Sec. 3501.38. All declarations of candidacy, nominating | 9 |
petitions, or other petitions presented to or filed with the | 10 |
secretary of state or a board of elections or with any other | 11 |
public office for the purpose of becoming a candidate for any | 12 |
nomination or office or for the holding of an election on any | 13 |
issue shall, in addition to meeting the other specific | 14 |
requirements prescribed in the sections of the Revised Code | 15 |
relating
to them, be governed by the following rules: | 16 |
(C) Each signer shall place on the petition after
the | 25 |
signer's name the date of signing and the location of
the
signer's | 26 |
voting residence, including the street and number if in a | 27 |
municipal corporation or
the rural route number, post office | 28 |
address, or township if
outside a municipal corporation. The | 29 |
voting address given on the
petition shall be the address | 30 |
appearing in the registration
records at the board of elections. | 31 |
(E)(1) On each petition paper, the circulator shall indicate | 37 |
the number of signatures contained
on it, and shall sign a | 38 |
statement made under penalty of election falsification that
the | 39 |
circulator witnessed the affixing of every signature, that all | 40 |
signers
were to the best of
the circulator's knowledge and
belief | 41 |
qualified to sign, and that every signature is to the best
of
the | 42 |
circulator's knowledge and belief the signature of the
person | 43 |
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 |
(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 |
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 |
Sec. 3503.14. (A) The secretary of state shall prescribe the | 144 |
form and content of the registration and change of residence and | 145 |
change of name form used in this state. The form shall set forth | 146 |
the eligibility requirements needed to qualify as an elector and | 147 |
meet the requirements of the National Voter Registration Act of | 148 |
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 applicant | 166 |
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 |
I, ........................... (Name of Candidate), the | 189 |
undersigned, hereby declare under penalty of election | 190 |
falsification that my voting residence is in ............... | 191 |
precinct of the ............................. (Township) or
(Ward | 192 |
and City or Village) in the county of ................,
Ohio; that | 193 |
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 a | 196 |
qualified
elector in the precinct in which my voting residence is | 197 |
located. I am a
member of the ........ Party. I hereby declare | 198 |
that I
desire to be .................... (a candidate for | 199 |
nomination as
a candidate of
the Party for election to
the office | 200 |
of .............) (a candidate for election to the
office or | 201 |
position of ..............) for the ............ in the
state, | 202 |
district, (Full term or unexpired term ending
...............) | 203 |
county, city, or village of ...................,
at the primary | 204 |
election to be held on the ............. day of
........., ...., | 205 |
and I hereby request that my name be printed upon
the official | 206 |
primary election ballot of the said .......... Party
as a | 207 |
candidate for ......... (such nomination) or (such election)
as | 208 |
provided by law. | 209 |
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 of | 223 |
candidate) whose declaration of candidacy is filed herewith, is
a | 224 |
member of the ............ Party, and is, in our opinion, well | 225 |
qualified to perform the duties of the office or position to
which | 226 |
that candidate desires to be elected. | 227 |
....................................... (Name of circulator | 235 |
of petition), declares under penalty of election falsification | 236 |
that the circulator of the petition is a qualified elector of the | 237 |
state of Ohio and resides at
the address appearing below the | 238 |
signature of that
circulator; that the circulator is a
member of | 239 |
the ........... Party; that the circulator is the
circulator
of | 240 |
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's | 246 |
knowledge and belief the
signature of the person whose signature | 247 |
it purports to be. | 248 |
Sec. 3513.261. A nominating petition may consist of one or | 271 |
more separate petition papers, each of which shall be | 272 |
substantially in the form prescribed in this section. If the | 273 |
petition consists of more than one separate petition paper, the | 274 |
statement of candidacy of the candidate or joint candidates named | 275 |
need be signed by the candidate or joint candidates on only one
of | 276 |
such separate petition papers, but the statement of candidacy
so | 277 |
signed shall be copied on each other separate petition paper | 278 |
before the signatures of electors are placed
on it. Each | 279 |
nominating petition containing signatures of electors of more
than | 280 |
one county shall consist of separate petition papers each of
which | 281 |
shall contain signatures of electors of only one county;
provided | 282 |
that petitions containing signatures of electors of more
than one | 283 |
county shall not thereby be declared invalid. In case
petitions | 284 |
containing signatures of electors of more than one
county are | 285 |
filed, the board of elections shall determine the
county from | 286 |
which the majority of the signatures came, and only
signatures | 287 |
from this county shall be counted. Signatures from
any other | 288 |
county shall be invalid. | 289 |
At the time of filing a nominating petition, the candidate | 292 |
designated in the nominating petition, and joint
candidates for | 293 |
governor and
lieutenant governor, shall pay to the election | 294 |
officials with
whom it is filed the fees specified for the office | 295 |
under
divisions (A) and (B) of section
3513.10 of the Revised | 296 |
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 fee | 299 |
required under that section be
returned to a
candidate. | 300 |
I, ................................... (Name of candidate), | 316 |
the undersigned, hereby declare under penalty of election | 317 |
falsification that my voting residence is in ................ | 318 |
.......... Precinct of the ......................... (Township)
or | 319 |
(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 the | 322 |
............................... (City, Village, or post office)
of | 323 |
...................., Ohio; and that I am a qualified elector in | 324 |
the precinct in which my voting residence is located. I hereby | 325 |
declare that I desire to be a candidate for election to the
office | 326 |
of .............. in the ........................ (State, | 327 |
District, County, City, Village, Township, or School District)
for | 328 |
the ...................................... (Full term or
unexpired | 329 |
term ending ................) at the General Election
to be held | 330 |
on the ........... day of ..............., .... | 331 |
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 nominate | 349 |
.................... as a candidate for
election to the office of | 350 |
........................... in the
............................ | 351 |
(State, District, County, City,
Village, Township, or School | 352 |
District) for the .................
(Full term or unexpired term | 353 |
ending ...................) to be
voted for at the general | 354 |
election next hereafter to be held,
and certify that this person | 355 |
is, in our opinion, well qualified to
perform the duties of the | 356 |
office or position to which the person
desires
to be elected. | 357 |
..........................., declares under penalty of election | 371 |
falsification that such person is a qualified elector
of the state | 372 |
of
Ohio and resides at the address appearing below such
person's | 373 |
signature
hereto; that such person is the circulator of the | 374 |
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 best | 378 |
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 |
If such petition nominates a candidate whose election is to | 407 |
be determined by the electors of a county or a district or | 408 |
subdivision within the county, it shall be filed with the board
of | 409 |
such county. If the petition nominates a candidate whose
election | 410 |
is to be determined by the voters of a subdivision
located in more | 411 |
than one county, it shall be filed with the board
of the county in | 412 |
which the major portion of the population of
such subdivision is | 413 |
located. | 414 |
If the petition nominates a candidate whose election is to
be | 415 |
determined by the electors of a district comprised of more
than | 416 |
one county but less than all of the counties of the state,
it | 417 |
shall be filed with the board of elections of the most
populous | 418 |
county in such district. If the petition nominates a
candidate | 419 |
whose election is to be determined by the electors of
the state at | 420 |
large, it shall be filed with the secretary of
state. | 421 |
The secretary of state or a board of elections shall not | 422 |
accept for filing a nominating petition of a person seeking to | 423 |
become a candidate if that person, for the same election, has | 424 |
already filed a declaration of candidacy, a declaration of intent | 425 |
to be a write-in candidate, or a nominating petition, or has | 426 |
become a candidate through party nomination at a primary election | 427 |
or by the filling of a vacancy under section 3513.30 or 3513.31 of | 428 |
the Revised Code for any state or county office, if the nominating | 429 |
petition is for a state or county office, or for any municipal or | 430 |
township office, for member of a city, local, or exempted
village | 431 |
board of education, or for member of a governing board of an | 432 |
educational service center, if the nominating petition is for a | 433 |
municipal or township office, or for member of a city, local, or | 434 |
exempted village board of education, or for member of a governing | 435 |
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 |
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 |