As Introduced

126th General Assembly
Regular Session
2005-2006
S. B. No. 115


Senator Jacobson 



A BILL
To amend sections 3501.38, 3503.06, 3503.14, 3513.07, 1
and 3513.261 and to enact sections 3501.381 and 2
3599.111 of the Revised Code to cure omissions in 3
and otherwise clarify the law regarding 4
circulation of election petitions.5


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

       Section 1. That sections 3501.38, 3503.06, 3503.14, 3513.07, 6
and 3513.261 be amended and that sections 3501.381 and 3599.111 of 7
the Revised Code be enacted to read as follows:8

       Sec. 3501.38.  All declarations of candidacy, nominating9
petitions, or other petitions presented to or filed with the10
secretary of state or a board of elections or with any other11
public office for the purpose of becoming a candidate for any12
nomination or office or for the holding of an election on any13
issue shall, in addition to meeting the other specific14
requirements prescribed in the sections of the Revised Code15
relating to them, be governed by the following rules:16

       (A) Only electors qualified to vote on the candidacy or issue 17
which is the subject of the petition shall sign a petition. Each 18
signer shall be a registered elector pursuant to section 3503.11 19
of the Revised Code. The facts of qualification shall be20
determined as of the date when the petition is filed.21

       (B) Signatures shall be affixed in ink. Each signer may also 22
print the signer's name, so as to clearly identify the signer's 23
signature.24

       (C) Each signer shall place on the petition after the25
signer's name the date of signing and the location of the signer's 26
voting residence, including the street and number if in a27
municipal corporation or the rural route number, post office28
address, or township if outside a municipal corporation. The29
voting address given on the petition shall be the address30
appearing in the registration records at the board of elections.31

       (D) No person shall write any name other than the person's32
own on any petition. No person may authorize another to sign for 33
the person. WhereIf a petition contains the signature of an 34
elector two or more times, only the first signature shall be 35
counted.36

       (E)(1) On each petition paper, the circulator shall indicate37
the number of signatures contained on it, and shall sign a38
statement made under penalty of election falsification that the39
circulator witnessed the affixing of every signature, that all40
signers were to the best of the circulator's knowledge and belief41
qualified to sign, and that every signature is to the best of the42
circulator's knowledge and belief the signature of the person43
whose signature it purports to be. On the circulator's statement 44
for a declaration of candidacy, nominating petition, or 45
declaration of intent to be a write-in candidate for a person 46
seeking to become a statewide candidate or for a statewide 47
initiative or a statewide referendum petition, the circulator 48
shall identify the name and address of the person employing the 49
circulator to circulate the petition, if any.50

       (2) As used in division (E) of this section, "statewide 51
candidate" means the joint candidates for the offices of governor 52
and lieutenant governor or a candidate for the office of secretary 53
of state, auditor of state, treasurer of state, or attorney 54
general.55

       (F) If a circulator knowingly permits an unqualified person56
to sign a petition paper or permits a person to write a name other57
than the person's own on a petition paper, that petition paper is58
invalid; otherwise, the signature of a person not qualified to59
sign shall be rejected but shall not invalidate the other valid60
signatures on the paper.61

       (G) The circulator of a petition may, before filing it in a62
public office, strike from it any signature the circulator does63
not wish to present as a part of the petition.64

       (H) Any signer of a petition may remove the signer's65
signature from that petition at any time before the petition is66
filed in a public office by striking the signer's name from the67
petition; no signature may be removed after the petition is filed68
in any public office.69

       (I)(1) No alterations, corrections, or additions may be made70
to a petition after it is filed in a public office.71

       (2) No petition may be withdrawn after it is filed in a72
public office. Nothing in this division prohibits a person from73
withdrawing as a candidate as otherwise provided by law.74

       (J)(1) All declarations of candidacy, nominating petitions,75
or other petitions under this section shall be accompanied by the76
following statement in boldface capital letters: WHOEVER COMMITS77
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.78

       (2) All declarations of candidacy, nominating petitions, or 79
other petitions under this section shall be accompanied by the 80
following statement in boldface capital letters: THE CIRCULATOR OF 81
THIS PETITION IS PROHIBITED BY LAW FROM RECEIVING COMPENSATION ON 82
A FEE PER SIGNATURE OR FEE PER VOLUME BASIS.83

       (K) All separate petition papers shall be filed at the same84
time, as one instrument.85

       (L) If a board of elections distributes for use a petition 86
form for a declaration of candidacy, nominating petition, 87
declaration of intent to be a write-in candidate, or any type of 88
question or issue petition that does not satisfy the requirements 89
of law as of the date of that distribution, the board shall not 90
invalidate the petition on the basis that the petition form does 91
not satisfy the requirements of law, if the petition otherwise is 92
valid. Division (L) of this section applies only if the candidate 93
received the petition from the board within ninety days of when 94
the petition is required to be filed.95

       Sec. 3501.381. (A)(1) Any person who will receive 96
compensation for supervising, managing, or otherwise organizing 97
any effort to obtain signatures for a declaration of candidacy, 98
nominating petition, or declaration of intent to be a write-in 99
candidate for a person seeking to become a statewide candidate or 100
for a statewide initiative petition or a statewide referendum 101
petition shall file a statement to that effect with the office of 102
the secretary of state before any signatures are obtained for the 103
petition or before the person is engaged to supervise, manage, or 104
otherwise organize the effort to obtain signatures for the 105
petition, whichever is later.106

       (2) Any person who will compensate a person for supervising, 107
managing, or otherwise organizing any effort to obtain signatures 108
for a declaration of candidacy, nominating petition, or 109
declaration of intent to be a write-in candidate for a person 110
seeking to become a statewide candidate or for a statewide 111
initiative or a statewide referendum petition shall file a 112
statement to that effect with the office of the secretary of state 113
before any signatures are obtained for the petition or before the 114
person engages a person to supervise, manage, or otherwise 115
organize the effort to obtain signatures for the petition, 116
whichever is later.117

       (B) The secretary of state shall prescribe the form and 118
content of the statements required under division (A) of this 119
section. The form shall include a notice that no person shall be 120
compensated on a fee per signature or fee per volume basis.121

       (C) Whoever violates division (A) of this section is guilty 122
of a misdemeanor of the first degree, and the petition for which a 123
person was paid compensation shall be deemed invalid.124

       (D) As used in this section, "statewide candidate" means the 125
joint candidates for the offices of governor and lieutenant 126
governor or a candidate for the office of secretary of state, 127
auditor of state, treasurer of state, or attorney general.128

       Sec. 3503.06. (A) No person shall be entitled to vote at any 129
election, or to sign or circulate any declaration of candidacy or 130
any nominating, initiative, referendum, or recall petition, unless 131
the person is registered as an elector and will have resided in 132
the county and precinct where the person is registered for at 133
least thirty days at the time of the next election.134

       (B) No person shall be entitled to circulate any declaration 135
of candidacy or any nominating or recall petition unless the 136
person is registered as an elector and will have resided in the 137
county and precinct where the person is registered for at least 138
thirty days at the time of the next election.139

        (C) No person shall be entitled to circulate any initiative 140
or referendum petition unless the person has been a resident of 141
this state for at least thirty days before the person circulates 142
the petition.143

       Sec. 3503.14. (A) The secretary of state shall prescribe the144
form and content of the registration and change of residence and145
change of name form used in this state. The form shall set forth146
the eligibility requirements needed to qualify as an elector and147
meet the requirements of the National Voter Registration Act of148
1993. The form shall include a space on which the person 149
registering an applicant shall sign the person's name and a space 150
on which the person registering an applicant shall name the 151
employer who is employing that person to register the applicant. 152
The form also shall include a notice that no person shall be 153
compensated on a fee per registration or fee per volume basis for 154
registering an applicant. No election official or employee of a 155
designated agency who is registering an applicant shall be 156
required to sign the election official's or employee's name or to 157
name the employer who is employing the election official or 158
employee to register an applicant on a form prepared under this 159
section.160

       (B) Any applicant who is unable to sign histhe applicant's 161
own name shall make an "X," if possible, which shall be certified 162
by the signing of the name of the applicant by the person filling 163
out the registration form, who shall add histhe person's own 164
signature. If an applicant is unable to make an "X," hethe 165
applicant shall indicate in some manner that hethe applicant166
desires to register to vote or to change histhe applicant's name 167
or residence. The person registering such anthe applicant shall 168
sign the form and attest that the applicant indicated that hethe 169
applicant desired to register to vote or to change histhe 170
applicant's name or residence.171

       (C) No registration and change of residence and change of 172
name form shall be rejected solely on the basis that a person 173
registering an applicant failed to sign the person's name or 174
failed to name the employer who is employing that person to 175
register the applicant as required under division (A) of this 176
section.177

       (D) As used in this section, "registering an applicant" 178
includes any effort, for compensation, to provide voter 179
registration forms or to assist persons in completing those forms 180
or returning them to the board of elections, the office of the 181
secretary of state, or other appropriate public office.182

       Sec. 3513.07.  The form of declaration of candidacy and183
petition of a person desiring to be a candidate for a party184
nomination or a candidate for election to an office or position to185
be voted for at a primary election shall be substantially as186
follows:187

"DECLARATION OF CANDIDACY PARTY PRIMARY ELECTION
188

       I, ........................... (Name of Candidate), the189
undersigned, hereby declare under penalty of election190
falsification that my voting residence is in ...............191
precinct of the ............................. (Township) or (Ward192
and City or Village) in the county of ................, Ohio; that193
my voting residence is ............... (Street and Number, if any,194
or Rural Route and Number) of the .............................195
(City or Village) of ................., Ohio; and that I am a196
qualified elector in the precinct in which my voting residence is197
located. I am a member of the ........ Party. I hereby declare198
that I desire to be .................... (a candidate for199
nomination as a candidate of the Party for election to the office200
of .............) (a candidate for election to the office or201
position of ..............) for the ............ in the state,202
district, (Full term or unexpired term ending ...............)203
county, city, or village of ..................., at the primary204
election to be held on the ............. day of ........., ....,205
and I hereby request that my name be printed upon the official206
primary election ballot of the said .......... Party as a207
candidate for ......... (such nomination) or (such election) as208
provided by law.209

       I further declare that, if elected to said office or210
position, I will qualify therefor, and that I will support and211
abide by the principles enunciated by the ............ Party.212

       Dated this .......... day of ................., .........213

............................. 214
(Signature of candidate) 215

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY216
OF THE FIFTH DEGREE.217

PETITION OF CANDIDATE
218

       We, the undersigned, qualified electors of the state of Ohio,219
whose voting residence is in the county, city, village, ward,220
township, or school district, and precinct set opposite our names,221
and members of the ....................................... Party,222
hereby certify that ............................ (Name of223
candidate) whose declaration of candidacy is filed herewith, is a224
member of the ............ Party, and is, in our opinion, well225
qualified to perform the duties of the office or position to which226
that candidate desires to be elected.227

Street City, 228
and Village or 229
Signature Number Township Ward Precinct County Date 230

(Must use address on file with the board of elections)
231

....................................................................232

....................................................................233

....................................................................234

       ....................................... (Name of circulator235
of petition), declares under penalty of election falsification236
that the circulator of the petition is a qualified elector of the237
state of Ohio and resides at the address appearing below the238
signature of that circulator; that the circulator is a member of239
the ........... Party; that the circulator is the circulator of240
the foregoing petition paper containing ............. (Number)241
signatures; that the circulator will not be compensated on a fee 242
per signature or fee per volume basis; that the circulator 243
witnessed the affixing of every signature; that all signers were 244
to the best of the circulator's knowledge and belief qualified to 245
sign; and that every signature is to the best of the circulator's246
knowledge and belief the signature of the person whose signature247
it purports to be.248

249
(Signature of circulator) 250
251
(Address of circulator) 252
253
(If petition is for a statewide 254
candidate, the name and address 255
of person employing 256
circulator to circulate 257
petition, if any) 258

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY259
OF THE FIFTH DEGREE.260

       THE CIRCULATOR OF THIS PETITION IS PROHIBITED BY LAW FROM 261
RECEIVING COMPENSATION ON A FEE PER SIGNATURE OR FEE PER VOLUME 262
BASIS."263

       The secretary of state shall prescribe a form of declaration264
of candidacy and petition, and the form shall be substantially265
similar to the declaration of candidacy and petition set forth in266
this section, that will be suitable for joint candidates for the267
offices of governor and lieutenant governor.268

       The petition provided for in this section shall be circulated269
only by a member of the same political party as the candidate.270

       Sec. 3513.261.  A nominating petition may consist of one or271
more separate petition papers, each of which shall be272
substantially in the form prescribed in this section. If the273
petition consists of more than one separate petition paper, the274
statement of candidacy of the candidate or joint candidates named275
need be signed by the candidate or joint candidates on only one of276
such separate petition papers, but the statement of candidacy so277
signed shall be copied on each other separate petition paper278
before the signatures of electors are placed on it. Each279
nominating petition containing signatures of electors of more than280
one county shall consist of separate petition papers each of which281
shall contain signatures of electors of only one county; provided282
that petitions containing signatures of electors of more than one283
county shall not thereby be declared invalid. In case petitions284
containing signatures of electors of more than one county are285
filed, the board of elections shall determine the county from286
which the majority of the signatures came, and only signatures287
from this county shall be counted. Signatures from any other288
county shall be invalid.289

       All signatures on nominating petitions shall be written in290
ink or indelible pencil.291

       At the time of filing a nominating petition, the candidate292
designated in the nominating petition, and joint candidates for293
governor and lieutenant governor, shall pay to the election294
officials with whom it is filed the fees specified for the office295
under divisions (A) and (B) of section 3513.10 of the Revised296
Code. The fees shall be disposed of by those election officials in 297
the manner that is provided in section 3513.10 of the Revised Code 298
for the disposition of other fees, and in no case shall a fee299
required under that section be returned to a candidate.300

       Candidates or joint candidates whose names are written on the301
ballot, and who are elected, shall pay the same fees under section302
3513.10 of the Revised Code that candidates who file nominating303
petitions pay. Payment of these fees shall be a condition304
precedent to the granting of their certificates of election.305

       Each nominating petition shall contain a statement of306
candidacy that shall be signed by the candidate or joint307
candidates named in it. Such statement of candidacy shall contain 308
a declaration made under penalty of election falsification that 309
the candidate desires to be a candidate for the office named in 310
it, and that the candidate is an elector qualified to vote for the 311
office the candidate seeks.312

       The form of the nominating petition and statement of313
candidacy shall be substantially as follows:314

"STATEMENT OF CANDIDACY
315

       I, ................................... (Name of candidate),316
the undersigned, hereby declare under penalty of election317
falsification that my voting residence is in ................318
.......... Precinct of the ......................... (Township) or319
(Ward and City, or Village) in the county of ............... Ohio;320
that my post-office address is ............................321
(Street and Number, if any, or Rural Route and Number) of the322
............................... (City, Village, or post office) of323
...................., Ohio; and that I am a qualified elector in324
the precinct in which my voting residence is located. I hereby325
declare that I desire to be a candidate for election to the office326
of .............. in the ........................ (State,327
District, County, City, Village, Township, or School District) for328
the ...................................... (Full term or unexpired329
term ending ................) at the General Election to be held330
on the ........... day of ..............., ....331

       I further declare that I am an elector qualified to vote for332
the office I seek. Dated this ....... day of .............., ....333

334
(Signature of candidate) 335

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY336
OF THE FIFTH DEGREE.337

       I, ................................., hereby constitute the338
persons named below a committee to represent me:339

Name Residence 340
341
342
343
344
345

NOMINATING PETITION
346

       We, the undersigned, qualified electors of the state of Ohio,347
whose voting residence is in the County, City, Village, Ward,348
Township or Precinct set opposite our names, hereby nominate349
.................... as a candidate for election to the office of350
........................... in the ............................351
(State, District, County, City, Village, Township, or School352
District) for the ................. (Full term or unexpired term353
ending ...................) to be voted for at the general354
election next hereafter to be held, and certify that this person355
is, in our opinion, well qualified to perform the duties of the356
office or position to which the person desires to be elected.357



358
Street 359
Address 360
or R.F.D. 361
(Must use 362
address on City, 363
file with Village 364
the board of or Date of 365
Signature elections) Township Ward Precinct County Signing 366
367
368
369
370

..........................., declares under penalty of election371
falsification that such person is a qualified elector of the state372
of Ohio and resides at the address appearing below such person's373
signature hereto; that such person is the circulator of the374
foregoing petition paper containing ................ signatures; 375
that such person as circulator will not be compensated on a fee 376
per signature or fee per volume basis; that such person witnessed 377
the affixing of every signature; that all signers were to the best378
of such person's knowledge and belief qualified to sign; and that 379
every signature is to the best of such person's knowledge and 380
belief the signature of the person whose signature it purports to 381
be.382

383
(Signature of circulator) 384
385
(Address) 386
387
(If petition is for a statewide 388
candidate, the name and address 389
of person employing circulator 390
to circulate petition, if any) 391

       WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY392
OF THE FIFTH DEGREE.393

       THE CIRCULATOR OF THIS PETITION IS PROHIBITED BY LAW FROM 394
RECEIVING COMPENSATION ON A FEE PER SIGNATURE OR FEE PER VOLUME 395
BASIS."396

       The secretary of state shall prescribe a form of nominating397
petition for a group of candidates for the office of member of a398
board of education, township office, and offices of municipal399
corporations of under two thousand population.400

       The secretary of state shall prescribe a form of statement of401
candidacy and nominating petition, which shall be substantially402
similar to the form of statement of candidacy and nominating403
petition set forth in this section, that will be suitable for404
joint candidates for the offices of governor and lieutenant405
governor.406

       If such petition nominates a candidate whose election is to407
be determined by the electors of a county or a district or408
subdivision within the county, it shall be filed with the board of409
such county. If the petition nominates a candidate whose election410
is to be determined by the voters of a subdivision located in more411
than one county, it shall be filed with the board of the county in412
which the major portion of the population of such subdivision is413
located.414

       If the petition nominates a candidate whose election is to be415
determined by the electors of a district comprised of more than416
one county but less than all of the counties of the state, it417
shall be filed with the board of elections of the most populous418
county in such district. If the petition nominates a candidate419
whose election is to be determined by the electors of the state at420
large, it shall be filed with the secretary of state.421

       The secretary of state or a board of elections shall not422
accept for filing a nominating petition of a person seeking to423
become a candidate if that person, for the same election, has424
already filed a declaration of candidacy, a declaration of intent425
to be a write-in candidate, or a nominating petition, or has426
become a candidate through party nomination at a primary election427
or by the filling of a vacancy under section 3513.30 or 3513.31 of428
the Revised Code for any state or county office, if the nominating429
petition is for a state or county office, or for any municipal or430
township office, for member of a city, local, or exempted village431
board of education, or for member of a governing board of an432
educational service center, if the nominating petition is for a433
municipal or township office, or for member of a city, local, or434
exempted village board of education, or for member of a governing435
board of an educational service center.436

       Sec. 3599.111.  (A) As used in this section, "registering a 437
voter" or "registering voters" includes any effort, for 438
compensation, to provide voter registration forms or to assist 439
persons in completing those forms or returning them to the board 440
of elections, the office of the secretary of state, or other 441
appropriate public office.442

       (B) No person shall receive compensation on a fee per 443
signature or fee per volume basis for circulating any declaration 444
of candidacy, nominating petition, declaration of intent to be a 445
write-in candidate, initiative petition, referendum petition, 446
recall petition, or any other election-related petition that is 447
filed with or transmitted to a board of elections, the office of 448
the secretary of state, or other appropriate public office.449

       (C) No person shall receive compensation on a fee per 450
registration or fee per volume basis for registering a voter.451

       (D) Compensation for collecting signatures on 452
election-related petitions and for registering voters shall be 453
paid solely on the basis of time worked.454

       (E)(1) Whoever violates division (B) or (C) of this section 455
is guilty of election falsification under section 3599.36 of the 456
Revised Code.457

       (2) Whoever violates division (D) of this section is guilty 458
of a felony of the fifth degree.459

       Section 2. That existing sections 3501.38, 3503.06, 3503.14, 460
3513.07, and 3513.261 of the Revised Code are hereby repealed.461

       Section 3. The versions of sections 3501.38, 3503.14, 462
3513.07, and 3513.261 of the Revised Code, as amended by this 463
act, and the versions of sections 3501.381 and 3599.111 of the 464
Revised Code, as enacted by this act, prevail over the versions of 465
those sections presented in Am. Sub. H.B. 1 of the Special Session 466
of the 125th General Assembly.467