (3) of this section for the purpose of 12165
petitioning for the local option election, if the petitioner is 12166
the designated agent of the applicant, liquor permit holder, or 12167
liquor agency store. 12168

       (2) Failure to supply the affidavit, or the written evidence 12169
of the designation of the agent if the petitioner for the local 12170
option election is the agent of the applicant, liquor permit 12171
holder, or liquor agency store described in division (A)(1), (2), 12172
or (3) of this section, at the time the petition is filed 12173
invalidates the entire petition. 12174

       (D) Not later than the ~~sixty-sixth~~sixty-eighth day before 12175
the day of the next general or primary election, whichever occurs 12176
first, the board shall examine and determine the sufficiency of 12177
the signatures and the validity of the petition. If the board 12178
finds that the petition contains sufficient signatures and in 12179
other respects is valid, it shall order the holding of an election 12180
in the precinct on the day of the next general or primary 12181
election, whichever occurs first, for the submission of the 12182
question or questions set forth in section 4301.355 of the Revised 12183
Code. 12184

       (E) A petition filed with the board of elections under this 12185
section shall be open to public inspection under rules adopted by 12186
the board. 12187

       (F) An elector who is eligible to vote on the question or 12188
questions set forth in section 4301.355 of the Revised Code may 12189
file, not later than four p.m. of the sixty-fourth day before the 12190
day of the election at which the question or questions will be 12191
submitted to the electors, a protest against a local option 12192
petition circulated and filed pursuant to this section. The 12193
protest shall be in writing and shall be filed with the election 12194
officials with whom the petition was filed. Upon the filing of the 12195
protest, the election officials with whom it is filed shall 12196
promptly establish a time and place for hearing the protest and 12197
shall mail notice of the time and place for the hearing to the 12198
applicant for, or the holder of, the liquor permit who is 12199
specified in the petition and to the elector who filed the 12200
protest. At the time and place established in the notice, the 12201
election officials shall hear the protest and determine the 12202
validity of the petition. 12203

       Sec. 4301.334. (A) The privilege of local option conferred 12204
by section 4301.324 of the Revised Code may be exercised if, not 12205
later than four p.m. of the seventy-fifth day before the day of a 12206
general or primary election, a petition and other information 12207
required by division (B) of this section are presented to the 12208
board of elections of the county in which the community facility 12209
named in the petition is located. The petition shall be signed by 12210
electors of the municipal corporation or unincorporated area of 12211
the township in which the community facility is located equal in 12212
number to at least ten per cent of the total number of votes cast 12213
in the municipal corporation or unincorporated area of the 12214
township in which the community facility is located for the office 12215
of governor at the most recent general election for that office 12216
and shall contain both of the following: 12217

       (1) A notice that the petition is for the submission of the 12218
question set forth in section 4301.356 of the Revised Code; 12219

       (2) The name and address of the community facility for which 12220
the local option election is sought and, if the community facility 12221
is a community entertainment district, the boundaries of the 12222
district. 12223

       (B) Upon the request of a petitioner, a board of elections of 12224
a county shall furnish to the petitioner a copy of the 12225
instructions prepared by the secretary of state under division (P) 12226
of section 3501.05 of the Revised Code and, within fifteen days 12227
after the request, a certificate indicating the number of valid 12228
signatures that will be required on a petition to hold an election 12229
in the municipal corporation or unincorporated area of the 12230
township in which the community facility is located on the 12231
question specified in section 4301.356 of the Revised Code. 12232

       The petitioner shall, not less than thirty days before the 12233
petition-filing deadline for an election on the question specified 12234
in section 4301.356 of the Revised Code, specify to the division 12235
of liquor control the name and address of the community facility 12236
for which the election is sought and, if the community facility is 12237
a community entertainment district, the boundaries of the 12238
district, the municipal corporation or unincorporated area of a 12239
township in which the election is sought, and the filing deadline. 12240
The division shall, within a reasonable period of time and not 12241
later than ten days before the filing deadline, supply the 12242
petitioner with the name and address of any permit holder for or 12243
within the community facility. 12244

       The petitioner shall file the name and address of any permit 12245
holder who would be affected by the election at the time the 12246
petitioner files the petition with the board of elections. Within 12247
five days after receiving the petition, the board shall give 12248
notice by certified mail to any permit holder within the community 12249
facility that it has received the petition. Failure of the 12250
petitioner to supply the name and address of any permit holder for 12251
or within the community facility as furnished to the petitioner by 12252
the division invalidates the petition. 12253

       (C) Not later than the ~~sixty-sixth~~sixty-eighth day before 12254
the day of the next general or primary election, whichever occurs 12255
first, the board shall examine and determine the sufficiency of 12256
the signatures on the petition. If the board finds that the 12257
petition is valid, it shall order the holding of an election in 12258
the municipal corporation or unincorporated area of a township on 12259
the day of the next general or primary election, whichever occurs 12260
first, for the submission of the question set forth in section 12261
4301.356 of the Revised Code. 12262

       (D) A petition filed with a board of elections under this 12263
section shall be open to public inspection under rules adopted by 12264
the board. 12265

       (E) An elector who is eligible to vote on the question set 12266
forth in section 4301.356 of the Revised Code or any permit holder 12267
for or within the community facility may, not later than four p.m. 12268
of the sixty-fourth day before the day of the election at which 12269
the question will be submitted to the electors, file a written 12270
protest against the local option petition with the board of 12271
elections with which the petition was filed. Upon the filing of 12272
the protest, the board shall promptly fix a time and place for 12273
hearing the protest and shall mail notice of the time and place to 12274
the person who filed the petition and to the person who filed the 12275
protest. At the time and place fixed, the board shall hear the 12276
protest and determine the validity of the petition. 12277

       Sec. 4305.14. (A) The following questions regarding the sale 12278
of beer by holders of C or D permits may be presented to the 12279
qualified electors of an election precinct: 12280

       (1) "Shall the sale of beer as defined in section 4305.08 of 12281
the Revised Code under permits which authorize sale for 12282
off-premises consumption only be permitted within this precinct?" 12283

       (2) "Shall the sale of beer as defined in section 4305.08 of 12284
the Revised Code under permits which authorize sale for 12285
on-premises consumption only, and under permits which authorize 12286
sale for both on-premises and off-premises consumption, be 12287
permitted in this precinct?" 12288

       The exact wording of the question as submitted and form of 12289
ballot as printed shall be determined by the board of elections in 12290
the county wherein the election is held, subject to approval of 12291
the secretary of state. 12292

       Upon the request of an elector, a board of elections of a 12293
county that encompasses an election precinct shall furnish to the 12294
elector a copy of the instructions prepared by the secretary of 12295
state under division (P) of section 3501.05 of the Revised Code 12296
and, within fifteen days after the request, with a certificate 12297
indicating the number of valid signatures that will be required on 12298
a petition to hold a special election in that precinct on either 12299
or both of the questions specified in this section. 12300

       The board shall provide to a petitioner, at the time the 12301
petitioner takes out a petition, the names of the streets and, if 12302
appropriate, the address numbers of residences and business 12303
establishments within the precinct in which the election is 12304
sought, and a form prescribed by the secretary of state for 12305
notifying affected permit holders of the circulation of a petition 12306
for an election for the submission of one or more of the questions 12307
specified in division (A) of this section. The petitioner shall, 12308
not less than forty-five days before the petition-filing deadline 12309
for an election provided for in this section, file with the 12310
division of liquor control the information regarding names of 12311
streets and, if appropriate, address numbers of residences and 12312
business establishments provided by the board of elections, and 12313
specify to the division the precinct that is concerned or that 12314
would be affected by the results of the election and the filing 12315
deadline. The division shall, within a reasonable period of time 12316
and not later than fifteen days before the filing deadline, supply 12317
the petitioner with a list of the names and addresses of permit 12318
holders who would be affected by the election. The list shall 12319
contain a heading with the following words: "liquor permit holders 12320
who would be affected by the question(s) set forth on a petition 12321
for a local option election." 12322

       Within five days after receiving from the division the list 12323
of liquor permit holders who would be affected by the question or 12324
questions set forth on a petition for local option election, the 12325
petitioner shall, using the form provided by the board of 12326
elections, notify by certified mail each permit holder whose name 12327
appears on that list. The form for notifying affected permit 12328
holders shall require the petitioner to state the petitioner's 12329
name and street address and shall contain a statement that a 12330
petition is being circulated for an election for the submission of 12331
the question or questions specified in division (B) of this 12332
section. The form shall require the petitioner to state the 12333
question or questions to be submitted as they appear on the 12334
petition. 12335

       The petitioner shall attach a copy of the list provided by 12336
the division to each petition paper. A part petition paper 12337
circulated at any time without the list of affected permit holders 12338
attached to it is invalid. 12339

       At the time of filing the petition with the board of 12340
elections, the petitioner shall provide to the board of elections 12341
the list supplied by the division and an affidavit certifying that 12342
the petitioner notified all affected permit holders on the list in 12343
the manner and within the time required in this section and that, 12344
at the time each signer of the petition signed the petition, the 12345
petition paper contained a copy of the list of affected permit 12346
holders. 12347

       Within five days after receiving a petition calling for an 12348
election for the submission of the question or questions set forth 12349
in this section, the board of elections shall give notice by 12350
certified mail that it has received the petition to all liquor 12351
permit holders whose names appear on the list of affected permit 12352
holders filed by the petitioner. Failure of the petitioner to 12353
supply the affidavit required by this section and a complete and 12354
accurate list of liquor permit holders invalidates the entire 12355
petition. The board of elections shall provide to a permit holder 12356
who would be affected by a proposed local option election, on the 12357
permit holder's request, the names of the streets, and, if 12358
appropriate, the address numbers of residences and business 12359
establishments within the precinct in which the election is sought 12360
and that would be affected by the results of the election. The 12361
board may charge a reasonable fee for this information when 12362
provided to the petitioner and the permit holder. 12363

       Upon presentation not later than four p.m. of the 12364
seventy-fifth day before the day of a general or primary election, 12365
of a petition to the board of elections of the county wherein such 12366
election is sought to be held, requesting the holding of such 12367
election on either or both of the questions specified in this 12368
section, signed by qualified electors of the precinct concerned 12369
equal in number to thirty-five per cent of the total number of 12370
votes cast in the precinct concerned for the office of governor at 12371
the preceding general election for that office, such board shall 12372
submit the question or questions specified in the petition to the 12373
electors of the precinct concerned, on the day of the next general 12374
or primary election, whichever occurs first. 12375

       (B) The board shall proceed as follows: 12376

       (1) Such board shall, upon the filing of a petition under 12377
this section, but not later than the ~~sixty-sixth~~sixty-eighth day 12378
before the day of the election for which the question or questions 12379
on the petition would qualify for submission to the electors of 12380
the precinct, examine and determine the sufficiency of the 12381
signatures and review, examine, and determine the validity of such 12382
petition and, in case of overlapping precinct petitions presented 12383
within that period, determine which of the petitions shall govern 12384
the further proceedings of the board. In the case where the board 12385
determines that two or more overlapping petitions are valid, the 12386
earlier petition shall govern. The board shall certify the 12387
sufficiency of signatures contained in the petition as of the time 12388
of filing and the validity of the petition as of the time of 12389
certification as described in division (C)(1) of this section if 12390
the board finds the petition to be both sufficient and valid. 12391

       (2) If the petition contains sufficient signatures and is 12392
valid, and, in case of overlapping precinct petitions, after the 12393
board has determined the governing petition, the board shall order 12394
the holding of a special election in the precinct for the 12395
submission of the question or questions specified in the petition, 12396
on the day of the next general or primary election, whichever 12397
occurs first. 12398

       (3) All petitions filed with a board of elections under this 12399
section shall be open to public inspection under rules adopted by 12400
the board. 12401

       (C) Protest against a local option petition may be filed by 12402
any qualified elector eligible to vote on the question or 12403
questions specified in the petition or by a permit holder in the 12404
precinct as described in the petition, not later than four p.m. of 12405
the sixty-fourth day before the day of such general or primary 12406
election for which the petition qualified. Such protest shall be 12407
in writing and shall be filed with the election officials with 12408
whom the petition was filed. Upon filing of such protest the 12409
election officials with whom it is filed shall promptly fix the 12410
time for hearing it, and shall forthwith mail notice of the filing 12411
of the protest and the time for hearing it to the person who filed 12412
the petition which is protested and to the person who filed the 12413
protest. At the time and place fixed, the election officials shall 12414
hear the protest and determine the validity of the petition. 12415

       (D) If a majority of the electors voting on the question in 12416
the precinct vote "yes" on question (1) or (2) as set forth in 12417
division (A) of this section, the sale of beer as specified in 12418
that question shall be permitted in the precinct and no subsequent 12419
election shall be held in the precinct under this section on the 12420
same question for a period of at least four years from the date of 12421
the most recent election. 12422

       If a majority of the electors voting on the question in the 12423
precinct vote "no" on question (1) or (2) as set forth in division 12424
(A) of this section, no C or D permit holder shall sell beer as 12425
specified in that question within the precinct during the period 12426
the election is in effect and no subsequent election shall be held 12427
in the precinct under this section on the same question for a 12428
period of at least four years from the date of the most recent 12429
election. 12430

       Sec. 4504.021. The question of repeal of a county permissive 12431
tax adopted as an emergency measure pursuant to section 4504.02, 12432
4504.15, or 4504.16 of the Revised Code may be initiated by filing 12433
with the board of elections of the county not less than 12434
seventy-five days before the general election in any year a 12435
petition requesting that an election be held on such question. 12436
Such petition shall be signed by qualified electors residing in 12437
the county equal in number to ten per cent of those voting for 12438
governor at the most recent gubernatorial election. 12439

       After determination by it that such petition is valid, the 12440
board of elections shall submit the question to the electors of 12441
the county at the next general election. The election shall be 12442
conducted, canvassed, and certified in the same manner as regular 12443
elections for county offices in the county. Notice of the election 12444
shall be published in a newspaper of general circulation in the 12445
district ~~once a~~twice during the week ~~for four consecutive weeks~~ 12446
prior to the election~~, stating~~and shall be posted on the board of 12447
elections' web site, or, if the board does not operate and 12448
maintain its own web site, on the web site it operates and 12449
maintains on free internet space under section 3501.24 of the 12450
Revised Code, for thirty days prior to the election. The notice 12451
shall state the purpose, ~~the~~ time, and ~~the~~ place of the election. 12452
The form of the ballot cast at such election shall be prescribed 12453
by the secretary of state. The question covered by such petition 12454
shall be submitted as a separate proposition, but it may be 12455
printed on the same ballot with any other proposition submitted at 12456
the same election other than the election of officers. If a 12457
majority of the qualified electors voting on the question of 12458
repeal approve the repeal, the result of the election shall be 12459
certified immediately after the canvass by the board of elections 12460
to the county commissioners, who shall thereupon, after the 12461
current year, cease to levy the tax. 12462

       Sec. 5705.191. The taxing authority of any subdivision, 12463
other than the board of education of a school district or the 12464
taxing authority of a county school financing district, by a vote 12465
of two-thirds of all its members, may declare by resolution that 12466
the amount of taxes that may be raised within the ten-mill 12467
limitation by levies on the current tax duplicate will be 12468
insufficient to provide an adequate amount for the necessary 12469
requirements of the subdivision, and that it is necessary to levy 12470
a tax in excess of such limitation for any of the purposes in 12471
section 5705.19 of the Revised Code, or to supplement the general 12472
fund for the purpose of making appropriations for one or more of 12473
the following purposes: public assistance, human or social 12474
services, relief, welfare, hospitalization, health, and support of 12475
general hospitals, and that the question of such additional tax 12476
levy shall be submitted to the electors of the subdivision at a 12477
general, primary, or special election to be held at a time therein 12478
specified. Such resolution shall not include a levy on the current 12479
tax list and duplicate unless such election is to be held at or 12480
prior to the general election day of the current tax year. Such 12481
resolution shall conform to the requirements of section 5705.19 of 12482
the Revised Code, except that a levy to supplement the general 12483
fund for the purposes of public assistance, human or social 12484
services, relief, welfare, hospitalization, health, or the support 12485
of general or tuberculosis hospitals may not be for a longer 12486
period than ten years. All other levies under this section may not 12487
be for a longer period than five years unless a longer period is 12488
permitted by section 5705.19 of the Revised Code, and the 12489
resolution shall specify the date of holding such election, which 12490
shall not be earlier than seventy-five days after the adoption and 12491
certification of such resolution. The resolution shall go into 12492
immediate effect upon its passage and no publication of the same 12493
is necessary other than that provided for in the notice of 12494
election. A copy of such resolution, immediately after its 12495
passage, shall be certified to the board of elections of the 12496
proper county or counties in the manner provided by section 12497
5705.25 of the Revised Code, and such section shall govern the 12498
arrangements for the submission of such question and other matters 12499
with respect to such election, to which section 5705.25 of the 12500
Revised Code refers, excepting that such election shall be held on 12501
the date specified in the resolution, which shall be consistent 12502
with the requirements of section 3501.01 of the Revised Code, 12503
provided that only one special election for the submission of such 12504
question may be held in any one calendar year and provided that a 12505
special election may be held upon the same day a primary election 12506
is held. Publication of notice of ~~such~~that election shall be made 12507
in one or more newspapers of general circulation in the county 12508
~~once a~~twice during the week ~~for four consecutive weeks~~prior to 12509
the election, and the board of elections shall post notice of the 12510
election on its web site, or, if the board does not operate and 12511
maintain its own web site, on the web site it operates and 12512
maintains on free internet space under section 3501.24 of the 12513
Revised Code, for thirty days prior to the election. 12514

       If a majority of the electors voting on the question vote in 12515
favor thereof, the taxing authority of the subdivision may make 12516
the necessary levy within such subdivision at the additional rate 12517
or at any lesser rate outside the ten-mill limitation on the tax 12518
list and duplicate for the purpose stated in the resolution. Such 12519
tax levy shall be included in the next annual tax budget that is 12520
certified to the county budget commission. 12521

       After the approval of such a levy by the electors, the taxing 12522
authority of the subdivision may anticipate a fraction of the 12523
proceeds of such levy and issue anticipation notes. In the case of 12524
a continuing levy that is not levied for the purpose of current 12525
expenses, notes may be issued at any time after approval of the 12526
levy in an amount not more than fifty per cent of the total 12527
estimated proceeds of the levy for the succeeding ten years, less 12528
an amount equal to the fraction of the proceeds of the levy 12529
previously anticipated by the issuance of anticipation notes. In 12530
the case of a levy for a fixed period that is not for the purpose 12531
of current expenses, notes may be issued at any time after 12532
approval of the levy in an amount not more than fifty per cent of 12533
the total estimated proceeds of the levy throughout the remaining 12534
life of the levy, less an amount equal to the fraction of the 12535
proceeds of the levy previously anticipated by the issuance of 12536
anticipation notes. In the case of a levy for current expenses, 12537
notes may be issued after the approval of the levy by the electors 12538
and prior to the time when the first tax collection from the levy 12539
can be made. Such notes may be issued in an amount not more than 12540
fifty per cent of the total estimated proceeds of the levy 12541
throughout the term of the levy in the case of a levy for a fixed 12542
period, or fifty per cent of the total estimated proceeds for the 12543
first ten years of the levy in the case of a continuing levy. 12544

       No anticipation notes that increase the net indebtedness of a 12545
county may be issued without the prior consent of the board of 12546
county commissioners of that county. The notes shall be issued as 12547
provided in section 133.24 of the Revised Code, shall have 12548
principal payments during each year after the year of their 12549
issuance over a period not exceeding the life of the levy 12550
anticipated, and may have a principal payment in the year of their 12551
issuance. 12552

       "Taxing authority" and "subdivision" have the same meanings 12553
as in section 5705.01 of the Revised Code. 12554

       "Human or social services" includes a county's contributions 12555
to a multicounty board of mental retardation and developmental 12556
disabilities of which the county is a member. 12557

       This section is supplemental to and not in derogation of 12558
sections 5705.20, 5705.21, and 5705.22 of the Revised Code. 12559

       Sec. 5705.194. The board of education of any city, local, 12560
exempted village, cooperative education, or joint vocational 12561
school district at any time may declare by resolution that the 12562
revenue that will be raised by all tax levies which the district 12563
is authorized to impose, when combined with state and federal 12564
revenues, will be insufficient to provide for the emergency 12565
requirements of the school district or to avoid an operating 12566
deficit, and that it is therefore necessary to levy an additional 12567
tax in excess of the ten-mill limitation. The resolution shall be 12568
confined to a single purpose and shall specify that purpose. If 12569
the levy is proposed to renew all or a portion of the proceeds 12570
derived from one or more existing levies imposed pursuant to this 12571
section, it shall be called a renewal levy and shall be so 12572
designated on the ballot. If two or more existing levies are to be 12573
included in a single renewal levy but are not scheduled to expire 12574
in the same year, the resolution shall specify that the existing 12575
levies to be renewed shall not be levied after the year preceding 12576
the year in which the renewal levy is first imposed. 12577
Notwithstanding the original purpose of any one or more existing 12578
levies that are to be in any single renewal levy, the purpose of 12579
the renewal levy may be either to avoid an operating deficit or to 12580
provide for the emergency requirements of the school district. The 12581
resolution shall further specify the amount of money it is 12582
necessary to raise for the specified purpose for each calendar 12583
year the millage is to be imposed; if a renewal levy, whether the 12584
levy is to renew all, or a portion of, the proceeds derived from 12585
one or more existing levies; and the number of years in which the 12586
millage is to be in effect, which may include a levy upon the 12587
current year's tax list. The number of years may be any number not 12588
exceeding five. 12589

       The question shall be submitted at a special election on a 12590
date specified in the resolution. The date shall not be earlier 12591
than eighty days after the adoption and certification of the 12592
resolution to the county auditor and shall be consistent with the 12593
requirements of section 3501.01 of the Revised Code. A resolution 12594
for a renewal levy shall not be placed on the ballot unless the 12595
question is submitted on a date on which a special election may be 12596
held under division (D) of section 3501.01 of the Revised Code, 12597
except for the first Tuesday after the first Monday in February 12598
and August, during the last year the levy to be renewed may be 12599
extended on the real and public utility property tax list and 12600
duplicate, or at any election held in the ensuing year, except 12601
that if the resolution proposes renewing two or more existing 12602
levies, the question shall be submitted on the date of the general 12603
or primary election held during the last year at least one of the 12604
levies to be renewed may be extended on that list and duplicate, 12605
or at any election held during the ensuing year. For purposes of 12606
this section, a levy shall be considered to be an "existing levy" 12607
through the year following the last year it can be placed on the 12608
real and public utility property tax list and duplicate. 12609

       The submission of questions to the electors under this 12610
section is subject to the limitation on the number of election 12611
dates established by section 5705.214 of the Revised Code. 12612

       The resolution shall go into immediate effect upon its 12613
passage, and no publication of the resolution shall be necessary 12614
other than that provided for in the notice of election. A copy of 12615
the resolution shall immediately after its passing be certified to 12616
the county auditor of the proper county. Section 5705.195 of the 12617
Revised Code shall govern the arrangements for the submission of 12618
questions to the electors under this section and other matters 12619
concerning the election. Publication of notice of the election 12620
shall be made in one or more newspapers of general circulation in 12621
the county ~~once a~~twice during the week ~~for three consecutive~~ 12622
~~weeks~~prior to the election, and the board of elections shall post 12623
notice of the election on its web site, or, if the board does not 12624
operate and maintain its own web site, on the web site it operates 12625
and maintains on free internet space under section 3501.24 of the 12626
Revised Code, for thirty days prior to the election. If a majority 12627
of the electors voting on the question submitted in an election 12628
vote in favor of the levy, the board of education of the school 12629
district may make the additional levy necessary to raise the 12630
amount specified in the resolution for the purpose stated in the 12631
resolution. The tax levy shall be included in the next tax budget 12632
that is certified to the county budget commission. 12633

       After the approval of the levy and prior to the time when the 12634
first tax collection from the levy can be made, the board of 12635
education may anticipate a fraction of the proceeds of the levy 12636
and issue anticipation notes in an amount not exceeding the total 12637
estimated proceeds of the levy to be collected during the first 12638
year of the levy. 12639

       The notes shall be issued as provided in section 133.24 of 12640
the Revised Code, shall have principal payments during each year 12641
after the year of their issuance over a period not to exceed five 12642
years, and may have principal payment in the year of their 12643
issuance. 12644

       Sec. 5705.196. The election provided for in section 5705.194 12645
of the Revised Code shall be held at the regular places for voting 12646
in the district, and shall be conducted, canvassed, and certified 12647
in the same manner as regular elections in the district for the 12648
election of county officers, provided that in any such election in 12649
which only part of the electors of a precinct are qualified to 12650
vote, the board of elections may assign voters in such part to an 12651
adjoining precinct. Such an assignment may be made to an adjoining 12652
precinct in another county with the consent and approval of the 12653
board of elections of such other county. Notice of the election 12654
shall be published in one or more newspapers of general 12655
circulation in the district ~~once a~~twice during the week ~~for three~~ 12656
~~consecutive weeks~~ prior to the election, and the board of 12657
elections shall post notice of the election on its web site, or, 12658
if the board does not operate and maintain its own web site, on 12659
the web site it operates and maintains on free internet space 12660
under section 3501.24 of the Revised Code, for thirty days prior 12661
to the election. Such notice shall state the annual proceeds of 12662
the proposed levy, the purpose for which such proceeds are to be 12663
used, the number of years during which the levy shall run, and the 12664
estimated average additional tax rate expressed in dollars and 12665
cents for each one hundred dollars of valuation as well as in 12666
mills for each one dollar of valuation, outside the limitation 12667
imposed by Section 2 of Article XII, Ohio Constitution, as 12668
certified by the county auditor. 12669

       Sec. 5705.21. (A) At any time, the board of education of any 12670
city, local, exempted village, cooperative education, or joint 12671
vocational school district, by a vote of two-thirds of all its 12672
members, may declare by resolution that the amount of taxes which 12673
may be raised within the ten-mill limitation by levies on the 12674
current tax duplicate will be insufficient to provide an adequate 12675
amount for the necessary requirements of the school district, that 12676
it is necessary to levy a tax in excess of such limitation for one 12677
of the purposes specified in division (A), (D), (F), (H), or (DD) 12678
of section 5705.19 of the Revised Code, for general permanent 12679
improvements, for the purpose of operating a cultural center, or 12680
for the purpose of providing education technology, and that the 12681
question of such additional tax levy shall be submitted to the 12682
electors of the school district at a special election on a day to 12683
be specified in the resolution. 12684

       As used in this section, "cultural center" means a 12685
freestanding building, separate from a public school building, 12686
that is open to the public for educational, musical, artistic, and 12687
cultural purposes; "education technology" means, but is not 12688
limited to, computer hardware, equipment, materials, and 12689
accessories, equipment used for two-way audio or video, and 12690
software; and "general permanent improvements" means permanent 12691
improvements without regard to the limitation of division (F) of 12692
section 5705.19 of the Revised Code that the improvements be a 12693
specific improvement or a class of improvements that may be 12694
included in a single bond issue. 12695

       The submission of questions to the electors under this 12696
section is subject to the limitation on the number of election 12697
dates established by section 5705.214 of the Revised Code. 12698

       (B) Such resolution shall be confined to a single purpose and 12699
shall specify the amount of the increase in rate that it is 12700
necessary to levy, the purpose of the levy, and the number of 12701
years during which the increase in rate shall be in effect. The 12702
number of years may be any number not exceeding five or, if the 12703
levy is for current expenses of the district or for general 12704
permanent improvements, for a continuing period of time. The 12705
resolution shall specify the date of holding such election, which 12706
shall not be earlier than seventy-five days after the adoption and 12707
certification of the resolution and which shall be consistent with 12708
the requirements of section 3501.01 of the Revised Code. 12709

       The resolution may propose to renew one or more existing 12710
levies imposed under this section or to increase or decrease a 12711
single levy imposed under this section. If the board of education 12712
imposes one or more existing levies for the purpose specified in 12713
division (F) of section 5705.19 of the Revised Code, the 12714
resolution may propose to renew one or more of those existing 12715
levies, or to increase or decrease a single such existing levy, 12716
for the purpose of general permanent improvements. If the 12717
resolution proposes to renew two or more existing levies, the 12718
levies shall be levied for the same purpose. The resolution shall 12719
identify those levies and the rates at which they are levied. The 12720
resolution also shall specify that the existing levies shall not 12721
be extended on the tax lists after the year preceding the year in 12722
which the renewal levy is first imposed, regardless of the years 12723
for which those levies originally were authorized to be levied. 12724

       The resolution shall go into immediate effect upon its 12725
passage, and no publication of the resolution shall be necessary 12726
other than that provided for in the notice of election. A copy of 12727
the resolution shall immediately after its passing be certified to 12728
the board of elections of the proper county in the manner provided 12729
by section 5705.25 of the Revised Code, and that section shall 12730
govern the arrangements for the submission of such question and 12731
other matters concerning such election, to which that section 12732
refers, except that such election shall be held on the date 12733
specified in the resolution. Publication of notice of ~~such~~that 12734
election shall be made in one or more newspapers of general 12735
circulation in the county ~~once a~~twice during the week ~~for four~~ 12736
~~consecutive weeks~~prior to the election, and the board of 12737
elections shall post notice of the election on its web site, or, 12738
if the board does not operate and maintain its own web site, on 12739
the web site it operates and maintains on free internet space 12740
under section 3501.24 of the Revised Code, for thirty days prior 12741
to the election. If a majority of the electors voting on the 12742
question so submitted in an election vote in favor of the levy, 12743
the board of education may make the necessary levy within the 12744
school district at the additional rate, or at any lesser rate in 12745
excess of the ten-mill limitation on the tax list, for the purpose 12746
stated in the resolution. A levy for a continuing period of time 12747
may be reduced pursuant to section 5705.261 of the Revised Code. 12748
The tax levy shall be included in the next tax budget that is 12749
certified to the county budget commission. 12750

       (C)(1) After the approval of a levy on the current tax list 12751
and duplicate for current expenses, for recreational purposes, for 12752
community centers provided for in section 755.16 of the Revised 12753
Code, or for a public library of the district and prior to the 12754
time when the first tax collection from the levy can be made, the 12755
board of education may anticipate a fraction of the proceeds of 12756
the levy and issue anticipation notes in a principal amount not 12757
exceeding fifty per cent of the total estimated proceeds of the 12758
levy to be collected during the first year of the levy. 12759

       (2) After the approval of a levy for general permanent 12760
improvements for a specified number of years, or for permanent 12761
improvements having the purpose specified in division (F) of 12762
section 5705.19 of the Revised Code, the board of education may 12763
anticipate a fraction of the proceeds of the levy and issue 12764
anticipation notes in a principal amount not exceeding fifty per 12765
cent of the total estimated proceeds of the levy remaining to be 12766
collected in each year over a period of five years after the 12767
issuance of the notes. 12768

       The notes shall be issued as provided in section 133.24 of 12769
the Revised Code, shall have principal payments during each year 12770
after the year of their issuance over a period not to exceed five 12771
years, and may have a principal payment in the year of their 12772
issuance. 12773

       (3) After approval of a levy for general permanent 12774
improvements for a continuing period of time, the board of 12775
education may anticipate a fraction of the proceeds of the levy 12776
and issue anticipation notes in a principal amount not exceeding 12777
fifty per cent of the total estimated proceeds of the levy to be 12778
collected in each year over a specified period of years, not 12779
exceeding ten, after the issuance of the notes. 12780

       The notes shall be issued as provided in section 133.24 of 12781
the Revised Code, shall have principal payments during each year 12782
after the year of their issuance over a period not to exceed ten 12783
years, and may have a principal payment in the year of their 12784
issuance. 12785

       Sec. 5705.218. (A) The board of education of a city, local, 12786
or exempted village school district, at any time by a vote of 12787
two-thirds of all its members, may declare by resolution that it 12788
may be necessary for the school district to issue general 12789
obligation bonds for permanent improvements. The resolution shall 12790
state all of the following: 12791

       (1) The necessity and purpose of the bond issue; 12792

       (2) The date of the special election at which the question 12793
shall be submitted to the electors; 12794

       (3) The amount, approximate date, estimated rate of interest, 12795
and maximum number of years over which the principal of the bonds 12796
may be paid; 12797

       (4) The necessity of levying a tax outside the ten-mill 12798
limitation to pay debt charges on the bonds and any anticipatory 12799
securities. 12800

       On adoption of the resolution, the board shall certify a copy 12801
of it to the county auditor. The county auditor promptly shall 12802
estimate and certify to the board the average annual property tax 12803
rate required throughout the stated maturity of the bonds to pay 12804
debt charges on the bonds, in the same manner as under division 12805
(C) of section 133.18 of the Revised Code. 12806

       (B) After receiving the county auditor's certification under 12807
division (A) of this section, the board of education of the city, 12808
local, or exempted village school district, by a vote of 12809
two-thirds of all its members, may declare by resolution that the 12810
amount of taxes that can be raised within the ten-mill limitation 12811
will be insufficient to provide an adequate amount for the present 12812
and future requirements of the school district; that it is 12813
necessary to issue general obligation bonds of the school district 12814
for permanent improvements and to levy an additional tax in excess 12815
of the ten-mill limitation to pay debt charges on the bonds and 12816
any anticipatory securities; that it is necessary for a specified 12817
number of years or for a continuing period of time to levy 12818
additional taxes in excess of the ten-mill limitation to provide 12819
funds for the acquisition, construction, enlargement, renovation, 12820
and financing of permanent improvements or to pay for current 12821
operating expenses, or both; and that the question of the bonds 12822
and taxes shall be submitted to the electors of the school 12823
district at a special election, which shall not be earlier than 12824
seventy-five days after certification of the resolution to the 12825
board of elections, and the date of which shall be consistent with 12826
section 3501.01 of the Revised Code. The resolution shall specify 12827
all of the following: 12828

       (1) The county auditor's estimate of the average annual 12829
property tax rate required throughout the stated maturity of the 12830
bonds to pay debt charges on the bonds; 12831

       (2) The proposed rate of the tax, if any, for current 12832
operating expenses, the first year the tax will be levied, and the 12833
number of years it will be levied, or that it will be levied for a 12834
continuing period of time; 12835

       (3) The proposed rate of the tax, if any, for permanent 12836
improvements, the first year the tax will be levied, and the 12837
number of years it will be levied, or that it will be levied for a 12838
continuing period of time. 12839

       The resolution shall apportion the annual rate of the tax 12840
between current operating expenses and permanent improvements, if 12841
both taxes are proposed. The apportionment may but need not be the 12842
same for each year of the tax, but the respective portions of the 12843
rate actually levied each year for current operating expenses and 12844
permanent improvements shall be limited by the apportionment. The 12845
resolution shall go into immediate effect upon its passage, and no 12846
publication of it is necessary other than that provided in the 12847
notice of election. The board of education shall certify a copy of 12848
the resolution, along with copies of the auditor's estimate and 12849
its resolution under division (A) of this section, to the board of 12850
elections immediately after its adoption. 12851

       (C) The board of elections shall make the arrangements for 12852
the submission of the question to the electors of the school 12853
district, and the election shall be conducted, canvassed, and 12854
certified in the same manner as regular elections in the district 12855
for the election of county officers. The resolution shall be put 12856
before the electors as one ballot question, with a favorable vote 12857
indicating approval of the bond issue, the levy to pay debt 12858
charges on the bonds and any anticipatory securities, the current 12859
operating expenses levy, and the permanent improvements levy, if 12860
either or both levies are proposed. The board of elections shall 12861
publish notice of the election in one or more newspapers of 12862
general circulation in the school district ~~once a~~twice during the 12863
week ~~for four consecutive weeks~~prior to the election and shall 12864
post notice of the election on its web site, or, if the board does 12865
not operate and maintain its own web site, on the web site it 12866
operates and maintains on free internet space under section 12867
3501.24 of the Revised Code, for thirty days prior to the 12868
election. The notice of election shall state all of the following: 12869

       (1) The principal amount of the proposed bond issue; 12870

       (2) The permanent improvements for which the bonds are to be 12871
issued; 12872

       (3) The maximum number of years over which the principal of 12873
the bonds may be paid; 12874

       (4) The estimated additional average annual property tax rate 12875
to pay the debt charges on the bonds, as certified by the county 12876
auditor; 12877

       (5) The proposed rate of the additional tax, if any, for 12878
current operating expenses; 12879

       (6) The number of years the current operating expenses tax 12880
will be in effect, or that it will be in effect for a continuing 12881
period of time; 12882

       (7) The proposed rate of the additional tax, if any, for 12883
permanent improvements; 12884

       (8) The number of years the permanent improvements tax will 12885
be in effect, or that it will be in effect for a continuing period 12886
of time; 12887

       (9) The time and place of the special election. 12888

       (D) The form of the ballot for an election under this section 12889
is as follows: 12890

       "Shall the .......... school district be authorized to do the 12891
following: 12892

       (1) Issue bonds for the purpose of .......... in the 12893
principal amount of $......, to be repaid annually over a maximum 12894
period of ...... years, and levy a property tax outside the 12895
ten-mill limitation, estimated by the county auditor to average 12896
over the bond repayment period ...... mills for each one dollar of 12897
tax valuation, which amounts to ...... (rate expressed in cents or 12898
dollars and cents, such as "36 cents" or "$1.41") for each $100 of 12899
tax valuation, to pay the annual debt charges on the bonds, and to 12900
pay debt charges on any notes issued in anticipation of those 12901
bonds?" 12902

       If either a levy for permanent improvements or a levy for 12903
current operating expenses is proposed, or both are proposed, the 12904
ballot also shall contain the following language, as appropriate: 12905

       "(2) Levy an additional property tax to provide funds for the 12906
acquisition, construction, enlargement, renovation, and financing 12907
of permanent improvements at a rate not exceeding ....... mills 12908
for each one dollar of tax valuation, which amounts to ....... 12909
(rate expressed in cents or dollars and cents) for each $100 of 12910
tax valuation, for ...... (number of years of the levy, or a 12911
continuing period of time)? 12912

       (3) Levy an additional property tax to pay current operating 12913
expenses at a rate not exceeding ....... mills for each one dollar 12914
of tax valuation, which amounts to ....... (rate expressed in 12915
cents or dollars and cents) for each $100 of tax valuation, for 12916
....... (number of years of the levy, or a continuing period of 12917
time)? 12918

         12919

  FOR THE BOND ISSUE AND LEVY (OR LEVIES) 12920
  AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)   " 12921

         12922

       (E) The board of elections promptly shall certify the results 12923
of the election to the tax commissioner and the county auditor of 12924
the county in which the school district is located. If a majority 12925
of the electors voting on the question vote for it, the board of 12926
education may proceed with issuance of the bonds and with the levy 12927
and collection of the property tax or taxes at the additional rate 12928
or any lesser rate in excess of the ten-mill limitation. Any 12929
securities issued by the board of education under this section are 12930
Chapter 133. securities, as that term is defined in section 133.01 12931
of the Revised Code. 12932

       (F)(1) After the approval of a tax for current operating 12933
expenses under this section and prior to the time the first 12934
collection and distribution from the levy can be made, the board 12935
of education may anticipate a fraction of the proceeds of such 12936
levy and issue anticipation notes in a principal amount not 12937
exceeding fifty per cent of the total estimated proceeds of the 12938
tax to be collected during the first year of the levy. 12939

       (2) After the approval of a tax under this section for 12940
permanent improvements having a specific purpose, the board of 12941
education may anticipate a fraction of the proceeds of such tax 12942
and issue anticipation notes in a principal amount not exceeding 12943
fifty per cent of the total estimated proceeds of the tax 12944
remaining to be collected in each year over a period of five years 12945
after issuance of the notes. 12946

       (3) After the approval of a tax for general, on-going 12947
permanent improvements under this section, the board of education 12948
may anticipate a fraction of the proceeds of such tax and issue 12949
anticipation notes in a principal amount not exceeding fifty per 12950
cent of the total estimated proceeds of the tax to be collected in 12951
each year over a specified period of years, not exceeding ten, 12952
after issuance of the notes. 12953

       Anticipation notes under this section shall be issued as 12954
provided in section 133.24 of the Revised Code. Notes issued under 12955
division (F)(1) or (2) of this section shall have principal 12956
payments during each year after the year of their issuance over a 12957
period not to exceed five years, and may have a principal payment 12958
in the year of their issuance. Notes issued under division (F)(3) 12959
of this section shall have principal payments during each year 12960
after the year of their issuance over a period not to exceed ten 12961
years, and may have a principal payment in the year of their 12962
issuance. 12963

       (G) A tax for current operating expenses or for permanent 12964
improvements levied under this section for a specified number of 12965
years may be renewed or replaced in the same manner as a tax for 12966
current operating expenses or for permanent improvements levied 12967
under section 5705.21 of the Revised Code. A tax for current 12968
operating expenses or for permanent improvements levied under this 12969
section for a continuing period of time may be decreased in 12970
accordance with section 5705.261 of the Revised Code. 12971

       (H) The submission of a question to the electors under this 12972
section is subject to the limitation on the number of elections 12973
that can be held in a year under section 5705.214 of the Revised 12974
Code. 12975

       (I) A school district board of education proposing a ballot 12976
measure under this section to generate local resources for a 12977
project under the school building assistance expedited local 12978
partnership program under section 3318.36 of the Revised Code may 12979
combine the questions under division (D) of this section with a 12980
question for the levy of a property tax to generate moneys for 12981
maintenance of the classroom facilities acquired under that 12982
project as prescribed in section 3318.361 of the Revised Code. 12983

       Sec. 5705.25. (A) A copy of any resolution adopted as 12984
provided in section 5705.19 of the Revised Code shall be certified 12985
by the taxing authority to the board of elections of the proper 12986
county not less than seventy-five days before the general election 12987
in any year, and the board shall submit the proposal to the 12988
electors of the subdivision at the succeeding November election. 12989
Except as otherwise provided in this division, a resolution to 12990
renew an existing levy, regardless of the section of the Revised 12991
Code under which the tax was imposed, shall not be placed on the 12992
ballot unless the question is submitted at the general election 12993
held during the last year the tax to be renewed or replaced may be 12994
extended on the real and public utility property tax list and 12995
duplicate, or at any election held in the ensuing year. The 12996
limitation of the foregoing sentence does not apply to a 12997
resolution to renew and increase or to renew part of an existing 12998
levy that was imposed under section 5705.191 of the Revised Code 12999
to supplement the general fund for the purpose of making 13000
appropriations for one or more of the following purposes: for 13001
public assistance, human or social services, relief, welfare, 13002
hospitalization, health, and support of general hospitals. The 13003
limitation of the second preceding sentence also does not apply to 13004
a resolution that proposes to renew two or more existing levies 13005
imposed under section 5705.21 of the Revised Code, in which case 13006
the question shall be submitted on the date of the general or 13007
primary election held during the last year at least one of the 13008
levies to be renewed may be extended on the real and public 13009
utility property tax list and duplicate, or at any election held 13010
during the ensuing year. For purposes of this section, a levy 13011
shall be considered to be an "existing levy" through the year 13012
following the last year it can be placed on that tax list and 13013
duplicate. 13014

       The board shall make the necessary arrangements for the 13015
submission of such questions to the electors of such subdivision, 13016
and the election shall be conducted, canvassed, and certified in 13017
the same manner as regular elections in such subdivision for the 13018
election of county officers. Notice of the election shall be 13019
published in a newspaper of general circulation in the subdivision 13020
~~once a~~twice during the week ~~for four consecutive weeks~~ prior to 13021
the election, ~~stating~~and the board of elections shall post notice 13022
of the election on its web site, or, if the board does not operate 13023
and maintain its own web site, on the web site it operates and 13024
maintains on free internet space under section 3501.24 of the 13025
Revised Code, for thirty days prior to the election. The notice 13026
shall state the purpose, the proposed increase in rate, expressed 13027
in dollars and cents for each one hundred dollars of valuation as 13028
well as in mills for each one dollar of valuation, the number of 13029
years during which the increase will be in effect, the first month 13030
and year in which the tax will be levied, and the time and place 13031
of the election. 13032

       (B) The form of the ballots cast at an election held pursuant 13033
to division (A) of this section shall be as follows: 13034

       "An additional tax for the benefit of (name of subdivision or 13035
public library) .......... for the purpose of (purpose stated in 13036
the resolution) .......... at a rate not exceeding ...... mills 13037
for each one dollar of valuation, which amounts to (rate expressed 13038
in dollars and cents) ............ for each one hundred dollars of 13039
valuation, for ...... (life of indebtedness or number of years the 13040
levy is to run). 13041

         13042

For the Tax Levy 13043
Against the Tax Levy " 13044

         13045

       (C) If the levy is to be in effect for a continuing period of 13046
time, the notice of election and the form of ballot shall so state 13047
instead of setting forth a specified number of years for the levy. 13048

       If the tax is to be placed on the current tax list, the form 13049
of the ballot shall be modified by adding, after the statement of 13050
the number of years the levy is to run, the phrase ", commencing 13051
in .......... (first year the tax is to be levied), first due in 13052
calendar year .......... (first calendar year in which the tax 13053
shall be due)." 13054

       If the levy submitted is a proposal to renew, increase, or 13055
decrease an existing levy, the form of the ballot specified in 13056
division (B) of this section may be changed by substituting for 13057
the words "An additional" at the beginning of the form, the words 13058
"A renewal of a" in case of a proposal to renew an existing levy 13059
in the same amount; the words "A renewal of ........ mills and an 13060
increase of ...... mills to constitute a" in the case of an 13061
increase; or the words "A renewal of part of an existing levy, 13062
being a reduction of ...... mills, to constitute a" in the case of 13063
a decrease in the proposed levy. 13064

       If the levy submitted is a proposal to renew two or more 13065
existing levies imposed under section 5705.21 of the Revised Code, 13066
the form of the ballot specified in division (B) of this section 13067
shall be modified by substituting for the words "an additional 13068
tax" the words "a renewal of ....(insert the number of levies to 13069
be renewed) existing taxes." 13070

       The question covered by such resolution shall be submitted as 13071
a separate proposition but may be printed on the same ballot with 13072
any other proposition submitted at the same election, other than 13073
the election of officers. More than one such question may be 13074
submitted at the same election. 13075

       (D) A levy voted in excess of the ten-mill limitation under 13076
this section shall be certified to the tax commissioner. In the 13077
first year of the levy, it shall be extended on the tax lists 13078
after the February settlement succeeding the election. If the 13079
additional tax is to be placed upon the tax list of the current 13080
year, as specified in the resolution providing for its submission, 13081
the result of the election shall be certified immediately after 13082
the canvass by the board of elections to the taxing authority, who 13083
shall make the necessary levy and certify it to the county 13084
auditor, who shall extend it on the tax lists for collection. 13085
After the first year, the tax levy shall be included in the annual 13086
tax budget that is certified to the county budget commission. 13087

       Sec. 5705.251. (A) A copy of a resolution adopted under 13088
section 5705.212 or 5705.213 of the Revised Code shall be 13089
certified by the board of education to the board of elections of 13090
the proper county not less than seventy-five days before the date 13091
of the election specified in the resolution, and the board of 13092
elections shall submit the proposal to the electors of the school 13093
district at a special election to be held on that date. The board 13094
of elections shall make the necessary arrangements for the 13095
submission of the question or questions to the electors of the 13096
school district, and the election shall be conducted, canvassed, 13097
and certified in the same manner as regular elections in the 13098
school district for the election of county officers. Notice of the 13099
election shall be published in a newspaper of general circulation 13100
in the subdivision ~~once a~~twice during the week ~~for four~~ 13101
~~consecutive weeks~~ prior to the election, and the board of 13102
elections shall post notice of the election on its web site or, if 13103
the board does not operate and maintain its own web site, on the 13104
web site it operates and maintains on free internet space under 13105
section 3501.24 of the Revised Code for thirty days prior to the 13106
election. 13107

       (1) In the case of a resolution adopted under section 13108
5705.212 of the Revised Code, the notice shall state separately, 13109
for each tax being proposed, the purpose; the proposed increase in 13110
rate, expressed in dollars and cents for each one hundred dollars 13111
of valuation as well as in mills for each one dollar of valuation; 13112
the number of years during which the increase will be in effect; 13113
and the first calendar year in which the tax will be due. For an 13114
election on the question of a renewal levy, the notice shall state 13115
the purpose; the proposed rate, expressed in dollars and cents for 13116
each one hundred dollars of valuation as well as in mills for each 13117
one dollar of valuation; and the number of years the tax will be 13118
in effect. 13119

       (2) In the case of a resolution adopted under section 13120
5705.213 of the Revised Code, the notice shall state the purpose; 13121
the amount proposed to be raised by the tax in the first year it 13122
is levied; the estimated average additional tax rate for the first 13123
year it is proposed to be levied, expressed in mills for each one 13124
dollar of valuation and in dollars and cents for each one hundred 13125
dollars of valuation; the number of years during which the 13126
increase will be in effect; and the first calendar year in which 13127
the tax will be due. The notice also shall state the amount by 13128
which the amount to be raised by the tax may be increased in each 13129
year after the first year. The amount of the allowable increase 13130
may be expressed in terms of a dollar increase over, or a 13131
percentage of, the amount raised by the tax in the immediately 13132
preceding year. For an election on the question of a renewal levy, 13133
the notice shall state the purpose; the amount proposed to be 13134
raised by the tax; the estimated tax rate, expressed in mills for 13135
each one dollar of valuation and in dollars and cents for each one 13136
hundred dollars of valuation; and the number of years the tax will 13137
be in effect. 13138

       In any case, the notice also shall state the time and place 13139
of the election. 13140

       (B) The form of the ballot in an election on taxes proposed 13141
under section 5705.212 of the Revised Code shall be as follows: 13142

       "Shall the .......... school district be authorized to levy 13143
taxes for current expenses, the aggregate rate of which may 13144
increase in ...... (number) increment(s) of not more than ...... 13145
mill(s) for each dollar of valuation, from an original rate of 13146
...... mill(s) for each dollar of valuation, which amounts to 13147
...... (rate expressed in dollars and cents) for each one hundred 13148
dollars of valuation, to a maximum rate of ...... mill(s) for each 13149
dollar of valuation, which amounts to ...... (rate expressed in 13150
dollars and cents) for each one hundred dollars of valuation? The 13151
original tax is first proposed to be levied in ...... (the first 13152
year of the tax), and the incremental tax in ...... (the first 13153
year of the increment) (if more than one incremental tax is 13154
proposed in the resolution, the first year that each incremental 13155
tax is proposed to be levied shall be stated in the preceding 13156
format, and the increments shall be referred to as the first, 13157
second, third, or fourth increment, depending on their number). 13158
The aggregate rate of tax so authorized will .......... (insert 13159
either, "expire with the original rate of tax which shall be in 13160
effect for ...... years" or "be in effect for a continuing period 13161
of time"). 13162

         13163

FOR THE TAX ~~LEVYS~~ LEVIES 13164
AGAINST THE TAX ~~LEVYS~~ LEVIES " 13165

         13166

       The form of the ballot in an election on the question of a 13167
renewal levy under section 5705.212 of the Revised Code shall be 13168
as follows: 13169

       "Shall the ......... school district be authorized to renew a 13170
tax for current expenses at a rate not exceeding ......... mills 13171
for each dollar of valuation, which amounts to ......... (rate 13172
expressed in dollars and cents) for each one hundred dollars of 13173
valuation, for .......... (number of years the levy shall be in 13174
effect, or a continuing period of time)? 13175

         13176

FOR THE TAX LEVY 13177
AGAINST THE TAX LEVY " 13178

         13179

       If the tax is to be placed on the current tax list, the form 13180
of the ballot shall be modified by adding, after the statement of 13181
the number of years the levy is to be in effect, the phrase ", 13182
commencing in .......... (first year the tax is to be levied), 13183
first due in calendar year .......... (first calendar year in 13184
which the tax shall be due)." 13185

       (C) The form of the ballot in an election on a tax proposed 13186
under section 5705.213 of the Revised Code shall be as follows: 13187

       "Shall the ........ school district be authorized to levy the 13188
following tax for current expenses? The tax will first be levied 13189
in ...... (year) to raise ...... (dollars). In the ...... (number 13190
of years) following years, the tax will increase by not more than 13191
...... (per cent or dollar amount of increase) each year, so that, 13192
during ...... (last year of the tax), the tax will raise 13193
approximately ...... (dollars). The county auditor estimates that 13194
the rate of the tax per dollar of valuation will be ...... 13195
mill(s), which amounts to $..... per one hundred dollars of 13196
valuation, both during ...... (first year of the tax) and ...... 13197
mill(s), which amounts to $...... per one hundred dollars of 13198
valuation, during ...... (last year of the tax). The tax will not 13199
be levied after ...... (year). 13200

         13201

FOR THE TAX LEVY 13202
AGAINST THE TAX LEVY " 13203

         13204

       The form of the ballot in an election on the question of a 13205
renewal levy under section 5705.213 of the Revised Code shall be 13206
as follows: 13207

       "Shall the ......... school district be authorized to renew a 13208
tax for current expenses which will raise ......... (dollars), 13209
estimated by the county auditor to be ......... mills for each 13210
dollar of valuation, which amounts to ......... (rate expressed in 13211
dollars and cents) for each one hundred dollars of valuation? The 13212
tax shall be in effect for ......... (the number of years the levy 13213
shall be in effect, or a continuing period of time). 13214

         13215

FOR THE TAX LEVY 13216
AGAINST THE TAX LEVY " 13217

         13218

       If the tax is to be placed on the current tax list, the form 13219
of the ballot shall be modified by adding, after the statement of 13220
the number of years the levy is to be in effect, the phrase ", 13221
commencing in .......... (first year the tax is to be levied), 13222
first due in calendar year .......... (first calendar year in 13223
which the tax shall be due)." 13224

       (D) The question covered by a resolution adopted under 13225
section 5705.212 or 5705.213 of the Revised Code shall be 13226
submitted as a separate question, but may be printed on the same 13227
ballot with any other question submitted at the same election, 13228
other than the election of officers. More than one question may be 13229
submitted at the same election. 13230

       (E) Taxes voted in excess of the ten-mill limitation under 13231
division (B) or (C) of this section shall be certified to the tax 13232
commissioner. If an additional tax is to be placed upon the tax 13233
list of the current year, as specified in the resolution providing 13234
for its submission, the result of the election shall be certified 13235
immediately after the canvass by the board of elections to the 13236
board of education. The board of education immediately shall make 13237
the necessary levy and certify it to the county auditor, who shall 13238
extend it on the tax list for collection. After the first year, 13239
the levy shall be included in the annual tax budget that is 13240
certified to the county budget commission. 13241

       Sec. 5705.261. The question of decrease of an increased rate 13242
of levy approved for a continuing period of time by the voters of 13243
a subdivision may be initiated by the filing of a petition with 13244
the board of elections of the proper county not less than 13245
seventy-five days before the general election in any year 13246
requesting that an election be held on such question. Such 13247
petition shall state the amount of the proposed decrease in the 13248
rate of levy and shall be signed by qualified electors residing in 13249
the subdivision equal in number to at least ten per cent of the 13250
total number of votes cast in the subdivision for the office of 13251
governor at the most recent general election for that office. Only 13252
one such petition may be filed during each five-year period 13253
following the election at which the voters approved the increased 13254
rate for a continuing period of time. 13255

       After determination by it that such petition is valid, the 13256
board of elections shall submit the question to the electors of 13257
the district at the succeeding general election. The election 13258
shall be conducted, canvassed, and certified in the same manner as 13259
regular elections in such subdivision for county offices. Notice 13260
of the election shall be published in a newspaper of general 13261
circulation in the district ~~once a~~twice during the week ~~for four~~ 13262
~~consecutive weeks~~ prior to the election, ~~stating~~and the board of 13263
elections shall post notice of the election on its web site, or, 13264
if the board does not operate and maintain its own web site, on 13265
the web site it operates and maintains on free internet space 13266
under section 3501.24 of the Revised Code, for thirty days prior 13267
to the election. The notice shall state the purpose, the amount of 13268
the proposed decrease in rate, and the time and place of the 13269
election. The form of the ballot cast at such election shall be 13270
prescribed by the secretary of state. The question covered by such 13271
petition shall be submitted as a separate proposition but it may 13272
be printed on the same ballot with any other propositions 13273
submitted at the same election other than the election of 13274
officers. If a majority of the qualified electors voting on the 13275
question of a decrease at such election approve the proposed 13276
decrease in rate, the result of the election shall be certified 13277
immediately after the canvass by the board of elections to the 13278
subdivision's taxing authority, which shall thereupon, after the 13279
current year, cease to levy such increased rate or levy such tax 13280
at such reduced rate upon the duplicate of the subdivision. If 13281
notes have been issued in anticipation of the collection of such 13282
levy, the taxing authority shall continue to levy and collect 13283
under authority of the election authorizing the original levy such 13284
amounts as will be sufficient to pay the principal of and interest 13285
on such anticipation notes as the same fall due. 13286

       Sec. 5705.71. (A) The electors of a county may initiate the 13287
question of a tax levy for support of senior citizens services or 13288
facilities by the filing of a petition with the board of elections 13289
of that county not less than seventy-five days before the date of 13290
any primary or general election requesting that an election be 13291
held on such question. The petition shall be signed by at least 13292
ten per cent of the qualified electors residing in the county and 13293
voting for the office of governor at the last general election. 13294

       (B) The petition shall state the purpose for which the senior 13295
citizens tax levy is being proposed, shall specify the amount of 13296
the proposed increase in rate, the period of time during which the 13297
increase is to be in effect, and whether the levy is to be imposed 13298
in the current year. The number of years may be any number not 13299
exceeding five, except that when the additional rate is for the 13300
payment of debt charges the increased rate shall be for the life 13301
of the indebtedness. 13302

       (C) After determination by it that such petition is valid, 13303
the board of elections shall submit the question to the electors 13304
of the county at the succeeding primary or general election. 13305

       (D) The election shall be conducted, canvassed, and certified 13306
in the same manner as regular elections in such county for county 13307
offices. Notice of the election shall be published in a newspaper 13308
of general circulation in the county ~~once a~~twice during the week 13309
~~for four consecutive weeks~~ prior to the election, ~~stating~~and the 13310
board of elections shall post notice of the election on its web 13311
site, or, if the board does not operate and maintain its own web 13312
site, on the web site it operates and maintains on free internet 13313
space under section 3501.24 of the Revised Code, for thirty days 13314
prior to the election. The notice shall state the purpose, the 13315
amount of the proposed increase in rate, and the time and place of 13316
the election. 13317

       (E) The form of the ballot cast at such election shall be 13318
prescribed by the secretary of state. If the tax is to be placed 13319
on the tax list of the current tax year, the form of the ballot 13320
shall include a statement to that effect and shall indicate the 13321
first calendar year the tax will be due. The question covered by 13322
such petition shall be submitted as a separate proposition but it 13323
may be printed on the same ballot with any other propositions 13324
submitted at the same election other than the election of 13325
officers. 13326

       (F) If a majority of electors voting on the question vote in 13327
favor of the levy, the board of county commissioners shall levy a 13328
tax, for the period and the purpose stated within the petition. If 13329
the tax is to be placed upon the tax list of the current year, as 13330
specified in the petition, the result of the election shall be 13331
certified immediately after the canvass by the board of elections 13332
to the board of county commissioners, which shall forthwith make 13333
the necessary levy and certify it to the county auditor, who shall 13334
extend it on the tax list for collection. After the first year, 13335
the tax levy shall be included in the annual tax budget that is 13336
certified to the county budget commission. 13337

       Sec. 5739.022. (A) The question of repeal of either a county 13338
permissive tax or an increase in the rate of a county permissive 13339
tax that was adopted as an emergency measure pursuant to section 13340
5739.021 or 5739.026 of the Revised Code may be initiated by 13341
filing with the board of elections of the county not less than 13342
seventy-five days before the general election in any year a 13343
petition requesting that an election be held on the question. The 13344
question of repealing an increase in the rate of the county 13345
permissive tax shall be submitted to the electors as a separate 13346
question from the repeal of the tax in effect prior to the 13347
increase in the rate. Any petition filed under this section shall 13348
be signed by qualified electors residing in the county equal in 13349
number to ten per cent of those voting for governor at the most 13350
recent gubernatorial election. 13351

       After determination by it that the petition is valid, the 13352
board of elections shall submit the question to the electors of 13353
the county at the next general election. The election shall be 13354
conducted, canvassed, and certified in the same manner as regular 13355
elections for county offices in the county. The board of elections 13356
shall notify the tax commissioner, in writing, of the election 13357
upon determining that the petition is valid. Notice of the 13358
election shall also be published in a newspaper of general 13359
circulation in the district ~~once a~~twice during the week ~~for four~~ 13360
~~consecutive weeks~~ prior to the election, ~~stating~~and the board of 13361
elections shall post notice of the election on its web site, or, 13362
if the board does not operate and maintain its own web site, on 13363
the web site it operates and maintains on free internet space 13364
under section 3501.24 of the Revised Code, for thirty days prior 13365
to the election. The notice shall state the purpose, ~~the~~ time, and 13366
~~the~~ place of the election. The form of the ballot cast at the 13367
election shall be prescribed by the secretary of state; however, 13368
the ballot question shall read, "shall the tax (or, increase in 13369
the rate of the tax) be retained? 13370

         13371

Yes 13372
No " 13373

         13374

The question covered by the petition shall be submitted as a 13375
separate proposition, but it may be printed on the same ballot 13376
with any other proposition submitted at the same election other 13377
than the election of officers. 13378

       (B) If a majority of the qualified electors voting on the 13379
question of repeal of either a county permissive tax or an 13380
increase in the rate of a county permissive tax approve the 13381
repeal, the board of elections shall notify the board of county 13382
commissioners and the tax commissioner of the result of the 13383
election immediately after the result has been declared. The board 13384
of county commissioners shall, on the first day of the calendar 13385
quarter following the expiration of sixty-five days after the date 13386
the board and the tax commissioner receive the notice, in the case 13387
of a repeal of a county permissive tax, cease to levy the tax, or, 13388
in the case of a repeal of an increase in the rate of a county 13389
permissive tax, levy the tax at the rate at which it was imposed 13390
immediately prior to the increase in rate and cease to levy the 13391
increased rate. 13392

       (C) Upon receipt from a board of elections of a notice of the 13393
results of an election required by division (B) of this section, 13394
the tax commissioner shall provide notice of a tax repeal or rate 13395
change in a manner that is reasonably accessible to all affected 13396
vendors. The commissioner shall provide this notice at least sixty 13397
days prior to the effective date of the rate change. The 13398
commissioner, by rule, may establish the method by which notice 13399
will be provided. 13400

       (D) If a vendor that is registered with the central 13401
electronic registration system provided for in section 5740.05 of 13402
the Revised Code makes a sale in this state by printed catalog and 13403
the consumer computed the tax on the sale based on local rates 13404
published in the catalog, any tax repealed or rate changed under 13405
this section shall not apply to such a sale until the first day of 13406
a calendar quarter following the expiration of one hundred twenty 13407
days from the date of notice by the tax commissioner pursuant to 13408
division (C) of this section. 13409

       Sec. 5748.02. (A) The board of education of any school 13410
district, except a joint vocational school district, may declare, 13411
by resolution, the necessity of raising annually a specified 13412
amount of money for school district purposes. The resolution shall 13413
specify whether the income that is to be subject to the tax is 13414
taxable income of individuals and estates as defined in divisions 13415
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or 13416
taxable income of individuals as defined in division (E)(1)(b) of 13417
that section. A copy of the resolution shall be certified to the 13418
tax commissioner no later than eighty-five days prior to the date 13419
of the election at which the board intends to propose a levy under 13420
this section. Upon receipt of the copy of the resolution, the tax 13421
commissioner shall estimate both of the following: 13422

       (1) The property tax rate that would have to be imposed in 13423
the current year by the district to produce an equivalent amount 13424
of money; 13425

       (2) The income tax rate that would have had to have been in 13426
effect for the current year to produce an equivalent amount of 13427
money from a school district income tax. 13428

       Within ten days of receiving the copy of the board's 13429
resolution, the commissioner shall prepare these estimates and 13430
certify them to the board. Upon receipt of the certification, the 13431
board may adopt a resolution proposing an income tax under 13432
division (B) of this section at the estimated rate contained in 13433
the certification rounded to the nearest one-fourth of one per 13434
cent. The commissioner's certification applies only to the board's 13435
proposal to levy an income tax at the election for which the board 13436
requested the certification. If the board intends to submit a 13437
proposal to levy an income tax at any other election, it shall 13438
request another certification for that election in the manner 13439
prescribed in this division. 13440

       (B)(1) Upon the receipt of a certification from the tax 13441
commissioner under division (A) of this section, a majority of the 13442
members of a board of education may adopt a resolution proposing 13443
the levy of an annual tax for school district purposes on school 13444
district income. The proposed levy may be for a continuing period 13445
of time or for a specified number of years. The resolution shall 13446
set forth the purpose for which the tax is to be imposed, the rate 13447
of the tax, which shall be the rate set forth in the 13448
commissioner's certification rounded to the nearest one-fourth of 13449
one per cent, the number of years the tax will be levied or that 13450
it will be levied for a continuing period of time, the date on 13451
which the tax shall take effect, which shall be the first day of 13452
January of any year following the year in which the question is 13453
submitted, and the date of the election at which the proposal 13454
shall be submitted to the electors of the district, which shall be 13455
on the date of a primary, general, or special election the date of 13456
which is consistent with section 3501.01 of the Revised Code. The 13457
resolution shall specify whether the income that is to be subject 13458
to the tax is taxable income of individuals and estates as defined 13459
in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised 13460
Code or taxable income of individuals as defined in division 13461
(E)(1)(b) of that section. The specification shall be the same as 13462
the specification in the resolution adopted and certified under 13463
division (A) of this section. If the board of education currently 13464
imposes an income tax pursuant to this chapter that is due to 13465
expire and a question is submitted under this section for a 13466
proposed income tax to take effect upon the expiration of the 13467
existing tax, the board may specify in the resolution that the 13468
proposed tax renews the expiring tax and is not an additional 13469
income tax, provided that the tax rate being proposed is no higher 13470
than the tax rate that is currently imposed. 13471

       (2) A board of education adopting a resolution under division 13472
(B)(1) of this section proposing a school district income tax for 13473
a continuing period of time and limited to the purpose of current 13474
expenses may propose in that resolution to reduce the rate or 13475
rates of one or more of the school district's property taxes 13476
levied for a continuing period of time in excess of the ten-mill 13477
limitation for the purpose of current expenses. The reduction in 13478
the rate of a property tax may be any amount, expressed in mills 13479
per one dollar in valuation, not exceeding the rate at which the 13480
tax is authorized to be levied. The reduction in the rate of a tax 13481
shall first take effect for the tax year that includes the day on 13482
which the school district income tax first takes effect, and shall 13483
continue for each tax year that both the school district income 13484
tax and the property tax levy are in effect. 13485

       In addition to the matters required to be set forth in the 13486
resolution under division (B)(1) of this section, a resolution 13487
containing a proposal to reduce the rate of one or more property 13488
taxes shall state for each such tax the maximum rate at which it 13489
currently may be levied and the maximum rate at which the tax 13490
could be levied after the proposed reduction, expressed in mills 13491
per one dollar in valuation, and that the tax is levied for a 13492
continuing period of time. 13493

       If a board of education proposes to reduce the rate of one or 13494
more property taxes under division (B)(2) of this section, the 13495
board, when it makes the certification required under division (A) 13496
of this section, shall designate the specific levy or levies to be 13497
reduced, the maximum rate at which each levy currently is 13498
authorized to be levied, and the rate by which each levy is 13499
proposed to be reduced. The tax commissioner, when making the 13500
certification to the board under division (A) of this section, 13501
also shall certify the reduction in the total effective tax rate 13502
for current expenses for each class of property that would have 13503
resulted if the proposed reduction in the rate or rates had been 13504
in effect the previous tax year. As used in this paragraph, 13505
"effective tax rate" has the same meaning as in section 323.08 of 13506
the Revised Code. 13507

       (C) A resolution adopted under division (B) of this section 13508
shall go into immediate effect upon its passage, and no 13509
publication of the resolution shall be necessary other than that 13510
provided for in the notice of election. Immediately after its 13511
adoption and at least seventy-five days prior to the election at 13512
which the question will appear on the ballot, a copy of the 13513
resolution shall be certified to the board of elections of the 13514
proper county, which shall submit the proposal to the electors on 13515
the date specified in the resolution. The form of the ballot shall 13516
be as provided in section 5748.03 of the Revised Code. Publication 13517
of notice of the election shall be made in one or more newspapers 13518
of general circulation in the county ~~once a~~twice during the week 13519
~~for four consecutive weeks~~prior to the election, and the board of 13520
elections shall post notice of the election on its web site, or, 13521
if the board does not operate and maintain its own web site, on 13522
the web site it operates and maintains on free internet space 13523
under section 3501.24 of the Revised Code, for thirty days prior 13524
to the election. The notice shall contain the time and place of 13525
the election and the question to be submitted to the electors. The 13526
question covered by the resolution shall be submitted as a 13527
separate proposition, but may be printed on the same ballot with 13528
any other proposition submitted at the same election, other than 13529
the election of officers. 13530

       (D) No board of education shall submit the question of a tax 13531
on school district income to the electors of the district more 13532
than twice in any calendar year. If a board submits the question 13533
twice in any calendar year, one of the elections on the question 13534
shall be held on the date of the general election. 13535

       Sec. 5748.04. (A) The question of the repeal of a school 13536
district income tax levied for more than five years may be 13537
initiated not more than once in any five-year period by filing 13538
with the board of elections of the appropriate counties not later 13539
than seventy-five days before the general election in any year 13540
after the year in which it is approved by the electors a petition 13541
requesting that an election be held on the question. The petition 13542
shall be signed by qualified electors residing in the school 13543
district levying the income tax equal in number to ten per cent of 13544
those voting for governor at the most recent gubernatorial 13545
election. 13546

       The board of elections shall determine whether the petition 13547
is valid, and if it so determines, it shall submit the question to 13548
the electors of the district at the next general election. The 13549
election shall be conducted, canvassed, and certified in the same 13550
manner as regular elections for county offices in the county. 13551
Notice of the election shall be published in a newspaper of 13552
general circulation in the district ~~once a~~twice during the week 13553
~~for four consecutive weeks~~ prior to the election, ~~stating~~and the 13554
board of elections shall post notice of the election on its web 13555
site, or, if the board does not operate and maintain its own web 13556
site, on the web site it operates and maintains on free internet 13557
space under section 3501.24 of the Revised Code, for thirty days 13558
prior to the election. The notice shall state the purpose, ~~the~~ 13559
time, and ~~the~~ place of the election. The form of the ballot cast 13560
at the election shall be as follows: 13561

       "Shall the annual income tax of ..... per cent, currently 13562
levied on the school district income of individuals and estates by 13563
.......... (state the name of the school district) for the purpose 13564
of .......... (state purpose of the tax), be repealed? 13565

         13566

For repeal of the income tax 13567
Against repeal of the income tax " 13568

         13569

        (B)(1) If the tax is imposed on taxable income as defined in 13570
division (E)(1)(b) of section 5748.01 of the Revised Code, the 13571
form of the ballot shall be modified by stating that the tax 13572
currently is levied on the "earned income of individuals residing 13573
in the school district" in lieu of the "school district income of 13574
individuals and estates." 13575

       (2) If the rate of one or more property tax levies was 13576
reduced for the duration of the income tax levy pursuant to 13577
division (B)(2) of section 5748.02 of the Revised Code, the form 13578
of the ballot shall be modified by adding the following language 13579
immediately after "repealed": ", and shall the rate of an existing 13580
tax on property for the purpose of current expenses, which rate 13581
was reduced for the duration of the income tax, be INCREASED from 13582
..... mills to ..... mills per one dollar of valuation beginning 13583
in ..... (state the first year for which the rate of the property 13584
tax will increase)." In lieu of "for repeal of the income tax" and 13585
"against repeal of the income tax," the phrases "for the issue" 13586
and "against the issue," respectively, shall be substituted. 13587

       (3) If the rate of more than one property tax was reduced for 13588
the duration of the income tax, the ballot language shall be 13589
modified accordingly to express the rates at which those taxes 13590
currently are levied and the rates to which the taxes would be 13591
increased. 13592

       (C) The question covered by the petition shall be submitted 13593
as a separate proposition, but it may be printed on the same 13594
ballot with any other proposition submitted at the same election 13595
other than the election of officers. If a majority of the 13596
qualified electors voting on the question vote in favor of it, the 13597
result shall be certified immediately after the canvass by the 13598
board of elections to the board of education of the school 13599
district and the tax commissioner, who shall thereupon, after the 13600
current year, cease to levy the tax, except that if notes have 13601
been issued pursuant to section 5748.05 of the Revised Code the 13602
tax commissioner shall continue to levy and collect under 13603
authority of the election authorizing the levy an annual amount, 13604
rounded upward to the nearest one-fourth of one per cent, as will 13605
be sufficient to pay the debt charges on the notes as they fall 13606
due. 13607

       (D) If a school district income tax repealed pursuant to this 13608
section was approved in conjunction with a reduction in the rate 13609
of one or more school district property taxes as provided in 13610
division (B)(2) of section 5748.02 of the Revised Code, then each 13611
such property tax may be levied after the current year at the rate 13612
at which it could be levied prior to the reduction, subject to any 13613
adjustments required by the county budget commission pursuant to 13614
Chapter 5705. of the Revised Code. Upon the repeal of a school 13615
district income tax under this section, the board of education may 13616
resume levying a property tax, the rate of which has been reduced 13617
pursuant to a question approved under section 5748.02 of the 13618
Revised Code, at the rate the board originally was authorized to 13619
levy the tax. A reduction in the rate of a property tax under 13620
section 5748.02 of the Revised Code is a reduction in the rate at 13621
which a board of education may levy that tax only for the period 13622
during which a school district income tax is levied prior to any 13623
repeal pursuant to this section. The resumption of the authority 13624
to levy the tax upon such a repeal does not constitute a tax 13625
levied in excess of the one per cent limitation prescribed by 13626
Section 2 of Article XII, Ohio Constitution, or in excess of the 13627
ten-mill limitation. 13628

       (E) This section does not apply to school district income tax 13629
levies that are levied for five or fewer years. 13630

       Sec. 5748.08. (A) The board of education of a city, local, 13631
or exempted village school district, at any time by a vote of 13632
two-thirds of all its members, may declare by resolution that it 13633
may be necessary for the school district to do all of the 13634
following: 13635

       (1) Raise a specified amount of money for school district 13636
purposes by levying an annual tax on school district income; 13637

       (2) Issue general obligation bonds for permanent 13638
improvements, stating in the resolution the necessity and purpose 13639
of the bond issue and the amount, approximate date, estimated rate 13640
of interest, and maximum number of years over which the principal 13641
of the bonds may be paid; 13642

       (3) Levy a tax outside the ten-mill limitation to pay debt 13643
charges on the bonds and any anticipatory securities; 13644

       (4) Submit the question of the school district income tax and 13645
bond issue to the electors of the district at a special election. 13646

       The resolution shall specify whether the income that is to be 13647
subject to the tax is taxable income of individuals and estates as 13648
defined in divisions (E)(1)(a) and (2) of section 5748.01 of the 13649
Revised Code or taxable income of individuals as defined in 13650
division (E)(1)(b) of that section. 13651

       On adoption of the resolution, the board shall certify a copy 13652
of it to the tax commissioner and the county auditor no later than 13653
ninety days prior to the date of the special election at which the 13654
board intends to propose the income tax and bond issue. Not later 13655
than ten days of receipt of the resolution, the tax commissioner, 13656
in the same manner as required by division (A) of section 5748.02 13657
of the Revised Code, shall estimate the rates designated in 13658
~~division~~divisions (A)(1) and (2) of that section and certify them 13659
to the board. Not later than ten days of receipt of the 13660
resolution, the county auditor shall estimate and certify to the 13661
board the average annual property tax rate required throughout the 13662
stated maturity of the bonds to pay debt charges on the bonds, in 13663
the same manner as under division (C) of section 133.18 of the 13664
Revised Code. 13665

       (B) On receipt of the tax commissioner's and county auditor's 13666
certifications prepared under division (A) of this section, the 13667
board of education of the city, local, or exempted village school 13668
district, by a vote of two-thirds of all its members, may adopt a 13669
resolution proposing for a specified number of years or for a 13670
continuing period of time the levy of an annual tax for school 13671
district purposes on school district income and declaring that the 13672
amount of taxes that can be raised within the ten-mill limitation 13673
will be insufficient to provide an adequate amount for the present 13674
and future requirements of the school district; that it is 13675
necessary to issue general obligation bonds of the school district 13676
for specified permanent improvements and to levy an additional tax 13677
in excess of the ten-mill limitation to pay the debt charges on 13678
the bonds and any anticipatory securities; and that the question 13679
of the bonds and taxes shall be submitted to the electors of the 13680
school district at a special election, which shall not be earlier 13681
than seventy-five days after certification of the resolution to 13682
the board of elections, and the date of which shall be consistent 13683
with section 3501.01 of the Revised Code. The resolution shall 13684
specify all of the following: 13685

       (1) The purpose for which the school district income tax is 13686
to be imposed and the rate of the tax, which shall be the rate set 13687
forth in the tax commissioner's certification rounded to the 13688
nearest one-fourth of one per cent; 13689

       (2) Whether the income that is to be subject to the tax is 13690
taxable income of individuals and estates as defined in divisions 13691
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or 13692
taxable income of individuals as defined in division (E)(1)(b) of 13693
that section. The specification shall be the same as the 13694
specification in the resolution adopted and certified under 13695
division (A) of this section. 13696

       (3) The number of years the tax will be levied, or that it 13697
will be levied for a continuing period of time; 13698

       (4) The date on which the tax shall take effect, which shall 13699
be the first day of January of any year following the year in 13700
which the question is submitted; 13701

       (5) The county auditor's estimate of the average annual 13702
property tax rate required throughout the stated maturity of the 13703
bonds to pay debt charges on the bonds. 13704

       (C) A resolution adopted under division (B) of this section 13705
shall go into immediate effect upon its passage, and no 13706
publication of the resolution shall be necessary other than that 13707
provided for in the notice of election. Immediately after its 13708
adoption and at least seventy-five days prior to the election at 13709
which the question will appear on the ballot, the board of 13710
education shall certify a copy of the resolution, along with 13711
copies of the auditor's estimate and its resolution under division 13712
(A) of this section, to the board of elections of the proper 13713
county. The board of education shall make the arrangements for the 13714
submission of the question to the electors of the school district, 13715
and the election shall be conducted, canvassed, and certified in 13716
the same manner as regular elections in the district for the 13717
election of county officers. 13718

       The resolution shall be put before the electors as one ballot 13719
question, with a majority vote indicating approval of the school 13720
district income tax, the bond issue, and the levy to pay debt 13721
charges on the bonds and any anticipatory securities. The board of 13722
elections shall publish the notice of the election in one or more 13723
newspapers of general circulation in the school district ~~once a~~ 13724
twice during the week ~~for four consecutive weeks~~prior to the 13725
election and shall post notice of the election on its web site, 13726
or, if the board does not operate and maintain its own web site, 13727
on the web site it operates and maintains on free internet space 13728
under section 3501.24 of the Revised Code, for thirty days prior 13729
to the election. The notice of election shall state all of the 13730
following: 13731

       (1) The questions to be submitted to the electors; 13732

       (2) The rate of the school district income tax; 13733

       (3) The principal amount of the proposed bond issue; 13734

       (4) The permanent improvements for which the bonds are to be 13735
issued; 13736

       (5) The maximum number of years over which the principal of 13737
the bonds may be paid; 13738

       (6) The estimated additional average annual property tax rate 13739
to pay the debt charges on the bonds, as certified by the county 13740
auditor; 13741

       (7) The time and place of the special election. 13742

       (D) The form of the ballot on a question submitted to the 13743
electors under this section shall be as follows: 13744

       "Shall the ........ school district be authorized to do both 13745
of the following: 13746

       (1) Impose an annual income tax of ...... (state the proposed 13747
rate of tax) on the school district income of individuals and of 13748
estates, for ........ (state the number of years the tax would be 13749
levied, or that it would be levied for a continuing period of 13750
time), beginning ........ (state the date the tax would first take 13751
effect), for the purpose of ........ (state the purpose of the 13752
tax)? 13753

       (2) Issue bonds for the purpose of ....... in the principal 13754
amount of $......, to be repaid annually over a maximum period of 13755
....... years, and levy a property tax outside the ten-mill 13756
limitation estimated by the county auditor to average over the 13757
bond repayment period ....... mills for each one dollar of tax 13758
valuation, which amounts to ....... (rate expressed in cents or 13759
dollars and cents, such as "36 cents" or "$1.41") for each $100 of 13760
tax valuation, to pay the annual debt charges on the bonds, and to 13761
pay debt charges on any notes issued in anticipation of those 13762
bonds? 13763

         13764

FOR THE INCOME TAX AND BOND ISSUE 13765
AGAINST THE INCOME TAX AND BOND ISSUE " 13766

         13767

       (E) If the question submitted to electors proposes a school 13768
district income tax only on the taxable income of individuals as 13769
defined in division (E)(1)(b) of section 5748.01 of the Revised 13770
Code, the form of the ballot shall be modified by stating that the 13771
tax is to be levied on the "earned income of individuals residing 13772
in the school district" in lieu of the "school district income of 13773
individuals and of estates." 13774

       (F) The board of elections promptly shall certify the results 13775
of the election to the tax commissioner and the county auditor of 13776
the county in which the school district is located. If a majority 13777
of the electors voting on the question vote in favor of it, the 13778
income tax and the applicable provisions of Chapter 5747. of the 13779
Revised Code shall take effect on the date specified in the 13780
resolution, and the board of education may proceed with issuance 13781
of the bonds and with the levy and collection of the property 13782
taxes to pay debt charges on the bonds, at the additional rate or 13783
any lesser rate in excess of the ten-mill limitation. Any 13784
securities issued by the board of education under this section are 13785
Chapter 133. securities, as that term is defined in section 133.01 13786
of the Revised Code. 13787

       (G) After approval of a question under this section, the 13788
board of education may anticipate a fraction of the proceeds of 13789
the school district income tax in accordance with section 5748.05 13790
of the Revised Code. Any anticipation notes under this division 13791
shall be issued as provided in section 133.24 of the Revised Code, 13792
shall have principal payments during each year after the year of 13793
their issuance over a period not to exceed five years, and may 13794
have a principal payment in the year of their issuance. 13795

       (H) The question of repeal of a school district income tax 13796
levied for more than five years may be initiated and submitted in 13797
accordance with section 5748.04 of the Revised Code. 13798

       (I) No board of education shall submit a question under this 13799
section to the electors of the school district more than twice in 13800
any calendar year. If a board submits the question twice in any 13801
calendar year, one of the elections on the question shall be held 13802
on the date of the general election. 13803

       Sec. 6119.18. The board of trustees of a regional water and 13804
sewer district, by a vote of two-thirds of all its members, may 13805
declare by resolution that it is necessary to levy a tax in excess 13806
of the ten-mill limitation for the purpose of providing funds to 13807
pay current expenses of the district or for the purpose of paying 13808
any portion of the cost of one or more water resource projects or 13809
parts thereof or for both of such purposes, and that the question 13810
of such tax levy shall be submitted to the electors of the 13811
district at a general or primary election. Such resolution shall 13812
conform to the requirements of section 5705.19 of the Revised 13813
Code, except as otherwise permitted by this section and except 13814
that such levy may be for a period not longer than ten years. The 13815
resolution shall go into immediate effect upon its passage and no 13816
publication of the resolution is necessary other than that 13817
provided for in the notice of election. A copy of such resolution 13818
shall, immediately after its passage, be certified to the board of 13819
elections of the proper county or counties in the manner provided 13820
by section 5705.25 of the Revised Code, and such section shall 13821
govern the arrangements for the submission of such question and 13822
other matters with respect to such election to which such section 13823
refers. Publication of the notice of ~~such~~that election shall be 13824
made in one or more newspapers having a general circulation in the 13825
district ~~once a~~twice during the week ~~for four consecutive weeks~~ 13826
prior to the election, and the board of elections shall post 13827
notice of the election on its web site, or, if the board does not 13828
operate and maintain its own web site, on the web site it operates 13829
and maintains on free internet space under section 3501.24 of the 13830
Revised Code, for thirty days prior to the election. 13831

       If a majority of the electors voting on the question vote in 13832
favor thereof, the board may make the necessary levy within the 13833
district at the additional rate or at any lesser rate on the tax 13834
list and duplicate for the purpose or purposes stated in the 13835
resolution. 13836

       The taxes realized from such levy shall be collected at the 13837
same time and in the same manner as other taxes on such tax list 13838
and duplicate and such taxes, when collected, shall be paid to the 13839
district and deposited by it in a special fund which shall be 13840
established by the district for all revenues derived from such 13841
levy and for the proceeds of anticipation notes which shall be 13842
deposited in such fund. 13843

       After the approval of such levy, the district may anticipate 13844
a fraction of the proceeds of such levy and, from time to time, 13845
during the life of such levy, issue anticipation notes in an 13846
amount not exceeding fifty per cent of the estimated proceeds of 13847
such levy to be collected in each year up to a period of five 13848
years after the date of issuance of such notes, less an amount 13849
equal to the proceeds of such levy previously obligated for each 13850
year by the issuance of anticipation notes, provided that the 13851
total amount maturing in any one year shall not exceed fifty per 13852
cent of the anticipated proceeds of such levy for that year. Each 13853
issue of notes shall be sold as provided in Chapter 133. of the 13854
Revised Code, and shall, except for such limitation that the total 13855
amount of such notes maturing in any one year shall not exceed 13856
fifty per cent of the anticipated proceeds of such levy for that 13857
year, mature serially in substantially equal installments during 13858
each year over a period not to exceed five years after their 13859
issuance. 13860

       Section 2. That existing sections 131.23, 145.38, 303.12, 13861
306.70, 307.791, 322.021, 324.021, 503.162, 504.02, 504.03, 13862
511.28, 511.34, 513.14, 519.12, 745.07, 747.11, 1901.07, 1901.10, 13863
1901.31, 2961.01, 2967.17, 3311.21, 3311.50, 3311.73, 3349.29, 13864
3354.12, 3355.09, 3375.03, 3501.01, 3501.05, 3501.10, 3501.11, 13865
3501.13, 3501.26, 3501.30, 3501.33, 3501.35, 3501.38, 3501.39, 13866
3503.06, 3503.11, 3503.13, 3503.14, 3503.16, 3503.19, 3503.21, 13867
3503.23, 3503.24, 3505.062, 3505.063, 3505.16, 3505.18, 3505.19, 13868
3505.20, 3505.21, 3505.22, 3505.25, 3505.26, 3505.27, 3505.32, 13869
3506.01, 3506.05, 3506.12, 3506.13, 3506.18, 3509.02, 3509.06, 13870
3509.08, 3509.09, 3511.13, 3513.04, 3513.041, 3513.05, 3513.052, 13871
3513.07, 3513.09, 3513.19, 3513.20, 3513.22, 3513.257, 3513.259, 13872
3513.261, 3513.30, 3515.03, 3515.04, 3515.07, 3515.08, 3515.13, 13873
3517.01, 3517.081, 3517.092, 3517.10, 3517.106, 3517.1011, 13874
3517.12, 3517.13, 3517.153, 3517.992, 3519.01, 3519.03, 3519.04, 13875
3519.05, 3523.05, 3599.11, 3599.111, 3599.13, 3599.14, 3599.21, 13876
3599.24, 3599.38, 4301.33, 4301.331, 4301.332, 4301.333, 4301.334, 13877
4305.14, 4504.021, 5705.191, 5705.194, 5705.196, 5705.21, 13878
5705.218, 5705.25, 5705.251, 5705.261, 5705.71, 5739.022, 5748.02, 13879
5748.04, 5748.08, and 6119.18 and section 3503.27 of the Revised 13880
Code are hereby repealed. 13881

       Section 3. The General Assembly, applying the principle 13882
stated in division (B) of section 1.52 of the Revised Code that 13883
amendments are to be harmonized if reasonably capable of 13884
simultaneous operation, finds that the following sections, 13885
presented in this act as composites of the sections as amended by 13886
the acts indicated, are the resulting versions of the sections in 13887
effect prior to the effective date of the sections as presented in 13888
this act: 13889

       Section 3517.10 of the Revised Code as amended by both Sub. 13890
S.B. 107 and Am. Sub. S.B. 115 of the 126th General Assembly. 13891

       Section 4. It is the intention of the General Assembly, in 13892
enacting section 3501.052 of the Revised Code in this act, to 13893
recognize that the Secretary of State's involvement with campaigns 13894
committees, committees named in initiative and referendum 13895
petitions, and persons making disbursements for the direct costs 13896
of producing or airing electioneering communications affects the 13897
Campaign Finance Law, since the Secretary of State makes decisions 13898
regarding compliance with, and alleged violations of, the Campaign 13899
Finance Law by campaign committees, committees named in initiative 13900
and referendum petitions, and persons making disbursements for the 13901
direct costs of producing or airing electioneering communications. 13902

       Section 5. The amendments made to division (B)(8) of section 13903
3517.01 and sections 3505.062, 3519.01, 3519.04, and 3519.05 by 13904
this act and the enactment of section 3519.07 of the Revised Code 13905
by this act do not affect any initiative or referendum petition 13906
already filed with the Attorney General's office pursuant to 13907
section 3519.01 of the Revised Code on the effective date of this 13908
act. 13909

       Section 6. If any item of law that constitutes the whole or 13910
part of a codified section of law contained in this act, or if any 13911
application of any item of law that constitutes the whole or part 13912
of a codified section of law contained in this act, is held 13913
invalid, the invalidity does not affect other items of law or 13914
applications of items of law that can be given effect without the 13915
invalid item of law or application. To this end, the items of law 13916
of which the codified sections contained in this act are composed, 13917
and their applications, are independent and severable. 13918

Section 1. That sections 131.23, 145.38, 303.12, 306.70,	34
307.791, 322.021, 324.021, 503.162, 504.02, 504.03, 511.28,	35
511.34, 513.14, 519.12, 745.07, 747.11, 1901.07, 1901.10, 1901.31,	36
2961.01, 2967.17, 3311.21, 3311.50, 3311.73, 3349.29, 3354.12,	37
3355.09, 3375.03, 3501.01, 3501.05, 3501.10, 3501.11, 3501.13,	38
3501.26, 3501.30, 3501.33, 3501.35, 3501.38, 3501.39, 3503.06,	39
3503.11, 3503.13, 3503.14, 3503.16, 3503.19, 3503.21, 3503.23,	40
3503.24, 3505.062, 3505.063, 3505.16, 3505.18, 3505.19, 3505.20,	41
3505.21, 3505.22, 3505.25, 3505.26, 3505.27, 3505.32, 3506.01,	42
3506.05, 3506.12, 3506.13, 3506.18, 3509.02, 3509.06, 3509.08,	43
3509.09, 3511.13, 3513.04, 3513.041, 3513.05, 3513.052, 3513.07,	44
3513.09, 3513.19, 3513.20, 3513.22, 3513.257, 3513.259, 3513.261,	45
3513.30, 3515.03, 3515.04, 3515.07, 3515.08, 3515.13, 3517.01,	46
3517.081, 3517.092, 3517.10, 3517.106, 3517.1011, 3517.12,	47
3517.13, 3517.153, 3517.992, 3519.01, 3519.03, 3519.04, 3519.05,	48
3523.05, 3599.11, 3599.111, 3599.13, 3599.14, 3599.21, 3599.24,	49
3599.38, 4301.33, 4301.331, 4301.332, 4301.333, 4301.334, 4305.14,	50
4504.021, 5705.191, 5705.194, 5705.196, 5705.21, 5705.218,	51
5705.25, 5705.251, 5705.261, 5705.71, 5739.022, 5748.02, 5748.04,	52
5748.08, and 6119.18 be amended and sections 109.95, 3501.052,	53
3501.19, 3501.24, 3501.382, 3501.90, 3503.15, 3503.28, 3503.29,	54
3505.181, 3505.182, 3505.183, 3506.20, 3506.21, 3506.22, 3506.23,	55
3515.041, 3515.072, 3519.051, and 3519.07 of the Revised Code be	56
enacted to read as follows:	57

Sec. 109.95. Notwithstanding any provision of the Revised	58
Code to the contrary pertaining to prosecutorial authority, the	59
attorney general may initiate criminal proceedings for election	60
fraud under section 3599.42 of the Revised Code which results from	61
a violation of any provision of Title XXXV of the Revised Code,	62
other than Chapter 3517. of the Revised Code, involving voting, an	63
initiative or referendum petition process, or the conducting of an	64
election, by presenting evidence of criminal violations in	65
question to the prosecuting attorney of any county in which the	66
violations may be prosecuted. If the prosecuting attorney does not	67
prosecute the violations within a reasonable time or requests the	68
attorney general to do so, the attorney general may proceed with	69
the prosecution of the violations with all of the rights,	70
privileges, and powers conferred by law on a prosecuting attorney,	71
including, but not limited to, the power to appear before a grand	72
jury and to interrogate witnesses before a grand jury.	73

If the attorney general presents evidence to the prosecuting	74
attorney in accordance with this section within two weeks prior to	75
an election, the prosecuting attorney shall decide whether to	76
prosecute or request the attorney general to do so within	77
forty-eight hours after the attorney general presents the	78
evidence. If the prosecuting attorney does not so decide within	79
forty-eight hours, the attorney general may initiate criminal	80
proceedings in accordance with this section.	81

Sec. 131.23. The various political subdivisions of this	82
state may issue bonds, and any indebtedness created by ~~such~~that	83
issuance shall not be subject to the limitations or included in	84
the calculation of indebtedness prescribed by sections 133.05,	85
133.06, 133.07, and 133.09 of the Revised Code, but ~~such~~the bonds	86
may be issued only under the following conditions:	87

(A) The subdivision desiring to issue ~~such~~the bonds shall	88
obtain from the county auditor a certificate showing the total	89
amount of delinquent taxes due and unpayable to ~~such~~the	90
subdivision at the last semiannual tax settlement.	91

(B) The fiscal officer of that subdivision shall prepare a	92
statement, from the books of the subdivision, verified by the	93
fiscal officer under oath, which shall contain the following facts	94
of ~~such~~the subdivision:	95

(2) The aggregate amount of notes payable or outstanding	97
accounts of the subdivision, incurred prior to the commencement of	98
the current fiscal year, which shall include all evidences of	99
indebtedness issued by the subdivision except notes issued in	100
anticipation of bond issues and the indebtedness of any	101
nontax-supported public utility;	102

(3) Except in the case of school districts, the aggregate	103
current year's requirement for disability financial assistance and	104
disability medical assistance provided under Chapter 5115. of the	105
Revised Code that the subdivision is unable to finance except by	106
the issue of bonds;	107

(4) The indebtedness outstanding through the issuance of any	108
bonds or notes pledged or obligated to be paid by any delinquent	109
taxes;	110

(6) The net amount of delinquent taxes unpledged to pay any	112
bonds, notes, or certificates, including delinquent assessments on	113
improvements on which the bonds have been paid;	114

(7) The budget requirements for the fiscal year for bond and	115
note retirement;	116

(C) The certificate and statement provided for in divisions	118
(A) and (B) of this section shall be forwarded to the tax	119
commissioner together with a request for authority to issue bonds	120
of ~~such~~the subdivision in an amount not to exceed seventy per	121
cent of the net unobligated delinquent taxes and assessments due	122
and owing to ~~such~~the subdivision, as set forth in division (B)(6)	123
of this section.	124

(D) No subdivision may issue bonds under this section in	125
excess of a sufficient amount to pay the indebtedness of the	126
subdivision as shown by division (B)(2) of this section and,	127
except in the case of school districts, to provide funds for	128
disability financial assistance and disability medical assistance,	129
as shown by division (B)(3) of this section.	130

(E) The tax commissioner shall grant to ~~such~~the subdivision	131
authority requested by ~~such~~the subdivision as restricted by	132
divisions (C) and (D) of this section and shall make a record of	133
the certificate, statement, and grant in a record book devoted	134
solely to such recording and which shall be open to inspection by	135
the public.	136

(F) The commissioner shall immediately upon issuing the	137
authority provided in division (E) of this section notify the	138
proper authority having charge of the retirement of bonds of ~~such~~	139
the subdivision by forwarding a copy of ~~such~~the grant of	140
authority and of the statement provided for in division (B) of	141
this section.	142

(G) Upon receipt of authority, the subdivision shall proceed	143
according to law to issue the amount of bonds authorized by the	144
commissioner, and authorized by the taxing authority, provided the	145
taxing authority of that subdivision may submit, by resolution	146
~~submit~~, to the electors of that subdivision the question of	147
issuing ~~such~~the bonds. ~~Such~~The resolution shall make the	148
declarations and statements required by section 133.18 of the	149
Revised Code. The county auditor and taxing authority shall	150
thereupon proceed as set forth in divisions (C) and (D) of ~~such~~	151
that section. The election on the question of issuing ~~such~~the	152
bonds shall be held under divisions (E), (F), and (G) of ~~such~~that	153
section, except that publication of the notice of ~~such~~the	154
election shall be made on ~~four~~two separate days prior to ~~such~~the	155
election in one or more newspapers of general circulation in the	156
~~subdivisions~~subdivision. ~~Such~~The bonds may be exchanged at their	157
face value with creditors of the subdivision in liquidating the	158
indebtedness described and enumerated in division (B)(2) of this	159
section or may be sold as provided in Chapter 133. of the Revised	160
Code, and in either event shall be uncontestable.	161

(H) The per cent of delinquent taxes and assessments	162
collected for and to the credit of the subdivision after the	163
exchange or sale of bonds as certified by the commissioner shall	164
be paid to the authority having charge of the sinking fund of the	165
subdivision, which money shall be placed in a separate fund for	166
the purpose of retiring the bonds so issued. The proper authority	167
of the subdivisions shall provide for the levying of a tax	168
sufficient in amount to pay the debt charges on all such bonds	169
issued under this section.	170

(I) This section is for the sole purpose of assisting the	171
various subdivisions in paying their unsecured indebtedness, and	172
providing funds for disability financial assistance and disability	173
medical assistance. The bonds issued under authority of this	174
section shall not be used for any other purpose, and any exchange	175
for other purposes, or the use of the money derived from the sale	176
of ~~such~~the bonds by the subdivision for any other purpose, is	177
misapplication of funds.	178

(J) The bonds authorized by this section shall be redeemable	179
or payable in not to exceed ten years from date of issue and shall	180
not be subject to or considered in calculating the net	181
indebtedness of the subdivision. The budget commission of the	182
county in which the subdivision is located shall annually allocate	183
such portion of the then delinquent levy due ~~such~~the subdivision	184
which is unpledged for other purposes to the payment of debt	185
charges on the bonds issued under authority of this section.	186

(K) The issue of bonds under this section shall be governed	187
by Chapter 133. of the Revised Code, respecting the terms used,	188
forms, manner of sale, and redemption except as otherwise provided	189
in this section.	190

The board of county commissioners of any county may issue	191
bonds authorized by this section and distribute the proceeds of	192
~~such~~the bond issues to any or all of the cities and townships of	193
~~such counties~~the county, according to their relative needs for	194
disability financial assistance and disability medical assistance	195
as determined by ~~such~~the county.	196

All sections of the Revised Code inconsistent with or	197
prohibiting the exercise of the authority conferred by this	198
section are inoperative respecting bonds issued under this	199
section.	200

Sec. 145.38. (A) As used in this section and sections	201
145.381 and 145.384 of the Revised Code:	202

(1) "PERS retirant" means a former member of the public	203
employees retirement system who is receiving one of the following:	204

(a) Age and service retirement benefits under section 145.32,	205
145.33, 145.331, 145.34, or 145.46 of the Revised Code;	206

(b) Age and service retirement benefits paid by the public	207
employees retirement system under section 145.37 of the Revised	208
Code;	209

(a) A member or former member of the Ohio police and fire	212
pension fund, state teachers retirement system, school employees	213
retirement system, state highway patrol retirement system, or	214
Cincinnati retirement system who is receiving age and service or	215
commuted age and service retirement benefits or a disability	216
benefit from a system of which the person is a member or former	217
member;	218

(b) A member or former member of the public employees	219
retirement system who is receiving age and service retirement	220
benefits or a disability benefit under section 145.37 of the	221
Revised Code paid by the school employees retirement system or the	222
state teachers retirement system.	223

(B)(1) Subject to this section and section 145.381 of the	224
Revised Code, a PERS retirant or other system retirant may be	225
employed by a public employer. If so employed, the PERS retirant	226
or other system retirant shall contribute to the public employees	227
retirement system in accordance with section 145.47 of the Revised	228
Code, and the employer shall make contributions in accordance with	229
section 145.48 of the Revised Code.	230

(2) A public employer that employs a PERS retirant or other	231
system retirant, or enters into a contract for services as an	232
independent contractor with a PERS retirant, shall notify the	233
retirement board of the employment or contract not later than the	234
end of the month in which the employment or contract commences.	235
Any overpayment of benefits to a PERS retirant by the retirement	236
system resulting from delay or failure of the employer to give the	237
notice shall be repaid to the retirement system by the employer.	238